Bylaw 14936

A Bylaw to amend Bylaw 6221, as amended, being the

Garneau Area Redevelopment Plan

WHEREAS pursuant to the authority granted to it, City Council, on May25,1982, passed Bylaw6221, as amended, being the Garneau Area Redevelopment Plan; and

WHEREAS an application was received by the Planning and Development Department to amend the Garneau Area Redevelopment Plan; and

WHEREAS Council considers it desirable to further amend the Garneau Area Redevelopment Plan;

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 hereby enacts as follows:

  1. That Bylaw 6221, as amended, is hereby further amended by:

a)deleting “Schedule O –Fraternity and Sorority Housing” and substituting therefor the new “Schedule O –Fraternity and Sorority Housing”, attached hereto as Schedule “A”, and forming a part of this Bylaw.

b)deleting “Schedule Q –Proposed Zoning” and substituting therefor the new “Schedule Q –Proposed Zoning”, attached hereto as Schedule “B”, and forming a part of this Bylaw.

READ a first time thisday of , A.D.2008;

READ a second time thisday of, A.D.2008;

READ a third time thisday of, A. D. 2008;

SIGNED and PASSED thisday of, A.D.2008.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

2/3

SCHEDULE “A”

14936_SchA.pdf

3/3

SCHEDULE “B”

14936_SchB.pdf

ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

DESCRIPTION:AMENDMENT TO the GARNEAU AREA REDEVELOPMENT PLAN; GARNEAU

ZONING BYLAW AMENDMENT from (RF3) Low Density Development Zone to (DC1) Direct Development Control Provision; GARNEAU;

LOCATION:Mid-block between 109 Street and 110 Street and fronting onto

88 Avenue.

Municipal address: 10945 - 88 Avenue NW

LEGAL

DESCRIPTION:Lot L, Block 148, Plan 5835CL.

APPLICANT:DavidSkrypichayko,

Mu Theta Elders Association of the Zeta Psi Fraternity

206, 17511-107 Avenue,

Edmonton, AB, T5S 1E5

OWNER:Keno Inc.

3000, 10303 Jasper Avenue,

Edmonton, AB, T5J 3N6

ACCEPTANCE OF

APPLICATION:July 20, 2007

EXISTING

DEVELOPMENT:Single detached dwelling

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw 14936 to amend the Garneau Area Redevelopment Plan be REFUSED.

That Bylaw 14937 to amend the Zoning Bylaw from (RF3) Low Density Development Zone to (DC1) Direct Development Control Provision beREFUSED.

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ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

DISCUSSION

1.The Application

This application concerns two bylaws:

Bylaw 14936 proposes to amend the Garneau Area Redevelopment Plan (ARP) as it applies to the subject site located at 10945-88 Avenue by amending Schedule O and Schedule Q.

Schedule O “Fraternity and Sorority Housing” map is proposed to be amended by removing the designation of a fraternity and sorority house at 10821-84 Avenue (the location of the former Zeta Psi Fraternity house) and adding the Fraternity and Sorority designation to 10945-88 Avenue, the property under consideration.

Schedule Q “Proposed Zoning” map is to be amended such that the text referring to the property will be revised from RF3 to DC1.

Bylaw 14937 proposes to amend the Zoning Bylaw from (RF3) Low Density Development Zone to (DC1) Direct Development Control Provision for the subject property in the Garneau neighbourhood.

The Applicant intends to accommodate a fraternity house within the existing built structure as a permitted use.

2.Site and Surrounding Area

The 0.049 hectare, (RF3) Low Density Development Zoned site is located on the south side of 88 Avenue between 109 Street and 110 Street within the Garneau Neighbourhood, less than a block to the University of Alberta. The lands surrounding the site and the subject property are under the Mature Neighbourhood Overlay. The urban character within this mature neighbourhood consists of mixed low, medium and high density housing and small scale commercial development. The site is occupied by a one-and-a-half storey single detached house, with an enclosed garage and parking pad located behind the building, accessed by the rear lane. The house is currently being used as a rental property.

The lands to the north, east and west of the site are zoned RF3 and developed as single detached houses between one-and-a-half and two-and-a-half storeys in height. Lands to the south are zoned (RA7) Low Rise Apartment Zone and developed predominately as single detached dwellings interspersed with low-rise apartments. A two-and-a-half storey fraternity or sorority house is developed immediately south of the site, across the lane.

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ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

[ETEMAZ1]ANALYSIS

1.Compliance with Approved Plans and Policies

The proposed Bylaw amendments supports the Creating Liveable Communities strategy of Plan Edmonton by providing choices regarding the types of developments in which people want to live and do business.

The applicant was advised that a DC1 was not the appropriate zone to accommodate the proposed development, given that section 710 of the Zoning Bylaw stipulates that a DC1 Provision “shall only be provided:

  1. where specified by an Area Structure Plan or Area Redevelopment Plan; or
  2. to those historical resources that have been designated by the Minister or by Council, in accordance with the Historical Resources Act.”

