Bylaw 15224

A Bylaw to amend Bylaw 6931, as amended,

Being the Stadium Station Area Redevelopment Plan

WHEREAS pursuant to the authority granted to it, City Council on February 22, 1983, passed Bylaw 6931, as amended, a bylaw to adopt the Stadium Station Area Redevelopment Plan; and

WHEREAS an application was received by the Planning and Development Department to amend Bylaw 6931, as amended, the Stadium Station Area Redevelopment Plan;

WHEREAS Council considers it desirable to amend the Stadium Station Area Redevelopment Plan;

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 Stadium Station Area Redevelopment Plan is hereby further amended by deleting Policy 11.6.1 in its entirely and substitutes the following:

“Portions of Sub-Area 2, between 82 and 84 Streets north of Jasper Avenue and Sub-Area 3, between 81 Street and the LRT right-of-way, north of 113 Avenue, designated RA9 in Bylaw 6930, amending the Land Use Bylaw, except the area legally described as Lot 6, Block 1, Plan RN61, and Lot 7, Block 1, Plan RN61 at 8224 – 8228 on the corner of Jasper Avenue and 83 Street.”

  1. The Stadium Station Area Redevelopment Plan is hereby further amended by adding Policy 11.21 – Site Specific Development Control Provision (DC2):

“11.21 – Site Specific Development Control Provision (DC2)

Policy 11.21.1 – Area of Application

The area legally described as Lot 6, Block 1, Plan RN61, and Lot 7, Block 1, Plan RN61 at 8224 – 8228 on the corner of Jasper Avenue and 83 Street shall be designated as Site Specific Development Control Provision (DC2) which, among other regulations, shall provide for a maximum Density of 689 dwellings/ha, maximum Building Height of 90.0 metres, and maximum Floor Area Ratio of 8.3.

2/2

Policy 11.21.2 – Rationale

It is the intent of this Plan to provide a district for high rise apartments in the area described in Policy 11.21.1, in order to achieve the intent of Section 3.3 of this Plan, consistent with the opportunities provided in the Zoning Bylaw, No. 12800.”

READ a first time thisday of , A.D.2009;

READ a second time thisday of, A.D.2009;

READ a third time thisday of, A. D. 2009;

SIGNED and PASSED thisday of, A.D.2009.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

DESCRIPTION:AMENDMENT TO THE STADIUM STATION AREA REDEVELOPMENT PLAN; CROMDALE

ZONING BYLAW AMENDMENT from (RA9) High Rise Apartment Zone to (DC2) Site Specific Development Control Provision; CROMDALE

LOCATION:8224 – 8228 Jasper Avenue

LEGAL

DESCRIPTION:Plan RN61, Block 1, Lots 6 and 7

APPLICANT:ArminPreiksaitis

Unit 605

10080 - Jasper Avenue

Edmonton, AB

T5J 1V9

OWNER:Taverner Holdings Ltd. AND347089 Alberta Ltd.

22235-115 Avenue7209- Railway Street SE

Edmonton, ABCalgary, AB

T5S 2N6T2H 2V6

ACCEPTANCE OF

APPLICATION:May 15, 2008

EXISTING

DEVELOPMENT:Low and Medium Residential Land Uses

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw15224 to amend the Stadium Station Area Redevelopment Plan be APPROVED.

That Bylaw15225 to amend the Zoning Bylaw from (RA9) High Rise Apartment Zone to (DC2) Site Specific Development Control Provision be APPROVED.

DISCUSSION

1.The Application

This report describes two related applications affecting a site in the Cromdale Neighbourhood.

The first application proposes to amend the Stadium Station Area Redevelopment Plan (ARP) by:

  • Replacing Policy 11.6.1 to exempt the area of application from the RA9 – High Rise Apartment District; and

Policy 11.6.1 is proposed to read:

“Portions of Sub-Area 2, between 82 and 84 Streets north of Jasper Avenue and Sub-Area 3, between 81 Street and the LRT right-of-way, north of 113 Avenue, designated RA9 in Bylaw 6930, amending the Land Use Bylaw, except the area legally described as Lot 6, Block 1, Plan RN61, and Lot 7, Block 1, Plan RN61 at 8224 – 8228 on the corner of Jasper Avenue and 83 Street.”

