DC2 928

Oliver - north of Jasper Avenue and west of 120 Street 

Bylaw 17695 (July 11, 2016)

To facilitate the development of a mixed-use, high-rise building that accommodates residential, neighbourhood-oriented retail, and commercial office space, and supports the development of a pedestrian shopping street.

The provision shall apply to Lots 1-4, Block 20, Plan 4423AJ; as shown on Schedule “A” of the Bylaw adopting this DC2 provision, Oliver

a. Apartment Housing
b. Bars and Neighbourhood Pubs
c. Business Support Services
d. Child Care Services
e. Convenience Retail Stores
f. Fascia On-premises Signs
g. General Retail Stores
h. Government Services
i. Health Services
j. Live Work Units
k. Minor Alcohol Sales
l. Minor Home Based Business
m. Personal Service Shops
n. Professional, Financial and Office Support Services
o. Projecting On-premises Signs
p. Residential Sales Centre
q. Restaurants
r. Specialty Food Services
s. Temporary On-premises Signs

4.1.     General Regulations

a. The development shall be generally in accordance with the attached appendices, to the satisfaction the Development Officer.
b. The maximum Floor Area Ratio (FAR) shall be 9.7.
c. The maximum Height shall be 114.0 m.
d. The minimum Height of the Podium shall be 7.0 m and the maximum Height of the Podium shall be 14.0 m.
e. The maximum number of Dwelling Units shall be 400.
f. Minimum Building Setbacks from the Property line shall be as follows, as shown in Appendix I: Site Plan:
i. 7.0 m on the north façade;
ii. 2.0 m on the east façade;
iii. 1.0 m on the south façade other than building variations to provide wall articulation and entrances; and,
iv. 0.5 m on the west façade.
g. Minimum Tower Stepbacks shall be as follows, as shown in Appendix I: Site Plan:
i. 1.0  m on the north façade;
ii. 11.0 m on the east façade;
iii. 6.0 m on the south façade; and,
iv. 14.0 m on the west façade.
h. Minimum parkade Setback from the Property Line shall be 0 m.
i. The maximum tower Floor Plate shall be 850 m2.
j. Notwithstanding Section 46 of the Zoning Bylaw, a minimum residential Amenity Area of 7.0 m2 per Dwelling shall be provided on the Site.
k. Notwithstanding Section 46.3 of the Zoning Bylaw, balconies with a minimum depth of 1.5 m may be used to satisfy required Amenity Area.

4.2.    Parking, Loading, and Storage

a. Notwithstanding Section 54.2 of the Zoning Bylaw, offstreet vehicular parking shall be provided on the basis of:
i. Residential and Residential Related uses: minimum 0.625 stalls per residential dwelling unit
ii. Professional, Financial and Office Support Services use: minimum 15 stalls
iii. All other Commercial uses: 1 stall per 288 m2
iv. Visitor stalls for Residential and Residential Related uses: 10 stalls
b. A maximum of 7 parking required shall be located at Grade at the rear of the building off the rear lane.
c. Except for the at Grade parking stalls required in section 4.2(b) of this Bylaw, all parking shall be within an underground parking facility.
d. Vehicular access and egress shall only be provided off the Lane abutting the development.
e. The driveway ramp for the underground parking facility shall be at grade at the Property line and shall not exceed a slope of 6% for a distance of 4.5 m inside the Property line, or to the satisfaction of the Development Officer in consultation with Urban Transportation.
f. Retaining walls bordering the underground driveway/parkade ramp, 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 to ensure vehicles can exit safely to the satisfaction of the Development Officer in consultation with Urban Transportation.
g. Gates and doors of the garbage enclosure must not open or encroach into road right-of-way.
h. Any underground parking facility access card devices must be located on Site, a minimum of 3 m inside the Property line.
i. Adequate sight lines shall be maintained for vehicles entering and exiting the underground parking facility to the satisfaction of the Development Officer.
j. Interior and exterior bicycle parking on the Site shall be developed in accordance with Section 54.3 of the Zoning Bylaw, except that a minimum of 300 bicycle parking stalls shall be provided within the underground parkade facility.
k. Notwithstanding Schedule 3 of Section 54.4 of the Zoning Bylaw one loading space shall be provided. The loading space shall be located within the building and screened in general accordance with Appendix I: Site Plan.
l. Loading, storage and garbage collection areas shall be located within the building. The garbage collection area shall be designed to the satisfaction of the Development Officer in consultation with Urban Transportation.

