DC2 1025

Downtown - North of 100 Avenue NW and west of 103 Street NW

Bylaw 18555 (October 10, 2018)

To accommodate two high rise residential buildings with a commercial podium that provides for an active and inviting pedestrian oriented streetscape fronting onto 104 Street and 100 Avenue.

This Provision shall apply to Lots 64, 65, 66, 67, 68 and 69, Block 3, Plan NB in the neighbourhood of Downtown, as shown on Schedule “A” of this Bylaw.

a. Apartment Housing
b. Apartment Hotels
c. Bars and Neighbourhood Pubs
d. Breweries, Wineries and Distilleries
e. Business Support Services
f. Cannabis Retail Sales
g. Child Care Services
h. Commercial Schools
i. Community Recreation Services
j. Convenience Retail Stores
k. General Retail Stores
l. Government Services
m. Group Homes
n. Health Services
o. Indoor Participant Recreation Services
p. Live Work Units
q. Limited Group Homes
r. Lodging Houses
s. Minor Alcohol Sales
t. Major Home Based Business
u. Media Studios
v. Minor Alcohol Sales
w. Minor Home Based Business
x. Minor Amusement Establishments
y. Personal Service Shops
z. Private Clubs
aa. Professional, Financial and Office Support Services
bb. Residential Sales Centre
cc. Restaurants
dd. Specialty Food Services
ee. Veterinary Services
ff. Fascia On-premises Signs
gg. Projecting On-premises Signs
hh. Temporary On-premises Signs, not including portable signs

4.1 General

a. The Site shall be developed in general accordance with Appendices I – VIII.
b. The maximum Floor Area Ratio (FAR) shall be 17.
c. The maximum number of Dwelling units shall be 700.
d. The maximum floor area for commercial uses shall be 1905 m2.
e. The maximum Height of the north Tower shall be 145 m
f. The maximum Height of the south Tower shall be 170 m.
g. The maximum Tower floor plates shall be 798 m2.
h. The minimum distance between the north and south Towers shall be 20 m.
i. The minimum Setback from the east lot line shall be 1.0 m except the east Setback shall be a minimum 0 m for a maximum distance of 10 m from the north Lot line.
j. The minimum Setbacks from the north, south and west Lot lines shall be 0 m. Notwithstanding this:
 
i. a minimum of 20% of the west façade shall be setback a minimum of 4.5 m to provide enhanced outdoor space at Grade in general accordance with Appendix I; and
ii. a minimum of 45% of the south façade shall be setback a minimum of 3.5 m to provide enhanced outdoor space at Grade in general accordance with Appendix I.
k. Building Setbacks from the south and west shall be integrated with the pedestrian oriented public realm of 104 Street NW and 100 Avenue NW as follows:
 
i. Setbacks shall be designed to accommodate seating, landscaping, and planters that contributes to the pedestrian-oriented character of the area and shall function as Public Amenity Space. No easement shall be required to be registered for this space;
ii. Setbacks shall be Hardsurfaced between the public sidewalk and the building, in general conformance with Appendix II; and
iii. Setbacks shall provide a combined minimum 300 m2 of enhanced outdoor space, not including entry walkways, fronting onto 104 Street and 100 Avenue. This enhanced outdoor space shall be in general accordance with Appendix I and II and shall have a minimum of :
 
A. 80 m2 enhanced outdoor space shall be located on south west corner of the site with a minimum depth of 6.0 m; and
B. 150 m2 enhanced outdoor space shall be located on the west Lot line with a minimum depth of 5.5 m.  
l. The minimum Tower setbacks from the Lot lines shall be as follows:
North Tower

From the north Lot line – 5.1 m

From the south Lot line – N/A

From the east Lot line –  12.0 m

From the west Lot line – 4.5 m
South Tower

From the north Lot line – N/A

From the south Lot line – 4.0 m

From the east Lot line – 4.5 m

From the west Lot line – 12.0 m
m. Minimum Setbacks for below Grade parkades shall be 0 m.
n. Platform Structures in the form of balconies above the podium shall be allowed to project a maximum of 2.5 m from the building facades.

