DC2 1064

Oliver - southeast intersection of Jasper Avenue and 115 Street NW

Charter Bylaw 18874 (June 6, 2019)

To accommodate two high rise residential buildings with active podiums fronting onto Jasper Avenue, 115 Street NW and the adjacent east-west Lane and which contributes to an inviting main street and neighbourhood pedestrian environment.

This Provision shall apply to Lots 48-55, Block 14, Plan B3 located at the southeast intersection of Jasper Avenue and 115 Street NW as shown in Schedule “A” of the Bylaw.
The Uses and Regulations as outlined in this provision shall apply to both Area “A” and Area “B”, as outlined in Appendix I, unless otherwise specified.

Area ‘A’

a. Apartment Housing
b. Apartment Hotels
c. Child Care Services
d. Creation and Production Establishments
e. General Retail Stores
f. General Industrial Uses
g. Group Home
h. Health Services
i. Limited Group Home
j. Live Work Unit
k. Lodging Houses
l. Major Home Based Businesses
m. Minor Home Based Businesses
n. Non-Accessory Parking
o. Private Education Services
p. Professional, Financial, and Office Support Services
q. Residential Sales Centre
r. Urban Gardens
s. Urban Indoor Farms
t. Fascia On-premises Signs
u. Projecting On-premises Signs
v. Temporary On-Premise Signs

 

Area ‘B’

a. Apartment Housing
b. Apartment Hotels
c. Bars and Neighbourhood Pubs
d. Breweries, Wineries, and Distilleries
e. Business Support Services
f. Child Care Services
g. Convenience Retail Stores
h. Creation and Production Establishments
i. General Retail Stores
j. General Industrial Uses
k. Government Services
l. Group Home
m. Health Services
n. Indoor Participant Recreation Service
o. Limited Group Home
p. Live Work Units
q. Lodging Houses
r. Major Alcohol Sales
s. Major Home Based Businesses
t. Media Studios
u. Minor Alcohol Sales
v. Minor Home Based Businesses
w. Non-Accessory Parking
x. Personal Service Shops
y. Private Clubs
z. Private Education Services
aa. Professional, Financial, and Office Support Services
bb. Residential Sales Centre
cc. Restaurants
dd. Specialty Food Services
ee. Secondhand Stores
ff. Urban Gardens
gg. Urban Indoor Farms
hh. Veterinary Services
ii. Fascia On-premises Signs
jj. Minor Digital On-premises Signs
kk. Projecting On-premises Signs
ll. Temporary On-Premise Signs
a. Breweries, Wineries and Distilleries shall only be developed in conjunction with a Restaurants or a Bar and Neighbourhood Pubs Use.
b. The maximum Public Space for each Bars and Neighbourhood Pubs or Restaurants Use shall not exceed 120 m2.
c. Convenience Retail Stores, Minor Alcohol Sales and Major Alcohol Sales shall be limited to the ground level Storey of the building.
d. Personal Service Shops shall not include Body Rub Centres.
e. Non-accessory Parking shall only be located in an underground Parking Garage and only be permitted if the owner can demonstrate through a Parking Impact Assessment or Parking Justification to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), that the current parking utilization on Site is less than provided. Any surplus may then be approved for Use as Non-Accessory Parking.
f. Urban Indoor Farms shall only be located in a converted underground Parking Garage and only be permitted if the owner can demonstrate, through a Parking Impact Assessment or Parking Justification to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), that the current parking utilization on Site is less than provided. Any surplus may then be approved for Use as Urban Indoor Farms.
g. General Industrial Uses shall be limited to a self-storage business and only be located in a converted underground Parking Garage and only be permitted if the owner can demonstrate through a Parking Impact Assessment or Parking Justification to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), that the current parking utilization on Site is less than provided. Any surplus may then be approved for Use as General Industrial Uses (self-storage).
h. Signs in Area A shall comply with the General Provisions of Section 59 of the Zoning Bylaw and the regulations found in Schedule 59B of the Zoning Bylaw.
i. Signs in Area B shall comply with the General Provisions of Section 59 of the Zoning Bylaw and the regulations found in Schedule 59F of the Zoning Bylaw.
j. Temporary On-premises Signs shall be limited to project advertising associated with a Residential Sales Centre and shall not include trailer mounted signs or signs with digital or changeable copy.
k. Minor Digital On-premises Signs shall only be permitted if affixed to a building.
a. The Site shall be in general conformance with the attached Appendices to the satisfaction of the Development Officer.
b. The maximum building Height shall be as follows:
 
i. Area A: 140.0 m
ii. Area B: 170.0 m
c. The maximum number of Dwellings shall be 825.
d. The maximum Floor Area Ratio shall be as follows:
 
i. Area A: 12.0
ii. Area B: 14.0
e. The minimum Setbacks shall be as follows:
 
i. from the boundary of Area A:
 
