DC2 958

To accommodate a Publicly Accessible Private Park and a high rise residential Tower that allows for the opportunity to provide Supportive Community Living uses, with site specific design controls to reduce the mass, sun shadow and view impacts to ensure compatibility with the neighbouring properties and a pedestrian friendly environment along 102 Avenue and Clifton Place.

This Provision shall apply to Lots 7-10 Block 39 Plan 577MC and Lot 1, Block B, Plan 2955EO, located south of 102 Avenue NW, between 125 Street NW and Clifton Place, as shown on Schedule A of this Bylaw, adopting this Provision.

Figure 1 – Areas

Area A

a.	Apartment Housing
b.	Business Support Services
c.	Community Recreation Services
d.	Convenience Retail Stores
e.	Extended Medical Treatment Services
f.	General Retail
g.	Group Home
h.	Limited Group Homes
i.	Lodging Houses
j.	Minor Home Based Businesses
k.	Personal Service Shop
l.	Professional, Financial and Office Support Services
m.	Residential Sales Centre
n.	Specialty Food Services
o.	Fascia On-premises Signs
p.	Freestanding On-premises Signs
q.	Projecting On-premises Signs
r.	Temporary Signs

Area B

a.	Publicly Accessible Private Park

a.

Development shall be in accordance with the following regulations and in general conformance with the attached Appendices.

b.

Area B shall be developed as a Publicly Accessible Private Park.

c.

The maximum Floor Area Ratio for Area A shall be 4.5.

d.

The maximum number of Dwellings/Sleeping Units for Area A shall be 175.

e.

Notwithstanding Section 4(d) of this Provision, an additional 115 Dwellings/Sleeping Units shall be permitted provided that these additional units are developed in conformance with Section 94 of the Zoning Bylaw.

f.

Notwithstanding Section 4(c), an additional maximum 2.0 FAR shall be permitted for the provision of additional Dwellings/Sleeping Units that are provided in conformance with Section 94 of the Zoning Bylaw,

g.

Building Setbacks from property line shall vary to articulate the façade, accommodate vehicle and pedestrian access, create amenity spaces, and break up the massing of the podium, and shall be provided as follows and in conformance with Appendix II and III:

i.	1.5 m to 7.0 m from the north Lot line;
ii.	1.5 m to 20.0 m from the west Lot line ;
iii.	1.5 m to 10.0 m from the east Lot line; and
iv.	4.0 m to 7.0 m from the south Lot line;

h.

The maximum Building Height shall be 85 m.

i.	A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided.
i.	Notwithstanding 4.j of this Provision, Amenity Area for Supportive Community housing shall be provided in conformance with Section 94 of the Zoning Bylaw.
ii.	Private Amenity Area may include balconies with a minimum depth of 1.5 m for each balcony.
iii.	A minimum 300 m2 of outdoor common Amenity Area shall be provided on balconies and/or rooftop amenity areas located on the podium or tower.

j.

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 framework.

k.

The maximum total Floor Area for any Non-residential Uses shall not exceed 210 m2, and shall be limited to the first Storey of the Tower podium.

l.

Residential Sales Centres shall be limited to the sale or leasing of units located on the site

4.2. Signage

a.

Signs shall be developed in conformance with Schedule 59B and in conformance with the Zoning Bylaw.

b.

A Comprehensive Sign Plan and Schedule, in conformance with the Zoning Bylaw, shall be prepared for the development and submitted with the Development Application to the satisfaction of the Development Officer.

c.

Temporary Signs shall be limited to project advertising and residential sale purposes only.

d.

A maximum of two (2) freestanding on-premises signs shall be permitted within Area A and shall be limited to prominent locations for vehicular or pedestrian access.

i.	the maximum Height for Freestanding On-premises Signs shall be 1.8 m;
ii.	the maximum Area for any Freestanding On-premises Sign shall not exceed 3 m2.

e.

A maximum of one (1) freestanding on-premises sign shall be permitted within Area B, located generally at the entrance to the park from Clifton Place.

4.3. Access, Parking, and Loading

a.

Vehicular access and circulation shall be developed in general conformance with Appendix I.

i.

The specific location of the access and egress to Clifton Place Rd from the rear lane is generally shown in Appendix 1. At the time of detailed design for the site, if safe operation and alignment with Clifton Place roadway can be ensured, the specific access location can be shifted to the northwest along the Clifton Place roadway, on city right of way. This would include the accompanying redistribution of the enhanced landscaping features to the east side of the access, currently identified on Appendix 1. The details of the specific location and access design will be reviewed to the satisfaction of the Development Officer in consultation with Transportation Services at Development Permit stage.

b.

