DC2 1065

Downtown - southeast corner of 106 Street and 102 Avenue

Charter Bylaw 18838 (June 6, 2019)

To accommodate two high rise residential buildings with a mixed-use podium that is sensitive to the future downtown park and supports pedestrian friendly streetscape along 106 Street and 102 Avenue.

This provision shall apply to Lots 138, 139, 140, 141, and 142, Block 5, Plan B2 located at the southeast corner of 106 Street and 102 Avenue in Downtown Edmonton as shown in Schedule A of this Bylaw.

a. Apartment Hotels
b. Apartment Housing
c. Bars and Neighbourhood Pubs
d. Business Support Services
e. Breweries, Wineries and Distilleries
f. Cannabis Retail Sales
g. Child Care Services
h. Convenience Retail Stores
i. Creation and Production Establishments
j. General Retail Stores
k. Government Services
l. Health Services
m. Hotels
n. Household Repair Services
o. Live Work Unit
p. Major Alcohol Sales
q. Minor Alcohol Sales
r. Minor Amusement Establishments
s. Minor Home Based Business
t. Media Studios
u. Non-accessory Parking
v. Personal Service Shops
w. Professional, Financial and Office Support Services
x. Private Education Services
y. Public Libraries and Cultural Exhibits
z. Residential Sales Centre
aa. Restaurants
bb. Specialty Food Services cc. Urban Gardens
cc. Fascia On-premises Signs
dd. Projecting On-premises Signs
ee. Minor Digital On-premises Signs
a. The development shall be in general accordance with the attached Appendices to the satisfaction of the Development Officer.
b. The maximum Floor Area Ratio (FAR) shall be 18, excluding indoor  Amenity Areas.
c. The maximum number of Dwellings shall be 780, in accordance with the following:
 
i. The maximum number of Dwellings in the Towers shall be 730; and
ii. A minimum of 40 Dwellings shall have a minimum of three bedrooms.
d. The maximum Height of the north Tower shall be 127.0 m.
e. The maximum Height of the south Tower shall be 117.0 m.
f. The maximum Tower Floor Plate for the Towers shall be 800 m2.
g. There shall be no required minimum Setbacks from the east and south Lot Lines.
h. The minimum Setback along the west Lot lines shall be 0.8 m.
i. The minimum setback from the north Lot line shall be 2.0 m for the first and second Storeys of the Podium and 0 m for the third and fourth Storeys of the Podium.
j. A triangular shaped setback 4.5 m in length shall be required for the first and second Storeys of the Podium or 6.5 m above grade, whatever is greater, at the intersection of the north and west Lot lines in general accordance with Appendix I.
k. Setbacks adjacent to 102 Avenue NW and 106 Street NW shall be designed to accommodate street related activities, such as sidewalk cafes, architectural features and Landscaping that contributes to a pedestrian oriented public realm.
l. The minimum Tower Setbacks shall be:
 
i. 10.0 m from the south Lot line;
ii. 2.5 m from the west Lot line;
iii. 4.2 m from the north Lot line; and
iv. 4.2 m from the east Lot line.
m. Notwithstanding Section 4(l) of this Provision:
 
i. Balconies shall be allowed to project a maximum of 1.85 m into Tower Stepbacks.
ii. An Amenity Area Storey, located in both the north and south Towers, shall be allowed to project 2.8 m into the Tower Setbacks in general accordance with the Appendices of this Provision.
n. A minimum average Amenity Area of 6.5 m2 per Dwelling shall be provided through the following:
 
