DC2 1082

Downtown - south of Jasper Avenue and east of 100 Street NW

Charter Bylaw 18994 (September 23, 2019)

To accommodate mixed use development in accordance with the existing DC2(E) Hotel Macdonald Development Agreement and to allow for the development of residential high rise building with a commercial podium that provides for an active and inviting pedestrian oriented streetscape fronting onto Jasper Avenue and 100 Street NW and a sensitive interface with the historic Hotel MacDonald.

This provision shall apply to Lots 2 & 3, Plan NE; Lots 3 & 3, Plan 8522037; and Lots 4A & 5A, Plan 9221710, south of Jasper Avenue and east of 100 Street NW, as shown on Schedule A of this Bylaw. This Provision is further divided into the following areas as identified in Appendix 1:

Area A: Lots 2 & 3, Plan NE; and Lots 4A & 5A, Plan 9221710;

Area B: Lot 3, Plan 8522037

Area C: Lot 2, Plan 8522037

a. Multi-unit Housing
b. Bars and Neighbourhood Pubs
c. Breweries, Wineries and Distilleries
d. Business Support Services
e. Child Care Services
f. Commercial Schools
g. Community Recreation Services
h. Convenience Retail Stores
i. Creation and Production Establishments
j. Exhibition and Convention Facilities
k. General Retail Stores
l. Government Services
m. Health Services
n. Indoor Participant Recreation Services
o. Live Work Unit
p. Media Studios
q. Liquor Stores
r. Major Home Based Business
s. Minor Home Based Business
t. Non-accessory Parking
u. Personal Service Shops
v. Private Clubs
w. Private Education Services
x. Professional, Financial and Office Support Services
y. Public Education Services
z. Public Libraries and Cultural Exhibits
aa. Residential Sales Centre
bb. Restaurants
cc. Specialty Food Services
dd. Urban Indoor Farms
ee. Urban Outdoor Farms
ff. Facia On-premises Signs
gg. Minor Digital On-premises Signs
hh. Projecting On-premises Signs

4.1. Development Regulations for Uses

a. The maximum floor area for Commercial Uses shall be 600 m2.
b. Breweries, Wineries and Distilleries shall be developed accessory to a Restaurant or a Bar and Neighbourhood Pub.
c. Convenience Retail Stores, and Liquor Stores shall be limited to the First Floor of the development.
d. Personal Service Shops shall not include Body Rub Centres.
e. Residential Sales Centres shall be limited to the marketing of on-Site Dwellings.
f. Signs shall comply with the General Provisions of Section 59 and the regulations found in Schedule 59F of the Zoning Bylaw.
g. A Comprehensive Sign Design Plan in accordance with Section 59.3 of the Zoning Bylaw shall be required to the satisfaction of the Development Officer.
h. Any application for a Minor Digital Sign Use shall require the submission of a Traffic Safety Study prepared by a qualified engineer and shall be to the satisfaction of the Development Officer in consultation with Transportation Services.
i. Minor Digital Signs shall be restricted to fascia signage on the eastern 18 m of the facade fronting Jasper Avenue.


4.2. Development Regulations for Site Layout and Built Form

a. The development shall be in general conformance with the attached Appendices to the satisfaction of the Development Officer.
b. The maximum Floor Area Ratio shall be 11.
c. Building Height:
i. The maximum Height of the Tower shall be 185.0 m; and
ii. The height of the Tower base shall be a minimum of 6.0 metres and a maximum of 13.0 metres.
d. The maximum Tower floor plate shall be 750 m2
e. The maximum number of Dwelling units shall be 475.
f. Building setbacks shall be as follows:
i. a maximum 2.0 m shall be provided from the north Lot line;
ii. a minimum 8.5 m shall be provided from the west Lot line, notwithstanding this, the setback shall increase to a minimum of 12.0 m for a minimum distance of 35.0 m from the south Lot line;
iii. a minimum 20.0 m shall be provided from the south Lot line; and
iv. a minimum 9.0 m shall be provided from the east Lot line.
g. A minimum Tower setback of 5.0 m shall be required from the north Lot line.
h. The Parking Garage below ground level shall not be subject to required Setbacks and can extent to all Lot lines provided there is sufficient soil capacity to support the required Landscaping. This can be achieved by the use of planters and other acceptable green roof technologies.


