Newcastle Area Redevelopment Plan Bylaw #03.85

Drumheller, Alberta

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CITY OF DRUMHELLER By-law 3-85 Newcastle Area Redevelopment Plan for the City of Drumhe l ler. WHEREAS, pursuant to Section 65 of the Planning Act 1980 as amended, Council may, by by-law passed in accordance with Part 6, adopt a plan to be known as "The Newcastle Area Redevelopment Plan 11 - WHEREAS, Council by Resolution did authori ze the preparation of 11 The Newcastle Area Redevelopment Plan" by the Palliser Regional Pl anning Commission. NOW THEREFORE, THE COUNCIL OF TH E CITY OF DRUMHELL ER ENACTS AS FOLLOWS: l ) This By-l aw may be cited as 11 The Newcastl e Area Redevelopmen t Pl an 11 - 2) Council adopts as the Area Redevelopment Plan for those lands contained within the Plan boundaries, "The Newcastle Area Redevelopment Plan" in its entirety. 3) Council adopts as "The Newcastle Area Redevelopment Plan" this text and accompanying figures. READ A FIRST TIME this 4th day of March 1985 . READ A SECOND TIME thi s 28th day of October , 1985. READ A THIRD TIME this 28th day of October , 1985 . CITY OF DRUMHELLER NEWCASTLE AREA REDEVELOPMENT PLAN Adopted October 28th, 1985 City of Drumheller By-law 3-85 Newcastle Area Redevelopment Plan for the City of Drumheller. WHEREAS, pursuant to Section 65 of the Planning Act 1980 as amended, Council may, by by-law passed in accordance with Part 6, adopt a plan to be known as "The Newcastle Area Redevelopment Plan". WHEREAS, Council instructed the Palliser Regional Planning Commission to arrange the preparation of "The Newcastle Area Redevelopment Plan" . NOW THEREFORE, THE COUNCIL OF THE CITY OF DRUMHELLER ENACTS AS FOLLOWS: l. This By-law may be cited as "The Newcastle Area Redevelopment Plan 11 - 2. Council adopts as the Area Redevelopment Plan for those lands contained within the Plan boundaries, 11 The Newcastle Area Redevelopment Plan" in its entirety. 3. Council adopts as 11 The Newcastle Area Redevelopment Plan 11 this text and accompanying figures. READ A FIRST TIME this 4th day of March, 1985. MAYOR READ A SECOND TIME this 28th day of October, 1985. M~~ READ A THIRD TIME and finally passed this 28th day of October, 1985. ,d(/~ MAYOR I HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF BY-LAW 3-85 OF THE CITY OF DRUMHELLER. Metric Units NOTE: Measurements in this bylaw are in metric units. Conversion to Imperial units is provided for information only. METRIC TO IMPERIAL IMPERIAL TO METRIC multiply by to obtain multiply by to obtain metre (m) 3.281 feet feet 0.3048 metre (m) metre (m) 1.094 yard yard 0.9144 metre (m) metre (m) 0.0394 inch hectare (ha) 2.471 acre (ac) acre (ac) 0.4047 hectare (ha) A. A. 1. A.2. A.3. A.4. A. 5. B. B. 1. c. D. NEWCASTLE AREA REDEVELOPMENT PLAN CONTENTS INTRODUCTION . ......................................... . Plan Purpose . . . . . . ...... . . . . . . . . . . . . Plan Objectives . . . . . . . . . . . . . . . . . . .... Plan Area . . . . . . . . . . . ........ . . . Plan Implementation and Amendment . . . . . . . . . . ... Plan Interpretation ................ . . . . . . . . . . . . . . . . BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONCEPT PLAN . ......................................... . POLICIES - --- ------------------------------------------ APPENDIX PAGE 7 7 7 8 8 10 12 13 16 25 \ NEWCASTLE AREA REDEVELOPMENT PLAN LIST OF FIGURES Figure 1 - Plan Area Figure 2 - Existing Situation Figure 3 - Squatter Residences: Ownership & Condition Figure 4 - Concept Plan Figure 5 - Servicing Concept Figure 6 - Concept Plan Development Cost Figure 7 - Proposed Reclassification of Land Within The Plan Area Figure 8 - Cost Estimate of Residential Lot Development A. INTRODUCTION NEWCASTLE _ area redevelopment plan city of drumheller - 7 - A. INTRODUCTION A.1. Plan