DC2 1058

Bonnie Doon - 83 Street NW to the east, 82 (Whyte) Avenue NW to the south, 85 Street NW to the west, and 88 Avenue NW to the north

Bylaw 18804 (April 15, 2019)

To allow for redevelopment of the existing Bonnie Doon Shopping Centre into a comprehensive, mixed-use, transit-oriented town centre that encompasses:

1. a comprehensive, master-planned, and phased development;
2. land uses that support residents, transit, regional employment, and a shopping destination;
3. mixed use development with animated and active frontages;
4. a pedestrian oriented environment with supporting open space; and
5. a well designed, sustainable, integrated, high-density neighbourhood.

This Provision shall apply to Lots A, B, C, Block 3, Plan 2224KS; Lot 5, Block 9, Plan 3849NY; and Lot H, Block 3, Plan 3849NY, generally bounded by 83 Street NW to the east, 82 (Whyte) Avenue NW to the south, 85 Street NW to the west, and 88 Avenue NW to the north as shown on Schedule “A” of the Charter Bylaw adopting this Provision, Bonnie Doon. The area is further divided into 5 Sub-Areas as shown in Appendix 5.

1. Staging shall occur in a logical order beginning as close to the Bonnie Doon LRT stop as reasonably feasible. The first phase of new building development within this Provision shall occur in one of the two areas specified in Appendix 6. The Development Officer shall have regard for existing incumbrances, such as lease agreements, which may infringe upon ideal development phasing or associated open space development.  Details of such incumbrances shall be submitted to the Development Officer upon request to demonstrate their impact on phasing. 
 
a. where the first phase of development is adjacent to 83 Street NW, the Publicly Accessible Private Park - 83rd Street Park, as described in Section 14.6(c) of this Provision, as well as the temporary Publicly Accessible Private Park - Transit Plaza, as described in Section 14.6(a) of this Provision shall be developed with this first phase of development;
b. where the first phase of development is adjacent to 85 Street NW, the owner(s) shall enter into an agreement with the City of Edmonton for off-site improvements to  85th Street NW  as described in Section 16.5 of this Provision; and
c. the full sized Publicly Accessible Private Park - Transit Plaza, as described in Section 14.6(a) of this Provision, shall be developed with the first Development Permit for new building construction in Sub-Area A.
2. Redevelopment, including demolition, of the existing shopping centre shall be staged in a logical and efficient manner so as not to disrupt the daily operation of the existing or remaining parts of the centre nor existing tenant leases while the land within this Provision transitions into the development described in this Provision.  A construction staging plan or letter of commitment in this regard shall be submitted to the satisfaction of the Development Officer.
3. The owner shall ensure that interim pedestrian connections are provided during phased construction for access to and through the lands within this Provision, including access from adjacent neighbourhoods through the site to the Bonnie Doon LRT Stop, as well as Internal Roadways and Walkways, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).  A construction staging plan or letter of commitment in this regard shall be submitted  to the satisfaction of the Development Officer.
4. Each phase of development shall include the portion of public realm that serves the development, such as abutting Internal Roadways, Walkways, and Landscaping. When identified within a Development Permit application, Publicly Accessible Private Parks shall be fully constructed.
