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COUNCIL REPORT Meeting Date: June 9, 2009

Subject:

Bylaw NO.Og/01g - Land Use Bylaw Amendment to R4 - High Density Residential District

APPROVALS: Dennis Peck, General Manager, Planning and Development Kelly Kloss, Acting Chief Administrative Officer

Administration Recommendation: 1.

THAT Bylaw No. 09/019, being a Land Use Bylaw Amendment, be read a second time.

2.

THAT Bylaw No. 09/019 be read a third and tinal time.

Summary:

An application was received to amend the Land Use Bylaw (LUB) to increase density, decrease the setbacks for underground parkades and allow "Office" as a discretionary use on 6 lots (Lots 4,5,6,7 and 8, Block 1, Plan l268NY and Lot 3A, Block 1, Plan 2274NY). The application represents spot zoning, which is poor land use planning; however, the Planning and Development Department supports amending the R4 High Density Residential District (R4) to incorporate the overall concept requested. The authority to amend the Land Use Bylaw is vested with Council under the Municipal Government Act. Background:

A Development Pennit Application (#2008-0860) has been submitted for a building with 3104 m2 of commercialloffice space on the main and second floor, and 2 residential towers with a total of 240 units. The site is designated R4, and the developer has requested an amendment to increase the density, decrease the setbacks for the underground parkade to the prope11y lines and to pennit "Office" space as a discretionary use in the R4 district. The LUB presently pennits 325 units per hectare; however, the proposed amendment would increase that density to 647 units per hectare. The LUB allows underground parking facilities to encroach up to three metres into a required yard. In the R4 designation, this would still set the facility back from the propel1y boundary (front, side and rear yards would all have different setbacks). The proposed setback would pennit full utilization of a propel1y for underground parking. The Planning and Development Depm1ment does supp0l1 the applicant's request for the increased density, the reduced setback for the underground parkade, as well as listing "Office" as a discretionary use in the R4 district. Local upgrades to the municipal infrastructure will be addressed through development agreements after a development pelmit is issued. Timing of planned infrastructure upgrades may impact the proposed project.

Author: Lee-Anne Kumka Department: Planning and Development

1 /2

COUNCIL REPORT - Bylaw No.09/019

Land Use Bylaw Amendment to R4 - High Density Residential

Rationale for Recommendation(s): As the Planning and Development Department does not support spot zoning (ie. an amendment for a specific development site), since it goes against solid planning principles of ensuring that a sense of common land use activities are established and to provide surety of land use. Our recommendation is to accommodate the request by amending the R4 designation as a whole. While the applicant applied for a site specific amendment, a review of both the existing and draft Lower Townsite Area Redevelopment Plans suggests that this amendment can and should be applied to all R4 designated lands, which is found only within the Lower Townsite. The proposed amendment is consistent with the policies in the existing Lower Townsite Area Redevelopment Plan. This area is identified in the Plan as a High Density Residential Area and no distinction is made for maximum height or density. 00a14.7 of the Plan is:

"To develop a diverse but compatible mix o{retail, (d/ice, hotel, residential, and civie uses in a pedestrian environment" and "Encourage the intensification and il?filling (~{vacant and underutilized sites within the district. " The Plan is under review with an estimated completion in mid 2009. The revised draft plan identifies this portion of Manning Avenue as Medium High Density Mixed Use-Residential. The draft plan states:

"The intent o{ this District is to build up the area as a prime residential community offering a broad mix (?{ residential options, accommodating more multi-famil.v housing and apartments, similar to the newer residential developments in the area. Its proximity to the Central Business District, convenient access to Hwy. 63 and park space makes this a suitable area for intensification. " Policy 6.3 (5) of the draft plan also aims to:

"Encourage mixed uses in this District by permitting small retail uses at grade and on the secondfloor ofproperties."

(~ffice

and small

These statements supp0l1 an area of mixed use, but where the predominant use will be residential. The proposed amendment would allow greater use of sites (both density and area), and existing buildings would not be made non-conforming by the proposed amending bylaw.

Attachments: 1. Proposed Bylaw No. 09/019 2. Site Map

2/2

Attachment 1 BYLAW NO. 09/019 BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF \VOOD BUFFALO TO AMEND BYLAW NO. 99/059 BEING THE LAND USE BYLAWFOR THE REGIONAL MUNICIPALITY OF WOOD BUFFALO. WHEREAS Section 633 of the Municipal Government Act, R.S.A., 2000, Chapter M-26 and amendments thereto authorizes Council to enact a bylaw adopting a Land Use Bylaw. AND WHEREAS Section 191(1) of the Municipal Government Act, R.S.A., 2000, Chapter M26 and amendments thereto authorizes Council to adopt a bylaw to amend a Land Use Bylaw. NOW THEREFORE, the Regional Council of the Regional Municipality of Wood ButTalo, in the Province of Alberta, in open meeting hereby enacts as follows:

1.

THAT the Land Use Bylaw (R4 - High Density Residential District) is amended by: A. Adding "office" as a pennitted use in section 99.2 B. Deleting the existing text from section 99.5 (t) and inserting the following: "Density (maximum) 647 units/ha" C. Deleting existing text from section 133.3 (b)(i) and inserting the following: "A Development Officer may pennit a paJ'kade to encroach to the Property lines of the front, rear and side property lines provided the portion of the paJ'kade roof deck is suitable for use as amenity space by a development pennit."

2.

THAT the Chief Administrative Officer is authorized to consolidate this bylaw.

3.

THAT this bylaw shall be passed and become effective when it receives third reading and is signed by the Mayor and Chief Legislative Officer.

READ a first time this 26th day of May, A.D 2009.

READ a third and final time this

day of - - - - - - - - -,A.D. 2009. day 01' , A.D. 2009.

SIGNED and PASSED this

day 01'

READ a second time this

, A.D. 2009

Mayor

Chief Legislative Officer

Attachment 2

Snye

Land Use Bylaw Text Amendment N

For R4 • High Density Residential District W

E

s

NOTICE OF PUBLIC HEARINGS NOTICE is hereby given that the Council of the Regional Municipality of Wood Buffalo has scheduled a Public Hearing to take place on Tuesday, June 9, 2009 at 6:00 p.m. in the Jubilee Centre Council Chamber, Fort McMulTay, regarding Bylaw No. 09/019, which proposes various text amendments to Land Use Bylaw No. 99/059 (R4 - High Density Residential District) based on the following: Bylaw No. 09/019 - Land Use Bylaw Amendment to R4 - High Density Residential District The purpose of Bylaw No. 09/019 is to amend the Land Use Bylaw specific to the R4-High Density Residential District. The R4 zoning is found only within the Lower Townsite, as illustrated below. If approved, the amendment would allow for increased density, decreased setbacks for underground parkades, and office space as a discretionary use. The Planning and Development Department supports the proposed amendment.

A copy of the above-noted Bylaw and all related documents may be inspected by contacting the Planning and Development Department (309 Powder Drive, Timberlea Landing) or Legislative and Legal Services (7th Floor, Jubilee Centre, 9909 Franklin Avenue), between 8:30 a.m. and 4:30 p.m., Monday to Friday. Bylaw No. 09/019 is also available on the Municipality's website at www.woodbuffalo.ab.ca.

If you would like to appear before Council, you must forward a request to the Chief Legislative Officer, clearly stating your supp011 or opposition for the Bylaw, along with any related infonnation. Please ensure that your cOlTespondence includes a telephone number or email address at which you may be contacted. Unless otherwise advised, all speakers will have a maximum of five (5) minutes to speak. Submissions must be received by the Chief Legislative Officer by 12:00 noon on Wednesday, June 3, 2009. DATED at Fort McMulTay, Alberta this 29 th day of May, 2009. Surekha Kanzig Chief Legislative Officer Regional Municipality of Wood Buffalo Fort McMulTay, AB T9H 2K4 Fax: (780) 743-7028

REGIONAL MUNICIPALITY OF

WOOD BUFFALO

Council Meeting Jubilee Centre Council Chamber

Tuesday, June 9. 2009 6:00 p.m.

9909 Franklin Avenue. Fort McMurray

Agenda Call to Order

Opening Prayer

Adoption of Agenda

Minutes of Previous Meetings 1.

Special Council Meeting .... May 19. 2009

2.

Regular Meeting

h

May 26. 2009

Delegations 3.

Carl Clayton, Stantec Consulting and Ron Fraser, Alberta Transportation re: Highwav 63 through Fort McMurrav Construction Update

Those individuals in attendance at the meeting will be provided with an opportunity to address Council regarding an item on the agenda, with the exception ofthose items for which a Public Hearing is required or has been held Consistent with all delegations, each presentation will be allowed a maximum offive minutes.

Public Hearings 4.

Bylaw No. 09/019 - Land Use Bylaw Amendment to R4 - Ifigh Density Residential District

Bylaws 5.

