Bylaw 14925
Closure of a portion Government Road Allowance (45 Avenue);
located at 45 Avenue NW and west of 190 Street NW, Jamieson Place
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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:
Firstly:
MERIDIAN 4 RANGE 25 TOWNSHIP 52
All that portion of the original Government Road Allowance (45th Avenue) lying between the East boundary of Lot 1, Block 1, Plan 052 5130 and the most westerly boundary of Lot 2, Block 1, Plan 072 1640
EXCEPTING THEREOUT ALL MINES AND MINERALS
Secondly:
Plan 752 1752
All that portion of road widening (45th Avenue)
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 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
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MAYOR
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CITY CLERK
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SCHEDULE “A”
DESCRIPTION: AMENDMENT TO THE JAMIESON PLACE NEIGHBOUROOD STRUCTURE PLAN.
PROPOSED CLOSURE for the portion of 45 Avenue between 190 Street, the Transportation Utility Corridor and north of Lessard Road.
ZONING BYLAW AMENDMENT from (AG) Agricultural Zone and (RSL) Residential Small Lot Zone to (RF4) Semi-detached Residential Zone, (RF5) Row Housing Zone, (RSL) Residential Small Lot Zone and (PU) Public Utility Zone; JAMIESON PLACE.
LOCATION: North of Lessard Road, south of 46 Avenue and west of 190 Street
LEGAL
DESCRIPTION: Block OT, Plan 882 2480
A portion of road right-of-way
APPLICANT: Dan Weiss
#301, 10324-82 Ave
Edmonton, Alberta, T6E 1Z8
OWNER: 1269848 ALBERTA LTD
307 – Weaver Point NW
Edmonton AB T6M 2J4
And
City of Edmonton
#1 Sir Winston Churchill Square
Edmonton, Alberta T5J 2R7
ACCEPTANCE OF
APPLICATION: March 20, 2007
EXISTING
DEVELOPMENT: The subject site was recently utilized as a greenhouse and is currently vacant. The portion of road right-of-way considered for closure is a paved raised roadbed.
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION: That Bylaw14924 to amend the Jamieson Place Neighbourhood Structure Plan be APPROVED.
That Bylaw 14925 to close the portion of 45 Avenue between the Transportation Utility Corridor and 190 Street be APPROVED.
That Bylaw14926 to amend the Zoning Bylaw from (AG) Agricultural Zone and (RSL) Residential Small Lot Zone to (RF4) Semi-detached Residential Zone, (RF5) Row Housing Zone, (RSL) Residential Small Lot Zone and (PU) Public Utility Zone be APPROVED.
DISCUSSION
1. The Application
There are three bylaws associated with this report:
o An amendment to the Jamieson Place Neighbourhood Structure Plan (NSP) to redesignate land from Single Detached Residential uses to Semi-detached and Row housing uses in the southern portion of the site and the removal of the site’s Special Study Area designation (Bylaw 14924);
o A road closure for the remaining portion of 45 Avenue east of the Transportation Utility Corridor and west of Lessard Road (Bylaw 14925);
o A rezoning from (AG) Agricultural Zone and (RSL) Residential Small Lot Zone to (RF4) Semi-detached Residential Zone, (RF5) Row Housing Zone, (RSL) Residential Small Lot Zone, and (PU) Public Utility Zone (Bylaw 14926).
The NSP amendment proposes to remove the Special Study Area, originally created to account for Lessard Road’s future alignment and development fragmented by the pipeline rights-of-way in the neighbourhood’s southern portion, and redesignates this area from Single Detached Residential to Semi-Detached, Row Housing, and Pipeline/Open Space uses. The Semi-detached and Pipeline/Open Space land use designations will ensure the proposed Row Housing land use is not directly adjacent to any existing or planned for single family homes.
The Road Closure will facilitate the consolidation and subdivision of land within the rezoning area implementing the final pieces of the NSP’s proposed road network.