5. 33%, 66% and 100% of Publicly Accessible Private Parks area, identified in Section 14 of this Provision, shall be required to be constructed at 33%,  66% and 100% buildout of the total potential Gross Floor Area of this Provision, respectively.  The park development shall be triggered at the time of the first Development Permit application that reaches or exceeds the Gross Floor Area thresholds.
1. Animal Hospitals and Shelters
2. Apartment Hotels
3. Apartment Housing
4. Bars and Neighbourhood Pubs
5. Breweries, Wineries and Distilleries
6. Business Support Services
7. Cannabis Retail Sales
8. Carnivals
9. Casinos and Other Gaming Establishments
10. Child Care Services
11. Commercial Schools
12. Community Recreation Services
13. Convenience Retail Stores
14. Creation and Production Establishments
15. Equipment Rentals
16. Exhibition and Convention Facilities
17. Extended Medical Treatment Services
18. Market
19. General Retail Stores
20. Government Services
21. Greenhouses, Plant Nurseries and Garden Centres
22. Group Home
23. Health Services
24. Hotels
25. Household Repair Services
26. Indoor Participant Recreation Services
27. Limited Group Home
28. Live Work Unit
29. Lodging Houses
30. Major Alcohol Sales
31. Major Amusement Establishments
32. Major Home Based Business
33. Media Studios
34. Minor Alcohol Sales
35. Minor Amusement Establishments
36. Minor Home Based Business
37. Minor Impact Utility Services
38. Mobile Catering Food Services
39. Nightclubs
40. Non-accessory Parking
41. Personal Service Shops
42. Private Clubs
43. Private Education Services
44. Professional, Financial and Office Support Services
45. Public Education Services
46. Public Libraries and Cultural Exhibits
47. Publicly Accessible Private Park
48. Religious Assembly
49. Residential Sales Centre
50. Restaurants
51. Small Animal Breeding and Boarding Establishments
52. Specialty Food Services
53. Spectator Entertainment Establishments
54. Stacked Row Housing
55. Urban Gardens
56. Urban Indoor Farms
57. Urban Outdoor Farms
58. Veterinary Services
59. Warehouse Sales
60. Fascia On-Premises Signs
61. Freestanding On-premises Signs
62. Minor Digital On-premises Signs
63. Projecting On-premises Signs
64. Temporary On-premises Signs
1. Apartment Hotels
2. Apartment Housing
3. Bars and Neighbourhood Pubs
4. Business Support Services
5. Child Care Services
6. Carnivals
7. Community Recreation Services
8. Convenience Retail Stores
9. Creation and Production Establishments
10. Equipment Rentals
11. Extended Medical Treatment Services
12. Market
13. General Retail Stores
14. Group Home
15. Household Repair Services
16. Indoor Participant Recreation Services
17. Limited Group Home
18. Live Work Unit
19. Lodging Houses
20. Major Home Based Business
21. Minor Home Based Business
22. Minor Impact Utility Services
23. Non-accessory Parking
24. Personal Service Shops
25. Private Clubs
26. Publicly Accessible Private Park
27. Religious Assembly
28. Residential Sales Centre
29. Restaurants
30. Small Animal Breeding and Boarding Establishments
31. Specialty Food Services
32. Stacked Row Housing
33. Urban Gardens
34. Urban Indoor Farms
35. Urban Outdoor Farms
36. Veterinary Services
37. Fascia On-Premises Signs
38. Freestanding On-premises Signs
39. Minor Digital On-premises Signs
40. Projecting On-premises Signs
41. Temporary On-premises Signs
1. Apartment Hotels
2. Apartment Housing
3. Child Care Services
4. Convenience Retail Stores
5. Group Home
6. Limited Group Home
7. Live Work Unit
8. Lodging Houses
9. Minor Home Based Business
10. Personal Service Shops
11. Publicly Accessible Private Park
12. Residential Sales Centre
13. Stacked Row Housing
14. Urban Gardens
15. Urban Indoor Farms
16. Urban Outdoor Farms
17. Fascia On-Premises Signs
18. Projecting On-premises Signs
19. Temporary On-premises Signs
1. For the purpose of this Site Specific Development Control Provision, the following terms shall be defined as follows :
 