Residential Vehicular parking shall be provided in conformance with the Zoning Bylaw.

c.

All Vehicular Parking shall be provided within an underground Parking Garage, accessed from the Lane.

d.

Bicycle Parking for Residential Uses shall be provided in an amount equal to at least 50% of the number of Dwellings, excluding Supportive Community housing, proposed in a Development Permit application and a minimum of 80% of the total bicycle parking shall be provided in a secure location within the podium or underground that is easily accessible to cyclists via access ramps or a route through the building which facilitates easy and efficient transportation of bicycles.

e.

Additional parking and loading spaces shall not be required for Uses accessory to Residential or Residential-related uses.

f.

Waste collection areas shall be located within the building. The waste collection areas shall be designed to the satisfaction of the Development Officer in consultation with Transportation and City Operations.

g.

The driveway ramp for underground parking structures shall be at Grade at the Lot line and must not exceed a slope of 7.5% for a distance of 4.5 m from the beginning of the ramp, or to the satisfaction of Transportation.

h.

Retaining walls adjacent to parkade ramps shall not exceed 0.3 m in height within 3.0 m of property line.

i.

The drop-off/lay-by areas shall be located in general conformance with Appendix I. The design of the drop-off/lay-by areas shall ensure safe movement and crossing of pedestrians and shall be to the satisfaction of the Development Officer and Transportation.

j.

Any underground parking access card devices must be located on Site, located a minimum of 3 m inside the property line or below Grade.

k.

Service and emergency response vehicles shall have clear and effective access to the buildings on the Site to the satisfaction of the Development Officer in consultation with Transportation and Fire Rescue Services.

4.4 Landscaping

a.

To ensure that a high standard of appearance and a sensitive transition to the surrounding land uses are achieved, a Landscape Plan prepared by a registered Landscape Architect shall be submitted as a condition of the issuance of the development permit for the development and adjacent road right-of-way, to the satisfaction of the Development Officer.

b.

In addition to meeting the requirements of the Zoning Bylaw, the Landscape Plan shall:

i.	Include details of pavement materials, exterior lighting location, and other landscape elements as applicable, taking into consideration the maximization of views and functionality of the site.
ii.	Preserve and protect existing trees as specified in Appendix IV, Illustrative Landscape Plan. An inventory, evaluation and valuation of the existing trees located within a proposed area of development shall be undertaken by a certified arborist at the time of the development permit application submission as part of the Landscape Plan.
iii.	Present a plant material palette that provides a variety of colors and textures to create seasonal interest particularly during the winter months, as illustrated in Appendix IV: Illustrative Landscape Plan.
iv.	Provide a layout of plant material which generally presents blocks of similar species laid out in bold patterns. The intent is to provide a natural palette, installed within an urban environment.
v.	Include details for the landscaping of Area B, the Publicly Accessible Private Park

c.

Existing trees preserved on the Site shall count towards the landscaping requirements.

d.

The proportion of deciduous to coniferous trees and shrubs shall be approximately 60:40 to the satisfaction of the Development Officer.

e.

Area A may be developed with soft landscaping including turf grass, ground cover, perennials, shrubs and trees installed in the appropriate soil depth to support growth. At grade amenity space may be hard surfaced and comprised of concrete or paving stone surface with a high quality finish or pattern. Granular or organic mulch is not acceptable unless it can be demonstrated that it is appropriate for a specific application or area to the satisfaction of the Development Officer.

f.

Area B may be developed with public art, hard and/or soft landscaping, seating areas, play structure, and/or bicycle facilities and used for passive and active recreation. Landscaping design and materials shall be of a high standard and suitable for its prominent location top of the River Valley to the satisfaction of the Development Officer

g.

Common outdoor amenity areas, such as roof top or podium roof terraces shall be developed with hard and/or soft landscaping, garden boxes, seating areas, or other complementary amenities.

h.

Landscaping along the road right-of-way adjacent to Clifton Place shall be in general conformance with Appendix IV, Illustrative Landscape Plan, to the satisfaction of the Development Officer in consultation with Transportation.

i.

Streetscaping shall be enhanced from the typical landscaping to include concrete sidewalks, shrubs, perennial, trees, benches, and lighting incorporated in clusters that are integrated with the overall site planning and building architecture, to the satisfaction of the Development Officer in consultation with Transportation.

