Bylaw 15282

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No.1097

WHEREAS Lot 26, Block 56, Plan 1847KS, located at 12801-133 Street NW, Athlone,Edmonton, Alberta, is specified on the Zoning Map as(RF1) Single Detached Residential Zone; and

WHEREAS an application was made to rezone the above described property to(RF4) Semi-detached Residential 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:

1.The Zoning Map, being Part III to Bylaw 12800 The Edmonton Zoning Bylaw is hereby amended by rezoning the lands legally described asLot 26, Block 56, Plan 1847KS, located at 12801-133 Street NW, Athlone, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (RF1) Single Detached Residential Zoneto (RF4) Semi-detached Residential Zone.

READ a first time thisday of , A.D.2009;

READ a second time thisday of, A.D.2009;

READ a third time thisday of, A. D. 2009;

SIGNED and PASSED thisday of, A.D.2009.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

2/2

SCHEDULE “A”

BYLAW NO.

FILE: LDA09-0020

ATHLONE

DESCRIPTION:ZONING BYLAW AMENDMENT from (RF1) Single Detached Residential Zone to (RF4) Semi-detached Residential Zone; ATHLONE

LOCATION:12801-133 Street NW

Edmonton, AB

LEGAL

DESCRIPTION:Lot 26, Block 56, Plan 1847KS

APPLICANT:RajeevTrigunayat

10723-24 Ave

Edmonton, AB

T6J 5P9

OWNER:Anil Chopra and PragatiChopra

10723-24 Avenue

Edmonton, AB

T6J 5P9

ACCEPTANCE OF

APPLICATION:January 22, 2009

EXISTING

DEVELOPMENT:ASingle Detached Residential Dwelling

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw15282 to amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (RF4) Semi-detached Residential Zone be REFUSED.

1

BYLAW NO.

FILE: LDA09-0020

ATHLONE

DISCUSSION

1.The Application

The original application proposed to amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (RF3) Low Density Development Zone to allow for the development of three row housing units. The proposed zone change also does not meet the minimum site requirement of the RF3 zone established in the Edmonton Zoning Bylaw for such a proposal.

On April 15, 2009, the applicant revised the application to amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (RF4) Semi-Detached Residential Zone. The proposed rezoning would facilitate the development of a Semi-detached Dwelling (2 unit total), each with direct access to the adjacent alley to fulfil the requirement proposed by the Residential Infill Guidelines. However, the subject site still does not meet the minimum site area requirement of the RF4 zone.

2.Site and Surrounding Area

The subject site is located on the northeast corner of 128 Avenue and 133 Street, in the Athlone Neighbourhood. The subject site is approximately 580.55 square metres in size, 15.8 metre wide and 37.8 metre deep with a corner cut adjacent to 128 Avenue, and contains a single detached residential dwelling with a detached garage. The garage is accessed from the alley to the east.

The subject site is located in an area within the Athlone Neighbourhood that is predominantly single detached housings and has (RF1) Single Detached Residential Zoning. A lot located on the north end of the same block as the subject site was rezoned from (RF1) Single Detached Residential and (RF4) Semi-detached Residential zone on August 21, 2008 to allow for the development of a Semi-detached Dwelling. Lands to the south are zoned (AJ) Alternative Jurisdiction Zone.

1

BYLAW NO.

FILE: LDA09-0020

ATHLONE

View of existing single detached structure looking southeast from 133 Street.

ANALYSIS

1.Compliance with Approved Plans and Land Use Compatibility

There is no neighbourhood level plan in place for the Athlone Neighbourhood.

The proposed zoning change is in conformance with the Municipal Development Plan objectives to increase densities of land through infill development and reinvesting in mature neighbourhoods.

The Site is located within the area of the Zoning Bylaw Mature Neighbourhood Overlay (MNO) and the Residential Infill Guidelines apply.

The Residential Infill Guidelines (Section E5) propose that Semi-detached Dwellings may be located on any corner site throughout a neighbourhood. The subject site is a corner lot and therefore is a permitted location for semi-detached housing. Semi-detached Dwellings are very similar in scale to a single detached house and are considered a compatible land use to the surrounding land uses.

The subject site measures 15.8 metre by 37.8 metre (except for corner cut) and meets the minimum site width (7.5metre for each semi-detached unit) and site depth requirement (30 metre) of the RF4 zone established in the Edmonton Zoning Bylaw. However, the Zoning Bylaw also requires that a site area of 300 square metres must be provided for each RF4 zoned semi-detached residential unit within the Mature Neighbourhood

1

BYLAW NO.

FILE: LDA09-0020

ATHLONE

Overlay. The subject site is approximately 580 square metres in size (a total of 600 square metre is required for a Semi-detached Dwelling) and therefore is approximately 20 square metres deficient in site area as required by the Edmonton Zoning Bylaw, for the development of a semi-detached dwelling. Accordingly, in light of the site area deficiency, refusal is recommended.

2.Smart Choices Assessment

The proposed rezoning scores well in Smart Choices Initiative for Residential Infill. The proposed zone change will result in re-investment in a mature neighbourhood, increase the choice of housing types in the neighbourhood and increase the number of housing units in a mature neighbourhood.

3.Transportation and Utilities

The Transportation Department does not object the proposed zoning change and expressed no concern.

The Parks Planning Branch of Asset Management and Public Works Department and the Development Compliance Branch of Planning and Development Department reviewed the application and do not support the proposed zone change because the site does not meet the RF4 minimum site area requirement for a Semi-detached Dwelling.

No other civic department or utility agencies has expressed concerns regarding the proposed rezoning.

4.Surrounding Property Owners’ Concerns

A notification for the original application, rezoning from (RF1) Single Detached Residential to (RF3) Low Density Development Zone to allow for three row housing units on the site was sent to the property owners and the Athlone Community League and the Edmonton Area Council One Society Area Council on March 2, 2009. In response to the notification, the Planning and Development Department received two phone calls and one email. All correspondents objected to the proposed zone change. A summary of the concerns express are listed below:

1.Traffic issues – correspondents have expressed that it is already very difficult to get in or out onto arterial roads. Adding more dwellings to the area will worsen the traffic congestion issue. Also, there has been no improvement to local traffic conditions. Deteriorated roads have not been attended to.

2.Loss of Character – the area is predominantly developed as single detached residential uses. The houses are built in original Edmonton Architecture style. The City should preserve the character of the area.

1

BYLAW NO.

FILE: LDA09-0020

ATHLONE

A second notification for the revised application, RF1 to RF4, was sent to the same recipients on May 14, 2009. One email and one phone call were received, and both respondents objected the proposed rezoning. Concerns expressed by the two respondents are similar to the responses received from the first notification.

JUSTIFICATION

The Planning and Development Department recommends that Bylaw 15282be REFUSED on the basis that although the site does meet the minimum Site width and depth, it does not meet the minimum site area for the development of a Semi-detached Dwelling, as prescribed in the (RF4) Semi-detached Residential Zone within the Mature Neighbourhood Overlay (MNO) as prescribed in the Zoning Bylaw.

ATTACHMENT

2aMaps

Written by: CarmanYeung

Approved by: WillardHughes

Planning and Development Department

August 24, 2009

1

BYLAW NO.

FILE: LDA09-0020

ATHLONE

ATTACHMENT 2a

15282_Att2a.pdf

1

BYLAW NO.

FILE: LDA09-0020

ATHLONE

2

15282_Pg2.pdf

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