i. Common Amenity Areas that may include, but are not limited to, an Amenity Area Storey located in each Tower in general accordance with Appendix 4;
ii. Outdoor common Amenity Area located on the roof of the Podium in general accordance with Appendix 3;
iii. Amenities such as, but not limited to, change room facilities, fitness rooms, meeting rooms, fitness facilities and common lounges;
iv. Balconies with a minimum depth of 1.5 m; and
v. A minimum 50 m2 common Amenity Area specifically designed for children.
a. Vehicular access shall be provided from the rear Lane in general accordance with Appendix 2.
b. Vehicular parking shall be provided in a combination of underground and/or above grade Parking Garage which shall be part of the Podium.
c. Adequate sight lines shall be maintained for vehicles entering and exiting the Parking Garage, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination.
d. The development shall provide a maximum of 650 on-site vehicular parking spaces, including visitor parking spaces.
e. A maximum of 200 vehicular parking spaces shall be permitted in the above Grade Parking Garage.
f. Vehicular parking spaces shall not be required for non-residential and non-Residential- related Uses.
g. Loading and storage areas shall be located in the Podium to the rear of the development and shall be screened from view from any adjacent Sites or public roadways.
h. A minimum of two off-street loading spaces at a minimum of 3.0 m in width and by 6.0 m in length shall be provided and accessed from the rear Lane abutting the site in accordance with the Appendix. The Development Officer may vary the dimensions of the loading space in consultation with Subdivision and Development Coordination (Transportation).
i. Bicycle Parking Facilities shall be provided at a rate of 0.5 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. Notwithstanding the Zoning Bylaw, 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.
j. Waste collection and storage shall be located within the building and screened from view of the adjacent Lane and shall be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination and City Operations.
a. A detailed Landscape Plan for the Site, prepared by a Landscape Architect registered with the Alberta Association of Landscape Architects (AALA), including all existing and proposed utilities within the road right-of-way shall be submitted as part of a Development Permit application for review and approval by the Development Officers . The following shall also apply and be shown on the required Landscape Plan:
 
i. present a plant material palette that provides a variety of colors and textures to create seasonal interest particularly during the winter months;
ii. include pavement materials, exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new and existing tree plantings, and other landscaping elements as applicable.
iii. Within the Setback in front of active Residential Uses fronting onto 106 Street NW, provide an enhanced pedestrian experience and a public realm that seamlessly transition from public to private property by continuing the public sidewalk paving materials, finish, and pattern to compliment the adjacent streetscape.
b. 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.
 
i. 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 106 Street NW and 102 Avenue 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.
ii. if 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
iii. if the arborist report indicates that the development will not unduly compromise the ongoing viability and health or 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.
a. Signs shall comply with the General Provisions of Section 59 and the regulations found in Schedule 59F of the Zoning Bylaw.
b. A Comprehensive Sign Design Plan shall be submitted to the satisfaction of the Development Officer.
c. 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. The maximum floor area for Commercial Uses shall be 800 m2.
b. Breweries, Wineries and Distilleries shall only be permitted when accessory to a Restaurant or a Bar and Neighbourhood Pub.
c. Each Bar and Neighbourhood Pub, Restaurant and Specialty Food Services shall be limited to 120 m2 of Public Space excluding mezzanine and exterior patio/deck space.
d. Live Work Units shall be limited to ground floor Dwelling units facing 106 Street NW.
e. Non-Accessory Parking shall be limited to a maximum of 185 parking spaces.
f. Personal Service Shops shall not include Body Rub Centres.
g. Professional and Financial and Office Support Services shall be limited to a maximum ground floor area of 240 m2 and a total area of 360 m2 .
h. Residential Sales Centers shall be limited to the marketing of on-Site Dwellings.
i. After the completion of both towers, Non-accessory Parking shall not be permitted.
a. General
 
i. The Height of Podium shall be a minimum of 6.0 and a maximum of 16.8 m. The maximum height of the Podium shall be no more than four Storeys.
ii. The Podium shall be developed provide a human-scaled building edge through variation in Setbacks, building articulation, or through the architectural treatment of the Facades.
iii. Building materials shall be sustainable, durable, high quality and appropriate for the development within the context of the Warehouse District. The contextual fit, design, proportion, quality, texture and application of various finishing materials shall be to the satisfaction of the Development Officer.
iv. Brick shall be used as the predominant exterior cladding material on the first and second Storeys of residential dwellings fronting onto 106 Street NW
v. Entrances for non-Residential Uses shall be clearly differentiated from entrances to Residential and Residential-Related Uses on 106 Street NW and 102 Avenue NW through distinct architectural treatment to the satisfaction of the Development Officer.
vi. The Building shall be designed and oriented to face and front 102 Avenue NW and 106 Street NW with entrances that are prominent, clearly visible, and distinct.
b. Active Residential Frontage
 
i. A minimum of 6 Dwellings shall be developed as ground oriented fronting onto 106 Street NW in accordance with the appendices and the following:
 