4.5 Pedestrian Connections

a.	Pedestrian circulation shall be developed in general conformance with Appendix I. Internal site circulation in the form of a multi-use trail or pedestrian connection shall provide connection through Clifton Place and to the public areas, to the satisfaction of the Development Officer in consultation with Transportation.
b.	Public roadways and pedestrian paths within the sites shall be illuminated at night with pedestrian scale roadway lighting through the use of full cut-off lighting fixtures to direct lighting where required.
c.	A detailed exterior lighting plan shall be prepared for the portion of the Site being developed to create a safe lit environment. The exterior lighting plan shall be provided to the satisfaction of the Development Officer, prior to approval of any development permit. Exterior lighting for landscaped areas shall be consistent throughout all phases of the development.
d.	The Owner shall submit a Crime Prevention Through Environmental Design (CPTED) Assessment that shall be to the satisfaction of the Development Officer prior to the issuance of a Development Permit to ensure that development on the Site provides a safe urban environment in conformance with the guidelines and principles established in the Design Guide for a Safer City (City of Edmonton, 1995).
e.	Where appropriate, pedestrian wayfinding signage shall be provided to the satisfaction of the Development Officer and Transportation.
f.	A raised pedestrian crossing shall be provided across Clifton Place to connect Area A to the Publicly Accessible Private Park and at the lane entrance from Clifton Place, in general conformance with Appendix IV. The design of the pedestrian crossing shall be to the satisfaction of the Development Officer in consultation with Transportation.

4.6 Geotechnical Requirements

a.

Development of the Site shall comply with the requirements of Sections 14.1 and, where applicable, 811 of the Zoning Bylaw. Prior to the issuance of a Development Permit a geotechnical report shall be undertaken by a Qualified Professional Engineer and be approved to the satisfaction of the Development Officer, in consultation with the City's Geotechnical Engineer, Transportation.

4.7 Other Regulations

a.

A Wind Impact Study shall be prepared by a qualified, registered Professional Engineer in conformance with the Zoning Bylaw. The Wind Impact Study shall be submitted with the Development Permit application and any mitigation measures that ensure the space is fit for the intended Uses shall be implemented to the satisfaction of the Developer Officer prior to the issuance of the Development Permit.

b.

A Sun Shadow Study shall be submitted with the Development Permit application for any new development or addition to a development with a proposed Height over 16.0 m in conformance with the Zoning Bylaw. The study shall be reviewed by the Development Officer and mitigation measures that ensure the shadow impacts are adequately mitigated to the satisfaction of the Development Officer shall be implemented prior to the issuance of the Development Permit.

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 in conformance with the Zoning Bylaw and to the satisfaction of the Development Officer.

d.

Prior to the issuance of a Development Permit, except for Development Permits for demolition, excavation, shoring or signage, 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 Dwellings, excluding the Dwellings/Sleeping Units developed in conformance with Section 94 of the Zoning Bylaw, at 85% of the market price, or as prescribed in any future City of Edmonton’s Affordable Housing Policy initiatives, or, at the discretion of the owner, pay cash in lieu to the City.

e.

Notwithstanding the other Development Regulations and Appendices of this Provision, in the event that the owner/developer does not obtain a Development Permit and commence construction in Areas A under valid Development Permit within 10 years of the passage of the Bylaw adopting this Provision, development within Area A shall be in accordance with this Provision, except that:

i.	the maximum Floor Area Ratio shall be 4.5;
ii.	the maximum number of dwellings shall be 101; and
iii.	The maximum Floor Plate shall be 650m2.

5.1 Frontages

a.	The building shall be designed to reflect 360 degree architecture with all exposed building facades having consistent and harmonious exterior finishing materials.
b.	Building Façades shall be designed with detail and articulation to create attractive streetscapes and interfaces. Building Façades shall be articulated through means which may include the use of recesses, entrances, entrance features, windows, projections, change in building materials, colours, and/or physical breaks in building mass.
c.	Where the development is located on a corner, the development shall address both public roadways and provide distinctive architectural features consistent with the style of the building to enhance the corner.
d.	A minimum of 60% of the linear frontage of the ground floor façade facing onto Clifton Place and 102 Avenue shall consist of transparent glazing that is considerate of optimizing views to and from the Public Roadways. . Linear frontage shall be measured as the horizontal plane at 1.5 m above Grade.
e.	Commercial uses shall have separate entrances from Residential and Residential-related Uses facing the public roadway.
f.	Notwithstanding section 5.1(d) of this Provision, Commercial Uses which are accessory to the Residential and Residential-related Uses shall not require separate entrances from Residential and Residential-related Uses.
g.	Ground Storey Commercial Uses shall be designed using a pattern of small frontages no more than 10.0 m in width at street level.
h.	Where Commercial Uses are provided on the ground level, the geodetic elevation of the top of the ground floor shall not exceed the geodetic elevation of the abutting public sidewalk by more than 0.3 m.
i.	Weather protection in the form of a canopy or any other architectural element shall be provided above entrances to create a comfortable environment for pedestrians.