Purpose is : The long-term purpose of the Newcastle Area Redevelopment Plan (a) to establish a redevelopment strategy for the plan area that is in conformity to the City of Drumheller Land Use Bylaw and any other statu- tory plan affecting the area that is the sub- ject of the plan; (b) to provide an opportunity for existing squatter residents to obtain fee - simple lots within the plan area; (c) to remove a residential land use from the 1:100 year floodplain of the Red Deer River; (d) to remove development constraints from City owned land allowing this land to be -developed in accor- dance with the policies established in the City of Drumheller Master Parks Plan. A.2. Plan Objectives The objectives of the Plan are: (a) to describe the proposed land uses for the plan area and the required changes to the Land Use Bylaw necessary to bring the Plan and Land Use Bylaw in conformity with each other; (b) to provide a residential development concept for a portion of land within the plan area; (c) to provide a phasing plan for the orderly and cost efficient extention of existing infrastruc- ture to service the concept plan; - 8 - (d) to provide a long-term planning strategy through policy for the accommodation and relocation of existing squatter residences to the proposed resi- dential area within the plan's boundaries; (e) to establish a process Council may follow to im- plement policy contained in this plan. A.3. Plan Area The Newcastle Area Redevelopment Plan includes an area of ap- proximately 15.9 hectares located entirely within the City of Drum- heller. The Red Deer River defines the northern and eastern bounda- ries with the western and southern boundaries provided by 12th Street West and 2nd Avenue West respectively. The Plan Area is shown in Figure 1. For the purposes of the Plan, these boundaries are considered approximate and minor variations will not require amendment to it. A.4. Plan Implementation and Amendment The Newcastle Area Redevelopment Plan, passed by bylaw in accor- dance with Part 6 of the Planning Act shall become a Statutory Plan of the City of Drumheller. Future conditions may require amendments to the Plan. Council, when considering an amendment, will review the effect of proposal modifications on this or any adopted Statutory Plan. The Council shall ensure that proposed amendments conform with the City of Drumheller Land Use Bylaw and any other statutory plan affecting the area. Pursuant to Part 6 of the Planning Act, the Council shall hold a public hearing prior to giving the proposed amendment second read- ing. Redevelopment Area detail below) (see , --- 'I --- ------- , - -- I "--------city Lim ls NEWCASTdL~velopment area re - plan figure 1 plan area --- .. 0 drumh --=______. ·-I - 10 - A.5. Plan Interpretation In this Plan, (1) Pursuant to a resolution in Council, a person or committee may be authorized to act on behalf of the council. In this case where a policy reads; "to the satisfaction of council" substitute; "to the satisfaction of the individual or committee authorized to act on their behalf pursuant to a resolution of Council.~- (2) "Plan" means the Newcastle Area Redevelopment Plan. (3) "Land Use Bylaw" means The City of Drumheller Land Use Bylaw. ( 4) "Concept Plan" - a generalized idea of how the plan area could be developed. The results from detailed site analysis for a "tentative plan" could alter this plan significantly. (5) "Council" means the Council of the City of Drumheller. (6) "Tentative plan preparation stage" - that stage of the land development process in which detailed site analysis is undertaken; local planning needs and development philosophy are identified and a framework for subdivision design or development is prepared. (7) "Tentative plan" is a detailed proposal for devel- opment of a site and usually forms