Bylaw 14866

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 830

WHEREAS Lot 12R, Block 1, Plan 6431RS; located at 19935 - Quadrant Avenue SW, Rural West, Edmonton, Alberta, is specified on the Zoning Map as (AP) Public Parks Zone; and

WHEREAS an application was made to rezone the above described property to (RR) Rural Residential Zone;

NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government Act RSA 2000, ch. M-26, as amended, the Municipal Council of the City of Edmonton duly assembled enacts as follows:

1. The Zoning Map, being Part III to Bylaw 12800 The Edmonton Zoning Bylaw is hereby amended by rezoning the lands legally described as Lot 12R, Block 1, Plan 6431RS; located at 19935 - Quadrant Avenue SW, Rural West, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (AP) Public Parks Zone to (RR) Rural Residential Zone.

READ a first time this day of , A. D. 2008;

READ a second time this day of , A. D. 2008;

READ a third time this day of , A. D. 2008;

SIGNED and PASSED this day of , A. D. 2008.

THE CITY OF EDMONTON

____________________________________

MAYOR

____________________________________

CITY CLERK


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SCHEDULE “A”

14866_SchA.pdf


DESCRIPTION: ZONING BYLAW AMENDMENT from (AP) Public Park Zone to (RR) Rural Residential Zone; RURAL WEST

LOCATION: 19935 - QUADRANT AVENUE SW

LEGAL

DESCRIPTION: Plan 6431RS Blk 1 Lot 12R

APPLICANT: ROPCEAN, KEN

9 - ETON TERRACE

ST. ALBERT, ALBERTA T8N 5K5

OWNER: City of Edmonton

4th Floor, 9803 - 102A Avenue

Edmonton AB T5J 3A3

ACCEPTANCE OF

APPLICATION: June 28, 2007

EXISTING

DEVELOPMENT: undeveloped park space

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION: That Bylaw 14866 to amend the Zoning Bylaw from (AP) Public Park Zone to (RR) Rural Residential Zone, be APPROVED.


DISCUSSION

1. The Application

This is an application to amend the Zoning Bylaw, as it applies to a narrow strip of park reserve, from (AP) Public Parks Zone to (RR) Rural Residential Zone.

This proposed amendment is related to two other applications that are being processed concurrently by the Administration:

The first application proposes to remove the Municipal Reserve designation from the affected portion of the park property (Lot 12R). This is a requirement legislated by the Municipal Government Act (Section 674) and must be satisfied prior to the disposal of any municipally owned park land. The Report of Disposal of Reserve Land has been submitted concurrently to City Council by the Land and Buildings Branch of the Asset Management and Public Works Department for approval.

The second application proposes to subdivide the affected area from the park property in order to facilitate its sale to the abutting property owner. A sales agreement has been executed between the abutting owner and the City, and is subject to the successful completion of this and its related processes.

The applicant’s stated intent is to acquire the strip and consolidate it into his existing property abutting to the south. 142 River View Way SW (Lot 11) is 0.6 ha in size. The applicant has stated that he has no intention to further subdivide his property if Council approves the zoning of this strip of land. This 3m wide piece of parkland has never developed and, under his ownership, he will assume control and maintenance.

2. Site and Surrounding Area

The subject property is located in the Rural West, south of Quadrant Avenue and west of 199 Street and is currently undeveloped. The panhandle of park space was acquired at the time annexation in 1982 in its present form and configuration. It is a narrow piece of land (351m2) that is 3m wide and 72.117 m long.

Lands north of the subject site, across Quadrant Avenue, are in agricultural use and are zoned (AG) Agricultural. The existing park is located east of the subject area; on land zoned (AP) Public Parks. Lands to the west and south are zoned (RR) Rural Residential and are partially developed with single detached residential homes


View looking south-east from Quadrant Avenue, east of 205 Street S.W.

ANALYSIS

1. History

On June 12, 2006, City Council approved Bylaw 14307. That Bylaw amended the Zoning Bylaw a site of the same dimension located immediately west of this subject site from (AP) Public Parks to (RR) Rural Residential. Also, a Report of Disposal of Reserve Land was approved by City Council by the Asset Management and Public Works Department at that time to remove the Municipal Reserve. That site was amalgamated through subdivision with the parcel immediately to the south subsequent to Council approval of the rezoning and reserve designation removal.

2. Compliance with Approved Plans and Land Use Compatibility

The subject property is located in the Rural West region and does not lie within any Area Structure Plan (ASP) or Neighbourhood Structure Plan (NSP). This area is designated as “Agricultural Area” in Plan Edmonton.

From a technical and philosophical perspective, rezoning land to (RR) Rural Residential does not comply with Plan Edmonton, which speaks to the preservation of agricultural areas and the prevention of premature fragmentation of such lands until needed for urban development (Strategies 1.3.1 to 1.3.3). However, the circumstances of this individual application are such that strict adherence to the guidance of Plan Edmonton is not warranted. Specifically:

1. The amount of land involved in the application is negligible and is not functional to the existing park site; and


2. The nature of the rezoning does not constitute an expansion of new urban development in a rural area, but rather a minor intensification of development within an existing, historical rural development.

The application of the RR zone to this piece of land and the consolidation into a single parcel will be compatible with surrounding RR zoning.

In consideration of these facts, the net result of this amendment would be compatible with the surrounding development.

3. Smart Choices Assessment

The application of Smart Choice Principles is not applicable given the nature and location of this proposal.

4. Transportation and Utilities

The Transportation Department has expressed no objection to the rezoning. Transportation has advised that no access will be allowed to Quadrant Ave.

Parkland Services has no objection to the rezoning.

No other Civic Departments or utility agencies have expressed concern with the application.

5. Surrounding Property Owners’ Concerns

The Planning and Development Department sent an advance notice of this proposed amendment to 17 surrounding property owners and the West Edmonton Communities Association on July 17, 2007. The Department received no responses to this notification.

JUSTIFICATION

The Planning and Development Department recommends that Bylaw 14866 be APPROVED on the basis that it is consistent and compatible with the surrounding (RR) Rural Residential Zone and on the basis that it will facilitate the disposition of an un-developable portion of park land to the abutting owner.

ATTACHMENT

2a Maps

Written by: D. Read

Approved by: W. Hughes

Planning and Development Department

January 21, 2008


ATTACHMENT 2a

14866_Att2a.pdf


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14866_pg2.pdf