Bylaw 13296
A Bylaw to amend Bylaw 8730, as amended, being the Meadows Area Structure Plan
through an amendment to the Silver Berry Neighbourhood Structure Plan
WHEREAS pursuant to the authority granted to it by the Planning Act, on December 8, 1987, the
Municipal Council of the City of Edmonton passed Bylaw 8730, as amended, being the Meadows Area
Structure Plan; and
WHEREAS City Council found it desirable to amend from time to time Bylaw 8730, as amended,
the Meadows Area Structure Plan by adding new neighbourhoods; and
WHEREAS on December 14, 1994 Council adopted, as Appendix “C” to Bylaw 8730, as
amended, the Silver Berry Neighbourhood Structure Plan by the passage of Bylaw 10818, as amended;
and
WHEREAS Council found it desirable from time to time to amend the Silver Berry
Neighbourhood Structure Plan through the passage of Bylaw 12254, 12524 and 13167; and
WHEREAS an application was received by the Planning and Development Department to amend
the Silver Berry Neighbourhood Structure Plan; and
WHEREAS Council considers it desirable to amend the Meadows Area Structure Plan through an
amendment to the Silver Berry Neighbourhood Structure Plan;
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. Appendix “C” to Bylaw 8730, as amended, is hereby further amended as follows:
2/18
a) deleting the Map entitled “Bylaw 13167 – Silver Berry Neighbourhood Structure Plan” and
substituting therefor the Map entitled “Bylaw 13296 – Amendment to the Silver Berry
Neighbourhood Structure Plan”, attached hereto as Schedule “A” and forming part of this
Bylaw; and
b) deleting therefrom the statistics entitled “Silver Berry Neighbourhood Structure Plan Land Use
and Student Generation Statistics – Bylaw 13167” and substituting therefor new statistics
entitled “The Silver Berry Neighbourhood Structure Plan – Land Use and Student Generation
Statistics – Bylaw 13296” annexed hereto as Schedule “B” and forming part of this Bylaw; and
c) adding to the Consultant’s Report, which forms part of the Silver Berry Neighbourhood
Structure Plan, the report entitled “Amendment to the Silver Berry Neighbourhood Structure
Plan” attached hereto as Schedule “C”, and forming part of this Bylaw; and
d) adding to the Planning and Development Department’s report, which forms part of “The Silver
Berry Neighbourhood Structure Plan”, the report dated February 10, 2002, attached hereto as
Schedule “D” and forming part of this Bylaw.
READ a first time this day of , A.D. 2003;
READ a second time this day of , A.D. 2003;
READ a third time this day of , A.D. 2003;
SIGNED and PASSED this day of , A.D. 2003.
THE CITY OF EDMONTON
_______________________________________
MAYOR
_______________________________________
CITY CLERK
3/18
SCHEDULE “A”
13296_SchA.pdf
4/18
SCHEDULE “B”
SILVER BERRY NEIGHBOURHOOD STRUCTURE PLAN
LAND USE AND POPULATION STATISTICS
BYLAW 13296
LAND USE Area (ha) % of GDA
Gross Area 205.00
Power / Pipeline and Utility Corridor 15.28
Environmental Reserve 7.58
23 Avenue Road Widening 0.06
Cemetery 1.60
Gross Developable Area 180.48 100.00
Circulation (@ 22% of GDA) 39.71 2 22.00
School / Park Sites 9.49 5.26
District Campus Site 26.20 14.52
Shopping Center Commercial 6.50 3.60
Neighbourhood Commercial 2.17 1.20
Stormwater Management Facility 10.32 5.72
Total Non-Residential Area 94.39 52.30
Net Residential Area 86.09 74.70
RESIDENTIAL LAND USE, DWELLING UNIT COUNT AND POPULATION
Land Use Area (ha) Units % of Total Population
DUs
Low Density Residential 77.28 1313 75.0 4542
Medium Density Residential 8.81 440 25.0 1144
Total 86.09 1753 100.00 5686
Gross Density: 31.46 persons per gross developable hectare
STUDENT GENERATION*
Elementary (K-6) Junior High (7-9) Senior High (10- Total
12)
Total 857 323 300 1480
Public 600 226 210 1036
Separate 257 97 90 444
*Calculation of Student Population:
K-6 57.9% 7-9 21.8% 10-12 20.3%
70% students in public system 30% students in separate system
5/18
SCHEDULE “C”
Amendment to the Silver Berry Neighbourhood Structure Plan
Bylaw 13296
February 2003
1/3
6/18
1.0 Introduction and Background
This document was prepared on behalf of Exquious Asset Management Inc. by Wes Candler of
LUP Consultants. The document describes an amendment to the Silver Berry Neighbourhood
Structure Plan undertaken through Bylaw 13296. The lands affected by this amendment are
located in the northwest portion of the Silver Berry Neighborhood at the southeast corner of the
intersection of Silver Berry Road and 34 Street.
