Bylaw 13177
A Bylaw to amend Bylaw 12800, as amended,
The Edmonton Zoning Bylaw
Amendment No. 208
WHEREAS Lot 1, Plan 942 4106, Block W, Plan 34 AJ and a portion of road to be closed by
Bylaw 13178, located north of 68 Avenue and east of 67 Street, Davies Industrial East, Edmonton,
Alberta, are specified on the Zoning Map as (AGI) Industrial Reserve Zone and (IH) Heavy Industrial
Zone; and
WHEREAS an application was made to rezone the above described property to (IM) Medium
Industrial 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 Lot 1, Plan 942 4106, Block W, Plan 34 AJ and a portion of
road to be closed by Bylaw 13178, located north of 68 Avenue and east of 67 Street, Davies Industrial
East, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”,
from (AGI) Industrial Reserve Zone and (IH) Heavy Industrial Zone to (IM) Medium Industrial Zone.
READ a first time this
day of
, A. D. 2002;
READ a second time this
day of
, A. D. 2002;
READ a third time this
day of
, A. D. 2002;
SIGNED and PASSED this
day of
, A. D. 2002.
THE CITY OF EDMONTON
_______________________________________
MAYOR
_______________________________________
CITY CLERK
2/2
SCHEDULE “A”
BYLAW 13177
IM
IM
IM
IH to IM
IM
AGI to IM
IM
IH
IM
IH
IH
AGI & IH to IM
N
ATTACHMENT 2
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
DESCRIPTION:
AMENDMENT TO the Southeast Industrial Area Outline Plan;
DAVIES INDUSTRIAL EAST
AMENDMENT TO THE ZONING BYLAW from
(AGI) Industrial Reserve Zone and (IH) Heavy Industrial Zone to
(IM) Medium Industrial Zone; DAVIES INDUSTRIAL EAST
CLOSURE of a portion of the 72 Avenue right-of-way east of
67 Street and a portion of the 68 Avenue right-of-way east of
67 Street; DAVIES INDUSTRIAL EAST
LOCATION:
North of 68 Avenue and east of 67 Street
LEGAL
DESCRIPTION:
Lot 1, Plan 942 4106; Block W, Plan 34 AJ
APPLICANT:
W. T. Candler
5418 - 97 Street
Edmonton AB T6E 5C1
OWNER:
818022 Alberta Ltd and
Met Test Inc.
#122 Aspen Heights
23330 Township Road 552
Sherwood Park AB T8B 1H8
ACCEPTANCE OF
APPLICATION:
EXISTING
DEVELOPMENT:
January 22, 2002
Undeveloped; vacant railway yard
______________________________________________________
1
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION:
That the amendment to the Southeast Industrial Area Plan be
APPROVED.
That Bylaw 13177 to amend the Zoning Bylaw from
(AGI) Industrial Reserve Zone and (IH) Heavy Industrial Zone to
(IM) Medium Industrial Zone be APROVED.
That Bylaw 13178 to close a portion of the 72 Avenue right-ofway east of 67 Street and a portion of the 68 Avenue right-of-way
east of 67 Street be APPROVED.
2
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
DISCUSSION
1.
The Applications
This report concerns three applications: an Outline Plan amendment, a rezoning and a
lane closure.
The first application (File OP/02-0001) proposes to amend part of the Development Concept
map for the 1975 Southeast Industrial Area Outline Plan. The existing Outline Plan
designates most of the area bounded by 68 Avenue and 76 Avenue and 67 Street and
50 Street as “Heavy Industrial Development.” In addition to the applicant’s property, the
proposed Plan amendment also includes the adjacent auto wrecker’s yard (Block X, Plan 34
AJ) which is zoned IM (Medium Industrial) Zone. The Outline Plan amendment proposes to
change the current “Heavy Industrial Development” designation to “Medium Industrial
Development”. The main effect of this proposed change will be to support medium
industrial zoning and developments including those with outdoor storage and yard areas,
provided that there are no off-site impacts. Heavy industrial developments (defined as uses
that produce significant off-site impacts on neighbouring properties due to potentially
hazardous or toxic emissions and/or high levels of noise, odour and dust) will not be
allowed.
