DC2 988

Belgravia - southwest corner of 76 Avenue NW and 115 Street NW

Bylaw 18306 (February 26, 2018)

To accommodate a low rise, high density residential development, that is compatible with adjacent land uses and supports a pedestrian friendly streetscape.

This provision shall apply to Lot 15, Block 3, Plan 1275HW; located on the southwest corner of 76 Avenue NW and 115 Street NW, as shown in Schedule “A” of the Bylaw adopting this provision, Belgravia.

a. Apartment Housing
b. Group Homes
c. Live Work Units
d. Lodging Houses
e. Limited Group Homes
f. Minor Home Based Business
g. Residential Sales Centre
h. Urban Gardens
i. Fascia On-premises Signs
a. The development shall be in general conformance with Appendices 1, 2 and 3.
b. Residential Sales Centres shall be limited to the sale or lease of Dwellings on Site.
c. The maximum number of Dwellings shall be 70.
d. The maximum building Height shall be 14.5 m.
e. The maximum Floor Area Ratio shall be 2.2.
f. The minimum building Setbacks shall be:
i. 3.0 m from the north Lot line;
ii. 6.0 m from the south Lot line;
iii. 3.0 m from the east Lot line; and
iv. 4.5 m from the west Lot line.
g. The below Grade parkade shall be allowed to extend to the Lot lines, except that the parkade/foundation wall shall not be within a 4.0 m radius of the center of the trunks of the existing boulevard trees along 76 Avenue NW. The Development Officer may reduce this distance if an arborist report and tree preservation plan for the existing boulevard trees along 76 Avenue NW, submitted with the Development Permit application, indicates that excavation closer to a tree will not unduly compromise the ongoing viability and health of the tree, to the satisfaction of the Development Officer in consultation with Urban Forestry.
h. For construction of the north parkade/foundation wall, the following shall apply:
i. No shoring shall be permitted;
ii. No encroachments below or above Grade for the purpose of construction shall be allowed into road right-of-way;
iii. An air spading tool shall be used to determine the amount and size of roots that need to be cut for the parkade/foundation wall;
iv. Excavation shall not be allowed within a 4.0  m radius of the center of the trunks of the existing boulevard trees along 76 Avenue NW or into road right-of-way; and
v. Notwithstanding section 4(h)(iv), the Development Officer may reduce the distance that excavation may be permitted from the boulevard trees along 76 Avenue NW if an arborist report and tree preservation plan for the existing boulevard trees along 76 Avenue, indicates that excavation closer to a tree will not unduly compromise the ongoing viability and health of the tree, to the satisfaction of the Development Officer in consultation with Urban Forestry.".
i. An arborist report and tree preservation plan shall be submitted with the Development Permit application to the satisfaction of the Development Officer in consultation with Urban Forestry.
j. The minimum number of Family Oriented Dwellings shall be 8.
k. Family Oriented Dwellings shall be developed in accordance with the definition of such in the Zoning Bylaw except that:
i. Dwellings can be located on any Storey of the building;
ii. Ground level Dwellings shall have individual and private access to Grade and, access to Grade for Dwellings above the first Storey may be shared;
iii. Dwellings shall have access to a communal outdoor Amenity Area designed for children and
iv. a minimum of five Family Oriented Dwellings shall have direct access to a Private Outdoor Amenity Area which shall be a minimum of 12.0 m2.
l. Except as required in Section 4 (k) (iv), a minimum of 6.0 m2 of Private Outdoor Amenity Area per Dwelling shall be provided.
m. Private Outdoor Amenity Areas shall be provided in accordance with Section 47 of the Zoning Bylaw except that:
i. they may be provided in a Front Yard and shall be clearly delineated;
ii. reasonable privacy shall be maintained through the use of hard and/or soft Landscaping elements; and
iii. balconies with a minimum depth of 2.0 m shall be allowed.
n. A minimum of 220 m2 of outdoor communal Amenity Area shall be provided on the rooftop, which shall include, but not be limited to, a deck, Landscaping planters, communal barbecue facilities and a children’s play area. A minimum of 75 m2 shall be designed specifically with amenities geared towards families and children such as a sand box and/or play structure on a durable playground surfaced area, to the satisfaction of the Development Officer.
o. The rooftop communal Amenity Area shall incorporate design features such as fencing, planters, seating, lighting, screening, and properly screened mechanical equipment that is designed to limit overlook, and protect the privacy of residents in adjacent developments, to the satisfaction of the Development Officer.
p. Signs shall be in accordance with Schedule 59B of the Zoning Bylaw.
q. Adjacent City of Edmonton public boulevard trees shall be retained and protected as per the City’s Corporate Tree Management Policy c456a to the satisfaction of the Development Officer in consultation with Urban Forestry.