a. “Internal Roadway(s)” means all privately owned and maintained roadways contained within the lands within this Provision which shall be openly accessible to the Public at all times through the  registration of a 24-hour Public Access Easement in favour of the City of Edmonton.
b. “Active Frontage(s)” mean ground floor Uses that have individual front entrances to the public roadways, Internal Roadways, or Publicly Accessible Private Parks and provide a high degree of transparency into and out of the premises.
c. “Animated Frontage(s)” mean ground floor Façades that feature architecturally interesting materials, features, landscaping and/or artwork to create a high degree of visual interest, in keeping with the character of the development.
d. “Development Setback(s)” means the distance that a development or a specified portion of it, must be from the nearest edge of:
 
i. an abutting Walkway  along a public roadway or Internal Roadway; or
ii. an abutting Publicly Accessible Private Park.
1. The Development Officer shall have regard for a comprehensive phased development program that may have varying Floor Area Ratio (FAR) calculations across each phase of development and Sub-Area provided that at full build out, the maximum FAR for the lands within this Provision is not exceeded.
2. The Development Officer may vary the following regulations, up to a maximum of 20%:
 
a) minimum and maximum Development Setbacks to accommodate additional pedestrian oriented activities;
b) Minimum Stepbacks to mitigate sun-shadow or wind-snow impacts,  enhanced architectural interest, or accommodate structural engineering requirements;
c) Tower Separation distance; and
d) Regulations contained in Sign Schedule 59E in consultation with Subdivision and Development Coordination (Transportation).
3. The location of Active Frontages and Animated Frontages may vary, if required for the purpose of loading, servicing, or utilities, provided these items are sufficiently screened and the overall purpose of the Façade remains Active or Animated as per the definitions in this Provision, to the satisfaction of the Development Officer.
4. Variances to the number of vehicular parking spaces may be granted if the owner can demonstrate, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), through the provision of a Parking Impact Assessment that the parking required for a Use is less than the minimum or more than the maximum requirements of the Zoning Bylaw.
1. Carnivals shall be prohibited within a Sub-Area if at the time of a Development Permit application for this Use, a Residential or Residential-Related Use is existing within the same Sub-Area.
2. Small Animal Breeding and Boarding Establishments shall be limited  to daycare, grooming and boarding services.
3. Where Bars and Neighbourhood Pubs and Nightclubs Uses are located within the same building as Residential and Residential-Related Uses, design techniques shall be provided, such as structural soundproofing and downward direction of applicable exterior lighting on the proposed development, to mitigate the effects of noise, light or any other associated potential nuisance, to the satisfaction of the Development Officer.
4. Nightclubs shall not Abut 85 Street NW.
5. Signs shall comply with the General Provisions of Section 59 and regulations found in Schedule 59E of the Zoning Bylaw and also in accordance with the following:
 
a) If required by the Development Officer, Development Permit applications for the construction of new buildings shall submit a Comprehensive Sign Design Plan and Schedule for the subject development to the satisfaction of the Development Officer.
b) Notwithstanding Schedule 59E.2 of the Zoning Bylaw:
 
i. Fascia On-premises Signs shall be permitted to face Internal Roadways;
ii. Fascia On-premises Signs shall not extend higher than 75 cm above the floor of the fifth storey;
iii. The maximum Height of a Freestanding On-premises Sign shall be 11.0 m;
iv. The maximum total number of Freestanding On-premises Signs and Minor Digital On-premises Signs between 6.0 m and 11.0 m in Height shall be limited to eight; and
v. The maximum total number of Freestanding On-premises Signs and Minor Digital On-premises Signs under 6.0 m in Height shall be limited to twelve.
6. For Sub-Area E, Non-Residential and Non-Residential-Related Uses shall not be permitted in any freestanding structure separate from a structure containing Residential Uses.
1. Development shall be in general conformance with the attached Appendices to the satisfaction of the Development Officer.
2. The Internal Roadways shall be developed in general conformance with the cross-sections shown in Appendix 4, with allowances for minor deviations to accommodate specific building features, active pedestrian-oriented frontages, development phasing in relation to the existing mall, or to respond to a specific building context to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
3. The maximum number of Dwellings shall be 4,040.
4. The maximum Floor Area for Non-Residential and Non-Residential-Related Uses shall be 140,000 m2.
5. The maximum Floor Area Ratio shall be 3.5.
6. The minimum Floor Area Ratio for each Sub-Area shall be 1.0, to be evaluated at full build-out of a Sub-Area, and shall be interpreted to mean the numerical value of the total Floor Area of all buildings within a Sub-Area divided by the land area of the Sub-Area, not including area for Publicly Accessible Private Parks, Internal Roadways, and Development Setbacks. Full build-out shall be determined by the Development Officer at their discretion based on reference to the attached Appendices.
7. The Heights and Development Setbacks for each Sub-Area shall be as follows:
Sub-Area Maximum Podium Height Maximum Building Height
(podium + tower)		 Minimum Development Setback for ground floor Non-Residential or Non-Residential Related Uses Minimum Development Setback for ground floor Residential or Residential Related Uses Maximum Development Setback
A 23.0 m 102.0 m, except no portion of the building shall exceed 40.0 m within 10.0 m of 85 Street NW 0.0 m 3.0 m 6.0 m
B 23.0 m 96.0 m 0.0 m 3.0 m 6.0 m
C 23.0 m 126.0 m, except no portion of the building shall exceed 40.0 m within 10.0 m of 85 Street NW 0.0 m 3.0 m 6.0 m
D 23.0 m 40.0 m 3.0 m 3.0 m 6.0 m
E - 28.0 m 3.0 m 3.0 m 6.0 m
8. To add visual interest and variation to the skyline, Towers with a Height above 36.0 m located within 30.0 m of another Tower with a Height above 36.0 m, Towers shall be differentiated in height by a minimum of 10%. 
9. Architecturally sculpted corner entrance ways with the inclusion of pedestrian oriented activities or public art shall not be subject to Development Setback maximums.
10. Overhangs, canopies and other similar architectural projections shall be permitted to extend into Development Setbacks and above Walkways.
1. All Internal Roadways and associated Walkways and bicycle infrastructure shall remain privately owned and maintained but be openly accessible to the Public at all times through the registration of a 24-hour Public Access Easement in favour of the City of Edmonton.
2. Vehicle access to the lands within this Provision shall be limited to the intersections of Internal Roadways and pubic roadways, except for Sub-Area E which may be accessed directly from 85 Street NW.
3. Vehicle access or egress from Parking Areas shall be off Internal Roadways, except that:
 
