Oliver - northeast corner of 121 Street NW and 102 Avenue NW
Charter Bylaw 20067 (April 20, 2022)
To accommodate a mixed-use development which includes a high rise, ground-oriented Dwellings, and street-related commercial Uses fronting onto 121 Street NW and 102 Avenue NW.
This Provision shall apply to Lot 29A, Block 20, Plan 2021196 located on the northeast corner of 121 Street NW and 102 Avenue NW, as shown in Schedule “A” of the Charter Bylaw adopting this Provision, Oliver.
| 1. | Apartment Hotels |
| 2. | Bars and Neighbourhood Pubs |
| 3. | Breweries, Wineries and Distilleries |
| 4. | Business Support Services |
| 5. | Convenience Retail Stores |
| 6. | Creation and Production Establishments |
| 7. | General Retail Stores |
| 8. | Health Services |
| 9. | Indoor Participant Recreation Services |
| 10. | Live Work Unit |
| 11. | Major Home Based Business |
| 12. | Minor Home Based Business |
| 13. | Media Studios |
| 14. | Multi-unit Housing |
| 15. | Vehicle Parking |
| 16. | Personal Service Shops |
| 17. | Private Education Services |
| 18. | Professional, Financial and Office Support Services |
| 19. | Residential Sales Centre |
| 20. | Restaurants |
| 21. | Specialty Food Services |
| 22. | Special Event |
| 23. | Supportive Housing |
| 24. | Urban Gardens |
| 25. | Fascia On-premises Signs |
| 26. | Projecting On-premises Signs |
| 27. | Temporary On-premises Signs |
| 1. | The maximum gross Floor Area for each non-Residential and non-Residential-Related Use shall be 250 m2. | |
| 2. | Non-Residential and non-Residential-Related Uses shall be limited to the ground level Storey of the development. | |
| 3. | Each Bar and Neighbourhood Pub and Restaurant Use shall be limited to 200 m2 of Public Space excluding exterior patio/deck space. | |
| 4. | Breweries, Wineries and Distilleries shall only be developed in conjunction with a Restaurant or Bar and Neighbourhood Pub Use. | |
| 5. | Live Work Units shall be limited to ground-oriented Dwellings. | |
| 6. | Personal Services Shops shall not be developed as Body Rub Centres. | |
| 7. | Residential Sales Centres shall be limited to the sale or leasing of the on-Site condominium or rental Dwellings. | |
| 8. | Signs: | |
| a. | Signs shall comply with Schedule 59E of the Zoning Bylaw. | |
| b. | 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 changeable Copy. | |
| 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. | |
| 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 71.0 m. | |
| 3. | The Height of the podium shall be a minimum of 4.0 m and a maximum of 12.0 m. | |
| 4. | The maximum Floor Area Ratio shall be 8.4. | |
| 5. | The maximum number of Dwellings shall be 190. | |
| 6. | The maximum Floor Plate for the Tower shall be 700.0 m2. | |
| 7. | The maximum length of any Tower Facade shall be 32.0 m. | |
| 8. | The minimum Setbacks for the building at ground level shall be: | |
| a. | 2.7 m from the north Lot line; | |
| b. | 1.2 m from the south Lot line except the south setback shall be a minimum of 2.5 m for a minimum distance of 8.0 metres from the west Lot line; | |
| c. | 1.2 m from the west Lot line; and | |
| d. | 3.0 m from the east Lot line. | |
| 9. | The portions of the Underground Parkade below ground level shall not be subject to required Setbacks and may extend to all Lot lines provided there is sufficient soil capacity to support any required Landscaping, to the satisfaction of the Development Officer. This may be achieved by, but is not limited to, the use of planters and other acceptable green roof technologies. | |
| 10. | The podium shall have a 3.0 m Stepback above the first Storey along the east Lot line for the portion of the building from a maximum distance of 7.0 m from the north and a maximum distance of 13.0 m from the south Lot Lines. | |
| 11. | The minimum Tower Setbacks shall be: | |
| a. | 11.0 m from the north Lot line; | |
| b. | 6.0 m from the south Lot line; | |
| c. | 4.0 m from the west Lot line; and | |
| d. | 7.5 m from the east Lot line. | |
| 1. | General: | |
| a. | All building Facades shall have consistent and harmonious exterior finishing materials. | |
| b. | The development shall incorporate design elements to reduce the perceived mass and add architectural interest, including articulation of the Façades, using a defined pattern of projections and/or recessions and a variety of exterior building cladding materials and colours. | |
| c. | The building shall be finished with high quality, durable materials. Vinyl siding and/or knockdown stucco are prohibited. The development shall maximize the use of exterior masonry cladding, exterior insulation finish system (EIFS), glazing, and pre-finished metal cladding and screening. The contextual fit, design, proportion, quality, texture and application of various finishing materials shall be to the satisfaction of the Development Officer. | |
