Report for City Council June 12, 2006 Meeting

Bylaw 14238

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 651

WHEREAS Lots 5 to 7, 12 to 14, Block 64, Plan 842 2077, Lots 1 and 2, Block 62, Plan 842 2077, located east of 127 Street and north of 145 Avenue, Baranow, Edmonton, Alberta, are specified on the Zoning Map as (IB) Industrial Business Zone; and

WHEREAS an application was made to rezone the above described property to (RA7) Low Rise Apartment Zone, (CB1) Low Intensity Business Zone and (US) Urban Services Zone;

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:

The Zoning Map, being Part III to Bylaw 12800 The Edmonton Zoning Bylaw is hereby amended by rezoning the lands legally described as Lots 5 to 7, 12 to 14, Block 64, Plan 842 2077, Lots 1 and 2, Block 62, Plan 842 2077, located east of 127 Street and north of 145 Avenue, Baranow, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (IB) Industrial Business Zone to (RA7) Low Rise Apartment Zone, (CB1) Low Intensity Business Zone, and (US) Urban Services Zone.

READ a first time thisday of , A. D. 2006;

READ a second time thisday of, A. D. 2006;

READ a third time thisday of, A. D. 2006;

SIGNED and PASSED thisday of, A. D. 2006.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

2/2

SCHEDULE “A”

14238_SchA.pdf

BYLAW 14238

FILE: ZB/03-0115

BARANOW

DESCRIPTION:ZONING BYLAW AMENDMENT from (IB) Industrial Business Zone to (RA7) Low Rise Apartment Zone, (CB1) Low Intensity Business Zone, and (US) Urban Services Zone; BARANOW

LOCATION:Located east of 127 Street and north of 145 Avenue

LEGAL

DESCRIPTION:Lots 5, 6, 7, 12, 13, and 14, Block 64, Plan 842 2077

Lots 1-2, Block 62, Plan 842 2077

APPLICANT:Scheffer Andrew Ltd.

c/o David Towle

14505 - 123 Avenue

Edmonton AB T5L 2Y6

OWNERS:True Buddha School (Lots 1-2, Block 62, Plan 842 2077)

Chin Yin Buddhist Society

10853 - 98 Street

Edmonton AB T5H 2P6

723311 Alberta Ltd. (Lots 6, 7, and 12, Block 64, Plan 842 2077)

8851 - 158 Avenue

Edmonton AB T5Z 3E2

758566 Alberta Ltd. (Lots 5 and 14, Block 64, Plan 842 2077)

2150, 10060 Jasper Avenue

Edmonton AB T5J 3R8

Form Developments Ltd. (Lot 13, Block 64, Plan 842 2077)

403, 10045 - 118 Street

Edmonton AB T5K 2K2

BYLAW 14238

FILE: ZB/03-0115

BARANOW

ACCEPTANCE OF

APPLICATION:October 2, 2003

EXISTING

DEVELOPMENT:Chin Yin Buddhist Society religious assembly and school (Lots 1 2, Block 62, Plan 842 2077); other lands are vacant

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw 14238 to amend the Zoning Bylaw from (IB) Industrial Business Zone to (RA7) Low Rise Apartment Zone, (CB1) Low Intensity Business Zone, and (US) Urban Services Zone be given FIRST READING.

BYLAW 14238

FILE: ZB/03-0115

BARANOW

DISCUSSION

1.The Application

This application proposes to amend the Zoning Bylaw from (IB) Industrial Business Zone to (RA7) Low Rise Apartment Zone, (CB1) Low Intensity Business Zone, and (US) Urban Services Zone. Lots 5, 6, 7, 12, and 13, Block 64, Plan 842 2077 are proposed to be rezoned to the RA7 Zone; Lot 14, Block 64, Plan 842 2077 is proposed to be rezoned to the CB1 Zone; and Lots 1-2, Block 62, Plan 842 2077 are proposed to be rezoned to the US Zone.

The RA7 and CB1 Zones are proposed to accommodate new development on vacant parcels in accordance with the Castle Downs Outline Plan (Baranow Area) land use concept. The US Zone is being applied as a more appropriate zoning for the existing religious assembly and school building (True Buddha Chin Yin Temple) on 127 Street.

Recommendation for First Reading Only

A large portion of the Baranow area currently does not have municipal servicing. For development to proceed, significant water, drainage and transportation infrastructure are required. The expense of the required infrastructure is extremely costly for any one landowner to assume. As such, some of the landowners in this area have proposed to the City that the Local Improvement process be implemented.

Typically, owners are required to enter into a Servicing Agreement with the City of Edmonton and in accordance with an approved technical design, install all of the required services with the full capital cost at their expense. As other landowners develop their respective properties within the same benefiting area, each are required to pay their proportionate share of the costs of the existing servicing to reimburse the landowner who paid the capital cost.

While the Local Improvement Bylaw process is not ordinarily used for residential development, Administrative Departments agree that application of this method is warranted in this unique case. Under Provincial Statute, the Local Improvement process allows the City to front the capital costs of the infrastructure, while landowners pay their annual proportionate share of the costs back to the City; in this particular case over a period of 20 years for any surface improvements and 25 years underground services. This method significantly reduces the overall capital cost for each of the landowners who choose to develop in this area, and allows them to amortize these capital costs of servicing their sites over 20 or 25 years.

While the Administration has no concerns with the applications in Baranow from a land use perspective, given the awareness of the servicing problems in this area and the significant capital cost in constructing this system, there are reservations with the overall practicality of servicing these sites without an enforceable servicing solution. Rezoning of this site assigns additional, more intense development rights to the landowners.

