APPROVED

As to Form ______

CITY SOLICITOR

Bylaw 13727

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 426

WHEREAS Lots 1 to 4 and Lots 6 to 8, Block 25, Plan D, located west of 95 Street and north of 107A Avenue, McCauley, Edmonton, Alberta, are specified on the Zoning Map as (CNC) Neighbourhood Convenience Commercial Zone; and

WHEREAS an application was made to rezone the above described property to (DC2) Site Specific Development Control Provision;

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 Lots 1 to 4 and Lots 6 to 8, Block 25, Plan D, located west of 95 Street and north of 107A Avenue, McCauley, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (CNC) Neighbourhood Convenience Commercial Zone to (DC2) Site Specific Development Control Provision.
  1. The uses and regulations of the aforementioned DC2 Provision are annexed hereto as Schedule "B".

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  1. The sketch plan annexed hereto as Schedule “A” and the uses and regulations of the DC2 Provision shown on Schedule “B” annexed hereto are hereby incorporated into the Zoning Bylaw, being Part IV to Bylaw 12800, The Edmonton Zoning Bylaw.

READ a first time thisday of , A. D. 2004;

READ a second time thisday of, A. D. 2004;

READ a third time thisday of, A. D. 2004;

SIGNED and PASSED thisday of, A. D. 2004.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

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SCHEDULE “A”

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SCHEDULE “B”

DC2 SITE SPECIFIC DEVELOPMENT CONTROL PROVISION

1.General Purpose

To accommodate a mixed use commercial/residential development that will ensure compatibility with adjacent land uses and achieve a pedestrian friendly environment.

2.Area of Application

Lots 1, 2, 3, 4, 6, 7, and 8 of Block 25, Plan D, located west of 95 Street and north of 107A Avenue, McCauley, as shown on Schedule “A” of this Bylaw.

  1. Uses

(a)Apartment Housing

(b)Child Care Services

(c)Commercial Schools

(d)Convenience Retail Stores

(e)General Retail Stores

(f)Health Services

(g)Minor Amusement Establishments

(h)Minor Secondhand Stores with a floor area less than 275 m2

(i)Personal Service Shops

(j)Professional, Financial and Office Support Services

(k)Public Libraries and Cultural Exhibits

(l)Restaurants, for less than 100 occupants and 120 m2 of Public Space

(m)Specialty Food Services, for less than 100 occupants and 120 m2 of Public Space

(n)Veterinary Services

(o)Projecting On-premises Signs

(p)Fascia On-premises Signs

4.Development Regulations

(a)All development shall comply with the site plan as shown on Appendix I.

(b)All development shall meet the principles provided on the elevation plan as shown on Appendix II.

(c)The total number of Dwellings shall not exceed 78.

(d)Commercial Uses and non-residential Uses shall only be permitted on the first Storey.

(e)Apartment Housing shall only be allowed above the first Storey.

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(f)Notwithstanding (d) above, Amenity Area for Apartment Housing may occupy up to 30% of the first Storey.

(g)The maximum Floor Area Ratio shall be 3.0.

(h)The maximum building Height shall not exceed 18.0m nor five Storeys.

(i)Apartment Housing shall have access at grade, which is separate from the access for commercial premises.

(j)The minimum Front Yard adjacent to 95 Street shall be 1.5m.

(k)The minimum Side Yard adjacent to 107A Avenue shall be 1.5m.

(l)The Setback for building faces of the fifth Storey shall be as follows: 4.0m from 95 Street and 4.5m from 107A Avenue.

(m)The maximum Public Space associated with any combination of Restaurant Use and Specialty Food Service Use shall be for less than 200 occupants and 240 m2 of Public Space.

(n)A detailed landscape plan for the entire project shall be provided for the approval of the Development Officer as part of the submission of a Development Permit. The plan shall include details of hard surfacing, including material, colour and pattern within the required building Setbacks and adjacent City sidewalks. Boulevard tree planting with tree grates shall also be provided on adjacent City right-of-way to the satisfaction of the Development Officer, in consultation with the Community Services Department and Transportation and Streets Department. There shall be a minimum of 1.0m wide landscaped yard and hedge planting in front of the at-grade vehicular parking where the site abuts 107A Avenue and 108 Avenue. Landscape materials shall be suitable to the local climate.

(o)Parking shall be in accordance with the following:

(i)The minimum number of vehicular parking spaces provided shall be 74 of which eight can be tandem parking. A minimum of 11 vehicular parking spaces shall be for visitor parking for the Apartment Housing.

(ii)With any application for Restaurants or Specialty Food Services, the applicant shall submit a vehicle parking demand study and the Development Officer, in consultation with the Transportation and Streets Department, shall determine the appropriate number of parking spaces based on that study.

(p)Vehicular access and egress shall be restricted to the Lane on the west side of the Site as illustrated in Appendix I.

