Report for City Council January 13, 2005 meeting
Document Sample


Bylaw 13866
A Bylaw to amend Bylaw 12800, as amended,
The Edmonton Zoning Bylaw
Amendment No. 497
WHEREAS a portion of SW 2-52-25-4, Lot B, Plan 982 3897, Plan OT-52-24-4 and Block OT,
Plan 3725 KS; located south of 23 Avenue and east of Towne Centre Boulevard, Terwillegar Towne,
Edmonton, Alberta, are specified on the Zoning Map and Appendix I to Section 920 – Special Area
Terwillegar as (TSLR) Terwillegar Small Lot Residential Zone; and
WHEREAS an application was made to rezone the above described property to (RF4*)
Terwillegar Semi-detached Residential Zone and (RF5*) Terwillegar Row Housing 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 as a portion of SW 2-52-25-4, Lot B, Plan 982 3897, Plan OT-52-
24-4 and Block OT, Plan 3725 KS; located south of 23 Avenue and east of Towne Centre Boulevard,
Terwillegar Towne, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as
Schedule “A”, from (TSLR) Terwillegar Small Lot Residential Zone to (RF4*) Terwillegar Semi-
detached Residential Zone and (RF5*) Terwillegar Row Housing Zone.
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2. The Edmonton Zoning Bylaw is hereby further amended by deleting from it Appendix I to
Schedule 920 and substituting therefor as Appendix I the map annexed hereto as Schedule “B”.
READ a first time this day of , A. D. 2005;
READ a second time this day of , A. D. 2005;
READ a third time this day of , A. D. 2005;
SIGNED and PASSED this day of , A. D. 2005.
THE CITY OF EDMONTON
_____________________________________
MAYOR
_____________________________________
CITY CLERK
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SCHEDULE “A”
BYLAW 13866
AGU
AGU
TSLR to RF4*
TSLR TSLR to RF5*
US
TSLR
TSDR
RPL*
RF1
AG
PU
TSLR
AP
RPL* TSLR
TSLR to RF5* N
TSLR to RF4*
4/4
SCHEDULE “B”
Special Area, Terwillegar
Appendix I to Section 920 of Bylaw 12800 as amended by Bylaw
11318 and subsequent appropriate Bylaws.
US TSLR
RF5*
RF5*
TSLR
RPL* TSDR
AG
TSLR
AP
TSDR RPL* TSLR
AG
TSLR
TSDR
TSLR
RPL*
RPL*
AGU
RF4*
TSLR RPL* TERWILLEGAR
AP
TOWNE NASP
PU
RPL* RF5*
AP AP
TSLR RF5
TMU
PU
TMU
TSLR RPL*
RPL*
AP RF4* RA7
RF4* SOUTH
TERWILLEGAR
TSLR RPL* NASP
AP
RPL*
PU TSLR
N
Special Area Boundary
* Designation applied to site with
altered or specific development
regulations in accordance with
Section 920, Zoning Bylaw
ATTACHMENT 2
BYLAW 13866
FILE: ZB/04-0058
TERWILLEGAR
TOWNE
DESCRIPTION: ZONING BYLAW AMENDMENT and AMENDMENT to
APPENDIX I to SECTION 920 – SPECIAL AREA
TERWILLEGAR TOWNE from (TSLR) Terwillegar Small Lot
Residential Zone to (RF4*) Terwillegar Semi-detached Residential
Zone and (RF5*) Terwillegar Row Housing Zone;
TERWILLEGAR TOWNE
LOCATION: Located south of 23 Avenue and east of Towne Centre Boulevard
LEGAL
DESCRIPTION: Portions of Plan 9823897, Lot B, SW 2-52-25-4, Plan OT-52-25-4
and Plan 3725 KS, Block OT
APPLICANT: Stantec Consulting Ltd.