Bylaw No. 09/019- Land Use Bylaw Amendment to R4··IIigh Densitv Residential District (:r d and Jrd readings)

20f2

6. readings)

7. 8. - Bylaw No. 09/021 reading) - Bylaw No. 09/022

Highway 63/881 Corridor Area Structure Plan Amendment (lSI Land Use Bylaw Amendment (r l reading)

9. 10.

Reports 11.

New and Unfinished Business

Updates • • •

Mayor's Update Reporting of Councillors on Boards and Committees Updme

Adjournment

2°°9

Subject:

Bylaw No.og/o1g -land Use Bylaw Amendment to R4 - High Density Residential District

APPROVALS: Dennis Peck, General Manager, Planning and Development Kelly Kloss, Acting Chief Administrative Officer

1.

THAT Bylaw No. 09/019, being a Land Use Bylaw Amendment, be read a second time.

2.

9

a

Summary: re(,eI1Vecl

to

a"!'vuLt

as use on 6 4, 5, 6, 7 and 8, Block I, Plan 1268NY and Lot 3A, Block I, Plan 2274NY). The application represents spot zoning, which is poor land use planning; however, the Planning and (R4) to with Council under the Municipal Government Act.

A Development Pennit Application (#2008-0860) has been submitted for a building with 3104 2 m of commercial/office space on the main and second floor, and 2 residential towers with a total is an to inclrea:;e the dCllSltV rl,~",._.",cp to pennit "Office" space as a discretionary use in the R4 district.

LUB to encroach up to three metres into a required yard. In the R4 designation, this would still set the facility back from the property boundary (front, side and rear yards would all have different

a The Planning and Development Department does support the applicant's request for the increased density, the reduced setback for the underground parkade, as well as listing "Office" as to will be a use in a develoflment planned infrastructure upgrades may impact the proposed project.

Author: Lee-Anne Kumka Der)artlmerlt: Pllnnr;ino and De'l'e!0IJment

II

R4

~

Rationale for Recommendation(s): As it of common land use activities are established and to provide surety land use. recommendation is to accommodate the request by amending the R4 designation as a whole.

Area can applied to all R4 designated lands, which is found only within the Lower Townsite. The proposed amendment is consistent with the policies in the existing Lower Townsite Area Redevelopment area is in as a Area no dis,til1lction 'o",ms:ite

4.7 "To develop a diverse but compatible mix ofretail, office, hotel, residential, and civic uses in a pedestrian environment" and "Encourage the intensification and un,de,'ut,ilized sites The Plan is under review with an estimated completion in mid 2009. The revised draft plan identifies this portion of Manning Avenue as Medium High Density Mixed Use-ResidentiaL The states:

"The intent of this District is to build up the area as a prime residential community offering a broad mix of residential options, accommodating more to newer to convenient access to Hwy. 63 and park space makes this a suitable area for intensification. "

"Encourage mixed uses in this District by permitting small office and small retail uses at grade and on the secondjloor ofproperties." statements

The proposed amendment would allow greater use of sites (both density and area), and existing buildings would not be made non-conforming by the proposed amending bylaw.

1. Proposed Bylaw No. 09/019 2. Site Map

2/

Attachment 1

BYLAW NO. 09/019 BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO AMEND BYLAW NO. 99/059 BEING THE LAND USE BYLAW FOR THE REGIONAL MUNICIPALITY OF WOOD BUFFALO. WHEREAS Section of the Municipal amenclme:nts thCI·eto autJl0rJzes ~v ... u~," to enact AND WHEREAS Section 191 (1) of the Municipal Government Act, R.S.A., 2000, Chapter M26 and amendments thereto authorizes Council to adopt a bylaw to amend a Land Use Bylaw. NOW THEREFORE, the PrCIVlIlce 1.

THAT the Land Use Bylaw (R4 High Density Residential District) is amended by: A. Adding "office" as a permitted use in section 99.2 B. text from C.

2.

Buffalo, in

Deleting existing text from section 133.3 (b)(i) and inserting the following: "A Development Officer may permit a parkade to encroach to the Property lines of rear the nrw1~inn

THAT the Chief Administrative Officer is authorized to consolidate this bylaw.

READ a first time this 26 th day of May, A.D 2009.

a sec,ond READ a third and final time __..,'

_ _ _ _ _ _ _ _ _, A.D.

day

_ _ _ _ _ _ _ _ , A.D. 2009.

Mayor

Attachment 2

land Use Bylaw Text Amendment. . h Density Residential District ForR4- Hig