APPROVED As to Form _________________ CITY SOLICITOR Bylaw 12821 A Bylaw to amend Bylaw 12800, as amended, The Edmonton Zoning Bylaw Amendment No. 18 WHEREAS a portion of SW 1-52-25-W4M, located east of 142 Street and north of 23 Avenue, Hodgson, Edmonton, Alberta, is specified on the Zoning Map as (AG) Agricultural Zone; and WHEREAS an application was made to rezone the above described property to (RF1) Single Detached Residential Zone, (RSL) Residential Small Lot Zone, (RF5) Row Housing Zone, (RA7) Low Rise Apartment Zone, (A) Metropolitan Recreation Zone, (AGU) Urban Reserve Zone, (AP) Public Parks Zone, (PU) Public Utility Zone, and (CSC) Shopping Centre Zone; 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 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 1-52-25-W4M, located east of 142 Street and north of 23 Avenue, Hodgson, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (AG) Agricultural Zone to (RF1) Single 2/3 Detached Residential Zone, (RSL) Residential Small Lot Zone, (RF5) Row Housing Zone, (RA7) Low Rise Apartment Zone, (A) Metropolitan Recreation Zone, (AGU) Urban Reserve Zone, (AP) Public Parks Zone, (PU) Public Utility Zone, and (CSC) Shopping Centre Zone. READ a first time this day of , A. D. 2001; READ a second time this day of , A. D. 2001; READ a third time this day of , A. D. 2001; SIGNED and PASSED this day of , A. D. 2001. THE CITY OF EDMONTON __________________________________ MAYOR __________________________________ CITY CLERK 3/3 SCHEDULE “A” BYLAW 12821 RF1 US PU AG AG RA7 RF1 to PU to RF1 to RF5 to A A SCHEDULE “A” PU to AP to RSL to RSL to AGU RF5 to RF5 A RF1 RF5 to RSL to RSL S.W. 1/4 SEC. 1-52-25-4 CSC to RF5 AG AG TO CSC to RA7 AG AG to RF1, RSL, RF5, RA7, A, AGU, AP, PU & CSC N ATTACHMENT 2 BYLAW 12821 FILE: LUB/01-0044 HODGSON DESCRIPTION: ZONING BYLAW AMENDMENT from (AG) Agricultural Zone to (RF1) Single Detached Residential Zone, (RSL) Residential Small Lot Zone, (RF5) Row Housing Zone, (RA7) Low Rise Apartment Zone, (A) Metropolitan Recreation Zone, (AGU) Urban Reserve Zone, (AP) Public Parks Zone, (PU) Public Utility Zone, and (CSC) Shopping Centre Zone; HODGSON LOCATION: East of 142 Street and north of 23 Avenue LEGAL DESCRIPTION: Portions of SW 1-52-25-W4M APPLICANT: Stantec Consulting Ltd. 10160 - 112 Street Edmonton, AB T5K 2L6 OWNER: Alldritt Development Limited 11305 - 149 Street Edmonton, AB T5M 1W6 United Inc. 503, 10109 - 106 Street Edmonton, AB T5J 3L7 Dykstra Construction Ltd. 10816 - 147 Street Edmonton, AB T5N 3E2 Et al. ACCEPTANCE OF APPLICATION: EXISTING DEVELOPMENT: May 1, 2001 A farmstead, a small wetland area with an associated woodlot, and agricultural uses. _______________________________________________________ 1 BYLAW 12821 FILE: LUB/01-0044 HODGSON PLANNING AND DEVELOPMENT DEPARTMENT’S RECOMMENDATION: That Bylaw 12821 to amend the Zoning Bylaw from (AG) Agricultural Zone to (RF1) Single Detached Residential Zone, (RSL) Residential Small Lot Zone, (RF5) Row Housing Zone, (RA7) Low Rise Apartment Zone, (A) Metropolitan Recreation Zone, (AGU) Urban Reserve Zone, (AP) Public Parks Zone, (PU) Public Utility Zone and (CSC) Shopping Centre Zone be APPROVED. 2 BYLAW 12821 FILE: LUB/01-0044 HODGSON DISCUSSION 1. The Application This application proposes to amend the Zoning Bylaw from (AG) Agricultural Zone to (RF1) Single Detached Residential Zone, (RSL) Residential Small Lot Zone, (RF5) Row Housing Zone, (RA7) Low Rise Apartment Zone, (A) Metropolitan Recreation Zone, (AGU) Urban Reserve Zone, (AP) Public Parks Zone, (PU) Public Utility Zone, and (CSC) Shopping Centre Zone for portions of SW 1-52-25-W4M. The intent is to develop the site for low and medium density residential development, a school/park site, a stormwater influenced wetland, a stormwater management facility, and commercial development in the Hodgson neighbourhood. The A Zone is intended to apply zoning to lands contained within the North Saskatchewan River Valley Area Redevelopment Plan. The AP Zone is intended to preserve a substantial portion of the Ogilvie Ridge Environmentally Sensitive Area (SW6002), as identified in the City of Edmonton Inventory of Environmentally Sensitive and Significant Natural Areas. 2. Site and Surrounding Area The lands affected by this application are located east of 142 Street and north of 23 Avenue. The site is primarily used for agricultural purposes. There is a farmstead located in the southwest corner of the Plan area. The Ogilvie Ridge Wetland (SW6002) is located in the north central area of the site. A TransAlta Utilities aerial transmission line right-of-way runs along the northern boundary of the site, separating it from the established Carter Crest and Ogilvie Ridge neighbourhoods to the north. To the west of the subject area across 142 Street is the currently developing Leger neighbourhood. To the southwest is the Terwillegar Towne neighbourhood. Lands to the south across 23 Avenue are currently zoned (AG) Agricultural, and no NASP has been approved for this area. The Whitemud Creek ravine lies immediately to the east of the Hodgson neighbourhood. View looking east from Rabbit Hill Road north of 23 Avenue. 