DC2 871

McCauley - 97 Street to the east, 105 Avenue to the south, and 98 Street to the west

Bylaw 16914 (August 25, 2014)

To accommodate a mixed use, high rise, high density residential development with commercial uses at lower levels that provide for an ‘active and inviting’ pedestrian oriented streetscape fronting onto 97 Street, 105 Avenue and 98 Street; and to establish Site development regulations which will ensure compatibility with surrounding land uses in this area of the Chinatown North Special Commercial Sub-Area of the Boyle Street/McCauley Area Redevelopment Plan.

This Provision shall apply to a 0.592 hectare Site bounded by 97 Street to the east, 105 Avenue to the south, and 98 Street to the west. The Site is legally described as Lot A, Block 9, Plan A; Lots 1 – 5, Block 9, Plan A; Lot 8, Block 9, Plan A; Lots 21 – 25, Block 9, Plan A; Lots 28 – 30, Block 9, Plan A; and Lots 26 -27, Block 9, Plan N/A, in the McCauley Neighbourhood as shown on Schedule “A” adopting this Provision.

a.Apartment Hotels
b.Apartment Housing
c.Bars and Neighbourhood Pubs
d.Business Support Services
e.Child Care Services
f.Commercial Schools
g.Convenience Retail Stores
h.Extended Medical Treatment Services
i.General Retail Stores
j.Government Services
k.Health Services
l.Household Repair Services
m.Indoor Participant Recreation
n.Limited Contractor Services
o.Major Home Based Business
p.Major Secondhand Stores
q.Minor Alcohol Sales
r.Minor Amusement Establishments
s.Minor Home Based Business
t.Nightclubs
u.Personal Service Shops
v.Private Clubs
w.Professional, Financial and Office Support Services
x.Residential Sales Centre
y.Restaurants
z.Secondhand Stores
aa.Specialty Food Services
bb.Fascia On-premises Signs
cc.Projecting On-premise Signs
dd.Temporary On-premise signs, limited to project advertising and residential sales purposes
4.1.         General
a. The following definitions shall apply to this Provision:
 
i. The Podium shall be comprised of the following: 
 
1. Lower Podium limited to Storeys 1 and 2;
2. Upper Podium limited to Storeys 3, 4 and 5; and
3. Tower Base limited to Storeys 6, 7 and 8.
ii. The Tower shall be comprised of the following:
 
1. Mid-Tower Zone; and
2. Tower Top within upper most 5 to 10 Storeys of the building.
b. The development including Site layout and building locations shall be in general accordance with the attached appendices.
c. The maximum Floor Area Ratio (FAR) shall be 9.5.
d. The maximum number of Dwelling units shall be 296.
e. Building Height
 
i. Tower I – The maximum Height of the south Tower adjacent to 105 Avenue shall not exceed 130.0 m.
ii. Tower II – The maximum Height of the north Tower adjacent to the Lane shall not exceed 100.0 m.
f. The maximum Podium Height shall not exceed 8 Storeys nor 29.0 m.
g. The Lower Podium shall be Setback 0 m from the property line except:
 
i. the southeast corner shall be setback on a 45 degree angle from the property line approximately 5 m from the corner as shown in Appendix IA.
ii. The Development Officer may allow a building Setback from the property line of up to 3.0 m along 97 Street NW, 98 Street NW, 105 Avenue NW to accommodate street related activities such as sidewalk cafés, colonnades, arcades, or plazas. The 3.0 m building Setback shall not be used exclusively for Landscaping.
h. The Upper Podium shall have a minimum Stepback of 2.5 m from the south and west property lines.
i. The Upper Podium and the Tower Base shall have a minimum Stepback of 12.0 m from the east property line.
j. The Tower Base façade shall have a minimum Stepback of 3.0 m from the south and west property line. Up to 25% of the linear facade of the Tower Base may project into the required Stepback.
k. The Tower Base façade shall have a minimum Stepback of 6.0 m from the most north property line. Up to 25% of the linear façade may project into the Stepback.
l. The Tower Top shall encompass the top five to ten (5-10) floors of each Tower and shall incorporate Stepbacks on at least two sides of the Tower.
m. The minimum separation space between any two Towers shall be 25.0 m.
n. Balconies shall be allowed to project a maximum of 1.0 m into the minimum required Stepbacks or Tower separation space.
o. The maximum Upper Podium Floor Plates shall not exceed 3900 m2.
p. The maximum Mid-Tower Zone Floor Plates shall not exceed 750 m2.
q. The maximum Tower Top Floor Plates shall not exceed 675 m2, except that:
 