4.3.    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.

Notwithstanding Schedule 59B, one Fasica On-Premises sign shall be permitted on the north façade.

i. The maximum area of the Fascia On-Premises sign shall not exceed 2m2 and shall be limited to the first Storey.
c. A Comprehensive Sign Design 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 new building construction Development Permit Application to the satisfaction of the Development Officer.

4.4.    Landscaping

a. Landscaping for the Site shall be generally in accordance with Appendix II: Landscape Plan.
b. A detailed Landscape Plan for the Site, including front entry, roof top outdoor amenity spaces, and all existing and proposed utilities within the road right-of-way shall be submitted for review and approval by the Development Officer prior to the issuance of any Development Permit.
c. The Landscape Plan shall include pavement materials, exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new tree plantings, detailed and other landscaping elements as applicable.
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 cold weather months.
e. Hard surfacing shall be provided within the Building Setback area adjacent to Jasper Avenue and 120th Street to the satisfaction of the Development Officer, in general accordance with Appendix II: Landscape Plan.
f. All boulevard trees shall be removed and replaced with a larger enhanced growing medium to the satisfaction of the Development Officer.

4.5.    Development Regulations for Commercial Uses

a. The maximum Floor Area for all Commercial Uses shall not exceed 3,400 m2.
b. Convenience Retail Stores, Minor Alcohol Sales, and Specialty Food Services shall be limited to the first floor of development. Other Commercial uses shall be limited to the Podium.
c. Only 1 Bar and Neighbourhood Pub Use shall be permitted within the development. The Bar and Neighbourhood Pub Use shall be limited to a maximum of 350 occupants and 300 m2 of Public Space, excluding exterior patio/deck space.
d. Personal Services Shops Use shall not include Body Rub Centres.
e. Residential Sale Centre Uses shall be limited to the marketing of on-site condo or rental units.
f. Temporary On-Premises Signs shall be limited to projecting and residential sale purposes only, excluding trailer mounted signs and signs with changeable copy.

4.6.    Urban Design and Architectural Controls

a.

The exterior of the building shall be finished with high quality materials in general accordance with Appendix III: Elevations and shall be finished with some or all of the following materials to the satisfaction of the Development Officer:

i.

The Podium exterior shall be finished with clear storefront glazing curtain wall and metal panel.
ii. The Tower exterior shall be finished with window wall and metal panel.
b. The Building shall be designed and oriented to Jasper Avenue and 120 Street.
c. Residential uses and Residential Related uses shall have a main entrance at Grade that is separated from the commercial premises.
d. Ground level Non-Residential Uses shall have separate and direct access to the street.
e. Notwithstanding Section 4.6(d) of this Bylaw, there shall only be one Non-Residential Use with access through an internal atrium.
f. The Building shall be designed to include the use of different architectural elements and treatments, articulated façades, and materials to add variety, rhythm, break up the massing and provide a sense of human scale.
g. A minimum of 75% of the linear frontage of the ground floor façade fronting onto a public roadway other than a lane shall consist of transparent glazing. Linear frontage shall be measured as the horizontal plane at 1.5 m above Grade.
h. The facades of the building at the street level shall be designed to break up the massing and give the appearance of section or modules through a combination of recesses, projections, change in building materials, colors, and/or a physical breaks in building to the satisfaction of the Development Officer.
i. Decorative exterior and security lighting shall provide a safe, well-lit pedestrian environment that complements the architectural features and finishes while minimizing light trespass and sky glow to the satisfaction of the Development Officer. Particular attention shall be given to minimizing light trespass into the property immediately north of the Site.
j. Weather protection in the form of a canopy or any other architectural element shall be provided above the Building entrances on Jasper Avenue and 120 Street to create a comfortable environment for pedestrians.
k. 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.
l. Wherever Podium roofs are visible from existing adjacent developments, the development shall provide enhancements to improve rooftop aesthetics to the satisfaction of the Development Officer. Enhancements may include patios, gardens, green roofs or additional Amenity Area.
m. The Tower shall contribute to the “signature” of the building and the City’s skyline through treatment of the upper floors and roof. The Tower shall provide articulation and visual interest, and reduce massing effects by combination of sculpting of the building, variation of material / colour, or other means to the satisfaction of the Development Officer.
n. Entrance locations shall provide a distinct break of façade into smaller modules.

