DC2 1214

Oliver - northeast corner of Jasper Avenue NW and 115 Street NW

Charter Bylaw 20111 (June 8, 2022)

To accommodate two residential towers with active podiums fronting onto Jasper Avenue, 115 Street NW, and the east-west lane which contribute to an inviting pedestrian oriented main street that transitions to the residential character of the Oliver neighbourhood to the north.

The provision shall apply to Lots 80-86, Block 14, Plan B3, located on the northeast corner of Jasper Avenue NW and 115 Street NW, as shown on Schedule “A” of the Charter Bylaw adopting this Provision, Oliver.

The Uses and Regulations as outlined in this provision shall apply to both Area “A” and Area “B”, as outlined in Appendix I, unless otherwise specified.

Area A

1. Child Care Services
2. Live Work Units
3. Lodging Houses
4. Major Home Based Business
5. Minor Home Based Business
6. Multi-unit Housing
7. Personal Service Shops
8. Professional, Financial and Office Support Services
9. Projecting On-premises Signs
10. Residential Sales Centre
11. Supportive Housing
12. Fascia On-premises Signs

 

Area B

1. Bars and Neighbourhood Pubs
2. Breweries, Wineries, and Distilleries
3. Business Support Services
4. Cannabis Retail Sales
5. Child Care Services
6. Convenience Retail Stores
7. Creation and Production Establishments
8. General Retail Stores
9. Health Services
10. Indoor Participant Recreation Services
11. Live Work Units
12. Lodging Houses
13. Liquor Stores
14. Minor Amusement Establishments
15. Major Home Based Business
16. Media Studios
17. Minor Home Based Business
18. Multi-unit Housing
19. Personal Service Shops
20. Private Education Services
21. Professional, Financial and Office Support Services
22. Public Education Services
23. Public Libraries, and Cultural Exhibits
24. Residential Sales Centre
25. Restaurants
26. Secondhand Stores
27. Specialty Food Services
28. Supportive Housing
29. Veterinary Services
30. Fascia On-premises Signs
31. Minor Digital On-premises Signs
1. In Area A, Residential Sales Centres shall be limited to the marketing of on- site dwellings.
2. In Area B, Commercial Uses shall be limited to the first storey of the podium.
3. In Area B, only one Bar and Neighbourhood Pub Use shall be permitted. The Bars and Neighbourhood Pubs Use shall be limited to a maximum of 300 m2 of Public Space, excluding exterior patio/deck space which can be to a maximum of 50% of the interior Public Space.
4. Personal Services Shops Use shall not include Body Rub Centres.
5. Signs in Area A shall comply with the regulations found in Schedule 59B of the Zoning Bylaw.
6. Signs in Area B shall comply with the regulations found in Schedule 59F of the Zoning Bylaw.
7. A Comprehensive Sign Design Plan and Schedule, consistent with the overall intent of subsection 59.3 of the Zoning Bylaw, shall be submitted with a Development Permit Application to the satisfaction of the Development Officer.
1. The Site shall be in general conformance with the attached Appendices to the satisfaction of the Development Officer.
2. The maximum number of Dwellings shall be 905.
3. The maximum Floor Area Ratio shall be as follows:
 
a. Area A: 12.0; and
b. Area B: 16.5
4. The maximum building Height shall be as follows:
 
a. Area A: 100.0 m; and
b. Area B: 180.0 m.
5. The Height of the podium shall be as follows:
 
a. Area A: a maximum of 15.0 m; and
b. Area B: a minimum of 6.5 m and a maximum of 27.0 m.
6. The minimum podium Setbacks in Area A shall be as follows:
 
a. 6.0 m from the north Lot line;
b. 3.0 m from the south Lot line;
c. 1.5 m from the east Lot line; and
d. 3.0 m from the west Lot line.
7. The minimum podium Setbacks in Area B shall be as follows:
 
a. 3.0 m from the north Lot line, except the setback shall be:
 
i. a minimum of 10.0 m from a minimum height of 9.5 m to a maximum height of 24.5 m; and
ii. a minimum of 8.0 m above a height of 24.5 m.
b. 4.0 m from the south Lot line, except the setback shall be:
 
i. a minimum of 6.0 m from a minimum height of 9.5 m to a maximum height of 24.5 m; and
ii. a minimum of 4.0 m above a height of 24.5 m.
c. 0.0 m from the east lot line, except the setback shall be:
 
