Bylaw 14091

Closure of a portion of road right-of-way, located north of 111 Avenue

and east of 122 Street, Inglewood

______

WHEREAS the Municipal Council of the City of Edmonton may pass a Bylaw for the purpose of closing any road provided that the bylaw is advertised and any person who claims to be affected prejudicially by the bylaw, or their agent, has been given an opportunity of being heard by City Council in relation to the proposed Bylaw; and

WHEREAS City Council has considered the proposed closing and has agreed that it is in the public interest to pass this Bylaw;

NOW THEREFORE the Municipal Council of the City of Edmonton, duly assembled, enacts as follows:

1.All that portion of road, generally as shown on Schedule "A" described as follows:

Plan 4439HW

All that portion of road contained within the limits of Lot ____, Block ____,

Plan 052______, to be surveyed by ______, A.L.S.

EXCEPTING THEREOUT ALL MINES AND MINERALS

(S.W. 7-53-24-4)

IS HEREBY CLOSED.

2/3

2.When title or titles are created for the former portion of road as described in Section 1 of this Bylaw, it is understood and agreed that such title or titles for the former portion of road may be issued excepting Mines and Minerals, the City however, reserving the right to the said Mines and Minerals if in fact the City is the owner thereof.

READ a first time thisday of , A.D. 2005;

READ a second time thisday of, A.D. 2005;

READ a third time thisday of, A.D. 2005;

SIGNED and PASSED thisday of, A.D. 2005.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

3/3

SCHEDULE “A”

BYLAW NO.

FILE: LC/04-0007

HOLLICK-KENYON

DESCRIPTION:PROPOSED CLOSURE of a portion of undeveloped road right-of-way located north of 111 Avenue and east of 122 Street; INGLEWOOD

LOCATION:North of 111 Avenue and east of 122 Street

APPLICANT:EdDeprato

11058 – 51 Avenue

Edmonton, AB

T6H 0L4

OWNER:City of Edmonton

ACCEPTANCE OF

APPLICATION:November 18, 2004

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw14091 to close a portion of road right-of-way north of 111 Avenue and east of 122 Street, be APPROVED.

1

BYLAW 14091

FILE: LC/04-0035

INGLEWOOD

DISCUSSION

1.The Application

This application proposes to close a portion of undeveloped road right-of-way located north of 111 Avenue and east of 122 Street within the Inglewood neighbourhood. Once closed, it is the applicant’s intent to consolidate the closure area with the adjacent parcel legally described as Lot 1, Block 1, Plan 4439 HW, which is zoned (RA7) Low Rise Apartment Zone. This RA7 site is 610.9 m2 in size and 16.6 m in width and does not currently meet the minimum site requirements of the RA7 Zone.

2.Site and Surrounding Area

The subject portion of road right-of-way is currently a landscaped open space and has never been developed as a road. The existing 111 Avenue is located to the south. A RA7 zoned parcel (legally described as Lot 1, Block 1, Plan 4439 HW) is located immediately to the north. The lands to the north of this RA7 lot are zoned (RF3) Low Density Development Zone and predominantly developed for single detached residential uses. The lands to the east are zoned (AP) Public Parks and developed for passive recreation uses for the community. The parcels to the west of 122 Street and south of 111 Avenue are currently zoned RA7, which allows for the development of low rise apartments and other compatible uses permitted in the RA7 Zone.

ANALYSIS

1.Transportation and Utilities

The Transportation and Streets Department has expressed no objection to the proposed road closure subject to the condition that the closure area be consolidated by plan with the adjacent titled property. All cost associated with the closure, including survey and registration costs, will be the applicant’s responsibility. The Department also advises that any proposed changes to existing accesses will require further review and approval by the Transportation and Streets Department.

The Community Services Department and the Emergency Response Department have expressed no objections to the proposed closure.

The Drainage Services Branch of the Asset Management and Public Works Department has expressed no objection to the proposed road closure, but advises that prior to any sale or consolidation of the area, appropriate easements and restrictive covenants must be registered to protect existing storm sewer infrastructure within the closure area and to provide notice on title and requirements with respect to the disturbance of the area consequent to the previous sewer construction.

1

BYLAW 14091

FILE: LC/04-0035

INGLEWOOD

A 300mm storm sewer and a catch basin manhole exist within and through the proposed road closure area. Elimination of the requirement for interception of the storm drainage is likely not feasible, the applicant is advised to address the requirement through construction of new sewers and connections and/or alteration of surface grading and drainage provisions. Any costs associated with adjustment or revision of the sewer infrastructure and/or area surface grading and drainage would be the responsibility of the purchaser or developer of the closure area.

ATCO Gas and TELUS Communication have expressed no objectionsto the proposed road closure, but advise that there are existing facilities within the closure area and all costs associated with any necessary relocation or alteration to these facilities will be borne by the purchaser or developer of the closure area.

EPCOR Distribution Engineering, EPCOR Water and ShawCable have expressed no objections to the proposed closures.

2.Disposition

Once closed, the closure areas will be consolidated with the adjacent parcel, legally described as Lot 1, Block 1, Plan 4439 HW, with (RA7) Low Rise Apartment zoning. The consolidation of the closure area and the adjacent parcel will create a lot that will be 976.2 m2in size and 26.1 m in width, which meet the minimum site requirements of a RA7 zoned lot and will allow for the development of the low rise apartment or other compatible uses permitted in a RA7 Zone. The Land and Buildings Branch of the Asset Management and Public Works Department reported that a sales agreement has been completed on June 22, 2005.

3.Surrounding Property Owners’ Concerns

Advanced notification of this application was sent to 33surrounding property owners and the Inglewood and Westmount Community Leagues on June 8, 2005. In response to this notification, the Planning and Development Department received one phone call from a resident asking for clarification regarding the application. The resident expressed no opposition to the proposed road closure.

1

BYLAW 14091

FILE: LC/04-0035

INGLEWOOD

JUSTIFICATION

The Planning and Development Department recommends that Bylaw14091 be APPROVED as the proposed closure area is not required for roadway purposes, and the consolidation resulting from this closure will allow the creation of a RA7 zoned lot that complies with the site requirements of the City of Edmonton Zoning Bylaw and is suitable for its intended uses.

ATTACHMENT

2aMaps

Written by: JackieTse

Approved by: BrianKropf

Planning and Development Department

August 8, 2005

1

BYLAW 14091

FILE: LC/04-0035

INGLEWOOD

ATTACHMENT 2a

14091_Att2a.pdf

1

BYLAW 14091

FILE: LC/04-0035

INGLEWOOD

2

14091_pg2.pdf

1