| d. | Entrances for non-Residential Uses shall be clearly differentiated from entrances to Residential Uses through distinct architectural treatment to the satisfaction of the Development Officer. | |
| e. | The development shall incorporate a prominent front entrance for Residential Uses facing 121 Street NW through distinct architectural treatment to the satisfaction of the Development Officer. | |
| f. | A weather protection element in the form of a canopy or other architectural element above the main Residential entrance facing at 121 Street NW shall be allowed to project a maximum of 1.8 m over the west Lot line to create a comfortable environment for pedestrians. | |
| g. | Platform Structures in the form of balconies shall be allowed to project a maximum of 1.8 m into the north, west, and south Tower Setbacks. | |
| h. | Platform Structures in the form of balconies along the centre of the east Tower Façade shall be allowed to project a maximum of 1.5 m into the east Tower Setback. | |
| i. | Ground level Non-Residential Uses shall provide a minimum of 60% of the building Façade as transparent, nonreflective, untinted, and unobscured glazing that allows viewing in and out of the Use to the satisfaction of the Development Officer. The bottom of the glazing shall not be higher than 0.5 m above Grade and the top of the glazing shall not be lower than 2.5 m above Grade. Linear Frontage shall be measured as the horizontal plane at 1.5 m above Grade. | |
| j. | A maximum of 10% of the first Storey glazing may be covered by Signs. The remainder of the glazing shall remain free from obstruction. | |
| k. | All mechanical equipment, including roof mechanical units, and surface-level venting systems 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 amenities, or pedestrian circulation areas. | |
| l. | Waste collection, storage areas, and loading shall be located within the building, accessed from the rear, and screened from view from the abutting Lane and shall be designed to the satisfaction of the Development Officer in consultation with Waste Management Services, Subdivision and Development Coordination (Transportation) and City Operations. | |
| 2. | Podium: | |
| a. | The podium shall be developed to provide a human-scaled building edge through variation in Setbacks, building articulation, or through the architectural treatment of the Façades. | |
| b. | The exterior of the podium Façade shall be finished with clear glazing and quality, durable materials that may include, but not be limited to, masonry, stone, brick and pre-finished metal. | |
| c. | The ground elevation shall not exceed the elevation of the abutting public sidewalk by more than 0.6 m. | |
| d. | A minimum of 7 Dwellings shall be developed as ground-oriented fronting onto 102 Avenue NW and the east-west Lane, in accordance with the following: | |
| e. | Dwellings shall take the appearance of row housing and shall be articulated as individual units with individual direct entrances and windows fronting onto adjacent roadways and include such features as staircases, stoops, semi-private outdoor areas, or landscaped yards. Sliding patio doors shall not serve as these entrances. | |
| f. | There shall be 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. | |
| g. | The building Façades fronting 102 Avenue NW shall incorporate architectural design details or features that are complementary to the pedestrian-oriented residential character of 102 Avenue NW such as entry transitions, masonry cladding and clear glazing. | |
| h. | Above 4.0 m in Height on the southwest corner of the podium a weather protection element in the form of a canopy or other architectural element shall be allowed to project to the south and west Lot lines. | |
| i. | Masonry shall be used as the predominant exterior cladding material on the first and second Storeys of ground-oriented Dwellings fronting onto 102 Avenue NW. | |
| j. | The podium Façade fronting 102 Avenue NW shall be differentiated from the 121 Street NW Facade through distinct architectural features such as Façade articulation, variation of materials, lighting and Landscaping, and shall reflect the prominence of 102 Avenue NW as a neighbourhood street (Bicycle Lane). | |
| k. | A privacy screen feature shall be provided on the second level of the podium along the east 3.0 m Setback to minimize overlook to the property to the east. | |
| 3. | Tower: | |
| a. | The Tower shall be differentiated from the podium but shall reinforce the design details, materials, and architectural expression. | |
| b. | The Tower shall provide articulation and visual interest through the variation of placement and physical breaks of Platform Structures to create vertical architectural features. | |