a. All required vehicular Parking, except for Visitor Parking, shall be provided in an underground Parking Garage accessed from the abutting Lane. Underground driveway ramps shall have a minimum width of 6.0 m to accommodate two-way traffic. The driveway ramp shall be at Grade at the Lot line. The slope of the driveway ramp shall be no greater than 10% negative downward slope between the property line to 5.0 metres into the Site, unless otherwise agreed to by the Development Officer in consultation with Transportation Services.
b. Vehicular and bicycle parking shall be provided in accordance with Section 54 of the Zoning Bylaw except:
i. a minimum of 5 on-Site visitor parking spaces, located at the rear of the building off the Lane, shall be required;
ii. one (1) secured bicycle parking space shall be provided per unit which can be provided as individual wall mounted racks on the wall at the front of the vehicular parking spaces.  If provided in this manner, the required length of the parking space shall increase by 0.6 m;
iii. A minimum on 10 Bicycle Parking spaces for visitors shall be provided in an easy accessible location and available for public use; and
iv. A minimum of 15 secured Bicycle parking spaces shall be provided in a secured facility within the building on the main floor.  
c. The proposed retaining walls bordering the underground driveway/Parking Garage ramp, must not exceed a Height of 0.3 m for a distance of 3.0 m from the Lot line and no portion of the wall may encroach onto road right-of-way. The Development Officer, in consultation with Transportation Services may increase this height if adequate sightline data is provided to ensure vehicles can exit safely, to the satisfaction of the Development Officer.
d. The waste collection area shall be located adjacent to the Lane and entirely within private property, including any door swings. The collection area shall be screened from view through the use of Landscaping, fencing, or walls and be designed and oriented to the satisfaction of the Development Officer in consultation with Waste Management Services.
a. In addition to the requirements of the Zoning Bylaw, a detailed Landscape Plan prepared by a registered AALA Landscape Architect shall be submitted with an application for the Development Permit for the building to the satisfaction of the Development Officer.
b. The selection of plant materials shall consider plants and shrubs that provide colour throughout the year to enhance the appearance of the development.
c. The Landscaping Plan shall demonstrate:
i. entry transitions, including features such as steps, decorative fences, gates, hedges, low walls, and planting beds within the Setback from a public roadway, other than a Lane;
ii. clear delineation of all Private Outdoor Amenity Areas at Grade with vertical landscaping features (e.g. hedges, decorative fences, low walls, shrubs, and other plant material); and
iii. That soil above the underground parking facilities shall be of sufficient depth to accommodate required landscaping, including trees, shrubs, flower beds, grass, and ground cover.
a. A 2.0 m Stepback shall be provided on the north, east and west Facades for any portion of the building above the 3rd Storey.
b. A 2.0 Stepback above the 2nd Storey shall be provided along the north Façade for 17.0 m from the west building Façade, as shown on Appendix 2.
c. The roofline may project a maximum of 1.0 m into the Stepback.
d. The primary building entry on 76 Avenue NW shall be a prominent building feature and shall include a canopy or similar feature which may project a maximum of 1.2 m into the required Setback.
e. The building shall be finished with high quality, durable materials, sensitive to the design, proportion, quality, texture, and scale of the streetscape and surrounding buildings to the satisfaction of the Development Officer.
f. All ground level Dwellings adjacent to a public roadway shall have an individual external entrance to Grade and be oriented and clearly visible from the public roadway. Sliding patio doors shall not serve as this entrance.
g. All ground level residential Dwellings shall have a semi-private outdoor Amenity Area in front of each Dwelling’s exterior entry that shall be provided in a manner that establishes a transition area between the Amenity Area and the adjacent public roadway (excluding a Lane), abutting Site or Setback area 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.
h. Building Facades shall be designed with detail and articulation to create attractive streetscape and interfaces. Building Facades shall be articulated through means which may include the use of recesses, entrances, windows, projects, change in building materials, colours, and/or physical breaks in building mass.
i. Separation Space shall be provided in accordance with Section 48 of this Bylaw, except that it may be reduced, to the satisfaction of the Development Officer, where side walls of buildings on abutting Sites face each other and habitable windows are not located directly opposite each other, such that privacy is not impacted.
j. A 1.83 m high screen fence shall be provided along the west Lot line, along with a landscaped buffer within the west Setback as shown on Appendix 1, to provide privacy to the neighbouring property.
