DC2 727

Charlesworth - located at the northeast corner of the intersection of Ellerslie Road (9 Avenue SW) and 50 Street SW

Bylaw 14981 (September 10, 2008)

The purpose of this provision is to provide for an area of public land for active and passive recreational uses; stormwater management; the conservation of Natural Area (SE 132) within the site; and to allow for remediation of the contaminated portions within the site.

This Provision shall apply to SW¼ 25-51-24-W4, containing 56 hectares, more or less, located at the northeast corner of the intersection of Ellerslie Road (9 Avenue SW) and 50 Street SW, as shown on Schedule ”A” of the Bylaw adopting this Provision.

For general purposes, the site area will consist of the following two areas, generally as shown in Appendix 1:

Area A

Area B (Contaminated; Remediated)

Within Area A and Area B
a. Carnivals, for periods not exceeding four days
b. Child Care Services
c. Community Recreation Services
d. Indoor Participant Recreation Services
e. Outdoor Participant Recreation Services
f. Public Park
g. Public Libraries and Cultural Exhibits
h. Spectator Entertainment Establishments
i. Spectator Sports Establishments
j. Private Clubs
k. Restaurants, when designed as an integral and accessory component of Community Recreation Services, Indoor Participant Recreation Services, Natural Science Exhibits, Public Libraries and Cultural Exhibits, Spectator Entertainment
l. Establishments, Spectator Sports Establishments, or Private Clubs. This may include temporary food services, including but not limited to beer gardens and mobile food services, at the discretion of the Development Officer.
m. Specialty Foods Services, when designed as an integral and accessory component of Community Recreation Services, Indoor Participant Recreation Services, Natural Science Exhibits, Public Libraries and Cultural Exhibits, Spectator Entertainment Establishments, Spectator Sports Establishments, or Private Clubs. This may include temporary food services, including but not limited to beer gardens and mobile food services, at the discretion of the Development Officer.
n. Natural Science Exhibits
o. Land Treatment
p. Minor Impact Utility Services
q. Natural Areas (SE 132), as identified in the City of Edmonton’s Inventory of Environmentally Sensitive and Significant Natural Areas
r. Fascia On-premises Signs
s. Projecting On-premises Signs, except for Natural Area SE 132
t. Freestanding On-premises Signs
u. Temporary On-premises Signs, except for Natural Area SE 132
Within Area A
a. The Developer shall comply with the regulations regarding roadway improvements as listed in Appendix 2.
b. The minimum Yard along 50 Street shall be 6.0 m.
c. The minimum Yard along the Transportation and Utility Corridor shall be 4.5 m.
d. The minimum Yard along the Eastern boundary shall be 7.5 m.
e. The minimum Yard along Ellerslie Road shall be 4.5 m.
f. Where it is unreasonable for a development to comply with clause (1), (2), (3), or (4) because of characteristics fundamental to the provision of infrastructure services or roadways, the Development Officer may relax requirements of clause (1), (2), (3) or (4).
g. The maximum building Height shall be 17.0 m.
h. Signs shall comply with the regulations in Schedule 59C, except for signs in Natural Area SE 132, which shall comply with regulations in Schedule 59K.
i. Natural Area SE 132 shall comply with Section 531.4 of the Zoning Bylaw.
j. The Development Officer shall ensure that the following studies have been completed and approved prior to issuance of a Development Permit: Historical Resources Overview, Natural Site Assessment Stage 1, Natural Site Assessment Stage 2, and Natural Area Management Plan.
Within Area B
a. The maximum building Height shall be 17.0 m.
b. Signs shall comply with the regulations in Schedule 59C.
c. The Development Officer shall ensure that the Historical Resources Overview has been completed and approved prior to issuance of a Development Permit.
d. The Development Officer shall require, as a condition of approval, that the following requirements are fulfilled:
 
i. a remediation report under seal from an engineer confirming that an acceptable level of remediation has been completed and has been approved by the City, in consultation with Alberta Environment and the Capital Health Authority, for all allowable Uses outlined in subsection 3;
ii. evidence in the form of a letter from the Planning and Development Department of the City, the Capital Health Authority and Alberta Environment that the work has passed final inspection and meets all applicable City bylaw requirements including development, zoning, building and occupancy requirements and all safety codes and regulatory requirements as set out by Alberta Environment and the Capital Health Authority.

Bylaw attachments