APPROVED
As to Form ______
CITY SOLICITOR
Bylaw 12497
A Bylaw to amend Bylaw 11705, as amended, being the Blackmud Creek
Neighbourhood Area Structure Plan
WHEREAS pursuant to the authority granted to it by the Planning Act, on May 19, 1998, the Municipal Council of the City of Edmonton passed Bylaw 11705, as amended, being the Blackmud Creek Neighbourhood Area Structure Plan; and
WHEREAS Council found it desirable to amend Bylaw 11705, as amended, the Blackmud Creek Neighbourhood Area Structure Plan through the passage of Bylaw 12021; and
WHEREAS an application was received by the Planning and Development Department to further amend the Blackmud Creek Neighbourhood Area Structure Plan;
NOW THEREFORE upon the recommendation of the Planning and Development Department and 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:
1. Bylaw 11705, as amended, the Blackmud Creek Neighbourhood Area Structure Plan is hereby amended by:
a) deleting the map entitled “Bylaw 12021 Blackmud Creek Neighbourhood Area Structure Plan” and substituting therefor the map entitled “Bylaw 12497 Amendment to the Blackmud Creek Neighbourhood Area Structure Plan” attached hereto as Schedule “A” and forming part of this Bylaw;
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b) deleting the statistics entitled “Land Use and Population Statistics Blackmud Creek Neighbourhood Area Structure Plan Bylaw 12021” and substituting therefor new statistics entitled “Land Use and Population Statistics Blackmud Creek Neighbourhood Area Structure Plan Bylaw 12497” annexed hereto as Schedule “B” and forming part of this Bylaw; and
c) adding to the Consultant’s Report, the report entitled “Amendment to Blackmud Creek Neighbourhood Area Structure Plan Bylaw 12497”, attached hereto as Schedule “C”, and forming part of this Bylaw; and
d) adding to the Planning and Development Department’s report, the Planning and Development Department’s report, dated January 2, 2001, attached hereto as Schedule “D” and forming part of this Bylaw.
READ a first time thisday of , A. D. 2001;
READ a second time thisday of, A. D. 2001;
READ a third time thisday of, A. D. 2001;
SIGNED and PASSED thisday of, A. D. 2001.
THE CITY OF EDMONTON
______
MAYOR
______CITY CLERK
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SCHEDULE “A”
12497_ScheduleA.pdf
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SCHEDULE “B”
BLACKMUD CREEK NEIGHBOURHOOD AREA STRUCTURE PLAN
LAND USE AND POPULATION STATISTICS
BYLAW12497
Area (ha) / % of GDAGross Area / 100.8
Environmental Reserve – Blackmud Creek / 17.82
Arterial Road Widening – Ellerslie Road / 3.18
Gross Developable Area / 79.8 / 100.00
Parks and Schools / 6.70 / 8.4
Klondike Valley Campground / 10.76 / 13.5
Ellerslie Road Baptist Church / 5.89 / 7.4
Arterial and Collector Roads / 11.69 / 1 / 14.6
Local Roads / 4.35 / 5.5
Walkway Rights-of-way / 1.92 / 2.4
Stormwater Management Facilities / 2.96 / 3.7 / 3.7
Commercial
Net Residential Area / 4.25
31.28 / 5.3
39.2
Units / % of
Total
Units / Population
Low Density Residential / 624 / 65 / 2,158
Row Housing (RF5) / 336 / 35 / 1,001
Total Residential / 960 / 0% / 100 / 3,159
Density:39.32 persons per gross hectare
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SCHEDULE “C”
AMENDMENT TO THE BLACKMUD CREEK
NEIGHBOURHOOD AREA STRUCTURE PLAN
Prepared by Ellerslie Road Baptist Church
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1.0INTRODUCTION
2.0PURPOSE OF AMENDMENT
3.0LAND USE IMPLICATIONS
4.0RATIONALE
5.0SERVICING
6.0TRANSPORTATION
CERTIFICATES OF TITLE
- Lot 1, Plan 8121027, Owned by Ellerslie Road Baptist Church
- Block G Plan 175 TR, Owned by the City of Edmonton
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AMENDMENT TO THE BLACKMUD CREEK
NEIGHBOURHOOD AREA STRUCTURE PLAN
1.0 INTRODUCTION
This amendment to the Blackmud Creek Neighbourhood Area Structure Plan (NASP) has been prepared by Ellerslie Road Baptist Church (the “Church”). The landowners within the proposed amended plan area are the Church and The City of Edmonton (Community Services). Certificates of Title are attached.
The original Blackmud Creek Neighbourhood Area Structure Plan was adopted under Bylaw 11705 and amended by City Council through Bylaw 12021.
