The Edmonton Zoning Bylaw

Bylaw 13090
A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No.168
WHEREAS Lots 29 and 30, Block 48, Plan 6800 AK, located at 10306 – 82 Street, Forest Heights, Edmonton, Alberta, are specified on the Zoning Map as (CNC) Neighbourhood Convenience Commercial 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 Lots 29 and 30, Block 48, Plan 6800 AK, located at 10306 – 82 Street, Forest Heights, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (CNC) Neighbourhood Convenience Commercial Zone to (RF3) Low Density Development 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”

DESCRIPTION: ZONING BYLAW AMENDMENT from (CNC) Neighbourhood Convenience Commercial Zone to (RF3) Low Density Development Zone; FOREST HEIGHTS
LOCATION: Located at 10306 – 82 Street NW
LEGAL

DESCRIPTION: Lots 29 and 30, Block 48, Plan 6800 AK
APPLICANT: Donald Dushinski

9925 – 78 Street

Edmonton AB T6A 3E1
OWNER: Audrey Lynn Lakusta

8126 – 24 Avenue

Edmonton AB T6K 2W4
ACCEPTANCE OF

APPLICATION: March 4, 2002
EXISTING

DEVELOPMENT: Commercial Structure

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION: That Bylaw 13090 to amend the Zoning Bylaw from (CNC) Neighbourhood Convenience Commercial Zone to (RF3) Low Density Development Zone be APPROVED.

DISCUSSION
1. The Application
This application proposes to rezone a corner property in the Forest Heights Neighbourhood from (CNC) Neighbourhood Convenience Commercial Zone to (RF3) Low Density Development Zone. The purpose of this application is to accommodate a four-unit row housing development. The applicant is aware that row housing is a discretionary use opportunity under the RF3 Zone and that the Mature Neighbourhood Overlay is in place for the Forest Heights Neighbourhood which, among other things, prohibits front drive access to individual properties and reduces the maximum allowable height of structures in the RF3 Zone from 10.0 m to 8.6 m.
2. Site and Surrounding Area
The subject property is located on the northwest corner of 103 Avenue and 82 Street. The property currently contains a commercial structure which houses a wine and beer making store.
The site is located west of the Forest Heights Elementary School. On the southwest corner of the above noted intersection, is another (CNC) Neighbourhood Convenience Commercial site which accommodates office uses. The predominant surrounding zoning is (RF3) Low Density Development Zone and is largely made up of single detached dwellings with some scattered semi-detached homes and fourplexes in the neighbourhood.



View of site looking northwest from the corner of 103 Avenue and 82 Street.
ANALYSIS
1. Compliance with Approved Plans and Land Use Compatibility
The subject site is not located within a community plan area.
The proposed rezoning complies with the following Plan Edmonton Strategies:
“Strategy 1.1.1 Provide for choices regarding the types of development in which people want to live and do business.
Strategy 1.3.5 Support increased densities of land use through infill development that is sensitive to existing development.
Strategy 1.5.2 Encourage rehabilitation, redevelopment and infilling to increase the amount and quality of housing in mature neighbourhoods.”
The proposed rezoning would accommodate an increase in the range of housing types (at slightly increased densities) in an older, predominantly single detached community.
The proposed zoning matches the predominant zoning in the neighbourhood.
2. Transportation and Utilities
The Transportation and Streets Department and all other affected civic agencies have no outstanding concerns regarding this application.
3. Surrounding Property Owners’ Concerns
The Planning and Development Department has received five phone calls in response to its letter of notification. All five callers expressed a concern regarding the declared intention of the applicant to construct a four-unit rowhouse development (which is a Discretionary Use within the RF3 Zone) on the site. These concerns were related to privacy, property values, parking, tenure, and character of the neighbourhood. These planning related concerns will be taken into consideration if and when the applicant applies for a Discretionary Use permit.
The applicant has already consulted with a Development Officer regarding the possibility of row housing on the site and was advised that any future development proposal must conform with the Mature Neighbourhood Overlay and that its compatibility with surrounding development would be a consideration in any decision regarding a development application.


JUSTIFICATION
The Planning and Development Department recommends that Bylaw 13090 be APPROVED on the basis that it is compatible with the surrounding area.

ATTACHMENT
2a Maps

Written by: Susan Chychota

Approved by: Robert Caldwell

Planning and Development Department

May 6, 2002

ATTACHMENT 2a

13090_Attachment2a.pdf

2

13090_page2.pdf