Bylaw 14668 A Bylaw to amend Bylaw 12800, as amended, The Edmonton Zoning Bylaw Amendment No. 837 WHEREAS a portion of Block F, Plan 776NY, located west of 165 Street NW and south of 99 Avenue NW, Glenwood, Edmonton, Alberta, is specified on the Zoning Map as (US) Urban Services Zone; and WHEREAS an application was made to rezone the above described property to (RA7) Low Rise Apartment 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 Block F, Plan 776NY, located west of 165 Street NW and south of 99 Avenue NW, Glenwood, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (US) Urban Services Zone to (RA7) Low Rise Apartment Zone. READ a first time this day of , A. D. 2007; READ a second time this day of , A. D. 2007; READ a third time this day of , A. D. 2007; SIGNED and PASSED this day of , A. D. 2007. THE CITY OF EDMONTON ____________________________________ MAYOR ____________________________________ CITY CLERK 2/2 SCHEDULE “A BYLAW 14668 DC2 (608) DC2 (607) DC2 US (292) RF5 RF1 RA7 US to RA7 RF1 US AP RF5 US to RA7 N ” ATTACHMENT 2 BYLAW 14668 FILE: LDA06-0149 GLENWOOD DESCRIPTION: ZONING BYLAW AMENDMENT from (US) Urban Services Zone to (RA7) Low Rise Apartment Zone; GLENWOOD LOCATION: 9810-165 Street NW; west side of 165 Street, south of 99 Avenue LEGAL DESCRIPTION: Plan 776NY, all that portion of Block F, lying south of Plan 7920828 and north of Plan 5417NY APPLICANT: John Byrne, on behalf of the owner Suite 1050, 10405 Jasper Avenue Edmonton, Alberta T5J 3N4 OWNER: Innovative Housing Society 9810-165 Street Edmonton, Alberta T5P 3S7 ACCEPTANCE OF APPLICATION: EXISTING DEVELOPMENT: PLANNING AND DEVELOPMENT DEPARTMENT’S RECOMMENDATION: September 27, 2006 Overflow parking lot _______________________________________________________ That Bylaw 14668 to amend the Zoning Bylaw from (US) Urban Services Zone to (RA7) Low Rise Apartment Zone be APPROVED. 1 BYLAW 14668 FILE LDA06-0149 GLENWOOD DISCUSSION 1. The Application This application proposes to rezone the subject site from (US) Urban Services Zone to (RA7) Low Rise Apartment Zone to allow for the development of a low-rise apartment building. The stated intent of the applicant is to provide condominium apartment housing for adults over 55 years of age and disabled persons of any age, and for the apartment building to be physically connected via an enclosed walkway with the convent and assisted living complex immediately to the south. 2. Site and Surrounding Area The subject site is currently utilized as an overflow parking lot for the Grey Nuns convent and the assisted living complex operated by the Innovative Housing Society, which share the use of the building on site. The applicant intends to replace the parking lot with a lowrise apartment building. Surrounding lands are a mixture of land uses. Directly to the north is a lot zoned RA7 and developed with low-rise apartment buildings. To the immediate south and west is the existing assisted living/convent complex. Further west of the site, buffered by green space on the assisted living/convent site, are single-family homes (RF1) which front onto 167 Street. Across 165 Street to the east are single-family homes (RF1). View of site from the east side of 165 Street 2 BYLAW 14668 FILE LDA06-0149 GLENWOOD ANALYSIS 1. Compliance with Approved Plans and Land Use Compatibility There is no Neighbourhood Structure Plan or other neighbourhood level planning document in effect for the Glenwood neighbourhood. The Municipal Development Plan (MDP), designates this area as “Mature Area”. The proposal is consistent with the policies set out in the MDP to support increased densities of land use through infill development that is sensitive to existing development and to encourage rehabilitation, redevelopment and infilling to increase the amount and quality of housing in mature neighbourhoods. The subject site meets the site requirements for the development of low-rise apartment housing in the proposed RA7 Zone. Detailed building and site design will be reviewed at the subdivision and development permit stages. The proposed uses are compatible with surrounding uses, with low-rise apartments existing to the north and medium-density residential existing to the south of the assisted living/convent complex. Single-family residential to the west is buffered by green space on-site, and single-family homes to the east across 165 Street are separated by the collector roadway. The applicant’s stated intent for the apartment building also indicates good compatibility with the assisted living/convent complex, as it could offer residents of the assisted living facility the possibility of having relatives live nearby. 2. Smart Choices Assessment The Smart Choices initiatives of Neighbourhood Reinvestment and Residential Infill are advanced with this rezoning. This involves private reinvestment in an older neighbourhood and an increase in housing choices, and is compatible with the scale and intensity of surrounding residential development. The project will also contribute to the improvement of infrastructure through the construction of a sidewalk and bus stop pad along 165 Street. 