the basis for application to subdivide. (8) All other words and expressions have the meanings respectively assigned to them in the Land Use By- law or the Planning Act. B. BACKGROUND NEWCASTLE _ area redevelopment plan city of drumheller - 12 - B. BACKGROUND The current settlement pattern within the plan area is the re- sult of a historical settlement pattern established during the coal mining days of Drumheller's past. Often, employees of local coal mines were permitted to establish residences on mine property without purchase of the property. As the boom years of the coal mines came to a close, and ownership of the land changed, many of these resi- dences remained. These are locally known as squatter residences. 1 In some cases, private ownership of the land produced a situa- tion in which the homeowner paid rent to a property owner. In other instances (as in situations where crown land is involved) homeowners have been offered life estates2 or fee simple3 lots. The City of Drumheller recently purchased a number of squatter residences in order to clear the way for development of an industrial park. In the community of Newcastle, the City holds title to approximately 15.9 hectares of land4 containing 22 squatter residences and accessory buildings. The squatters pay an annual rent to the City for use of the property. 1. For the purposes of this plan, squatter residents are considered to be residents of the City of Drumheller who retain ownership to a dwelling unit but do not hold title to the property upon which the unit is sited. 2. Life ownership grants ownership only for the duration of a spe- cific person's lifetime. 3. Ownership of an estate in fee, simply means the individual's rights to the land are subject only to restrictions that may be applied by government for the greater good of the municipality, province or Dominion. 4. See Appendix 1 for copy of the Certificate of Title. - 13 - B. 1. Issues Clearly, a situation where a home owner does not hold title to the property on which the dwelling is sited creates problems. The squatter residents do not have the benefit of many urban ameni- ties available to other city residents. In the forefront, is the lack of municipal utility services. Potable water is obtained either through wells or by hauling from a distant municipal source. Sewage disposal is inadequate with pit toilets and septic tanks being com- mon. Serious health problems remain a possibility through the improper or inferior handling of these basic utility requirements. Site problems are augmented by the risk of flooding the resi- - dences face by being located within the 1:100 year floodplain of the Red Deer River as established by Alberta Environment. The land is presently designated "P" Community Service District under City of Drumheller Land Use Bylaw. Under this designation, residential uses are neither permitted nor discretionary. Conse- quently, these buildings are considered non-conforming to the bylaw and are subject to special conditions. 1 Under these conditions, the home owner is restricted to basic maintenance and upkeep of their dwelling. Additions to the residences are prohibited and residences destroyed by fire are not allowed to rebuild. Further, Section 78(1) of the Planning Act prohibits more than one dwelling unit on a lot. The importance of the squatter issue, over time, will be less- ened due to the quality of the buildings. Most of the dwellings are of wood frame construction nearing the end of their life expectancy. Fire, abandonment or other mishaps will hasten the removal of these squatter residences. This could, however, involve a considerable 1. See Appendix 2, Section 10 - Non-Confirming Buildings and Uses; City of Drumheller Land Use Bylaw No. 23-83. - 14 - period of time. Estate transfers and private sales of the dwellings