Report for City Council January 13, 2005 meeting

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							                                             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.
                                                 2/4


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
                         3/4
                                                  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,


                                              4
                                                                          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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