99 Street Corridor Planning and Zoning Explained

INTRODUCTION

Through a few recent rezoning applications, most recently for the corner of 90th Avenue and 99th Street, there has been a lot of discussion about changes to policies and zoning for the 99th Street corridor in Strathcona. The information below has been prepared in an attempt to provide some clarity and details on both the past, current and future state of policies and zoning for the 99th Street Corridor.

POLICY VS. ZONING

The most important part of this conversation is understanding the difference between policies and zoning. Policies are directions found within Council-approved plans such as the Strathcona Area Redevelopment Plan that shape the nature of future development. They factor into recommendations by Administration, and ultimately decisions by Council, on changes to land use, but do not themselves control the development rights on a given parcel of land. Zones, on the other hand, contain the regulations that control development rights and are contained in the Zoning Bylaw.

If plans are amended without a rezoning, or when the regulations within a zone are amended without an associated amendment to a plan, this can result in discrepancies between a plan and zoning. When this happens, landowners can choose to develop within the existing zone, regardless of whether it aligns with the plan. Or, they can attempt to rezone.

If they choose to rezone, their proposed zone must comply with the plan, unless they also propose an amendment to the plan. In either case, the new zone and the plan must align at the end of that process if Council approves the application. If they choose to develop within the existing zone, it is the existing zoning regulations that take precedence over any policies of a plan. This can lead to developments that do not align with the plan, and they are allowed because they conform with the zone.

HISTORICAL POLICY & ZONING

The Strathcona Area Redevelopment Plan, which came into effect in 1998, assigned the Walk Up Apartment Area to the 99th Street corridor and associated policies directed buildings to be 3 to 4 storeys in height. These policies were implemented in the Zoning Bylaw by the Medium Density Residential Overlay, which reduced the normal 6 storey height of the (RA8) Medium Rise Apartment Zone to 4 storeys. Policy and zoning were aligned.

Also, while there has always been a Municipal Development Plan for the entire City, pre-2020 versions did not provide direction for building scale at specific locations in the City, such as key nodes and corridors outlined in the recently adopted City Plan.

RECENT CHANGES AND CURRENT STATE

In August 2019, the Medium Density Residential Overlay was removed from the Zoning Bylaw, meaning the underlying 6 storey height of the RA8 Zone became allowed along this corridor. Information and reports associated with this change can be found in the minutes for the August 26, 2019 Public Hearing (Item 3.29). When this was approved, there was no associated amendment to the policies in the Strathcona Area Redevelopment Plan so a misalignment came into existence. The plan still had policies directing a 4 storey height but the zoning, which takes precedence, now allowed 6 storeys.

Another recent change is that The City Plan, Edmonton’s new Municipal Development Plan, has been approved. Unlike previous versions before it, this version does provide direction for built form at specific locations in the City, such as key nodes and corridors. The 99th Street corridor is identified as a Secondary Corridor where the typical massing/form is directed to be low-rise and mid-rise. A low-rise building is typically considered those under 5 storeys, while mid-rise buildings are typically considered those between 6 and 12 storeys.

Because of the above recent changes to zoning and policy, there is now a general alignment between the zoning on the 99th Street corridor and the new City Plan, but not with the Strathcona Area Redevelopment Plan.

POTENTIAL FUTURE CHANGES

Going forward, there are two projects being worked on, one in relation to policy and the other in relation to zoning, that could further change what kind of redevelopment happens along this corridor.

The first is that The City Plan directs that the city be divided up into Districts, and it is anticipated that each District will have a plan established for it. District Plans will provide policy direction for a collection of neighbourhoods within it, and over time, consolidate and replace current neighbourhood level plans that exist, as necessary.

This means that the Strathcona Area Redevelopment Plan and neighbourhood level plans that other communities have within the District, may be repealed at some point in the future and they would no longer be factored into decisions on changes to land use. These District Plans have yet to be developed and when that process is undertaken, there will be consideration of what kinds of policy direction they provide neighbourhoods and what current policies can be further consolidated.

The Zoning Bylaw Renewal Initiative is occuring in tandem with District Planning to ensure city builders have the regulatory tools needed to realize The City Plan’s land-use concept. The initiative is a comprehensive overhaul of our current Zoning Bylaw that includes rethinking how, what and why the City regulates in terms of zoning and land development. Through the initiative, the City will develop a strategic, simplified and streamlined bylaw to enable people, places and businesses to thrive and prosper.

Once Edmonton’s new Zoning Bylaw is approved, the city will be completely rezoned to comply with the new bylaw. Though an area’s new zone will be comparable to its current zone, some development regulations may be different than they are today. Due to this, the 99th Street corridor could have some different development regulations once the Zoning Bylaw Renewal Initiative is complete. This work is ongoing and more information about it, as well as opportunities to provide input, can be found on the project webpage.