The Rezoning application will rezone land from from (AG) Agricultural Zone and (RSL) Residential Small Lot Zone to (RF4) Semi-detached Residential Zone, (RF5) Row Housing Zone, (RSL) Residential Small Lot Zone, and (PU) Public Utility Zone to allow for a mix of row and semi-detached housing on site while formally recognizing land fragmented by the existing pipeline rights-of-way as space for future Public Utility uses. A small portion of the site will be used for single detached housing to allow completion of the approved subdivision east of the pipeline rights-of-way.
2. Site and Surrounding Area
Located in the southernmost portion of the Jamieson Place neighbourhood, the subject site is approximately 2.1 ha in size. The site is comprised of a portion of the 45 Avenue right-of-way and a former Greenhouse operation to the south. Several pipeline rights-of-way parallel the site’s eastern edge.
Land east of the application area was recently rezoned and subdivided for single family and public utility uses. North of the application area, land is zoned (RSL) Residential Small Lot Zone and is developed with single detached residential uses. Lessard Road borders the southern edge of the application area and marks the boundary between the Jamieson Place and Wedgewood Heights Neighbourhoods. The Transportation Utility Corridor defines the site’s western border.
Vehicular access to the site is proposed to be from the southernmost portion of 190A Street, a local road. 190A Street is the site’s only access into the community. To exit the neighbourhood, one travels north on 190A Street and connects, via two collector roads (49 Avenue and 188 Street), to access the nearest arterial (Lessard Road).
Looking north on site from Lessard Road
ANALYSIS
1. Compliance with Approved Plans and Land Use Compatibility
Land in the southern portion of the Jamieson Place Neighbourhood Structure Plan was originally designated for Single Detached Residential uses and identified as a Special Study area to account for Lessard Road’s future alignment west of 184 Street and several pipeline rights-of-way which fragment the site. The eastern portion of the Special Study Area was rezoned for single detached residential development and subdivided in 2007. With Lessard Road’s alignment finalized west of 184 Street and land fragmented by the pipeline rights-of-way being rezoned to (PU) Public Utility Zone, the issues which necessitated a special study area will be resolved and the area’s special study status may be removed.
The overall change results in an increase of 70 medium density units, while decreasing the number of low density units by five. This represents an overall net increase of 65 units in the neighbourhood, which would add approximately 213 people to the total population, which is now projected to be 3,123 people. As a result, the low/medium density ratio changes from 87%/13% to 80%/20%.
Closure of 45 Avenue is recognized within the Jamieson Place Neighbourhood Structure Plan. The section of 45 Avenue proposed for closure is approximately 195 metres long and offers no connections to properties on either side. The closure of 45 Avenue east of 190 Street created an isolated and unusable portion of road right-of-way. Once closed, the portion of road right-of-way will be consolidated with the parcel to the south, facilitating the completion of the Jamieson Place Neighbourhood Structure Plan’s planned road network.
The Rezoning application proposes 0.6 ha of (RF4) Semi-detached Residential Zone, 1.3 ha of (RF5) Row Housing Zone, 0.17 ha of (PU) Public Utility Zone and 0.02 ha of (RSL) Residential Small Lot Zone. This will allow for a maximum density of 20 (RF4) semi-detached units and 54 (RF5) row housing units with surface parking. Should the (RF5) row housing units provide underground parking a maximum of seventy (RF5) row housing units could be built. The (PU) Public Utility Zone lands will facilitate completion of the Neighbourhood Structure Plan’s proposed north-south walkway and the (RSL) Residential Small Lot Zone land will be subdivided and consolidated with lands to the east to complete a subdivision of single family lots.
The semi-detached housing will have side and rear yard setbacks equal to those specified in the (RSL) Residential Small Lot Zone, encouraging a similar built form and offering a suitable transition between the existing single family homes and the proposed row housing.
2. Smart Choices
Given the small size of the amendment area, and the use of standard zoning, only a limited assessment is possible under the City’s Smart Choices Programme. Portions of the Smart Choices initiatives on Walkability, Urban Design, and Residential Infill will be addressed through this amendment.