A. North: 2.0 m
B. South: 1.0 m
C. East: 3.0 m
D. West: 8.0 m
ii. from the boundary of Area B:
 
A. North: 2.0 m, notwithstanding this, the Podium may project to the north Lot line above 4.0 metres in Height.
B. South: 3.0 m
C. East: 0.0 m
D. West: 4.0 m, notwithstanding this, the Podium may project 1.0 m from the west lot line above 4.0 metres in Height.
f. Podium Setback shall include the following:
 
i. from the boundary of Area A
 
A. East:
 
1. at a maximum height of 9.0 m, a minimum Setback of 8.0 m, shall be required for a minimum distance of 16.0 m from the south Lot line; and
2. at a maximum height of 24.0 m, a minimum Setback of 8.0 m, shall be required for a minimum distance of 10.0 m from the north Lot line.
B. West: at a maximum height of 12.0 m, a minimum Setback of 9.0 m shall be required for minimum distance of 35.0 m from the south Lot line.
ii. from the boundary of Area B
 
A. North:
 
1. at a maximum height of 9.0 m, a minimum Setback of 2.0 m shall be required for a minimum distance of 12.0 m from the east Lot line; and
2. at a maximum height of 20.0 m, a minimum Setback of 3.0 m shall be required for a minimum distance of 25.0 m from the east Lot line.
B. South: at a maximum height of 9.0 m, a minimum Setback of 12.0 m shall be required for a minimum distance of 20.0 m from the east Lot line.
C. East: at a maximum height of 20.0 m, a minimum Setback of 5.0 m shall be required from the east Lot line.
D. West: at a maximum height of 24.0 m, a minimum Setback of 3.0 m shall be required for a minimum distance of 15.0 m from the south Lot line.
g. The minimum Tower Setbacks, above 30.0 m in Height,shall be as follows:
 
i. from the boundary of Area A
 
A. North: 9.0 m
B. South: 16.0 m
C. East: 5.0 m
D. West: 9.5 m
ii. from the boundary of Area B
 
A. North: 5.0 m
B. South: 6.0 m
C. East: 30.0 m
D. West: 4.0 m
h. The maximum Floor Plate for each Tower shall be 850 m2.
i. The minimum distance between the Towers, above 30.0 m in Height shall be 25.0 m.
j. The below Grade Parking Garage shall not be subject to required Setbacks and can extend to all Lot lines provided there is sufficient soil depth maintained to support any required Landscaping above.
k. Platform Structures in the form of balconies above the podium shall be allowed to project a maximum of 2.5 m from the building Façades, except:
 
i. no projections shall be permitted within the minimum west Tower Setbacks of Area B; and
ii. no projections shall be permitted within the south Podium setback in Area A.
l. The Area B podium shall not contain Dwellings on the ground level Storey, except for Live Work Units.
a. Buildings shall be comprised of a podium and Tower configuration.
b. The Height of the podium shall be a minimum of 12.0 m and a maximum of 30.0 m.
c. Uses at grade fronting Jasper Avenue shall be non-Residential.
d. Buildings shall be designed to include the use of different architectural elements and treatments, articulated Façades, materials, and colours to add variety, rhythm, break up the massing and provide a sense of human scale.
e. Architectural projections and fenestration shall be utilized on the podium Façades to create visual interest and to reduce the visual mass.
f. Podium Façades facing a public roadway, other than a Lane, shall 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 Officer.
g. The podiums shall address Jasper Avenue NW, 115 Street NW and the east-west Lane through multiple entrances, transparent glazing, and distinctive architectural features consistent with the style of the building.
h. The placement and type of windows facing Jasper Avenue NW shall allow viewing into the building to promote a positive pedestrian-oriented street.
i. A minimum of 60% of the linear frontage of Non-Residential Uses shall consist of transparent and unobstructed glazing that allows viewing in and out of the Use to the satisfaction of the Development Officer.  Linear frontage shall be measured as the horizontal plane at 1.5 m above ground level.
j. 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 shall not be permitted.
k. In Area A, the treatment of the east and south podium Façades shall wrap around the corners to the north and south to provide a consistent architectural profile facing the east-west Lane and the south Lot Line.
l. The east Façade of Area B’s podium, shall have consistent and harmonious materials with the north 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.
m. The Building shall be designed and oriented to face and front Jasper Avenue NW, 115 Street NW, and the east/west lane with entrances that are prominent, clearly visible and distinct.
n. Entrances to the Residential Towers shall be from the east/west lane.
o. Residential, Residential-Related and Commercial Uses shall have individual accesses at Grade.
p. Weather protection, where appropriate as determined by the Development Officer, in the form of canopies or other architectural elements, shall be provided for access to Non-Residential Uses to create a comfortable environment for pedestrians.
q. All ground-oriented Dwellings that face 115 Street NW shall:
 
