DC2 1042

Holyrood -  northwest corner of 83 Street NW and 95 Avenue NW

Charter Bylaw 18643 (December 10, 2018)

To accommodate a low rise, residential development located approximately 400 metres from the Strathearn and Holyrood LRT Stops, that is compatible with the adjacent land uses and supports a pedestrian friendly streetscape.

This provision shall apply to the land legally described as Lot 1, Block 14, Plan 5070HW, located on the northwest corner of 83 Street NW and 95 Avenue NW, as shown in Schedule “A” of the Bylaw adopting this Provision, Holyrood.

a. Apartment Housing
b. Group Home
c. Limited Group Home
d. Live Work Units
e. Lodging Houses
f. Major Home Based Business
g. Minor Home Based Business
h. Residential Sales Centre
i. Urban Gardens
j. Temporary On-premises Signs
k. Fascia On-Premises Signs
l. Projecting On-Premises Signs
a. The development shall be in general conformance with the attached appendices, to the satisfaction of the Development Officer.
b. Residential Sales Centre Uses shall be limited to the marketing of on-Site condominiums or rental Dwellings.
c. 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.
d. The maximum building Height shall be 16.0 m.
e. The maximum Floor Area Ratio shall be 1.3.
f. The maximum number of Dwellings shall be 12.
g. The minimum building Setbacks shall be:
i. North: 7.5 m
ii. South: 6.0 m
iii. East: 4.5 m
iv. West: 3.0 m
h. For the west Facade, at a maximum Height of 8.6 m, the Façade shall be stepped or sloped back at a minimum angle of 45 degrees from the vertical plane for a minimum horizontal distance of 2.5 m to optimize access to sunlight, increase privacy and to provide for an appropriate transition to the west property, as conceptually shown in Appendix 2.
i. Notwithstanding Section 44 of the Zoning Bylaw:
i. architectural features such as balconies, patios, and roof projections may project into required Setbacks to a maximum of 2.5 m provided a minimum Setback of 3.0 m is maintained between the Lot line and these projections; and
ii. features that span either the first Storey or the first and second Storeys, such as bay windows, porches and entrance features, shall be allowed to project into the east Setback abutting 83 Street NW to a maximum of 3.0 m, provided that a minimum Setback of 3.0 m is maintained between the Lot line and the projection. 
a. A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided, except that for ground floor Dwellings a minimum of 15.0 m2 of Amenity Area shall be provided.
b. Notwithstanding Section 46 of the Zoning Bylaw, Amenity Areas shall be allowed within the required Setbacks provided there is a minimum of 3.0 m maintained between the Lot Line and the Amenity Area.
a. Vehicular access and egress shall be from the abutting Lane.
b. Driveways and Parking Areas shall be provided in general conformance with Appendix 1 – Site Plan.
c. Drive aisles shall be a minimum of 6.0 m wide.
d. Up to 30% of the required parking spaces may be 4.6 m long. Such spaces shall be clearly signed as small car spaces, easily located and convenient to use. The short stalls shall not be located directly off the Lane. All parking stalls adjacent to the Lane must be a minimum of 5.5 m in length and no portions of the vehicles shall encroach onto the City road right-of-way.
e. A minimum of 1 bicycle parking space per 1-bedroom Dwelling and a minimum of 2 bicycle parking spaces per 2-bedroom Dwelling shall be provided within a secure enclosed area of the building or Site.
f. No Off-street Loading spaces shall be required.
a. Waste collection shall be allowed in the required side Setbacks. Gates and/or doors of the waste enclosures must not open or encroach into road right-of-way. Notwithstanding Section 55.5.6, the waste collection area shall be screened with a 1.83 m fence.
a. In addition to the Landscaping requirements of the Zoning Bylaw, the following shall also apply and be shown on the required Landscape Plan:
i. the use of landscaping features (e.g. hedges, decorative Fences, low walls, shrubs or other plant material) between surface Parking Areas and ground Storey Apartment Dwellings that look on to these areas;
ii. entry transitions including features such as steps, decorative Fences, gates, hedges, low walls, and planting beds for Dwellings that front or flank onto 83 Street NW and 95 Avenue NW;
iii. clear delineation of all Amenity Areas at Grade through the use of landscaping features (e.g. hedges, decorative Fences, gates, low walls);
iv. enhanced tree and shrub planting within the west Setback to provide privacy screening between the west Façade of the development and the abutting Site;
v. a minimum 1.83 m high wood screen fence provided for the length of the west Lot line except within the south 6.0 m Setback; and
vi. identification of on-Site pavement materials, exterior lighting, sizes and species of new and existing tree plantings, details of any proposed outdoor Amenity Areas and other Landscaping elements as applicable.
b. Landscaping shall consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during the cold weather months.
c. All existing boulevard trees shall be retained and protected during construction where feasible and if not feasible, shall be replaced with new trees with an enhanced growing medium.
a. Signs shall comply with the General Provisions of Section 59 and the regulations found in Schedule 59B of the Zoning Bylaw.
b. The Development Officer shall have regard for visual harmony and the compatibility of the proposed sign with the architectural character and finish of the development and with the design, location, and appearance of other signs on the development.
a. All ground Storey Apartment Dwellings adjacent to 95 Avenue NW shall have private exterior entrances. Sliding patio doors shall not serve as this entrance.
b. All ground Storey residential Dwellings shall have a semi-private outdoor Amenity Area in front of each Dwelling’s exterior entry that shall be provided in a manner that establishes a transition area between the Amenity Area and the adjacent public roadway (excluding a Lane), abutting Site or Setback area using landscape features such as decorative fencing, change in Grade, shrub beds or rock gardens and/or built elements such as private entrance features and verandas or porches.
c. Elements of the building and of individual dwellings such as windows, doors, balconies and Amenity Areas, particularly those on the west side, shall be sited, oriented and designed to minimize their impact on adjacent dwellings, considering such things as daylight, sunlight, ventilation, noise, visual privacy and overlook, shadowing, and views.  The Development Officer may require information regarding the location of windows and Amenity Areas on adjacent properties to ensure the windows or Amenity Areas of the proposed development are placed to minimize overlook into adjacent properties.
a. Architectural treatment of all Facades of the building shall create a unified building exterior. The building shall incorporate design elements to reduce the perceived mass and add architectural interest, including but not limited to:
i. clear articulation of the façade, using a defined pattern of projections and recessions;
ii. the use of a variety of exterior building cladding materials and colours; and
iii. a prominent front entrance for Apartment Housing.
b. The building shall be finished with high quality, durable materials and the contextual fit, design, proportion, quality, texture, and application of various finishing materials.
c. 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 the satisfaction of the Development Officer.
d. Night-time light pollution shall be reduced by avoiding over-illumination of the development and by using exterior lighting fixtures that are full cut-off in design which direct light downward, to ensure illumination does not extend beyond the boundaries of the development Site in accordance with Section 51 of the Zoning Bylaw.
e. All mechanical equipment, including roof mechanical units, shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building.
a. The owner shall enter into an Agreement with the City of Edmonton, as a condition of Development Permit, for off-Site improvements. These off-Site improvements shall include but are not limited to repair of any damage to the abutting roadways, and/or sidewalks resulting from construction of the development, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). The Site shall be inspected by Subdivision and Development Coordination (Transportation) prior to the start of construction and once again when construction is complete.
b. Prior to the issuance of any Development Permit, 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, at the time of development permit approval, the option to purchase 5% of the proposed number of residential units at 85% of market value or provide the equivalent value as cash in lieu to the City.
c. Prior to the issuance of a Development Permit:
i. the owner shall enter into an agreement with the City of Edmonton whereby the owner shall provide a minimum contribution of $9,370 toward the acquisition of public art. The following shall apply to this contribution with further details contained in the said agreement:
1. The owner shall provide details of the Public Art program including location, specifications, lighting and costs, to the satisfaction of the Development Officer;
2. Artwork(s) shall be located on or within private property and shall be in locations that are publicly visible to the satisfaction of the Development Officer;
3. Artworks(s) shall be acquired through an art procurement process administered by the owner and all costs related to the procurement of the artworks, operation and future maintenance shall be the responsibility of the owner; and
4. Upon completion of the development, the owner shall demonstrate, to the satisfaction of the Development Officer, that the art has been installed or is placed in accordance with the approved Public Art program;
ii. the owner shall provide one (1) three bedroom Family Oriented Dwelling in accordance with the definition in the Zoning Bylaw; or
iii. the owner shall plant one (1) new boulevard tree along 95 Avenue NW within an enhanced growing medium.

Bylaw attachments