 

4.2 Parking, Access, Loading and Storage

a. Minimum and maximum required parking for Residential Use Classes shall be provided as follows:
  Minimum Maximum
Studio 0 0.5
1 Bedroom Dwelling 0.4 1.0
2 Bedroom Dwelling 0.8 1.5
3 or more Bedroom Dwelling 0.8 2.0
Visitor Parking 0 1 per 10 units
b. No Off-Street parking shall be required for commercial uses.
c. All parking shall be accommodated in the below Grade Parking Garage.
d. Vehicular access and egress shall be provided off the alley abutting the development in accordance with Appendix I.
e. The underground driveway ramps shall be a minimum of 7 m wide and shall not exceed a slope of 10% for a minimum distance of 5 m inside the Lot line and the ramp must be at Grade at the line, or to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination.
f. Any parking access card devices must be located on Site, a minimum of 3.0 m inside the Lot line.
g. Retaining Walls bordering the below Grade Parking Garage ramp, shall not exceed a Height of 0.3 m at the Lot line and no portion of the wall may encroach onto road right-of-way. The Development Officer may increase this Height if adequate sight line data is provided to ensure vehicles can exit safely to the satisfaction of the Development Officer, in consultation with Subdivision and Development Coordination.
h. Loading, storage, compactors and waste collection areas shall be located within the building and concealed from view from adjacent properties and public roadways. The waste collection area, and access to it, shall be designed to the satisfaction of the Development Officer in consultation with Waste Management Services and Subdivision and Development Coordination.
i. One (1) Off-street Loading space shall be provided for each Tower.
j. Bicycle parking shall be provided in accordance with Section 54 of the Zoning Bylaw, and the following:
 
i.

Bicycle Parking Facilities shall be provided at a rate of 0.5 spaces per Dwelling, in a safe and secure location in the below Grade Parking Garage or in another secure location within the podium that is easily accessible to cyclists via access ramps, or a route through the building(s) which facilitates easy and efficient transportation of bicycles. Bicycle parking for Commercial Uses shall be provided at Grade in a highly visible location. Notwithstanding Section 54, bicycle parking may be located more than 15.0 m from a building’s principal entrance.
ii. Notwithstanding Section 54.3(2)(a), vertical or stacked racks may be used to satisfy bicycle parking requirements if it can be demonstrated that they can be safely and efficiently used to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination.

 

4.3 Landscaping

a. Landscaping for the Site shall be in general accordance with Appendix II.
b. A detailed Landscape Plan, prepared by a registered AALA landscape architect, for the Site, shall be submitted for review and approval by the Development Officer, prior to the issuance of any Development Permit, except for a permit for excavation or shoring.
c. The minimum 1.0 m setback from the east Lot line shall be Hardsurfaced with concrete, paving stones, or other such material and be distinguishable from the lane, in general accordance with Appendix II.
d. Enhanced outdoor space located in the increased west and south setbacks shall contain enhanced landscaping including concrete sidewalks, benches, planters and lighting that are integrated with the adjacent public realm to the satisfaction of the Development Officer.
e. Landscaping shall consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during cold weather months.
f. Landscaping that extends onto or over City-owned lands shall be developed in accordance with Traffic Bylaw 5590 and the City Design and Construction Standards.
g. An arborist report and tree preservation plan, to the satisfaction of the Development Officer in consultation with Urban Forestry, shall be submitted with the Development Permit application to determine the impact of the proposed development, including excavation and construction, on the existing boulevard trees along 100 Avenue NW and 104 Street NW. If required by the Development Officer, an air spading tool shall be used to determine the amount and size of roots that may need to be cut for the parkade/foundation wall. If:
 
i. the arborist report indicates that the development will unduly compromise the ongoing viability and health of a tree or trees, each tree shall be removed and replaced by a new tree within an enhanced growing medium at the cost of the owner; or
ii. the arborist report indicates that the development will not unduly compromise the ongoing viability and health of a tree or trees, each tree shall be retained and protected as per the City’s Corporate Tree Management Policy C456A to the satisfaction of the Development Officer in consultation with Urban Forestry.

 

4.4 Signage

a. Signs shall comply with the General Provisions of Section 59 of the Zoning Bylaw and the regulations found in Schedule 59F of the Zoning Bylaw.
b. Temporary On-premises Signs shall be limited to project advertising associated with a Residential Sales Centre and shall not include trailer mounted or signs with changeable canopy.
c. A Comprehensive Sign Design Plan in accordance with Section 59.3 of the Zoning Bylaw shall be prepared for the development and submitted with the Development Permit application for the principal buildings.