i. a minimum of 12.5 m from a minimum height of 12.5 m to a maximum height of 24.5 m; and
ii. a minimum of 11.0 m above a height of 24.5 m.
d. 3.0 m from the west Lot line, except the setback shall be:
 
i. a minimum of 5.0 m from a minimum height of 9.5 m to a maximum height of 24.5 m; and
ii. a minimum of 3.0 m above a height of 24.5 m.
8. The portions of the Parking Garages 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. Notwithstanding 5.6.a, a vehicle access ramp, and any retaining walls or development required to support this access ramp, shall be permitted within the north setback up to a maximum of 20.0 m from the east Lot line in general accordance with the appendices of this provision.
10. The minimum Tower Setbacks shall be as follows:
 
a. Area A:
 
i. 12.5 m from the north Lot line;
ii. 7.5 m from the south Lot line;
iii. 7.0 m from the east Lot line; and
iv. 7.5 m from the west Lot line.
b. Area B:
 
i. 11.0 m from the north Lot line;
ii. 10.0 m from the south Lot line;
iii. 20.5 m from the east Lot line; and
iv. 10.5 m from the west Lot line.
11. Vertical architectural projections shall be permitted to project from the Tower Façade, as shown in the Appendices of this provision, to a maximum of:
 
a. Area A: 1.5 m and shall be a maximum width of 0.5 m in width; and
b. Area B: 1.5 m and shall be a maximum width of 0.5 m in width.
12. The minimum distance between Tower facades shall be 25.0 m.
13. The maximum Floor Plate of the Tower shall be as follows:
 
a. Area A: 800 m2;
b. Area B: 800 m2.
14. In Area B, weather protection in the form of a canopy or any other projecting architectural element shall be provided along Jasper Avenue and 115 Street to create a comfortable environment for pedestrians and shall project a maximum of 3.0 m from the podium facades.
15. In Area A balconies may project:
 
a. a maximum of 1.5 m from Podium Facades; and
b. a maximum of 2.5 m from Tower Facades.
16. In Area B balconies may project:
 
a. a maximum of 2.0 m from Podium Facades; and
b. a maximum of 2.5 m from Tower Facades.
1. Buildings shall be comprised of a podium and Tower configuration.
2. Uses at Grade fronting Jasper Avenue shall be non-residential in general accordance with the Appendices of this Provision.
3. All ground floor Commercial Uses shall have separate access at Grade from Residential and Residential-Related Uses.
4. The architectural treatment of the podium Facades containing non-Residential and non-Residential Related Uses shall strengthen the pedestrian-oriented experience by incorporating the following:
 
a. Building entrances, and windows shall be oriented to front a public roadway;
b. a ground storey that shall have a minimum height of 6.5 m;
c. the placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented street;
d. façades of the building at street level shall be designed to break the appearance into 11.0 m sections or less using a combination of recesses, projections, change in building materials, colours, and/or a physical breaks in building mass;
e. a maximum of 10% of the first Storey glazing covered by Signs. The remainder of the glazing shall remain free from obstruction; and
f. A minimum of 70% of the linear frontage consist of transparent and unobstructed 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 1.5 m above ground level.
5. All ground-oriented Dwellings and Live Work Units in Area A and Area B which face the east-west Lane shall:
 