The Meadows Area Structure Plan (ASP) – Bylaw 8730 was adopted by City Council on
December 8, 1987. The ASP established the general use and servicing requirements for seven (7)
residential neighbourhoods and one industrial neighbourhood lying east of 34 Street and south of
Whitemud Drive. Silver Berry is identified as Neighbourhood 3 in The Meadows ASP.
The Silver Berry Neighbourhood Structure Plan (NSP) Bylaw 10818 was adopted on December
14, 1994.
On March 21, 2000 Council approved Bylaw 12254 which amended the Silver Berry NSP by
relocating a local school/park site and reconfiguring a storm water management facility.
Collector roads and adjacent land uses were also modified to reflect the changes.
The Silver Berry Neighbourhood Structure Plan (NSP) was again amended in March 14, 2001
when Council approved Bylaw 12524. The modifications to the neighbourhood included:
moving the northerly neighbourhood boundary to follow the alignment of Mill Creek (thereby
reducing the plan area by approximately 50 hectares), shifting 17th Street west to coincide with
existing government road allowances, and relocating the district campus in its entirety within
Silver Berry.
On September 10, 2002 Council approved Bylaw 13167, which re-designated a 1.93 ha site in
the north central portion of the community from low-density residential to medium-density
residential.
2.0 Description of Amendment
Bylaw 13296 changed the land use designation in the Silver Berry NSP for the above noted site
from “Medium Density Residential” to “Commercial”. Bylaw 13296 was accompanied by
Bylaw 13297, which applied the CNC Zone to the same site. Together the two bylaws provide
an opportunity to develop neighbourhood convenience commercial uses on the site.
2/3
7/18
3.0 Rationale for Amendment
The subject site is ideally suited to accommodate neighbourhood convenience commercial uses
for the following reasons:
the site is conveniently situated at a major intersection and a key entrance to the
neighbourhood;
the site is highly visible and easily accessible by the travelling public; and
the site is well separated from surrounding uses by a pipeline right-of-way, a stormwater
management facility and roadways.
Neighbourhood convenience commercial development at this site is also appropriate to meet
market demand in this area. A second commercial site located further south on 34 Street is
owned by Imperial Oil Limited and sized to accommodate a gas bar, convenience store and
perhaps a car wash. Clearly, this second commercial site will not accommodate a full range of
neighbourhood convenience commercial development. However, the two commercial sites are
expected to compliment one another.
A larger district level commercial site is located at the opposite side of the neighbourhood. This
larger site is not convenient to residents in the western half of the Silver Berry or to the public
travelling along Silver Berry Road or 34 Street.
4.0 Amendment Impact
Bylaw 13296 reduced the number of potential medium density residential dwelling units in the
neighbourhood from 1,811 to 1,753. This resulted in a corresponding adjustment to the ratio of
low versus medium density dwelling units. The dwelling type ratio for Silver Berry prior to
Bylaw 13296 was 72.5% (low) vs. 26.5 % (medium). The new ratio is 75% (low) vs. 25%
(medium).
5.0 Compliance with City of Edmonton Policies
Plan Edmonton promotes the creation of livable communities by providing for choices regarding
the types of developments in which people want to live and do business. The amendment
provides greater choice in commercial services to the residents of Silver Berry and the travelling
public.
Bylaw 13296 conforms to the intent and policies contained in the Meadows Area Structure Plan,
which provides that at least one neighborhood commercial convenience site will be located in
each neighborhood, with the size and locations being established in the Neighborhood Structure
Plans for the respective neighborhoods.
6.0 Summary
The site location and market characteristics of the future commercial sites in Silver Berry fulfill
different purposes and provide different levels of service to the community. Commercial
development at 34 Street and Silver Berry Road will meet market demand for neighbourhood
commercial and personal service uses at a convenient location in the community with no adverse
land use impacts.
3/3
8/18 SCHEDULE “D”
BYLAW 13296
FILE: NSP/02-0016
BYLAW 13297
FILE: ZB/02-0148
SILVER BERRY
DESCRIPTION: AMENDMENT TO THE SILVER BERRY NEIGHBOURHOOD
STRUCTURE PLAN
ZONING BYLAW AMENDMENT from (AG) Agricultural Zone
to (CNC) Neighbourhood Convenience Commercial Zone;
SILVER BERRY
LOCATION: Located in the southeast corner of 34 Street and Silver Berry Road
LEGAL
DESCRIPTION: Portion of NW 6-52-23-4 and Plan 4704RS Lot A
APPLICANT: Wes Candler
5418 – 97 Street
Edmonton AB T6E 5C1
OWNER: Lehndorff Land General Partner Inc.
1005, 10104 – 103 Avenue
Edmonton AB T5J 0H8
ACCEPTANCE OF
APPLICATION: December 6, 2002
EXISTING
DEVELOPMENT: Undeveloped
_______________________________________________________
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION: That Bylaw 13296 to amend the Silver Berry Neighbourhood
Structure Plan be APPROVED.
That Bylaw 13297 to amend the Zoning Bylaw from (AG)
Agricultural Zone to (CNC) Neighbourhood Convenience
Commercial Zone be APPROVED.
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BYLAW 13296
FILE: NSP/02-0016
BYLAW 13297
FILE: ZB/02-0148
SILVER BERRY
DISCUSSION
1. The Applications
This report contains two applications:
The first application (NSP/02-0016) proposes to amend the Silver Berry Neighbourhood
Structure Plan (NSP) by re-designating 1.44 ha of land in the northwest portion of the
neighbourhood from Medium Residential to Commercial. The site is located in the
southeast corner of 34 Street and Silver Berry Road.
The second application (ZB/02-0148) proposes to rezone the same site from (AG)
Agricultural Zone to (CNC) Neighbourhood Convenience Commercial Zone.
The applicant believes this site is ideally suited to convenience commercial use and is
necessary to meet the commercial needs of this area.
2. Site and Surrounding Area
The subject site is undeveloped. To the north of the site is an existing cemetery on land
zoned (AG) Agricultural. To the east of the site is a pipeline right-of-way in a northeast
to southwest orientation on land zoned (PU) Public Utility. Further east are undeveloped
lands zoned (RSL) Residential Small Lot, for which a subdivision was recently approved.
To the south of the site is a storm water management facility on land zoned (PU) Public
Utility. West of the site is residential development on land zoned (RF1) Single Detached
Residential Zone, (RF4) Semi-detatched Residential Zone, and (RA7) Low Rise
Apartment Zone within the Bisset Neighbourhood.
2
10/18
BYLAW 13296
FILE: NSP/02-0016
BYLAW 13297
FILE: ZB/02-0148
SILVER BERRY
View of site looking southeast at Silver Berry Road.
ANALYSIS
1. Compliance with Approved Plans
The applications conform to the Municipal Development Plan, which designates the area
as Suburban. The proposed changes conform to the following Plan Edmonton Strategies:
1.1.1 “Provide for choices regarding the types of developments in which people
want to live and do business.”
1.1.2 “Address compatibility of land use in the development and review of land
use plans and development proposals.”
1.7.3 “Encourage flexibility in creating attractive and functional residential
neighbourhoods and business areas.”
3
11/18
BYLAW 13296
FILE: NSP/02-0016
BYLAW 13297
FILE: ZB/02-0148
SILVER BERRY
The applications conform to the intent and policies contained in the Meadows ASP,
which establishes that a minimum of one neighbourhood commercial convenience site
will be located in each neighbourhood, with the size and locations being established in
the Neighbourhood Structure Plans for the respective neighbourhoods.
The proposed rezoning application conforms with the proposed amendment to the Silver
Berry NSP.
City Council’s Guidelines for Housing Mix Proportions in New Residential
Developments specify that medium density be between 15% - 35% and low density be
between 65% - 85% of dwelling units in suburban neighbourhoods. This proposal will
result in a housing mix of 25% medium density to 75% low density in the Silver Berry
Neighbourhood.
2. Land Use Compatibility
The site is separated from residential development by an arterial roadway, a storm water
management pond, and a pipeline right-of-way, to be developed as a pedestrian corridor.
The site is more oriented in exposure to Silver Berry Road and 34th Street. This
separation from adjacent residential land uses and site orientation make this site well
suited for commercial development.
South of the site is a smaller commercial site designated in the plan and zoned DC2. This
site has been purchased by Imperial Oil and it is understood that it will be developed with
a gas bar, car wash and limited convenience store. When the subject site is developed, it
is anticipated that the services offered on the two sites will be different, and
complementary.
As a result of this proposed amendment there will be a decrease of 58 residential units
and the population will decrease from 5799 to 5686, or by 113 people. There will also be
a projected decrease of 29 students in the neighbourhood. This change in population is
not considered to have an adverse affect to the Silver Berry Neighbourhood.
3. Transportation and Utilities
No civic departments or private utility agencies have any objections regarding this
application. The Transportation and Streets Department advises that the site will be
permitted the following vehicular access:
all directional on Silver Berry Road east of 34 Street; and
right-in / right-out access on 34 Street.
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12/18
BYLAW 13296
FILE: NSP/02-0016
BYLAW 13297
FILE: ZB/02-0148
SILVER BERRY
4. Surrounding Property Owners’ Concerns
The Planning and Development Department distributed 373 notices of the application to
surrounding residents on December 19, 2002. There were seven contacts received from
that notification. Five callers expressed concerns relating to traffic volumes and
movements at the intersection of Silver Berry Road and 34 Street. Two callers expressed
support for the applications.
The Planning and Development Department held a public meeting on January 15, 2003
where 15 residents attended. Limited concerns were raised during this meeting regarding
access to the site from 34th Street and Silver Berry Road. The Planning and Development
Department addressed these concerns by outlining planned improvements to 34th Street
and 34th Avenue, which would improve traffic flow and provide for safer traffic
movements.
JUSTIFICATION
The Planning and Development Department recommends that Bylaw 13296 to amend Silver
Berry Neighbourhood Structure Plan be APPROVED and that Bylaw 13297 to amend the Zoning
Bylaw from (AG) Agricultural Zone to (CNC) Neighbourhood Convenience Commercial Zone
be APPROVED on the basis that the proposed land use:
is appropriate to a high visibility site at the intersection of two major roads and an entrance to
the Silver Berry Neighbourhood;
the scale of proposed commercial will meet market demand while complementing the
presence of a second neighbourhood oriented commercial site further south on 34 Street;
the site is appropriately separated from adjacent uses by public utility lots and roadways; and
meets the technical requirements of City Departments and affected private utility agencies.
ATTACHMENTS
1 Approved Land Use and Population Statistics – Bylaw 13167
2 Proposed Land Use and Population Statistics – Bylaw 13296
3 Approved Silver Berry Neighbourhood Structure Plan – Bylaw 13167
4 Proposed Silver Berry Neighbourhood Structure Plan – Bylaw 13296
5 Surrounding Land Use Zone Maps
6 Proposed Rezoning
Written by: Michelle Cabalt
Approved by: Robert Caldwell
Planning and Development Department
February 10, 2003
5
13/18
ATTACHMENT 1
TABLE 1
SILVER BERRY NEIGHBOURHOOD STRUCTURE PLAN
APPROVED LAND USE AND POPULATION STATISTICS
BYLAW 13167
LAND USE Area (ha) % of GDA
Gross Area 205.00
Power / Pipeline and Utility Corridor 15.28
Environmental Reserve 7.58
23 Avenue Road Widening 0.06
Cemetery 1.60
Gross Developable Area 180.48 100.00
Circulation (@ 22% of GDA) 39.71 2 22.00
School / Park Sites 9.49 5.26
District Campus Site 26.20 14.52
Shopping Center Commercial 6.50 3.60
Neighbourhood Commercial 0.80 0.44
Stormwater Management Facility 10.32 5.72
Total Non-Residential Area 93.02 51.54
Net Residential Area 87.46 48.46
RESIDENTIAL LAND USE, DWELLING UNIT COUNT AND POPULATION
Land Use Area (ha) Units % of Total Population
DUs
Low Density Residential 77.28 1313 72.50 4542
Medium Density Residential 1 8.81 440 24.30 1144
Medium Density Residential 2 1.37 58 3.20 113
Total 87.46 1811 100.00 5799
Gross Density: 32.13 persons per gross developable hectare
STUDENT GENERATION*
Elementary (K-6) Junior High (7-9) Senior High (10- Total
12)
Total 874 329 306 1509
Public 611 230 215 1056
Separate 262 99 92 453
*Calculation of Student Population:
K-6 57.9% 7-9 21.8% 10-12 20.3%
70% students in public system 30% students in separate system
14/18
ATTACHMENT 2
TABLE 2
SILVER BERRY NEIGHBOURHOOD STRUCTURE PLAN
PROPOSED LAND USE AND POPULATION STATISTICS
BYLAW 13296
LAND USE Area (ha) % of GDA
Gross Area 205.00
Power / Pipeline and Utility Corridor 15.28
Environmental Reserve 7.58
23 Avenue Road Widening 0.06
Cemetery 1.60
Gross Developable Area 180.48 100.00
Circulation (@ 22% of GDA) 39.71 2 22.00
School / Park Sites 9.49 5.26
District Campus Site 26.20 14.52
Shopping Center Commercial 6.50 3.60
Neighbourhood Commercial 2.17 1.20
Stormwater Management Facility 10.32 5.72
Total Non-Residential Area 94.39 52.30
Net Residential Area 86.09 74.70
RESIDENTIAL LAND USE, DWELLING UNIT COUNT AND POPULATION
Land Use Area (ha) Units % of Total Population
DUs
Low Density Residential 77.28 1313 75.0 4542
Medium Density Residential 8.81 440 25.0 1144
Total 86.09 1753 100.00 5686
Gross Density: 31.46 persons per gross developable hectare
STUDENT GENERATION*
Elementary (K-6) Junior High (7-9) Senior High (10- Total
12)
Total 857 323 300 1480
Public 600 226 210 1036
Separate 257 97 90 444
*Calculation of Student Population:
K-6 57.9% 7-9 21.8% 10-12 20.3%
70% students in public system 30% students in separate system
15/18
ATTACHMENT 3
(Approved 13167)
13296_Att3.pdf
16/18
ATTACHMENT 4
(Proposed 13296)
13296_Att4.pdf
17/18
ATTACHMENT 5
(Surrounding Land Use Zones)
13296_Att5.pdf
18/18
ATTACHMENT 6
(Proposed Rezoning)
13296_Att6.pdf