Bylaw 13354
A Bylaw to amend Bylaw 12800, as amended,
The Edmonton Zoning Bylaw
Amendment No.282
WHEREAS Lot 256, Block 5, Plan B4, located north of 107 Avenue and west of 105 Street,
Central McDougall, 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 (CB1) Low
Intensity Business 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 256, Block 5, Plan B4, located north of 107 Avenue and
west of 105 Street, Central McDougall, Edmonton, Alberta, which lands are shown on the sketch plan
annexed hereto as Schedule “A”, from (US) Urban Services Zone to (CB1) Low Intensity Business Zone.
READ a first time this
day of
, A. D. 2003;
READ a second time this
day of
, A. D. 2003;
READ a third time this
day of
, A. D. 2003;
SIGNED and PASSED this
day of
, A. D. 2003.
THE CITY OF EDMONTON
_______________________________________
MAYOR
_______________________________________
CITY CLERK
2/2
SCHEDULE “A”
13354_SchA.pdf
ATTACHMENT 2
BYLAW 13354
FILE: ZB/03-0013
CENTRAL MCDOUGALL
DESCRIPTION:
ZONING BYLAW AMENDMENT from (US) Urban Services
Zone to (CB1) Low Intensity Business Zone; CENTRAL
McDOUGALL
LOCATION:
10714 - 105 Street
LEGAL
DESCRIPTION:
Lot 256, Block 5, Plan B4
APPLICANT/OWNER:
ACCEPTANCE OF
APPLICATION:
EXISTING
DEVELOPMENT:
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION:
Edann Holdings Ltd.
10510 - 107 Avenue
Edmonton, AB T5H 0W2
February 3, 2003
Surface parking lot
_______________________________________________________
That Bylaw 13354 to amend the Zoning Bylaw from (US) Urban
Services Zone to (CB1) Low Intensity Business Zone be
APPROVED.
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BYLAW 13354
FILE: ZB/03-0013
CENTRAL MCDOUGALL
DISCUSSION
1.
The Application
This application proposes to amend the Zoning Bylaw from (US) Urban Services Zone to
(CB1) Low Intensity Business Zone for Lot 256, Block 5, Plan B4. Lot 256 is presently
developed with a surface parking lot for approximately 22 vehicles.
The applicant is also the owner of Lot 239, Block 5, Plan B4, located at
10508 - 107 Avenue, which is zoned CB1. The building on Lot 239 was formerly an
Emergency Medical Services (EMS) Station. The Development Appeal Board (DAB)
approved the use of Lot 256 as an accessory parking lot to the EMS Station on Lot 239 in
December 1982. As a condition of the DAB approval, Lot 256 was subsequently rezoned
to the US Zone by Bylaw 7231 in 1983.
In March 2002, the owner made a Development Permit Application (#13035974-002) to
use a portion of the 107 Avenue building for a Professional, Financial, and Office
Support Services use, as the EMS Station had vacated that location. The application
indicated that the owner intended to use the surface parking lot on Lot 256 for the
Professional, Financial, and Office Support Services use on Lot 239. The Permit was
refused on the basis that off-site parking can only be allowed if the Use Class that gives
rise to the parking requirement is a Permitted or Discretionary use on the site to be used
for accessory parking (Section 54.2.2.d(ii) of the Zoning Bylaw). Professional, Financial,
and Office Support Services is neither Permitted nor Discretionary in the US Zone.
To allow Lot 256 to be used for parking for the 107 Avenue development, the owner has
applied to rezone Lot 256 to CB1. The CB1 Zone allows Professional, Financial, and
Office Support Services as a Permitted use. This would enable the existing surface
parking lot on Lot 256 to be used as off-site parking for the Professional, Financial, and
Office Support Services use proposed on Lot 239.
2.
Site and Surrounding Area
The lands affected by this application are located on the west side of 105 Street and north
of 107 Avenue. The site is currently developed with a surface parking lot for 22 stalls.
