APPROVED As to Form ___________________ CITY SOLICITOR Bylaw 13387 A Bylaw to amend Bylaw 12800, as amended, The Edmonton Zoning Bylaw Amendment No. 303 WHEREAS Lot A, Plan 842 0598 and Lot C, Plan 982 4950, located south of 151 Avenue and west of Victoria Trail, Kirkness, Edmonton, Alberta, are specified on the Zoning Map as (RF4) Semidetached Residential Zone; and WHEREAS an application was made to rezone the above described property to (RF3) Low Density Development 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 A, Plan 842 0598 and Lot C, Plan 982 4950, located south of 151 Avenue and west of Victoria Trail, Kirkness, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (RF4) Semi-detached Residential Zone to (RF3) Low Density Development 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” BYLAW 13387 AG RF1 RF4 to RF3 AGU RF4 US RF4 RF4 CNC RF1 AP RA7 RF4 to RF3 N ATTACHMENT 2 BYLAW 13387 FILE: ZB/03-0002 KIRKNESS DESCRIPTION: ZONING BYLAW AMENDMENT from (RF4) Semi-detached Residential Zone to (RF3) Low Density Development Zone, KIRKNESS LOCATION: North of 151 Avenue and west of Victoria Trail LEGAL DESCRIPTION: Plan 842 0598, Lot A and Plan 982 4950, Lot C APPLICANT: Pro Consulting Design and Building 4914 – 20 Avenue Edmonton AB T6L 3C9 OWNER: Pro Consulting Design and Building 4914 – 20 Avenue Edmonton AB T6L 3C9 ACCEPTANCE OF APPLICATIONS: EXISTING DEVELOPMENT: PLANNING AND DEVELOPMENT DEPARTMENT’S RECOMMENDATION: January 10, 2003 Vacant land _______________________________________________________ That Bylaw 13387 to amend the Zoning Bylaw from (RF4) Semidetached Residential Zone to (RF3) Low Density Development Zone, be APPROVED. 1 BYLAW 13387 FILE: ZB/03-0002 KIRKNESS DISCUSSION 1. The Application The application (ZB/03-0002) proposes to amend the Zoning Bylaw for a 0.6 ha parcel of land in the Kirkness neighbourhood from (RF4) Semi-detached Residential Zone to (RF3) Low Density Development Zone. The intent of the proposed rezoning is to allow for the development of low density residential development, including Duplex Housing, Single Detached and Semi-Detached Dwellings, and Apartment or Stacked Row Housing, of no more than four dwellings per building, as discretionary uses. 2. Site and Surrounding Area The site proposed for rezoning is currently undeveloped, with development to the north, south, east and west. It is located in the northeast corner of the Kirkness neighbourhood, being north of 151 Avenue and west of Victoria Trail. Lands to the north and west of the subject site are zoned a mix of (RF1) Single Detached Residential Zone, and (AG) Agricultural Zone and developed for single detached housing and vacant land. Properties to the south are zoned (RF5) Row Housing Zone and developed for rowhousing units. Properties to the east, within the Fraser Neighbourhood, are zoned (RF4) Semi-detached Residential Zone and developed for single detached houses. Victoria Trail is located on the eastern edge of the site and forms the boundary between the Kirkness and Fraser Neighbourhoods. An existing neighbourhood commercial site (with CNC zoning) is located diagonally across Victoria Trail from the subject site, in a southeast direction. This site contains a number of small neighbourhood level convenience commercial uses servicing the need of the immediate communities of Fraser and Kirkness. View of site looking southwest from Victoria Trail 2 BYLAW 13387 FILE: ZB/03-0002 KIRKNESS View of site looking northeast on 151 Avenue. ANALYSIS 1. Compliance with Approved Plans and Land Use Compatibility The proposed rezoning is in compliance with the intent of the Kirkness Neighbourhood Outline Plan, which designates the subject site for LDR – Low Density Residential uses. The (RF3) Low Density Development Zone provides primarily for Single Detached and Semi-detached Housing while allowing small-scale conversion and infill redevelopment to housing forms containing up to four Dwellings per building. By its nature, the RF3 Zone promotes the development of low density residential development with limited intensification. The housing forms allowed in the RF3 Zone are compatible in scale, height and use with the surrounding land uses, which includes rowhousing, developed to the south across 151 Avenue, and single detached housing to the north and west. 2. Transportation and Utilities The Transportation and Streets Department, the Drainage Services Branch of the Asset Management and Public Works Department, and EPCOR Water (Network Services) expressed no objection to the proposed rezoning and plan amendment. 3. Community Services and Schools The Community Services Department and Edmonton Public Schools have indicated that they have no objections to the proposed rezoning. 3 BYLAW 13387 FILE: ZB/03-0002 KIRKNESS 4. Surrounding Property Owners’ Concerns Advance notices were mailed to the surrounding property owners, the Hairsine Community League, and the Ward Councilors on February 5, 2003, advising them of the proposed rezoning and their opportunity to contact the Planning and Development Department with any questions or concerns. The Planning and Development Department received calls from three residents regarding the proposed application and two written communications indicating concerns about the proposal. The callers and written correspondence expressed concerns regarding: potential increases in traffic and density in the area; potential reduction of property values attributed to the rezoning; loss of privacy for surrounding residential lots resulting from development of 2 ½ storey housing units; and the potential for rental versus owner occupancy in the new units. In response to the questions and concerns raised, the following information was provided: There is limited intensification allowed within the RF3 Zone. Stacked Row Housing and Apartment Housing uses are limited to 4 units per building and are discretionary uses, and as such, subject to appeal to the Subdivision and Development Appeal Board. Although development of either of these discretionary uses could moderately increase the number of dwelling units in this portion of the Kirkness neighbourhood, the Transportation and Streets Department do not expect the development to significantly increase traffic in the area over what is expected to result from full build-out of this area; The Planning and Development Department has no information indicating that development as regulated under the RF3 Zone will have a detrimental affect on surrounding property values, given that the development would be similar in scale, height and use; the maximum height for buildings developed under the existing RF4 Zone is the same as under the proposed RF3 Zone and the adjacent RF1 Zone; namely, 2 ½ storeys and 10 m. Furthermore, development permits for all residential uses take into account separation distances, requirements for 7.5 m rear yards and placement of windows to reduce the risk of loss of privacy prior to approval; and the Zoning Bylaw does not control the issue of ownership for new dwellings; simply the uses and built forms available. 4 BYLAW 13387 FILE: ZB/03-0002 KIRKNESS JUSTIFICATION The Planning and Development Department recommends that Bylaw 13387 to amend the Zoning Bylaw from (RF4) Semi-Detached Residential Zone to (RF3) Low Density Development Zone be APPROVED. The proposed rezoning is in conformance with the Kirkness Neighbourhood Outline Plan. The proposed rezoning to RF3 will allow for several uses that are not currently listed as permitted or discretionary residential type uses within the current RF4 zoning. However, this rezoning is not deemed to have a significant or detrimental traffic or built form impacts upon surrounding land uses or the community as a whole, beyond what could have been expected under the existing RF4 zoning. ATTACHMENTS 2a Maps Written by: Marcus Howard Approved by: Robert Caldwell Planning and Development Department April 14, 2003 5 ATTACHMENT 2a 13387_Att2a.pdf 2 13387_pg2.pdf