LAND USE AMENDMENT ITEM NO: 05

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1 REPORT TO CALGARY PLANNING COMMISSION LAND USE AMENDMENT ITEM NO: 05 FILE NO: LOC CPC DATE: 2013 February 14 COUNCIL DATE: BYLAW NO: HILLHURST (Ward 7 - Alderman Farrell) ISC: Protected Page 1

2 PROPOSAL: To redesignate 0.25 ha (0.61 ac ) located at 227, 233, 301 and Street NW (Plan 5609J, Block J, Lots 9 to 17) from Commercial Corridor 1 f2.8d13 (C-COR1f2.8h13) District to DC Direct Control District to accommodate mixed use development in compliance with the Hillhurst/Sunnyside Area Redevelopment Plan. (Map 21C) APPLICANT: D C Investments (The Dobbin Group) CURRENT DEVELOPMENT: OWNER: Street NW Ltd Street NW Ltd Carpentry Workers of Alberta Building and Benevolent Society (Calgary) Small scale commercial retail units (C-COR1f2.8h13) ADJACENT DEVELOPMENT: NORTH: Small scale commercial retail units (C-COR1f2.8h13) SOUTH: Small scale commercial retail units (C-COR1f2.8h13) EAST: 10 Street NW, small scale retail units and surface parking lot (C-COR1 and DC District) WEST: Lane and Single detached dwellings (M-CGd72) SUMMARY OF CIRCULATION REFEREES ENVIRONMENTAL MANAGEMENT COMMUNITY ASSOCIATION Hillhurst / Sunnyside Community Association Not applicable No comments have been received at the time of writing this report. PLANNING EVALUATION Introduction The intent of this land use amendment application is to implement the policies of the Hillhurst/Sunnyside Area Redevelopment Plan (ARP). The intent is further to allow for transit and pedestrian oriented mixed use development, and include the recent addition to allow for the bonus provisions approved by Council on 2012 November 5. Page 2

3 The redesignation seeks to amend the land use district from Commercial Corridor 1 f2.8d13 (C-COR1f2.8h13) District to a DC Direct Control District based on C-COR1 with a maximum floor area ratio of 4.0 and a maximum height of 20.0 metres. The DC Direct Control District is based on the C-COR1 District of Bylaw 1P2007. Administration recommends support for the proposed land use redesignation. Site Context The subject site is situated in the commercial area of Hillhurst/Sunnyside on 10 Street NW, midblock between the intersections of 10 Street NW with Kensington Road NW to the south and 3 Avenue NW to the north. The surrounding area consists of primarily retail commercial uses. The subject site is well situated in close proximity to two routes of the Primary Transit Network, indicated on Map 2 of the Calgary Transportation Plan. The north-west LRT line is situated to the east of the subject site with the Sunnyside LRT station within a 10 minute walking radius. Several bus lines are operating along 10 Street NW with bus stops to the north and south of the site. Proposed Land Use District The proposed land use district is a DC Direct Control District based on the Commercial Corridor 1 District of Bylaw 1P2007 with rules stipulating a maximum floor area ratio at 4.0 and a maximum height of 20.0 metres. In addition to allowing for a mixed use development with retail uses on lower floors and with office or residential uses above, the DC Direct Control District has a number of key components to implement the policies and development guidelines of the Hillhurst/Sunnyside Area Redevelopment Plan: 1) it allows for a range of street oriented retail uses with rules to encourage a small scale retail character; 2) it allows for a flexible building envelope to promote architectural articulation; and, 3) it allows for the implementation of the density bonus provisions. Site Characteristics The subject site is flat and contains small scale buildings. There are no restrictive characteristics preventing the site from being redeveloped. Legislation & Policy Municipal Development Plan On the Urban Structure map of the Municipal Development Plan, the land use typology for the subject site is Neighbourhood Corridor. Neighbourhood corridors are streets situated in the Inner City and are the main streets for one or more communities. Neighbourhood corridors have a strong historical connection to the adjacent communities. Tenth Street NW is classified as a neighborhood corridor, which supports moderate levels of intensification in close proximity to the Primary Transit Network indentified on Map 2 of the Calgary Transportation Plan. The level of moderate intensification for the subject site has been established through the local area redevelopment plan process and is reflected in the DC Direct Control District. Page 3

4 Hillhurst/Sunnyside Area Redevelopment Plan (latest amendment 2012 November) In February 2009, Council approved the amendment to the Hillhurst/Sunnyside Area Redevelopment Plan (ARP) to add Part II Transit Oriented Development Area. The subject site is situated in the area identified as Urban Mixed-use on Map 3.1 of the ARP with a maximum floor area ratio of 4.0 and a maximum height of 20.0 metres. The Urban Mixed-use typology in the ARP recognizes the potential of the 10 Street NW neighbourhood corridor to accommodate the highest densities and building heights in the area. Tenth Street NW, however, has a unique and established character of fine-grained small scale retail commercial units and numerous policies are contained in the ARP to maintain that character while allowing for redevelopment. The ARP policies are designed to protect the public realm (sidewalk) and ensure development that is at a human scale and pedestrian friendly. From a land use perspective, the proposal contained in this application complies with the principles and policies of the Hillhurst/Sunnyside Area Redevelopment Plan. Site Layout & Building Design This Land Use Amendment application is not tied to plans. Although the subject site is situated on a commercial street (10 Street NW), a rear lane separates the subject site from the low density single detached dwellings to the west. The local area redevelopment plan, as well as the proposed Direct Control District, requires a 5.0 metre building setback from the lane to protect the low density residential properties. Additionally, at a building height of 12.0 metres, a 3.0 metre building stepback is also required to minimize overlooking and shadow impacts. There are existing policies in the Hillhurst/Sunnyside Area Redevelopment Plan to promote an articulated building design with a building massing at human scale that is sensitive to the sidewalk and street. Site Access & Traffic A Transportation Impact Assessment (TIA) was not required for this Land Use Amendment application. A TIA may be required at the Development Permit stage depending on the size and nature of redevelopment proposals. Vehicular access to the subject site will not be permitted from 10 Street NW and will be restricted to the lane. The purpose of restricting vehicular access across the 10 Street NW boulevard is to increase pedestrian circulation and safety in the area identified as the Hillhurst/Sunnyside Transit Oriented Development area. Parking A Parking Study was not required for this land use amendment application. No surface parking shall be permitted with the substantive redevelopment of the subject site and all parking must be provided underground. Page 4

5 Situated within the Transit Oriented Development area, the parking policies of the Hillhurst/ Sunnyside ARP reflect the reduced demand for parking. A parking study may be submitted at the Development Permit stage to determine the reduced parking requirements and should take into consideration the policies of Part II Transit Oriented Development Area of the local area redevelopment plan. Site Servicing for Utilities Site servicing is available to support the redevelopment of the site. Environmental Site Assessment An Environmental Site Assessment was not required for this application. Community Association Comments No comments have been received from the Community Association at the time of writing this report. Adjacent Neighbour Comments Comments were received from one adjacent neighbour and can be summarized as follows: 1) a building height of 20 metres will have shadow impacts on the back yards of the single detached dwellings situated along 10A Street NW; and 2) it will affect the privacy of residential back yards. Heritage The buildings on the subject site are not listed on the City s Inventory of Evaluated Historic Resources. CONCLUSION: The proposal is supported for the following reasons: 1. It conforms to the Municipal Development Plan; 2. It allows for an appropriate set of uses and use rules in context with the character of 10 Street NW; and 3. It conforms to the Transit Oriented Development Area guidelines of the Hillhurst/Sunnyside Area Redevelopment Plan. Page 5

6 CORPORATE PLANNING APPLICATIONS GROUP RECOMMENDATION: APPROVAL Recommend that Council ADOPT, by bylaw, the proposed redesignation of 0.25 hectares ± (0.61 acres ±) located at 227, 233, 301 and Street NW (Plan 5609J, Block J, Lot 9 to 17) from Commercial Corridor 1 f2.8d13 (C-COR1f2.8h13) District to DC Direct Control District to accommodate a mixed use development in compliance with the Hillhurst/Sunnyside Area Redevelopment Plan, with the following guidelines: Purpose 1 This Direct Control District is intended to: (a) (b) (c) accommodate a pedestrian oriented mixed-use development in compliance with the policies of the local area redevelopment plan; accommodate a range of uses with development guidelines to maintain the existing small scale retail commercial character along 10 Street NW; and implement the provisions of the density bonus system in the applicable local area redevelopment plan. Compliance with Bylaw 1P Unless otherwise specified, the rules and provisions of Parts 1, 2, 3 and 4 of Bylaw 1P2007 apply to this Direct Control District. Reference to Bylaw 1P Within this Direct Control District, a reference to a section of Bylaw 1P2007 is deemed to be a reference to the section as amended from time to time. Permitted Uses 4 The permitted uses of the Commercial Corridor 1 (C-COR1) District of Bylaw 1P2007 are the permitted uses in this Direct Control District. Discretionary Uses 5 The discretionary uses of the Commercial Corridor 1 (C-COR1) District of Bylaw 1P2007 are the discretionary uses in this Direct Control District. Bylaw 1P2007 District Rules 6 Unless otherwise specified, the rules of the Commercial Corridor 1 (C-COR1) District of Bylaw 1P2007 apply in this Direct Control District. Floor Area Ratio 7 (1) Unless otherwise referenced in subsection (2), the maximum floor area ratio is 2.8. (2) The floor area ratio may be increased to a maximum of 4.0 in accordance with the bonus provisions contained in subsections (4) and (5). (3) For the purposes of this section: Cash Contribution Rate means: $17.47 per square metre. The Cash Contribution Rate will be adjusted annually on January 1 by the Development Authority, based on the Statistics Canada Consumer Price Index for Calgary. Page 6

7 (4) A density bonus may be earned by a contribution to the Hillhurst/Sunnyside Park Improvement Fund, such that: Cash Contribution Amount = Cash Contribution Rate x Total floor area in square metres above the floor area ratio of 2.8. (5) A density bonus may be earned by the provision of an off-site improvement in accordance with the Hillhurst/Sunnyside Area Redevelopment Plan, where the allowable bonus floor area in square metres is equal to the cost of construction of the off-site improvement divided by the Cash Contribution Rate, such that: Allowable bonus floor area = Total construction cost of the off-site improvement / Cash Contribution Rate. Total construction cost will not include any construction costs necessary to fulfill the infrastructure requirements of a development permit for a development equal to or less than a floor area ratio of 2.8. Details of the construction cost will be determined through the development permit process. Building Height 8 The maximum building height is 20.0 metres. Building Orientation 9 (1) The main public entrance for uses situated at ground floor must face the property line shared with a street. (2) Motor vehicle parking stalls and loading stalls must not be located between a building and a street. Building Façade 10 (1) The length of the building façade that faces a street must be a minimum of 80.0 percent of the length of the property line it faces. (2) In calculating the length of the building façade, the depth of any required building setback will not be included as part of the length of the property line. Use Area 11 (1) Unless otherwise referenced in subsection (3), the maximum use area for uses on the ground floor of buildings is square metres. (2) Unless otherwise referenced in subsection (3), there is no maximum use area requirement for uses located on upper floors. (3) The maximum use area of a: (a) (b) Catering Service Minor, or a Catering Service Minor combined with any other use, is square metres; Cinema, or a Cinema combined with any other use, is square metres; and Page 7