The area under consideration for the revision has a church building (constructed in 1993) on the property owned by the Church and a sewage lagoon on the property owned by the City of Edmonton.
2.0 PURPOSE OF THE AMENDMENT
The main purpose of the amendment is to allow the area shown as Park on the existing NASP to be combined with the property owned by the Church and have the entire area designated as Urban Services. The total amended area is 4.26 hectares.
3.0 LAND USE IMPLICATIONS
The net effect of this amendment to the Blackmud Creek Neighbourhood Area Structure Plan will be very modest. It can be summarized as follows:
- The developed property owned by the Church, which is currently designated as Low Density Residential under the NASP, will be more accurately designated in accordance with the current and future use of the property. There will be no significant land use implications on this part of the property.
- The property owned by the City of Edmonton (Community Services Department), now being used as a sewage lagoon (which will be reclaimed), is not a part of the overall Park plan for Community Services and amalgamation of the parcels will allow for Church expansion.
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4.0 RATIONALE
The following reasons justify the amendment to the Neighbourhood Area Structure Plan:
- The revision is a more correct designation for the area under current and future use.
- Access to the sewage lagoon owned by the City of Edmonton has been via a strip along the west boundary of the Church Property. With the upgrading of Ellerslie Road the Transportation Department of the City has demanded that the access to the church property be moved to the east to satisfy safety considerations at the intersection of Ellerslie Road and 107th street. The Transportation Department would certainly not consider a separate access to the sewage lagoon if they are consistent with their requirements.
- The property owned by the City is a contiguous property with the Church property. The land use will be better served under one designation. The boundary on the south and east are common (Blackmud Creek). The west boundary is the quarter section line and under other ownership.
- There is no area designated as Urban Services in the existing NASP and such areas are necessary for a complete community plan.
- With the growth of the community there will be a need for expansion of the Church to serve the community. Providing this additional area as Urban Services will accommodate the future growth and needs of the community.
- Community Services intend to have a trail system along the Blackmud Creek and wish to acquire property from the Church along the east boundary. By changing the plan to Urban Services and making the land contiguous with the other property the trail system can be accommodated.
- With the widening of Ellerslie Road the Church lost 0.563 hectares (1.39 acres) or 17% of its property. The City of Edmonton (Community Services) consider the area bounded by the Church and Blackmud Creek surplus to their needs. The change in designation under the NASP and the acquisition of the entire property by the church will secure its future land requirements.
- Under Church ownership, all the land will be maintained and, as a service to the community, the parking lot can be used to access the trail system. The additional area may, in the future, be used for additional parking. Future buildings on the expanded Church property will likely connect to the existing building, or be located east of the existing building. The Church is there to serve the community.
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5.0 Servicing
- The essential services for the property under the amendment would not be altered.
- Sanitary sewer service for the Church has been designed coming from the south and west through the City of Edmonton property. This would require easements under the current ownership and would not change with the amendment. It would be simplified with a change in ownership with one contiguous parcel.
- Water is serviced from Ellerslie Road and would not be altered with the amendment.
- Storm water management is accommodated on the property by detention on the property through grading and would not be altered by the amendment.
6.0 Transportation
The roadway systems would not be altered with this amendment. All access to the area under the amendment would remain from Ellerslie Road.
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TABLE 1
BLACKMUD CREEK NEIGHBOURHOOD AREA STRUCTURE PLAN
APPROVED LAND USE AND POPULATION STATISTICS
BYLAW12021
Area (ha) / % of GDAGross Area / 100.8
Environmental Reserve – Blackmud Creek / 17.82
Arterial Road Widening – Ellerslie Road / 2.62
Gross Developable Area / 80.36 / 100.00
Parks and Schools / 7.24 / 9.0
Klondike Valley Campground / 10.76 / 13.4
Ellerslie Road Baptist Church / 5.91 / 7.4
Arterial and Collector Roads / 11.69 / 1 / 14.5
Local Roads / 4.35 / 5.4
Walkway Rights-of-way / 1.92 / 2.4
Stormwater Management Facilities / 2.96 / 3.7 / 3.7