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(q)Loading, storage and trash collection areas shall be located to the rear of the building adjacent to the Lane as illustrated in Appendix I and shall be screened from view from adjacent Sites and public roadways.

(r)A minimum of 5.0 m2 of Amenity Area per Dwelling shall be provided. If a fifth Storey is constructed, a minimum of 7.0 m2 of Amenity Area per Dwelling shall be provided for the entire development.

(s)Development in this Provision shall be in accordance with the following architectural guidelines, to the satisfaction of the Development Officer:

(i)Design techniques including, but not limited to, variations in building Setbacks and articulation of building facades shall be employed in order to minimize the perception of massing of the buildings when viewed from the adjacent residential areas to the west and from public roadways. The buildings shall be compatible in terms of colour and materials with the adjacent building on Lot 5, Block 25, Plan D.

(ii)The architectural treatment of the lower two Storeys must create an attractive pedestrian friendly street environment. Construction shall use brick for the first Storey façade and a variety of quality building materials above the first Storey. Building colours must provide visual interest. The first Storey shall incorporate a combination of display windows, individual tenancy unit designs and shop doors that front onto 95 Street. Reflective glass windows are not permitted. Elements that provide weather protection or create architectural interest such as recessed entries, awnings, entry canopies, quality street furnishings and public art are encouraged. Where awnings are used, they shall provide weather protection for pedestrians with a minimum projection of 1.5m and not exceeding 2.0m from the building. The incorporation of balconettes for residential units is desirable. Windowsills in the first Storey shall be between 45 cm and 75 cm above the level of the sidewalk to allow for a bulkhead panel.

(iii)All mechanical equipment, including roof mechanical units, shall be concealed by screening in a manner compatible with the architectural character of the building or concealed by incorporating it within the building. Security devices for windows and doors must be innocuous.

(t)Signs shall comply with Schedule 59D. A Comprehensive Sign Design Plan in accordance with Section 59.3 of the Zoning Bylaw showing the Signs and the complete façade of the building on which the Signs shall be located shall be prepared for the development and submitted with the Development or Sign Permit application to be approved by the Development Officer. Backlit signage is not permitted.

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13 727_pg7.pdf

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13727_pg8.pdf

BYL AW 13726

ARP/04-0003BYLAW13727

FILE:ZB/04-0012

McCAULEY

DESCRIPTION:AMENDMENT TO THE Boyle Street/McCauley Area Redevelopment Plan; McCAULEY

ZONING BYLAW AMENDMENT from (CNC) Neighbourhood Convenience Commercial to (DC2) Site Specific Development Control Provision

LOCATION:West of 95 Street and north of 107A Avenue

LEGAL

DESCRIPTION:Lots 1-4, Block 25, Plan D

Lots 6-8, Block 25, Plan D

APPLICANT:Stantec Consulting Ltd.

c/o Patrick Barker

#700, 10160 - 112 Street

Edmonton AB T5J 2L6

OWNER:Tony Pino

10770 - 95 Street

Edmonton AB T5H 2C9

ACCEPTANCE OF

APPLICATION:February 11, 2004

EXISTING

DEVELOPMENT:Single detached housing, apartment housing, commercial development and vacant land

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION’S:That Bylaw 13726 to amend the Boyle Street/McCauley Area Redevelopment Plan be APPROVED.

That Bylaw13727 to amend the Zoning Bylaw from (CNC) Neighbourhood Convenience Commercial to (DC2) Site Specific Development Control Provision be APPROVED.

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BYL AW 13726

ARP/04-0003BYLAW13727

FILE:ZB/04-0012

McCAULEY

DISCUSSION

1.The Application

This report discusses two related bylaws:

a)Bylaw 13726 would amend the Boyle Street/McCauley Area Redevelopment Plan by

changing the function and form of development in the Italian Village precinct from low scale low rise structures primarily for local convenience shopping, to more intensive medium rise development in mixed commercial and residential projects with an emphasis on housing and an improved pedestrian environment. The concept calls for continuous building facades permitting up to five storeys of development with commercial on the main floor level.

b)Bylaw 13727 would amend the Zoning Bylaw from (CNC) Neighbourhood Convenience Commercial as modified by the Pedestrian Commercial Shopping Street Overlay, to (DC2) Site Specific Development Control Provision. The amendment would permit two mixed commercial and residential buildings of up to five storeys. Commercial uses would occupy the main floor area with housing above. A maximum of 78 apartment units could be developed within the two buildings.

Because the original proposal was submitted as a DC1 (Direct Development Control) Provision, pre-application consultation was not required. Following a thorough analysis including public notification and an information meeting for affected parties, it was determined that was not the appropriate form of regulation and it was converted to a DC2 Provision. Planning and Development’s opinion is that the notification and meeting conducted by the City satisfied the intent of pre-application consultation.