  • Adding Sub-section 11.21 – Site Specific Development Control Provision (DC2) to Section 11 Land Use Regulations, identifying the development policies of increased allowable height, density and floor area ratio for the subject site. Policy 11.21 – Site Specific Development Control Provision (DC2) is proposed to read:

“11.21 – Site Specific Development Control Provision (DC2)

Policy 11.21.1 – Area of Application

The area legally described as Lot 6, Block 1, Plan RN61, and Lot 7, Block 1, Plan RN61 at 8224 – 8228 on the corner of Jasper Avenue and 83 Street shall be designated as Site Specific Development Control Provision (DC2) which, among other regulations, shall provide for a maximum Density of 689 dwellings/ha, maximum Building Height of 90.0 metres, and maximum Floor Area Ration of 8.3.

Policy 11.21.2 – Rationale

It is the intent of this Plan to provide a district for high rise apartments in the area described in Policy 11.21.1, in order to achieve the intent of Section 3.3 of this Plan, consistent with the opportunities provided in the Zoning Bylaw, No. 12800.”

The second application proposes to rezone the same site affected by the first application from (RA9) High Rise Apartment Zone to (DC2) Site Specific Development Control Provision. The proposed DC2 will facilitate the development of a high rise apartment building up to a maximum of 29 storeys, containing 95 units. The proposal allows for an increase in the maximum allowable building height from 45 m to 90 m, and the maximum floor area ratio to increase from 3.0 to 8.3, with architectural and urban design guidelines applied.

2.Site and Surrounding Area

This 0.14 ha site is located on the corner of Jasper Avenue and 83 Street in the Cromdale Neighbourhood. The site comprises of two lots and is currently developed with a low density residential building and a medium density residential building.

The lands located immediately to the northeast and southwest are zoned (RA9) High Rise Apartment Zone and developed for medium to high density residential uses. The lands to the northeast of the RA9 site are zoned (CNC) Neighbourhood Convenience Commercial Zone and developed for neighbourhood commercial uses. East of 82 Street, the land is zoned (DC1) Direct Development Control Provision and (RF1) Single Detached Residential Zone, and developed predominantly for single detached residential uses.

To the north of the subject sites, the lands are zoned (RA7) Low Rise Apartment Zone and (RA8) Medium Rise Apartment Zone, and developed predominately for low-rise apartment uses. To the south of Jasper Avenue, is the North SaskatchewanRiverValley where the lands are zoned (A) Metropolitan Recreation Zone.

View of Site looking northeast at the intersection of Jasper Avenue and 83 Street.

ANALYSIS

1.Compliance with Approved Plans and Land Use Compatibility

Plan Edmonton

The proposed amendments comply with the priorities of Plan Edmonton by utilizing existing infrastructure and reinvestment in a mature neighbourhood. The application will accommodate infill development that is sensitive to existing development adjacent to a major arterial roadway, increase the amount and quality of housing and renew infrastructure in a mature neighbourhood. The proposed development also places a high priority on effective and efficient use of land and incorporates urban design principles that enhance the quality of the urban environment.

Stadium Station Area Redevelopment Plan

Thearea subject to this application is located within the Station East Sub-Area of the Stadium Station Area Redevelopment Plan (ARP), identified for (RA9) High Rise Apartment District. The intent of the ARP in this Sub-Area is to implement a policy of nodal development around the Stadium LRT Station by permitting a variety of medium to high-density apartment development. According to the ARP Policy, within this Sub-Area high-density projects should be restricted to the western portion of the Sub-Area adjacent to the LRT line, and to the existing edge of high-density development along Jasper Avenue.

The proposed amendment to the ARP and the proposed DC2 Provision in comparison to the RA9 Zone would allow the site to be developed, by changing the following:

  • maximum density allowed in the application area from 323 dwellings per ha to 689dwellings per ha;
  • maximum building height from 45.0 m to 90.0 m; and
  • maximum floor area ratio from 3.0 to 8.3.