k. Elements of the development and of individual dwellings such as windows, doors, balconies and Private Outdoor Amenity Areas shall be sited, oriented and designed to minimize their impact on adjacent dwellings, considering such things as daylight, sunlight, ventilation, quiet, visual privacy, shadowing, views, and noise. The applicant shall provide, at the discretion of the Development Officer, information regarding the location of features on adjacent and abutting Sites and their relationship to the subject Site to support a design that minimizes impact as described above to the satisfaction of the Development Officer.
l. Balconies and glazing along the west side of the principal building shall provide adequate screening and be located to maximize privacy and minimize overlook to the adjacent residential property, in general accordance with the appendices. This may include, but is not limited to privacy screens, louvers, frosted glass or glass block, or landscaping buffer, to the satisfaction of the Development Officer.
m. All exterior lighting of the Site shall be designed to ensure that it is directed away from the adjacent residential development and that illumination shall not extend beyond the boundaries of the site nor upwards into the sky in accordance with Section 51 of the Zoning Bylaw.
n. All mechanical equipment, including ground level parkade vents, shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building. Ground level vents shall be oriented away from adjacent Sites or on Site amenity or pedestrian circulation areas.
a. Prior to the issuance of the 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 the Development Permit approval, the option to purchase up to 7% (exact percentage at the discretion of the City) of the total number of units at 85% of market value or provide the equivalent as cash in lieu (cash in lieu option at the discretion of the owner).
b. The design and implementation of this development shall apply techniques to reduce energy consumption for heating, cooling, power and energy use to 70% of the National Energy Code of Canada 2015 standard for a comparable building, including the use of solar panels and geothermal technologies, where possible, to the satisfaction of the Development Officer. With the exception of demolition, excavation and signage permits, upon submission of a Development Permit application, the applicant shall submit a detailed report prepared by a registered professional engineer or architect, indicating how this energy reduction target will be achieved upon construction completion. Upon completion of the building, the owner shall provide a report by a registered professional Architect or engineer that demonstrates, to the satisfaction of the Development Officer, that the design and construction of the building has met the target.
c. Prior to the issuance of the Development Permit, details shall be provided to the satisfaction of the Development Officer that $6.95/m2 of the gross Floor Area shall be provided towards the acquisition of public art. The following shall apply to this contribution:
i. The owner shall enter into an agreement with the City of Edmonton detailing the requirements of this provision of artwork, to the satisfaction of the Development Officer.
ii. Artworks may be located on or within private property and shall be in locations that are publicly visible to the satisfaction of the Development Officer.
iii. Artworks shall be commissioned or purchased by the owner(s) and all costs and procedures related to the procurement of the artworks, operation and future maintenance shall be the responsibility of the owner(s).
d. 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, repaving the Lane south of the property between 115 Street NW and 116 Street NW to a residential alley standard with a width of 4.0 m and repair of any damage to the abutting roadways, sidewalks and/or boulevards resulting from construction of the development, to the satisfaction of the Development Officer in consultation with Transportation Services.
e. Notwithstanding the other Development Regulations of this Provision, the 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 of the principal building under a valid Development Permit within 5 years of the passage of the Bylaw adopting this Provision, development of the site shall be in accordance with this Provision, except that:
i. the maximum Height shall be 14.5 m; and
ii. the maximum Floor Area Ratio shall be 1.4.
f. A Crime Prevention through Environmental Design (CPTED) assessment shall be prepared and submitted with a Development Permit application for the principal building. Prior to the issuance of the Development Permit for the principal building, the Development Officer shall be satisfied that the overall development of the Site provides a safe urban environment in accordance with recommendations of the assessment and the guidelines and principles established in the Design Guide for a Safer City (City of Edmonton, 1995).
g. Prior to the issuance of the first Development Permit within this DC2 Provision, the applicant shall demonstrate, to the satisfaction of the Development Officer, that the applicant has carried out good faith discussions with the Belgravia Community League regarding entering into a good neighbour agreement, which shall include, but not be limited to:
i. Construction schedules, operations and noise protocol; and
ii. Owner contact for inquiries.

Bylaw attachments