LDA21-0442 Garneau 82 Avenue Rezoning

Under the Municipal Government Act and the City’s Zoning Bylaw, developers have the right to make rezoning applications and the City is obligated to process such applications and advance them to City Council for consideration.

City Council considers City Administration’s review and recommendation when making decisions on proposed rezonings.  City Administration has not yet taken a position of support or non-support on this proposed rezoning. 

Administration’s position will be determined by a thorough review of the proposal which involves a number of criteria, including:

1. Relationship to and compliance with approved Statutory Plans and City Council policy.  In this case, mainly the Garneau Area Redevelopment Plan and The City Plan.
   
   

2. Compatibility with surrounding development in terms of use, function and scale of development. This is where shadow impacts would be factored in.
   
   

3. Technical considerations, such as traffic impacts and relationship to, or impacts on, services such as water and sewage systems, public transit and other utilities and public facilities such as recreational facilities and schools;
   
   

4. Effect on stability, retention and rehabilitation of desirable existing Uses, buildings, or both in the area;
   
   

5. Necessity and appropriateness of the proposed Zone in view of the stated intentions of the applicant; and
   
   

6. Relationship to the documented concerns and opinions of area residents regarding the application. 

Zoning regulates how we use land and helps ensure what is built is compatible with the surrounding area. This includes what types of buildings are allowed on a site (eg. residential or commercial) and the basic size and shape of those buildings. 

Zoning does not regulate who can live or work in the buildings, how the buildings are operated once constructed, whether the property is rented or owned or the potential impact, positive or negative, on surrounding property values.  As a result, these factors cannot be taken into consideration as part of the rezoning application review. 

The exact location of parkade exhaust vents is something that will be determined at the Development Permit stage, should the rezoning be approved by Council.  It’s also important to note that under the Open Option Parking rules adopted by Council in 2020, developers can now choose how much on-site parking they provide with new developments. If the developer chooses to provide on-site parking, they can choose whether to provide it underground, at ground level or in an above ground parking structure.  

The Zoning Bylaw does not include specific regulations for the location or orientation of these vents, but the City makes every effort to ensure they are located as sensitively as possible when reviewing application drawings.  That said, it is common for the location with the least undesirable impacts to be the lane.  It is unlikely that the City will accept vents oriented towards the public sidewalk along Whyte Avenue. 

From a Building Code (and associated trade discipline) perspective, there are minimum clearance requirements from adjacent properties, building openings etc. for intake/exhaust air and appliance vent terminations. These will be reviewed through the permit application and construction stages should the rezoning be approved by Council.

The City reviews Building or Demolition Permit applications which may include details about the construction or demolition plans and methods. For the application to be processed, it must align with the National Building Code-Alberta Edition (the Building Code).

The Building Code doesn’t provide any details specific to vibration levels, but does require the owner of a construction or demolition site to ensure that work undertaken does not damage or create a hazard to adjacent properties. The City’s Community Standards Bylaw also contains a section about noise control related to construction activity, though it does not specifically mention vibrations.

The City does not provide ongoing proactive monitoring of construction or demolition sites, as it is the responsibility of the owner, professionals and builders to ensure the Building Code and related bylaws are observed. However, the City will investigate complaints related to construction activities, whether that be a potential violation of the Community Standards Bylaw, the Building Permit or Building Code.  If there is a violation, the City has the ability to issue a Stop Work Order and engage the site owner in addressing the issue(s).  

While the City does its best to try to reduce the risk of potential impacts to adjacent properties and ensure builders are following good construction practices through the above outlined permitting and enforcement practices, there are no assurances.  Prior to the start of neighbouring construction, homeowners are encouraged to consider:

• contacting their property insurer for advice

• documenting the current state of their property (e.g. photos of the yard, house exterior and fence) and

• Looking into options to assess their foundation and to document its current condition, if they have concerns about the potential effects of excavation or vibration.

The City’s residential infill webpage also has additional resources and information available for neighbours of infill. 

Zoning regulates how we use land and helps ensure what is built is compatible with the surrounding area. This includes what types of buildings are allowed on a site (eg. residential or commercial) and the basic size and shape of those buildings. Zoning does not regulate who can live or work in the buildings, how the buildings are operated once constructed, or whether the property is rented or owned.  As a result, these factors cannot be taken into consideration as part of the rezoning application review.

There are a variety of bylaws and legislative tools outside the Zoning Bylaw to ensure developments are well operated if they are approved. Issues related to noise from people or vehicles are regulated by the Community Standards Bylaw and the City will investigate complaints received about this bylaw being infringed.

At the Development Permit stage, when detailed site and building drawings are being reviewed, the City has the authority to require the applicant to provide a Crime Prevention Through Environmental Design (CPTED) Assessment to ensure common and public areas are designed in a way to minimize opportunities for crime.  The Edmonton Police Service has reviewed this proposed rezoning and did not express any concerns. 

The shadow impacts are something the City is reviewing and considering as part of it’s planning analysis of the proposed rezoning and will factor into the City’s overall recommendation to City Council.  However, if Council approves the zone, knowing what the shadow impacts are, there would not be any adaptation of the alley to address any loss of natural light.

The Zoning Bylaw requires waste collection areas for new developments to be entirely on site and screened from view from any adjacent sites. The applicant will be required to use space on their site to ensure the bins do not obstruct or sit in the lane. At the Development Permit stage, detailed site and building drawings will be reviewed by Waste Management Services to ensure the screening requirements are met, that the waste collection area is large enough to accommodate the required number of bins on site, and that the City’s collection vehicles will be able to access them.  If the building is constructed and the planned location and operations for waste collection are not being followed, concerns can be raised to the City by contacting 311.

If the rezoning is approved, improvements to the lane will be required at the developer’s expense upon the site’s redevelopment. This includes repaving the lane and potentially having the site provide a half-metre, hard-surfaced setback free of obstructions (to effectively expand the lane) depending on the anticipated vehicular activity. Site access and lane upgrade requirements will be further reviewed at the development permit stage.

The City does not provide compensation for lost property value due to a rezoning or redevelopment. Under the Municipal Government Act and the Zoning Bylaw, property owners and developers have the right to submit rezoning applications and the City is obligated to process such applications and advance them to City Council for consideration. With that said, we understand that these kinds of changes to zoning can have impacts on surrounding properties, which is why the rezoning process is public, transparent, and ultimately decided by elected representatives on City Council.