2.Site and Surrounding Area

The site is located in the Italian Village on the west side of 95 Street between 107A Avenue and 108 Avenue. To the north of the site is commercial development zoned (CNC) Neighbourhood Convenience Commercial. To the west of the northern part of the site is a three dwelling residential building zoned (RA7) Low Rise Apartment. To the west of the southern part of the site is a single detached dwelling zoned (RA7) Low Rise Apartment that is owned by the applicant. To the south of the site is commercial development zoned (CNC) Neighbourhood Convenience Commercial. To the east of the site are three vacant lots, three single detached dwellings and two commercial uses all zoned (CNC) Neighbourhood Convenience Commercial. A three storey residential building zoned (CNC) Neighbourhood Convenience Commercial will remain between the proposed two buildings.

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BYL AW 13726

ARP/04-0003BYLAW13727

FILE:ZB/04-0012

McCAULEY

Looking southwest down 95 Street from the corner of 108 Avenue and 95 Street.

Looking northwest up 95 Street from the corner of 107A Avenue and 95 Street.

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BYL AW 13726

ARP/04-0003BYLAW13727

FILE:ZB/04-0012

McCAULEY

ANALYSIS

1.Compliance with Approved Plans and Land Use Compatibility

The subject property falls within the Boyle Street McCauley Area Redevelopment Plan. Two of the Plan’s key housing goals are:

1.4.A.2. “To achieve significant new housing construction in the community,” and

1.4.A.3. “To develop a residential community which accommodates a broad mix of population and housing.”

The proposed development helps achieve both of these goals by adding more housing to the site than would be permitted under the existing Neighbourhood Convenience Commercial zoning. The applicant has advised the Planning and Development Department that the housing to be built will be developed under the Affordable Housing Program Partnership Initiative.

Under Housing, in Section 2.3 of the Plan, Objective 2 states:

“To encourage private sector development of new, affordable housing.”

Initiative 7, under Objective 2, also states:

“The City, where feasible, will facilitate the creation of residential development opportunities on private land.”

The proposed development helps achieve Objective 2 and Initiative 7 by developing new private sector housing units on private land.

The proposed five storey mixed commercial-residential development will be compatible with the form of development allowed on adjacent sites in the area which are zoned (CNC) Neighbourhood Convenience Commercial and (RA7) Low Rise Apartment.

2.Transportation and Utilities

The Transportation and Streets Department approved a reduction in the parking requirements following a review of a parking study provided with the application. All other affected City Departments and private utility agencies have no objections to the application.

Phase I and II Environmental Assessments were submitted by the applicant and reviewed by the Environmental Planning Group of the Planning and Development Department and the other environmental agencies. There are no outstanding concerns and the site is suitable for the full range of listed Uses from an environmental perspective.

3.Surrounding Property Owners’ Concerns

The Planning and Development Department’s March 31, 2004, public meeting was attended by 44 residents. The general consensus at the meeting was the proposed development would be appropriate for the area and the Plan amendment and rezoning applications should be supported. Seventeen questionnaires were filled out after the meeting and all supported the proposed development. One person at the public meeting had a concern that the amenity area required in the DC2 regulations for apartment dwellings would only require 3.0 m2 of amenity area per dwelling as opposed to 7.5 m2 that is required in conventional zones. The applicant has addressed this by increasing the requirement in the DC2 regulations for apartment dwellings from 3.0 m2 to 5.0 m2 of amenity area per dwelling. He has also agreed that if a fifth floor is constructed, the regulations would be increased to 7.0 m2 of amenity area per dwelling for all dwellings in the development.

In response to the Planning and Development Department’s letter of advance notice, there was one e-mail received. The e-mail was from a resident who has lived in the community near the proposed development for the last 47 years. This gentleman attended the March 31 public meeting and expressed support for the application in his e-mail.

JUSTIFICATION

The Planning and Development Department recommends that Bylaw 13726 to amend the Boyle Street/McCauley Area Redevelopment Plan and Bylaw 13727 to amend the Zoning Bylawbe APPROVED on the basis the proposed policy allows the opportunity for suitable forms of urban intensification through mixed commercial-residential redevelopment that will be compatible with future surrounding uses. The proposed development helps achieve two key Plan goals by adding new housing units to the community and providing new private sector housing units on private land. The proposed development will also help revitalize this inner city area by adding new commercial space and housing.

ATTACHMENT

2aMaps

Written by: Ken Zahara

Approved by: Brian Kropf

Planning and Development Department

April 13, 2004

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BYL AW 13726

ARP/04-0003BYLAW13727

FILE:ZB/04-0012

McCAULEY

ATTACHMENT 2a

13727_Att2a.pdf

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BYL AW 13726

ARP/04-0003BYLAW13727

FILE:ZB/04-0012

McCAULEY

2

13727_pg2.pdf

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