1

ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

Within the Garneau Area Redevelopment Plan, the DC1 zoning is reserved for “Special Character Residential” to preserve, retain and rehabilitate existing architectural details of character homes. The subject property has not been identified as an area of unique character in the Garneau ARP, nor has it been designated under the Historical Resources Act. Against the Planning Department’s advisements, the applicant chose to proceed with the DC1 application.

The proposed change in use to Fraternity and Sorority Housing does not conform to the intent of Policy 1.2, Sub Area 1 of the Garneau ARP to “protect and preserve family oriented housing” within the area. Policy S1.1, Section 4 “Special Issues” of the Garneau ARP attempts to mitigate the conflicts between fraternity housing and the homes of adjacent residences by providing guidance regarding the specific location of fraternity and sorority housing as indicated by Schedule O. This Schedule designates fraternity and sorority houses that were operating at existing locations at the time the Plan was adopted in May 1982, and designates potential sites that were deemed “appropriate” for Fraternity and Sorority Use. The proposed site is not designated by Schedule O for Fraternity and Sorority Housing. Furthermore, as the proposed site is located mid-block on a local roadway, it does not meet the location criteria that were used to evaluate potential appropriate sites designated by the Plan, specifically, that fraternity and sorority housing should be “located adjacent to areas of more intensive, mixed use development designated for Garneau and arterial roadways.”

In addition to the sites designated by Schedule O of the Garneau ARP, fraternity and sorority housing is a discretionary use in the Zoning Bylaw under (RA7) Low Rise Apartment Zone, (RA8) Medium Rise Apartment Zone and (RA9) High Rise Apartment Zone regardless of where these zones may be applied in Edmonton. As such, there are sufficient opportunities for fraternity and sorority housing within these zones as indicated by the Garneau ARP and in other neighbourhoods outside of Garneau.

2.Smart Choices Assessment

The proposed DC1 development supports the Smart ChoicesInitiative pertaining to Walkability through its proximity to the University of Alberta, the North SaskatchewanRiverValley and commercial services on 109 Street. The application was not assigned a numerical score on the Smart Choices Scorecard as it did not meet the criteria for evaluation under the other Initiatives. The application does not propose changes to the existing structure, only changes to the use; as such, the principles relating to Neighbourhood Re-Investment and Residential Infill are not applicable.

The Smart Choices Initiatives of Transit Oriented Development, Urban Design and Redevelopment of Older Commercial and IndustrialLands are not applicable to this application.

1

ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

3.Transportation and Utilities

The Transportation Department has no objection to the proposal. Department recommendations regarding parking requirements and access have been incorporated into the DC1 regulations.

Other affected civic departments and utility agencies had no concerns regarding this application.

4.Surrounding Public’s Concerns

The Planning and Development Department notified 319 property owners within 120 metres of the site, including the Garneau Community League (GCL) on February 5, 2008. Eleven contacts were received in response to the notice; all were opposed to the application. The Planning and Development Department also held a public meeting on December 17, 2008 which was attended by 115 persons who were generally opposed to the application. In addition, on August 17, 2007 and November 21, 2007 two letters were received from the GCL Planning Committee opposing the proposed application. Opposition raised in response to the notification, the public meeting and the GCL Planning Committee can be summarised under the following concerns:

  • fraternity activities would cause increased noise, disruptive behaviour and litter in the neighbourhood;
  • the proposed development would infringe on the privacy of the neighbouring properties;
  • the proposed structure would fall into disrepair due to a lack of maintenance and care;
  • surrounding property values would decrease;
  • the social activities of the Fraternity would cause greater parking pressures and increased traffic congestion for current residents and visitors in the surrounding neighbourhood;
  • spot rezoning would create a precedent for disregarding the ARP;
  • the DC1 zone was inappropriate for the site, given the DC1 General Purpose (710.1) and Application (710.2) as defined in the Zoning Bylaw;
  • the proposed change in use would disturb the current balance and mix of student and family housing; and
  • sufficient opportunities exist for fraternity and sorority housing within the areas designated by the Garneau ARP and in other locations of the City.

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ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

Six attendees at the Public Meeting supported the proposed development based on the increased provision of affordable housing, welcomed diversity brought by the student population and their belief that the Garneau ARP was outdated.

The Planning and Development Department generally concurs with the concerns raised by the community.

JUSTIFICATION

The Planning and Development Department recommends that Bylaw 14936 and Bylaw 14937 be REFUSED on the basis that:

  • the Garneau ARP designates appropriate sites for Fraternity and Sorority Housing within the neighbourhood, and there are sufficient opportunities for Fraternity and Sorority Housing as a discretionary use under the RA7, RA8 and RA9 zones in the Zoning Bylaw within Garneau and other neighbourhoods;
  • the location criteria for Fraternity and Sorority Housing as stipulated by the Garneau ARP are not met by the proposed site; and
  • the proposed DC1 is an inappropriate zone to accommodate the proposed development.

ATTACHMENTS

2aMaps

Written by: JaniceChan

Approved by: StefanFekner

Planning and Development Department

June 16, 2008

1

ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

ATTACHMENT 2a

14936_Att2a.pdf

1

ATTACHMENT 2

BYLAW 14936

BYLAW 14937

FILE:LDA07-0338

GARNEAU

2

14936_Pg2.pdf

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