The second application (File ZB/02-0004) proposes to amend the Zoning Bylaw from the
existing (AGI) Industrial Reserve Zone and (IH) Heavy Industrial Zone to (IM) Medium
Industrial Zone for that area of the site located south of 72 Avenue (Lot 1, Plan 942 4106
and Block W, Plan 34 AJ). If approved the result will be medium industrial zoning for
the entire subject site except for the heavy industrial zoning on the “nuisance ground”.
The nuisance ground area east of 67 Street (existing Plan 6869 ET) is not included within
the proposed rezoning because it is a former land-fill site and is subject to environmental
regulations established and maintained by the Province of Alberta. The nuisance ground
is to continue and the site is not to be available for other uses. Maintaining the current IH
zoning is appropriate given the potential for an off-site impact.
The third application (File: LC/01-0001) proposes to close portions of two separate road
rights-of-way neither of which are constructed. The closure areas are to be sold to the
owner of the subject site. Firstly, the application proposes to close an undeveloped surplus
portion of 72 Avenue east of 67 Street which would be consolidated with the proposed
adjacent lot. Secondly, the application proposes to close a portion of the road right-of-way
north of 68 Avenue and west of the CNR crossing. Upon closure the site is to be
consolidated with the adjacent Block W, Plan 34 AJ. An associated subdivision application
proposes to re-subdivide this closure area to form parts of three proposed lots, including a
public utility lot for a stormwater facility that is to be formed from the re-graded pond site.
3
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
An associated subdivision application (File SUB/02-0004) proposes to subdivide the
entire site to create 10 medium industrial lots, one heavy industrial ‘nuisance ground’ lot
and one public utility lot for stormwater management purposes. To facilitate this
proposed plan of subdivision, 72 Avenue was recently constructed by the applicant
between 51 Street and 67 Street under a Local Improvement Bylaw.
2.
Site and Surrounding Area
The subject 23.8 ha redevelopment site mainly consists of two lots (Lot 1, Plan 942 4106,
and Block W, Plan 34 AJ) each bisected by the newly constructed 72 Avenue. The
rezoning area does not include the old 0.846 ha “nuisance ground” (Plan 6869 ET) which
is to remain IH (Heavy Industrial) Zone.
The east-side of the site consists of a former railway siding yard south of 72 Avenue and
an intensely developed 5.4 ha site north of 72 Avenue occupied by a large industrial
building - the former Stelco steel plant. This building has now been converted for use by
several light and medium businesses and industries.
View of former railyards site looking north-east from 68 Avenue and the CNR crossing.
The west side of the site (Block W, Plan 34 AJ) is undeveloped. It is zoned IM north of
72 Avenue and IH south of 72 Avenue. The proposed IH to IM rezoning site south of 72
Avenue envelopes the nuisance ground on three sides. The west-side of the subject site
also contains a treed area north of 72 Avenue (which is not a recognised environmental
area) and the pond located just north of 68 Avenue. The pond is proposed to form a part
of the stormwater management system and was a key focus of an environmental
assessment. The pond was also recently re-graded as part of the environmental clean-up.
4
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
View of recently re-graded pond looking northwest from 68 Avenue and the CNR crossing.
To the west of the site, along the west side of 67 Street, is a partially developed medium
industrial area, zoned IM. To the north of the site, along the south side 76 Avenue, is a
fully developed IM-zoned medium industrial area, including an adjacent auto wreckers
yard (Block X, Plan 34AJ) which is surrounded on three sides by the subject site. There
are also IB zoned industrial business uses along 76 Avenue. To the east of the subject
site, on the west side of 52 Street, is a developed IM-zoned industrial area. Farther to the
east along the 50 Street arterial are developed IB (Industrial Business) and AGI
(Industrial Reserve) industries and commercial uses.
Along the southern edge of the site is the CNR which has provided a spur line in the past
into the site. South of the site, between 68 Avenue and the CNR line, are two new IMzoned medium industrial businesses. Farther to the south, south of 68 Avenue and
extending from 50 Street to 75 Street, is the large IH-zoned IPSCO industrial site which
is currently the subject of on-going redevelopment proposals.