3. Civic Departments and External Agencies The Transportation Department has expressed no objections to the application, and advises that development in the rezoning area would impact parking for the assisted living/convent complex. The Transportation Department advises that parking needs for that facility must be addressed through the Development Permit process: “Development of the proposed RA7 site must provide adequate parking to serve that development and include a comprehensive review of the redevelopment of the Grey Nuns (assisted living/convent complex) site to ensure parking for that site is not compromised”. A note to that effect has already been placed on file. Should additional parking be required in future for the assisted living/convent complex, adequate space exists on site for that purpose. 3 BYLAW 14668 FILE LDA06-0149 GLENWOOD The Parks Branch of Asset Management and Public Works expressed no objections to the proposed rezoning. All other civic departments and external agencies expressed no objections. An Environmental Site Assessment submitted in conjunction with this application was approved by the Environmental Planning Group of the Planning and Development Department. 4. Surrounding Property Owners’ Concerns The Planning Department sent an advance notice to 421 surrounding property owners and the Glenwood Community League on January 8, 2007. The Department received four phone calls and two emails in opposition to the application. The reasons given for opposition included the sense that Glenwood was already quite dense, that such a development would bring in too much traffic and that the 4 storeys allowed in the RA7 zone was too high for the area. In response, the Planning Department explained that policy direction in the MDP and Smart Choices program lend support to intensification of this sort in mature neighbourhoods. The Department also discussed the compatibility of the proposed uses and built form on the site, considering the fact that similar development, 4 storey apartment buildings to the north, already exists in the area. The Planning Department received 2 phone calls and 1 email indicating conditional support for this application. These citizens were supportive of certain uses, such as the potential for the proposed apartment building to be developed as housing for disabled persons and their families, but withheld their support if the intent was for an apartment building to be rented or sold to the general public. The applicant has indicated that their intention for the property is to develop a condominium for disabled persons and their families. In response, the Planning Department explained that land owners have the right to pursue a variety of uses within the RA7 zone, and cannot be limited to disabled housing only. While this may be the applicant’s intention, the zoning bylaw cannot ensure it. A public meeting was held on February 1, 2007 and was attended by 44 members of the public. Concerns expressed at this meeting included shadowing impacts on neighbouring properties and privacy for single-detached homes to the east. The applicant indicated that they intend to address these concerns through setbacks which are greater than the required minimum and building height which is less than the maximum allowed in the RA7 zone. The applicant also described how they will be limiting uses and tenancy through conditions on the sale agreement. A second public meeting was held on March 13, 2007 and was attended by 26 members of the public. Major concerns brought up at this meeting were the cumulative effects of 4 BYLAW 14668 FILE LDA06-0149 GLENWOOD redevelopment on the neighbourhood, especially worries about increasing traffic levels and the amount and quality of park space. Some attendees suggested that Glenwood had “already done enough” in terms of allowing higher density redevelopment. The Department responded to these comments by explaining existing city policy on infill and redevelopment (MDP and Smart Choices) and how similar development already exists in the area. In response to concerns that increased traffic volumes may be generated by this proposal, it was noted that the Transportation Department has determined 165 Street to have sufficient capacity to handle the additional traffic that such a development would generate. In response to the concerns over available park space in the neighbourhood, it was noted that 2 parks and 2 school park sites exist within a 4block radius of the proposal area. JUSTIFICATION The Planning and Development Department recommends that Bylaw 14668 be APPROVED on the basis that the proposed rezoning will allow an opportunity for infill and redevelopment in compliance with the Municipal Development Plan and is compatible with the existing development within the surrounding area. ATTACHMENT 2a Maps Written by: Tom Young Approved by: Tim Ford Planning and Development Department September 24, 2007 5 ATTACHMENT 2a 14668_Att2a.pdf 2 14668_pg2.pdf