a) for Sub-Area A, one vehicle access or egress point shall be allowed from 85 Street NW at 83 Avenue NW; and
b) for Sub-Area E, access to Parking Areas shall be directly off 85 Street NW.
4. Surface vehicular parking:
 
a) is prohibited between a building and an Internal Roadway at any location where the Façade contains a pedestrian entrance to the building, except for service or loading entrances;
b) shall not be located at the intersection of any Internal Roadways;
c) shall not be abutting, adjacent to, or face a  public roadway or Publicly Accessible Private Park, with the exception of parking existing at the time of the approval of the Charter Bylaw adopting this Provision if the current mall development is still in existence; and
d) shall be screened, landscaped, and hard surfaced as per Landscaping Regulations of the Zoning Bylaw.
5. Where parking is provided above ground level in a Parking Garage structure, parking shall be concealed within a building podium and wrapped with Active Frontages at ground level and wrapped with Uses unrelated to parking above the first Storey where abutting any Internal Roadway, Publicly Accessible Private Park, or public roadway.
6. Where a Parking Garage is provided above ground level, the structure shall be designed to be adapted to a future non-parking Use, by having:
 
a) minimum floor to ceiling clearance of 3.0 m;
b) level floors; and
c) Drive ramps located and designed to allow for removal without interfering with developable space.
7. Parking Garages developed below ground level adjacent to a public roadway or Internal Roadway shall provide a minimum of 1.2 m soil depth to contribute to healthy root development for adjacent Landscaping.
8. Visitor parking and commercial parking may be located on Internal Roadways.
9. Notwithstanding Parking Regulations of the Zoning Bylaw, the required number of Bicycle Parking spaces shall be:  
 
a) 1 per Dwelling; and
b) a minimum of 0.5 Bicycle Parking spaces per 100 square metres of Floor Area for Non-Residential or Non-Residential-Related Uses.
10. No parking, loading, storage, waste collection, outdoor service or display area shall be permitted within required Development Setbacks, with exception for bicycle infrastructure.
11. Loading, storage, and waste collection areas shall:
 
a) be located within buildings and shall be screened from adjacent views in accordance with Landscaping regulations of the Zoning Bylaw; and
b) not be accessed from public roadways.
12. Vehicular and servicing access shall be established to reduce disruption to pedestrian Walkway connections and designed to minimize the visual impact through screening, orientation, and other applicable techniques to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
1. The required Landscape Plan submitted with a Development Permit application for new building construction shall be prepared by a Landscape Architect registered with the Alberta Association of Landscape Architects (AALA).
2. At each stage of the development, a detailed Landscape Plan, including all existing and proposed utilities within the public roadways and Internal Roadways, will demonstrate how each phase of development integrates with the overall master plan.
3. 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.
4. For the purposes of interpreting Landscaping Regulations  of the Zoning Bylaw, the term “Setback” in the Zoning Bylaw shall be deemed to be Development Setback as defined in this Provision.
5. Publicly Accessible Private Parks shall provide a diversity of amenities for all seasons to the satisfaction of the Development Officer. These areas may include features such as, but not limited to, public art, hard and/or soft Landscaping, seating areas and/or Bicycle Parking, pavilions, warming huts, and water features.
6. Throughout the lands within this Provision there shall be pocket parks, landscape development, greenways and tree-lined boulevards, to break apart massing, provide convenient and high-quality pathways across the lands within this Provision, and connect the open space network through the lands within this Provision and to the surrounding communities.
7. Where open space is used as a connection between buildings, developments or Internal Roadways, a minimum width of 6.0 m shall be provided and continuous pedestrian-scale lighting shall be provided to ensure safe and comfortable pedestrian connections.
8. Decorative and security lighting shall be designed and finished to a high quality of development and shall be provided to ensure a well-lit environment for pedestrians, and to accentuate architectural elements and public art.
9. Detailed exterior lighting plans shall be required for Development Permits for new building construction and associated developments at the discretion of the Development Officer when there is reason to be concerned about safety, security or creating a nuisance on a nearby Use.
10. Notwithstanding Amenity Area Regulations of the Zoning Bylaw:
 
a) Balconies or Platform Structures with a minimum depth of 1.5 m may be used to satisfy required Amenity Area dimensions.
b) For each building with a Non-Residential Use with a Gross Floor Area over 9,000.0 m2 a minimum Common Amenity Area of 3% of the Gross Floor Area of Non-Residential Uses shall be provided. Such Amenity Area may include interior landscaped open spaces, arcades, atriums, plazas and gardens and shall be exempt from Floor Area Ratio calculations.
1. Built Form
 