ANALYSIS
1.
Compliance with Approved Plans and Land Use Compatibility
The proposed rezoning to IM Zone and the proposed Outline Plan amendment to Medium
Industrial Development conform to Plan Edmonton’s designation as a “Business and
Employment Area” (e.g. industrial development) for the subject site and surrounding
area.
5
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
Plan Edmonton’s Map 2 (Economic Activity Centres and Heavy Industrial Areas)
identifies the entire subject site as being within a “Heavy Industrial Areas” node.
However, this heavy industrial designation does not mean that all land use within it is
mandated to be heavy industrial; but rather that a proposal for heavy industry at this
location could be accommodated (notwithstanding other considerations). Within Plan
Edmonton’s heavy industrial nodes there are currently located other medium industrial
plan designations, IM zones and permitted medium industrial developments.
At this particular location - within 1.0 kilometre of the residential neighbourhoods of
Kenilworth and King Edward Park - the proposed medium industrial development is
preferable to heavy industrial development which would be accompanied by a potential
for hazardous off-site impacts. (Note: Following the completion of the Industrial Land
Strategy, the Planning and Development Department will be preparing industrial area
plans that will address the location of heavy industrial designations in proximity to
residential neighbourhoods and other uses incompatible with heavy industry.)
The proposed Outline Plan amendment from ”Heavy Industrial Development” to
”Medium Industrial Development” will designate the entire subject site for medium
industrial development. The 1976 Outline Plan’s designation of heavy industrial
development in this area had been centred around the old Stelco (Steel Company of
Canada) site on the southside of 76 Avenue but this industrial operation has been long
discontinued together with the former associated railyards (now on the southside of the
new 72 Avenue).
Approval of the proposed Outline Plan amendment would also be consistent with the
approval by Council (on December 6, 2001) of a similar Outline Plan amendment (File
OP/01-0006) to re-designate an abutting wedge-shaped site, located between the CNR
and 68 Avenue, also from ”Heavy Industrial Development” to ”Medium Industrial
Development”.
The proposed rezoning to IM is compatible with the zoning of the surrounding area – in
fact it is identical to the IM zoning that abuts the site on three sides: to the west, north and
east (and partially on the south-side). IM zoning at this site would also provide a
transition between the IH (Heavy Industrial) Zone on the south side of 76 Avenue (the
IPSCO site) and the residential neighbourhoods to the west and north.
The land use of the subject site is compatible with the developed medium industrial areas
to the west, north and east and with vacant IPSCO site to the south of 68 Avenue.
6
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
The associated subdivision, as enabled by the proposed Outline Plan amendment and
rezoning, will transform the site from a traditional large-lot heavy industrial area into a
10-lot medium industrial park served by an internal road (the newly constructed
72 Avenue) and stormwater and sanitary sewer systems.
The net outcome of the proposed redevelopment will represent a significant addition to
the supply of fully-serviced industrial land within the City of Edmonton available for
more intensive development at an increased level of economic value and land use
compatibility within the urban environment. The needs of heavy industry for large-lot
sites and fewer municipal services can still be met and more economically served - and
with less land use conflict - at locations outlying the built-up central areas of the City.
2.
Transportation and Utilities
The Transportation and Streets Department has no objection to the three applications and
notes that 72 Avenue between 51 Street and 67 Street has been recently constructed by
the applicant to City standards. The Department further advises that the road closure area
north of 68 Avenue is to be sold “as-is” and that the City would not be responsible for
soil conditions and possible remediation. (Note: The site was remediated by the
applicant).
The Drainage Branch finds that the proposed drainage basin stormwater management
concept is acceptable for these lands. Permanent storm servicing requires design and
construction of an integrated stormwater management facility to control quantity and
quality of outflow. Permanent sanitary servicing is available by connecting to the
existing sewer system within the surrounding streets. These items are to be included in
the conditions of approval for the associated subdivision application.
Concerns of the Drainage Branch regarding contaminated soils, possible leaching from
the nuisance ground, and environmental remediation were satisfactorily addressed
through site studies and remediative actions carried out by the applicant and as further
described in a following section of this report.
EPCOR Water supports the three applications subject to technical conditions of approval
for the lane closure and associated proposed plan of subdivision.
ATCO Pipelines requires continued right-of-way protection of the pipelines traversing
the site in a north-south alignment.
EPCOR [Power] Distribution, ATCO Gas, TELUS, the Emergency Response Department
and Community Services have no objection to the applications.
7
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
3.
Environmental Site Assessment and Soil Remediation
Phase I, II and III Environmental Site Assessments and soil remediation were undertaken
for the subject site due to the potential for soil and groundwater contamination from its
former use for (Stelco) metal fabrication, railyard and nuisance ground. Of particular
concern was the nuisance ground’s proximity to the proposed public utility
lot/stormwater management facility, proposed for the former pond site.
Extensive sampling and soil testing led to significant off-site removal of soils
contaminated with petroleum hydrocarbons and heavy metals. Soil testing and
remediation was also completed for areas within the former railyard and around the
former Stelco building site. The work was undertaken by Sabatini Earth Technologies
Inc. and completed to the satisfaction of Alberta Environment, Capital Health Authority
and the Environmental Planning Unit of the Planning and Development Department.
4.
Disposition of Closure
An Agreement For Sale between the City and the subject site’s owner has been executed
with a sale completion date of October 31, 2002, subject to the approval of the closure
bylaw by Council. The subject closure areas will be closed in two parts and consolidated
with the adjacent lots as proposed to be created in the associated subdivision file SUB/020004.
Transference of the closed roadway lands and consolidation will occur concurrently with
the registration of the subdivision. Utility rights-of-way are to be granted in favour of the
City, and ATCO Gas and Pipelines Ltd. The applicant is responsible for all costs
occasioned by this closure application.
5.
Surrounding Property Owners’ Concerns
No concerns were reported to the Planning and Development Department by the
surrounding property owners in response to the Department’s letter of pre-notification
sent February 4, 2002 regarding the three subject applications.
8
FILE: OP/02-0001
BYLAW 13177
FILE: ZB/02-0001
BYLAW 13178
FILE: LC/02-0004
DAVIES INDUSTRIAL
EAST
JUSTIFICATION
The Planning and Development Department recommends that the amendment to the Southeast
Industrial Area Outline Plan be APPROVED on the basis that it conforms to Plan Edmonton and
to planning principles separating industrial areas and residential areas; that the site’s proposed
development for medium industrial is preferable to the heavy industrial development that could
be allowed at this site by Plan Edmonton’s heavy industrial node designation; and that the
proposal represents a valued intensification of the site for fully serviced and environmentally
remediated medium industrial development.
The Planning and Development Department recommends that Bylaw 13177 to amend the Zoning
Bylaw from IH and AGI to IM be APPROVED on the basis that it conforms to the Southeast
Industrial Area Outline Plan, as proposed to be amended; that it is consistent with the
surrounding pattern of IM zonings and previous similar Council approvals; that it is compatible
with neighbouring developed medium industrial uses; and that it is supported by approved
environmental site remediation and servicing plans.
The Planning and Development Department recommends that Bylaw 13178 to close portions of
76 Avenue and 68 Street be APPROVED on the basis that the road closure areas are surplus to
the City’s needs and would form a productive part of the proposed medium industrial
development and servicing concepts.
ATTACHMENTS
2a
2b
2c
2d
2e
2f
Overview of Site Redevelopment Proposals
Approved Southeast Industrial Area Outline Plan
Amendment to the Southeast Industrial Area Outline Plan
Surrounding Land Use Zones and Air Photo
Proposed Rezoning
Proposed Road Closure
Written by: James Seltz
Approved by: Robert Caldwell
Planning and Development Department
August 6, 2002
9
ATTACHMENT 2a
13177_Att2a.pdf
ATTACHMENT 2b
13177_Att2b.pdf
ATTACHMENT 2c
13177_Att2c.pdf
ATTACHMENT 2d
13177_Att2d.pdf
ATTACHMENT 2e
13177_Att2e.pdf
ATTACHMENT 2f
13177_Att2f.pdf