i. The upper most Storey of the Tower Top Floor Plate shall be a maximum of 600 m2, to create articulation, visual interest, and reduced massing effects.
r. The development shall create a pedestrian friendly environment on 97 Street, 98 Street and 105 Avenue which will include such things as individual ground floor units, fine grain details such as doors, windows and transparency, landscaping and other vertically and/or horizontally articulated features that lend visual interest and a human scale to the development along the street to the satisfaction of the Development Officer.
s. The ground floor façade of the building shall be designed to break the appearance into 10.06 m sections or modules consistently sized with other buildings on the shopping street with multiple opportunities for entrances along 97 Street, 98 Street and 105 Avenue.
t. Amenity Area:
 
i. An average Amenity Area of 7.5 m2 per Dwelling shall be provided on the entire Site including, but not limited to balconies, and patio spaces.
ii. A minimum of 250 m2 communal indoor Amenity Area shall be provided for the entire development. Communal indoor amenity spaces may include, but is not limited to, change room facilities, fitness rooms, and residential meeting rooms.
iii. A minimum of 400 m2 outdoor communal Amenity Areas shall be provided for the entire development on the Podium roof. Communal outdoor amenity spaces may include, but not be limited to gardens and patios.
u. 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).
v. Prior to the issuance of any Development Permit, the owner shall provide proof satisfactory to the Development Officer in consultation with Alberta Environment, the Capital Health Authority, and the Transportation Department that, if necessary, the lands have been remediated to allow the intended uses.
4.2.         Parking, Access, Loading, and Storage
a. Vehicle Parking:
 
i. All required vehicular parking for the Development shall be provided in accordance with Section 54 in the Zoning Bylaw as amended. The Development Officer may consider a variance if a Parking Demand Study is submitted in conjunction with an application for Development Permit to justify any variance in parking requirements.
ii. No vehicular surface parking shall be allowed.
iii. Vehicular parking shall not be permitted on or above the 6th Storey of the building.
iv. No portion of an above grade Parking Garage shall be allowed for a minimum of 8.0 m usable space from any Lower Podium Streetwall facing a public roadway other than a Lane and shall be in general accordance to Appendix VI.
v. All exposed building façades of the Upper and Lower Podium Streetwall shall be architecturally treated to create a unified building exterior, provide above grade Parking Garage screening from view from any public roadway other than a Lane and shall be in general accordance to Appendix VI.
b. Bicycle Parking:
 
i. All required Bicycle Parking Facilities for the Development shall be provided in accordance with Section 54.3 in the Zoning Bylaw as amended. The Development Officer may consider a variance if a Parking Demand Study is submitted in conjunction with an application for Development Permit to justify any variance in parking requirements.
ii. Notwithstanding Section 54.3 Schedule 2 of the Zoning Bylaw, Residential and Residential-Related Use Classes shall be developed with a minimum ratio of 1 bicycle parking space per 6 Dwelling units in a safe and secure location to the satisfaction of the Development Officer.
c. Loading and Storage 
 
i. A minimum of two (2) off-street loading spaces shall be provided at a minimum of 3.0 m width by 6.0m length with an overhead clearance of 4.0m, to be located generally in accordance with Appendix I – Project Site Plan.
ii. Any trash collection areas and storage areas shall be located adjacent to the Lane and shall be within the principal building. Waste collection areas shall be designed to the satisfaction of the Development Officer in consultation with Waste Management and Transportation Services.
iii. Any loading, service, trash collection and Accessory storage areas, and trucking yards shall be located to the rear or sides of the principal building, and shall be screened from view from any public roadway other than a Lane, and from adjacent Sites, by building walls, landscape materials, berms, fences or a combination of these.
d.  Access:
 
i. Vehicular access and egress shall be from an abutting Lane or 98 Street in general accordance with Appendix I - Project Site Plan to the satisfaction of Transportation Services.
ii. The vehicular access shall be located and designed in a manner that provides a clearly defined, safe, efficient and convenient circulation pattern for both on-site and off-site vehicular traffic and pedestrian movements.
iii. The driveway ramps 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
iv. Adequate sight lines shall be maintained for vehicles entering and exiting the parkade, and audio/visual devices will be located at parkade accesses to minimize conflicts with non-vehicular traffic and pedestrians, to the satisfaction of the Development Officer in consultation with Transportation Services.
4.3.         Landscaping
a. Nothwithstanding Section 4.1(g), in the event a Setback is provided, any proposed landscaping within with the Setbacks shall be in accordance with Section 55 of the Zoning Bylaw and to the satisfaction of the Development Officer.
b. In addition to the requirements of Section 55.3 of the Zoning Bylaw, the Landscape Plan and Content shall:
 
i. include landscaping details including proposed sizes and species of plant material and other landscaping elements as applicable within the proposed outdoor communal Amenity Areas;
ii. Consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during cold weather months; and
iii. Be completed by a registered Landscape Architecture and submitted for review and approval by the Development Officer, in consultation with Sustainable Development and Transportation Services, prior to the approval of any development permit.
4.4.        Signage
a. Sign types permitted by this provision may be allowed in accordance with Schedule 59B and the General Provisions of Section 59 of the Zoning Bylaw as amended. Notwithstanding Schedule 59B, Temporary Signs shall be limited to project advertising and residential sale purposes only.
b. A Comprehensive Sign Design Plan in accordance with the Provisions of Section 59.3 of the Zoning Bylaw as amended shall be required to the satisfaction of the Development Officer.
4.5.        Development Regulations for Non-Residential Uses
a. Non-Residential Uses shall not be developed on or above the 9th Storey of the building.
b. Bars and Neighbourhood Pubs, Private Clubs and Nightclubs shall:
 
i. be for less than 200 occupants and occupy no more than 240m2 of Public Space; and
ii. be limited to the Lower Podium level.
4.6.         Affordable Housing
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.
4.7.         Family Oriented Dwellings
a. Notwithstanding the definition of Family Oriented Dwelling in Section 6.1(33) of the Zoning Bylaw, there shall be a minimum of 10 % of Dwelling units developed as Family Oriented Dwellings, which will meet the following criteria:
 
i. The Dwelling has three (3) bedrooms or more; and
ii. The lowest Storey of the Dwelling is no higher than the sixteenth Storey of the Towers.  The Development Officer may consider alternative locations for the proposed Family Oriented Dwellings where the applicant or owner can demonstrate that such Dwellings are easily located and, have convenient access to Common Amenity Areas.
4.8.         Urban Design and Architectural Controls 
a. Development shall be sensitive to the rhythm, articulation, design character, scale, façade and materials colours and textures of the neighbouring block face.
b. Building materials shall be sustainable, durable, high quality and appropriate for the development within the context of the Chinatown North Special Commercial Sub-Area. The contextual fit, design, proportion, quality, texture and application of various finishing materials shall be to the satisfaction of the Development Officer.
c. The exterior of the development shall be finished with high quality materials such as but not limited to glazing, masonry, stone, pre-finished metal and/or painted metal, glass curtain wall, and concrete envelope materials
d. All exposed building façades shall have consistent and harmonious exterior finishing materials.
e. Podium
 
i. At the time of any application for a Development Permit consisting of a minimum increase in Gross Floor Area of 10,000 m2, the Development Officer shall ensure that the existing commercial building shall be included and incorporated into the Podium design.
ii. The building design shall provide for a Podium that integrates elements of the existing character of the Chinatown North Special Commercial Sub-Area and context, and generally in accordance Appendix II - Project North Elevation; Appendix III - Project South Elevation; Appendix IV - Project West Elevation; and Appendix V - Project East Elevation to the satisfaction of the Development Officer.
iii. The Podium shall include design elements such as building Stepback variations, building orientation, articulation around entrance ways, roof treatment, and the choice of quality exterior materials and colours.
iv. At Grade frontages along 97 Street NW, 98 Street NW and 105 Avenue NW shall be developed with active commercial uses. A maximum 30% of the first Storey frontages shall be used for lobbies with the remaining floor space used for commercial uses.
v. The Podium shall incorporate weather protection in the form of a minimum 1.5 m wide intermittent canopy or any other architectural element on the 105 Avenue, 97 Street and 98 Street façades, wherever active commercial frontages exist, such that a minimum of 75% of the length of the building façade is weather protected. Weather protection provided by the current Pacific Rim Mall adjacent to 97 Street and 105 Avenue shall be maintained or improved to the satisfaction of the Development Officer.
vi. A minimum of 65% of the linear Lower Podium Street Wall fronting a public roadway other than a Lane shall have primarily clear glazing on the exterior Street Wall. The placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented shopping street.
vii. Wherever Podium roofs are visible from adjacent developments, the development shall provide enhancements to improve rooftop aesthetics. Enhancements shall include but not be limited to patios, gardens, green roofs or additional Amenity Area in general accordance with Appendix VIII: Communal Outdoor Amenity Space.
f. Tower
 
i. All mechanical equipment shall be screened or concealed from public view in a way that is consistent with the character and finishing of the development.
ii. The Mid-Tower zone shall be differentiated from the Podium and Tower Base, but shall reinforce some of the design details, materials, and architectural expression.
iii. Towers, shall be designed, oriented and constructed to maximize views, articulate the downtown skyline, and allow sunlight penetration at the street level, in public spaces, plazas, parks and amenity areas.
g. Entrances
 
i. A prominent and articulated building entrance shall be provided and located on 97 Street and 105A Avenue and the southeast corner entrance at 105 Avenue and 97 Street.
ii. The Lower Podium shall clearly differentiate the Residential entrances from non-Residential Use class entrances through distinct architectural treatment and address the street in a prominent manner.
iii. Main building entrances for any Use shall be designed for universal accessibility as per the Barrier Free Design Guide published by the Safety Codes Council (Alberta) 2008, as amended.
iv. Parkade entrances shall maintain the architectural harmony with the Street Wall to the satisfaction of the Development Officer.
4.9.         Other Regulations
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 and to highlight portions of the development at night time
b. Night-time light pollution shall be reduced by avoiding over-illumination of the development and use 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.
c. 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.
d. 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 application to the satisfaction of the Development Officer.
4.10.        Green Sustainable Practices and Targets
a. The building shall be designed to meet the requirements of the Green Building Rating System LEEDTM, Canada NC 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 4.10(a).
4.11.         Improvements and Public Amenities
a. Off-site Improvements to serve the Development
  The owner shall enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development. The agreement must be executed prior to the release of drawings for building permit review. 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. Sidewalk improvements to the North Side of 105 Avenue as shown on Appendix I – Project Site Plan, which may include curb extensions along 98 Street north of 105 Avenue, to be coordinated with the 105 Street Corridor to the satisfaction of Transportation Services and Sustainable Development.
ii. The owner to be responsible for the costs of the required streetscape improvements to the portion(s) of road right(s)-of-way abutting a Site (from private property line to the new curb); portions identified by the 105 Avenue Corridor Study; and/or areas identified by the Community Services, Sustainable Development, or Transportation Departments as part of the development. These costs shall be paid to the City of Edmonton as a condition of the approval of a Development Permit. These streetscaping improvements shall include, but are not limited to, new sidewalks, streetlights, boulevard landscaping, boulevard trees, street furniture, and/or the relocation of utilities underground.
iii. Installation of streetlights, boulevard landscaping, street furniture along 97 Street and 98 Street to the satisfaction of Transportation Services and Sustainable Development.
iv. Removal of all existing accesses to 98 Street and to 105 Avenue, construction of the curb & gutter and restoration of the boulevard to the satisfaction of Transportation Services and Sustainable Development.
v. The owner shall register, at no cost to the City, a road plan for the alley and adjoining right-of-way as shown on Appendix I – Project Site Plan, to the satisfaction of Transportation Services and Sustainable Development. The owner shall be required to enter into a maintenance agreement for the 1.5 m landscaped buffer proposed within the alley right-of-way connection to 98 Street.
vi. Construction to a commercial standard of the alley and adjoining right-of-way shall designed to accommodate waste management vehicles and include a 1.5m wide strip along the north for the purposes of landscaping and shall be, as shown on Appendix I – Project Site Plan, to the satisfaction of Transportation Services and Sustainable Development.
vii. 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 will be inspected by Transportation Services prior to the start of construction and once again when construction is complete.
viii. Utilities and services within road right-of-way that must be considered during construction. The owner shall be responsible for the re-location of all underground and above utilities and maintaining required clearances and service standards as specified by the utility companies. Any costs associated with relocations and/or removals shall be at the expense of the owner; and
ix. The west parkade access to 98 Street and the north parkade access to the alley shall be developed in general accordance with Appendix I – Project Site Plan, to the satisfaction of the Development Officer in consultation with Transportation Services.
x. The applicant/owner shall submit a detailed landscape plan and include all existing and proposed utilities within the road right-of-way, pavement materials, streetscape improvements for exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new tree plantings, detailed and other landscaping elements as applicable, and a landscape buffer along the north edge of the Site to the satisfaction of Transportation Services and the Development Officer.
b. Public Art
 
i. As a condition of the Development Permit and prior to the issuance of the Occupancy Permit, the owner shall commission public art to the minimum total value of $350,000.
ii. A minimum of 20% of the total value for public art shall be towards purchased art; and the balance for structured art.
iii. The owners in consultation with the Edmonton Arts Council shall work cooperatively with the Public Art Program.
iv. Public art shall be located on-site and visible from the public realm.
v. If a development application has not been made within five (5) years of the date of passage 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.

Bylaw attachments