Agenda Item No.: L.1.h.
Bylaw No. 12168
Proposed Bylaw No. 12168 to amend the Land Use Bylaw from DC5 (Site Specific
Development Control) District to DC5 (Site Specific Development Control) District; located
east of 104 Street between 63 and 65 Avenues, CPR West
Purpose
The purpose of this Bylaw is to amend the
Land Use Bylaw as it applies to this site
from DC5 to DC5. The proposed
amendment will change the development
criteria in the existing DC5 district to allow
landscaping on the abutting roadways.
Readings
Bylaw No. 12168 is ready for Three (3)
Readings after the Public Hearing has been
held.
If Council wishes to give three readings
during a single meeting, then prior to
moving Third Reading, Council must
unanimously agree “That Bylaw No. 12168
be considered for Third Reading”.
Advertising and Signing
This Bylaw has been advertised in the
Edmonton Journal on Friday, October 22,
1999 and Sunday, October 31, 1999. The
Bylaw can be signed and thereby passed
following Third Reading.
Position of Department
The Planning and Development Department
supports this Bylaw.
Report Summary

There are no outstanding technical or
community concerns regarding this
application.
Background Information Attached
1. Bylaw No. 12168
2. A copy of the Planning and
Development Department’s report
Routing:
Delegation:
Written By:
October 4, 1999
File: 99PDP462
Public Hearing, City Council
Kulbir Singh
A. Farr
Planning and Development Department
L
1
h
APPROVED
As to Form ___________________
CITY SOLICITOR
Bylaw No. 12168
A Bylaw to amend Bylaw No. 5996, as amended,
The Edmonton Land Use Bylaw
WHEREAS Lot 1A, Block 77, Plan 5062 RS; Lot B1, Block 77, Plan 922 1254; Lots 5 to 9, 22, 23
and OT, Block 74, Plan 5740 AI; Lot B, Block 74, Plan 917 BP; Lots B and C, Block 77, Plan 4022 HW;
Block B, Plan 3921 EU; Lot 52, Block RLY; Plan 4633 AW; Block OT, Plan 5740 AI, located east of 104
Street between 63 and 65 Avenues, CPR West, Edmonton, Alberta, are specified on the Land Use District
Map as DC5 (Site Specific Development Control) District; and
WHEREAS an application was made to redistrict the above described property to DC5 (Site Specific
Development Control) District;
NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government
Act, S.A. 1994, c. M-26.1, as amended, the Municipal Council of the City of Edmonton duly assembled
enacts as follows:
1.
The Land Use District Map, being Part III to Bylaw No. 5996 The Edmonton Land Use Bylaw is
hereby amended by redistricting the lands legally described as Lot 1A, Block 77, Plan 5062 RS; Lot B1,
Block 77, Plan 922 1254; Lots 5 to 9, 22, 23 and OT, Block 74, Plan 5740 AI; Lot B, Block 74, Plan 917 BP;
Lots B and C, Block 77, Plan 4022 HW; Block B, Plan 3921 EU; Lot 52, Block RLY; Plan 4633 AW; Block
OT, Plan 5740 AI, located east of 104 Street between 63 and 65 Avenues, CPR West, Edmonton, Alberta,
which lands are shown on the sketch plan annexed hereto as Schedule “A”, from DC5 (Site Specific
Development Control) District to DC5 (Site Specific Development Control) District.
2.
The uses and regulations of the aforementioned DC5 District are annexed hereto as Schedule "B".
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3.
The sketch plan annexed hereto as Schedule "A" and the uses and regulations of the DC5 District
shown on Schedule "B" annexed hereto are hereby incorporated into the Land Use Bylaw, Volume II, being
Part IV to Bylaw No. 5996 The Edmonton Land Use Bylaw.
READ a first time this
day of
, A. D. 1999;
READ a second time this
day of
, A. D. 1999;
READ a third time this
day of
, A. D. 1999;
SIGNED and PASSED this
day of
, A. D. 1999.
THE CITY OF EDMONTON
_______________________________________
MAYOR
_______________________________________
CITY CLERK
12168schA.pdf
4/5
SCHEDULE “B”
DC5 (SITE SPECIFIC DEVELOPMENT CONTROL) DISTRICT
1.
General Purpose
To establish a Site Specific Development Control District that accommodates a wide
range of commercial uses on a large site with good visibility and access to a major
arterial, and also recognizes the need to limit the range of commercial, residential or other
sensitive uses in order to provide protection for any future users from environmental
contamination on the site.