10160 – 112 Street
Edmonton AB T5K 2L6
OWNERS: Carma Developers Ltd
1910, 10303 Jasper Avenue
Edmonton AB T5J 3N6
Terwillegar Towne Residents Association
ACCEPTANCE OF
APPLICATION: May 17, 2004
EXISTING
DEVELOPMENT: Vacant
_______________________________________________________
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION: That Bylaw 13866 to amend the Zoning Bylaw and Appendix I to
Section 920 – Special Area Terwillegar Towne from (TSLR)
Terwillegar Small Lot Residential Zone to (RF4*) Terwillegar
Semi-detached Residential Zone and (RF5*) Terwillegar Row
Housing Zone be APPROVED.
1
BYLAW 13866
FILE: ZB/04-0058
TERWILLEGAR
TOWNE
DISCUSSION
1. The Application
The application is to amend the Zoning Bylaw and Appendix I to Section 920 – Special
Area Terwillegar Towne from (TSLR) Terwillegar Small Lot Residential Zone to (RF4*)
Terwillegar Semi-detached Residential Zone and (RF5*) Terwillegar Row Housing Zone.
The proposed application will allow for the development of the RF4* portion of the site
as street oriented semi-detached housing and the RF5* portion of the site as a mix of
semi-detached housing and row housing limited to four units.
2. Site and Surrounding Area
The site is located in the northern part of the Terwillegar Towne neighbourhood at the
southeast corner of the intersection of Towne Centre Boulevard and 23 Avenue. The
land is currently vacant and undeveloped. Directly east of the site is land designated as
street oriented residential development, which is currently under construction. North of
the site, across 23 Avenue, are the developing lands of the Leger neighbourhood. Lands
west of the site are designated as street oriented residential development and zoned with a
combination of (TSLR) Terwillegar Small Lot residential, (TSDR) Terwillegar Single
Detached residential and (RPL*) Terwillegar Planned Lot residential. South of the site is
a privately owned park site managed by the Terwillegar Home Owners Association.
View of site looking south at 23 Avenue and east of Towne Centre Boulevard.
2
BYLAW 13866
FILE: ZB/04-0058
TERWILLEGAR
TOWNE
3. History
This subject site was rezoned from (AG) Agricultural Zone to (TSLR) Terwillegar Small
Lot Residential Zone as part of a larger rezoning application on July 8, 2002.
ANALYSIS
1. Compliance with Approved Plans and Land Use Compatibility
The Terwillegar Towne Neighbourhood Area Structure Plan (NASP) is designed to
accommodate a heterogeneous community that provides a diversity of housing type
including low-density street-oriented residential, medium density residential and mixed
use development. The street oriented residential designation accommodates single-
detached, semi-detached and row housing development limited to four units. The NASP
also recommended that row housing should be concentrated around the neighbourhood’s
Towne Square and along the main penetrator roadways into the neighbourhood, such as
Towne Centre Boulevard.
The zoning proposed for this site is in conformance with the street oriented residential
designation under the Terwillegar Towne Neighbourhood NASP. The owner intends to
construct street oriented semi-detached dwellings under the RF4* zone fronting onto
Towne Centre Boulevard. To provide continuity in the streetscape, lots fronting onto the
Boulevard will have garages accessed from a rear lane. The balance of the site will be
developed as row housing of up to four units and semi-detached housing, under the RF5*
zone. These forms of housing are permitted under the RF5* zone and are consistent with
the Terwillegar Towne NASP which calls for a mix of housing types and appropriate
integration of different land uses.
The RF4* and RF5* zoning is compatible with the other street oriented residential
development west of Towne Centre Boulevard. The TSLR, RPL* and TSDR zones are
all forms of low intensity, street oriented development, that, when combined with the
RF5*and RF4* zones, provide a variety of choice in housing form in this part of the
Terwillegar Towne neighbourhood.
2. Transportation and Utilities
The Transportation and Streets Department has no objection to the proposed rezoning.
No other affected City departments or outside agencies object to this application.
