Oliver - north of 102 Avenue and east of 121 Street NW
Bylaw 17746 (September 7, 2016)
To accommodate the development of a high density residential building that supports a mix of dwelling types. Regulations will ensure at grade dwellings fronting onto 121 Street NW and the south lane will provide transition to adjacent sites while enhancing and maintaining the pedestrian scale of 121 Street NW.
This Provision shall apply to Lot 349, Block 20, Plan 0421220 and Lot 34, Block 20, Plan 4423AJ located to the east of 121 Street NW, as shown on Schedule “A” of this Bylaw, adopting this provision, Oliver.
| a. | Apartment Housing |
| b. | Child Care Services |
| c. | Minor Home Based Business |
| d. | Residential Sales Centre |
| e. | Specialty Food Services |
| f. | Facia On-premises Signs |
| g. | Projecting On-premises Signs |
| h. | Temporary On-premises Signs |
| a. | The development shall be in general conformance with the attached appendices, to the satisfaction of the Development Officer. | ||||||||
| b. | The maximum Floor Area Ratio shall be 6.5. | ||||||||
| c. | The maximum Height shall be 60 m. | ||||||||
| d. | The maximum number of Dwellings shall be 140. | ||||||||
| e. | Setbacks shall be as follows as illustrated in Appendix I:
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| f. | Notwithstanding Section 4.e of this Provision, the following Setbacks shall apply to the portions of the development above 11.0 m in height, referred to as the “Tower”, as illustrated in Appendix II:
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| g. | The minimum Setback for Specialty Food Services from the west Lot line shall be 2.0 m to accommodate outdoor seating space. | ||||||||
| h. | The podium development within the Tower Setbacks shall be a minimum of 2 Storeys and have a maximum Height of 11.0 m. | ||||||||
| i. | The Floor Plate of the Tower shall not exceed 850 m2. | ||||||||
| j. | Balconies and balcony supports may project a maximum of 2.5 m into the Tower Setbacks, however the 2.5 m projection shall not encroach upon City owned lands. | ||||||||
| k. | A minimum Amenity area of 7.5 m2 per Dwelling shall be provided. | ||||||||
| l. | A minimum of 6 Dwellings shall be Family Oriented Dwellings and located at Grade. | ||||||||
| m. | A variance may be granted to the regulations of Section 48 of the Zoning Bylaw, if it can be demonstrated that privacy and appropriate screening is maintained through other measures to the satisfaction of the Development Officer. | ||||||||
| n. | Notwithstanding Section 48.2(3) of the Zoning Bylaw, where the sill of a Principal Living Room Window is at least 1.0 m above the elevation of the publicly accessible exterior area immediately outside the window for a distance of at least 4.5 m out from the window, no Privacy Zone is required. | ||||||||
| o. | Signs shall be developed in accordance with the General Provisions of Section 59 and Schedule 59B of the Zoning Bylaw. | ||||||||
| p. | Specialty Food Services shall only be located at Grade, accessed from 121 Street NW through a separate external entrance from the main residential entrance, be limited to a maximum of one such Use on the site and have a maximum of 200 occupants and 240 m2 of Public Space. | ||||||||
| q. | Child Care Services shall be developed in accordance with Section 80 of the Zoning Bylaw andshall be located at Grade and be limited to a maximum of 30 children. An outdoor play space shall be provided with a minimum area that is 50% of the Child Care Service Use area and shall be screened and secured by perimeter fencing of at least 1.83m in height. Additional screening shall be provided through the use of shrubs or perennial plantings. | ||||||||
| r. | Temporary On-premises Signs shall exclude trailer mounted signs and/or signs with changeable copy. | ||||||||
| s. | A Wind Impact Statement shall be prepared by a qualified, registered Professional Engineer and be submitted with the Development Permit Application for a principle building. A Wind Impact Study prepared by a qualified, registered Professional Engineer, prepared to professional standards, may be required if the Wind Impact Statement indicates that uncomfortable or unsafe conditions may result from the building design. | ||||||||
| t. | A Sun Shadow Impact Study shall be prepared by a qualified, registered Professional Engineer or Architect, to professional standards and be submitted with the Development Permit Application for a principle building. | ||||||||
| u. | A Crime Prevention through Environmental Design (CPTED) assessment shall be submitted, reviewed and accepted by the Development Officer prior to the issuance of the Development Permit to ensure that the development of the Site provides a safe and urban environment in accordance with the guidelines and principles established in the Design Guide for the Safer City. | ||||||||
| v. | Notwithstanding the other regulations and appendices of this Provision and Section 720.3(2) of the Zoning Bylaw, in the event that the owner/developer does not obtain a Building Permit and commence construction under a valid Development Permit for a principal building within 10 years of the date of the passage of the Bylaw adopting this Provision, development of the Site shall be developed in accordance with this Provision except that:
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| a. | A minimum of 125 to a maximum of 200 vehicular parking spaces shall be provided within an underground parkade. Vehicular access and egress shall be provided off the Lane abutting the east Lot line to the satisfaction of the Development Officer in consultation with Urban Transportation. |
| b. | For Specialty Food Service Uses no vehicular parking shall be required. A minimum of 4 bicycle parking spaces shall be provided. |
| c. | Child Care Services Uses shall provide a maximum of 3 at Grade vehicular drop off spaces and 3 vehicular employee parking spaces accessed from the Lane abutting the east Lot line |
| d. | 1 off-street vehicular loading space shall be provided at Grade accessed off the Lane abutting the east Lot line. |
| e. | In addition to the vehicular parking spaces required in section 5(a) of this Provision, a minimum of 12 Visitor vehicle parking spaces shall be provided at Grade accessed from the Lane abutting the east Lot line. Landscape enhancements shall be incorporated to improve aesthetics of at Grade parking area, to the satisfaction of the Development Officer. |
| f. | Notwithstanding Section 54.3, Schedule 2 , and in addition to the spaces provided in clause 5(b), a minimum of 20 Bicycle Parking Spaces shall be provided and located on Site in a secure enclosed area within or attached to the principle building that is easily accessible to cyclists via access ramps, or a route through the building which facilitates easy and efficient transportation of bicycles. |
| g. | The underground driveway ramp must not exceed a slope of 6% for a minimum distance of 4.5 m inside the Lot line, or be to the satisfaction of the Development Officer in consultation with Urban Transportation. The ramp must be at Grade at the Lot line. |
| h. | Any underground parking access card devices must be located on Site, a minimum of 3 m inside the Lot line. |
| i. | 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 Lot line and no portion of the wall may encroach onto road right-of-way. If this cannot be achieved, adequate sight lines shall be maintained for vehicles entering and exiting the underground parkade, to the satisfaction of the Development Officer in consultation with Urban Transportation. |
| j. | Parkade(s) developed below Grade shall be permitted to be built to the Lot lines. The Development Officer shall ensure excavation and hoarding associated with the construction of the below Grade parkade does not encroach on the abutting properties or road right-of-way without the appropriate agreements for such encroachments. |
| k. | The above Grade portion of the parkade shall not exceed 1 m above the Grade of the land adjacent to the parkade. Any above Grade portion of the parkade structure that is within the setbacks listed in section 4.e shall be screened, articulated or form part of an above Grade feature, such as bay windows, front porches, Landscape terraces, patios, entrance features, etc., to the satisfaction of the Development Officer. |
| l. | Any trash collection area or storage area, shall be located adjacent to the lane abutting the east Lot line and shall be within the principle building. |
| a. | Landscaping Plans shall incorporate native and/or drought tolerant species into the Landscaping design and shall consider the use of plant material that provides colour and texture throughout the year. | ||||||
| b. | Notwithstanding Section 55 of the Zoning Bylaw, to the satisfaction of the Development Officer, the development shall have a minimum of:
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| c. | Fencing along the north property line shall be as follows to the satisfaction of the Development Officer:
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| d. | Existing boulevard trees shall be protected as per Parks and Planning ‘Large Tree Hoarding’, drawing L100. All components and workmanship shall conform to the specification Section 02930 Trees, Shrubs, and Groundcovers as well as related sections. The following shall also apply:
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| a. | The development shall be finished with durable high quality materials. The contextual fit, design proportion, quality, texture, and application of various finishing materials shall be to the satisfaction of the Development Officer. |
| b. | The use of vinyl siding and Portland cement stucco as a finishing material shall be prohibited. |
| c. | All ground level Residential Dwellings shall be articulated as individual units with individual exterior entrances and have an Amenity Area in front of each at-grade Dwelling exterior entrance that shall be provided in a manner that establishes a transition area between the Amenity Area and the adjacent public roadway (including a Lane). This shall be achieved by using landscape features such as decorative fencing, change in Grade, shrub beds or rock gardens and/or built elements such as private entrance features and verandas or porches. |