have kept the area populated. Generally, the condition of the homes is deteriorated and no measures have been undertaken to address health and environmental hazards. Further, the City could benefit from additional recreation land within its boundary. The Plan area represents a valuable recreation resource which cannot be fully uti- lized without removal of the squatter residences. C. CONCEPT PLAN N EWCASTLE _ area redevelopment plan city of drumheller - 16 - C. CONCEPT PLAN Figure 2 shows the approximate location of 22 squatter resi- dences in the plan area. The internal network of narrow unregistered roadways is also shown. Figure 3 provides the ownership and condi- tion of the residences and assigns an identification number to each of them. Figure 4 is a concept plan for subdivision of a portion of the plan area. This plan is an extention of existing residential blocks facing 2nd Avenue and 12th Street West. The concept plan used as the basis for a tentative plan of subdivision would create 28 new residential lots. Twelve of these newly created lots would accom- modate squatter residences in situ. The remaining 16 could be avail- able to locate the remaining 10 squatter residences located elsewhere in the plan area. Vehicular access to these lots is obtained through an extension of 11th Street West. The street extention forms a cen- tral spine through the subdivision intersecting with 12th Street . West. All lots have access to this roadway. For design purposes, this roadway is defined as a local street providing direct access to property and handling traffic volumes of less than 1,000 vehicles per day. Minimum right-of-way width is 20m. 1 Servicing for the con- cept plan may be located in the road right-of-way and will result in a looping of services currently located in 11th and 12th Street West. A servicing concept plan is shown in Figure 5. Figure 6 estimates development costs associated with the concept plan. More explicit costs and other details may arise as part of the tentative plan preparation stage. 1. Additional specifications governing the design and construction of streets a~d lanes within the plan area should be in accordance with the City of Drumheller's engineering standards. .. River 0 BLOCK 1020 L. K. 0 Q; 0 0 N EWCASTLE 0 _ area redevelopment z El 0 plan :, 0 FIGURE- 2 EXISTING SITUATION I & 8' II EXISTING RESIDENCE OD s UNREGISTERED ROAD - I 1'100 VEAR FLOOD ~ ,~ ~ El fill CONTOUR E:3 6 I I ' PLAN 7 I 012 l I ' I 1 - , 10 11 12 " 14 I~ 'li 17 ZJ 02A6110l1~ An m:i C"I ~ tnc:lt%l ic:J N .c ' - I .... ' > PAWSER REGIONAi. .... PLANNING COMMISSION 2nd city of drumheller ' avenue I - 18 - FIGURE 3 SQUATTER RESIDENCES: OWNERSHIP & CONDITION RESIDENCE NO. 1 OWNERSHIP 2 RESIDENCE CONDITION 3 1 M. Polesczuk poor 2 M. Allard poor (vacant) 3 P. Lesoway fair 4 B. Dillman fair 5 D. Watson good 6 M. Kostiuk good 7 s. Ezelyk good 8 M. Lehne good 9 M. Winachuk good 10 A. Malansky poor 11 A. Malnasky poor 12 D. Chayerey fair - good 13 R. Pitts poor (vacant) 14 J. Drexler fair 15 D. Budenski good 16 A. Horehlad good (vacant) 17 s. Gill fair 18 H. LeBlanc poor - fair 19 R. LeBlanc poor - fair 20 J. Ringrose poor 21 J. Ringrose poor 22 A. Stanger fair - good 1. Identified on Figure 2. 2. City of Drumheller Building Inspection Department. 3. (a) poor - delapidated, not worthy of rehabilitation; (b) fair - deteriorated, needing repairs of a minor nature; (c) good - standard, needs little or no repairs. - ~ ~ .... - Cl) .c. - N ..... 29 28 27 8 8 10 9 8 23 22 rm 2nd avenue Red Deer D 21 River .c. - ..... ..... El 0 N EWCASTLE ...___- _ area redevelopment plan FIGURE- 4 CONCEPT PLAN PLAN BOUNDARY EXISTING RESIDENCE OPEN SPACE 1 - 100 YEAR FLOOD CONTOUR ' > PAWSER REGIONAL PlANNING COM\1ISSION E3 OD ~ E3 city of drumheller I I .. I \il--_L_j___J___J_----1-!.}~..-.