DC2 1069

Downtown - south of 102 Avenue NW and east of 104 Street NW

Charter Bylaw 18896 (July 3, 2019)

To accommodate a mixed use development comprised of a podium and Tower with ground oriented commercial uses that promote a walkable and vibrant public realm along 104 Street and is compatible in scale, function, built form and design with the historical, architectural and urban village character of the area

This provision shall apply to Lot 162, Block 3, Plan B-1 and Lot 163, Block 3, Plan NB1 in the neighborhood of Downtown, as shown in Schedule “A” of the Bylaw adopting this Provision.

a. Apartment Hotels
b. Apartment Housing
c. Bars and Neighbourhood Pubs
d. Breweries, Wineries and Distilleries
e. Business Support Services
f. Cannabis Retail Sales
g. Child Care Services
h. Commercial Schools
i. Convenience Retail Stores
j. Creation and Production Establishments
k. General Retail Stores
l. Government Services
m. Group Home
n. Health Services
o. Hotels
p. Indoor Participant Recreation Services
q. Limited Group Home
r. Live Work Unit
s. Lodging Houses
t. Major Home Based Business
u. Media Studios
v. Minor Alcohol Sales
w. Minor Amusement Establishments
x. Minor Home Based Business
y. Non-accessory Parking
z. Personal Service Shops
aa. Private Clubs
bb. Private Education Services
cc. Professional, Financial and Office Support Services
dd. Residential Sales Centre
ee. Restaurants
ff. Secondhand Stores
gg. Specialty Food Services
hh. Fascia On-premises Signs
ii. Projecting On-premises Signs
a. The maximum Gross Floor Area for non-Residential or non-Residential-Related Uses shall be 13,000 m2 and shall be located no higher than 65 metres.
b. Each Restaurant and Specialty Food Services Use shall be limited to a maximum of 300 m2 of Public Space, excluding exterior patio/deck space
c. Each Bar and Neighbourhood Pub Use shall be limited to a maximum of 120 m2 of Public Space, excluding exterior patio/deck space.
d. Breweries, Wineries and Distilleries shall only be allowed if developed in combination with a Restaurant or Bar and Neighbourhood Pub as described in this Provision.
e. Residential Sales Centres shall be limited to the marketing of the on-Site condominium or rental Dwellings.
f. Non-accessory Parking shall not exceed a maximum number of 120 spaces.
g. Signs shall comply with the regulations found in Schedule 59H.
h. A Comprehensive Sign Design Plan in accordance with Section 59.3 of the Zoning Bylaw shall be prepared for the development and submitted with the Development Permit application for the principal building.
i. For all Sign applications, the Development Officer, in consultation with the Heritage Planner, shall review the application in context with the surrounding development, such as, but not limited to, the architectural theme of the area; any historic designations; the requirements of any Statutory Plan; and any streetscape improvements. The Development Officer may require revisions to the application to mitigate the impact of a proposed Sign, and may refuse an application for a Development Permit that adversely impacts the built environment.
a. The development shall be in general conformance with the attached Appendices.
b. The maximum Height of the Tower shall be 115.0 m
c. The maximum Height of the podium shall be 15.5 m. The minimum Height of the podium shall be 13 m.
d. The maximum Tower Floor Plate shall be 700 m2.
e. The maximum Floor Area Ratio (FAR) shall be 17.0.
f. The maximum number of Dwellings shall be:
 
i. 156 Dwellings if the building contains a Hotel or Apartment Hotel Use; or
ii. 312 Dwellings if the building does not contain a Hotel or Apartment Hotel Use.
g. Minimum Setbacks from the Lot lines shall be provided as follows:
 
i. From the north – 0.0 m
ii. From the south – 0.0m
iii. From the east – 5.0 m
iv. From the west – 0.0 m
h. The minimum Tower setbacks from the Lot lines shall be as follows:
 
i. From the north – 1.0 m
ii. From the south – 1.0 m
iii. From the east – 15.0 m
iv. From the west – 4.5 m
i. The maximum length of any Tower Façade shall be 28.0 m.
j. The portions of the Parking Garage below ground level shall not be subject to required Setbacks and can extend to all Lot lines.
k. A minimum Amenity Area of 10 m2 per Dwelling shall be provided and can be private and/or communal. This may be achieved through the use of balconies, terraces/patios on top of the podium base, rooftop terraces/patios, and indoor Common Amenity Areas such as communal lounges and fitness areas.
l. Platform Structures in the form of balconies with a minimum depth of 1.2 m may be used to satisfy required Amenity Area, and shall:
 