a) All buildings greater than 36.0 m in Height shall be in the form of a podium and Tower.
b) For Sub-Areas B and D, the maximum Façade length shall be 80.0 m.
c) Building massing shall be minimized through one or more of the following means such as building orientation, Stepbacks, roof treatment and the variation of exterior materials and colours.
d) Towers shall have a minimum Stepback of 3.0 m from the podium wall except that:
 
i. on corner sites or prominent building entrances, 1/3 of the building Façade may extend down to ground level without a Stepback;
ii. For Towers abutting 85 Street NW, the Stepback shall be 4.5 m.
e) Buildings located in Sub-Area E shall have a minimum Stepback of 2.0 m on the south and west Façades directly above the 3rd and 6th Storeys.
f) Standalone or integrated gateway features may be provided, entirely on private property, where any Internal Roadway meets a public roadway. Gateway features may be in the form of, but not limited to, landmarks, artworks, decorative landscaping, architectural features, signs, and lighting.
g) Towers greater than 36.0 m in Height shall have a minimum distance between such Towers of 25.0 m.
h) Tower Floor Plates above 36.0 m in Height containing Residential or Residential-Related Uses shall not exceed 800 m2.
i) Tower Floor Plates above 36.0 m in Height containing Non-Residential or Non-Residential-Related Uses shall not exceed 2,350 m2.
j) Towers shall be designed, oriented and constructed to articulate the skyline and maximize views and sunlight penetration to Publicly Accessible Private Parks, plazas and Amenity Areas.
k) Towers shall contribute to the ’signature’ of the building and the City’s skyline through treatment of the upper floors and roofs.  The Tower shall provide articulation, visual interest and reduced massing effects by a combination of sculpting of the building, variation of materials/color or other means to the satisfaction of the Development Officer.
l) Throughout each Sub-Area, there shall be a variety of podium rooftop green spaces established through best-practices in intensive and extensive green roof construction to enhance sustainability, biodiversity and energy efficiency and to offer opportunities for additional Amenity Area.
2. Street Interface
 
a) Buildings which accommodate Non-Residential and Non-Residential-Related Uses shall strengthen the pedestrian-oriented shopping experience by:
 
i. designing the ground Storey to a minimum Height of 3.5 m;
ii. requiring major shopping complexes and large-format stores fronting onto 82 (Whyte) Avenue NW that are over 5,000 m2 to contain, or appear to contain, smaller scale retail spaces with more fine-grained ground level street frontage;
iii. requiring that large format stores over 2,000 m2 shall be an integral part of a phased comprehensive design and not developed as a standalone building; and
iv. ensuring that Residential and Residential–Related Uses above Non-Residential Uses at ground level shall have access at ground level that is separate and distinct from the Non-Residential Uses.
b) Active Frontages shall:
 
i. be generally located as shown in Appendix 1.
ii. when the ground level Storey is designated for Residential and Residential-Related Uses:
 
A. provide ground floor Dwellings that have individual front entrances to the public roadway, Internal Roadway, or Publicly Accessible Private Parks;
B. provide a minimum of 50% of the building Façade as transparent, non-reflective glazing;
C. include features such as porches, staircases, stoops, semi-private outdoor areas, shrubs or tree beds, different paving materials, decorative fencing or screening, and/or changes in grade of up to 1.0 m designed such that the Development Setback area in front each ground floor Dwelling establishes a transition area from the roadway to the Dwelling;
iii. When the ground level Storey is designated for Non-Residential or Non-Residential-Related Uses:
 
A. feature building entrances and windows fronting onto public roadways, Internal Roadways, or Publicly Accessible Private Parks;
B. provide a minimum of 70% of the building Façade as transparent, nonreflective, glazing; and
C. provide weather protection in the form of a canopy or other architectural element above entrances to create a comfortable environment for pedestrians.
c) Animated Frontages shall:
 
i. be generally located as shown in Appendix 1.
ii. be used to obscure views of loading and waste collection areas and non-occupiable space fronting onto Internal Roadways and Publicly Accessible Private Parks.
iii. where abutting 83 Street NW, provide a minimum of 50% of the building Façade as transparent, non-reflective glazing and incorporate such things as building entrances, pedestrian oriented street elements, enhanced Landscaping, and artworks that contribute to a sense of arrival and animate the abutting Walkway and/or shared use path.
3. Building Façade, Materials, and Exterior Finishing
 