The proposed amendments will improve walkability in the Jamieson Place Neighbourhood by connecting the north-south Multi Use Trail to the Wedgewood Heights neighbourhood and offering connections from the Multi Use Trail to the amendment area. Urban design transitions between housing forms will be addressed by a strip of (RF4) semi-detached housing abutting the existing single family homes, ensuring that existing housing backs on to housing with equivalent height and rear yard setbacks.
The Jamieson Place neighbourhood is less than 30 years old, and the site proposed for development represents the neighbourhood’s last portion of undeveloped land. The application does address a number of the Smart Choices infill principles by increasing the number of housing units within the neighbourhood while diversifying the residential housing mix.
3. Transportation, Drainage and Utilities
The Transportation Department has reviewed traffic count data for 190A Street and advises that even with the maximum densities under the proposed (RF4) Semi-detached and (RF5) Row Housing zoning densities, the total traffic volumes along 190A Street would be within an acceptable range. The Transportation Department has no objections to these proposed Bylaws and advises that:
- no access will be permitted onto Lessard Road as the abutting portion of roadway is within the Transportation Utility Corridor;
- A noise study is required prior to subdivision; and
- Emergency access may be required along the existing walkway north of the site.
The Drainage Branch of the Asset Management and Public Works Department expressed no objections to these proposed Bylaws.
The utility providers expressed no objections to the proposed Bylaws.
4. Parks and Schools
The Asset Management and Public Works Parks Department, Edmonton Public Schools and Edmonton Catholic Schools did not object to these amendments.
5. Environmental Suitability
A Phase I and Phase II Environmental Site Assessment was approved by the Planning and Development Department’s Environmental Group on April 7, 2008.
6. Disposition
The Land and Buildings Branch of the Asset Management and Public Works Department advise that a sale agreement has been executed for the proposed closure. Once closed the land will be consolidated with the lot to the south.
7. Surrounding Property Owners’ Concerns
An advance notice regarding the application was sent to all property owners within the Jamieson Place Neighbourhood and the presidents of the Wedgewood Ravine Community League, the Willowby Community League and the West Edmonton Communities Council. The notice was mailed out on October 31, 2007. The Planning and Development Department received 18 letters and 30 phone calls regarding the application; the majority of which were to express concern with the proposed development.
BYLAW14924
BYLAW 14925
BYLAW14926
FILE:LDA07-0176
JAMIESON PLACE
A public meeting was held on November 19, 2007 to discuss the proposed NSP amendment and rezoning. Forty-two residents and both ward councillors attended the meeting. At this meeting, concerns were raised regarding the proposal’s effects on traffic, design and density. A community organized focus group was formed following the public meeting and met with staff from the Planning and Development Department, the Transportation Department, and the applicant several times to discuss community concerns and ways to improve the proposed application. Issues raised by the community included increased traffic, the design of the project and the proposed density.
In response to traffic, concerns were expressed about the development’s effects on traffic along 190A Street and the neighbourhood road network’s ability to handle any increases, as well as potential parking capacity. In response to these concerns, the applicant amended the application to reduce the area proposed for the (RF5) Row Housing zone by 0.6 ha and introduce 0.6 ha of land for (RF4) Semi-detached uses. This has resulted in a slight reduction of the traffic volumes along 190A Street. The Transportation Department indicated local and collector neighbourhood roads can accommodate increased traffic from the proposed zones. Parking for all units would be provided as per the Zoning Bylaw requirements.
Concern was also expressed regarding the development’s design, landscaping and parking capacity. Questions were also raised about the choice of an (RF5) Row Housing Zone rather than a lower density zoning or dedicated green space and the potential of too dense a development being created under the (RF5) Row Housing Zone. In response, the applicant has stated their intent to develop the land with appropriate buffering and landscaping from single family homes to the north. Given the size and awkward shape of the site, the applicant felt that RF5 was the best possible use. To ensure appropriate buffering from the existing single family residential north of the proposed row housing, the applicant amended the rezoning proposal to include a ‘transition’ strip of (RF4) Semi-detached housing where the site parallels existing single family homes.
Notwithstanding the applicant’s changes to the initial application, it is the Planning and Development Department’s opinion the community focus group still has concerns regarding the increased traffic, proposed density and potential for on street parking in the existing neighbourhood.