i. not be permitted on the north and south Façades of the Tower, and
ii. shall not project into the Setback unless they are above the 18th Storey.
a. All vehicular parking shall be provided in the underground Parking Garage.
b. Vehicular access to the underground Parking Garage shall be provided from the rear Lane, in general conformance with the Appendices, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
c. All aisles shall be a minimum of 6.9 m wide for 90º parking.
d. The number of off-street vehicular accessory parking spaces shall be provided  as per Schedule 1(B) – Areas Within the Downtown Special Area (HA Zone) of the Zoning Bylaw, except that:
 
i. if the building contains a Hotel or Apartment Hotel Use, parking for Hotel and/or Apartment Hotel shall be provided at a minimum rate of 0.17 spaces per room.
ii. A maximum of 15% of the required parking spaces may be of a width and length shorter than that required, to a minimum of 2.4m width with a minimum clear length of 4.6m exclusive of aisles. Such spaces shall be clearly signed as small car spaces, easily located and convenient to use.
e. Variances to the number of off-street vehicular accessory parking spaces may be considered by the Development Officer if the owner can demonstrate through a Parking Impact Assessment, that the parking proposed is less or more than that required by this Provision and rationalizes any variance in parking requirements 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 Zoning Bylaw, and the following:
 
i. Bicycle Parking facilities for Residential Uses 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 is easily accessible to cyclists via access ramps, or a route through the building(s) which facilitates easy and efficient transportation of bicycles.
ii. a minimum of 20 Bicycle Parking spaces shall be provided for Commercial Uses and visitors, a minimum of which 10 shall be at ground level in a highly visible location either on or off-site, and be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
iii. Bicycle Parking may be located more than 15.0 m from a building’s principal entrance.
iv. 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 (Transportation).
g. Waste collection and storage areas shall be located within the building, and accessed from the rear Lane as indicated on Appendix 1: Site Plan. The waste collection and storage areas, and access to it, shall be designed to the satisfaction of the Development Officer in consultation with Waste Management Services and Subdivision and Development Coordination (Transportation).
h. A minimum of one (1) off-street loading space shall be provided for the Site accessed from the rear Lane, and shall be a minimum of 3.0 m in width with a minimum length of 8.5m, as per Appendix 1: Site Plan and shared with the commercial waste collection and storage areas access.
i. An update to the Transportation and Parking Impact Assessment shall be submitted if the development does not contain a Hotel or Apartment Hotel Use. The update will be required at the Development Permit stage and shall be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
a. A detailed Landscape Plan, prepared by a registered Alberta Association of Landscape Architects landscape architect, for the Site, shall be submitted for review and approval by the Development Officer, prior to the issuance of any Development Permit, except for a permit for excavation or shoring.
b. Landscaping in front of Commercial Uses on City-owned land shall be  Hardsurfaced and integrated and compliment the style with the pedestrian oriented public realm that exists along 104 Street NW.
c. Landscaping, both on-Site and off-Site, shall consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during the cold weather months.
d. 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.
e. An arborist report and tree preservation plan, to the satisfaction of the Development Officer in consultation with City Operations (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 104 Street. 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. The owner shall be responsible for maintenance of the trees for a minimum of two years after installation; 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 City Operations (Urban Forestry).
a. The building shall be comprised of a podium and Tower configuration.
b. The podium shall recognize the scale, architecture and the built form of the  existing historical structures on the same block face.
c. The architectural treatment of the podium shall adhere to the general alignment of the horizontal elements and vertical elements of the adjacent historical structures along the same block face.
d. All exposed building Façades shall have consistent and harmonious exterior finishing materials.
e. All exterior building materials shall be durable, high quality and appropriate for the development within the context of the immediately surrounding neighbourhood, including, but not limited to: masonry, stone, brick, metal cladding/panelling and/or glazing.
f. Brick shall be used as the cladding material for the west and north Façades of the podium portion of the building, excluding windows, entrances, and recessed portions of the podium Façades.
g. Notwithstanding Section 8.f. of this Bylaw, if accommodating a painted Façade,exterior finishing materials for the north Façade shall include, but are not limited to, textured concrete finishes, masonry, or stone.
h. Building Façades of the podium fronting onto 104 Street NW shall be strongly articulated at regular increments to add variety, rhythm and a human scaled dimension along the block face in general accordance with Appendix IV to create an attractive and visually interesting streetscape.
i. Building entrances shall be clear, distinct and front onto the 104 Street.
j. Residential, Residential-Related and Commercial Uses shall have individual accesses at Grade.
k. Where a Hotel or Apartment Hotel is to be developed, a maximum Frontage of 21.0 m shall be used for the lobby. The remaining frontage, excluding the Residential area, shall be used for non-Residential and non-Residential Related Uses, which may be Accessory to the Hotel or Apartment Hotel.
l. The placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented street.
m. A minimum of 70% of the linear frontage of the ground floor shall consist of transparent glazing. Linear frontage shall be measured as the horizontal plane at 1.5 m above Grade.
n. Weather protection, in the form of canopies or other architectural elements shall be provided above entrances to create a comfortable environment for pedestrians.
o. The residential lobby shall have a separate entrance with individual signage separate from all other non-Residential or non-Residential-Related Uses.
p. To provide visual interest and a distinct break between the upper and lower Tower portions:
 