2.
Area of Application
This District shall apply to Lot 1A, Block 77, Plan 5062 RS; Lot B1, Block 77, Plan
922 1254; Lots 5 to 9, 22, 23 and OT, Block 74, Plan 5740 AI; Lot B, Block 74, Plan
917 BP; Lots B and C, Block 77, Plan 4022 HW; Block B, Plan 3921 EU; Lot 52, Block
RLY, Plan 4633 AW; Block OT, Plan 5740 AI, , CPR West, as shown on Schedule “A”
appended to the Bylaw adopting this District.
3.
Uses
Uses that would accommodate children 4 years and under on the site for extended and
continuous periods of time will not be allowed. The following uses are allowed:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
u)
v)
w)
x)
Alcohol Sales, Major
Alcohol Sales, Minor
Animal Hospitals and Shelters
Auctioneering Establishments
Automotive and Equipment Repair Shops
Automotive/Minor Recreational Vehicle Sales/Rentals
Broadcasting and Motion Picture Studios
Business Support Services
Carnivals
Commercial Schools
Convenience Vehicle Rentals
Cremation and Interment Services
Custom Manufacturing
Drive-in Food Services
Equipment Rentals
Flea Markets
Fleet Services
Funeral Services
Gas Bars
General Retail
Government Services
Greenhouses and Plant Nurseries
Health Services
Hotels
5/5
y)
z)
aa)
bb)
cc)
dd)
ee)
ff)
gg)
hh)
ii)
jj)
kk)
ll)
mm)
nn)
oo)
pp)
qq)
rr)
ss)
tt)
uu)
vv)
ww)
xx)
4.
Household Repair Services
Indoor Participant Recreation Services
Limited Contractor Services
Major and Minor Amusement Establishments
Major Eating and Drinking Establishments
Major Secondhand Stores
Major Service Stations
Minor Eating and Drinking Establishments
Minor Secondhand Stores
Minor Service Stations
Minor Veterinary Services
Mobile Catering Food Services
Motels
Non-accessory Parking
Outdoor Amusement Establishments
Personal Service Shops
Private Clubs
Professional, Financial and Office Support Services
Rapid Drive-through Vehicle Services
Recycled Materials Drop-off Centres
Recycling Depots
Residential Sales Centres
Spectator Entertainment Establishments
Spectator Sports Establishments
Truck and Mobile Home Sales/Rentals
Warehouse Sales
Development Criteria
a)
Development shall comply with all development regulations listed under Sections
340.4 and 340.5.
b)
Sealed asphalt pavement or building foundations, maintained in reasonable
condition shall cover the entire site with the exception of the 4.5 m (14.8 ft.) yard
adjacent to 63 Avenue and 104 Street.
c)
Landscaping requirements as outlined in Section 69 of the Land Use Bylaw shall
be met. The Development Officer may vary or waive the landscaping
requirements adjacent to 65 Avenue if alternative landscaping methods such as
earth berming, masonry walls, screen fencing or other man-made features are
provided and if additional plantings are provided within the abutting boulevard, to
buffer the view of vehicle parking, storage and loading spaces from 65 Avenue to
the satisfaction of the Development Officer.
d)
No activities which involve permanently removing all or a portion of the sealed
pavement will be allowed without an assessment of the risk management being
approved by Alberta Environmental Protection and Capital Health Authority.
ATTACHMENT 2
BYLAW NO. 12168
FILE: LUB/99-0069
CPR WEST
DESCRIPTION:
LAND USE BYLAW AMENDMENT from DC5 (Site Specific
Development Control) District to DC5 (Site Specific Development
Control) District; CPR WEST
LOCATION:
63 Avenue to 65 Avenue east of 104 Street
LEGAL
DESCRIPTION:
Lot 1A, Block 77, Plan 5062 RS; Lot B1, Block 77, Plan 922
1254; Lots 5 to 9, 22, 23 and OT, Block 74, Plan 5740 AI; Lot B,
Block 74, Plan 917 BP; Lots B and C, Block 77, Plan 4022 HW;
Block B, Plan 3921 EU; Lot 52, Block RLY, Plan 4633 AW;
Block OT, Plan 5740 AI
APPLICANT:
Wes Candler
OWNER:
Derrick Dodge (1980) Ltd.