 

4.5 Development Regulations for Specific Uses

a. Breweries, Wineries and Distilleries shall be developed accessory to a Restaurant or a Bar and Neighbourhood Pub.
b. Convenience Retail Stores, and Minor or Major Alcohol Sales shall be limited to the first floor of development.
c. Personal Service Shops shall not include Body Rub Centres.
d. Residential Sales Centres shall be limited to the marketing of the on-Site Dwellings.
e. Each Bar and Neighbourhood Pub, Restaurant and Specialty Food Services Use shall be limited to 240 m2 of Public Space.

 

4.6 Design Regulations

a. Exterior building materials shall be sustainable, durable, high quality and appropriate for the development within the context of the immediately surrounding neighbourhood. The use of vinyl siding is prohibited.
b. The podium, Tower and Tower Top, shall be differentiated through materiality and/or through architectural treatment of the Facades, as generally shown in Appendices III to VIII to the satisfaction of the Development Officer.
c. The Height of the podium shall be a minimum of 8.0 m and a maximum of 12.0 m.
d. The west Façade shall angle east from the north Lot line, creating a minimum depth of 9.0 metres that incorporates the enhanced outdoor space in general accordance with Appendix I.
e. The Façade of the podium shall be architecturally treated to create a unified building exterior that contributes to a visually interesting streetscape and be strongly articulated at regular increments to add variety, rhythm and a human scaled dimension along the block face in general accordance with Appendices VII and VIII.
f. The Façade of the podium shall be designed to break the appearance into sections to contribute to the pedestrian-oriented shopping street, in general accordance with Appendices VII and VIII, and to the satisfaction of the Development Officer.
g. The ground storey architectural treatment of the podium shall ensure that there are windows on the south and west façade of the building, and that the placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented shopping street.
h. A minimum of 70% of the linear building Frontage on the ground floor Facades fronting on 104 Street NW and 100 Avenue NW shall have transparent glazing.
i. The Façade of the podium shall contain framed projections, providing overhead weather protection and variable massing, punctuated with curtain wall glazing and recessed spaces, in general accordance with Appendices VII and VIII.
j. Weather protection in the form of a canopy or any other projecting architectural element shall be provided above the residential tower entrances to create a comfortable environment for pedestrians and may project to the Lot line with a maximum width of 4.0 metres.
k. The Building shall be designed and oriented to face and front 104 Street NW and 100 Avenue NW with entrances that are prominent, clearly visible and distinct.
l. Residential, Residential-Related and Commercial Uses shall have individual accesses at Grade.
m. To provide a visual continuation of the street wall into the lane the architectural treatment on the 100 Avenue NW podium façade shall wrap around into the lane, for a minimum of 8.0 m to the north, or to the point where the wall turns west into the service/access/egress loading area, whichever is greater.
n. The north Façade of the podium shall have consistent and harmonious materials with the west Façade of the podium, and have architectural design details or features that lend to visual interest, to the satisfaction of the Development Officer. Exterior finishing materials may include, but are not limited to: painted Façade, masonry, stone, brick, or metal cladding/panelling.
o. The Towers shall provide articulation and visual interest through the variation of placement, location, and physical breaks of Platform Structures to create glazed vertical architectural features that run the length of the Tower in general conformance with the appendices of this provision and to the satisfaction of the Development Officer.
p. The Tower top shall contribute to the ‘signature’ of the building and the City’s skyline through architectural treatment of the upper floors and roof to the satisfaction of the Development Officer. The Tower top shall provide articulation, visual interest and reduced massing effects by combination of sculpting of the building, variation of materials, colour, architectural features, or other means to the satisfaction of the Development Officer.
q. Decorative and security lighting shall be designed and finished in a manner consistent with the design and finishing of the development and shall be provided to ensure a well-lit and safe environment for pedestrians in accordance with Section 58 of the Zoning Bylaw, to accentuate artwork and building elements, and to highlight the development at night time and in winter months. Exterior lighting associated with the development shall be designed such that it has no negative impact on an adjacent property in accordance with Section 51 of the Zoning Bylaw. A detailed exterior lighting plan shall be provided with the Development Permit application to the satisfaction of the Development Officer.
r. Wherever podium roofs are visible from existing adjacent developments, the development shall provide enhancements to improve rooftop aesthetics to the satisfaction of the Development Officer. Enhancements may include patios, gardens, green roofs, decorative pavers or other material combinations to create visual interest, or additional Amenity Area.
s. All mechanical equipment, including ground level Parking Garage vents, podium roof, and roof top shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building. Ground level vents shall be oriented away from adjacent Sites, on-Site amenities, pedestrian circulation areas, and the 104 Street and 100 Avenue sidewalks.

