Report for City Council March 26, 2008 Meeting

Bylaw 14867

Closure of a 0.30 ha portion of 156 Street NW, south of 16 Avenue NW, South Terwillegar

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WHEREAS the Municipal Council of the City of Edmonton may pass a Bylaw for the purpose of closing any road provided that the bylaw is advertised and any person who claims to be affected prejudicially by the bylaw, or their agent, has been given an opportunity of being heard by City Council in relation to the proposed Bylaw; and

WHEREAS City Council has considered the proposed closing and has agreed that it is in the public interest to pass this Bylaw;

NOW THEREFORE the Municipal Council of the City of Edmonton, duly assembled, enacts as follows:

1.All that portion of road, generally as shown on Schedule "A" described as follows:

Meridian 4 Range 25 Township 51

All that portion of original Government Road Allowance (156 Street) adjoining the

South West Quarter of Section 35 lying within the limits of Lot 1, Block 100,

Plan 082 ______containing _____ hectares (____ acres) more or less

EXCEPTING THEREOUT ALL MINES AND MINERALS

IS HEREBY CLOSED.

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2.When title or titles are created for the former portion of road as described in Section 1 of this Bylaw, it is understood and agreed that such title or titles for the former portion of road may be issued excepting Mines and Minerals, the City however, reserving the right to the said Mines and Minerals if in fact the City is the owner thereof.

READ a first time thisday of , A.D. 2008;

READ a second time thisday of, A.D. 2008;

READ a third time thisday of, A.D. 2008;

SIGNED and PASSED thisday of, A.D. 2008.

THE CITY OF EDMONTON

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MAYOR

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CITY CLERK

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SCHEDULE “A”

BYLAW NO.

FILE: LC/9-

DESCRIPTION:PROPOSED CLOSURE of a 0.30 ha portion of 156 Street NW; SOUTH TERWILLEGAR

ZONING BYLAW AMENDMENT from (PU) Public Utility Zone to (RA7) Low Rise Apartment Zone; SOUTH TERWILLEGAR

LOCATION:South of 16 Avenue NW at 156 Street NW

LEGAL

DESCRIPTION:The portion of Government Road Allowance (156 Street NW) lying east of Lot A, Plan 07520201

APPLICANT:Asset Management and Public Works Department

19th Floor, Century Place

9803 – 102A Avenue

Edmonton, AB T5J 3A3

OWNER:City of Edmonton

ACCEPTANCE OF

APPLICATION:May 1, 2007

EXISTING

DEVELOPMENT:Vacant, undeveloped land

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PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw 14867 to close a 0.30 ha portion of 156 Street be APPROVED.

That Bylaw14868 to amend the Zoning Bylaw from (PU) Public Utility Zone to (RA7) Low Rise Apartment Zone be APPROVED.

BYLAW NO.

FILE: LC/9-

DISCUSSION

1.The Application

This application proposes to close a 0.30 ha portion of 156 Street NW and rezone the eastern half of the road closure area from PU to RA7. The west half of the road closure area is currently zoned RA7.

The applicant’s intent is to consolidate the road closure area with the abutting RA7 zoned site to the west.

2.Site and Surrounding Area

The proposed closure area is currently an active rural cross section roadway located immediately south of 16 Avenue NW. The land located immediately east of the closure area is zoned PU and is a public utility right-of-way. The lands further east are developed as a storm water management facility. The area to the immediate west is zoned RA7. Lands further west and north are undeveloped land zoned (AG) Agricultural and abut Terwillegar Drive. The area to the southwest is currently zoned RA7 and occupied by the Holy Trinity Anglican Chinese Parish.

View south along 156 Street NW from 16 Avenue NW

BYLAW NO.

FILE: LC/9-

ANALYSIS

1.Compliance with Approved Plans

The application conforms to the South Terwillegar Neighbourhood Area Structure Plan (NASP), which designates the land for medium density residential.

2.Environmental Site Assessment Requirements

An approved Phase I Environmental Site Assessment confirms the site is free of contamination and suited for its intended use.

3.Disposition

The road closure area will be consolidated with the adjacent property to the west (1510 – 156 Street NW). A land exchange agreement has been completed between the City and West Edmonton Truckland Ltd subject to the approval of Bylaws 14867 and 14868.

4.Transportation, Utilities and Emergency Response

Transportation has no outstanding concerns to the applications and advises access to this site will be provided from the remnant portion of 156 Street NW. Emergency Response advises a 4.0 m wide asphalt emergency access connecting the site to ToaneWynd will be required and constructed as an alternate means of access at the Development Permit approval stage.

No other affected utility agency or City Department objects to the proposed rezoning and road closure.

5.Surrounding Property Owners’ Concerns

The Planning and Development Department sent an advanced notice letter and map to 19 surrounding property owners within 60m of the site and the Terwillegar Community League, the Windermere Community League and the Terwillegar Riverbend Advisory Council on July 9 2007. The Planning and Development department received two contacts concerned with privacy regarding the existing RA7 zoned site immediately west of 156 Street NW. Both citizens were unaware that the existing medium density site is currently zoned (RA7) Low Rise Apartment Zone.

BYLAW14867

BYLAW 14868

FILE:LDA07-0276

SOUTH TERWILLEGAR

JUSTIFICATION

The Planning and Development Department recommends that Bylaws 14867 and 14868 be APPROVED on the basis that the portion of road to be closed, rezoned and consolidated is not required for circulation purposes and is consistent with the South Terwillegar NASP and will enhance the development of the existing medium density site.

ATTACHMENT

2aMaps

Written by: JustinHogberg

Approved by: PeterOhm

Planning and Development Department

January 21, 2008

ATTACHMENT 2a

14867_Att2a.pdf

14867_pg2.pdf

14867_pg3.pdf

14867_pg4.pdf