Boyle Street - located at 8508 - 8532 - Jasper Avenue NW and 8515 - 106A Avenue NW
Bylaw 16215 (September 10, 2012)
To accommodate the comprehensive redevelopment of a Site, encompassing a brownfield area and an underutilized area, into a mixed-use high density urban village. This development will achieve a high standard of appearance by placing high-rise towers set back on podiums to enhance river views, articulating architecture to create active building frontages, and optimizing landscaping to create safe and inviting pedestrian connections, all in close proximity to the Stadium LRT Station.
This Provision shall apply to the entire 1.88 hectare (4.65 acre) site, Lots 1 to 7, Block 10, and Block 9, Plan 155HW, located at 8508 - 8532 - Jasper Avenue NW and 8515 - 106A Avenue NW, Boyle Street, as shown on Schedule ”A” of the Bylaw adopting this DC2 Provision.
a. | Apartment Housing |
b. | Business Support Services, excluding office maintenance and custodial services |
c. | Child Care Services |
d. | Commercial Schools, not exceeding a gross floor area of 500 m2 |
e. | Convenience Retail Stores, not exceeding a gross floor area of 275 m2 |
f. | Custom Manufacturing Establishments |
g. | Flea Market, limited to farmers market involving the sale of items such as local produce and handicrafts |
h. | General Retail Stores, not exceeding a gross floor area of 1,500 m2 |
i. | Health Services |
j. | Live Work Unit |
k. | Minor Amusement Establishments, as an accessory use to a restaurant |
l. | Minor Home Based Business |
m. | Personal Service Shops |
n. | Professional, Financial and Office Support Services, excluding telephone answering and loan offices or any accessory drive through operation, and not exceeding a gross floor area of 160 m2 |
o. | Residential Sales Centre, for the sale of onsite condominium units and leasing of commercial premises |
p. | Restaurants, 200 occupants or less and 240 sq.m. or less of public space |
q. | Row Housing, including Stacked Row Housing |
r. | Specialty Food Services, 100 occupants or less and 120 sq.m. or less of public space |
s. | Fascia On-premises Signs |
t. | Freestanding On-premises Signs, limited to project identification, building construction identification and real estate advertising signs of a limited duration |
u. | Projecting On-premises Signs |
v. | Temporary Signs, limited to project advertising and residential sale purposes only, and excluding trailer mounted signs and/or signs with changeable copy |
4.1 General
a. | Development shall be generally in accordance with the following regulations and the attached appendices to the satisfaction the Development Officer. |
b. | Development applications for this Site shall be permitted in stages. For context and the Development Officer’s interpretation purposes, a generalized Site Plan shall be submitted at each development permit stage to illustrate how the proposed development will integrate with existing and future on-site development. In addition, an interim Landscape Plan for the entire site shall be submitted with the first development permit application. The Site Plan and the interim Landscape Plan shall be to the satisfaction of the Development Officer. |
c. | As per section 720.3(3) of the Zoning Bylaw, all regulations in the Zoning Bylaw shall apply to this DC2 Provision unless specifically excluded or modified by the regulations contained herein. |
d. | The maximum Floor Area Ratio shall be 5.0 for the entire Site. |
e. | The maximum number of Dwelling units shall be 750. |
f. | The maximum building Height of the Low Rise Apartments and Tower Podium shall not exceed 4 storeys nor 15.0 m. The minimum building Height shall be no less than 7.5 m. |
g. | The maximum Heights, number of Storeys, and Floor Plate Areas for the Towers shall be as specified in Table 1: Maximum Building Storeys and Maximum Floor Plate Area of Tower. |
Table 1: Maximum Building Storeys and Maximum Floor Plate Area of Towers
Building Type | Max. No. of Storeys | Max. Tower Heights (m) | Max. Floor Plate Area (m2) at Mid Tower Zone |
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Tower 1 | 32 | 101.0 | 860 |
Tower 2 | 35 | 110.0 | 860 |
NOTE: Floor plate area relates to the tower mid zone and includes enclosed balconies, mechanical and electrical areas, storage, and stairs.