a) All building Façades shall be designed with detail and articulation to create a pedestrian friendly streetscape and interface and include such things as entrance features and variation in rooflines, recesses, windows, projections, exterior finishing materials, colours, textures, cladding, and/or varied architectural design.
b) Buildings shall be designed and oriented to face all abutting public roadways and Internal Roadways with entrances that are clearly visible.
c) On corners facing the intersections of public roadways and/or Internal Roadways, the corner shall be distinguished from the rest of the Façade to enhance the block corners using methods such as variation in entrance features, curved Façade, or other architectural articulation.
d) On corners not facing intersections, Façade treatment shall wrap around the side of the building to provide a consistent profile.
e) All mechanical equipment, including roof mechanical units, surface level venting systems and transformers, shall be screened in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building. Ground level vents for underground Parking Garages shall be oriented away from adjacent Sites or on-Site amenity or pedestrian circulation areas.
f) Roof mechanical units shall be screened from the view of buildings above them.
g) Where podium roofs are visible from adjacent buildings, the development shall improve rooftop aesthetics to the satisfaction of the Development Officer.  Improvements to aesthetics may include appropriate roof surface material, colour, texture variations, hard or soft Landscaping, community gardens, Green Roofs and Rooftop Terraces.
1. Publicly Accessible Private Parks shall be located in general conformance with Appendix 3.
2. A minimum of 18,500 m2 of land within this Provision shall be developed as Publicly Accessible Private Parks at ground level at full-buildout.
3. All Publicly Accessible Private Parks shall be openly accessible to the Public at all times through the registration of a 24-hour Public Access Easement in favour of the City of Edmonton which shall be a condition of said Development Permit for such a Use.
4. Publicly Accessible Private Parks shall have regard for Crime Prevention Through Environmental Design principles to provide safe and defensible space, clear sightlines into and through the site, adequate lighting, and provision of multiple access points.
5. Publicly Accessible Private Parks shall have appropriate utility servicing to support current and future park programming. This may include power, water, and gas.
6. The Publicly Accessible Private Parks shall be developed in accordance with the following:
 
a) Transit Plaza (Sub-Area A):
 
i. This Park shall, to the satisfaction of the development officer, be designed to:
 
A. actively interface with adjacent buildings;
B. integrate seamlessly with the Bonnie Doon LRT Stop in design and accessibility;
C. serve as a high quality amenity for people of all ages and during all seasons by incorporating features such as, but not limited to, public art, water features, skating rink, hard and/or soft landscaping, seating areas, and bicycle facilities; and
D. incorporate public seating and impromptu social gathering area(s) and include features, which may include but not be limited to, decorative light standards, waste bins, bollards, landscaped planting beds, planters, tree grates, and/or hard surfacing.
ii. The Transit Plaza shall have a minimum area of 4,500 m2.
iii. A temporary Transit Plaza with a minimum area of 900 m2, generally meeting the same design criteria described above, may be developed at the general location indicated on Appendix 3.  This temporary Transit Plaza shall remain in operation until the full sized Transit Plaza is built, as triggered by the first Development Permit for new building construction in Sub-Area A.
b) Library Park (Sub-Area B):
 
i. This park shall, to the satisfaction of the Development Officer, be designed to:
 
A. Seamlessly connect the Edmonton Public Library to the lands within this Provision;
B. serve as a high quality amenity for people of all ages and during all seasons and incorporate features such as, but not limited to, hard and/or soft landscaping, public art, amphitheatre, pavilions, seating areas, programmable spaces, and bicycle facilities; and
C. incorporate public seating and impromptu social gathering area(s) and include features, which may include but not be limited to, decorative light standards, waste bins, bollards, landscaped planting beds, planters, tree grates, landscaped open space and/or hard surfacing.
ii. The Library Park shall have a minimum area of 1,000 m2.
c) 83rd Street Park (Sub-Area B)
 
i. This Park shall, to the satisfaction of the development officer, be designed to:
 
A. actively interface with adjacent buildings;
B. serve as an east-west pedestrian and bicycle connection through the lands within this Provision;
C. serve as a high quality amenity for people of all ages and during all seasons and incorporate features such as, but not limited to, hard and/or soft landscaping, public art, enclosed off-leash dog area(s), seating areas, and bicycle facilities; and
D. incorporate public seating and impromptu social gathering area(s) and include features, which may include but not be limited to, decorative light standards, waste bins, bollards, landscaped planting beds, planters, tree grates, landscaped open space and/or hard surfacing.
ii. The 83rd Street Park shall have a minimum area of 3,000 m2.
d) Central Park (Sub-Area C)
 
i. This Park shall, to the satisfaction of the development officer, be designed to:
 
A. actively interface with adjacent buildings;
B. serve as an east-west pedestrian and bicycle connection through the lands within this Provision;
C. serve as a high quality amenity for people of all ages and during all seasons and incorporate features such as, but not limited to, hard and/or soft landscaping, public art, pavilions, seating areas, programmable space, and bicycle facilities; and
D. incorporate public seating, impromptu social gathering area(s), and entertainment spaces and include features, which may include but not be limited to, decorative light standards, waste bins, bollards, landscaped planting beds, planters, tree grates, landscaped open space and/or hard surfacing.
ii. The portion of Internal Roadway that divides the Central Park shall include enhanced pedestrian crossings and special pavement treatments to create a seamless connection. No centre median is permitted for this portion of the Internal Roadway.
iii. The combined east and west Central Parks shall have a minimum combined area of 4,000 m2.
e) Garden Park (Sub-Area D)
 
i. This Park shall, to the satisfaction of the development officer, be designed to:
 
A. actively interface with adjacent buildings;
B. serve as an east-west pedestrian and bicycle connection through the lands within this Provision;
C. serve as a high quality amenity for people of all ages and during all seasons and incorporate features such as, but not limited to, hard and/or soft landscaping, public art, community gardens, outdoor exercise facilities, amphitheatre, kids play areas, seating areas, programmable space, and bicycle facilities; and
D. incorporate public seating, impromptu social gathering area(s), and include features, which may include but not be limited to, decorative light standards, waste bins, bollards, landscaped planting beds, planters, tree grates, landscaped open space and/or hard surfacing.
ii. The Garden Park shall have a minimum combined area of 6,000 m2.
1. Notwithstanding the regulations found within this Provision, any development existing or commenced under a Development Permit that was valid at the time of passage of the Charter Bylaw adopting this Provision, shall be deemed a validly existing development and any additions up to 100.0 m2 of Floor Area shall be deemed to be in conformance with this Provision.
2. Prior to the issuance of a Development Permit, the owner shall register a public access easement to allow 24 hour access for all Internal Roadways and Publicly Accessible Private Parks pertaining to that application to the satisfaction of the Development Officer.
3. Prior to the issuance of a Development Permit for the construction of a new building, the owner shall provide a site plan illustrating how the existing shopping centre will be reconfigured, if required, with the new development to the satisfaction of the Development Officer.
4. Prior to the issuance of any Development Permit for new building construction or for a Publicly Accessible Private Parks Use, except for the purpose of a demolition,  excavation or signage, 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).
5. To ensure ongoing analysis of transportation related issues throughout the phased development of the lands within this Provision, an updated Transportation Impact Assessment (TIA) shall be required at the time of the first Development Permit that cumulatively takes the development of the land within this Provision over each of 33% and 66% of the total potential Gross Floor Area allowed by this Provision. The following shall also apply:
 
a) The updated TIA shall include updated transportation demand management strategies, parking requirement review, multi-modal data collection and analysis to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). 
b) based on the review of this Transportation Impact Assessment, if required, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
6. The owner(s) shall enter into a servicing agreement(s) with the City of Edmonton for off-site improvements, with any Development Permit, for off-site improvements necessary to serve the development, including but not limited to, improvements recommended by the latest approved Transportation Impact Assessment, at the owner(s) expense, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
7. With each Development Permit application for new building construction, the applicant shall demonstrate, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), that transportation demand management strategies are identified, including but not limited to:
 
a) On-site car share program, including parking stalls;
b) End of trip facilities such as secure Bicycle Parking and shower facilities; and
c) Subsidized transit passes.
8. 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 23.0 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 the recommendations of the Sun Shadow Impact Study and Wind Impact Study.
9. For the areas and buffers depicted in Appendix 7, prior to the issuance of a Development Permit, excluding a development permit for demolition, excavation or signage, Environmental Site Assessment (ESA) work such as, but not limited to, additional Phase II ESAs, Remedial Action Plan(s), and/or Risk Management Plan(s), may be required at the discretion of the Development Officer in consultation with the Environmental Planner, to be submitted and reviewed to the satisfaction of the Development Officer.  The Development Officer shall impose any Development Permit conditions necessary, prior to the release of the drawings for Building Permit review, to ensure that the Site is suitable for the full range of uses contemplated in the Development Permit application.
10. Where a Use creates negative impacts (such as noise, light or odours) that could affect adjacent properties zoned for residential or other Uses within the same building and Site, adequate mitigation measures to reduce any negative impacts shall be provided to the satisfaction of the Development Officer. This may include: modification to site plans to situate such Uses or activities in an acceptable location, increased Development Setbacks, additional Landscaping and screening, noise attenuation measures, directional lighting, and any other measures as the Development Officer may deem appropriate.
1. Storm Water Management and Sanitary Servicing
 
