DC2 1230

McKernan - north and south of 78 Avenue NW, west of 114 Street NW

Charter Bylaw 20247 (December 6, 2022)

To accommodate a medium-rise, high density residential transit oriented development, with ground-oriented residential and limited commercial units fronting onto the 114 Street NW shared-use path that is compatible with adjacent land uses and supports a pedestrian friendly streetscape.

This Provision shall apply to Lots F and G, Block 3, Plan 244HW, and Lots 30 and 31, Block 2, Plan 2064S, located north and south of 78 Avenue NW, west of 114 Street NW as shown in Schedule “A” of the Charter Bylaw adopting this Provision, McKernan.

1. Convenience Retail Stores
2. General Retail Stores
3. Live Work Unit
4. Major Home Based Business
5. Minor Home Based Business
6. Multi-unit Housing
7. Personal Service Shops
8. Residential Sales Centre
9. Restaurants
10. Specialty Food Services
11. Supportive Housing
12. Fascia On-premises Signs
13. Projecting On-premises Signs
14. Temporary On-premises Signs
1. The maximum gross Floor Area for each non-Residential Use shall be 100 m2.
2. Non-Residential and non-Residential-Related Uses shall be limited to the ground level Storey of the development and in general conformance with Appendix 4.
3. Live Work Units shall be limited to the ground-oriented Dwellings.
4. Personal Service Shops shall not be developed as Body Rub Centres.
5. Minor Home Based Businesses and Major Home Based Businesses shall not be developed as short-term residential rental accommodations. For the purposes of this section, short-term residential rental accommodations shall mean a Dwelling where temporary sleeping accommodations are provided for remuneration to members of the public for periods of time not exceeding 30 days.
6. Residential Sales Centres shall be limited to the sale or leasing of on-site condominium or rental Dwellings.
7. Restaurants and Specialty Food Services shall be limited to 95 m2 of Public Space excluding exterior patio/deck spaces. Exterior patio/deck spaces shall be limited to 40 m2 of Public Space.
8. Signs:
 
a. Shall comply with Schedule 59B 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 architecture and finish of the development, and with the design, location and appearance of other Signs of the development.
1. The development shall be in general conformance with the attached Appendices.
2. The maximum Height shall be 23.0 m.
  a.A weather protection element in the form of a canopy, overhang, or another architectural element above elevator and roof stairways entrances on the Rooftop amenity area as shown in Appendices 5 shall not be considered for the purpose of Height determination.
3. The maximum Floor Area Ratio shall be 4.0.
  a. A maximum of 600 m2 of Basement area used for residential development shall not be included in the total Floor Area for the calculation of Floor Area Ratio.
4. The maximum number of Dwellings shall be 142 and a maximum of 71 Dwellings per building.
5. A minimum of 25% of the Dwellings per building shall have two or more bedrooms.
6. The minimum Setbacks for the north building shall be:
  a. 1.5 m from the north Lot line except that a minimum 5.5 m Setback shall be provided above 14.5 m in Height.
  b. 1.2 m from the south Lot line except that:
    i. a minimum 2.7 m Setback shall be provided above 14.5 m in Height;
    ii. a minimum 3.7 m Setback shall be provided above 17.5 m in Height; and
    iii. the south Setback shall be increased to 3.0 m for the portion of the building extending up to 16.5 m east of the west lot line extending along the south lot line, for that portion of building between Grade and 8.0 m in height wrapping the corner of the building.
  c. 7.5 m from the west Lot line except that:
    i. the minimum Setback may be reduced to no less than 5.5 m between 4.2 m and 14.5 m in Height;
    ii. a minimum 8.5 m Setback shall be provided above 14.5 m in Height; and
    iii. a minimum 9.5 m Setback shall be provided above 17.5 m in Height.
  d. 2.0 m from the east Lot line except that:
    i. the minimum Setback may be reduced to no less than 1.0 m between 4.2 m and 14.5 m in Height; and
    ii. a minimum 2.7 m Setback shall be provided above 14.5 m in Height.
7. The minimum Setbacks for the south building shall be:
  a. 1.5 m from the south Lot line except that a minimum 5.5 m Setback shall be provided above 14.5 m in Height.
  b. 1.2 m from the north Lot line except that:
    i. a minimum 2.7 m Setback shall be provided above 14.5 m in Height;
    ii. a minimum 3.7 m Setback shall be provided above 17.5 m in Height; and
    iii. the north Setback shall be increased to 3.0 m for the portion of the building extending up to 16.5 m east of the west lot line extending along the north lot line, for that portion of building between Grade and  8.0 m in height wrapping the corner of the building.
  c. 7.5 m from the west Lot line except that:
    i. the minimum Setback may be reduced to no less than 5.5 m between 4.2 m and 14.5 m in Height;
    ii. a minimum 8.5 m Setback shall be provided above 14.5 m in Height; and
    iii. a minimum 9.5 m Setback shall be provided above 17.5 m in Height.
  d. 2.0 m from the east Lot line except that:
    i. the minimum Setback may be reduced to no less than 1.0 m between 4.2 m and 14.5 m in Height; and
    ii. a minimum 2.7 m Setback shall be provided above 14.5 m in Height.
8. The following features may project into a required Setback as follows:
  a. Platform Structures in the form of balconies shall be allowed to project a maximum of 1.5 m into the west Setback and 1.0 m into the east Setback.
  b. Ground level patios shall be allowed to project to the abutting property lines as shown in Appendix 1.
1. All building Façades shall have consistent and harmonious exterior finishing materials.
2. The building shall be finished with high quality, durable materials such as masonry and/ or cementitious cladding, glazing, architectural composite panels, and pre-finished metal cladding. The contextual fit, design, proportion, quality, texture, and application of various finishing materials shall be in general conformance with Appendices 4 and 5.
3. The building Façades shall be designed to break their appearance between the first (ground level) and the second Storey using a combination of projections, changes in building materials, colours and/or physical breaks in building mass as generally shown in the Appendices of this Provision.
4. Building Facade features such as, but not limited to transparency or decorative windows and entrances shall be provided to complement an interesting pedestrian building frontage.
5. A minimum of 4 (four) Dwellings per building shall be developed as ground-oriented fronting onto 78 Avenue NW or 114 Street NW rights-of-way, in accordance with the following:
 