A. Dwellings shall take the appearance of row housing and shall be articulated as individual units with individual direct entrances and windows fronting onto 106 Street NW and include such features as staircases, stoops, semi-private outdoor areas, or landscaped yards. Sliding patio doors shall not serve as these entrances.
B. Front Setbacks of Ground-oriented Dwellings shall provide a transition area from 106 Street NW which may include design features such as a maximum change from Grade of 1.0 m to the entrance, landscaping such as shrub or tree beds, different paving materials, and/or planters.
c. Active non-Residential
 
i. Non-Residential Uses fronting onto 106 Street NW and 102 Avenue NW shall provide a minimum of 70% of the building Facade as transparent, nonreflective, untinted, and unobscured 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 1.5m above Grade.
ii. Non-Residential Uses fronting onto 106 Street NW and 102 Avenue NW shall provide weather protection in the form of a canopy or other architectural element above entrances to create a comfortable environment for pedestrians.
d. Podium
 
i. The Podium shall be designed to strengthen the pedestrian oriented commercial street on 102 Avenue NW and the pedestrian oriented residential street of 106 Street NW, in accordance with the Appendices of this Provision, and the following:
 
A. The third and fourth Storeys of the Podium may be developed as Apartment Housing, or as an above Grade Parking Garage in accordance with the requirements of this Provision.
B. No portion of the above Grade Parking Garage shall be allowed for a minimum depth of 8.0 m as follows:
 
a. on the first and second Storeys fronting 102 Avenue NW and 106 Street NW; and
b. on the third Storey fronting 106 Street NW for the 15.5 m from the south Lot line.
C. To allow for future Apartment Housing to be located within the third and fourth Storeys of the Podium, the following shall be required:
 
a. the minimum Height of a Storey for the third and fourth Storey of the Podium shall be 3.3 m;
b. the third and fourth Storey of the Podium shall be demonstrated to be developed with a level floor suitable for future residential use to the satisfaction of the Development Officer;
c. Parking Garage access ramps to the third and fourth Storeys of the Podium shall be engineered and designed to be removed from the Podium to the Satisfaction of the Development Officer; and
d. the Development Officer may request an engineering report to demonstrate the requirements of this regulation are being met, to the satisfaction of the Development Officer
ii. Any portion of the above Grade Parking Garage not wrapped with active Commercial Uses or Residential Uses shall be screened from external view to the satisfaction of the Development Officer, in consultation with the Edmonton Design Committee, as follows:
 
A. The design of the portion of the above Grade Parking Garage shall be enclosed within solid (a material not permeable to light) walls to ensure vehicles within the structure are not visible; and
B. Screening shall take the form of visually interesting architectural screening which is integrated as part of the building design to enliven 102 Avenue NW and 106 Street NW through design techniques such as variations in colours, patterns, artistic lighting, and art.
C. Art installation shall be allowed on the third and four Storeys of the Podium that wraps the northwest corner of the development (106 Street NW and 102 Avenue NW) and shall be visible from the public realm in general accordance with the Appendices of this Provision.
e. Tower
 
i. The length of any Tower face shall be a maximum of 40.5 m.
ii. Towers shall be differentiated from the Podium, but should reinforce the design details, and/or materials, and/or architectural expression from the Podium.
iii. Towers shall be designed and oriented in a way that allows sunlight to reach street level and preserves views to the open spaces.
iv. The minimum distance between the Towers shall be 20.0 m.
v. The top of the Towers shall contribute to the “signature” of the building and the City’s skyline through treatment of the upper floors and/or the mechanical penthouse, balconies, and glazing, and shall provide visual interest by combination of lighting the, variation of material/color and/or other means in general accordance with the Appendices of this Provision, to the satisfaction of the Development Office.
a. All building Facades shall have consistent and harmonious exterior finishing including materials such as, but not limited to, stone, masonry, metal, wood panels, cement panels, acrylic stucco, and/or glass.
b. The development shall incorporate design elements to reduce the perceived mass and add architectural interest, including:
 