4.3. Development Regulations for building Design and Features

a. The building shall be comprised of a base plus Tower configuration and shall be differentiated through materiality and/or through architectural treatment of Facades but shall reinforce some of the design details, materials and architectural expression from the podium, as generally shown on the Appendices of this Provision.
b. Building entrances and windows shall be oriented to front onto Jasper Avenue and 100 Street. Ground level Commercial Uses shall have individual and prominent access at Grade and shall open to the Street.
c. A minimum of 70% of the linear building frontage of the ground Storey non-Residential Facades shall be comprised of transparent, non-reflective, non-tinted, unobscured glazing, where fronting Jasper Avenue and 100 Street NW.
d. Façade treatment shall wrap around to all sides of the building to provide a consistent profile facing Jasper Avenue, 100 Street, and adjacent properties.
e. All exposed building Facades shall have consistent and harmonious exterior finishing materials.
f. The building materials of the base shall be used to improve visual quality and permeability of the building to promote a positive pedestrian environment.
g. Exterior building materials shall be sustainable, durable, high quality and appropriate for the development within the context of the immediately surrounding neighbourhood. The use of vinyl siding is prohibited.
h. The geodetic elevation of the top of the floor on the level that is directly above Grade shall not exceed the geodetic elevation of the Abutting public sidewalk by more than 0.3 m.
i. The base shall be strongly articulated at regular increments to add variety, rhythm and a human scaled dimension along the street.  This may include:
i. the provision of awnings, canopies, window openings, reveals, offsets, multiple entrances arcades, columns, pilasters, materials and colour or other architectural features; and
ii. the provision of quality materials, interesting design, fenestrations, inviting entrances and superior landscaping
j. All mechanical equipment shall be concealed by screening in a manner compatible with the architectural character of the building or concealed by incorporating it within the building to the satisfaction of the Development Officer.
k. Wherever the base’s roof is visible from existing adjacent developments, the development shall provide enhancements to improve rooftop aesthetics. Enhancements may include patios, gardens, Green Roofs or additional Amenity Area.


4.4. Development Regulations for Parking, Loading, Storage and Access

a. Vehicular Parking shall be provided in accordance with the following:
i. A maximum of 1.1 parking spaces per unit;
ii. A maximum of 10 visitor parking spaces shall be provided;
iii. A maximum of 40 non-accessory spaces shall be provided;
iv. Notwithstanding Section 54, no spaces for Off-street Vehicular Parking shall be required for non-Residential Uses; and
v. Notwithstanding the above, the Development Officer may vary parking requirements with the submission of a parking impact assessment to the satisfaction of the Subdivision and Development Coordination (Transportation).
b. All required vehicular Parking shall be provided in an underground Parking Garage accessed from the internal roadway network as generally shown in Appendix 2.
c. 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, and the following:
i. Bicycle Parking facilities shall be provided at a minimum rate of 0.5 spaces per Dwelling, in a safe, secure, indoor location in the Parking Garage or in another secure location within the building that is easily accessible to cyclists via access ramps, or a route through the building which facilitates easy and efficient transportation of bicycles; and
ii. Bicycle Parking for Commercial Uses shall be provided at Grade in a highly visible location; and in addition to the required Bicycle Parking for Commercial Uses, a minimum of 10 Bicycle Parking spaces for visitors shall be provided in an easily accessible location and available for public use.
d. Vehicular and servicing access shall be designed to minimize the visual impact through screening, orientation, and other applicable techniques to the satisfaction of the Development Officer.
e. Loading, storage and trash collection areas shall be concealed from view from adjacent public roadways and sites. Trash collection and storage areas shall be located within the building. Trash collection areas shall be designed to the satisfaction of the Development Officer in consultation with Waste Management and Subdivision and Development Coordination (Transportation).