a) The storm and sanitary drainage systems required to service the development, including on-site stormwater management and stormwater runoff quality improvements, shall be in general conformance with the overall drainage master plan for the lands within this Provision
b) Prior to the issuance of a Development Permit for new building construction, a drainage servicing report that demonstrates how the new building(s) integrate with the overall drainage master plan shall be submitted for review and acceptance to the satisfaction of the Development Officer in consultation with Planning Coordination  (Drainage).
c) Low Impact Development (LID), such as rain gardens, bioretention, bioswales, Green Roofs, and permeable pavement shall be incorporated, where feasible, to improve the environmental sustainability of the development. Planning Coordination (Drainage) may, at their discretion, provide consideration for use of these features towards the fulfillment of a development’s stormwater management requirements.
2. Prior to the issuance of a Development Permit for:
 
a) a building that contains 12 or more Dwellings; or
b)

a building that contains less than 12 Dwellings, but is part of a Site with 12 or more Dwellings in total;                 
 

the Development Officer shall ensure that a signed agreement has been executed between the City of Edmonton (Housing and Homelessness) and the owner, requiring the owner to provide the City of Edmonton, at the time of each Development Permit approval, the option to purchase up to 5% of the proposed number of Dwellings (rounded to the nearest Dwelling) in each building with Dwellings, at 85% of market value or the equivalent value as cash-in-lieu (at the discretion of the owner) to the City of Edmonton.
3. Community amenity contributions based on City Policy C599 requires a minimum total contribution credit of $11,528,457. The following table defines the minimum contributions to be provided:
Amenity Calculated Rate Anticipated Area Minimum Contribution
On Site Public Art $4.00 per m2 of Floor Area 435,050 m2 $1,740,200
Publicly Accessible Private Parks $300 / m2 of land area 18,500 m2 $5,550,000
Improvements to the 85 Street NW Road Right-of-Way, between 82 Avenue NW and 90 Avenue NW, including design, construction and/or public consultation. - - $4,238,257
Community Amenity Contribution $11,528,457
4. Artworks
 
a) Prior to the issuance of each Development Permit for new building construction, the owner shall enter into an agreement with the City of Edmonton whereby the owner shall provide a minimum contribution of $4.00/m2 of Floor Area  (excluding any underground Parking Garages) toward the acquisition and placement of public art. Such agreement shall require that:
 
i. Prior to the issuance of each Development Permit, a public art plan showing the general location(s) of art associated with that phase of the Development shall be prepared and submitted to the City of Edmonton for review and approval by the Development Officer. The art will be acquired through an art procurement process administered by the owner(s) and all costs related to the procurement of the artworks, operation and future maintenance shall be the responsibility of the owner;
ii. Artworks shall be created by a professional artist;
iii. Artworks may be located on or within the public or private property and shall be in locations that are publicly viewable to the satisfaction of the Development Officer;
iv. If located on public property or roadway right of way, the location shall be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) , City Operations and Integrated Infrastructure Services; and
v. The Public Art contribution amount shall be increased every 5 years from the date of passage of the Bylaw adopting this Provision according to the annual rate of national inflation as determined by Statistics Canada.
5. As a condition of the first Development Permit for new building construction adjacent to 85 Street NW, the owner(s) shall enter into an Agreement(s) with the City of Edmonton, for off-Site improvements to the 85th Street NW right-of-way, located between 82 Avenue NW and 90 Avenue NW.  Improvements shall be constructed at the owner’s cost to a maximum value of $4,238,257, provided as either cash contribution to the City of Edmonton for said improvements or to be constructed by the owners.  The improvements may include features such as, but not limited to, roadway reconstruction, new curb and curb extensions, sidewalk, shared use paths, cross-walks, traffic signalization, street lighting, paving, utility relocations, and/or landscaping to the satisfaction of the Development Officer in consultation with Integrated Infrastructure Services and Subdivision and Development Coordination (Transportation).
6. A minimum of 200  Dwellings shall be suitable for families by conforming to the following:
 
a) The Dwelling shall have at least 2 bedrooms and the average number of bedrooms shall be 2.25 or greater for all such Dwellings;
b) The Dwellings shall be located no higher than the sixth Storey of any building; and
c) The Dwellings shall be within a 200 m walking distance of an Outdoor Amenity Area of at least 50.0 m2 in size designed for children to the satisfaction of the Development Officer, using features such as, but not limited to, play structures, splash parks and/or sand boxes.

Bylaw attachments