{ lo\, a" San. L-331' S-0.8% - C,J C,J .... - Cl) ..c - N .... ---------- 6" Water ----------···---- 29 28 27 I I i 26 I : I I I I I I I I I ---------· a§ 10 9 8 23 22 rm ·---- ..... 2nd avenue oeer 0 21 20 ., / , - ·- --...._ \ \ \ \ i I // : ---------- - C,J C,J .... - Cl) ..c 0 -· .... .... . 0 N EWCASTLE _ area redevelopment plan FIGURE- 5 SERVICING CONCEPT PLAN BOUNDARY ~ EXISTING RESIDENCE r:::::iD OPEN SPACE ~\'.!§J 1'100 VEAR FLOOD CONTOUR E=3 SANITARY SEWER E3J WATER MAIN E=3 r> PAl.llSER REGIONAi. - P\ANNING CO!Wv11SSION city of drumheller - 21 - FIGURE 6 CONCEPT PLAN ESTIMATED DEVELOPMENT COSTsl ITEM COST Sanitary Sewers $ 25,444.00 Water Main $ 52,122.00 Roads (earthgrading & gravel) $ 11,627.60 Contingency 20% $ 17,816.72 SUBTOTAL $ 107,101.32 Engineering Costs at 10% of Subtotal $ 10,690.00 Survey Costs $15,000 $ 15,000.00 TOTAL $ 132,700.32 1. Other costs associated with subdivision have not been included. Estimates of fill, grading or legal expenses are examples of costs that may arise. SOURCE: City of Drumheller Engineering Department - 22 - In order to assure the new residential development will be in conformity to the City of Drumheller Land Use Bylaw, reclassification of a portion of the plan area will be necessary. Figure 7 shows the plan area that should be reclassified from "P" Community Service District to "D-C" Direct Control District. 1 The purpose and in- tent of this district is to provide for the evolution towards a more specific type of land use. Further, this district will allow Council to exercise discretion with respect to development regulations in the plan area. Over time, the area should evolve to an "R-1" Residential District. 2 Where possible, council decisions concerning develop- ment should be guided by this district regulation. 1. D-C Direct Control District regulations are included in Appendix 3 for information only. 2. R-1 regulations are included in the Appendix 4 for information only. R A 1 p 7 1 I __ M-1 From= Community Service ·p· To= Direct Control ·o-c· N EWCASTLE _ area redevelopment plan figure 7 proposed reclassification of land within the plan area '---------------1 cityofdrumheller D. PLAN POLICY N EWCASTLE _ area redevelopment plan city of drumheller - 25 - D. PLAN POLICY Adoption of this plan indicates Council's intention to proceed to the tentative plan preparation stage. The following policies shall guide this process. (1) Each lot shall assume its proportionate share of development costs based on its area. Figure 8 details a cost estimate on a per lot basis based on a projected development and servicing cost of $132.700.32.1 These costs are an estimate only and specific lot prices should be assigned later. (2) Other amenities normally associated with residen- tial land development such as sidewalk, curb and gutter and street paving may be provided as a local improvement and charged to the individual property owner under the terms of the local im- provement. The City shall not subsidize such improvements. (3) The City should offer existing squatter residents within the plan area, first option on the purchase of available lots. Exercise of this option should be subject to a time period. Lots remaining after the expiry date could be made available to other squatters within the City or to the general public. (4) The City should require, upon acceptance of an op- tion to purchase, an agreement with the purchaser with respect to the time interval in which the prospective purchaser must construct a residence, 1. See Figure 6. - 26 - FIGURE 8 COST ESTIMATE OF RESIDENTIAL LOT DEVELOPMENT PROPORTIONAL SHARE LOT NUMBER LOT AREA OF DEVELOPMENT COST PER LOT 1 Sq. Feet Sq. Metres Dollars 1 6,050.00 562.05 4,416.50 2 5,500.00 510.95 4,015.00 3 5,500.00 510.95 4,105.00 4 5,500.00 510.95 4,015.00 5 5,405.11 502.14 3,945.73 6 5,584.09 518.76 4,076.38 7 11,633.52 1,080.75 8,492.46 8 6,657.95 618.52 4,860.30 9 6,187.50 574.82 4,516.87 10 6,300.00 582.27 4,599.00 11 7,360.00 638.74 5,372.80 12 6,037.50 560.88 4,407.37 13 6,325.00 587.59 4,617.25 14 5,750.00 534.18 4,197.50 15 5,750.00 534.18 4,197.50 16 5,175.00 480.76 3,777.75 17 7,552.84 701.66 5,513.57 18 9,199.43 854.63 6,715.58 19 6,587.50 611.98 Municipal Reserve 20 4,875.00 452,89 3,558.74 21 6,050.00 562.05 4,416.50 22 6,600.00 613.14 4,818.00 23 6,264.20 581.94 4,572.86 24 7,982.39 741. 56 5,827.14 25 9,986.93 927.79 7,290.45 26 6,514.77 605.22 4,755.78 27 4,689.20 435.63 3,423.11 28 4,950.00 459.86 3,613.50 29 4,837.50 449.40 3,531.37 TOTAL 108,217.932 16,742.25 3 132,700.32 1. Based on a development cost of $132,700.32. 2. Does not include Lot 19. 3. Ibid. , - 27 - move their existing home or in some way, transfer their residency from their existing location to the new lot. Penalty for non-compliance should be specific in this agreement. (5) Prior to Tentative Plan preparation, the residen- tial portion of the Proposed Plan shall be des- ignated "D-C" Direct Control District and any new development, moved in buildings, or additions to existing residences shall conform to the provi- sion of this District and the Land Use Bylaw. The remaining portion of Block 1 shall remain designated "P" Community Service District (see Figure 6). (6) Proposed Lots 1, 6, 12, 14, 16, and 20 do not ac- commodate existing residences and are below the 1:100 year flood contour of the Red Deer River as established by Alberta Environment. Prior to sale of these lots, their elevations shall be raised through the addition of fill to the level or ex- ceeding the level of the 1:100 year flood contour elevation.1 (7) Proposed Lots 5, 7, 13, 15, 17, and 18 shall have registered against their title, an encumbrance that will permit new development only if the elevation of the lots are raised by fill to the level or exceeding the level of the 1:100 year flood con- tour. The existing residence shall be allowed to remain without flood abatement measures. How- ever, owners of residents allowed to remain within the 1:100 year floodplain shall enter into an agreement registered as a caveat or restrictive 1. Estimates of average fill requirements range from .5 - 1 metre. - 28 - covenant against the title of the property which shall hold the Municipality harmless from any damage to or loss of the development caused by flooding. (8) The City shall enter into an encroachment agree- ment with respect to residence 2 on lot 5. This will allow the residence to remain partially within the road right-of-way. The terms of this agreement shall be to the satisfaction of the City of Drumheller. (9) Residence 15 should receive special incentives for relocation because of its location near the centre of the road right-of-way off 11th Street West. The terms of these incentives shall be to the satisfaction of the City of Drumheller. (10) All existing dwellings accessible to the new utility services shall be attached to these services. The terms of payment for this hookup shall be borne by the property owner. (11) Lot 19R should be designated a Municipal Reserve lot at the tentative plan preparation stage. It's purpose is to provide land for the future development of a playground area accessible to the homes within the area. APPENDICES Appendix 1 - Certificate of Title. Appe~dix 2 - Section 10, Non-Conforming Buildings and Uses; City of Drumheller Land Use Bylaw No. 23-83. Appendix 3 - "D-C" Direct Control District; City of Drumheller Land Use Bylaw No. 23-83. Appendix 4 - "R-1" Residential District; City of Drumheller Land Use Bylaw No. 23-83. Appendix 1 - Certificate of Title. RENEW,._L <!lcrtificatc bf· 'ffiitlr NO. I-L-'l:...J.,;7C-,La3:c.J..._._T:....L._,_4.:..,..,'-i REF . 