To compensate for the increase in maximum density, height and floor area ratio, the proposed DC2 Provision also provides for the following amenities and improvements that are beyond what would be required in the current RA9 Zone:

  • $80,000 contribution to Public Art;
  • inclusion of a requirement for an Affordable Housing agreement;
  • construction of new sidewalks with streetscape improvements adjacent to the property;
  • financial contribution ($100,000) for upgrades to off-site public amenities;
  • implementation of Green Sustainable Practices; and
  • application of urban design and architectural guidelines.

The proposed DC2 Provision would accommodate the proposed development and ensure its consistency with the general intent of the ARP. The proposed development complies with the draft Residential Infill Guidelines for High Rise Apartments insofar as the residential units at grade address the street and are provided with individual entrances. The proposed development also complies with the draft guidelines regarding floor plate size, distinctive architecture, and the provision of resident parking underground.

Edmonton Design Committee

The Edmonton Design Committee (EDC) reviewed the proposed development on February 4, 2009 and April 15, 2009. The EDC recommended non-support in both February and April meetings. The comments provided by the EDC are summarized as follows:

Exemplify neighbourliness: celebrate, engage and enhance the unique context of location

  • a slimmer, shorter tower would be better suited for this site and the adjoining neighbourhood; and
  • Provide specific details for public amenity contributions.

Based on the feedback from the Edmonton Design Committee, the Planning and Development Department worked with the applicant to ensure the proposed design will preserve view corridors to the RiverValley and to create architectural diversity and visual interest viewing from Jasper Avenue. To address the effect of the increased building height and mass on the pedestrian experience along the street, the proposed DC2 Provision ensures the tower portion of the development is recessed from the podium and includes multiple building setbacks above the podium, which create visual interest and preserve views for adjacent developments.

To allow the City to have flexibility in tailoring the requirement of off-site public amenities, the owner agrees to contribute $100,000 to the City in trust for the provision of public amenities, prior to the issuance of the development permit.

2.Smart Choices Assessment

The Smart Choices Initiatives of Neighbourhood Re-Investment, Transit-oriented Development, Residential Infill, Walkability and Urban Design are relevant to this application.

Neighbourhood Re-Investment

The proposed development includes the construction of new housing or the renovation of existing housing and contributes to improvements to both the hard and soft infrastructure to this portion of the Cromdale neighbourhood. The owner will also provide financial

contributions for Public Art and off-site public amenities to the City in trust to contribute to community revitalization in this portion of the Cromdale neighbourhood.

Transit-Oriented Development (TOD)

The TOD portion of the Smart Choices Checklist reviews sites to consider the focus of medium to higher density land uses, such as residential, office, retail, institutional and entertainment within easy walking distance (400 m – 800 m) of a LRT Station. The subject property is within 400 m of the LRT Station and therefore, TOD Principles are applicable. The proposed development includes some of the elements of TOD: high density housing,opportunity of commercial uses on the site through allowing for Live/Work Unit uses, including urban design and architectural guidelines within the proposed development,and a direct vehicular and pedestrian route through the area to the LRT Station via 83 Street and 111 Avenue.

Residential Infill

The proposed development increases the amount of housing units (residential density) and the choices of housing types available within a mature neighbourhood.

Walkability

The proposed development contributes to the Smart Choices Initiative of Walkability by increasing density within this area, and providing a sidewalkadjacent to the application area.

Urban Design

Design guidelines including building articulation, massing, architectural treatment, access, and landscaping treatments are identified in the proposed DC2 Provision to promote improved quality of development within the application area.

3.Transportation and Utilities

The Transportation Department has expressed no objection to the proposed plan amendment and rezoning. During the review process, the Transportation Departmentrequested that off-site improvement be made to the proposed development and those regulations have been incorporated into the final DC2 Provision.

In addition, the Transportation Department advises that the Transportation Operations Branch completed a traffic conflict survey at the alley access to 82 Street north of Jasper Avenue, on October 28, 2008, to observe the alley operation and driver behaviour at the alley access. This was completed in consideration of community concerns regarding traffic safety at this access point. During peak hour observations, use of the alley access

was minimal, with one vehicle entering the alley (southbound to eastbound – right turn) and two vehicles exiting the alley (eastbound to northbound-left turn). The observation indicated the sightlines are approximately 75 m from the alley and there is sufficient space to view approaching traffic. The traffic conflict survey observations, combined with a review of the collision data, indicate the alley and its intersection with 82 Street operate at an appropriate level of safety.

Furthermore, the alignment of the 3.0 m sidewalk and the construction methods to be implemented must ensure the existing boulevard trees are protected. Any advertising signs for the development must be located entirely within private property.

The Drainage Services Branch of the Asset Management and Public Works Department has no objection to the proposed plan amendment and rezoning applications, and advises that sanitary and storm sewer servicing is available to the property to the combined sewer system serving the area, which can accommodate the requirements for the proposed zoning. Sanitary sewer service connections currently exist to the property off the 450mm combined sewer within Jasper Avenue which can be utilized to service the proposed development as appropriate. New or additional sanitary service is available by connection to the same 450mm combined sewer. Any unused services must be abandoned at the owners cost.

No storm sewer service connections currently exist to the property. A separate independent storm sewer service is required and is generally available to the proposed zoning area from the existing 450mm combined sewer within Jasper Avenue. No on-site stormwater management requirements apply to the property as its area is less than the 0.16 ha minimum for application of on-site stormwater management.

EPCOR Water has expressed no objection to the proposed plan amendment and rezoning applications, and advises that there is an existing 300mm water main located adjacent to the property on the lane north of Jasper Avenue, which may be utilized to provide additional water service connections to the property.

According to EPCOR Water’s record, the subject lots are currently separately serviced with 20mm water services. Application for new/additional water service connections or the arrangement of existing services to the site is available through the Water and Sewer Servicing Section. The owner/applicant is also advised that there is no on-street fire protection available along Jasper Avenue. One hydrant is located at the corner of 83 Street and the lane north of Jasper Avenue, which meets the 300l/s on-street fire flows as required by the City of Edmonton standards.The applicant/owner will be responsible for all costs associated with providing City standards of water supply including any changes to the existing water infrastructure required by this application.

ATCO Gas has expressed no objection to the proposed plan amendment and rezoning applications, and advises that there is an existing ATCO Gas facility located within the

application area. If it should be necessary to lower, relocate, or make any alteration to the existing pipelines and/or appurtenances due to this proposal, all cost will be borne by the developer/owner.

EPCOR T&D Engineering has expressed no objection to the proposed plan amendment and rezoning applications, and advises that there are existing power facilities in the area, including an existing 13,800-Volt overhead power line in the lane north of the application area. Minimum clearances must be maintained.

ATCO Pipelines,ShawCable, and TELUS expressed no objections to the proposed plan amendment and rezoning applications.

4.Parks and School Boards

The Parks Branch of the Asset Management and Public Works Department has expressed no objection to the proposed applications. Through the application review process, the Parks Branch provided recommendations to the applicant regarding addressing the landscaping requirement for the development in the proposed DC2 Provision. The Department’s comments have been incorporated in the proposed DC2 Provision.

The Edmonton Public School Board (EPSB) expressed no objection to the proposed applications.

5.Surrounding Property Owners’ Concerns

Prior to the submission of the plan amendment and rezoning applications, the applicant held an open house on January 14, 2008 to obtain input regarding the proposed development. Invitations were sent out to surrounding property owners, the Parkdale/Cromdale Community League and the Boyle Street Community League. Thirty-one residents, the WardCouncillors and a representative from the Parkdale/Cromdale Community League attended the open house. Specific comments/concerns raised at this open house include:

  • the traffic generation and the potential increase in on-street parking resulting from this development;
  • the state of the rear lane behind the proposed development;
  • the potential congestion and littering issue in the RiverValley as this proposed development will bring increased volume of people to the area;
  • the height of the proposed building (too high), the insufficient building setback and the close proximity to River Park Place, the existing high-rise apartment building immediately northeast of the site;
  • favourable comments regarding the design of the proposed building: like the terraced nature and modern architectural style of the building, as well as proposed building’s positive impact on the City of Edmonton’s skyline;

  • the noise and nuisance during construction; and
  • suggested that the Stadium Station ARP should be updated and that stakeholders should have a greater involvement in the planning process.

A notification letter was sent to the surrounding property owners and the Boyle Street Community League and Parkdale-Cromdale Community League Association on May 20, 2008. In response to the notification letter, the Planning and Development Department received one phone call and three written responses. All correspondents expressed objection to the proposed zoning change for the following reasons: