Bylaw 15000

A Bylaw to amend Bylaw 11400, as amended,

The Downtown Area Redevelopment Plan

WHEREAS pursuant to the authority granted to it, City Council, on April 30, 1997, passed Bylaw11400, as amended, being a bylaw to adopt the Downtown Area Redevelopment Plan; and

WHEREAS from time to time City Council may find it desirable to amend the Downtown Area Redevelopment Plan; and;

WHEREAS an application was made to amend the Downtown Area Redevelopment Plan; and

WHEREAS the Municipal Council of the City of Edmonton now deems it in the public interest to amend the Downtown Area Redevelopment Plan; and

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. That Schedule “B” of Bylaw 11400, as amended, the Downtown Area Redevelopment Plan is hereby amended by replacing Policy 12.65 with the following:

“Maintain and reinforce the sub-area as Downtown’s primary residential neighbourhood by allowing predominantly residential uses developed in accordance

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with the regulations and guidelines of the High Density Residential District (HDR) except at Lot 95, Block 4, Plan 932 1792 to allow the development of a 26-storey
(77 metre) apartment building,and except at Lots 31, 32, 33 and a portion of 34, Block 4, Plan NB to allow the development of a 26 storey (80 metre) apartment building.”

READ a first time thisday of , A.D. 2008;

READ a second time thisday of, A.D. 2008;

READ a third time thisday of, A.D. 2008;

SIGNED and PASSED thisday of, A.D. 2008.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

ATTACHMENT 2

BYLAW15000

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DOWNTOWN

DESCRIPTION:AMENDMENT TO DOWNTOWN AREAREDEVELOPMENT PLAN (DARP)

ZONING BYLAW AMENDMENT from (HDR) High Density Residential to (DC2) Site Specific Development Control Provision; DOWNTOWN;

LOCATION:Northeast corner of 105 Street and 98 Avenue.

Municipal addresses: 9803, 9807, 9809 - 105 Street NW

LEGAL

DESCRIPTION:Lots 31, 32, 33 and a portion of 34, Block 4,PlanNB

APPLICANT:MaxRaimondi

BCM Developments

5603 - 129 AVENUE NW,

Edmonton, AB T5A 0E1

OWNER:1172718 Alberta Inc.

#500 – 10150 – 100 Street NW

EDMONTON AB T5J 0P6

ACCEPTANCE OF

APPLICATION:February 22, 2007

EXISTING

DEVELOPMENT:4 single detached homes and 1 vacant lot.

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PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw 15000 to amend the Downtown Area Redevelopment Plan be APPROVED.

That Bylaw 15001 to amend the Zoning Bylaw from (HDR) High Density Residential to (DC2) Site Specific Development Control Provision beAPPROVED.

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DISCUSSION

  1. The Application

This application concerns two bylaws.

Bylaw 15000 proposes to amend the Downtown Area Redevelopment Plan (DARP) to accommodate a proposed development on the subject properties by exempting the subject properties from Policy 12.65 of the “McKay Avenue Sub Area 1”.

Policy 12.65 is proposed to read:

Maintain and reinforce the sub-area as Downtown’s primary residential neighbourhood by allowing predominantly residential uses developed in accordance with the regulations and guidelines of the High Density Residential District (HDR), except at Lot 95, Block 4, Plan 932 1792 to allow the development of a 26-storey(77 metre) apartment building,and except at Lots 31, 32, 33 and a portion of 34, Block 4, Plan NB to allow the development of a 26 storey (80 metre) apartment building.”

Bylaw 15001 proposes to amend the Zoning Bylaw from (HDR) High Density Residential, to (DC2) Site Specific Development Control Provision for the subject property in the McKay Avenue district of the Downtown neighbourhood.

The proposed DC2 Provision accommodates the development of a 26 storey (80m high) residential building consisting ofa 22 storey residential tower above a four storey (16.0 m high) podium composed of town-house styleresidential units, with structured parking located behind the residential units in the podium and underground.

The application proposes a maximum of 159 residential units at a density of 757.14 dwellings per hectare and a Floor Area Ratio of 10.4, 2.0 of which can be attributed to the portions of the parkade that are located above-grade, behind the podium residential units. The proposed development will incorporate sustainable design techniques, a mix of housing types, public art and various pedestrian oriented streetscape improvements sensitive to the surrounding high rise residential context.

To account for some market uncertainty the applicant has proposed to include 2 “flex floors” in the tower, each of which are presently configured with 6 larger units. Alternately these two floors may be configured with 7 smaller units.

Parking requirements for the tower will be determined at the Development Permit stage as the stalls required are a function of the style of dwelling unit configuration. Parking will be provided to the requirements of the Zoning Bylaw and the Transportation Department and will not be relaxed.

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  1. Site and Surrounding Area

The 0.21 hectare (2,100 m²) site is located at the northeast corner of 105 Street and 98 Avenue. The site is presently occupied by 4 single detached houses and one vacant lot.

The lands surrounding the site are zoned High Density Residential (HDR). To the north is the Edmonton Public Schools Archives and Museum site which features the original 1881 one-room wooden school house and the brick four storey 1904 McKay Avenue School and the landscaped school grounds. To the west, across 105 Street, is the 11 storey Avalon high rise apartment building. To the south, across 98 Avenue, are two single detached homes and four storey walk-up apartment buildings. To the north-east is the 17 storey Palisades high rise apartment building. All of these sites, except the footprint of the brick four storey 1904 McKay Avenue School, are currently zoned High Density Residential (HDR) which would permit a maximum height of 45 metres (approx. 15 storeys) and a maximum density of 500 units per hectare. To the east, across the alley, is the site of a DC2 zoned parcel for a 26 storey apartment building, approved by City Council on July 21, 2008, presently occupied by 4 single detached homes.

This project is in proximity to a number of neighbourhood amenities, including the nearby Heritage Trail, McKayAvenueSchool (EdmontonPublicSchoolBoardMuseum and Archives), RiverValley parks and trails and the Legislature Grounds. The Bay LRT Station is located 3 blocks north at Jasper Avenue and 104 Street, while the Government Transit Centre is located 2 blocks west on 107 Street, and Grandin LRT station can be accessed 3 blocks west from the Legislature Grounds. Major bus routes are located one block south on 97 Avenue and 2 blocks east on Bellamy Hill.

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ANALYSIS

1.Compliance with Approved Plans and Policies

a)Plan Edmonton

The proposed amendments comply with the priorities of Plan Edmonton by utilizing existing infrastructure and representing reinvestment in a mature neighbourhood. The application will 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 surrounding urban environment.

b)The Downtown Area Redevelopment Plan (DARP)

The DARP provides a combination of policies and maps to guide development in the Downtown. Below is an analysis for the DARP relative to the proposed rezoning application.

Chapter III Vision and Concept, Section 2.0 Downtown Development Concept:

The application conforms to the Downtown Development Concept which calls for a strong residential population with a focus on growth in the McKay Avenue Area and Warehouse District. The Downtown Development Concept Map identifies the subject site as “targeted for residential development”.

Chapter IV Policies and Action Plans, Section 4.0 Housing and Community Development: This section of the DARP specifically targets McKay Avenue and the Warehouse District for new residential developments. The application supports Policy 4.1 Downtown Housing Targets to promote an increase of the residential population and supports Policy 4.2 Variety of Housing Choice by providing a range of housing styles within the project, ranging from town house style apartments to a range of apartment sizes and configurations.

Chapter V Land Use, Section 1.0 Land Use Strategy:

The Downtown Land Use Concept Map identifies this site for residential development. The Land Use Strategy includes statements that “encourage residential development throughout the Downtown particularly in areas of existing concentration” and to “emphasize an efficient and compact form of development to maximize the use of infrastructure and to create a critical mass of activity”.

Chapter V Land Use, Section 3.0 Downtown-WideLand Use Policies:

The application supports Policy 12.1 High Density Core which seeks to “Encourage the intensification of land uses in the Downtown to maintain Downtown as a high density and symbolic centre of the City and to take advantage of its concentration of

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infrastructure and assets.” The application also supports Policy 12.4 Housing Throughout the Downtown which aims to “Actively foster the development of housing throughout the Downtown; protect and enhance areas of residential concentrations, support conversions to residential use and encourage mixed use, live/work developments.”

Chapter V Land Use, Section 4.0 NeighbourhoodLand Use Policies – McKay Avenue Area:

The site is located within the McKay Avenue Area, Residential Enclave Sub-Area (Sub-Area 1). The proposed development conforms to the McKay Avenue Area Land Use Concept Map which identifies Sub Area 1 for “residential” uses. There are 3 policies in the section that relate to this application;

  1. “Policy 12.65 Maintain and reinforce the sub area as Downtown’s primary residential neighbourhood by allowing predominantly residential uses developed in accordance with the regulations and guidelines of the High Density Residential District (HDR).”
  1. “Policy 12.66 Support residential infill redevelopment with a variety of housing types at medium to high densities to increase the housing stock and support the local economy.”
  1. “Policy 12.68 Ensure that the necessary support services, community facilities and recreational amenities are provided to meet the needs of residents in the area; encourage major new developments to provide on-site amenities for their residents.”

The proposed development is partially in conformance with Policy 12.65 in that the proposed development will assist in maintaining and reinforcing the residential population of the McKay Avenue Area (Sub Area 1) however, the application diverges on the intensity of development permitted in the HDR Zone. This divergence is discussed at length in the next section of the report entitled “Land Use Compatibility”. The proposed development is in conformance with Policies 12.66 and 12.68

2. Land Use Compatibility:

a)Introductory Figures & Zoning Comparison

The application proposes an increase in maximum building height from the permitted height of 45 m to 80 m (15 storeys to 26 storeys); an increase in the maximum density from 500 dwellings/ha to 767 dwellings/ha, representing and increase from 105 units to 159 units, and an increase in Floor Area Ratio from 4.0 to 10.4. Thus, Bylaw 15000 proposes to exempt this site from the development regulations of the HDR Zone as prescribed in policy of 12.65 of the Downtown Area Redevelopment Plan.

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The following table indicates how the proposed DC2 Provision compares to the existing HDR zone.

HDR High Density Residential Zone / Proposed DC2 Provision
Height / 45 m (approx. 15 storeys) / 80 m (26 storeys)
Density / 500 units/ha (approx. 105) / 757.14 units/ha (max. 159)
FAR / 4.0 / 10.4
Floor Plate / Approx. 1198 m² / 675 m² to 708 m².
Amenities /
  • 15 m² of Private Outdoor Amenity Space per dwelling unit at ground floor
  • 7.5 m² of Private Outdoor Amenity Space per dwelling unit above the ground floor
/
  • Green roof private amenity area on podium (383.3m²)
  • 7.5 m² of Private Outdoor Amenity Space per dwelling unit above the ground floor
  • Underground parking
  • $100,000 public art commission
  • High quality finishing materials
  • Constructing new sidewalks
  • Constructing a new rear lane
  • Planting boulevard trees
  • Installing architectural street lighting
  • Includes sustainability initiatives
  • Indoor Bicycle Parking
  • Illuminated tower top

c)Tower Floorplate & Building Volume

To address the effect of the increased building height and mass, the proposed DC2 provision ensures the tower portion of the development is recessed above the podium level and restricts the tower floorplate size to secure a 58% reduction over the typical floorplate permitted under the HDR zone on this site, resulting in a slim tower that preserves access to views in the surrounding area. The volume of the proposed structure represents a 4% increase over the allowable volume of a structure built under the HDR zone.

Under the current HDR zoning, view corridors of the river valley are not protected. Through the DC2 Provision, the proposed structure has been designed with increased slenderness to provide additional view corridors below 45 metres (15 floors) that would have otherwise been lost due to the permitted bulk of buildings in the HDR zone. This is achieved by building a taller but slimmer tower with chamfered corners which minimize the view obstruction that would otherwise occur with a wider tower. The illustration below indicates how this is accomplished:

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d)Tower Separation Distance

Planning and Development coordinated two simultaneous DC2 applications on adjacent sites and worked with both applicants to ensure a separation distance of 27 meters (88 feet) between the proposed towers. The present DC2 proposals are configured to ensure continued availability of a view corridor from inside the McKayAvenueSchool grounds and from numerous adjacent apartment towers. Tower setbacks over the podium are not presently required in the HDR zone, however, they are a feature of the proposed DC2 provision.

d) Amenity Space

A green roof in excess of 383m² will be developed on the podium’s rooftop. It will be landscaped and will be accessible to all of the buildings residents to provide additional green space while providing an aesthetically pleasing alternative to a bare roof when viewed from neighbouring apartments that look down on the site. The green roof will reduce the water run-off and act as an excellent insulator during the summer and winter months, reducing energy consumption for heating and cooling. Additional portions of the roof space will be used for private amenity areas for individual units. Plant species chosen for the green roof will provide colour and texture throughout the year.

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e)Landscaping

Based on feedback received at the public meeting the Planning & Development Department requested that the applicant retain the services of a certified landscape architect to design a rich landscape plan for this project. The landscape plan has been reviewed to the satisfaction of the Planning and Development, Transportation, and Asset Management and Public Works Departments. The applicant was commended by the Edmonton Design Committee and the Downtown Edmonton Community League for dramatically increasing their commitment to providing an appropriate landscape plan and for committing to the landscape plan through provisions included in the proposed DC2 regulations.

f)Off Site Improvements

The proposed development provides the following off-site improvements and amenities which assist in providing an improved neighbourhood environment in the immediate vicinity of the development:

  • streetscape improvements that include new sidewalks, ornamental street lighting, boulevard landscaping and street furniture;
  • a landscaped area for public art or seating at the intersection of 98 Avenue and 105 Street;
  • provision of $100,000 for a public art commission at a prominent location on site;
  • provision of a paved lane, replacing an existing dirt and gravel lane, regarded and developed to a commercial standard, east of the proposed development, with a wide turn around area to accommodate city garbage trucks and a loading area for off-street move-in and move-out activities.

The developer has agreed to coordinate all proposed off-site landscape design as indicated in the attached site and landscape plans.

g)Downtown Plan Update

The proposed increase in height, density and FAR is consistent with the recommendations of the draft Downtown Plan that proposes to allow increased building height and density in exchange for neighbourhood enhancements provided through on-site and off-site amenity contributions, contributions to public art and view retention.

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3.Smart Choices

Smart Choices scorecards are not required to evaluate development proposals within the Downtown; however, the proposal achieves an overall score of 90%, or four stars out of a possible five stars on the Smart Choices Scorecard. A score of five stars was not achieved as the proposed development does not include a contribution to affordable housing. The Smart Choices Initiatives pertaining to Neighbourhood Re-investment, Residential Infill, Urban Design and Walkability are supported by the application. The proposed development represents:

  • Reinvestment in a mature neighbourhood
  • Greater choice of housing types within the area
  • Potential catalyst for further re-investment
  • Infrastructure enhancement through improvements to the public realm
  • Walkability is encouraged through streetscape improvements.
  • Transit oriented development serviced by existing bus and LRT routes
  • Reduced parking to encourage the use of alternative transportation
  • Active pedestrian-oriented frontages
  • Green roofs and other sustainability initiatives
  1. Edmonton Design Committee

The Edmonton Design Committee (EDC) reviewed this application on Monday March 18, 2008 and tabled the item due to missing information. The committee reviewed the application again on Monday June 9, 2008.

The EDC subsequently recommended support for the proposal subject to a number of conditions including:

  1. Review landscaping on the Northwest entrance to make it more attractive and comfortable.
  2. Pull back the 105th Street public boulevard sidewalk carriage right-of-way
  3. Increase sustainability targets
  4. It is recommended that proposed DC2 text should read as a maximum of 167 resident vehicle parking spaces and not as a minimum.
  5. Re word the proposed DC2 text to read as “the design and construction of the building shall ensure”
  6. Allow for alternate locations for public art

The proposed DC2 Provision has incorporated the following recommendations to address the EDC conditions of approval as follows: