DC 21522

Oliver - northeast corner of Jasper Avenue NW and 115 Street NW

Charter Bylaw 20111 (June 8, 2022)

Bylaw 21522 (June 15, 2026)

1.1.	To accommodate two residential towers with active Podiums fronting onto Jasper Avenue NW, 115 Street NW, and the east-west Alley which contribute to an inviting pedestrian oriented main street that transitions to the residential character of the Wîhkwêntôwin neighbourhood to the north.

2.1.	This Zone applies to Lots 80-86, Block 14, Plan B3, located on the northeast corner of Jasper Avenue NW and 115 Street NW, as shown on Schedule “A” of the Bylaw adopting this Zone, Wîhkwêntôwin.
2.2.	The Uses and Regulations as outlined in this Zone apply to both Area “A” and Area “B”, as shown in Appendix 1 and more particularly described in Section 2.3, unless otherwise specified.
2.3.	Area “A” applies to Lots 84-86, Block 14, Plan B3 and Area “B” applies to Lots 80-83, Block 14, Plan B3.

3.1.	Area A
	Residential Uses
	3.1.1.	Home Based Business
	3.1.2.	Residential, limited to:
		3.1.2.1.	Lodging House
		3.1.2.2.	Multi-unit Housing
		3.1.2.3.	Supportive Housing
	Commercial Uses
	3.1.3.	Centre City Temporary Parking
	3.1.4.	Indoor Sales and Service
	3.1.5.	Office
	3.1.6.	Residential Sales Centre
	Community Uses
	3.1.7.	Child Care Service
	Sign Uses
	3.1.8.	Fascia Sign
	3.1.9.	Projecting Sign
3.2.	Area B
	Residential Uses
	3.2.1.	Home Based Business
	3.2.2.	Residential, limited to:
		3.2.2.1.	Lodging House
		3.2.2.2.	Multi-unit Housing
		3.2.2.3.	Supportive Housing
	Commercial Uses
	3.2.3.	Bar
	3.2.4.	Cannabis Retail Store
	3.2.5.	Centre City Temporary Parking
	3.2.6.	Custom Manufacturing
	3.2.7.	Food and Drink Service
	3.2.8.	Health Service
	3.2.9.	Indoor Sales and Service
	3.2.10.	Liquor Store
	3.2.11.	Minor Indoor Entertainment
	3.2.12.	Office
	3.2.13.	Residential Sales Centre
	Community Uses
	3.2.14.	Child Care Service
	3.2.15.	Community Service
	3.2.16.	Library
	3.2.17.	School
	Sign Uses
	3.2.18.	Fascia Sign
	3.2.19.	Minor Digital Sign
	3.2.20.	Projecting Sign

4.1.	In Area A, Residential Sales Centres must be limited to the marketing of on Site Dwellings.
4.2.	In Area B, Commercial Uses and Community Uses must be limited to the first Storey of the Podium.
4.3.	In Area B, only 1 Bar Use is permitted. The maximum interior Public Space is 300 m2. The maximum exterior Public Space is 150 m2.
4.4.	Cannabis Retail Stores must comply with Section 6.30 of the Zoning Bylaw.
4.5.	Child Care Services must comply with Section 6.40 of the Zoning Bylaw.
4.6.	Home Based Businesses must comply with Section 6.60 of the Zoning Bylaw.
4.7.	Liquor Stores must comply with Section 6.70 of the Zoning Bylaw.
4.8.	Signs in Area A and Area B must comply with Section 6.90 of the Zoning Bylaw, including 5 of Section 6.90.
4.9.	Special Events must comply with Section 6.100 of the Zoning Bylaw.
4.10.	Centre City Temporary Parking must comply with Section 6.120 of the Zoning Bylaw.
4.11.	Community Services Uses must comply with Section 6.130 of the Zoning Bylaw.

5.1.	The Site must be developed in general conformance with the attached Appendices.
5.2.	The maximum total number of Dwellings is 905 for the land subject to this Zone.
5.3.	The maximum Floor Area Ratio is:
	5.3.1.	Area A: 12.0; and
	5.3.2.	Area B: 16.5.
5.4.	The maximum Height is:
	5.4.1.	Area A: 100 m; and
	5.4.2.	Area B: 180 m.
5.5.	The Height of the Podium is:
	5.5.1.	Area A: a maximum of 15.0 m; and
	5.5.2.	Area B: a minimum of 6.5 m and a maximum of 27.0 m.
5.6.	The minimum Podium Setbacks in Area A are:
	5.6.1.	6.0 m from the north Lot line;
	5.6.2.	3.0 m from the south Lot line;
	5.6.3.	1.5 m from the east Lot line; and
	5.6.4.	3.0 m from the west Lot line.
5.7.	The minimum Podium Setbacks in Area B are:
	5.7.1.	3.0 m from the north Lot line, except the Setback is:
		5.7.1.1.	a minimum of 10.0 m for portions of the development between 9.5 m and 24.5 m in Height; and
		5.7.1.2.	a minimum of 8.0 m for portions of the development greater than 24.5 m in Height.
	5.7.2.	4.0 m from the south Lot line, except the Setback is:
		5.7.2.1.	a minimum of 6.0 m for portions of the development between 9.5 m and 24.5 m in Height; and
		5.7.2.2.	a minimum of 4.0 m for portions of the development greater than 24.5 m in Height.
	5.7.3.	0.0 m from the east Lot line, except the Setback is:
		5.7.3.1.	a minimum of 12.5 m for portions of the development between 12.5 m and 24.5 m in Height; and
		5.7.3.2.	a minimum of 11.0 m for portions of the development greater than 24.5 m in Height.
	5.7.4.	3.0 m from the west Lot line, except the Setback is:
		5.7.4.1.	a minimum of 5.0 m for portions of the development between 9.5 m and 24.5 m in Height; and
		5.7.4.2.	a minimum of 3.0 m for portions of the development greater than 24.5 m in Height.
5.8.	The portions of the underground Parkades below ground level are not subject to required Setbacks and can extend to all Lot lines provided there is sufficient soil depth maintained to support any required Landscaping above.
5.9.	Despite Subsection 5.6.1 of this Zone, a vehicle access ramp, and any retaining walls or development required to support this access ramp, are permitted within the north Setback up to a maximum of 20.5 m from the east Lot line.
5.10.	The minimum Tower Setbacks are:
	5.10.1.	Area A:
		5.10.1.1.	12.5 m from the north Lot line;
		5.10.1.2.	7.5 m from the south Lot line;
		5.10.1.3.	7.0 m from the east Lot line; and
		5.10.1.4.	7.5 m from the west Lot line.
	5.10.2.	Area B:
		5.10.2.1.	11.0 m from the north Lot line;
		5.10.2.2.	10.0 m from the south Lot line;
		5.10.2.3.	20.5 m from the east Lot line; and
		5.10.2.4.	10.5 m from the west Lot line.
5.11.	Vertical architectural projections are permitted to project from the Tower Facade, as shown in the Appendices of this Zone, to a maximum of 1.5 m and must be a maximum of 0.5 m in width.
5.12.	The minimum distance between Tower Facades is 25.0 m.
5.13.	The maximum Tower Floor Plate for each Tower is 800 m2.
5.14.	In Area B, weather protection in the form of a canopy or any other projecting architectural element must be provided along Jasper Avenue NW and 115 Street NW to create a comfortable environment for pedestrians and project a maximum of 3.0 m from the Podium Facades.
5.15.	In Area A balconies may project:
	5.15.1	a maximum of 1.5 m from Podium Facades; and
	5.15.2.	a maximum of 2.5 m from Tower Facades.
5.16.	In Area B balconies may project:
	5.16.1.	a maximum of 2.0 m from Podium Facades; and
	5.16.2.	a maximum of 2.5 m from Tower Facades.

6.1.	Buildings must consist of a Podium and Tower configuration.
6.2.	Ground Floor Uses fronting Jasper Avenue NW must be non-Residential.
6.3.	Ground floor Commercial Uses and Community Uses must have separate access at grade from Residential Uses.
6.4.	The architectural treatment of the Podium Facades containing non-Residential Uses must strengthen the pedestrian-oriented experience by incorporating the following:
	6.4.1.	Building entrances, and windows must be oriented to front a public roadway.
	6.4.2.	a ground Storey that must have a minimum Height of 6.5 m.
	6.4.3.	the placement and type of windows must allow viewing into the building to promote a positive pedestrian-oriented street.
	6.4.4.	Facades of the building at street level must be designed to break the appearance into 11.0 m sections or less using a combination of recesses, projections, change in building materials, colours, or physical breaks in building mass.
	6.4.5.	a maximum of 10% of the first Storey glazing can be covered by Signs. The remainder of the glazing must remain free from obstruction.
	6.4.6.	A minimum of 70% of the linear frontage must consist of transparent and unobstructed glazing that allows viewing in and out of the Use to the satisfaction of the Development Planner. Linear frontage must be measured as the horizontal plane at 1.5 m above ground level.
6.5.	All Ground Floor Dwellings in Area A and Area B that are adjacent to the east-west Alley must:
	6.5.1.	provide an individual at-grade external entrance, oriented and clearly visible from the Alley. Sliding patio doors must not serve as the main entrance of a Dwelling; and
	6.5.2.	have an elevation for the entrance that is a maximum of 1.0 m above or below the adjacent Alley.
6.6.	All Facades on the Podiums and Towers must be designed to include the use of different architectural elements and treatments, articulated Facades, materials, and colours to add variety, rhythm, break up the massing and provide a sense of human scale.
6.7.	Podium Facades facing a Street, other than an Alley, must be designed with detail and articulation to a maximum of 11.0 m intervals to create attractive streetscapes and interfaces, to the satisfaction of the Development Planner.
6.8.	The Podiums must address Jasper Avenue NW, 115 Street NW and the east-west Alley through multiple entrances, transparent glazing, and distinctive architectural features consistent with the style of the building.
6.9.	Exterior finishing materials must be durable, high quality and appropriate for the development within the context of the surrounding area. Vinyl siding and masonry stucco as a finishing material is not permitted.
6.10.	Buildings in Area A and Area B must be designed such that they are distinct from one another but reinforce the design details, materials, and architectural expression of one another.
6.11.	The Tower tops will contribute to the city’s skyline through treatment of the upper Storeys and roof. The Towers must provide articulation and visual interest and reduce massing effects by combination of sculpting of the building, variation of material / colour, or other means to the satisfaction of the Development Planner.
6.12.	The Tower Floor Plate of the top 2 Storeys of each building must be reduced a minimum 10% to create articulation, visual interest, and reduced massing effects.
6.13.	Podium roofs must provide enhancements to improve rooftop aesthetics to the satisfaction of the Development Planner. Enhancements may include, but are not limited to, patios, gardens, green roofs or additional Amenity Area.
6.14.	In Area A, balconies must be designed to provide visual interest through the use of elements such, as but not limited to, transparent glass panels, reflective opaque spandrel glass panels, metal panels, and louvers that would break up the patterning of window wall glazing and hide columns and other building elements at the Facade to the satisfaction of the Development Planner.
6.15.	In Area B, balconies on the Tower must be designed to reflect an irregular sawtooth shape to provide visual interest. To reduce the visual impact of massing of the building, balconies on the Podium must maintain transparency through the provision of metal railings with tempered glass panels or other durable transparent materials to the satisfaction of the Development Planner.
6.16.	Public facing art must be located on the east Podium Facade in Area B to add interest and contribute to the improvement of the pedestrian public realm, to the satisfaction of the Development Planner.
6.17.	All mechanical equipment, including roof mechanical units, must be concealed by screening in a manner compatible with the architectural character of the buildings, or concealed by incorporating it within the buildings. Ground level vents must be oriented away from adjacent Sites or on-Site amenities or pedestrian circulation areas.

7.1.	Vehicular access to each Site must be provided from an Alley and must be a minimum of 45.0 m from the west Lot line.
7.2.	All vehicular parking must be provided within underground Parkades, except that a maximum of 6 surface visitor parking spaces may be located along the east Lot line of Area A.
7.3.	Bike Parking must be provided in accordance with the Zoning Bylaw, to the satisfaction of the Development Planner in consultation with the City department responsible for transportation services, and the following:
	7.3.1.	Long Term Bike Parking spaces in a safe and secure location in the underground Parkades or in another secure location within the Podium that are easily accessible to cyclists via access ramps, or a route through the building which facilitates easy and efficient transportation of bicycles must be provided as follows:
		7.3.1.1.	For Residential Uses at a minimum rate of 0.75 spaces per Dwelling;
		7.3.1.2.	For all other Uses at a minimum rate of 1.0 space per 140 m2 of Floor Area.
	7.3.2.	A minimum of 20 Bike Parking Spaces must be provided as short-term spaces for commercial uses and visitors at ground level in highly visible locations, to the satisfaction of the Development Planner in consultation with the City department responsible for transportation services.
7.4.	In Area A and Area B a bike wash, maintenance, and repair station must be required within each underground Parkade.
7.5.	All loading, waste collection and storage areas must be accessed from an adjacent Alley. These areas must be designed to the satisfaction of the Development Planner in consultation with the City departments responsible for transportation services and waste management services.
7.6.	A minimum of 1 off-Street Loading Space must be provided in each of Area A and Area B and must be accessed from the Alley.

8.1.	Despite Section 5.60 of the Zoning Bylaw, Landscaping must be in general conformance with the Appendices of this Zone.
8.2.	The required Landscape Plan submitted with a Development Permit application for new building construction must be prepared by a Landscape Architect registered with the Alberta Association of Landscape Architects (AALA).
8.3.	Setbacks in front of non-Residential Uses must be Hard Surfaced and visually incorporated into the public sidewalk and designed to enhance and complement the streetscape established in the Imagine Jasper Avenue design plan.
8.4.	Landscaping must consider the use of plant materials that provide colour, texture, and visual interest throughout the year.
8.5.	An arborist report and tree preservation plan must be submitted with the Development Permit application for each principal building to determine the impact of the proposed development, including excavation and construction, on the existing boulevard trees along Jasper Avenue NW and 115 Street NW. The Development Planner, in consultation with the City department responsible for Forestry, must determine the amount and size of roots that may need to be cut for the parkade/foundation wall. If:
	8.5.1.	the arborist report indicates that the development will unduly compromise the ongoing viability and health of a tree or trees, each tree must be removed and replaced by a new tree in an enhanced growing soil medium in the form of soil cells or continuous trenches, at the cost of the owner; or
	8.5.2.	the arborist report indicates that the development will not unduly compromise the ongoing viability and health of a tree or trees, each tree must be retained and protected as per the City’s Corporate Tree Management Policy C456C.
8.6.	A minimum Amenity Area of 7.5 m2 per Dwelling must be provided in accordance with Section 5.20 of the Zoning Bylaw.
8.7.	Decorative and security lighting must be designed and finished in a manner consistent with the design and finishing of the development and must be provided to ensure a well-lit environment for pedestrians, to accentuate artwork and building elements, and to highlight the development at night time and in winter months. Night-time light pollution must be reduced by avoiding over-illumination of the development with the use of low cut-off exterior lighting fixtures.
8.8.	Exterior lighting associated with the development must be designed to minimize impact on an adjacent property. A detailed exterior lighting plan must be provided to the satisfaction of the Development Planner.

9.1.	A Comprehensive Sign Design Plan shall be prepared for the development and submitted with the Development Permit application for construction of each principal building.
9.2.	Site and building layouts must include design elements that take the principles of Crime Prevention Through Environmental Design (CPTED) into consideration. The Development Planner may, at their discretion, require a CPTED assessment prepared in accordance with Section 5.110 of the Zoning Bylaw to confirm this has been done to their satisfaction. The Development Planner must apply any conditions deemed necessary to the approval of the Development Permit based on the recommendations of the CPTED assessment to promote a safe physical environment.
9.3.	Prior to the issuance of a Development Permit for any buildings greater than 20.0 m in Height, a Qualitative (CFD) Wind Impact Study as determined by the Wind Impact Assessment must be submitted for review. The development must incorporate design features to minimize adverse microclimatic effects such as wind tunneling, snow drifting, rain sheeting both on and off Site, consistent with the recommendations of the Qualitative (CFD) Wind Impact Study.
9.4.	A Sun Shadow Study must be prepared and submitted with the Development Permit application for each principal building, to the satisfaction of the Development Planner. Any mitigation measures recommended by the study must be incorporated into the design of the building, to the satisfaction of the Development Planner to ensure the shadow impacts are adequately mitigated.
9.5.	Despite the other Development Regulations of this Zone, the Appendices of this Zone and Section 7.80.4.1.1.5 of the Zoning Bylaw, in the event that the owner/developer does not obtain a valid Development Permit and Building Permit for a principal building by June 8, 2029, development of the Site must be in accordance with this Zone, except that:
	9.5.1.	Area A
		9.5.1.1.	the maximum Height is 60.0 m;
		9.5.1.2.	the maximum Floor Area Ratio is 5.2; and
		9.5.1.3.	the maximum Density is 650 Dwellings per hectare.
	9.5.2.	Area B
		9.5.2.1.	the maximum Height is 36.6 m;
		9.5.2.2.	the maximum Floor Area Ratio is 6.0; and
		9.5.2.3.	the maximum Density is 450 Dwellings per hectare.

10.1.	A minimum of 22 Dwellings must be designed with the following characteristics:
	10.1.1.	the Dwelling must have a minimum of 3 bedrooms;
	10.1.2.	the Dwelling must be located in the lower 9 Storeys of the building;
	10.1.3.	a minimum of 3 Dwellings must located at the ground level facing 115 Street NW in Area A;
	10.1.4.	a minimum of 6 Dwelling must be located in Area A and a minimum of 11 must be located in Area B;
	10.1.5.	have direct access to Private Outdoor Amenity Area which can include balconies or patios; and
	10.1.6.	be supported by a minimum of 3 of the following amenities located within the same building as the Dwellings:
		10.1.6.1.	access to common Amenity Area designed for children of at least 90 m2;
		10.1.6.2.	dedicated and enhanced bulk storage located within the Dwelling, or on the same Storey as the Dwelling;
		10.1.6.3.	dedicated and secured Bike Parking or cage which must have racks or railings for a minimum of three bicycles. This Bike Parking room or cage may be located within the Dwelling, on the same Storey as the Dwelling, or within a centralized Bike Parking room; and
		10.1.6.4.	access to a Private Outdoor Amenity Area a minimum of 10 m2.
10.2.	Prior to the issuance of the Development Permit of construction of the first principal building, the owner must enter into an agreement between the City and the owner to contribute $952,238.40 to the creation of, or improvement to, an off-Site Public Amenity such as the upgrading of Kitchener Park, other parks, gardens or open spaces with the Wîhkwêntôwin neighbourhood. The funds must be submitted to the City prior to the issuance of the Development Permit and be disbursed by the City. More specific agreement details must be determined at the Development Permit stage between the owner and the City, in consultation with the Wîhkwêntôwin Community League.
	10.2.1.	Despite the above, if a Development Permit application for a principal building has not been made within five (1) year of the date of approval of the Bylaw adopting this Zone, this contribution amount must be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.
10.3.	A minimum 3.0 m wide pedestrian oriented publicly accessible private space must be created within each building’s setback adjacent to the east-west Alley directly abutting Areas A and B. This space must include, but not be limited to, the provision of sidewalks, street lighting, street furnishings, and soft landscaping on the north and south sides of the Alley. Improvements must be constructed at the owner’s cost, be designed to the satisfaction of the Development Planner in consultation with the City departments responsible for transportation services, infrastructure integration services, and city operation services.
10.4.	As a condition of a Development Permit for construction of the first principal building, the owner must enter into an Agreement with the City of Edmonton for off-Site improvements necessary to serve or enhance the development, to the satisfaction of the Development Planner in consultation with the department responsible for transportation services and development coordination. Such improvements must be constructed at the owner’s cost. The Agreement process must include an engineering drawing review and approval. In addition to improvements required under Subsection 5 of Section 7.150 of the Zoning Bylaw, improvements to be addressed in the Agreement include, but are not limited to:
	10.4.1.	Resurfacing the north-south Alley between the east-west Alley and 102 Avenue to a commercial Alley standard within the available right-of-way, including relocation and trenching of the above-ground utilities as required to serve the development.
	10.4.2.	Upgrading the east-west Alley between 114 Street NW and 115 Street NW to a commercial Alley standard within the available right-of-way, including relocation and trenching of the above-ground utilities as required to serve the development.
	10.4.3.	Improvements to the east-west Alley directly abutting Area A and Area B must integrate with the publicly accessible private space, as described in Section 10.3 of this Zone.
	10.4.4.	Improvements to the 6.0 m carriage way of the east-west Alley directly Abutting Areas A and B must be included in general conformance with the Appendices of this Zone. The exact material for the paving must be to the satisfaction of the Development Planner in consultation with the City department responsible for transportation services;
	10.4.5.	Repair of any damage resulting from construction of the development to the abutting roadways, sidewalks, street furniture, public trees,or boulevard, including Alleys not directly adjacent to the Site but that may be used for construction purposes, to the satisfaction of the Development Planner in consultation with the City department responsible for transportation services.
10.5.	The storm and sanitary drainage systems required to service the development, including off-site improvements and on-site stormwater management, must be in general conformance with the Drainage Servicing Report or alternatives to the satisfaction of the Development Planner in consultation with the City department responsible for drainage services. Such improvements are to be constructed at the owner's cost.

Bylaw attachments

Bylaw 21522 - Schedule A map (334.17 KB)

Bylaw 21522 - Appendices (3.43 MB)