8 (c) Supermarket, or a Supermarket combined with any other use, is square metres. Location of Uses within Buildings 12 (1) The following uses must not be located on the ground floor of buildings: (a) Addiction Treatment; (b) Assisted Living; (c) Catering Service Minor; (d) Child Care Service; (e) Cinema; (f) Counselling Service; (g) Custodial Care; (h) Financial Institution; (i) Fitness Centre; (j) Health Services Laboratory with Clients; (k) Instructional Facility; (l) Medical Clinic; (m) Office; (n) Pawn Shop; (o) Pet Care Service; (p) Place of Worship Small; (q) Post-secondary Learning Institution; (r) Radio and Television Studio; (s) Residential Care; (t) Social Organization; (u) Supermarket; and (v) Veterinary Clinic. (2) A minimum of 20.0 per cent of the gross floor area of buildings must contain non-residential uses. Front Setback Area 13 (1) The front setback area must have a minimum depth of 1.8 metres and a maximum depth of 3.0 metres. (2) The front setback area may be relaxed by the Development Authority for floors above the ground floor to provide for articulation of the building façade in terms of the massing guidelines of the Hillhurst/Sunnyside Area Redevelopment Plan, provided the relaxation test from Bylaw 1P2007 is met. Rear Setback Area 14 The rear setback area must have a minimum depth of 5.0 metres. Side Setback Area 15 There is no requirement for side setback areas. Building Stepback 16 (1) The minimum building stepback at a building height of 12.0 metres is: Page 8

9 (a) (b) 3.0 metres from the front façade of the building at the closest point to the front setback area; and, 3.0 metres from the rear façade of the building at the closest point to the rear setback area. Giyan Brenkman 2013/February 14 (2) There is no building stepback on side setback areas. (3) Building stepbacks may be relaxed by the Development Authority to provide for articulation of the building façade in terms of the massing guidelines of the Hillhurst/Sunnyside Area Redevelopment Plan, provided the relaxation test from Bylaw 1P2007 is met. Page 9

10 LOC APPENDIX I Page 1 City Wide Overview

11 LOC APPENDIX II Page 1 Aerial Overview

12 LOC APPENDIX III Page 1 APPLICANT S SUBMISSION The intent of this land use amendment application is to allow for the redevelopment of the subject site with a transit and pedestrian oriented mixed use development, implementing the policies of the Hillhurst/Sunnyside Area Redevelopment Plan (ARP). The re-designation seeks to amend the land use district from Commercial Corridor 1 (C-COR1 f2.8h13) to a DC Direct Control District with a maximum floor area ratio of 4.0 and a maximum height of 20.0 metres. The proposed DC Direct Control District implements the policies of the local Area Redevelopment Plan (ARP), the Transit Oriented Development Area (TOD) and the approved changes to the Density Bonus System (passed at the September 13, 2012 City of Calgary Planning Commission meeting). The subject site is situated in the commercial area of Hillhurst/Sunnyside on the west side of the 10th street immediately adjacent to the intersection between 10 Street NW and 2 Avenue NW. The surrounding area consists of primarily retail commercial uses. The site s street front character on 10 Street NW is part of the small scale retail commercial character of Kensington, although there are two parking lots within the applicant parcels. An application immediately across the street, the Lido Project is with the City awaiting City Council on Nov 5, 2012 (LOC ). A second redevelopment under construction in the area (to the north) is the St. John s Tenth Street mixed use development consisting for the most part of multi-residential units with retail at grade along the 10 Street NW frontage. The subject site is well situated in close proximity to two routes of the Primary Transit Network, indicated on Map 2 of the Calgary Transportation Plan. The north-west LRT line is situated one block to the east of the subject site with the Sunnyside LRT station within a 10 minute walking radius. Several bus lines are operation along 10 Street NW with bus stops to the north and south of the site. The proposed land use district is a DC Direct Control District based on the Commercial Corridor 1 District with modifiers stipulating a maximum floor area ratio at 4.0 and a maximum height of 20.0 metres. (C-COR1f4.0h20). In addition to allowing for a mixed use development with retail uses on lower floors and with office or residential uses above, the DC Direct Control District has a number of key components: Allows for the implementation of the policies and development guidelines of the Hillhurst/Sunnyside Area Redevelopment Plan; Allows for a range of street oriented retail uses with rules to maintain the small scale retail character; Allows for a flexible building envelope to promote architectural articulation envisioned in the local area redevelopment plan; and Allows for the implementation of a density bonus system as per the proposed amendment to the local area redevelopment plan.