i. provide an individual external entrance at Grade, oriented and clearly visible to be readable from, and lend a sense of occupancy to, the public roadway using features such as, but not limited to, porches, staircases, and stoops. Sliding doors shall not serve as entrances;
ii. provide a semi-private outdoor area that is provided in a manner that establishes a transition area between the Dwelling and publicly accessible land using landscape features such as decorative fencing, change in grade, shrub beds, planters, rock gardens and/or other built elements, to the satisfaction of the Development Officer;
iii. have an elevation for the entrance that shall be a maximum 1.0 m above the adjoining and/or abutting public land; and
iv. not have solid fences higher than 1.2 m in Height adjacent to 115 Street NW.  Landscaping, retaining walls or other low height elements may be utilized to visually separate the semi-private courtyards facing the public streets.
r. The Tower tops shall contribute to the City’s skyline through architectural character refinement. The Tower shall provide articulation and visual interest by combination of sculpting of the building, variation of materials/colour, architectural features, or other means to the satisfaction of the Development Officer.
s. The design of the Tower shall be differentiated from the podium, but should reinforce some of the design details, colours, materials, and architectural expression from the podium.
t. Where podium roofs are visible from existing adjacent developments, the development shall improve rooftop aesthetics to the satisfaction of the Development Officer.  Enhancements shall include, but are not limited to: patios, gardens, green roofs or additional Amenity Area.
u. All mechanical equipment, including ground level Parking Garage vents, 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, or on-Site amenity or pedestrian circulation areas.
a. Vehicular access to each Site shall only be provided from an adjacent Lane.
b. All vehicular parking shall be accommodated in an underground Parking Garage.
c. Vehicular parking shall be provided as per the Zoning Bylaw, except that:
 
i. Visitor parking shall be provided at a minimum rate of 1 space per 20 dwellings; and
ii. Parking for non-Residential Uses may share parking spaces with visitor parking through an owner-operated parking management program.
d. A maximum of 10 surface level short-term spaces shall be provided in lay-by lanes for pick-up/drop-off visitor use at the rear or sides of the building(s) in general accordance to the appendices of this provision.
e. Variances to the number of off-street vehicular parking spaces may be considered by the Development Officer with the submission of a Parking Impact Assessment or a Parking Justification to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
f. Bicycle parking shall be provided in accordance with the regulations for Bicycle Parking Facilities in the Zoning Bylaw, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), and the following:
 
i. Bicycle Parking Facilities shall be provided at a rate of 0.45 spaces per Dwelling, in a safe and secure location in the underground Parking Garage 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;
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; and
iii. A minimum of 20 bicycle parking spaces shall be short term spaces along 115 Street and Jasper Avenue frontage.
g. A minimum of one Off-street loading space shall be provided for Area A and a minimum of two Off-street Loading Spaces shall be provided for Area B and shall be accessed from the lane in general accordance with the appendices of this Provision.
h. Entrances to Parking Garages shall minimize the physical and visual impact of the entrances and doors to the north-south and east-west Lanes, or other publicly-accessible areas adjacent, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
i. All loading, waste collection and storage areas shall be accessed from the adjacent lane and be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and City Operations (Waste Management Services).
a. Landscaping shall be in general conformance with Appendix IV.
b. 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).
c. Setbacks in front of Non-Residential and Non-Residential Related Uses shall be Hardsurfaced and visually incorporated into the public Walkway designed to enhance and complement the streetscape established in the Imagine Jasper Avenue design plan. 
d. Landscaping shall consider the use of plant materials that provide colour, texture, and visual interest throughout the year.
e. 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.
f. Building Setbacks in Area B from the north and west shall be integrated with the pedestrian oriented public realm of Jasper Avenue NW and 115 Street NW by providing seating, landscaping, and planters that contributes to the pedestrian-oriented character of the area; and
g. Building Setbacks in Area A from the west shall provide Private Amenity Area for street-oriented dwelling units fronting 115 Street.
h. 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 115 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.
i. A detailed exterior lighting plan shall be provided with a Development Permit application for construction of a new building to the satisfaction of the Development Officer.
j. 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, 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. 
a. A Comprehensive Sign Design Plan shall be prepared for the development and submitted with the Development Permit application for construction of the principal buildings.
b. A Sun Shadow and Wind Impact Study 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.
c. 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).
d. Prior to the issuance of a development permit for:
 