4.7.    Sustainability Practices and Targets

a. The design and implementation of the development shall apply techniques to reduce consumption of water, energy and materials consistent with best practices in sustainable design. Upon submission of a Development Permit application, the applicant shall submit a detailed report, endorsed by a registered professional engineer or architect, indicating how the Sustainable Practices and Targets will be achieved upon construction completion. The minimum design targets shall be generally in accordance with Appendix IV: Sustainability Practices and Targets.

4.8.    Improvements

a.

As a condition of a Development Permit, the owner shall enter in to an Agreement with the City of Edmonton for off-Site improvements. Improvements shall be constructed at the owner's expense. The Agreement shall include an engineering drawing review and approval process. Improvements to be addressed in the Agreement shall include but are not limited to the following:

i. Resurfacing of the rear Lane directly adjacent to the site along the north property line to the satisfaction of the Development Officer in consultation with Urban Transportation.
ii. Construction of a boulevard along 120 Street within the road right-of-way directly adjacent to the Site to the satisfaction of the Development Officer in consultation with Transportation Services.
iii. Planting boulevard trees along 120 Street within the newly constructed road right-of-way directly adjacent to the Site to the satisfaction of the Development Officer in consultation with Transportation Services. 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 Development Officer in consultation with Transportation Services.
iv. Streetscape improvements, including tree plantings, shall be in general accordance with the Appendices I – III of this zone to the satisfaction of the Development Officer in consultation with Urban Transportation.  Details of improvements will be reviewed with engineering drawings. The streetscape improvements shall be in accordance with any plan that is in effect at the time of the new building construction Development Permit and shall be to the satisfaction of the Development Office in consultation with Urban Transportation.
v. Prior to the issuance of a Development Permit, the owner shall enter into an agreement with the City of Edmonton whereby the owner shall provide a contribution $6.95/m2 of Floor Area for the proposed development excluding the underground parking facility. This contribution shall take the form of structural art integrated as part of the building design and public information placards to explain the design features supporting the blind and visually impaired.
vi. Upon completion of the building, the Owner shall demonstrate, to the satisfaction of the Development Officer, that the public art described in the public art plan submitted at the time of Development Permit application is located as specified.
vii. 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.

4.9.    Other Regulations

a. A Crime Prevention Through Environmental Design (CPTED) 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).
b. A detailed Wind Impact Statement shall be prepared by a qualified, registered Professional Engineer. The Wind Impact Statement shall be submitted with the development permit to the satisfaction of the Development Officer.
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 offsite, consistent with recommendations of appropriate studies to the satisfaction of the Development Officer.
d. If required by the Development Officer, any Environmental Site Assessment studies and ESA environmental remediation work shall be undertaken and verified to the satisfaction of the Development Officer in consultation with the Alberta Environment and Parks, Alberta Health and the City of Edmonton Transportation Services prior to the release of drawings for Building Permit review, other than excavation or Sign permits. If required, the Development Officer shall impose any conditions necessary to ensure the area that is subject to the Development Permit application is suitable for the full range of Uses contemplated in the Development Permit application.
e. Prior to the release of drawings for Building Permit review, except for a below grade or excavation permit, the Development Officer shall ensure that a signed agreement(s) has been executed between the Owner and Canadian National Institute for the Blind, confirming that a maximum of 5% of the Dwellings shall have the option to be purchased by (in a condo offering), or priority access be provided (in a rental offering) to users, members and/or employees of the organization below market rate.
f. Notwithstanding the other Development Regulations and Appendices of this zone, in the event that the owner / developer does not obtain a Building Permit and commence construction under a valid Development Permit for the development within 10 years of the passage of this Bylaw, the maximum FAR shall be 6.0.

Bylaw attachments