| c. | The top of the Tower shall be consistent in concept, detail, and material with the Tower and shall contribute to the “signature” of the building and the City’s skyline through treatment of the Rooftop Amenity Area and the mechanical penthouse and shall provide articulation, visual interest and reduced massing effects by a combination of the sculpting of the building, variation of material, colour or other design methods. | |
| 1. | Vehicular access and egress shall be from the abutting east-west Lane. | |
| 2. | All vehicular parking shall be provided in an Underground Parkade. | |
| 3. | Adequate sight lines shall be maintained for vehicles entering and exiting the Underground Parkade, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). | |
| 4. | Entrances to the Underground Parkade shall minimize the physical and visual impact of the entrances and doors to the abutting Lane, or other adjacent publicly-accessible areas, to the satisfaction of the Development Officer. | |
| 5. | Vehicular parking shall be provided as per the Zoning Bylaw, except that: | |
| a. | a maximum of 124 on-site vehicular parking spaces shall be provided; and | |
| b. | the vertical clearance of standard vehicular parking spaces and Barrier Free spaces shall be a minimum of 2.0 m. | |
| 6. | Bicycle Parking shall be provided as per the Zoning Bylaw, except that: | |
| a. | Bicycle Parking facilities shall be provided in a safe and secure location in the Underground Parkade or 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 | |
| b. | A minimum of 10 Bicycle Parking spaces shall be provided outside at ground level adjacent to 121 Street NW and/or 102 Avenue NW. | |
| 7. | A bicycle washing and/or repair facility shall be provided either at ground level on-Site, within the Underground Parkade, or secure bicycle storage rooms for use by the residents and/or tenants of the building. | |
| 8. | One off-street vehicular loading space at a minimum of 4.0 m in width and 9.0 m in length shall be provided and accessed from the east-west Lane abutting the Site. The Development Officer may vary the dimensions of the loading space by a maximum of 20% in consultation with Subdivision and Development Coordination (Transportation). | |
| 1. | Landscaping: | |||
| a. | Landscaping shall be in general conformance with the Appendices of this Provision. | |||
| b. | 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 and off-Site streetscape improvements within the road right-of-way shall be submitted as part of a Development Permit application for review and approval by the Development Officer. | |||
| c. | The following shall apply and be shown on the required Landscape Plan: | |||
| i. | Landscaping shall use plant materials that provide colour throughout the year to enhance appearance during winter months; | |||
| ii. | Landscaping Plans shall incorporate native and/or drought-tolerant species into the Landscaping design; | |||
| iii. | Setbacks from the north and south shall provide entry transitions including features such as steps, gates, hedges, low walls, for Dwellings fronting 102 Avenue NW and the east-west Lane; | |||
| iv. | Setbacks from the north shall provide a 1.5 m wide concrete walkway adjacent to Ground-oriented Dwellings fronting the Lane; | |||
| v. | At ground level, the west Setback shall be Hardsurfaced and visually incorporated into the streetscape of 102 Avenue NW and 121 Street NW by providing paving materials, shrub beds, and planters to accommodate street related activities, architectural features and Landscaping that contributes to a high quality pedestrian-oriented public realm; | |||
| vi. | At ground level, where Setbacks are provided in front of active Commercial Uses fronting onto public roadways, there shall be an enhanced pedestrian experience and a public realm that seamlessly transitions from public to private property through the use of landscaping and paving materials with a finish and pattern that complement and provide a seamless transition with the adjacent streetscape; | |||
| vii. | Ground-oriented Dwellings fronting 102 Avenue NW shall have an outdoor landscaped area in front of each Dwelling’s private Amenity Area that shall be provided in a manner that establishes a transition area between the Amenity Area and the adjacent public roadway (excluding the Lane) using landscape features such as decorative fencing, change in Grade, shrub beds or rock gardens; | |||
| viii. | enhanced tree and shrub planting within the east Setback shall be provided as privacy screening between the east Façade of the development and the abutting Site; | |||
| ix. | a 1.83 m decorative screen fence shall be provided along the entire length; of the east Lot line except within 1.5 m of 102 Avenue NW; and | |||
| x. | Notwithstanding Landscaping regulations of the Zoning Bylaw, the development shall have a minimum of 5 trees, 44 shrubs, 32 perennials in total as follows: | |||
| A. | 36 shrubs and 29 perennials on the west Setback; and | |||
| B. | 5 trees, 8 shrubs, 3 perennials on the east Setback. | |||
| 2. | Lighting: | |||
| a. | 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, rooftops, 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. | |||
| b. | 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. | |||
| 3. | Amenity Areas: | |||
| a. | For Residential Uses, a minimum Amenity Area of 12 m2 per Dwelling of gross Floor Area shall be provided through the following: | |||
| i. | Communal space that may include, but is not limited to, change room facilities, shared work/study area, entertainment rooms, amenity lounges, communal kitchen, dog run facilities, and fitness facilities; | |||
| ii. | Outdoor Amenity Area for use by residents on the Rooftop Terraces of the podium and the Tower; and | |||
| iii. | Platform Structures in the form of balconies with a minimum depth of 1.5 m. | |||
| b. | The north, south, and west side of the rooftop of the third Storey of the podium shall provide enhancements to improve rooftop aesthetics. These enhancements may include, but are not limited to, surface materials, landscape features, screening elements and improved rooftop materials. | |||
| c. | The rooftop of the Tower may be used to provide Common Amenity Areas. | |||
| d. | A minimum of 50 m2 of common Amenity Area specifically designed for children shall be provided in or on the podium or the Rooftop Terrace of the Tower. | |||
| 1. | A Wind Impact Assessment in the form of a Quantitative Wind Impact Study (Wind Tunnel Study) shall be prepared by a qualified, registered Professional Engineer and submitted with the Development Permit application for construction of the principal building. Prior to the issuance of the Development Permit, any mitigation measures to minimize adverse microclimatic effects, such as wind tunnelling, snow drifting and rain sheeting, recommended by the study shall be incorporated into the design of the building, to the satisfaction of the Development Officer, to ensure on and off-Site pedestrian circulation areas, Amenity Areas and open spaces are fit for the intended activities. | |
| 2. | 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 121 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. 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 as part of the redevelopment of the Site. The owner shall be responsible for the cost of removal as well as for compensating the City for the value of the tree being removed. If required by the Development Officer, each tree removed shall be replaced by a new tree within an enhanced growing medium 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 C456B. | |
| 3. | Site and building layouts shall include design elements that take the principles of Crime Prevention Through Environmental Design (CPTED) into consideration. These elements may include, but are not limited to, elements that allow for natural surveillance, increase sightlines and use; and high quality interior and exterior lighting. The physical layout and landscaping shall reduce the vulnerability of pedestrians by avoiding areas of concealment or entrapment such as long public corridor spaces, stairwells, or other movement predictors; avoiding landscaping hazards such as unpruned trees, rocks that can be thrown, or blind corners; and by locating parking areas close to building access points and using wayfinding mechanisms. The Development Officer may require a Crime Prevention Through Environmental Design assessment prepared by a qualified security consultant, or similar professional, and may apply conditions to the approval of the Development Permit based on the recommendations of the CPTED assessment to promote a safe physical environment. | |
| 4. | Notwithstanding the other Development Regulations of this Provision, the Appendices of the Provision, and Section 720.3(2) of the Zoning Bylaw, if the owner/developer does not obtain a Building Permit and commence construction of a principal building under a valid Development Permit with 10 years of the passage of the Bylaw adopting this Provision, development of the Site shall be in accordance with this Provision, except that: | |
| a. | the maximum Height shall be 23.0 m; and | |
| b. | the maximum Floor Area Ratio shall be 3.0. | |