To the immediate north of the site is an existing single detached dwelling developed
under the RA8 Zone. Further to the north and northeast are low rise apartment buildings
also developed under the RA8 Zone. Directly to the east and south of the subject site are
lands developed with commercial uses under the CB1 Zone. Further to the south across
107 Avenue are lands developed for commercial uses. To the immediate west across the
lane are properties developed for commercial and low rise apartment uses under the
CB1 Zone. To the northwest are lands developed with a mixture of single detached
dwellings and low rise apartments developed under the RA8 Zone.
2
BYLAW 13354
FILE: ZB/03-0013
CENTRAL MCDOUGALL
View of site looking west from 105 Street and between 107 Avenue and 108 Avenue.
View of site looking east from the lane between 107 Avenue and 108 Avenue (west of 105 Street).
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BYLAW 13354
FILE: ZB/03-0013
CENTRAL MCDOUGALL
ANALYSIS
1.
Compliance with Approved Plans and Land Use Compatibility
The proposed rezoning conforms to the Central McDougall/Queen Mary Park Area
Redevelopment Plan (ARP) which designates the subject parcel for commercial
development as part of the 107 Avenue commercial corridor.
In terms of land use compatibility, the applicant intends to continue to use the site for
surface parking, which would be an acceptable use adjacent to the RA8 Zone properties
to the immediate north. If the site were redeveloped for another use under the CB1 Zone,
this Zone contains provisions to ensure that development shall be sensitive and in scale
with existing development along a commercial street and any surrounding residential
neighbourhood.
2.
Transportation and Utilities
The Transportation and Streets Department advised that is has no objections to the
proposed rezoning. However, it advised that the existing one-way access from the site to
105 Street is sub-standard in width and is located between two boulevard trees.
Transportation and Streets would prefer that the access be closed and the sidewalk and
curb/gutter be restored. In this regard, it should be noted that a valid crossing permit was
previously issued for this access to 105 Street. Access to the lane west of 105 Street is
also existing and will remain.
The Drainage Services Branch of the Asset Management and Public Works Department
advised that it has no objections to the proposed rezoning. No storm or sanitary sewer
service connections exist to the subject lot. Any new development on the site will require
connections to the existing 450 mm storm and 300 mm sanitary sewers within the lane
west of 105 Street.
EPCOR Water Services has advised that water service to the subject site is available
through a connection to an existing 150 mm water main within the lane west of
105 Street.
No other Civic Department or affected private utility agency has any outstanding
concerns regarding this proposal.
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BYLAW 13354
FILE: ZB/03-0013
CENTRAL MCDOUGALL
3.
Surrounding Property Owners’ Concerns
In response to the Advance Notification sent out to surrounding property owners
regarding the proposed rezoning, the Planning and Development Department received
two telephone calls. One call expressed concern that the proposed rezoning would lower
property values of the residential lands to the north of the site. In response, the Planning
and Development Department advised that the proposed rezoning conforms to the Central
McDougall/Queen Mary Park ARP, which designates the site for commercial uses as part
of the 107 Avenue commercial corridor.
One telephone call was from the President of the Central McDougall Community League,
who expressed concern that if the subject site were redeveloped for uses other than
accessory parking under the CB1 Zone, that the professional, financial, and office support
services uses on Lot 239 would no longer have the required parking needed. In this
regard, the Planning and Development Department advised that if the surface parking lot
was redeveloped for another use under the CB1 Zone, then the owner would be in breach
of the conditions of approval for the development permit on Lot 239. To provide
additional attention to this situation, the Planning and Development Department will
attach a warning comment through the POSSE system for both Lot 239 and Lot 256 to
ensure that the Development Officer is aware that the parking on Lot 256 is connected to
any development on Lot 239.
JUSTIFICATION
The Planning and Development Department recommends that Bylaw 13354 be APPROVED on
the basis that the proposed rezoning conforms to the Central McDougall/Queen Mary Park Area
Redevelopment Plan and it meets the technical requirements of the City and utility departments
and agencies.
ATTACHMENT
2a
Maps
Written by: David Johnston
Approved by: Robert Caldwell
Planning and Development Department
March 17, 2003
5
ATTACHMENT 2a
13354_Att2a.pdf
2
(13354)
13354_Pg2.pdf