Bylaw 12362
A Bylaw to amend Bylaw 5996, as amended,
The Edmonton Land Use Bylaw
WHEREAS portions of W 28-51-25-W4, located north of Ellerslie Road and east of 184 Street, Rural South West, Edmonton, Alberta, are specified on the Land Use District Map as AG(Agricultural) District (County of Strathcona); and
WHEREAS an application was made to redistrict the above described property to DC5 (Site Specific Development Control) District and A (Metropolitan Recreation) District;
NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government Act, S.A. 1994, c. M-26.1, as amended, the Municipal Council of the City of Edmonton duly assembled enacts as follows:
- The Land Use District Map, being Part III to Bylaw 5996 The Edmonton Land Use Bylaw is hereby amended by redistricting the lands legally described as portions of W 28-51-25-W4, located north of Ellerslie Road and east of 184 Street, Rural South West, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from AG(Agricultural) District (County of Strathcona to DC5 (Site Specific Development Control) District and A (Metropolitan Recreation) District.
2.The uses and regulations of the aforementioned DC5 District are annexed hereto as Schedule "B".
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3.The sketch plan annexed hereto as Schedule "A" and the uses and regulations of the DC5 District shown on Schedule "B" annexed hereto are hereby incorporated into the Land Use Bylaw, Volume II, being Part IV to Bylaw No. 5996 The Edmonton Land Use Bylaw.
READ a first time thisday of , A. D. 2000;
READ a second time thisday of, A. D. 2000;
READ a third time thisday of, A. D. 2000;
SIGNED and PASSED thisday of, A. D. 2000.
THE CITY OF EDMONTON
______
MAYOR
______CITY CLERK
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SCHEDULE “A”
12362_ScheduleA.pdf
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SCHEDULE “B”
DC5 (SITE SPECIFIC DEVELOPMENT CONTROL) DISTRICT
- General Purpose
To establish a Site Specific Development Control District to accommodate single family residential development in a rural setting, generally without the full range of urban utility services, with appropriate development criteria to ensure compatibility with the character of the surrounding area.
- Area of Application
This DC5 District shall apply to a portion of the SW ¼ Section 28-51-25-W4M and a portion of the NW ¼ Section 28-51-25-W4M, located south of 9 Avenue and west of 170 Street, containing approximately 14.21 hectares of land as shown on Schedule “A” of this bylaw, adopting this district. The western boundary of this district shall be located 7.5 m upland from the top-of-bank of the North Saskatchewan River Valley.
- Uses
(a)Child Care Services
(b)Major Home Occupations
(c)Minor Home Occupations
(d)Residential Sales Centre
(e)Single Detached Housing
- Development Criteria
(a)The minimum site area per dwelling shall be 0.2 hectares (0.5 acres);
(b)The maximum building Height shall not exceed 10 m (32.8 ft.) nor 2½ storeys;
(c)The minimum lot width shall be 20 m (67.2 ft.);
(d)The minimum Front Yard shall be 7.5 m (24.6 ft.);
(e)The minimum Read Yard shall be 7.5 m (24.6 ft.);
(f)The minimum Side Yard shall be 3.0 m (10.0 ft.);
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(g)The minimum development setback for all lots within 25 m of the top-of-bank shall be determined on the basis of a geotechnical assessment submitted to the satisfaction of the Development Officer;
(h)Water supply and sewage disposal for each lot shall be provided in accordance with the Public Health Act regulations, except that no in-ground disposal of sanitary wastes, including septic fields and mounds shall be permitted;
(i)The maximum number of dwelling units per lot shall be one (1);
(j)The minimum size of homes to be constructed on each lot shall be as follows:
(i)bungalow, at least 1,800 square feet of finished floor area on the ground floor;
(ii)two-storey house, at least 2,500 square feet of finished floor area; and
(iii)split level house or 1 ½ storey house, at least 2,100 square feet of finished floor area.
- Additional Development Criteria for Specific Uses
(a)Home Occupations shall be developed in accordance with Sections 84 and 85 of the Land Use Bylaw.
(b)Residential Sales Centres shall be developed in accordance with Section 95 of the Land Use Bylaw.
(c)Child Care Services shall be developed in accordance with Section 93 of the Land Use Bylaw.