a. Dwellings shall be articulated as individual units with individual direct entrances and windows fronting onto adjacent rights-of-way and include such features as staircases, stoops, or landscaped yards. Sliding patio doors shall not serve as these entrances.
b. There shall be a transition area between the Dwelling and publicly accessible land using landscaping features such as a change in grade, shrub beds, planters, rock gardens and/or other built elements.
6. Any portion of the building exceeding a Height of 14.5 m 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.
7. The development shall have regard for the interface with existing residential developments immediately adjacent to the site. Notwithstanding Section 49 of the Zoning Bylaw, the contextual fit and application of various finishing materials to provide privacy screening such as glazing, architecture features, planters, artificial landscaping or landscaping features shall be provided within the privacy screening areas identified in Appendix 5.
8. The main residential entrance on the west frontage, and at least one entrance of the commercial use on the north building shall be designed for universal accessibility. Level changes from sidewalks or road rights-of-way to entrances of the building shall be minimized. Streetscape furniture and other elements shall be located out of the travel path to ensure they are not obstacles to building access.
9. Entrances for non-Residential Uses shall be differentiated from entrances to Residential and Residential-Related Uses through distinct architectural treatment.
10. Each building shall incorporate a prominent front entrance for Residential and Residential-Related Uses with architectural features wrapping the corner of 78 Avenue NW and the abutting north-south lane.
11. A weather protection element in the form of a canopy, overhang, or another architectural element shall be provided above the main residential entrance on the west frontage of each building, for all ground-oriented dwellings and at least one entrance of the commercial use on the north building to create a comfortable environment for pedestrians.
12. 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.
1. Vehicular access and egress including drive aisles, shall be from the abutting 6.0 m wide north-south Lane in general accordance with Appendix 1.
2. A minimum of one (1) vehicular parking space per building shall be used to accommodate vehicles from a car share program. The car share program may be operated by the owner or a third-party vendor. Should this program be proven not to be implementable, the spaces may be used for visitor parking.
3. The Surface Parking Lot shall incorporate landscape features to minimize the visual impact on existing developments immediately to the west.
4. Unless otherwise stated in this Direct Control Provision, Bicycle Parking shall be provided in accordance with Section 54 of the Zoning Bylaw, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), and the following:
 
a. Bicycle Parking shall be provided at a minimum rate of 0.75 spaces per Dwelling;
b. a maximum of 16 Bicycle Parking spaces shall be short-term spaces, and shall be conveniently located near entrances, the shared use path, or within the public realm space between the two buildings; and
c. a minimum of 8 Bicycle Parking spaces shall be provided for cargo bikes. The minimum size of the cargo bike parking space shall be 2.6 m long by 0.9 m wide, with a 3.0 m aisle.
5. The waste and recycling storage area shall be located within the buildings and shall be designed to provide screening from the developments to the west to the satisfaction of the Development Officer in consultation with Waste Management Services, Subdivision and Development Coordination (Transportation) and City Operations. The waste collection areas shall be located within the Site adjacent to the north-south Lane abutting the development in general conformance with Appendix 1.
6. Signage delineating no vehicular parking or loading shall be installed adjacent to the waste and garbage pickup areas to the satisfaction Waste Management Services.
1. Landscaping shall be in general conformance with Appendix 6.
2. Notwithstanding Landscaping regulations of the Zoning Bylaw, the development shall have a minimum of 20 trees, 63 shrubs, 18 perennials in total as follows:
 
a. For the north building:
 
i. 4 Trees and 4 shrubs on the north Setback
ii. 10 perennials on the south Setback;
iii. 2 Trees and 8 shrubs on the west Setback; and
iv. 4 Trees and 20 shrubs on the east Setback.
b. For the south building:
 
i. 4 Trees and 4 shrubs on the north Setback;
ii. 8 perennials on the south Setback;
iii. 2 Trees and 10 shrubs on the west Setback; and
iv. 4 Trees and 17 shrubs on the east Setback.
2. Notwithstanding Landscaping regulations of the Zoning Bylaw, the development shall have a minimum of 20 trees, 63 shrubs, 18 perennials in total as follows:
3. 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.
4. The following shall apply and be shown on the required Landscape Plan:
 
a. landscaping shall use plant materials that provide colour throughout the year to enhance appearance during winter months and shall incorporate native and/or drought-tolerant species;
b. landscaping islands adjacent to parking shall include plant material well-suited to survive in a high vehicular traffic environment;
c. all pedestrian pathways shall be hard-surfaced and shall use decorative concrete throughout to ensure a cohesive design; and
d. Pathways from ground-oriented units shall connect to the sidewalks and/or shared-use path within the 114 Street NW right-of-way.
5. In addition to the requirements in the Zoning Bylaw, the Landscaping Plan shall demonstrate at ground level:
 
a. within Setbacks fronting onto 78 Avenue NW right-of-way, there shall be an enhanced pedestrian experience and a public realm through the use of landscaping and paving materials with a finish and pattern that complement and provide a seamless transition with the adjacent streetscape, and
b. within Setbacks fronting onto 114 Street right-of-way, a transition area with clear separation from the shared-use path shall be provided from public to private property using landscape features such as a change in grade, shrub beds, planters, rock gardens and/or other built elements.
6. The Landscape Plan must indicate coordination between on-site and off-site landscape on 78 Avenue NW and 114 Street NW rights-of-way abutting the development Site and shall ensure that the design of the pedestrian environment is safe and visually attractive through the provision of:
 
a. Wind control features and diversity of amenities for public use such as, but not limited to seating areas, street furniture, and landscaping to create an inviting area adjacent to the development.
b. Pedestrian pathways to building entrances, amenities and transit shall be convenient, safe, and well lit, with decorative paving or landscaping to define the connections where practical.
7. A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided through the following features in each building:
 
a. a minimum of 80 m2 shall be provided as Common Indoor Amenity Area and may include, but is not limited to, change room facilities, bicycle repair area, and fitness facilities;
b. a minimum of 320 m2 on the Rooftop shall be provided as Common Amenity Area;
c. A minimum of 50 m2 shall be provided as Common Amenity Area specifically designed for children; and
d. Platform Structures in the form of balconies with a minimum depth of 1.5 m.
8. The Rooftop Amenity Area shall be screened with landscape features and/or architecture features from existing developments immediately to the west and north and south of the buildings to maintain their privacy.
9. 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, accentuate architectural elements, and provide additional lighting for 78 Avenue NW, 114 Street NW rights-of-way, and the north-south Lanes abutting the development.
10. Exterior lighting associated with the development shall be designed such that it has no negative impact on adjacent properties.
11. 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.
1. 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 to provide subsidized transit passes to building occupants to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and Planning Coordination (Transit).
  a. Transit passes shall be provided to each occupied Dwelling at a subsidized rate of 50% of the purchase price. Studio and 1-bedroom units will be able to claim a single monthly transit pass while 2 and 3-bedroom units will be entitled to two transit pass subsidizations.
  b. The subsidized transit pass program shall operate for a minimum of ten (10) uninterrupted years, beginning on the date that the Occupancy Certificate for a principal building is issued by the City of Edmonton.
2. Should the development be staged, with each subsequent Development Permit application after the issuance of the first Development Permit for the construction of a principal building, the applicant shall provide data, to the satisfaction of the Development Officer in consultation with Planning Coordination (Transportation), on the utilization of implemented transportation demand management strategies, including but not limited to:
  a. On-site car share program, including parking spaces;
  b. End-of-trip facilities such as secure Bicycle Parking and maintenance facility; and
  c. Subsidized transit passes.
3. As a condition of the development permit for construction of a principal building, the applicant/owner shall:
  a. Provide information on the construction methodology and identify potential impacts to the LRT right-of-way, to the satisfaction of the Development Officer in consultation with Planning Coordination (Transit) identifying the depth and location of any proposed excavation associated with the development and where applicable, enter into an agreement with the City to evaluate and monitor any impacts to LRT infrastructure;
  b. Avoid construction cranes over the LRT right-of-way unless permitted under a crane agreement in consultation with Edmonton Transit Service to ensure minimal disruption to transit operations; and
  c. Ensure there are no water damage impacts to adjacent shared-use path, LRT right-of-way and catch basins during construction.
4. 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 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.
5. A Wind Impact Assessment in the form of either a Qualitative (Computational Fluid dynamics or CFD Study) or 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 public open spaces are fit for the intended activities.
6. Built form, public realm interfaces, streetscape elements and pedestrian connections shall consider the City of Edmonton’s Winter Design Guidelines in their design and implementation. A report outlining how the development responds to these guidelines shall be submitted with the Development Permit for the principal building to the satisfaction of the Development Officer.
7. 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 78 Avenue NW and 114 Street NW right-of-way abutting the shared-use path. 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 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 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 C456C.
8. Notwithstanding the other Development Regulations and Appendices of this Provision and Section 720.3(2) of the Zoning Bylaw, if 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 16.5 m; and
  b. the maximum Floor Area Ratio shall be 2.3.
1. As a condition of the 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. 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 Services, Drainage, and others as required. Improvements to address in the Agreement shall include, but are not limited to:
  a. The storm and sanitary drainage systems required to service the development, including on-site stormwater management and Low Impact Development, 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.
  b. fire hydrants will be provided to the satisfaction of the Development Officer in consultation with EPCOR Water Services. The owner shall submit documentation that demonstrates, to the satisfaction of the Development Officer in consultation with Fire Rescue Services and EPCOR Water Services, that the fire flows and water services to the Site will be adequate for the proposed building and construction type and be in accordance with the City of Edmonton Design and Construction Standards. The Development Officer shall verify that any infrastructure upgrades or systems required to ensure these standards are met shall be implemented in the design of the building and/or through off-site improvements;
  c. upgrading the portion of the east-west Lanes abutting the Site to a commercial alley standard within the available right-of-way;
  d. the repair of any damage to the abutting roadways, sidewalks and/or boulevards including abutting the shared-used path and LRT right-of-way resulting from the construction of the development, replacement of any street furniture including lamps, benches, bollards or planters, that are removed/damaged due to construction of the development;
  e. construction of a north-south Lane to the west of the Site to a commercial alley standard within the available right-of-way;
  f. construction of a public open space located in general conformance with Appendix 6 which shall:
    i. be constructed as a condition of the first Development Permit for new building construction, to the satisfaction of the Development Officer in consultation with Parkland Management (City Operations);
    ii. be a minimum total area of 540 m2;
    iii. be constructed to accommodate emergency vehicles including providing signage delineating no vehicular access except for emergency vehicles, to the satisfaction of Fire Rescue Services;
    iv. integrate the 114 Street and 78 Avenue pedestrian realms, including measures to prioritize and enhance the pedestrian experience, which may include the use of textured or coloured paving materials and the use of directional signage;
    v. have regard for Crime Prevention Through Environmental Design principles to provide safe and defensible space, clear sightlines into and through the site, adequate lighting, and provision of multiple access points; and
    vi. provide amenities for all seasons. This area may include features such as, but not limited to, hard and/or soft Landscaping, seating areas, Bicycle Parking and/or eScooter parking.
2. 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 to contribute funds in the amount of $100,000 to the McKernan Community League for an offsite amenity for enhancements to the ‘Charles Simmonds Park’ located at 7830 – 115 Street NW, legally described as Lot 44, Block 2, Plan 2831HW with specific details to be determined between the City of Edmonton and the McKernan Community League.
  a. 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 between the City and the McKernan Community League.
  b. If at the time of the agreement execution, enhancements to ‘Charles Simmonds Park’ have already been completed or are funded, the funds shall be used for an alternative off-site public amenity with specific details to be determined between the Owner and Open Space Strategy in consultation with the McKernan Community League.
  c. 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.
3. 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 License 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.
4. A minimum of four (4) Dwellings in each building, for a minimum total of eight (8) shall be designed with the following characteristics:
  a. have a minimum of three bedrooms;
  b. be distributed throughout the building on storeys 1 through 4;
  c. have dedicated and enhanced bulk storage located within the Dwelling or on the same Storey as the Dwelling;
  d. have access to a Common Amenity Area specifically designed for children of at least 50 m2; and
  e. have access to a dedicated and secured family bicycle parking room or cage which shall have racks or railings for a minimum of two (2) bicycle parking spaces per Dwelling. These spaces shall not be counted towards the requirement for all remaining Dwellings in the development to have access to 0.75 Bicycle Parking spaces per Dwelling. In addition, the Dwellings specified in this subsection shall be exempt from the 0.75 Bicycle Parking spaces per Dwelling calculation.

Bylaw attachments