3
BYLAW 13866
FILE: ZB/04-0058
TERWILLEGAR
TOWNE
3. Surrounding Property Owners’ Concerns
The applicant’s initial proposal that was circulated to area residents and civic agencies
was to rezone the entire site RF5*, which permitted semi-detached housing and row
housing of up to four units.
In response to the prenotification letter, the Planning and Development Department
received three phone calls and one e-mail from area residents objecting to the proposal.
The Department also received a letter from the Terwillegar Towne Residents Association
and a 34 name petition from adjacent residents opposing the RF5* zoning. The Residents
Association and area residents expressed concerns that traffic in the area will
significantly increase as a result of the proposal, that row housing is not suitable at the
entrance to the neighbourhood, that the RF5* zoning was not the original zoning
contemplated when the neighbours purchased their homes, and that the proposed
development will not match the architectural style of the surrounding area.
In response to the residents’ concerns, the Planning and Development Department,
representatives of Carma Developers Ltd (the owners of the site) and the Project
Consultant met with neighbourhood representatives on October 6, 2004.
The Planning and Development Department advised that street oriented residential
designation accommodates single-detached, semi-detached and row housing development
limited to four units. The Planning Department compared development on the site using
the three housing types allowed and concluded that the maximum number of residential
units that can be generated on the site that is located on a collector roadway and at the
edge of the neighbourhood, will not increase traffic significantly. Discussion with the
Transportation and Streets Department supports this observation.
With regards to the suitability of row housing at the entrance of the neighbourhood, the
Planning and Development Department advised that the Terwillegar Towne NASP does
not specify the built form of development at neighbourhood entrances. The NASP does
indicate that row housing is an appropriate use along penetrator roadways, which provide
the linkage from the neighbourhood entrance to the internal portions of the
neighbourhood. The only specific requirement identified in the NASP for this location is
that housing must be developed as street oriented residential development.
While the actual RF5*zoning was not in place when some residents moved into the
neighbourhood, it does not preclude rezoning to any of the street oriented residential
housing forms contemplated in the NASP Bylaw, which includes single detached, semi-
detached or row housing development. The proposal meets the policies of the NASP
with regards to housing forms, heterogeneity, and street oriented development. The site
is located at the edge of the Terwillegar neighbourhood and on a collector roadway,
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BYLAW 13866
FILE: ZB/04-0058
TERWILLEGAR
TOWNE
which is consistent with the Suburban Neighbourhood Design Principles and Smart
Choices approach that advocates the intensification of residential uses at the edge of the
neighbourhood.
To allay fears of incompatible architectural style or quality, Carma provided samples of
the proposed architectural style and gave assurances that the development would be high-
quality and similar in architectural style to the surrounding development. At the meeting,
Carma also committed to review the use of an RF4* zone abutting the Towne Centre
Boulevard to ensure street oriented housing will be built with rear access garages.
Subsequent to the meeting and at the direction of their client, Stantec Consulting Ltd.
revised the application to include the RF4* zoning fronting onto Towne Centre
Boulevard, even though semi-detached housing is permitted under the RF5* Zone. The
RF4* zoning is a compromise between row housing and single-detached development
and ensures that the semi-detached development will front onto Towne Centre Boulevard.
The residents’ response to the RF4* zoning was that, despite the applicant’s assurances
and changes to the proposal, they still feel that only single-detached housing fronting
onto Towne Centre Boulevard is acceptable at this location.
JUSTIFICATION
The Planning and Development Department recommends that Bylaw 13866 be APPROVED on
the basis that the proposed zoning is consistent with the Terwillegar Towne Area Structure Plan,
addresses citizens concerns, is compatible with adjacent zoning and meets the technical
requirements of affected utility agencies and City Departments.
ATTACHMENT
2a Maps
Written by: Nancy MacDonald
Approved by: Phillip Arendt
Planning and Development Department
December 6, 2004
5
ATTACHMENT 2a
13866_Att2a.pdf
2
13866_pg2.pdf
3
13866_pg3.pdf
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