 

4.7 Other Regulations

a. Sun Shadow and Wind Impact Studies shall be prepared and submitted with a Development Permit application for any building or portion of a building with a height greater than 15.0 m. The development shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-Site, consistent with recommendations of the Sun Shadow Impact Study and Wind Impact Study.
b. Prior to the issuance of any Development Permit, except for the purpose of excavation, a Crime Prevention Through Environmental Design (CPTED) Assessment shall be provided to the satisfaction of the Development Officer to ensure that the development provides a safe urban environment in accordance with the guidelines and principles established in the Design Guidelines for a Safer City (City of Edmonton 1995).
c. Prior to the issuance of a Development Permit for the construction of a principal building within this Provision, the Development Officer shall ensure that a signed agreement has been executed between the City and the Owner, requiring the Owner to provide the City the option to purchase 5% of the proposed number of residential Dwellings at 85% of the market price or pay the equivalent cash in lieu to the City.
d. Prior to the issuance of a Development Permit for the second Tower, a review of the operation of the intersection of the north-south lane located adjacent to the site is to be completed by a professional engineer. A report outlining the review, observations, analysis, findings, and recommendations is to be submitted to, and be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination. At the discretion of the Development Officer, any required mitigation measures to address operational concerns at the intersection are to be completed by the owner/developer as part of the conditions of the Development Permit for the second Tower.
e. Notwithstanding the other Development Regulations of this Provision, the Appendices of this Provision and Section 720.3(2) of the Zoning Bylaw, in the event that the owner/developer does not obtain a Building Permit and commence construction of the principal building under a valid Development Permit within 10 years of the passage of the Bylaw adopting this Provision, development of the Site shall be in accordance with this Provision, except that:
f. the maximum Height shall be 70.0 m; and
g. the maximum Floor Area Ratio shall be 7.0.

 

4.8 Improvements and Amenity Improvements

a. As a condition of any Development Permit, the owner shall enter into an Agreement with the City of Edmonton for off-Site improvements necessary to serve the development, such improvements to be constructed at the owner’s cost. The Agreement process includes an engineering drawing review and approval process. Improvements to address in the Agreement include, but are not limited to:
 
i. Repair of any damage resulting from construction of the development to the Abutting roadways, sidewalks, street furniture, street trees, and/or boulevard, including Lanes not directly adjacent to the Site but which may be used for construction purposes, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination. The Site must be inspected by the City prior to the start of the construction and once again when construction is complete;
ii. Replacement of any street furniture including lamps, benches, bollards or planters, that are removed/damaged for construction and shall match the 104 Street Streetscaping standards for style and frequency;
iii. Upgrade the north-south lane adjacent to the Site to a commercial standard within the available right-of-way to the satisfaction of Development Officer in consultation with Subdivision and Development Coordination;
iv. Upgrade and widening of the existing sidewalk located on the north side of 100 Avenue NW from the north edge of the existing boulevard to the south Lot line of the Site, for the length of the Site;
v. Construction of an on-street fire hydrant on 100 Avenue to the satisfaction of  the Development Officer in consultation with EPCOR Water Services Inc.; and
vi. Required improvements to drainage infrastructure as indicated in the drainage Off-Site Municipal Utility Assessment (100 Avenue & 104 Street) dated August 2018, or alternatives to the satisfaction of the Development Officer in consultation with City Planning (Drainage).
b. A minimum of 29 Dwellings shall be developed as Family Oriented Dwellings. A minimum of 10 Family Oriented Dwellings shall be developed with the first Development Permit for a Tower. Notwithstanding the definition of Family Oriented Dwelling, each unit shall:
 
i. have a minimum of three bedrooms;
ii. have individual and direct access to Private Outdoor Amenity Area with a minimum area of 10.00 m2 which can include balconies or patios;
iii. the average Private Outdoor Amenity Area for all Family Oriented Dwellings shall be 16.0 m2;
iv. be located below the tenth Storey of the Tower, and
v. have dedicated and enhanced bulk storage located within the Dwelling, or on the same Storey as the Dwelling.

Bylaw attachments