BYLAW12362
FILE:LUB/000041
RURAL SOUTH WEST
DESCRIPTION:LAND USE BYLAW AMENDMENT from AG(Agricultural) District (County of Strathcona) to DC5(Site Specific Development Control) District and A (Metropolitan Recreation) District for Portions of NW and SW ¼ 28-51-25-4; RURAL SOUTH WEST
LOCATION:18021 - 9 Avenue and 17804 Ellerslie Road
LEGAL
DESCRIPTION:Portions of NW and SW ¼ 28-51-25-W4
APPLICANT:IBI Group
Suite 600, 10310 - Jasper Avenue
Edmonton, Alberta
T5J 2W4
OWNER:Beaverbrook Windermere Ridge Ltd. & 368856 Alberta Ltd.
1600, 10205 - 101 Street
Edmonton, Alberta
T5J 2Z2
ACCEPTANCE OF
APPLICATION:May 15, 2000
EXISTING
DEVELOPMENT:Vacant
______
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION:That Bylaw12362 to amend the Land Use Bylaw from AG(Agricultural) District (County of Strathcona) to DC5(Site Specific Development Control) District and A (Metropolitan Recreation) District be REFUSED.
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DISCUSSION
1.The Application
This is an application to amend the Land Use Bylaw from AG(Agricultural) District to DC5(Site Specific Development Control) District and A (Metropolitan Recreation) District for a 36.89ha area of land located in southwest Edmonton. The purpose of the DC5 District is to establish an opportunity for a 14.21ha single detached residential development on lots with a minimum area of 0.2ha. By defining the top-of-the bank, the application simultaneously designates 26.02ha of land below the top-of-bank and within the North Saskatchewan River Valley as A (Metropolitan Recreation) District.
A subdivision application to create two DC5 parcels and environmental reserve parcels in accordance with the proposed districts has been submitted under File No.SUB/00-0029.
2.Site and Surrounding Area
The site is located north of Ellerslie Road and east of 184 Street in southwest Edmonton beyond the Restrictive Development Area/Transportation Utility Corridor(RDA/TUC) and the proposed alignment of the future ring road. As such, the site is approximately 1.5kilometres southwest from the developed portion of the Riverbend area and approximately 1 kilometre southwest of the largely undeveloped Terwillegar Heights area.
The site is currently vacant and used for agricultural purposes. To the north of the site is the existing country residential subdivision of Windermere Estates. West of the site, in the North Saskatchewan River Valley, is the River Ridge golf course. To the south of the site is another country residential subdivision, while to the east of the site are parcels used for grain crop production. With the exception of the nearby rural residential developments and golf course, the area surrounding the site is predominately agricultural.
The Canadian Soils Classification Index identifies this site as having Class1 soils which have none to moderate limitations with regard to agricultural production.
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View from the south east corner of the site(s) looking north.
ANALYSIS
1.Compliance with Approved Plans and Policies
This application is contrary to a number of City of Edmonton land development policies.
a)Plan Edmonton – Edmonton’s Municipal Development Plan (MDP)
While recognising this area of Southwest Edmonton as a Suburban Area, Plan Edmonton encourages the utilization of lands in approved area structure plans before undertaking additional expansion. The MDP also encourages growth in a fiscally responsible and contiguous manner by making use of existing City infrastructure and services. The following Strategies contained in Plan Edmonton discourage this type of development:
Strategy 1.3.2Prevent premature fragmentation of agricultural land prior to the extension of cost-effective urban services.
Strategy 1.3.3Support contiguous development that is adjacent to existing development in order to accommodate growth in an orderly and economical fashion.
Strategy 1.3.5 Support increased densities of land use through infill development that is sensitive to existing development.
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Strategy 1.7.1Accommodate growth in an orderly, serviced and cost –effective manner.