a. provide an individual external entrance at Grade, oriented and clearly visible to be readable from, and lend a sense of occupancy to, the public roadway. Sliding doors shall not serve as entrances; and
b. have an elevation for the entrance that shall be a maximum of 1.0 m above or below the adjacent public roadway or Lane.
6. Buildings shall be designed to include the use of different architectural elements and treatments, articulated façades, materials, and colours to add variety, rhythm, break up the massing and provide a sense of human scale.
7. Podium Façades facing a public roadway, other than a Lane, shall be designed with detail and articulation to a maximum of 11.0 m intervals to create attractive streetscapes and interfaces, to the satisfaction of the Development Officer.
8. The podiums shall address Jasper Avenue, 115 Street and the east-west Lane through multiple entrances, transparent glazing, and distinctive architectural features consistent with the style of the building.
9. Exterior finishing materials must be durable, high quality and appropriate for the development within the context of the surrounding area. Vinyl siding and masonry stucco as a finishing material shall not be permitted.
10. Buildings in Area A and Area B shall be designed such that they are distinct from one another but reinforce the design details, materials, and architectural expression of one another.
11. Buildings shall be designed to include the use of different architectural elements and treatments, articulated façades, and materials, and colours to add variety, rhythm, break up the massing, and provide a sense of human scale.
12. The Tower tops shall contribute to the City’s skyline through treatment of the upper floors and roof. The Towers shall provide articulation and visual interest and reduce massing effects by combination of sculpting of the building, variation of material / colour, or other means to the satisfaction of the Development Officer. The Tower Floor Plate of the top 2 storeys of each Building shall be reduced a minimum 10% to create articulation, visual interest, and reduced massing effects.
13. In Area B, the façades of the Building at the street level shall be designed to break up the massing and give the appearance of section or modules through a combination of recesses, projections, change in building materials, colors, and/or a physical breaks in building to the satisfaction of the Development Officer.
14. Podium roofs shall provide enhancements to improve rooftop aesthetics to the satisfaction of the Development Officer. Enhancements may include, but are not limited to, patios, gardens, green roofs or additional Amenity Area.
15. In Area A, balconies shall be designed to provide visual interest through the use of elements such, as but not limited to, transparent glass panels, reflective opaque spandrel glass panels, metal panels, and louvers that would break up the patterning of window wall glazing and hide columns and other building elements at the façade at the discretion of the Development Officer.
16. In Area B, balconies on the Tower shall be designed to reflect an irregular sawtooth shape to provide visual interest in general accordance with the appendices of this provision. To reduce the visual impact of massing of the building, balconies on the podium shall maintain transparency through the provision of metal railings with tempered glass panels or other durable transparent materials at the discretion of the Development Officer.
17. Public facing art shall be located on the east podium Façade in Area B to add interest and contribute to the improvement of the pedestrian public realm, to the satisfaction of the Development Officer.
18. All mechanical equipment, including roof mechanical units, shall be concealed by screening in a manner compatible with the architectural character of the buildings, or concealed by incorporating it within the buildings. Ground level vents shall be oriented away from adjacent Sites or on-Site amenities or pedestrian circulation areas.
1. Vehicular access to each site shall be provided from an adjacent Lane but shall not be located within the east-west Lane for a minimum of 45.0 m from the west Lot line.
2. All vehicular parking shall be provided within underground Parking Garages except that a maximum of 6 surface visitor parking spaces may be located along the east Lot line of Area A in general accordance with the appendices of this provision.
3. Bicycle Parking shall be provided in accordance with the Zoning Bylaw, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), and the following:
 
a. Long term Bicycle Parking spaces 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 shall be provided as follows:
 
i. For Residential Uses at a minimum rate of 0.75 spaces per Dwelling;
ii. For all other Uses at a minimum rate of 1.0 space per 140 m2 of Floor Area B.
b. A minimum of 20 bicycle parking spaces shall be provided as short-term spaces for commercial uses and visitors at ground level in highly visible locations, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
4. In Area A and Area B a bicycle wash, maintenance, and repair station shall be required within each Underground Parkade.
5. All loading, waste collection and storage areas shall be accessed from an adjacent lane, in general conformance with the Appendices of this Provision. These areas shall be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and City Operations (Waste Management Services).
6. A minimum of one off-street loading space shall be provided in each of Area A and Area B and shall be accessed from the Lane in general accordance with the appendices of this Provision.
1. Landscaping shall be in general conformance with the Appendices of this Provision.
2. 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).
3. Setbacks in front of non-Residential and non-Residential Related Uses shall be Hardsurfaced and visually incorporated into the public Walkway designed to enhance and complement the streetscape established in the Imagine Jasper Avenue design plan.
4. Landscaping shall consider the use of plant materials that provide colour, texture, and visual interest throughout the year.
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 Jasper Avenue NW and 115 Street 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 total Amenity Area of 7.5 m2 per Dwelling shall be provided in accordance with Schedule 46 of the Zoning Bylaw.
7. 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. Night-time light pollution shall be reduced by avoiding over-illumination of the development with the use of low cut-off exterior lighting fixtures.
8. Exterior lighting associated with the development shall be designed to minimize impact on an adjacent property. A detailed exterior lighting plan shall be provided to the satisfaction of the Development Officer.
1. A Comprehensive Sign Design Plan shall be prepared for the development and submitted with the Development Permit application for construction of the principal buildings.
2. 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).
3. 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.
4. A Sun Shadow Study shall be prepared and submitted for review by the Development Officer 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.
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 at least one Area of the development within 7 years of the passage of the Bylaw adopting this Provision, development shall be in accordance with this Provision, except that:
 
a. Area A
 
i. the maximum Height shall be 60.0 m;
ii. the maximum Floor Area Ratio shall be 5.2; and
iii. the maximum number of Dwellings shall be 650 Dwellings per hectare.
b. Area B
 
i. the maximum Height shall be 36.6 m;
ii. the maximum Floor Area Ratio shall be 6.0; and
iii. the maximum number of Dwellings shall be 450 Dwellings per hectare.
1. A minimum of 22 Dwellings shall be designed with the following characteristics:
  a. the Dwelling shall have a minimum of three bedrooms;
  b. the Dwelling shall be located in the lower nine Storeys of the building;
  c. a minimum of 3 Dwellings shall located at the ground level facing 115 Street NW in Area A;
  d. a minimum of 6 Dwelling shall be located in Area A and a minimum of 11 shall be located in Area B;
  e. have direct access to Private Outdoor Amenity Area which can include balconies or patios; and
  f. be supported by a minimum of three of the following amenities located within the same building as the Dwelling is located within:
    i. access to common Amenity Area designed for children, of at least 90 m2;
    ii. have dedicated and enhanced bulk storage located within the Dwelling, or on the same Storey as the Dwelling;
    iii. dedicated and secured family bicycle parking or cage which shall have racks or railings for a minimum of three bicycles. This family bicycle parking room may be located within the Dwelling, on the same storey as the Dwelling, or within the Bicycle Storage Facility; and
    iv. a Private Outdoor Amenity Area a minimum of 10 m2.
2. 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 $461,174.40 as a community amenity contribution towards the upgrading of Kitchener park 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 Oliver Community League. 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.
3. A minimum 3.0 m wide pedestrian oriented publicly accessible private space shall be created within each building’s setback adjacent to the east-west Lane directly abutting Areas A and B. This space shall include, but not be limited to, the provision of sidewalks, street lighting, street furnishings, and soft landscaping on the north and south sides of the lane in general accordance with the Appendices of this Provision. Improvements shall be constructed at the owner’s cost, be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), Infrastructure Integrated Services, and City Operations.
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 and the owner to contribute $313,702.00 to the improvement of Jasper Avenue (Imagine Jasper Project). Notwithstanding this:
  a. If construction of Jasper Avenue streetscape improvements have been completed and/or funded at the time of a Development Permit application, all or a portion of the required $313,702.00 contribution will be utilized for the development of public amenities within the Oliver neighbourhood, at the discretion of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and the Oliver Community League; and
  b. 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.
5. As a condition of any Development Permit, the owner shall enter into an Agreement with the City of Edmonton for off-Site improvements to support and enhance the development and surrounding streetscape as generally shown on the Appendices of this Provision. The Agreement process shall include an engineering drawing review and approval process. Improvements shall be constructed at the owner’s cost, be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), Infrastructure Integrated Services, and City Operations and shall include, but may not be limited to, the following:
  a. Improvements to the public realm along 115 Street NW directly abutting Area A, and which may be staged with construction of Area B, in general accordance with the Imagine Jasper Avenue design. Improvements may include, but shall not be limited to provision of a new curb and gutter, sidewalk, street lighting, furniture, street trees, and soft landscaping;
  b. Resurfacing the north-south Lane between the east-west Lane and 102 Avenue 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.
  c. Upgrading the east-west Lane between 114 Street and 115 Street 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.
  d. Improvements to the east-west Lane directly abutting Area A and Area B shall integrate with the publicly accessible private space, as described in Section 10.3.
  e. Improvements to the 6.0 m carriage way of the east-west Lane directly abutting Areas A and B shall be included in general conformance with the Appendices of this Provision.  The exact material for the paving shall be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation);
  f. 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).
6. 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 Development Services (Drainage). Such improvements are to be constructed at the owner's cost.

 

Bylaw attachments