1----''--'--'---'--'--'--t-'-i Cani1da VALUE s N O T E S T A B THIS IS TO CERTIFY that CITY OF DRUMHELLER I 5 now .. OW"ner of an est-H! in fee simple of ind in 'PLAN 1020 L.K. BLOCK ONE (1) CONTAINING FORTY FIVE AND SEVEN HUNDREDTHS (45.07) ACRE MOtU: OR LESS E.X.CEPTING THEREOUT FIRSTLY ... THE SUBDIVISION ON PLAN 7410123 CQI.A:AINING THREE AND SIXTY FIVE HUNDREDTHS (3.65) ACRES. MORE OR LESS S~~ONDLY .,,THE SUBDIVISION ON PLAN 7710859 CONTAINING TWO AND ErQIT:EEN HUNDREDTHS (2.18) ACRES MORE OR LESS IESERVING UNTO HER MAJESTY ALL MINES AND MINERALS -- (E½ - 10 - 29 - 20 - W4TH) SUBJECT TO TH£ ENCUMBRANCES, LIENS. ESTATES OR INTERESTS NOTIFIED BY MEMORANDUM UNDERWRITTEN OR E.NOORS£0 HEREON. OR WHICH MAY HEREAFTE.R BE MADE IN THE R.EGISTER . ~ - - IN WITMESS WHEREOF I have hereunto subscribed my n,1me M'd ,1tf.,,ed my ottac, .. ~ ( .. \~.:-~:> / :.-:-<.;;- - \:: ·~,~,:)t th ,, .... ... . ~ - .. - - .......... ...... day ol .. ................. ............ 9.!=J9..f!.~.!L .. ·····-···· . A .O. 19.}.') ., ·- _ C/0 MR DA GUJDOLIN - · ;, :·; ;9 p.," 011,ce _, ....................... , ...... , .... , ....................... .... ,... , CITY MANAGER -- r - . , ,:· , CITY OF DRUMHELLER -./ / ··-·""iiiiuMiiE:i..:i::E°ii·: -- At.iiEiii.ii -------- - Soufh An,.,11 Land R1pi1tration Oinrict Appendix 2 Section 10, Non-Conforming Buildings and Uses; City of Drumheller Land Use Bylaw No. 23-83. 10. Non-Conformin g Bufldfn gs and Uses (1) A non-conforming use of land or a non-conforming use of a building may be contained but ff that use fs dfscontfnued for a period of six consecutive months or more, any future use of the land or bufldfng shall conform wfth the provisions of the Land Use Bylaw then in effect . (2) A non-c?nform f ng use of a part of a bufldfng may be extended throughout the bufldfng but the building, whether or not it fs a non-conforming bufldfng, shall not be enlarged or added to and no structural alterations shall be made thereto or therein. CJ) A non-conforming use of part of a lot shall not be extended or transferred fn whole or fn part to any other part of the lot and no addftfonal bufldfngs shall be erected upon the lot whfle the non-conforming use continues. (4) A non-conforming bufldfng may continue to be used but the building shall not be enlarged, added to, rebuilt or struc- turally altered except: (al as may be necessary to make ft a conforming building, or (bl as the Development Officer considers necessary for the routine maintenance of the bufldfng. (5) If a non-confor~fng building 1s da~aged or destroyed to the extent of more than 75 percent (75i) of the value of the bufldfng above its foundatfofn, the building shall not be repaired or rebuilt except fn accordance with the Land Use Bylaw. (6) The use of land or the use of a bufldfng 1s not affected by reason only of a change of ownership, tenancy or occupancy of the land or bufldfng. Appendix 3 "D-C" Direct Control District; City of Drumheller Land Use Bylaw No. 23-83. - 96 - XVII. D-C -- Direct Control District The Municipal Planning Commission may permit any use in this district having regard to: 1. Conformity of the proposed use with the General Plan 2. the existing uses of neighboring lands In addition to the General Land Use Rules the requirements covering each type of development shall apply where it appears as a "Permitted Use" elsewhere fn thfs Bylaw. The purpose and intent of this district is to provide for the evolution towards a more specific type of land use of areas which are in a state of transition. Appendix 4 I. "R-1" Residential District; City of Drumheller Land Use Bylaw No. 23-83. - 50 - R-1 -- Res1dent1al 01str1ct A.. Perm! tted Uses l. One-fam1 ly dwellings 2. Pub 11 c parks 3. Pub 11 c schools 4. Accessory buildings and uses 5. Perm1tted signs 8. Discretionary Uses 1. Public utility