DC2 839

To accommodate a 36 storey mixed use, high rise, high density development with commercial uses on the podium levels, a quasi-public plaza in the northwest corner, and a quasi-public park on the southwest portion of the site that provides for an active and inviting pedestrian oriented streetscape fronting onto 99 Avenue and 106 Street, with site specific design controls to reduce the mass, sun shadow, and view impacts of the tower on adjacent developments.

This Provision shall apply to a 0.28 hectare site on the southeast corner of 106 Street NW and 99Avenue NW legally described as Units 1 – 51, Condominium Plan 9023153 and Lots 39-40, Block 5, Plan NB, as shown on Schedule “A” adopting this DC2 Provision, Downtown.

a.	Animal Hospitals and Shelters
b.	Bars and Neighbourhood Pubs
c.	Business Support Services
d.	Commercial Schools
e.	Convenience Retail Stores
f.	Creation and Production Establishments
g.	Equipment Rentals, provided that all equipment and goods for rent are contained within an enclosed building
h.	Funeral, Cremation and Interment Services
i.	Gas Bars
j.	Greenhouses, Plant Nurseries and Market Gardens
k.	General Industrial Uses
l.	Health Services
m.	Indoor Participant Recreation Services
n.	Limited Contractor Services
o.	Major Alcohol Sales
p.	Minor Amusement Establishments
q.	Minor Alcohol Sales
r.	Media Studios
s.	Mobile Catering Food Services
t.	Nightclubs
u.	Outdoor Participant Recreation Services
v.	Personal Service Shops
w.	Private Clubs
x.	Professional, Financial and Office Support Services
y.	Religious Assembly, excluding rectories, manses, dormitories, convents, monasteries and other residential buildings
z.	Residential Sales Centres
aa.	Restaurants
bb.	Specialty Food Services
cc.	Warehouse Sales
dd.	Veterinary Services
ee.	Fascia On-premises Signs
ff.	Fascia Off-premises Signs
gg.	Freestanding On-premises Signs
hh.	Freestanding Off-premises Signs
ii.	Major Digital Signs
jj.	Minor Digital Off-premises Signs
kk.	Minor Digital On-premises Signs
ll.	Minor Digital On-premises Off-premises Signs
mm.	Projecting On-premises Signs
nn.	Roof On-premises Signs
oo.	Temporary On-premises Signs

4.1 General

a.

The development shall be in general accordance with the attached appendices, to the satisfaction of the Development Officer.

b.

The maximum Floor Area Ratio (FAR) shall be 9.0.

c.

The maximum number of Dwelling units shall be 250.

d.

The maximum Height shall not exceed 118.0 m.

e.

Building Setbacks shall be required as follows, as shown in Appendix I, Illustrative Site Plan:

i.	Minimum 0.0 m on the north where the site abuts 99 Avenue, other than building variations to provide wall articulation and entrances;
ii.	Minimum 3.5 m on the west;
iii.	Minimum 1.8 m on the south;
iv.	Minimum 2.0 m on the east.

f.	A minimum 1.5 m Stepback is required of the tower on the north side. A minimum of 60% of the tower shall meet a 3.0 m Stepback on the north, as shown in Appendix I, Illustrative Site Plan.,
g.	The maximum Floor Plate area of the mid-tower zone shall be 800 m².
h.	The maximum Floor Plate area of the top floor shall be 720 m².
i.	Balconies and balcony structures may project a maximum of 1.5 m into the setbacks or the Tower Stepbacks, however the 1.5 m projection shall not encroach upon City owned lands.
j.	A minimum amenity Area of 7.5 m² per Dwelling shall be provided and achieved through the use of the following but not limited to the use of; balconies, gardens/patios on the top of the podium base, rooftops, grade level displays gardens, terraces, and communal amenity spaces.
k.	The development shall create a pedestrian-friendly environment on 99 Avenue and 106 Street, which will include such things as entrance features, landscaping and other features that lend visual interest and a human scale to the development along the street.
l.	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).