This application seeks to obtain a development opportunity that is contrary to the policies of the MDP and without benefit of the prior adoption of a statutory plan to guide the development of the subject lands and the surrounding area.
b)Preparation of an Area Structure Plan
While the preparation of an Area Structure Plan(ASP) is not a statutory requirement under The Municipal Government Act, it is the practice of Council that an ASP or Servicing Design Concept Brief (SCDB) be prepared for areas designated for suburban development in theMDP.
c)Top-of-the-Bank Roadway Policy
The proposed districting does not make any provision for a top-of-the-bank public roadway in accordance with the City’s Top-of-the-bank Public Roadway Policy. The proposed development would hinder and possibly eliminate the provision of a future top-of-the-bank road in this location.
d)Edmonton Land Use Bylaw
It is the position of the Planning and Development Department that this proposal is an inappropriate application of the DC5 District. Section 750 of the Land Use Bylaw provides that the DC5 District shall only be applied where among other things,
“...the proposed development is, in the opinion of Council, considered appropriate for the site having regard for the land use policies of the Municipal Development Plan, the objectives of any applicable Area Structure Plan or Area Redevelopment Plan, and compatibility with the scale and character of surrounding development ;”
Section750 of the Land Use Bylaw also indicates that a DC5District shall only be applied where,
“the use of any other Land Use District of this Bylaw to accommodate the proposed development would, in the opinion of Council, result in potential conflicts with existing or future surrounding developments, should the full development potential of such Land Use District be utilized;”
In large part, the proposed DC5District is based upon the regulations contained within the RF1 District. The principal difference between the proposed DC5District
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and the RF1District is that the proposed DC5 District would only permit the creation of lots with a minimum lot widths of 20 m compared to the minimum lot width of 12 m under the RF1 District. Other minor variances from the RF1 District include a minimum lot size of 0.2 ha and minimum front yards of 7.5 m (6 m under RF1). Clearly, the regulations contained in the proposed DC5 District could be established using the existing RF1 Single Family District.
The Planning and Development Department also notes that Council’s approval of this Bylaw will be precedent setting and very likely lead to additional applications seeking a similar development opportunity.
2.Transportation and Utilities
The Transportation and Streets Department indicates that it has no outstanding concerns regarding this application.
The Drainage Branch, Asset Management and Public Works Department, notes that storm and sanitary sewer are not available to this site. As a result, the Branch requires that sanitary flows be contained on site. The Drainage Branch also indicates that any development on the site must comply with the Sewers Bylaw which, among other things, requires that storm flows be maintained at pre-development levels and prevented from entering the North Saskatchewan River upstream of the E.L.Smith water treatment plant.
EPCOR Water Services Inc. indicates that municipal water service for this site is not available and that alternative means of providing potable water for domestic use and fire protection requirements must be addressed at the development permit stage of development.
3. Other Infrastructure
The Community Services Department advises that it does not support the proposed DC5District on the basis that it is not accompanied by a comprehensive development plan which would rationalize land use in the area and allow the Department to properly plan and provide urban services to this area.
The Emergency Response Department indicates that response times for this area would be significantly longer than for other portions of the City and that this could not be properly addressed without the development of an Emergency Response Station in Terwillegar Heights area. The Department also notes that its effectiveness will be impacted by the lack of a municipal water supply for fire suppression purposes. However, the Department indicates that this can be partially addressed through the use of residential sprinkler systems.
4.Surrounding Property Owners’ Concerns
The Planning and Development Department received one call from an adjacent resident in response to its letter of prenotification for this application. The caller had no objections to this type of development.
JUSTIFICATION
The Planning and Development Department recommends that the Bylaw to amend the Land Use Bylaw from AG(Agricultural) District (County of Strathcona) to DC5(Site Specific Development Control) District and A (Metropolitan Recreation) District be REFUSED on the basis that the application is not in conformance with the policies and practice of:
- The Edmonton Municipal Development Plan.
- The Council practice that an Area Structure Plan be prepared for areas where suburban development is proposed.
- Top-of-the-Bank Public Roadway Policy
- The Land Use Bylaw.
Further, the approval of this Bylaw will be precedent setting and very likely lead to additional applications seeking a similar development opportunity. In addition, the Emergency Response Department indicates that it has concerns about response times to the area of the proposed DC5 District and that the lack of a municipal water supply will seriously affect its ability to provide fire suppression services.
ATTACHMENT
2aMaps
Written by: Tim Ford
Approved by: Bruce Duncan
Planning and Development Department
June 5, 2000
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ATTACHMENT 2a
12362_Attachment2a.pdf
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2
12362_page2.pdf
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