buildings & installations (required to serve this district) 2. Public & quasi-public buildings, required to serve this district 3. Home occupations 4. Churches C. Minimum Requirements 1. Site Area: (al 418 m2 (4,500 sq. ft.) for a one-family dwelling (bl Other uses at the discretion of the Municipal Planning Commission 2. Lot Width: (al 12 m (40 ft.) for a one-family dwelling (b) Other uses at the discretion of the Municipal Planning Commission 3. Front Yard: (a) 6 m (20 ft.) for a one-family dwelling (bl Other uses at the discretion of the Municipal Planning Commission 4. Side Yard: (a) Not less than 1.5 m (5 ft.) (b) On reversed corner lots 3.2 m (10 ft.) (cl One 3 m (9.8 ft.) side yard (excluding corner lots) to provide alternate acc:ess to the rear of building 1n a laneless subdivision (d) Accessory Buildings 3.2 m (10 ft.) on street side of corner lots, on al 1 other sites 1 m (3 ft.) le) Other uses at the discretion of the Municipal Planning Commission 5. Rear Yard: la) 7.6 m 125 ft.) lb) 1 m (J.2 ft.) for accessory bufldlngs 6. Gross Floor Area: (a) 93 m 2 (950 sq. ft.) for one-family dwellings - 51 - 0. Maximum Limits l. Height: (al 10 . 6 m (35 ft.) for Resfdentfal dwelling (b) 4. 5 m ( 15 ft. l for accessory buildings (c) other uses at the discretion of the Municipal Planning Commission 2. Site Coverage: (al 30'l, of the site area for dwellings (bl 15'1. of the site area for accessory buildings (c) Other uses at the discretion of the Municipal Planning Commission E. Permitted Signs l. Not more than two real estate signs advertising the sale or rent of the site or building. Maximum sign area allowable is 0.9 m2 (10 sq. ft.). 2. On any site for permitted non-residential uses or buildings not more than one identification sign. Maximum sign area allowable is 1.4 m2 ( 15 sq. ft.). 3. Churches shall be permitted one (1) bulletin sign, not exceeding 1.1 2 ( 12 sq. ft.). F. Parking Ons1te parking shall be provided according to the following : 1. One-family dwellings - one (1) parking or garage space per dwel 1 ing unft 2. Schools - Elementary & Junior High- One (ll parking space per classroom; - Senior High School - four (4) parking spaces per ~lass room 3. Churches - One (1) parking space per 15 seats G. Screening l. Garbage and waste material must be stored in weather proof and animal proof containers. Garbage and waste material storage must be screened from public thorough- fares, excluding lanes. H. Design, Character & Appearance of Buildings 1. Exterior finish to be wood, metal or similar siding, brick or stucco to the satisfaction of the Development Officer/Municipal Planning Commission. The finish of buildings should complement other structures and natural site features. NEWCASTLE AREA REDEVELOPMENT PLAN COST ESTIMATE FOR: A. Pavement and monolithic sidewalk B. Pavement and rolled curb and gutter A. Pavement and Mono Walk $105,000 $ 94,000 o.:i-12-lJ Pavement Structure: Includes base preparation, 8 11 of pit run gravel, 2" crush gravel and 2" of asphaltic concrete. Quantities Length= 1140.0 feet on centre line = 347.Sm Width = ULU 50 Standard = 10.4m Area= 347.Sm x 10.4m = 3613. 7m2 Cost of Pavement Stucture as described use $14.50/m2 Cost= 3613.7m2 x $14.50/m2 = $52,398:65 Monolithic Sidewalk use $16.00/ft Total length= Centre line x 2 = 1140.0 1 X 2 = 2280.0 feet Cost= 2280 x $16.00/ft = $36,480.00 Other miscellaneous work (ie - Catch basins, swales, etc.)= $5000.00 TOTAL COST OF PAVEMENT AND MONO WALK 10% Engineering TOTAL COST $ 52,398.65 36,480.00 5,000 .00 9 ,387 .87 $103,266 . 52 ... /2 -2- B. Pavement and Curb and Gutter Pavement from A= $52,398.65 Cost of rolled curb and gutter= $12.00/ft. 2280 ft X $12.00/ft = $27,360.00 TOTAL COST OF PAVEMENT AND CURB AND GUTTER Miscellaneous 10% Engineering TOTAL COST $52,398.65 27,360.00 5,000.00 8,475.87 $93,234.51