| d. | The location of windows and Amenity Areas within the podium shall be designed to minimize overlook into adjacent properties. |
| e. | The residential Tower entrance shall be oriented to face and front 121 Street NW and shall be clearly visible and distinct. It shall feature designs that enhance its prominence, and provide lighting adequate to identify these areas at night, to the satisfaction of the Development Officer. |
| f. | Window treatments for Specialty Food Services shall be comprised of transparent, non-reflective, non-tinted, unobscured glazing. Glazing with minor reflectivity or tinting may be permitted if it is to contribute to sustainable building practices related to energy transmission of the glazing and if the negative impacts on visual transparency are not significant to the satisfaction of the Development Officer. |
| g. | Any portion of the parkade entrance that is exposed shall be designed and articulated to the satisfaction of the Development Officer. |
| h. | 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 in accordance with Section 58 of the Zoning Bylaw and to highlight the development at night time, to the satisfaction of the Development Officer. |
| i. | Night-time light pollution shall be reduced by avoiding over-illumination of the development and by using exterior lighting fixtures that are full cut-off in design which direct light downward, to ensure illumination does not extend beyond the boundaries of the development Site in accordance with Section 51 of the Zoning Bylaw. |
| j. | All mechanical equipment, including roof mechanical units, surface level venting systems, and transformers shall be concealed by screening in a manner compatible with the architectural character of the building or concealed by incorporating them within the building framework and be oriented to minimize negative impacts on Amenity Areas, public roadways other than Lanes, and surrounding properties. |
| a. | The top of the Tower shall contribute to the ’signature’ of the building and the City’s skyline through sculpting of the upper floors and roofs. |
| b. | The rooftop of the Tower shall be designed with penthouses to accommodate mechanical equipment, and reduce the heat island effect. |
| c. | Wherever podium roofs are visible from existing adjacent developments, the development shall provide enhancements to improve rooftop aesthetics. These enhancements may include, but are not limited to, landscape features, amenity space, screening elements and improved aesthetic rooftop materials, to the satisfaction of the Development Officer. |
| a. | As a condition of the Development Permit, the development shall include publically viewable artwork(s). Artworks shall be commissioned or purchased by the owner(s). All costs and procedures related to the procurement of the artworks shall be the responsibility of the owner(s). |
| b. | The public art may take the form of Structural Art which includes artworks created through artistic application of hard Landscaping on the site. These applications may include but are not limited to benches, a feature canopy, decorative gates, decorative lighting and decorative fencing, to the satisfaction of the Development Officer. |
| c. | Upon installation of the artwork(s), the owner(s) shall demonstrate the artwork(s) have a minimum value of $50,000 exclusive of any administrative costs associated with the commissioning/purchasing of the artwork(s), to the satisfaction of the Development Officer. |
| a. | The owner(s) shall design and construct a 1.2 m wide concrete walkway adjacent to the southern Lot line to the satisfaction of the Development Officer. |
| b. | Prior to the release of drawings for Building Permit review, except for an excavation permit, the Development Officer shall ensure that a signed agreement between the City and the owner, requiring the Owner to provide the City at the time of Building Permit approval, the option to purchase 5% of the proposed number of residential units at 85% of the market value. If the Owner enters into a comparable agreement, to the satisfaction of the Development Officer, with another affordable housing organization/charity/society (i.e. Habitat for Humanity), then the agreement with the City shall not be required. |
| a. | Prior to the release of drawings for Building Permit review, the owner shall enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development, such improvements to be constructed at the owner’s cost. The Agreement process includes an engineering drawing review and approval process. Improvements to be addressed in the Agreement include but are not limited to the reconstruction of the lanes adjacent to the site to the south and east to a commercial standard. |
| b. | For the Lane abutting the south Lot line of the Site, such improvements shall include decorative paving, patterning, and other materials or approaches to provide a more pedestrian friendly lane to the satisfaction of the Development Officer in consultation with Urban Transportation. |