Commercial
Net Residential Area / 4.25
31.28 / 5.3
38.9
Units / % of
Total
Units / Population
Low Density Residential / 624 / 65 / 2,158
Row Housing (RF5) / 336 / 35 / 1,001
Total Residential / 960 / 0% / 100 / 3,159
Density:39.32 persons per gross hectare
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TABLE 2
BLACKMUD CREEK NEIGHBOURHOOD AREA STRUCTURE PLAN
PROPOSED LAND USE AND POPULATION STATISTICS
BYLAW12497
Area (ha) / % of GDAGross Area / 100.8
Environmental Reserve – Blackmud Creek / 17.82
Arterial Road Widening – Ellerslie Road / 3.18
Gross Developable Area / 79.8 / 100.00
Parks and Schools / 6.70 / 8.4
Klondike Valley Campground / 10.76 / 13.5
Ellerslie Road Baptist Church / 5.89 / 7.4
Arterial and Collector Roads / 11.69 / 1 / 14.6
Local Roads / 4.35 / 5.5
Walkway Rights-of-way / 1.92 / 2.4
Stormwater Management Facilities / 2.96 / 3.7 / 3.7
Commercial
Net Residential Area / 4.25
31.28 / 5.3
39.2
Units / % of
Total
Units / Population
Low Density Residential / 624 / 65 / 2,158
Row Housing (RF5) / 336 / 35 / 1,001
Total Residential / 960 / 0% / 100 / 3,159
Density:39.32 persons per gross hectare
BYLAW_____
FILE:NASP/00-0006
BYLAW_____
FILE:LUB/00-0091
BLACKMUD CREEK
DESCRIPTION:AMENDMENT to the Blackmud Creek Neighbourhood Area Structure Plan; BLACKMUD CREEK
LAND USE BYLAW AMENDMENT from AG (Agricultural) District (County of Strathcona) and CR (Country Residential) District (County of Strathcona) to US (Urban Services) District and A (Metropolitan Recreation) District; BLACKMUD CREEK
LOCATION:South of 9th Avenue SW (Ellerslie Road) and west of the Blackmud Creek
LEGAL
DESCRIPTION:Plan 812 1027, Lot 1 and a portion of Block G, Plan 175 TR
APPLICANT:Ellerslie Road Baptist Church
10603 Ellerslie Road
Edmonton, AB T6W 1A1
OWNERS:Ellerslie Road Baptist Church
10603 Ellerslie Road
Edmonton, AB T6W 1A1
City of Edmonton
ACCEPTANCE OF
APPLICATION:September 7, 2000
EXISTING
DEVELOPMENT:Church and a treed sewage lagoon
______
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATIONS:That Bylaw12497 to amend the Blackmud Creek Neighbourhood Area Structure Plan be APPROVED.
That Bylaw12498 to amend the Land Use Bylaw from AG (Agricultural) District (County of Strathcona) and CR (Country Residential) District (County of Strathcona) to US (Urban Services) District and A (Metropolitan Recreation) District, be APPROVED.
BYLAW_____
FILE:NASP/00-0006
BYLAW_____
FILE:LUB/00-0091
BLACKMUD CREEK
DISCUSSION
1.The Application
This report concerns two related applications.
The first application NASP/00-0006 proposes to amend the Blackmud Creek Neighbourhood Area Structure Plan (NASP) by designating the Ellerslie Road Baptist Church site and a portion of a park site (formerly the Klondike Valley Sewage Lagoon) to an Urban Services designation. An urban service designation typically includes uses such as churches, daycares, community recreation services and cultural exhibits.
The second application LUB/00-0091 proposes to amend the Land Use Bylaw from AG (Agricultural) District (County of Strathcona) and CR (Country Residential) District (County of Strathcona) to US (Urban Services) District and A (Metropolitan Recreation) District. The area to be redistricted includes the lands affected by the proposed NASP amendment.
2.Site and Surrounding Area
The lands affected by this application are located south of 9 Avenue SW (Ellerslie Road) and west of the Blackmud Creek. The Ellerslie Road Baptist Church is located in the northern portion of the amendment area. A sewage lagoon, owned by the City of Edmonton, is located south of the church. North of the site is the country residential development of Richford. The Blackmud Creek borders the site to the east and south of the subject lands. To the west are single family lots within the developing Blackmud Creek Neighbourhood.
View looking east from the west property line.
BYLAW_____
FILE:NASP/00-0006
BYLAW_____
FILE:LUB/00-0091
BLACKMUD CREEK
ANALYSIS
1.Compliance with Approved Plans
The subject site is within the Blackmud Creek Neighbourhood Area Structure Plan which was adopted by City Council on May 19,1998. The amendment area currently contains the Ellerslie Road Baptist Church and a proposed park site. Located in the park site is the Klondike Valley sewage lagoon that will be decommissioned in the near future.
Construction of the of Ellerslie Road/Calgary Trail Interchange has necessitated a land expropriation of a 0.56 ha site frontage from the Ellerslie Road Baptist Church site. The church has also agreed to provide land for the continuation of a 7.5 metre top-of-the-bank public walkway along their eastern property line boundary.
To compensate for the land they are losing, the proposed plan amendment and redistricting application provide an opportunity for the Church to acquire a 0.536ha parcel of land south of their site. The Church requires additional land behind their parcel to maintain an adequate supply of parking space during major functions and provide an opportunity for expansion of the church facilities if required in the future.