i. articulation of the Façades, using a defined pattern of projections and/or recessions; and a variety of exterior building cladding materials and colours; and
ii. prominent front entrances at 106 Street NW and 102 Avenue NW.
c. All mechanical equipment, including roof mechanical units, surface level venting systems, and transformers 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.
d. Decorative and security lighting shall be designed and finished in a manner consistent with the architectural theme of the development and shall be provided to ensure a well-lit and safe environment for pedestrians, and to accentuate architectural elements, roof tops and public art. Exterior lighting associated with the development shall be designed such that it has no negative impact on an adjacent property. An exterior lighting plan shall be provided to the satisfaction of the Development Officer.
e. 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.
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:
 
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.
d. 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 within 10 years of the passage of the Bylaw adopting this Provision, development shall be in accordance with this Provision, except that the maximum height shall be 50.0 metres and the maximum FAR shall be 6.0.
e. Prior to the issuance of a Development Permit, except for Development Permits for demolition, excavation, shoring or signage, additional Environmental Site Assessment work, Remedial Action Plan, and an Environmental Risk Management 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. Streetscape Improvements:
 
i. As a condition of the Development Permit for construction of a principal building, the owner shall enter into an Agreement with the City of Edmonton for off-Site improvements necessary to serve or enhance the development, such improvements to be constructed at the owner’s cost and be designed to the Satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). The Agreement process includes an engineering drawing review and approval process. Improvements to address in the Agreement include, but are not limited to:
A. The repair of any damage resulting from construction of the development to the abutting roadways, sidewalks and/or boulevard, and 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 Subdivision and Development Coordination (Transportation) prior to the start of the construction and once again when construction is complete.
B. Improvements to the Public Realm along 106 Street NW directly abutting the Site. These improvements shall be designed to the satisfaction of the Development Officer in conjunction with Subdivision and Development Coordination (Transportation), Urban Renewal, City Operations and Integrated Infrastructure Services. Such improvements shall include but are not limited to:
 
a. the preservation and/or removal, as justified in subjection 6.d of this provision, of existing boulevard trees along 106 Street NW.
b. provide a minimum of 5 additional trees within enhanced growing mediums;
c. removal of any existing vehicular access to the Site;
d. continuous decorative surface treatment to extend the pedestrian realm;
e. quality, durable street furnishings and materials; and
f. pedestrian-scaled lighting.
C. Notwithstanding the above, improvements to 106 Street NW may be changed in consultation with Subdivision and Development Coordination (Transportation), City Operations and Integrated Infrastructure services as a result of future planning by Building Great Neighbourhoods/Neighbourhood Renewal or Light Rail Transit development.
D. Reconstruction of the north-south Lane between 102 Avenue NW and the east- west Lane south of the Site to a commercial alley standard.
b. Family Oriented Dwellings:
 
i. A minimum of 30 Dwellings shall be developed as Family Oriented Dwellings. A minimum of 15 Family Oriented Dwellings shall be developed with the first Development Permit for a Tower. A minimum of 3 Family Oriented Dwellings shall be ground oriented facing 106 Street NW. Notwithstanding the definition of Family Oriented Dwelling, each unit shall:
 
A. have a minimum of three bedrooms;
B. be located below the 17th Storey of the Tower;
C. have access to common Amenity Areas specifically designed for children; and
D. have dedicated and enhanced bulk storage located within the Dwelling, or on the same Storey as the Dwelling.
c. Public Art
 
i. Prior to the issuance of the Development Permit the owner shall enter into an agreement with the City of Edmonton whereby the owner shall provide a minimum contribution of $275,233 toward the acquisition of public art. The following shall apply to this contribution with further details contained in the said agreement:
 
A. the owner shall provide details of the Public Art program including location, specifications, lighting and costs, to the satisfaction of the Development Officer;
B. 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;
C. artworks(s) shall be commissioned or purchased by the owner and all costs and procedes related to the procurement of the artworks, operation and future maintenance shall be the responsibility of the owner;
D. 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 Plan;
E. the Public Art contribution shall not be used for screening of the above Grade Parking Garage; and
F. If a Development Permit application has not been made within five (5) years of the date of this Bylaw approval, this contribution shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.

Bylaw attachments