5.2 Building Form

a.

The Tower shall be located in general conformance with the Site Plan as shown on Appendix I.

b.

The tower shall be comprised of three distinct vertical sections: the podium, mid-level, and tower top. The distinct nature of the three vertical sections shall be integrated both through varied Stepbacks in the building mass, and/or through the architectural treatment of the façades, as follows:

i.

Tower Podium

A.	The Tower podium shall be a minimum of 8.0 m in Height to a maximum Height of 24.0 m.
B.	Podium massing shall be minimized through additional means such as providing a high degree of façade fenestration, increased setbacks and stepbacks at the entranceway facing Clifton Place, inset balconies, and the use of exterior materials and colors.
C.	At a Height above 12.0 m (3 storeys), the podium façade shall be stepped back from the vertical plane for a minimum horizontal distance of 1.5m. building elements, inclusive of platform structures, shall not project into the required minimum Setback area
D.	Portions of the east and west podium as shown in the appendices above the Clifton place entry way and lane parkade access shall be stepped back a minimum 4.0m to 6.0 m above the 12.0m (3rd Storey) for a minimum of 20.0 m in length.
E.	Additional Stepbacks in the podium shall be provided in general conformance with Appendix II.
F.	A minimum Setback of 1.5 m shall be maintained from the podium edge to the Lot line. Architectural and building elements, inclusive of platform structures, shall not project into the required minimum Setback area.

ii.

Tower Mid-level

A.	The Tower mid-level shall be differentiated from the Tower podium, but shall reinforce the design details, materials, and architectural expression of the podium façade. While there should be similarity in materials to create a cohesive built form, variation in architectural forms is acceptable to encourage a richer architectural expression throughout the built form on the site.
B.	A minimum Stepback of 30.0 m shall be provided from the podium edge to the south façade of the Tower.
C.	A minimum Stepback of 1.5 m shall be maintained from the podium edge to the tower façade on the east, west, and north side. Architectural and building elements, inclusive of platform structures, shall not project into the required minimum Stepback area.
D.	Notwithstanding 5.2.b.i.C, the minimum Stepback shall be reduced to 0.0 m for a maximum of 11 m in length of the tower façade at the northwest corner of the building, as generally shown in Appendix II, to accommodate an vertical architectural feature that addresses the prominent corner of 102 Avenue and Clifton Place, and extends through the height of both the podium and Tower. Landscaping shall be used to further articulate this feature corner at the pedestrian scale.
E.	The maximum Floor Plate area in the mid Tower zone shall be 800m2.

iii.

Tower Top

A.	The Tower Floor Plate(s) of the top 3 floors shall be reduced a minimum 10%, to the satisfaction of the Development Officer, through Stepbacks to create articulation, visual interest, and reduced massing effects.

5.3 Architectural Treatment

a.	All building facades shall use high quality, durable, compatible and harmonious quality exterior finishing materials. On the podium of the Tower, acrylic stucco shall be limited to a maximum of 20% of the façade. On the Tower mid-level and Tower top, acrylic stucco shall be limited to a maximum of 30% of the façade.
b.	The use of vinyl siding as a finishing material shall not be permitted.
c.	Parkade ramp retaining walls that are visible from the street shall be architecturally treated and articulated, to the satisfaction of the Development Officer.

5.4 Building Relationship to the Street

a.	Building facades shall be designed with detail and articulation at a maximum of 12m intervals to create an attractive streetscape. The building shall be articulated by a combination of recesses, projections, change in building materials, colors, and/or a physical break in building mass.
b.	Blank walls longer than 12m shall not be permitted and minimized by extensive use of active frontages and transparent glazing, which allow for interaction between people in the building and people on the street to maintain an attractive streetscape.
c.	The façade treatment along Clifton Place and 102 Avenue NW shall wrap around sides of the building to provide a consistent 360 degree architectural profile, inclusive of the podium, facing the public roadways and the Lane.

