DC2 724

Downtown - located north of 98 Avenue NW and west of 104 Street NW

Bylaw 14984 (July 21, 2008)

To accommodate the development of high density residential housing with family oriented dwellings at street level and establish development regulations that will support the urban village concept of development fronting onto 104 Street, a pedestrian link to the river valley trails, the character envisioned for Heritage Trail, and also achieve compatibility with existing apartment development to the north, east and south.

Lot 95, Block 4, Plan 9321792, containing approximately 0.139 ha., located north of 98 Avenue and west of 104 Street, Downtown Edmonton, as shown on Schedule A of this Bylaw, adopting this Provision.

a. Apartment Housing
b. Minor Home Based Business
c. Residential Sales Centre
d. Freestanding On-premises Signs
e. Temporary On-premises Signs
f. Fascia On-premises Signs
a. Development shall be in accordance with Appendix I, Site Plan, Appendix II, Street Landscape Plan, Appendix III, Green Roof and Outdoor Amenity Plan, Appendix IV, Rear Lane, Appendix V, South Elevation, Appendix VI, North Elevation, Appendix VII, East Elevation, Appendix VIII, West Elevation, Appendix IX, South Podium Elevation, Appendix X, North Podium Elevation, Appendix XI, East Podium Elevation & Appendix XII, West Podium Elevation.
b. The maximum number of dwelling units shall be 114 units.
c. The maximum Height shall not exceed 26 storeys or 77.4 m, in accordance with Appendix V, South Elevation, Appendix VI, North Elevation, Appendix VII, East Elevation & Appendix VIII, West Elevation.
d. The maximum podium height shall be 6.0m.
e. The maximum tower floor plate sizes shall be 438.4m² (floors 2 - 20), 396.9m² (floors 21 - 22), 393.1m² (floors 23 - 24) and 343.4m² (floors 25 - 26).
f. The maximum Floor Area Ratio shall be 8.74.
g. The development shall provide a minimum yard of:
 
i. 1.346m on the north;
ii. 3.048m on the east;
iii. 3.048m on the south; and
iv. 7.498m on the west.
h. Sign types permitted by this provision may be allowed in accordance with Schedule 59B and in accordance with the General Provisions of Section 59 of the Zoning Bylaw.
i. The applicant shall submit a comprehensive sign design plan upon submission of a Development Permit application pursuant to Section 59.3 of the Zoning Bylaw.
j. The owner shall enter into an Encroachment Agreement for any portions of the development that are to be located on road right-of-way, including but not limited to the following: steps, porches, walkways, planters, fencing, footings and any shoring to remain under road right-of-way after construction is complete. These features must be to the satisfaction of the Transportation Department.
k. Prior to issuance of a building permit, the owner shall enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development. The Agreement process includes an engineering drawing review and approval process as well as an irrevocable Letter of Credit to cover 100% of construction costs. Improvements to be addressed in the Agreement include but are not limited to the following:
 
i. Planting of boulevard trees/landscaping in the boulevard along 98 Avenue;
ii. Repaving of the sidewalks along 98 Avenue and 104 Street adjacent to the subject property;
iii. Installation of decorative street lighting along 98 Avenue and 104 Street and removal of existing light standards;
iv. Removal of all existing accesses to 98 Avenue, construction of the curb & gutter and restoration of the boulevard to the satisfaction of the Transportation Department and Asset Management & Public Works;
v. Construction of the alley west of 104 Street, north of 98 Avenue to a commercial standard with a grade not more than 8%, including an alley access and a turn around designed to accommodate waste management vehicles as illustrated in Appendix IV, to the satisfaction of the Transportation Department and Asset Management & Public Works;
vi. Details of any structures, pavement treatment, street furniture and art to be located on road right-of-way must be included on the engineering drawings.
vii. Repair of any damage to the abutting roadways, sidewalks and/or boulevards resulting from construction of the development, to the satisfaction of the Transportation Department;
viii. The owner is responsible for the location of all underground and above ground utilities and maintaining required clearances as specified by the utility companies. Any costs associated with relocations and/or removals shall be at the expense of the owner; and
ix. All roadway modifications required to facilitate access.
l. Separation Space shall be provided in accordance with Section 48 of the Edmonton Zoning Bylaw.
m. Outdoor parking, loading, storage, and garbage collection areas shall be permitted within the Yard along the west property line which shall be developed as illustrated in Appendix I.
n. The garbage bin storage room must be located inside the principle building and shall be a minimum of 4.3 m in depth and 4.3 m in width to accommodate a minimum of three garbage bins.
o. Vehicular access to the site shall be provided off the west lane as illustrated in Appendix I.
p. A geotechnical survey, including a stability assessment to assess the impact this development and alley construction will have at this location, is required prior to the development permit being issued. The assessment must be reviewed by the Transportation Department. Any required stability measures must be undertaken prior to excavation or building permits being issued.
q. Prior to the issuance of a Development Permit, the applicant shall submit a site construction plan to minimize the noise and vibration impacts to adjacent properties. This plan shall be to the satisfaction of the Development Officer and the Transportation Department, and shall address items such as construction hours, duration and access routing for construction vehicles.
r. Vehicle and bicycle parking shall be provided in accordance with Section 54 of the Zoning Bylaw. All vehicular parking shall be located in the underground parkade, to the satisfaction of the Development Officer and the Transportation Department.
s. The owner shall register an easement on their property in favour of the City of Edmonton to provide an alley turnaround to accommodate the turning maneuvers of waste management vehicles, as illustrated on Appendix IV. The easement must be provided to the satisfaction of the Transportation Department and Asset Management & Public Works.
t. The garbage pick-up area must be designed to the satisfaction of Asset Management & Public Works and the Transportation Department. Grade details must be included in the engineering drawings for the alley construction.
u. The parkade ramp must be at grade at the property line and must not exceed a slope of 10.6% for a distance of 4.5 m inside the property line, or to the satisfaction of the Transportation Department.
v. The retaining walls at the sides of the parkade ramp must be constructed so as not to obstruct sight lines into the alley for vehicles exiting the ramp. Any retaining walls must not exceed a height of 0.3 m for a distance of 3 m from the property line and no portion of the wall may encroach onto road right-of-way. Should the owner/applicant wish to increase this height, adequate sight line data must be provided.
a. Development will include articulation in the building façades utilizing a two storey podium which incorporates four (4) ground floor residential dwelling units with direct grade access onto 104 Street.
b. The east and west façades of the tower shall be angled in such a way to maximize views from adjacent properties to the north as Illustrated in Appendix I, Site Plan.
c. The tower shall step back above the podium and includes further stepping back of the upper floors, to minimize the perception of building massing and add architectural interest.
d. All exterior finishing material must be of a high quality, durable, and attractive in appearance; and all exposed building faces shall have consistent and harmonious exterior finishing materials and textures, which may include:
 
i. elements of acrylic stucco;
ii. concrete block;
iii. pre-cast concrete pilasters; and
iv. transom panels reminiscent of wood on the podium and green flat metal enamel panels contrast with soft green glass, balcony railings and windows on the tower as illustrated in Appendix V, South Elevation, Appendix VI, North Elevation, Appendix VII, East Elevation, Appendix VIII, West Elevation, Appendix IX, South Podium Elevation, Appendix X, North Podium Elevation, Appendix XI, East Podium Elevation & Appendix XII, West Podium Elevation.
These materials shall enhance the overall aesthetic quality of the existing street level living environment.
e. To ensure a high standard of development, building design plans shall be submitted with the development permit application. Such plans shall be to the satisfaction of the Development Officer and include details of overall site layout, exterior building treatment and colour scheme, street level perimeter and podium rooftop landscaping, parking layout, and signage plans.
f. Building entrances shall feature designs that enhance their prominence, incorporate weather protection features, and provide lighting adequate to identify these areas at night.
g. Dwellings located on the first storey shall be accessed by individual entrances onto 104 Street. These dwellings shall feature hard and soft landscaping with features comprised of high quality concrete, brick, wood, metal and other sustainable materials to the satisfaction of the Development Officer.
h. A Crime Prevention Through Environmental Design (CPTED) Assessment shall be submitted and be reviewed and accepted by the Development Officer prior to the issuance of a Development Permit to ensure that development on the Site provides a safe urban environment in accordance with the guidelines and principles established in the Design Guide for a Safer City.
i. The transformer pad located adjacent to 98 Avenue as shown in Appendix II, Street Landscape Plan, shall be screened from view from 98 Avenue in an enclosure designed to screen the transformer from pedestrian and resident view. The enclosure shall be designed to integrate with the overall character of the development to the satisfaction of the Development Officer.
j. All mechanical equipment on the roof shall be completely screened within the building roof.
k. All exterior lighting of the site shall be designed to prevent light pollution by ensuring that lighting is directed away from the adjacent residential development and that illumination shall not extend beyond the boundaries of the site nor upwards into the sky except the lighting developed within the contoured roof on the top of the tower.
l. Street light standard 8630M, found in the City of Edmonton’s Design and Construction Standards, Volume 6, Street Lighting, shall be installed within the City’s boulevard along 98 Avenue and 104 Street. The number of light standards and placement of each light standard shall be to the satisfaction of the Development Officer in consultation with EPCOR. The applicant shall be responsible for all costs associated with acquisition and installation of the lighting as well as the removal of the existing light standards;
m. The roof of the tower shall be illuminated to emphasise the architectural treatment of the top of the tower at night.
n. Podium rooftop amenity space shall be accessible to all residents of the building;
a. Minor Home Based Businesses shall be developed in accordance with Section 74 of the Edmonton Zoning Bylaw.
b. Residential Sales Centres shall be developed in accordance with Section 82 of the Edmonton Zoning Bylaw.
a. Compensation for removal or damage to existing boulevard trees must be paid to the Community Services Department as per the City’s Tree Policy. An on-site meeting with a representative of the Forestry Section of the Community Services Department must occur before construction begins.
b. Landscaping shall be generally in accordance with the Appendix II, Street Landscape Plan.
c. Landscaping on the two-storey podium roof shall be generally in accordance with Appendix III, Green Roof and Outdoor Amenity Plan.
d. Landscaping shall not be required on the west property line of this development which lies adjacent to a public lane.
e. Detailed landscaping plans, including all existing and proposed utilities within the road right-of-way must be submitted with the Development Permit application for review and approval by the Planning and Development Department, Asset Management & Public Works and the Transportation Department.
f. Existing trees on the boulevard shall be retained in accordance with the section 55.4 of the Edmonton Zoning Bylaw 12800.
g. Boulevard trees shall be installed along 98 Avenue and 104 Street in accordance with Appendix II and to the satisfaction of Asset Management & Public Works and the Transportation Department.
a. Prior to the issuance of any development permit, the Development Officer shall ensure that a signed agreement has been executed between the City and the owner, requiring the owner to provide the City at the time of Development Permit approval, the option to purchase 5% of the proposed number of residential units at 85% of the list price or to provide the equivalent value as cash in lieu to the City, or as prescribed in any future Affordable Housing Policy initiative.
b. There shall be eight (8) dwellings developed as family-oriented dwellings, as defined in the Zoning Bylaw 12800, which will meet the following criteria:
 
i. The lowest Storey of the Dwelling is no higher than the third Storey of the building;
ii. The Dwelling has two bedrooms or more, and the average number of bedrooms per Dwelling is not less than 2.25 for all such Dwellings in a development;
iii. The Dwelling has individual and private access to grade, except that in the case of Apartment Housing, access to Dwellings above the first Storey may be shared, provided that entrances to not more than six Dwellings are located on any one Storey or landing; and
iv. The Dwelling has direct access to a Private Outdoor Amenity Area.
c. The following Sustainability Targets will be integrated into the building design to the satisfaction of the Development Officer:
 
i. The development will utilize collected rainwater from the rooftops to water the landscaping;
ii. Lighting in all residential common areas shall exceed the efficiency specified in the Model National Energy Code for Buildings by 10%; and
iii. The building shall achieve a target of 29 LEED points. Upon submission of a development permit application, the applicant must submit a detailed report that indicates how the 29 LEED points will be achieved and must be approved by the Development Officer in consultation with the Edmonton Design Committee.
d. Prior to the issuance of a development permit, the applicant shall contribute $100,000 to the City in trust for the commission of public art to be incorporated within the public spaces as identified on Appendix I, Site Plan and Appendix II, Landscape Plan. The funds shall be used for the design and construction of Public Art and the associated seating area located in the southeast corner of the site as indicated in Appendix I, Site Plan.
 
i. The artwork will be acquired through a juried art procurement process administered by the Edmonton Arts Council.
ii. The public art will be owned and maintained by the Condominium Association.

Bylaw attachments