DC2 1094

Oliver - northwest corner of 100 Avenue NW and 112 Street NW

Charter Bylaw 19114 (January 21, 2020)

To facilitate the development of a mixed-use, high-rise, high density residential Tower that promotes walkability within close proximity to Grandin LRT station, and to the Downtown, a major employment district.

The provision shall apply to Lots 68-70, Block 12, Plan NB, located on the northwest corner of 100 Avenue NW and 112 Street NW, as shown on Schedule “A” of the Charter Bylaw adopting this Provision, Oliver.

1. Group Home
2. Limited Group Home
3. Lodging Houses
4. Minor Home Based Business
5. Multi-unit Housing
6. Professional, Financial and Office Support Services
7. Residential Sales Centre
8. Restaurants
9. Specialty Food Services
10. Fascia On-premises Signs
11. Temporary On-premises Signs
1. The following regulations shall apply to Professional, Financial and Office Support Services, Restaurants, Specialty Food Services and Residential Sales Centres:
 
a. They shall only be permitted at ground level facing 100 Avenue NW and/or the Lane to the west of the Site;
b. They shall not be permitted in any freestanding structure separate from a structure containing Residential Uses;
c. Their principal entrance shall be a separate, external entrance from entrances to Residential Uses; and
d. The maximum combined Floor Area shall be 250 m2 and the maximum floor area of any individual business premises shall not exceed 175 m2.
2. Signs shall comply with Section 59 and Schedule 59B of the Zoning Bylaw except that Signs shall not be permitted on the north Façade of the building.
3. Temporary On-premises Signs shall be limited to project advertising associated with an on-Site Residential Sales Centre and shall not include trailer mounted or signs with changeable copy.
1. The development shall be in general conformance with the attached Appendices, to the satisfaction of the Development Officer.
2. The maximum Height shall be 114.0 m.
3. The maximum Height of the podium shall be 12.0 m.
4. The maximum Floor Area Ratio (FAR) shall be 12.0
5. The maximum number of Dwellings shall be 310.
6. The minimum podium Setbacks shall be:
 
a. 3.0 m from the east Lot line;
b. 1.5 m from the north Lot line;
c. 5.0 m from the west Lot line; and
d. 3.0 m from the south Lot line.
e. Parking Garage exit stairs shall not be subject to the required Setbacks and may extend to the north Lot line.
7. The minimum Tower Setbacks shall be:
 
a. 5.0 m from the east Lot line;
b. 11.0 m from the north Lot line;
c. 5.0 m from the west Lot line; and
d. 5.0 m from the south Lot line.
8. Notwithstanding Section 5.6 of this Provision, the portions of the Parking Garage below ground level 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.
9. The maximum Floor Plate of the Tower shall be 820 m2.
10. Platform Structures that project from the podium, including verandas, porches, unenclosed steps, or any other architectural features which are of a similar character, may project into the required Setbacks provided that the following minimum distances are maintained from the Lot Lines:
 
a. 1.0 m from the east Lot line;
b. 3.0 m from the north Lot line;
c. 3.0 m from the west Lot line; and
d. 0.2 m from the south Lot line.
11. Balconies that project from the Tower may project a maximum of 2.4 m from the building Facades.
1. The building shall be oriented to both 112 Street NW and 100 Avenue NW, and designed to include street-oriented Dwellings facing 112 Street NW and Street Oriented Dwellings or Commercial Uses facing 100 Avenue NW.
2. Dwellings in the ground floor facing 112 Street NW or 100 Avenue NW shall have their primary private exterior entrances facing 112 Street NW or 100 Avenue. Sliding patio doors shall not serve as this entrance.
3. The Setback area in front of each Dwelling at ground level shall be designed such that it establishes a transition area from the public Walkway and shall include a change in elevation of at least 0.5 m from the public Walkway to the entrance and Landscaping such as shrub/tree beds, different paving materials and/or decorative fencing/screening.
4. The architectural treatment of the podium Facades containing Non-Residential and Non-Residential Related Uses shall strengthen the pedestrian-oriented experience by:
 
a. ensuring active frontages and/or windows continue north along the west Facade facing the north-south Lane to the west of the Site for a minimum distance of 4.5 m;
b. ensuring the placement and type of windows allow viewing into the building to promote a positive pedestrian-oriented street;
c. having Façades designed to break their appearance into 11.0 m sections or less, using a combination of recesses, projections, changes in building materials, colours, and/or a physical breaks in building mass;
d. ensuring a maximum of 10% of the first Storey glazing is covered by Signs. The remainder of the glazing shall remain free from obstruction; and
e. ensuring that a minimum of 70% of the linear frontage shall consist of transparent glazing. Linear Frontage shall be measured as the horizontal plane at 1.5 m above Grade.
5. Weather protection in the form of a canopy or other architectural element that is visible and distinct from the rest of the Façade shall be provided above the main residential entrance on 112 Street NW and shall not be subject to Section 44 of the Zoning Bylaw.
6. The exterior of the building shall be finished with high quality, durable materials such as, but not limited to, stone, brick, metal, wood, concrete, architectural panels, and/or glass.
7. The podium shall include the use of different architectural elements and treatments, such as variation in materials and colour, to provide articulation of Facades and add visual interest, variety, rhythm, and break up the massing to the satisfaction of the Development Officer.
8. The Tower shall contribute to the signature appearance of the building and the City’s skyline through treatment of the upper floors and roofline.
9. To reduce the visual impacts of massing of the building, balconies of the Tower shall maintain transparency through provision of metal railings with tempered glass panels or other durable transparent panels at the discretion of the Development Officer.
10. 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 environment for pedestrians, to accentuate artwork and building elements, and to highlight the development at night time and in winter months. 
11. Exterior lighting associated with the development shall be designed to minimize impact on an adjacent property. Particular attention shall be given to minimizing light trespass into the property immediately north of the Site. A detailed exterior lighting plan shall be provided to the satisfaction of the Development Officer.
12. All mechanical equipment, including roof mechanical units and Parking Garage intake/exhaust 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.
13. Any portion of a Parking Garage entrance that is exposed shall be designed and articulated with artistic or decorative detailing to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
1. Vehicular access and egress shall be provided from the Lane abutting the Site.
2. Vehicular parking shall be provided within an underground Parking Garage.
3. A minimum of 1 parking space shall be provided to accommodate a vehicle from a car share program. Should this program be proven not to be implementable, the space shall be used for visitor parking.
4. A minimum of 10 visitor parking spaces shall be required.
5. The underground parkade ramp shall be designed with a minimum width of 7.0 m. Any variance will be subject to the discretion of Development Officer in consultation with Subdivision and Development Coordination (Transportation).
6. Bicycle Parking shall be provided in accordance with the Zoning Bylaw, and the following:
 
a. Long term Bicycle Parking spaces for Residential Uses shall be provided at a minimum rate of 0.50 spaces per Dwelling;
b. Long term Bicycle parking spaces may be located in front of a vehicular parking space, either in a private cage storage unit or affixed to the Parking Garage wall.
c. A minimum of 10 bicycle parking spaces shall be provided as short-term spaces for commercial uses and visitors at ground level in a highly visible location, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
d. 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 to the Development Officer in consultation with Subdivision and Development Coordination (Transportation). If vertical racks are used, each Bicycle Parking space shall be a minimum of 0.6 m wide, 1.1 m deep and have a vertical clearance of at least 2.3 m, with a minimum 1.5 m wide aisle to the satisfaction to the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
7. Storage and waste collection areas shall be located within the building such that they are not visible from 112 Street NW or 100 Avenue NW. The waste collection area shall be accessed from the abutting Lane and be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination and Waste Management Services.
8. Notwithstanding Section 54.4 of the Zoning Bylaw no off-street Loading space shall be required.
1. The requirement for trees and shrubs shall be a minimum of 19 trees and 97 shrubs.
2. The required detailed Landscape Plan shall be prepared by a registered Alberta Association of Landscape Architects (AALA) Landscape Architect.
3. The selection of plant materials shall consider plants and shrubs that provide colour throughout the year to enhance the appearance of the development.
4. The Landscaping Plan shall demonstrate:
 
a. entry transitions, including features such as steps, decorative fences, gates, hedges, low walls, and/or planting beds within the Setback adjacent to 112 Street NW;
b. clear delineation of all Amenity Areas at Grade with vertical landscaping features (e.g. hedges, decorative fences, screens, low walls, shrubs, and other plant material); and
c. that soil above the underground Parking Garage shall be of sufficient depth to accommodate required Landscaping, including trees, shrubs, flower beds, grass, and ground cover.
5. An arborist report and tree preservation plan, 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 112 Street NW and 100 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.  If:
 
a. 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 in an enhanced growing soil medium in the form of soil cells or continuous trenches, at the cost of the owner; or
b. 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.
6. A minimum 1.0 m landscaped buffer shall be provided abutting the north property line, with the exception of the area where the Parking Garage stairs and vents are located. 
7. A minimum total Amenity Area of 7.5 m2 per Dwelling shall be provided through a combination of the following:
 
a. A minimum of 150 m2 of communal Outdoor Amenity Area provided at ground level;
b. A minimum of 60 m2 of Indoor Common Amenity Area;
c. Balconies with a minimum depth of 1.5 m; and
d. Each ground level Dwelling adjacent to 112 Street NW shall have direct access to a minimum of 20 m2 Private Outdoor Amenity Area.
8. Outdoor Common Amenity Area at ground level shall be landscaped with soft Landscaping, garden boxes/planters, seating area or other complimentary amenities.
1. A Crime Prevention through Environmental Design Assessment shall be prepared and submitted with the Development Permit application. Prior to the issuance of the Development Permit, recommendations of the assessment shall be incorporated into the design of the building 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 Guide for a Safer City (City of Edmonton, 1995).
2. A Wind Impact Study shall be prepared by a qualified, registered Professional Engineer and submitted with the Development Permit application for the principal building. Prior to the issuance of the Development Permit, any mitigation measures recommended by the study shall be incorporated into the design of the building, to the satisfaction of the Development Officer, to ensure the space around the building is fit for the intended Uses and that the balconies and terraces of the adjacent building to the south are anticipated to be comfortable for sitting relative to expected wind levels.
3. A Sun Shadow Study shall be prepared and submitted for review by the Development Officer and prior to the issuance of the Development Permit. Any mitigation measures recommended by the study shall be incorporated into the design of the building, to the satisfaction of the Development Officer to ensure the shadow impacts are adequately mitigated.
4. The storm and sanitary drainage systems required to service the development, including off-site improvements and on-site stormwater management, shall be in general conformance with the Drainage Servicing Report or alternatives to the satisfaction of the Development Officer in consultation with City Planning (drainage). Such improvements are to be constructed at the owner's cost.
5. Notwithstanding the other Development Regulations and Appendices of this Provision and Section 720.3(2) of the Zoning Bylaw, in the event that the owner/developer does not obtain a Development Permit and commence construction of the building within 10 years of the passage of the Bylaw adopting this Provision, development shall be in accordance with this Provision, except that:
 
a. the maximum Height shall be 10 m; and
b. the maximum Floor Area Ratio shall be 1.0.
1. A minimum of 20 Dwellings shall be designed with the following criteria:
 
a. have a minimum of three bedrooms;
b. be located in the lower nine Storeys of the building, with a minimum of 4 Dwellings located at the ground level facing 112 Street NW;
c. have direct access to Private Outdoor Amenity Area which can include balconies or patios; and
d. be supported by a minimum of two of the following amenities:
 
i. access to indoor common Amenity Area designed for children, of at least 20 m2;
ii. have dedicated and enhanced bulk storage located within the Dwelling, or on the same Storey as the Dwelling;
iii. have access to a minimum of three secure bicycle parking spaces; or
iv. a Private Outdoor Amenity Area of at least 10 m2.
2. Prior to the issuance of a development permit for:
 
a. a building that contains 12 or more Dwelling units; or
b. 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.
3. Prior to the issuance of the Development Permit for construction of the principal building, the developer shall enter into an agreement to contribute a minimum of $95,000:
 
a. to the Grandin Catholic Elementary School for the upgrading of the playground and playground equipment located on the Grandin Catholic Elementary School site; or
b. as a community contribution towards the construction or upgrading of a playground or playground equipment located within the Oliver neighbourhood,

 

with specific details to be determined at the Development Permit stage between the Owner and City Administration in consultation with the Grandin Catholic Elementary School or the applicable community group.  Notwithstanding the above, if a Development Permit application has not been made within five (5) years of the date of this Charter Bylaw approval, this contribution shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada
4. Prior to the issuance of the Development Permit for construction of the principal building, the owner shall enter into an agreement between the City of Edmonton for the owner to contribute a minimum of $62,699 towards the acquisition and placement of public art. Such agreement shall require that:
 
a. Prior to the issuance of the Development Permit, a public art plan showing the general location(s) of art shall be prepared and submitted to the City of Edmonton for review and approval by the Development Officer.
b. 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;
c. Artworks shall be created by a professional artist;
d. 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;
e. 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
f. 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 Development Permit for construction of the principal building, the owner shall enter into an Agreement with the City of Edmonton for all off-Site improvements necessary to serve the development. The Agreement includes an engineering drawing review and engineering approval process. Improvements shall be constructed at the owner’s costs, be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and others, and shall include, but may not limited to:
 
a. Upgrading the north-south Lane adjacent to the Site to a commercial alley standard within the available right-of-way, including relocation and/or trenching of the above-ground utilities as required to serve the development.
b. Repair of any damage resulting from construction of the development to the Abutting roadways, sidewalks, street furniture, street trees, 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). 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.

Bylaw attachments