3 BYLAW 12821 FILE: LUB/01-0044 HODGSON ANALYSIS 1. Compliance with Approved Plans and Land Use Compatibility The proposed rezoning is in conformance with the Hodgson Neighbourhood Area Structure Plan, approved by City Council in 1995. The Hodgson NASP designates this site for low and medium residential development, school/park, stormwater management, environmentally sensitive area, and commercial uses. The proposed uses within the Hodgson neighbourhood are compatible with the existing suburban development in the area. The proposed commercial site, located in the southwest corner of the plan area, is part of the commercial/employment node identified in the Terwillegar Heights Servicing Concept Brief. 2. Natural Areas and Environmental Site Assessments The Ogilvie Ridge Wetland (SW6002) located within the Hodgson neighbourhood was disturbed in 1991 or 1992 with fill material being deposited in the north and east portions of the site. The Hodgson NASP designates this site as an Environmentally Sensitive Area and recommends its retention as a naturalized wetland. The NASP also recommends direct surface runoff from the adjacent school/park site be directed to the wetland to ensure that water levels are maintained at pre-development levels. An area of approximately 0.5 ha will be used on the school/park site to direct flows to a culvert crossing under the local roadway that separates the school/park site from the wetlands. In accordance with the NASP requirements, the applicant submitted Stages One and Two Natural Site Assessments for the natural site. The Stage One Assessment rated the natural area as high for sustainability and recommended a Stage Two Assessment. The Stage Two Assessments evaluated the potential effects of a proposed development on the natural site, and recommended measures to minimize adverse impacts on the important environmental elements. From the Stage Two Assessment several recommendations to mitigate the impact of urban development on the natural area were recommended: minimize tree loss in the northwestern portion of the natural area; retain as much as possible the wetland portion of the site; employ construction practices that avoid root damage for the trees to be retained; and ensure favourable soil drainage for these trees through surface runoff plans. 4 BYLAW 12821 FILE: LUB/01-0044 HODGSON The rezoning proposes to retain approximately 2.2 ha of the natural area as recommended in the Stage Two Assessment. The rezoning acknowledges a portion of the existing sustainable vegetation in the northwest portion of the natural area will be retained and incorporated with the wetland area as parkland (AP). The methodology of protecting the wetland during the construction of the neighbourhood, and over the long term, will be addressed through the preparation of a Management Plan. The NASP requires the completion of this Plan with the first stage of subdivision in the neighbourhood. The applicant has retained a consultant to prepare a Management Plan, and the process is currently underway. As a requirement of the NASP, the applicant prepared two Phase II Environmental Site Assessments (ESAs) for portions of the subject site. The first Phase II ESA sampled and analyzed the fill material in SW6002 to determine the level of contamination, if any. The Phase II ESA concluded that the fill material was comprised of clean clay materials, and that the material contained no hydrocarbons, trace elements, or heavy metals. No further evaluation of the fill material is therefore required. The second Phase II ESA was prepared for the farmstead in the southwest corner of the subject lands. This farmstead also contained a test hole site for oil and gas. The Phase II ESA concluded that no contamination of the site was present, and no further evaluation is required. 3. Transportation and Utilities The Transportation and Streets Department advised that it has no objections to the proposed rezoning. No other Civic Department or affected private utility agency has any outstanding concerns regarding this proposal. 4. Surrounding Property Owners’ Concerns A total of 81 property owners were sent Notices from the City concerning the proposed rezoning. The Planning and Development Department received three telephone calls in opposition to the rezoning from adjacent property owners in the Ogilvie Ridge and Leger neighbourhoods. The residents were concerned that the introduction of medium density housing (RF5 and RA7) in the Hodgson neighbourhood would have a significant impact on property values in the area. 5 BYLAW 12821 FILE: LUB/01-0044 HODGSON In response, the Planning and Development Department advised that the proposed rezoning is in conformance with the Neighbourhood Area Structure Plan for the Hodgson neighbourhood, which designates the RF5 and RA7 sites for medium density residential uses. Further, the Hodgson NASP promotes a variety of housing forms and densities to provide housing opportunities for a diversity of residents. In addition, City policy requires neighbourhoods to provide a range of between 15-35% of the residential units for medium density housing. The subject NASP provides for approximately 33% medium density residential units. JUSTIFICATION The Planning and Development Department recommends that Bylaw 12821 be APPROVED on the basis that the proposed rezoning is in conformance with the objectives of the Hodgson Neighbourhood Area Structure Plan approved by Council, and meets the technical requirements of the City and the utility departments and agencies. ATTACHMENT 2a Maps Written by: Tim Ford Approved by: Larry Benowski Planning and Development Department July 16, 2001 6 ATTACHMENT 2a 12821_Attachment2a.pdf 2 12821_page2.pdf