DC2 728

To establish a Site Specific Development Control Provision to accommodate an 80 meter tall, 26 storey, residential apartment building within the Downtown Area Redevelopment Plan - McKay Avenue Area, Sub Area 1, that is compatible with the surrounding residential high-rise developments and the historic McKay Avenue School Site. The tower design will be such that impacts on adjacent sites are minimized through the use of detailed design and massing controls. Public realm improvements, street-oriented residential units, with direct access at grade, public art contributions, and additional on and off site landscaping will facilitate an increase in density and height at this location that will be compatible with the surrounding residential high-rise developments.

This DC2 Provision shall apply to Lots 31, 32, 33 and a portion Lot 34, Block 4, Plan NB; located east of 105 Street NW and north of 98 Avenue NW, Downtown, as shown on Schedule ”A” appended to the Bylaw adopting this Provision.

a.	Apartment housing
b.	Minor home based business
c.	Fascia on premises signs
d.	Freestanding on premises signs
e.	Residential Sales Centre

a.

Development shall be in accordance with Appendix 1A, Site Plan; Appendix 1B, Podium Setback Plan; Appendix 1C, Tower Setback Plan; Appendix 2A, West Elevation; Appendix 2B, North Elevation; Appendix 2C, East Elevation; Appendix 2D, South Elevation; Appendix 2E, West Podium Elevation; Appendix 2F, North Podium Elevation; Appendix 2G, East Podium Elevation; Appendix 2H, South Podium Elevation; Appendix 3 Alley Grade and Access Plan, and in general accordance with Appendix 4A, Landscape Plan; Appendix 4B, Roof Deck Landscape Plan, Appendix 4C; Landscape Elevation and Plant List.

b.

The maximum number of dwelling units shall be not more than 159 with a maximum density of not more than 757.14 dwellings per hectare.

c.

The maximum Floor Area Ratio shall be 10.4 of which no more than 8.4 shall be attributed to residential areas and up to 2.0 of which may be attributed to parking garage areas.

d.

The maximum building Height shall not exceed 80.00m, nor twenty six storeys and not exceed a geodetic elevation of 739.00 m.

i.	Floors 21 and 22 are identified in Appendix 2A, West Elevation; Appendix 2B, North Elevation; Appendix 2C, East Elevation; Appendix 2D, South Elevation as ’flex’ floors and may be substituted for typical floors to the satisfaction of the Development Officer.

e.

The maximum building Height of the podium, including cornice, shall not exceed 16.00m, nor five storeys.

f.

Minimum building setbacks shall be:

i.	3.0m front yard (98 Avenue) setback
ii.	0.0m rear yard (north) setback
iii.	3.0m side yard (105 Street) setback
iv.	5.0m side yard (alley) setback
vii.	Notwithstanding the above; wall projections and balconies (not to exceed 7.0m in length) may be allowed to project up to 0.6m into the required setback areas.
viii.	At-grade residential features such as steps, porches, walkways, planters and fencing may be located inside the required yards.

g.

A minimum Private Outdoor Amenity Area of 7.5m² per Dwelling shall be provided for all dwellings.

h.

A minimum Residential Amenity Space of 482 m² shall be provided. Amenity Space shall be permitted on floors one through twenty six of the building and shall include, but not be limited to a foyer, change room facilities, fitness rooms, residential meeting rooms with kitchenette and commonly-accessible roof deck landscape areas.

i.

Parking spaces for the development shall be in accordance with section 54 of the Zoning Bylaw, and to the satisfaction the Transportation Department.

i.	All required vehicular parking shall be located in the underground parkade.
ii.	Off-street loading and unloading space shall be provided as shown on the Site Plan, in accordance with Section 54 of the Zoning Bylaw to the satisfaction of the Development Officer and Transportation Department.
iii.	Entrances to the underground parkade shall be from the alley located immediately east of the development.
iv.	The driveway ramp must be at grade at the property line and must not exceed a slope of 8% for a distance of 4.5m inside the property line, or to the satisfaction of the Transportation Department.
v.	No parking shall be permitted within the landscaped yard.

j.

Garbage enclosures must be located off the alley, entirely within private property and inside the principle structure of the building, as illustrated in Appendix 3, Alley Grade and Access Plan. The gates and/or doors of the garbage enclosure must not open or encroach into road right-of-way.

k.