i. the east and west Façades shall be stepped back a minimum of 1.0 m for a minimum of one Storey between the 15th and 20th Storey; and
ii. the articulation and fenestration of the upper and lower Tower Façades shall be differentiated, as shown in the attached appendix, to the satisfaction of Development Officer.
q. The podium rooftops of the development shall improve rooftop aesthetics to the satisfaction of the Development Officer. Improvements to aesthetics shall include screening of mechanical equipment, appropriate roof surface material, colour and texture variations and hard or soft Landscaping.
r. 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, pedestrian circulation areas, and the public realm.
s. 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 detailed exterior lighting plan shall be provided with the Development Permit application to the satisfaction of the Development Officer.
a. As a condition of a 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 the development, such improvements to be constructed at the owner’s cost. The agreement process includes an engineering drawing review and approval process. Improvements to address in the agreement include, but are not limited to:
 
i. Repair of any damage resulting from construction of the development to the Abutting roadways, sidewalks and/or boulevard, including Lanes not directly adjacent to the Site but which may be used for construction purposes, to the satisfaction of Subdivision and Development Coordination (Transportation);
ii. Replacement of any street furniture including lamps, benches, bollards or planters, that are removed/damaged for construction and shall match the 104 Street Streetscaping standards for style and frequency;
iii. Removal of the existing 104 Street vehicular access and restoration of the public realm that matches the 104 Street streetscaping standards in terms of paving materials, finish, and pattern;
iv. Resurfacing the Lane adjacent to the Site.
b. 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.
c. Prior to the issuance of a Development Permit for the principal building, the owner shall enter into an agreement with the City of Edmonton whereby the owner shall provide a minimum total contribution of $156,800.00. The agreement shall require the acquisition of public art and contributions towards an off-Site Public Amenity. The funds shall be submitted to the City prior to the issuance of the Development Permit and be disbursed by the City according to a separate agreement, in the case of public art, between the owner and the artist(s), and in the case of the off-site Public Amenity, between the City and the Downtown Edmonton Community League.  The following shall apply to these contributions:
 
i. Public Art
 
A. Artworks shall be created by a professional artist;
B. The owner shall demonstrate that a minimum of $20,000.00 has been allocated to the acquisition of artworks;
C. Artworks shall be located on the north Facade of the podium and be publicly viewable, to the satisfaction of the Development Officer; and
D. 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.
ii. Off-Site Public Amenity
 
A. Notwithstanding the above, the contemplation of a contribution towards an off-Site Public Amenity shall only apply if the minimum contribution of $156,800.00 cannot be satisfied entirely through the acquisition of public art. The minimum contribution less the Public Art contribution shall be contributed towards an off-Site Public Amenity located within the Beaver Hills Park, the Campus Warehouse Park or divided between those Parks, within the Downtown Neighbourhood, in consultation with the Downtown Edmonton Community League.
B. The off-Site Public Amenity 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.
a. Sun Shadow and Wind Impact Study may be required at the discretion of the Development Officer for submission 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 the 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 demolition and 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. Required improvements to drainage infrastructure as indicated in the drainage Site Servicing Design Brief or alternatives shall be completed to the satisfaction of the Development Officer in consultation with City Planning (Drainage).
d. Notwithstanding the other development regulations of this Provision, the Appendices of this Provision and Section 720.3(2) of the Zoning Bylaw, in the event that the owner/developer does not obtain a Building Permit and commence construction of the principal building under a valid Development Permit within 10 years of the passage of the Bylaw adopting this Provision, development of the Site shall be in accordance with this Provision, except that the maximum FAR shall be 14.0.

Bylaw attachments