4.5. Development Regulations for Landscaping, Lighting, and Amenity Areas

a. Landscaping for the Site shall be in general accordance with Appendix 3.
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. The Landscape Plan shall include the following:
i. pavement materials: paving materials shall be high quality and durable using materials such as granite, tyndall stone, sandstone, precast concrete or clay and shall be arranged in a pattern using larger slabs;
ii. exterior lighting: exterior lighting shall include both architectural lighting and pedestrian lighting integrated in planters or low-level pedestrian oriented lighting;
iii. street furniture elements: street furniture elements such as benches, raised planters, waste receptacles and signage shall be consistent in aesthetics to provide visual identity as well as reinforce the heritage attributes of the adjacent hotel;
iv. pedestrian seating areas: pedestrian setting areas shall be provided using pre-cast concrete with hardwood benches.  Pedestrian seating areas will be provided throughout the plaza on raised planters and designed to create areas of social interaction.
v. bollards: bollards shall be provided to be complimentary in color and finish to the pavement materials.
d. Landscaping design and materials shall be of a high standard and suitable for its prominent location adjacent to the historic Hotel Macdonald to the satisfaction of the Development Officer.
e. The design, materiality and function of the publicly accessible private park shall tie this development to the Hotel Macdonald through the use of classical design elements with a modern interpretation to the Satisfaction of the Development Officer.
f. Street furniture, including benches, light standards and bollards, shall recognize and respond to the historic character of the adjacent Hotel Macdonald to the satisfaction of the Development Officer.
g. Landscaping shall have regard and look to preserve the view corridor from Jasper Avenue to the Hotel MacDonald.
h. The internal road connecting 100 Avenue NW with Jasper Avenue shall be designed to integrate with the Publicly Accessible Open Space through the use of design elements such as rolled curbs, bollards and decorative hardsurfacing that is consistent in design and materiality with the Publicly Accessible Open Space as generally shown in Appendix 3 and to the satisfaction of the Development Officer.
i. 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.
j. Landscaping on the Site shall consider the use of high quality materials, and plant materials that provide colour throughout the year to enhance the appearance of the development during cold weather months.
k. Detailed exterior lighting plans shall be provided with a Development Permit application for construction of a new building to the satisfaction of the Development Officer.
l. 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.
m. A minimum average Amenity Area of 6 m2 per Dwelling shall be provided. Amenity areas may include roof top spaces, ground floor outdoor space, meeting rooms, and fitness facilities.
n. Balconies with a minimum depth of 1.5 m may be used to satisfy required Amenity Area.


4.6. Other Regulations

a. 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;
b. 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. Sun Shadow and Wind Impact Studies shall be prepared and submitted with each 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 tunnelling, 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.
d. 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).
e. Prior to the issuance of a Development Permit, except for Development Permits for demolition, excavation, shoring or signage in any Area, pursuant to Sections 11.2 and 14.9 of the Zoning Bylaw, 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. The Development Officer shall also impose any conditions necessary to ensure that the Site is suitable for the full range of Uses contemplated in the Development Permit application.


4.7. Public Improvements and Contributions

a. Prior to the issuance of a Development Permit for the construction of a principal building, the site shall remain as a Publicly Accessible Open Space. A 24-hour access easement, in favour of the City of Edmonton, shall be registered on title for this Publicly Accessible Open Space.
b. Prior to the issuance of a Development Permit a 24-hour access easement, in favour of the City of Edmonton, shall be registered on title for a Publicly Accessible Open Space to be provided on site. The easement shall be a minimum of 500 m2 and be located within the south and east setbacks of the site, in general accordance with Appendix 2 and Appendix 3.
c. The Owner shall register a Public Access Easement to ensure that public access to the Publicly Accessible Open Space and private roadway network is provided. Easements shall make the private property owner(s) responsible for maintenance and liability, to the satisfaction of the Development Officer.
a. Unless otherwise specified in this provision, Development shall be in accordance with Appendix 6: Bylaw 7700 and Appendix 7: Bylaw 9303 of this provision and Zoning Bylaw 12800. In the event of a conflict between the Bylaw 7700 and Bylaw 79303, and Zoning Bylaw 12800, Appendix 6: Bylaw 7700 and Appendix 7: Bylaw 9309  shall take precedent.

Bylaw attachments