BYLAW 14238

FILE: ZB/03-0115

BARANOW

Ensuring that the Local Improvement Bylaw is in place prior to the rezoning of these sites protects the interests of the City, the public and landowners in this area. First Reading of the rezoning Bylaw gives the applicants more assurance in the overall support of their intended land uses, and allows them to proceed with their more detailed design tasks while the remaining details of the Local Improvement Bylaw process are being completed. Leaving the Public Hearing open following the First Reading of this Bylaw allows Council the opportunity to respond to new information once the Local Improvement Bylaw for this area is considered (by Council).

2.Site and Surrounding Area

The existing Chin Yin Buddhist Society religious assembly and school is located on Lots 1-2, Block 62, Plan 842 2077. The rest of the parcels that are subject to the proposed rezoning are vacant. North of the religious assembly are vacant lands designated for future commercial and low density residential uses. To the east of the area are the existing Carlisle and Caernarvon residential neighbourhoods. To the immediate south of the proposed RA7 Zone area is the recently constructed Arabian Muslim Association private school at the northeast corner of 127 Street and 145 Avenue (unserviced). Further to the south, lands are developed with a mix of commercial and residential uses. To the west across 127 Street are the Cumberland and Oxford residential neighbourhoods.

BYLAW 14238

FILE: ZB/03-0115

BARANOW

ANALYSIS

1.Compliance with Approved Plans and Land Use Compatibility

The proposed rezoning conforms to the Castle Downs Outline Plan (Baranow Area) land use concept, which was amended by City Council in October, 2003. The amendment introduced a mix of residential, commercial, open space, institutional, and public utility uses into the Baranow Area, which was previously designated for business industrial uses. The proposed rezoning applies land use zones that are consistent with the amended Plan for the Baranow Area, and will facilitate the development of this largely vacant area.

In terms of land use compatibility, the proposed land use zones are compatible with existing development in the area, and the planned future land uses in the area.

2.Transportation and Utilities

The Transportation Department has no objections to the proposed First Reading of this rezoning Bylaw. Access to the proposed RA7 parcels from 127 Street will not be permitted. Therefore, these parcels must be consolidated prior to development. Access from 127 Street to the proposed CB1 parcel will be restricted to a right-in/right-out access only, and will require the construction of a right turn bay by the owner.

BYLAW 14238

FILE: ZB/03-0115

BARANOW

The Drainage Services Branch of the Asset Management and Public Works Department has no concerns with the proposed First Reading of this rezoning Bylaw.

No other Civic Departments or affected private utility agencies have any outstanding concerns regarding First Reading of the proposed rezoning Bylaw.

The Proposed Baranow Local Improvement Bylaw

The proposed Local Improvement Bylaw process has commenced with the preparation of a Local Improvement Expression of Interest to determine owner support. The Expression of Interest includes costs for roadway upgrades and extension of water, storm and sanitary services required in the Baranow Area in order to allow development to proceed in accordance with the approved Castle Downs Outline Plan (Baranow Area).

Applicants are currently petitioning affected Baranow property owners with the Local Improvement Expression of Interest to gauge their support for use of Local Improvement financing mechanism to extend municipal services to this area. After this petitioning process, the City validates the Local Improvement Expression of Interest to determine if the support indicated is sufficient to proceed. If there is sufficient support to proceed, the City sends Local Improvement Notices to all affected property owners as per the requirements of the Municipal Government Act. At that time, property owners have the opportunity to officially protest the proposed Local Improvement. If sufficient owners protest the local improvement, the bylaw will not proceed. Otherwise, if sufficient owners support the proposed local improvement, the Local Improvement Bylaw itself is prepared along with the required reports for City Council. The target date for a proposed Baranow Local Improvement Bylaw to be before City Council for consideration is late May, 2006.

3.Parkland Services and School Boards

Both the Parkland Services Branch of the Asset Management and Public Works Department and Edmonton Public Schools have expressed no concerns with the proposed rezoning.

4.Environmental Review

Phase I Environmental Site Assessments (ESAs) for the parcels subject to the proposed rezoning have been reviewed and accepted by the Environmental Planning Group of the Planning and Development Department. There are no environmental health concerns related to the proposed rezoning.

5.Surrounding Property Owners’ Concerns

In response to the Advance Notification sent out on April 14, 2004 to 55 surrounding property owners regarding the proposed rezoning, the Planning and Development Department received one telephone call. The caller requested clarification regarding the location of the proposed RA7 Zone site in relation to the private school in this area. In this regard, the Planning and Development Department advised that the site of the private school was to the immediate south of the proposed RA7 Zone site of this application. The notification area captured all properties within 60 metres of the surrounding area and was also sent to the Castle Downs Recreation Society, the Caernarvon Community League and the Cumberland/Oxford Community League.

JUSTIFICATION

The Planning and Development Department recommends that Bylaw 14238 be given FIRST READING on the basis that the proposed rezoning conforms to the Castle Downs Outline Plan (Baranow Area), affected Administrative Departments and utility servicing agencies support the proposed changes from a land use perspective, the resolution of the Local Improvement Bylaw will identify a practical and enforceable servicing solution for this site, the proposed First Reading will allow the applicants to proceed with their detailed design tasks and the proposed rezoning will accommodate growth in the currently undeveloped Baranow area, allowing for the construction and expansion of municipal services into this portion of the City.

ATTACHMENT

2aMaps

Written by: Salima Kheraj

Approved by: Cathy Raftis

Planning and Development Department

February 13, 2006

BYLAW 14238

FILE: ZB/03-0115

BARANOW

ATTACHMENT 2a

14238_Att2a.pdf

BYLAW 14238

FILE: ZB/03-0115

BARANOW

14238_pg2.pdf

BYLAW 14238

FILE: ZB/03-0115

BARANOW

14238_pg3.pdf