h. | The finished floor elevation of the ground floor units shall not exceed 1.25 m above Grade, as determined by the Development Officer in accordance to Section 52 (5) of the Zoning Bylaw. |
i. | The minimum Setbacks of the Low Rise Apartments and Tower Podiums shall be as specified in Table 2: Minimum Setbacks for Low Rise Apartments and Tower Podiums. |
Table 2: Minimum Setbacks for Low Rise Apartments and Tower Podiums
Location | Minimum Setback (m) |
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Jasper Avenue / Right-of-way | 0.0 |
85th Street | 0.9 |
Side Yard (along City-owned utility lot) | 2.0 |
106A Avenue | 4.0 |
86 th Street (Apartments) | 2.0 |
86 th Street (Tower Podium) | 5.0 |
j. | The Mid Tower zone shall provide a minimum 2.0 m Stepback from the Podium zone along any public roadway where portions of the tower are located above the podium. |
k. | The Tower Top zone of any tower shall consist of the upper 13.0 m of the Tower, and shall be Stepbacked a minimum of 1.5 m from the Mid Tower zone on at least two sides of the tower. |
l. | Balconies and balcony structures above the podium base may project 1.0 m into the Tower setbacks, however the 1.0 m projection shall not encroach upon City owned lands. |
m. | A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided on the entire Site and may include, balconies, gardens/patios on the top of the podium base, rooftops, and terraces. |
n. | A minimum of 500 m² indoor communal amenity spaces shall be provided for the entire development. Communal indoor amenity spaces may include, but not be limited to, change room facilities, fitness rooms, and residential meeting rooms, which shall have a minimum of 100 m2. |
o. | A minimum of 1,500 m² of outdoor amenity area, comprised of at grade and above grade areas, shall be provided for the entire development. Communal outdoor amenity area may include, but not be limited to, display gardens and outdoor sitting areas, pedestrian walkways and the public amenity area which shall have a minimum of 750 m2. |
p. | Separation Space for all areas of any stage of the development shall be provided in accordance with Section 48 of the Zoning Bylaw, with the exception that the minimum Separation Space between Towers on this site shall be 35.0 m. |
q. | The maximum Floor Area for Commercial Uses shall not exceed 5,000 m2. |
r. | The Podium shall integrate residential and commercial uses. |
s. | Commercial Uses shall not be developed above the Podium. |
t. | Apartment Housing with Commercial Uses on the ground floor shall have access at Grade that is separate from the Commercial premises. |
4.2 Parking and Loading
a. | Parking shall be in accordance with Section 54 of the Zoning Bylaw and, where applicable, as modified by the following: | ||||
b. | General Requirements | ||||
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c. | Vehicular Access | ||||
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d. | Bicycle Parking | ||||
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e. | Garbage, Loading and Services | ||||
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4.3 Relaxation of Vehicular Parking Requirements in Conjunction with the Implementation of Stadium Station Transit Oriented Development Planning
a. | Whereas the City will continue to plan for the implementation of Transit Oriented Development in the Stadium LRT Station area, the vehicular parking requirements may be relaxed at the discretion of the Development Officer and in accordance with the regulations set forth in this section of this DC2 Provision. Vehicular parking variances may be allowed by the Development Officer and applied in conjunction with the implementation of the City objectives for Transit Oriented Development if: | ||||
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4.4 Off-Site Improvements to Serve the Development
a. | For each stage of the development and prior to the release of drawings for building permit review for the stage, the Owner shall enter Agreement with the City of Edmonton for offsite improvements necessary to serve the development. The agreement process includes an engineering drawing review and approval process. Details of any structures to be located on road right-of-way must be included on the engineering drawings. Improvements to be addressed in the Agreement include but are not limited to the following: | ||||||||||||
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b. | Any costs associated with relocations and/or removals shall be at the expenses of the Owner. The Owner shall provide a Letter of Credit, or other means of Security, in favor of the City to cover 100% of the above captioned costs. |
4.5 Lane Closure
a. | Prior to the release of drawings for building permit review within the development site the Road Closure Bylaw must be approved by Council. |
b. | Prior to the release of drawings for building permit review, the closure area shall be consolidated by plan with the adjacent properties. All costs associated with the closure, including survey and registration costs, will be at the expense of the Owner. |
c. | The Owner is responsible for physical closure of the roadway to public access and shall be responsible for all costs associated with the roadway modifications deemed necessary as a result of the closure |
4.6 Landscaping
a. | To ensure that a high standard of appearance and a sensitive transition to the surrounding land uses are achieved, a Landscape Plan for the portion of the Site being developed shall be provided to the satisfaction of the Development Officer in consultation with the Parks branch of Sustainable Development prior to approval of any development permit. |