A minimum of 52 bicycle parking spaces shall be provided in an interior room within the building, to the satisfaction of the Development Officer. A minimum of 5 bicycle parking spaces shall be provided in close proximity to the 98 Avenue southeast entry. The bicycle rack(s) may be provided on road right-of-way should there be insufficient space on site. The location and design of bicycle racks located on road right-of-way requires the review and approval of the Transportation Department.

l.

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 and streetscape improvement 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 and 105 Street;
ii.	Replacement of the sidewalks along 98 Avenue and 105 Street adjacent to the subject property as indicated on the attached Site Plan, Appendix 1A;
iii.	Installation of decorative street lighting along 98 Avenue and 105 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 east of 105 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 3, Alley Grade and Access Plan, 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.

m.

A Crime Prevention Through Environmental Design Assessment shall be provided to the Development Officer to ensure that development provides a safe urban environment in accordance with the guidelines and principles established in the Design Guide for a Safer City.

n.

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 Appendices 1A and 1B. The easement must be provided to the satisfaction of the Transportation Department and Asset Management & Public Works.

o.

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

p.

A geotechnical study, 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.

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, street furniture, retaining walls, planters, fencing, footings and any shoring to remain under road right-of-way after construction is complete. The features must be to the satisfaction of the Transportation Department.

Development in this provision shall comply with the following architectural regulations:

a.	Development shall include articulation in the building facades utilizing a two to five storey town house style podium which incorporates six (6) dwelling units with at-grade access onto sidewalks on 105 Street and 98 Avenue, as illustrated in elevation drawings attached hereto as Appendices 2A to 2H, to the satisfaction of the Development Officer.
b.	Tower floor plates shall range from 675 m² to 708 m².
c.	Tower face setback from the property lines, shall be in accordance with the Tower Setback Plan, hereto attached as Appendix 1C, to allow for tower setback from the podium roof edge and to provide optimal separation spaces between the subject development, adjacent park spaces, and any development to the east of this site.
d.	All exterior finishing materials must be of good quality, durable and attractive in appearance with consistent treatment on all faces of the building. Materials shall consist of acrylic stucco, glass and glazed window and wall systems, brick, stone, architectural concrete, pre-cast coloured concrete as specified on the elevation drawings attached hereto as Appendices 2A through 2H, to the satisfaction of the Development Officer.
e.	Common building entrances shall feature designs which enhance their prominence, incorporate weather protection features, and provide lighting adequate to identify theses areas at night, as illustrated in elevation drawings attached hereto as Appendices 2A through 2H, to the satisfaction of the Development Officer.
f.	Architectural detailing of podium facades facing 98 Avenue and 105 Street shall include townhouse style and scale residential dwellings, with direct street level access, oriented to the street and avenue to provide for pedestrian activity, visual interest and for natural surveillance of the public and private landscaped areas, as illustrated in elevation drawings attached hereto as Appendices 2A through 2H, to the satisfaction of the Development Officer.
g.	Individual podium dwellings entrances shall feature hard and soft landscaping with features comprised of high quality concrete, masonry, wood, metal, acrylic stucco and other suitable materials as illustrated in elevation drawings attached hereto as Appendices 2A through 2H, to the satisfaction of the Development Officer.
h.	Balconies shall feature predominately transparent (not tinted) glass enclosures to maximize the transparency of the building design and minimize the perceived massing of the structure.
i.	Architectural details of the façade facing the lane shall include windows, glazing, variations in colour and texture, reveals, scoring, or cornice details to provide enhanced visual appearance and prevent blank wall effects, as illustrated in the Elevation Drawings attached here to as Appendix 2G and to the satisfaction of the Development Officer.

a.	Exterior lighting fixtures shall be located as illustrated in elevation drawings attached hereto as Appendices 2A through 2H, to the satisfaction of the Development Officer.
b.	Decorative and security lighting shall be designed and finished in a manner consistent with the design and finishing of the development and will be provided to ensure a well-lit environment for pedestrians and to accentuate artwork, to the satisfaction of the Development Officer.
c.	Any exterior lighting of the site shall be designed so that the lighting is directed away from the adjacent residential development and illumination shall not extend beyond the boundaries of the site.
d.	Mechanical equipment on the roof shall be completely screened from view by adjacent apartment tower occupants.
e.	Lighting is to be incorporated to illuminate and enhance the ornamental fin detailing on the tower top and add visual appeal to the night skyline and celebrate extended winter nights.

a.

Landscaping will be completed in general accordance with Appendix 4A, Landscape Plan; Appendix 4B, Roof Deck Landscape Plan to the satisfaction of the Development Officer.

i.	The quantity of trees and shrubs shall not be varied from quantities identified in Appendix 4A, Landscape Plan; Appendix 4B, Roof Deck Landscape Plan.
ii.	Location and variety of trees and shrubs shall be in general accordance with Appendix 4A, Landscape Plan; Appendix 4B, Roof Deck Landscape Plan, to the satisfaction of the Development officer.

b.

Hard landscaping materials including pavement materials, exterior lighting, street furniture elements, pedestrian seating areas, and other landscaping elements shall be constructed in accordance with Appendix 4A, Landscape Plan; Appendix 4B, Roof Deck Landscape Plan, to the satisfaction of the Development Officer.

i.	Natural areas existing to the north and east of the site shall be re-vegetated as required to maintain the existing plant species and character to the satisfaction of the Development Officer.
ii.	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 105 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.
iii.	The developer shall enter into a Servicing Agreement for off-site landscape and streetscape improvements necessary as a result of the development, including sidewalk improvements, boulevard tree plantings, and ornamental street lighting, as shown in general accordance with Appendix 4A, Landscape Plan; Appendix 4B, Roof Deck Landscape Plan, to the satisfaction of the Development Officer.
iv.	Compensation for removal or damage to the existing two boulevard trees on 98 Avenue must be paid to the Community Services Department as per the City trees policy.

c.

Transformer placement to be located as indicated on the Site Plan, Appendix 1A, with an enclosure designed to screen the transformer from pedestrian and resident observation, integrating with the overall character of the development design, to the satisfaction of the Development Officer.

d.

The owner shall be responsible for the costs of the required streetscape improvements to the portions(s) of road rights-of-way abutting this site (from private property line to the new curb) that are identified as part of the development. These costs shall be included in the Letter of Credit for the Servicing Agreement.

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.

a.	A Comprehensive Sign Design Plan shall be prepared in accordance with Section 59.3 of the Edmonton Zoning Bylaw, to the satisfaction of the Development Officer.
b.	Signs shall be integrated into the general architectural design of the building; freestanding signs shall be no taller than 2.0 meters and only allowed for the purposes of building identification, to the satisfaction of the Development Officer.
c.	”No Parking” signage is required for the waste management turn around area, to be placed on private property.

The design and construction of the building shall ensure that:

i.	Lighting in all residential common areas and commercial and office areas shall exceed the efficiency specified in the Model National Energy Code for Buildings by 10%; The building envelope must exceed the requirements in the Model National Energy Code for Buildings by reducing thermal transmittance values by 25%;
ii.	As defined by LEED Canada - NC, Version 1.0, Sustainable Sites (Credit 7.2: Heat Island Effect – Roof) a minimum of 50% of the building roof area shall be vegetated (intensive or extensive green roof and plantings) or equivalent high emissive roofing; to be confirmed by the Development Officer prior to the issuance of a Development Permit.
iii.	As defined by LEED Canada - NC, Version 1.0, Materials and Resources (Credit 5.1: Regional Materials) 80% of all brick or stone masonry used in the development must be extracted, processed and manufactured within 800km of the development; and
iv.	All windows and doors must be ENERGY STAR qualified (Zone C);
v.	All residential appliances shall be ENERGY STAR qualified; and
vi.	As defined by LEED Canada - NC, Version 1.0, Materials and Resources (Credit 4.1: Recycled Content) 7.5% of the total value of the materials used in the development must include recycled content, including metal studs, metal frames, fly-ash in concrete, acoustic ceiling tile, carpeting, gypsum wall-board, and millwork cabinets.

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 at one or more prominent locations on site. The funds shall be used for the design and construction of Public Art. The public art will be:

i.	Acquired through a juried art procurement process administered by the Edmonton Arts Council; and
ii.	Owned and maintained by the Condominium Association at this location.

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.

Downtown - located east of 105 Street NW and north of 98 Avenue NW

Bylaw attachments