5.5 Lighting

a.	Decorative and security lighting shall be designed and finished in a manner consistent with the architectural theme of the development and will be provided to ensure a safe well-lit environment for pedestrians, and to accentuate architectural elements and public art, in conformance with the Zoning Bylaw.
b.	Exterior lighting associated with the development shall be designed, located or screened so as to reduce impacts on adjacent off-site residential units, in conformance with the Zoning Bylaw.

6.1 Public Realm Improvement Plan

a.

Publicly Accessible Private Park

i.	Prior to the issuance of a Development Permit, except for demolition, excavation and signage, for Area A, development for Area B, Publicly Accessible Public Park must be approved.
ii.	Area B, Lot 1 Block B Plan 2955EOshall be developed as a Publicly Accessible Private Park to be used for passive and active recreation by residents of the development and the community, in general conformance with Appendix IV, Illustrative Landscape Plan.
iii.	The owner(s) shall design and construct the Publicly Accessible Private Park in Area B which shall be maintained by the Owner/Condominium Association. The Publicly Accessible Private Park shall be developed at the same time Area A.
iv.	The owner(s) shall register a Public Access Easement to ensure public access to the Publicly Accessible Private Park in conformance with the Park Land Bylaw 2202. The easement shall make the private property owner(s) responsible for maintenance and liability.
v.	The Publicly Accessible Private Park shall serve as high quality amenities for people of all ages and during all seasons to the satisfaction of the Development Officer. These areas shall include, but are not limited to, public art, hard and/or soft landscaping, seating areas, play structure, and/or bicycle facilities.

6.2 Public Art

a.

Prior to the issuance of a development permit the owner shall enter into an agreement with the City of Edmonton and provide, to the satisfaction of the Development Officer, public art works in the amount of $6.95/m2 of Floor Area (excluding any underground parking facility). A minimum of 80% of the public art budget shall be used to commemorate the historic significance of Groat Estate and Malcolm Groat. Public art shall be developed in conformance with the following:

i.	Purchased Art: Includes artwork acquired through an art selection process, with shortlisted artists responding to a call for proposals, to the satisfaction of the Development Officer. Purchased art may include structural and/or hardscaping in consultation with an artist.

b.

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.

6.3 Off-site Improvements to Serve the Development

a.

Prior to the issuance of a development permit the owner shall enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development. Such improvements are 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 following:

i.

The owner(s) shall enter into a Sidewalk Utility Right-Of-Way Agreement for those portions of Clifton Place and lane sidewalk that are located within private property.

ii.

The owner(s) shall be responsible for upgrading the portion of Clifton Place roadway directly abutting the site to City of Edmonton Urban Local Residential Construction Standards. This requirement includes, but is not limited to, resurfacing/reconstruction of the roadway to a minimum 8.0 m width to accommodate one travel lane in each direction from 102 Avenue to the North-South Alley, curbs and gutters, sidewalk or multi-use trail on both sides of the roadway, curb ramps, street-lighting, pavement marking and curb extensions, to the satisfaction of Transportation.

A.	If on-street parking is provided along Clifton Place, additional roadway width shall be provided to the satisfaction of Transportation.

iii.

Construction of two raised and enhanced pedestrian crossings to connect Area A to the Publicly Accessibly Private Park on Area B and to connect Area A to the parcel south of the Lane. The exact location and improvement details shall be to the satisfaction of the Development Officer in consultation with Transportation Services.

iv.

Upon submission of a Development Application for Area A, the owner(s) shall be responsible for upgrading of the Lane, directly abutting the site, to a commercial standard connecting to Clifton Place.

v.

A portion of Area A legally described as Lot 10, Block 39, Plan 577MC shall be constructed to include the development of an outdoor amenity area, as illustrated in Appendix IV, Illustrative Landscape Plan.

vi.

Reconstruction of the Clifton Place roadway;

vii.

Construction of all new accesses to the Clifton Place roadway;

viii.

Reconstruction of the Alley between Clifton Place roadway and 102 Avenue, to a commercial standard;

ix.

Relocation/alteration of existing utilities and installation of new utilities;

x.

Required upgrading of storm sewers located within the Clifton Place Roadway; and

xi.

Required upgrading of existing sanitary and storm sewer systems, to the satisfaction of Drainage Services.

Westmount - south of 102 Avenue NW, between 125 Street NW and Clifton Place