b. | The Landscape Plan shall include details of pavement materials, exterior lighting, sizes and species of new tree plantings, off-site landscaping adjacent to the Site, and other landscape elements as applicable in accordance with Section 55 of the Zoning Bylaw. |
c. | Provision of landscaping on the Site, particularly on the interface between the public and private realm, shall exceed the standards of Section 55.4 (6) (a) of the Zoning Bylaw by 10%. The Landscape Plan shall be reviewed to ensure that all the proposals for landscaping referenced throughout this DC2 Provision are realized. |
d. | The development of major pedestrian walkways, which are located between 106A Avenue, Jasper Avenue, 85th Street, and 86th Street shall conform to the Urban Design Regulations of this Provision. Articulated landscaping placed at the base of the podium shall be considered in the design of pedestrian path and open spaces to provide privacy to and a transition from ground units and patios. Major pedestrian walkways shall be lined with trees. |
e. | Wherever feasible, existing trees along boulevards shall be retained, protected and incorporated into the Landscape Plan. If boulevard trees on City owned lands are damaged or unavoidably need to be removed then the City’s Corporate Tree Policy applies. |
4.7 Signage
a. | 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. Notwithstanding Schedule 59B, Temporary Signs shall be limited to project advertising and residential sale purposes only. |
b. | A Comprehensive Sign Plan and Schedule, consistent with the overall intent of subsection 59.3 of the Zoning Bylaw, shall be prepared for the development and submitted with the Development Permit Application to be approved by the Development Officer. |
4.8 Development Regulations for Specific Use
a. | Residential Sales Centres shall be developed in accordance with Section 82 of the Zoning Bylaw. | ||||||||||
b. | Minor Home Based Businesses shall be developed in accordance with Section 74 of the Zoning Bylaw. | ||||||||||
c. | Live/Work Units shall be developed in accordance with Section 92 of the Zoning Bylaw. | ||||||||||
d. | Notwithstanding Sections 18 and 91 of the Zoning Bylaw, any Flea Market shall be developed in accordance with the following Provisions to the satisfaction of the Development Officer: | ||||||||||
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4.9 Encroachments
a. | For each stage of the development and prior to the release of drawings for building permit review, the Owner shall enter into an Encroachment Agreement for any portion of the development that is to be located on road right-of-way to the satisfaction of Transportation Services |
4.10 Affordable Housing
a. | For each stage of the development and prior to the release of drawings for building permit review, the Development Officer shall ensure that a signed agreement has been executed between the City and the Owner, requiring the Owner to provide to the City at the time of Development Permit approval, the option to purchase 5% of the proposed number of residential units of the subject stage of the development, at 85% of the market price or the ability to acquire units on the basis of a future approved Council policy on Affordable Housing. |
4.11 Family-Oriented Housing
a. | A minimum of 56 dwellings at the ground-level shall consist of 2 or more bedrooms. An additional 132 dwellings shall contain two bedrooms or more. |
b. | A minimum of 28 dwellings at the ground-level shall have private entrances. |
c. | A fixed amount of additional private storage, including bulk storage and bicycle storage, will be available for purchase. |
d. | All dwelling units shall have in-suite laundry hook-ups. |
e. | Private common courtyards at ground level will provide amenity space for residents and shall be provided in general accordance with Appendix 6. Courtyards shall be landscaped with a combination of soft and hard landscaping. |
4.12 Other Development Regulations
a. | A Phase II Environmental Site Assessment and any required Phase III ESA Remediation Plan shall be submitted and approved by the Development Officer in consultation with Alberta Environment (AENV) and Alberta Health Services (AHS) prior to the issuance of any development permits. If required by the Development Officer, a Phase III Environmental Site Assessment shall be submitted and approved to the satisfaction of the Development Officer in consultation with AENV and AHS Services, prior to the issuance of any Building Permit excepting the parkade excavation Building Permit. The Development Officer shall not release the Development Permit for the purposes of a Building Permit until this condition has been adequately satisfied in writing from the reviewing agencies. |
b. | A Geotechnical Study, including a slope stability assessment to assess the impact of this development is required prior to a Development Permit being issued at any particular stage of the development. The assessment shall be reviewed by Transportation Services. Any stability measures must be undertaken prior to building permits being issued to the satisfaction of the Development Officer. |
5.1 Site Planning
a. | A Site Plan for each stage of the development along with building plans, shall be submitted with each Development Permit application. Such plans shall be to the satisfaction of the Development Officer and shall, among other things, conform to the Urban Design Regulations in this DC2 Provision. Pedestrian connections into and through the site shall be provided to break up long blocks, provide safe, convenient and inviting routes open for the public, and foster connectivity throughout various parts of the Site and surrounding neighbourhoods, as illustrated in Appendix 6. |
b. | Internal pedestrian walkways connecting Jasper Avenue, 86 Street, 85 Street, and 106A Avenue shall be constructed to a minimum width of 3.0 m. |
c. | All mechanical equipment shall be screened from public view or be concealed by incorporating it within the roof envelope or by screening it in a way that is consistent with the character and finishing of the development. |
d. | The Towers shall front onto roadways with entrances that are clearly visible. |
e. | When a development is located on a corner, the development shall address both roadways and shall distinguish the intersection to give it prominence. |
f. | Any portion of the Tower Parkade entrances that are visible from grade shall be enhanced through the use of architectural elements, public artwork, and/or feature lighting to the satisfaction of the Development Officer. |
g. | Prior to the issuance of any development permit, a Crime Prevention through Environmental Design Assessment shall be provided 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) |
5.2 Building Massing and Form
a. | Perceived massing shall be minimized through such methods as building Stepback variations at the upper levels, building orientation, roof treatment, and the choice of exterior materials and colours. |
b. | A Tower, as defined in section 6.1 of the Zoning Bylaw shall be comprised of three distinct vertical zones: Podium, Mid Tower, and Tower Top. The distinct nature of the three vertical zones shall be integrated through Stepbacks in the building mass and/or through the architectural treatment of the façades. |
c. | Towers shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling and rain sheeting as recommended in the Wind Impact Assessment. The Development Officer shall require a Wind Impact Study to ensure the recommendations and mitigative measures specified in the Wind Impact Statement were effectively applied. |
5.3 Architectural Control
a. | Quality materials such as masonry, stone, metal, wood, cementitious panels and clear glass shall be the predominant materials of the Podium. Materials such as stucco shall not be used on the Podium. |
b. | The Mid Tower and Top Tower shall reflect some of the materials used in the Podium and provide architectural interest through a combination of changes in materials, colours and/or physical breaks in building mass. While there should be similarity in materials to create a cohesive building, a variety in architectural styles should be encouraged among the buildings on the Site. Cementitious stucco shall not be used on the Towers. |
c. | Stepped building forms and tiered landscaped ledges shall be provided to articulate the façade of the towers. |
d. | Public and private outdoor spaces shall incorporate sheltered enclaves and landscaping features to buffer the elements. |
5.4 Entrances
a. | Building main entrances shall be designed to meet universal accessibility standards in the following ways: | ||||||
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5.5 Active Frontage
a. | Where indicated in Appendix 7 as ”r;Active Residential Frontage” ground floor units shall be developed with terraces and/or patios and windows at ground level. Units shall have separate, individual and direct access to grade and feature doorways, to the satisfaction of the Development Officer. Where technical constraints prevent the provision of individual accesses, access may be shared between multiple units. | ||||||
b. | Where indicated in Appendix 7 as ”r;Active Retail Frontage” all commercial frontages shall be developed according to the following regulations: | ||||||
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c. | Live/Work Units shall be primarily located along 85th and 86th Streets to enhance the active frontage character of the development. |
5.6 Lighting
a. |
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 Tower elements, and to highlight the development at night time and winter months, to the satisfaction of the Development Officer. |
b. |
Night-time light pollution shall be reduced by avoiding over-illumination of the development and using low cut-off exterior lighting fixtures which direct light downward, not upward and outward, to ensure illumination does not extend beyond the boundaries of the development site. |
a. | The design and implementation of this development shall apply techniques to reduce consumption of water, energy, and materials consistent with best practices in sustainable design. Green sustainable targets shall include Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, and Indoor Environmental Quality. The minimum design targets shall be as listed on Appendix 9, Sustainable Strategies and Targets. |
b. | Supplementary green sustainable targets based on the Green Building Rating System LEEDTM, Canada NC 1.0, 2004, as amended, shall be required and implemented to ensure the development meets the score of a Certified standard on said rating system. The Owner may choose which supplementary green sustainable targets will be implemented, and, at his/her discretion, may indicate additional targets in excess of the Certified standard score to provide for flexibility at the implementation stage. The Owner shall submit a report signed by an accredited professional with all chosen supplementary green sustainable targets along with the application for the development permit of each stage of the development to the satisfaction of the Development Officer. |
c. | Demonstration of compliance at the development permit application for each stage of the development shall be provided with letters from the design target parties responsible to the satisfaction of the Development Officer. Acceptable letter formats shall include the LEEDTM letter templates included in the Green Building Rating System LEEDTM, Canada NC 1.0, 2004, as amended, or any other format acceptable to the Canadian Green Building Council LEEDTM. |
7.1 On-Site Amenity Area
a. | An Outdoor Amenity Area, as generally indicated in Appendix 6 and Appendix 8, shall be developed to include pedestrian walkways, public amenity spaces, and landscaping. The Amenity Area shall be funded by the Owner and developed to enhance the public/private edge, to the satisfaction of the Development Officer. For any stage of the Site being developed, a portion of the Outdoor Amenity Area shall be developed in accordance with the Site Plan for that specific stage of the development. | ||||||||
b. | The Owner shall register one or more surface Public Access Easements for the pedestrian walkways between 106A Avenue, Jasper Avenue, 85th Street, and 86th Street to ensure that public access through the site and to adjacent public amenity space remains available, while permitting sub-surface construction and development by the Owner to occur. The Public Access Easements shall make the property Owner(s) responsible for maintenance and liability. The surface areas subject to the Public Access Easements shall be accessible to the public at all times to allow for movement through the site. The Public Access Easement agreements shall be completed prior to the release of drawings for building permit review. | ||||||||
c. | A Pedestrian Circulation System shall be provided throughout the Outdoor Amenity Area as generally shown in Appendix 6 and shall be developed according to the following regulations: | ||||||||
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7.2 On-Site Public Art Contributions
a. | The Owner shall provide public art through two opportunities: | ||||||||
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b. | The value of public art will be $9.15/m2 proportional to the Gross Floor Area (GFA) of residential / commercial development, excluding parkade areas, being developed in accordance with the following: | ||||||||
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7.3 Off-Site Improvements as Public Amenities
a. | Upon the submission of a development permit, the contribution that the Owner shall make to off-site improvements as public amenities shall be based upon a graduated contribution which is proportional to the Gross Floor Area (GFA) of residential/commercial development, excluding parkade areas; |
b. | To calculate the off-site amenity contribution the applicant will submit the total area of site development up to and including the current stage (column A) and the corresponding cumulative amenity contribution (column E) less the amenity previously paid, as shown in Table 3: Off-site Amenity Contribution Breakdown below: |
Table 3: Off-site Amenity Contribution Breakdown
Area of Development (m2)
(A) |
Area (m2)
(B) |
Amount
(C) |
Amenity Contribution
(D) |
Cumulative Contribution
(E) |
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0 - 10,000
10,001 - 20,000 20,001 - 30,000 30,001 - 40,000 40,001 - 50,000 50,001 - 60,000 60,001 - 70,000 70,001 - 80,000 80,001 - 90,000 |
10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 |
9.25 8.75 8.25 4.25 3.75 3.25 2.75 1.75 0.55 |
$92,500 $87,500 $82,500 $42,500 $37,500 $32,500 $27,500 $17,500 $5,500 |
$92,500 $180,000 $262,500 $305,000 $342,500 $375,000 $402,500 $420,000 $425,500 |
c. | Prior to the release of drawings for building permit review for any particular stage of the development, the Development Officer shall ensure that a signed agreement has been executed between the City and the Owner, requiring the Owner to contribute the proportional dollar amount of the contribution value stipulated in this Section of this DC2 Provision, for the portion of the development being developed. | ||||
d. | Sustainable Development shall determine on which public amenities near the site the contribution value will be invested. | ||||
e. | The public amenities must be located within a 800 m radius of the Stadium LRT Station or adjacent area of the River Valley and shall consider any of the City’s future initiatives to enhance accessibility from the development to the Stadium LRT Station and improve pedestrian movement adjacent to the development. | ||||
f. | In addition to the contribution value stipulated in this Section of this DC2 Provision, the signed agreement executed between the City and the Owner must also require the Owner to provide for the off-site improvements as public amenities as follows: | ||||
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g. | Proposals for boulevard trees shall be subject to Community Services (Forestry) approval. |
h. | The agreement between the Owner and the City for the Provisions of off-site improvements as public amenities shall be consistent with the appropriate development stage being developed abutting the public right-of-way. |
i. | Where applicable, the Agreement process may include an engineering drawing review and approval process at the development permit stage as well as an irrevocable Letter of Credit to cover 100% of construction costs for any specific off-site improvement. |