| 1. | 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 off-Site improvements necessary to serve the development. The Agreement shall include an engineering drawing review and approval process. Improvements shall be constructed at the owner’s cost and shall be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), City Operations, Integrated Infrastructure Services, EPCOR Water Inc., Drainage, and others as required. Improvements to address in the Agreement shall include, but are not limited to: | ||
| a. | replacement of any street furniture including lamps, benches, bollards or planters, that are removed/damaged due to construction of the development; | ||
| b. | Upgrading lanes as follows and generally shown on Appendix VII to a commercial standard within the available right-of-way: | ||
| i. | the east-west Lane abutting the Site in its entirety from 121 Street NW to 120 street NW; and | ||
| ii. | a portion of the north-south Lane between 121 Street NW and 120 Street NW, between 102 Avenue NW and the upgraded east-west Lane on the north of the Site. | ||
| c. | construction of infrastructure improvements on the east-west Lane Abutting the Site and provision of a fire hydrant along 121 Street NW; | ||
| d. | The storm and sanitary drainage systems required to service the development, including on-site stormwater and wastewater management, shall be in general conformance with the Drainage Servicing Report or alternatives; | ||
| e. | Repair of any damage to the abutting roadways, sidewalks and boulevard, including Lanes not directly adjacent to the Site, caused by the construction of the development; and | ||
| f. | Landscaping that extends over City-owned lands shall be developed in accordance with Traffic bylaw 5590 and the City Design and Construction Standards. | ||
| 2. | A minimum of 7 Dwellings shall be designed with the following characteristics: | ||
| a. | the Dwelling shall have a minimum of three bedrooms; | ||
| b. | the Dwelling shall be located within the podium; | ||
| c. | the dwelling shall have dedicated and enhanced bulk storage located within the Dwelling or on the same Storey as the Dwelling, and have access to a dedicated and secured family bicycle parking room or cage which shall have racks or railings for a minimum of 2 bicycle parking spaces; and | ||
| d. | have access to a common Amenity Area specifically designed for children of at least 50.0 m2, or have access to a private Amenity Area of at least 12.0 m2. | ||
| 3. | Public Art | ||
| a. | Prior to the issuance of the Development Permit for construction of the principal building, the owner shall enter into an Agreement with the City of Edmonton whereby the owner shall provide a minimum contribution of $60,000 toward the acquisition of public art. The Public Art shall be | ||
| i. | Owned and maintained by the landowner or Condominium Association; | ||
| ii. | artwork shall 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; | ||
| iii. | 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; | ||
| iv. | artworks shall be commissioned or purchased by the owner and all costs and proceeds related to the procurement of the artworks, operation and future maintenance shall be the responsibility of the owner; | ||
| v. | 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; and | ||
| vi. | If a Development Permit application has not been made within five 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. | ||
| 4. | Bicycle Facilities | ||
| a. | A bicycle repair facility shall be located at ground level on-Site outside the building or off-Site on the adjacent public boulevard for public use, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), Right-of-Way and Parkland Management, Infrastructure Maintenance, and Infrastructure Operations. A Licence of Occupation and/or a Maintenance Agreement shall be required for any infrastructure installed on public Right-of-Way. A Public Access Easement may be required for infrastructure installed on-site. | ||
| 5. | Community Contribution | ||
| a. | Prior to the issuance of the Development Permit for construction or expansion of the principal building, the owner shall enter into an agreement between the City and the owner to contribute $108,000 to the creation of, or improvement to, an off-Site Public Amenity such as a new community league facility or parks, gardens or open spaces within the boundaries of the Oliver neighbourhood. The funds shall be submitted to the City prior to the issuance of the Development Permit and be disbursed by the City. More specific agreement details shall be determined at the Development Permit stage between the owner and the City, in consultation with the Oliver Community League. | ||
| i. | Notwithstanding the above, if a Development Permit application has not been made within five (5) years of the date of approval of the Charter Bylaw adopting this Provision, this contribution amount shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada. | ||