4.2 Parking, Loading and Storage

a.	Subject to 4.2(b), the development shall provide parking (vehicular and bicycle) in accordance with Section 54 of the Zoning Bylaw. The Development Officer may consider a variance if a Parking Demand Study is submitted in conjunction with an application for Development Permit to rationalize any variance in parking requirements.
b.	All resident vehicular parking shall be provided underground, except that a minimum of 5 vehicular parking spaces for visitor and non-residential parking may be provided at grade located at the rear of the building and accessed from the abutting lane or in the parkade as required, in general accordance with Appendix I Illustrative Site Plan.
c.	A minimum of 30% of the required bicycle parking shall be located in a safe, secure location within the building.
d.	Vehicular access and egress shall only be provided off the alley abutting the Site in general accordance with Appendix I, Illustrative Site Plan, to the satisfaction of the Development Officer and Transportation Services.
e.	The existing drop-off area along 106 Street shall include a minimum 1.5 m wide walkway walk along the entire length of the drop-off and the design and location shall be to the satisfaction of the Development Officer and Transportation Services.
f.	The driveway ramp shall be at grade at the property line and must not exceed a slope of 6% for a distance of 4.5 m inside the property line to the satisfaction of Transportation Services.
g.	Adequate sight lines shall be maintained for vehicles entering and exiting the underground parkade, to the satisfaction of the Development Officer and Transportation Services.
h.	Loading, storage and trash collection areas shall be located in general accordance with Appendix I, Illustrative Site Plan and shall be concealed from view from adjacent sites and public roadways in accordance with the provisions of Section 55 of the Zoning Bylaw. Trash collection and storage areas shall be located within the building for the new development. Trash collection area shall be designed to the satisfaction of the Development Officer in consultation with Waste Management and Transportation Services.
i.	One (1) loading spaces shall be provided with a minimum of 3.0 m in width and a minimum of 7.5 m in length.

4.3 Landscaping

a.	Detailed landscape plans including all existing and proposed utilities within the road right-of-way and prepared by a registered Landscape Architect, must be submitted with the development permit application. The landscape plan shall include design up to the carriageway. Design, implementation and maintenance of publicly accessible areas must be to the satisfaction of the Development Officer.
b.	Landscaping requirements shall be in accordance with Section 55 of the Zoning Bylaw with one tree for each 25 m² and one shrub for each 15 m² of Setback at grade.
c.	Trees and shrubs shall be provided in accordance with Section 55.8 of the Zoning Bylaw, except that the proportion of deciduous to coniferous trees and shrubs shall allow for a greater portion of deciduous plants, to the satisfaction of the Development Officer.
d.	Landscaping on the Site shall consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during the cold weather months.
e.	Existing boulevard trees along 99 Avenue and 106 Street shall be retained and protected.

4.4 Signage

a.	Signs shall comply with the regulations found in Schedule 59B and in accordance with the General Provisions of Section 59 of the Zoning Bylaw.
b.	A Comprehensive Sign Design Plan and Schedule in accordance with Subsection 59.3 of the Zoning Bylaw, shall be prepared for the development and provided to the satisfaction of the Development Officer.

4.5 Development Regulation for Non-Residential Uses

a.	The maximum entire Floor Area for non-residential Uses shall not exceed 1700 m².
b.	Ground level non-residential Uses shall have separate and direct access to the street.
c.	Non-residential Uses shall be limited to the ground, second and the third storey of the development.
d.	There shall be a maximum of one establishment for Bars and Neighbourhood Pubs.
e.	The façade of ground floor non-residential premises shall have vertical breaks a minimum of every 10.0 m to break up the massing of the ground floor façade.

4.6 Affordable Housing

a.

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 at 85% of the market price or the ability to acquire units on the basis of a future approved Council policy on Affordable Housing.

4.7 Other Regulations

a.	The development shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-site, consistent with recommendations of appropriate studies to the satisfaction of the Development Officer.
b.	A detailed Wind Impact Study shall be prepared by a qualified, registered Professional Engineer, and shall be based on a computer model simulation analysis, prepared to professional standards. The Wind Impact Study shall be submitted with the development permit for any new development over 6 storeys to the satisfaction of the Development Officer.
c.	The development shall have design features to ensure the plaza located in the northwest corner has wind conditions that are suitable for its intended Uses.
d.	Prior to the issuance of a Development Permit for any new development, a geotechnical study, including a stability assessment, prepared by a qualified professional engineer shall be submitted and approved to the satisfaction of the Development Officer, in consultation with the City’s Geotechnical Engineer and Transportation Services. In addition to the provision of site and development specific geotechnical recommendations for design and construction, such report must also provide recommendation to minimize and mitigate geotechnical risk to the development and surrounding properties and infrastructure.

4.8 Urban Design and Architectural Control

a.

The building shall be designed and oriented to face and front 99 Avenue and 106 Street and clearly differentiate the residential entrances from non-residential entrances through distinct architectural treatment and address the street in a prominent manner.

b.

Any portion of the parkade entrance that is exposed shall be designed and articulated to the satisfaction of the Development Officer.

c.

Podium

i.

The podium exterior shall be finished with clear storefront glazing and quality, durable materials that may include masonry, stone and pre-finished metal.

ii.

Notwithstanding the existing building as shown on Appendix I Illustrative Site Plan at the time of this bylaw:

1.	where fronting 99 Avenue and 106 Street, the ground Storey shall contain only non-residential Uses.
2.	the ground Storey architectural treatment of the podium shall ensure that there are windows on the north, west and the northern most 3.0 m of the east façade of the building. The placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented street.
3.	a minimum of 70% of the linear building frontage of the ground floor non-residential facades shall have clear glazing, where fronting onto a Public Roadway, other than a Lane. Linear frontage shall be measured at 1.5 above the finished grade of the adjacent public boulevard.
4.	along 99 Avenue, the podium shall provide a minimum ground floor Height of 3.5 m and the maximum Height of the podium shall not exceed 17.5 m.

iii.	The ground Storey elevation shall not exceed the elevation of the abutting public sidewalk by more than 0.3 m, or at the discretion of the Development Officer where the grade or other site conditions require greater separation.
iv.	The building shall be designed to include the use of different architectural elements and treatments, articulated facades, materials, and colours to add variety, rhythm, and break up the massing to provide a sense of human scale.
v.	Where the podium is setback to create open space as an extension of the sidewalks along 106th Street and 99th Avenue, the surface materials shall compliment the sidewalk to create a sense of continuity.
vi.	Weather protection in the form of a canopy or any other architectural elements shall be provided above the Building entrances on 99 Avenue and 106 Street to create a comfortable environment for pedestrians. Any canopy or other architectural element that extends beyond the property line will require an encroachment agreement with the City of Edmonton.
vii.	Wherever podium roofs are visible from existing adjacent developments, the development shall improve rooftop aesthetics to the satisfaction of the Development Officer. Improvements to aesthetics may include screening of mechanical equipment.

d.

Tower

i.	The exterior of the Tower shall be finished with high quality, sustainable and durable materials such as glazing, masonry, stone, stucco and/or pre-finished metal.
ii.	The mid-tower zone shall be differentiated from the Podium, but should reinforce some of the design details, materials, and architectural expression from the podium.
iii.	The upper tower zone shall encompass the top 1/3 of the Tower and shall be stepped back a minimum of 1.5 m from at least two exterior points on the Mid-Tower zone, as illustrated in Figure 1 and on Appendix II. The points may be taken from anywhere along the façade.

Figure 1: Illustration of acceptable Tower Step backs

iv.	The upper tower zone shall have its floor plates reduced so that the top floor plate is at a minimum 10% smaller than the mid tower floor plate. The reduction shall occur over a minimum of four floors to the satisfaction of the Development Officer, to create the articulation, visual interest, and reduced massing effects.
v.	Rooftops of Towers shall be designed with penthouses to accommodate mechanical penthouses, facilitate energy efficiency and contribute to a distinctive skyline.

e.	All mechanical equipment, including roof mechanical units, shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building.
f.	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 to highlight portions of the development at night time.

4.9 Green Sustainable Practices and Target

a.

The building shall be designed to meet the requirements of the Green Building Rating System LEEDTM, Canada NC 1.0, 2009, as amended, to achieve a minimum LEED Certified standard, although the developer is not required to seek LEED certification. 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. Upon submission of a Development Permit application, the applicant must submit a detailed report, endorsed by a registered professional engineer or architect, indicating how the LEED Certified points will be achieved upon construction competition. This report must be approved by the Development Officer prior to the issuance of the Development Permit.

b.

Upon completion of the building, the Owner shall provide a report by a professional Architect or Engineer that demonstrates, to the satisfaction of the Development Officer, that the design and construction of the building meets the target LEED Certified points described in 4.9 (a) .

5.1 Off-site and on-site Improvements to serve the Development

a.

As a condition of any development permit, 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 to be addressed in the Agreement include but are not limited to the following:

i.	Removal of all existing accesses from the site to 106 Street and 99 Avenue, with the restoration of the curb and gutter, sidewalk and boulevard to the satisfaction of Transportation Services.
ii.	Repair of any damage to the abutting roadways, sidewalks and/or boulevards resulting from construction of the development, to the satisfaction of Transportation Services. The site shall be inspected by Transportation Services prior to the start of construction and once again when construction is complete.
iii.	Repair of any damage to the abutting Heritage Trail, including repair or replacement of any decorative paving, street furniture or lighting, to the satisfaction of Transportation Services. The site shall be inspected by Transportation Services prior to the start of construction and once again when construction is complete.

b.	Where the podium setbacks are increased to create open space as an extension of the sidewalks along 106 Street and 99 Avenue, the surface materials shall be similar to the sidewalk to create a sense of continuity. Any use of decorative concrete on road right-of-way is subject to the review and approval of Transportation Services in conjunction with the engineering drawing review and approval process identified in 5.1.a.
c.	A publicly accessible plaza, with a minimum area of 150 m² or 5% of the total site, shall be developed on the northwest corner of the site. The plaza shall be developed as an urban plaza and will include hard surfacing, seating, and other pedestrian oriented elements in general conformance with Appendix I Illustrative Site Plan.
d.	A publicly accessible quasi-public park, with a minimum area of 250 m² or 9% of the total site, shall be developed on the southwest side of the site. The park will include seating and landscaping in general conformance with Appendix I Illustrative Site Plan, to be used for passive recreation by residents of the development and the community.
e.	The owner(s) shall register a Public Access Easement to ensure that public access to the plaza on the northwest corner of the site and the quasi-public park on the southwest corner of the site will remain available between the hours of 7am to 10 pm. The easement shall make the private property owner(s) responsible for maintenance and liability, to the satisfaction of the Development Officer.

5.2 On-site Public Art Contributions

a.

Prior to the issuance of a development permit for any new development, the owner shall contribute$6.95/m², proportional to the Gross Floor Area (GFA) of residential/commercial development, to the City in trust for the commission of public art up to a total amount of $180,000. The division of funds shall be up to $40,000 Purchased Art and up to $140,000 Structural Art Public Art and shall be developed in accordance with the following:

i.	A committee with representation from the owners and the Edmonton Arts Council shall oversee this Public Art Program, and, in consultation with the Development Officer, shall determine the appropriate locations for artworks to be installed.
ii.	Artworks shall be owned and maintained by the owner or Condominium Association.

b.	Purchased Art shall include artwork acquired through a juried art procurement process administered by the Edmonton Arts Council.
c.	Structural Art shall include artworks created through artistic application of hard and soft landscaping on the site.
d.	If a development application has not been made within five (5) years of the date of this Bylaw, the Public Art contribution shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.

Downtown - southeast corner of 106 Street NW and 99Avenue NW