6211-104 Street
Edmonton, Alberta
T6H 2K8
ACCEPTANCE OF
APPLICATION:
EXISTING
DEVELOPMENT:
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION:
August 12, 1999
Two buildings on a hard surfaced, sealed asphalt covered site
_______________________________________________________
That Bylaw No. 12168 to amend the Land Use Bylaw from DC5
(Site Specific Development Control) District to DC5 (Site Specific
Development Control) District be APPROVED.
1
BYLAW NO. 12168
FILE: LUB/99-0069
CPR WEST
DISCUSSION
1.
The Application
This application is to rezone the subject area located between 63 Avenue and 65 Avenue
east of 104 Street from DC5 (Site Specific Development Control) District to DC5 (Site
Specific Development Control) District. The intent of the changes contained within the
proposed DC5 is to allow for landscaping in the yard adjacent to 65 Avenue and to allow
for the removal of the sealed asphalt hard surface within the 4.5 m (14.8 ft.) yards
adjacent to 104 Street and 63 Avenue in order to accommodate more visually attractive
landscaping than is possible under the existing DC5.
2.
Site and Surrounding Area
The site is located at the north east corner of the busy intersection of 104 Street and
63 Avenue. It is bound to the west by 104 Street, to the south by 63 Avenue, to the east
by a range of commercial and industrial land uses and to the north by 65 Avenue. The
adjacent properties to the west and to the south carry IM (Medium Industrial) and CB2
(General Business) zoning. The adjacent properties to the east carry IH (Heavy
Industrial) zoning. The adjacent properties to the north are zoned IH (Heavy Industrial)
and IM (Medium Industrial). The site is surrounded by a range of commercial and
industrial land uses and it falls within the Calgary Trail Land Use Study policy area. A
history of environmental contamination issues has required that this site be covered in
sealed asphalt or building foundations and subject to DC5 (Site Specific Development
Control) zoning.
View of the site looking east across 104 Street on the corner of 64 Avenue.
2
BYLAW NO. 12168
FILE: LUB/99-0069
CPR WEST
ANALYSIS
1.
Compliance with Approved Plans and Land Use Compatibility
The proposed rezoning is consistent with recommendations contained within the Calgary
Trail Land Use Study which encourages upgrading the visual appearance of the corridor
by, among other things, landscaping along the roadway right-of-way.
DC5 (Site Specific Development Control) District zoning is being used in this case as
opposed to conventional commercial zoning such as CB1 (Low Intensity Business)
District or CB2 (General Business) District zoning in order to address the environmental
contamination issues on this site.
The existing and proposed DC5 (Site Specific Development Control) District contain
provisions respecting the authority and involvement of the Capital Health Authority
(CHA) and Alberta Environmental Protection (AEP) with regard to land uses on this site.
Both agencies have confirmed that there are no appreciable human health impacts
associated with the soil found within the 4.5 m (14.8 ft.) yards adjacent to 104 Street and
63 Avenue.
2.
Transportation and Utilities
The Transportation and Streets Department has no objections to this proposed rezoning.
3.
Surrounding Property Owners’ Concerns
The applicant has conducted a public notification program pursuant to Council’s
directive, Information Requirements For Processing of Redistricting Applications to
DC5. Since the subject area is not located within any defined residential or community
league boundary, the applicant concentrated their information and input request on the
commercial and industrial business community within a 60 m pre-notice area. A prenotice form letter was hand delivered to all businesses within the pre-notice area. The
letter identified the history of the existing DC5 District, the purpose of the proposed DC5,
the conclusions reached as a result of additional soil testing and evaluation, and the
applicant’s intent in seeking the rezoning in order to landscape the frontages of 104 Street
and 63 Avenue in a more aesthetically pleasing fashion. The letter also provided the
opportunity and point of contact for further clarification or input as desired. No concerns
were expressed as a result of this pre-notice exercise.
The Planning and Development Department mailed out a Preliminary Letter of
Notification to 21 property-owners within 60 m, and to the Allendale Community
League, the closest neighbouring Community League. The Department did not receive
any objections in response to this mail out
3
BYLAW NO. 12168
FILE: LUB/99-0069
CPR WEST
JUSTIFICATION
The Planning and Development Department recommends that Bylaw No. 12168 be
APPROVED on the basis that the Bylaw is consistent with recommendations within the
Calgary Trail Land Use Study which encourages upgrading the visual appearance of this
major arterial roadway by, among other things, landscaping along the roadway right-ofway.
ATTACHMENT
2a
Maps
Written by: Adam Farr
Approved by: Bruce Duncan
Planning and Development Department
October 4, 1999
4
12168attch2.pdf
12168pg2.pdf