While transferring 0.536 ha of land to the Church, the proposed amendment maintains 0.964 hectares of park space including a 20 metre strip of land immediately west of the church to act as a buffer between the adjacent residents and the church parking lot. Along the southern boundary of the church site, the park site increases to 50 metres in width from the adjacent residences, then increases to 79 metres at the most southerly portion of the proposed site.
2.Transportation and Utilities
No Civic Department or affected private utility agency has any outstanding concerns regarding this proposal.
3.Open Space
The Community Services Department has no outstanding concerns regarding this application. Their request to maintain the continuity of the top-of-the bank public walkway system was agreed to by the Church with the provision of the 7.5 metre strip of land along the church’s eastern boundary. The remnant park space is to remain as a passive naturalized park area that will be integrated with lands in the Blackmud Creek ravine.
BYLAW_____
FILE:NASP/00-0006
BYLAW_____
FILE:LUB/00-0091
BLACKMUD CREEK
4.Property Owners’ Concerns
A public meeting concerning this application was held on October 5, 2000 at the Ellerslie Rugby Union Club. The meeting was attended by 43 persons as well as representatives from the Ellerslie Road Baptist Church, area developers, ward councillors and City Staff. The Planning and Development Department also received three letters from residents who had concerns with this proposal.
At the public meeting, officials from the Church explained to residents that through the expropriation of lands from the front of their property the church was losing valuable parking space and would like to acquire all the park space behind their property in compensation. While some residents sympathised with the church, many had concerns regarding the potential loss of park space from their neighbourhood. Residents expressed their frustration at having recently purchased a property in the neighbourhood on the understanding that their home would back onto to park space. They felt it was now unfair to be faced with their properties backing onto a parking lot.
As a compromise was unable to be reached between the church and residents at the meeting, Councillor Langley suggested that a group of residents and representatives from the church meet with the Planning and Development Department to try and resolve this issue. Two subsequent meetings were held on November 1 and 8, 2000. At these meetings a compromise between the two groups was reached whereby the church would receive 0.536ha of the proposed park space and the remaining 0.964ha would remain as a park site. Furthermore, a buffer of park space would remain along the west boundary of the church parking lot and increase in distance at the southern boundary of the church site from 50 metres to 79 metres. This compromise is reflected in the proposed plan amendment and redistricting.
JUSTIFICATION
The Planning and Development Department recommends that Bylaw12497 be APPROVED on the basis that it complies with the intent of NASP by maintaining the church site and a parkland buffer as well as satisfying the technical and servicing requirements of affected City departments and outside agencies.
BYLAW_____
FILE:NASP/00-0006
BYLAW_____
FILE:LUB/00-0091
BLACKMUD CREEK
The Planning and Development Department recommends that Bylaw12498 be APPROVED on the basis that the application conforms to intent of the proposed amendment to the Blackmud Creek Neighbourhood Area Structure Plan.
ATTACHMENTS
1Approved Land Use and Population Statistics – Bylaw 12021
2Proposed Land Use and Population Statistics – Bylaw 12497
3Approved Blackmud Creek Neighbourhood Area Structure Plan - Bylaw 12021
4Proposed Blackmud Creek Neighbourhood Area Structure Plan - Bylaw 12497
5Surrounding Land Use Districts Map
6Proposed Redistricting – Bylaw 12498
Written by: Tim Ford
Approved by: Larry Benowski
Planning and Development Department
January 2, 2001
BYLAW_____
FILE:NASP/00-0006
BYLAW_____
FILE:LUB/00-0091
BLACKMUD CREEK
TABLE 1
BLACKMUD CREEK NEIGHBOURHOOD AREA STRUCTURE PLAN
APPROVED LAND USE AND POPULATION STATISTICS
BYLAW12021
Area (ha) / % of GDAGross Area / 100.8
Environmental Reserve – Blackmud Creek / 17.82
Arterial Road Widening – Ellerslie Road / 2.62
Gross Developable Area / 80.36 / 100.00
Parks and Schools / 7.24 / 9.0
Klondike Valley Campground / 10.76 / 13.4
Ellerslie Road Baptist Church / 5.91 / 7.4
Arterial and Collector Roads / 11.69 / 1 / 14.5
Local Roads / 4.35 / 5.4
Walkway Rights-of-way / 1.92 / 2.4
Stormwater Management Facilities / 2.96 / 3.7 / 3.7
Commercial
Net Residential Area / 4.25
31.28 / 5.3
38.9
Units / % of
Total
Units / Population
Low Density Residential / 624 / 65 / 2,158
Row Housing (RF5) / 336 / 35 / 1,001
Total Residential / 960 / 0% / 100 / 3,159
Density:39.32 persons per gross hectare
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ATTACHMENT 2
TABLE 2