i. a building that contains 12 or more Dwelling units; or
ii. a building that contains less than 12 Dwelling units, but is part of a Site with 12 or more Dwelling units in total; 
the Development Officer shall ensure a signed agreement has been executed between the City and the owner, requiring the owner to provide the City, at the time of each development permit approval, the option to purchase up to 5% of the proposed number of Dwelling units (rounded to the nearest Dwelling unit) in each building with Dwelling units, at 85% of market value or the equivalent value as cash in lieu (at the discretion of the owner) to the City.
e. Notwithstanding the other Development Regulations of this Provision, the Appendices of this Provision and the Zoning Bylaw, in the event that the owner does not obtain a Building Permit and commence construction under a valid Development Permit for a principal structure within 10 years of the passage of the Bylaw adopting this Provision, development shall be in accordance with this Provision, except that:
 
i. In Area B
 
A. the maximum Height of any building shall be 36.0 m;
B. the maximum Floor Area Ratio shall be 6; and
C. the maximum number of Dwellings shall be 125.
ii. In Area A
 
A. the maximum Height of any building shall be 58.0 m;
B. the maximum Floor Area Ratio shall be 5.2; and
C. the maximum number of Dwellings shall be 192.
f. In Area B, Prior to the issuance of a Development Permit, except for Development Permits for demolition, excavation, shoring or signage, additional Environmental Site Assessment work, an Environmental Risk Management Plan and Remedial Action Plan, as required by the Development Officer, shall be submitted and reviewed to the satisfaction of the Development Officer in consultation with City Planning (Environmental Planner).  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.
a. As a condition of any Development Permit, the owner shall enter into an Agreement with the City of Edmonton for off-site improvements to support and enhance the development and surrounding streetscape as generally shown on the Appendices of this Provision. The Agreement shall include an engineering drawing review and approval process. Improvements shall be constructed at the owner’s cost, be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), Infrastructure Integrated Services, and City Operations and shall include, but may not be limited to, the following:
 
i. Improvements to the public realm along 115 Street NW directly abutting the Site and which may be staged such that improvements south of the east-west Lane are constructed with development of Area A and north of the east-west Lane with development of Area B. Improvements shall include, but not be limited to, removal of the existing vehicular accesses to 115 Street NW narrowing of 115 Street NW between the east-west Lane and Jasper Avenue, provision of a new curb and gutter, sidewalk, street lighting, furniture, street trees, and soft landscaping;
ii. Improvements to the public realm along Jasper Avenue NW directly abutting the Site and in general accordance with the Imagine Jasper Avenue design. Improvements may include, but shall not be limited to, provision of a new curb, sidewalk, street lighting, furniture, street trees, and soft landscaping. Notwithstanding this, the owner/applicant shall provide a minimum contribution of $307,200 to the City as follows:
 
A. To Imagine Jasper Avenue Streetscape improvements if streetscape improvements directly adjacent to Area B have been completed prior to the release of drawings for Building Permit review, or
B. If there are no remaining Imagine Jasper Avenue streetscape improvements, to the City towards streetscape improvements within proximity to the development located within the Oliver neighbourhood, at the discretion of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and the Oliver Community League.
iii. Improvements to the east-west lane directly abutting Areas A and B in general conformance with Appendix IV. Notwithstanding Appendix IV of this Provision, the exact material for the paving shall be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation);
iv. Reconstruction of the east-west Lane between 114 Street NW and 115 Street NW to a commercial alley standard including reconstructing the Lane crossing on 115 Street NW, as part of development within Area B;
v. Reconstruction of the north-south Lane directly adjacent to Area A to a commercial alley standard as part of development within Area A;
vi. Construction of infrastructure improvements on Jasper Avenue NW to the satisfaction of the Development Officer in consultation with EPCOR Water Services Inc;
vii. Improvements to drainage infrastructure as indicated in the Drainage Servicing Report, or alternative to the satisfaction of the Development Officer in consultation with City Planning  (Drainage); and
viii. Repair of any damage resulting from construction of the development to the abutting roadways, sidewalks, street furniture, 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 (Transportation).  The site must be inspected by the City prior to the start of the construction and once again when construction is complete.
b. A minimum of 30 of the total number of Dwellings shall be developed as Family Oriented Dwellings. A minimum of 10 Family Oriented Dwellings shall be developed in each Area. Notwithstanding the definition of Family Oriented Dwelling each unit shall: 
 
i. be located below the ninth Storey of the building;
ii. have a minimum of 3 bedrooms; and
iii. be supported by a minimum of three of the following amenities:
 
A. dedicated and enhanced bulk storage located within the Dwelling, or on the same Storey as the Dwelling;
B. dedicated and secured family bicycle parking room or cage which shall have racks or railings for a minimum of three bicycles. This family bicycle parking room may be located within the Dwelling, on the same Storey as the Dwelling, or within the Bicycle Storage Facility;
C. a private outdoor Amenity Area of at least 12.0 m2; or
D. access to a communal outdoor Amenity Area specifically designed for children of at least 50.0 m2.

Bylaw attachments