APPROVED

As to Form ______

CITY SOLICITOR

Bylaw 13435

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 323

WHEREAS Block B1, Plan 3589 MC, located west of Winterburn Road NW and south of 112 Avenue, Winterburn Industrial, Edmonton, Alberta, is specified on the Zoning Map as (IM) Medium Industrial Zone; and

WHEREAS an application was made to rezone the above described property to (RMH) Mobile Home 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 Block B1, Plan 3589 MC, located west of Winterburn Road NW and south of 112 Avenue, Winterburn Industrial, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone.

READ a first time thisday of , A. D. 2003;

READ a second time thisday of, A. D. 2003;

READ a third time thisday of, A. D. 2003;

SIGNED and PASSED thisday of, A. D. 2003.

THE CITY OF EDMONTON

______

MAYOR

______CITY CLERK

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SCHEDULE “A”


DESCRIPTION:ZONING BYLAW AMENDMENT from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone; WINTERBURN INDUSTRIAL

LOCATION:West of Winterburn Road, north of the Westview Mobile Home Park property line

LEGAL

DESCRIPTION:Block B-1, Plan 3589MC

APPLICANT:Fraser Milner Casgrain LLP

OWNER:Reginald and Jacqueline Hillgardner

ACCEPTANCE OF

APPLICATION:April 4, 2003

EXISTING

DEVELOPMENT:Outdoor storage and encroaching mobile home park.

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw 13435 to amend the Zoning Bylaw from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone be APPROVED.

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DISCUSSION

1.The Application

On May April 4, 2003, the Planning and Development Department received an application to rezone a strip of land at the south end of this site from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone. The strip of land is 1.3 m wide by 595 m long and is .077 ha in area. The intent of this application is to correct an encroachment of the mobile home park which is located to the south of the subject property. This encroachment has been in existence for several years but has only recently been discovered when the mobile home park was surveyed. A subdivision application has also been received concurrent with this application. The subdivided strip of land would be consolidated with the mobile home park properties.

2.Site and Surrounding Area

The site is located west of Winterburn Road (215 Street) and is directly north of the Westview Mobile Home Park at 109 Avenue. The parcel is currently zoned (IM) Medium Industrial and is being used for outdoor storage. A row of trees buffers these uses from the mobile home park to the south. The CN mainline borders the north boundary of the parcel with medium industrial uses located further to the north and west.

View of site facing east.

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BYLAW 13435

FILE:ZB/030039

WINTERBURN INDUSTRIAL

ANALYSIS

1.Compliance with Approved Plans and Land Use Compatibility

The subject site is located within the Winterburn Industrial Area Structure Plan (ASP) which recommends that land uses such as light manufacturing, warehousing and construction industries locate within the ASP area. The Westview Village Mobile Home Park is allowed to continue as a non-conforming use as it was in existence before the ASP was adopted in 1979. As this application is simply correcting an encroachment and not does not add onto the mobile home park use, it maintains the existing status of the mobile home park within the Winterburn Industrial ASP.

2.Transportation and Utilities

The Transportation and Streets Department, Asset Management and Public Works Department and utility agencies have no objections to the proposal.

  1. Community Services and Schools

The Community Services Department and both School Boards expressed no concerns over the proposed rezoning.

4.Surrounding Property Owners’ Concerns

There was no response to the letter of advance notification from any surrounding property owners.

JUSTIFICATION

The Planning and Development Department recommends that Bylaw 13435 be APPROVED on the basis that this application does not add to the non-conforming situation of the Westview Mobile Home Park located within the Winterburn Industrial Area Structure Plan.

ATTACHMENT

2aMaps

Written by: Marica Clarke

Approved by: Brian Kropf

Planning and Development Department

June 2, 2003

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ATTACHMENT 2a

13435_Att2a.pdf

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(13435)

13435_pg2.pdf