Part IV Edmonton Zoning Bylaw
Bylaw 18505
October 10, 2018
To accommodate a mixed use development with commercial and high density residential uses that provides for an active and inviting pedestrian oriented streetscape fronting onto 105 Street NW and 81 Avenue NW.
This provision shall apply to Lots 32-36, Block 63, Plan I, located on the northwest corner of 105 Street NW and 81 Avenue NW shown in Schedule “A” of this Bylaw adopting this Provision, Queen Alexandra.
Apartment Housing
Business Support Services
Child Care Services
Commercial Schools
Community Recreation Services
Creation and Production Establishments
General Retail Stores
Government Services
Health Services
Indoor Participant Recreation Services
Live Work Units
Lodging Houses
Major Alcohol Sales
Major Amusement Establishments
Minor Alcohol Sales
Minor Amusement Establishments
Minor Home Based Business
Personal Service Shops, excluding Body Rub Centres
Professional, Financial and Office Support Services
Residential Sales Centre
Restaurants
Secondhand Stores
Specialty Food Services
Spectator Entertainment Establishment
Fascia On-premises Signs
Projecting On-premises Signs
Temporary
On-premises Signs
The development shall be in general conformance with Appendices I - VII to the satisfaction the Development Officer.
Each Restaurant Use shall not exceed 200 Occupants and 240 m2 of Public Space.
Each Specialty Food Services Use shall not exceed 100 Occupants and 120 m2 of Public Space.
The maximum Floor Area Ratio (FAR) shall be 7.6.
The maximum number of Dwellings shall be 209.
The maximum Height, excluding any roof mechanical equipment and enclosed top floor Amenity Area, shall not exceed 50.0 m.
The Podium Setback to the east Lot line shall be 0.0 m.
Podium Setbacks from the Lot lines shall vary as follows along each Façade of the podium and be in general conformance with Appendix I:
Minimum of 0.25 m to a maximum of 4.5 m on the west;
Minimum of 0.0 m to a maximum of 3.5 m on the north; and
Minimum of 0.0 m to a maximum of 3.0 m on the south.
The maximum total Floor Area for Non-Residential Uses shall not exceed 1930 m2.
The portions of the Parking Garage below Grade shall not be subject to required Setbacks and can extend to all Lot lines provided there is sufficient soil depth maintained to support any required Landscaping above.
A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided and can be private and/or communal. This may be achieved through the use of balconies, terraces/patios on top of the podium base, rooftop terraces/patios, and indoor communal amenity spaces such as communal lounges and fitness areas.
Notwithstanding Section 46.3 of the Zoning Bylaw, platform structures in the form of balconies with a minimum depth of 1.0 m may be used to satisfy required Amenity Area.
Notwithstanding Section 55.3 of the Zoning Bylaw, Landscaping shall be provided in general conformance with Appendix II and shall include on-site and off-site improvements with a minimum of 4 trees and 73 shrubs.
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 Subdivision and Development Coordination (Transportation).
To ensure a high standard of appearance and a sensitive transition is achieved to the surrounding land uses, a Landscape Plan prepared by a registered AALA Landscape Architect shall be submitted as part of a Development Permit application, to the satisfaction of the Development Officer.
The Landscape Plan shall identify both on-Site and off-Site pavement materials, exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new and existing tree plantings, and other Landscaping elements as applicable, in general conformance with Appendix II.
Notwithstanding Section 55.3.c.i of the Zoning Bylaw, only deciduous trees shall be required. The proportion of deciduous and coniferous shrubs shall be approximately 50:50.
Building Setbacks at Grade in front of Commercial Uses shall be landscaped with hard Landscaping and integrated with the pedestrian oriented public realm to create Public Amenity Space, in general conformance with Appendix II.
Landscaping, both on-Site and off-Site, shall consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during the cold weather months.
Landscaping shall be provided for the outdoor Amenity Areas located on the top of the podium level on the north side of the building and the penthouse level to improve rooftop aesthetics.
Landscaping that extends onto or over City-owned lands shall be developed in accordance with Traffic Bylaw 5590 and the City Design and Construction Standards and shall be in general conformance with Appendix II.
Notwithstanding Section 54.2, Schedule 1 of the Zoning Bylaw, the number of required off-street vehicular accessory parking spaces shall be a minimum of 199 and a maximum of 237. The off-street vehicular accessory parking requirements for the Site shall be provided as specified in the table below:
Land Use Component |
Parking Space Allocation |
Residential and Residential-Related Uses |
171 to 209 spaces |
Non-Residential or Residential-Related Uses and Visitor Parking |
28 spaces |
TOTAL |
199 to 237 spaces |
The Development Officer may consider a variance to Section 4.3.a, of this Provision, if a Parking Demand Study is submitted in conjunction with an application for Development Permit to rationalize any variance in parking requirements such as, but not limited to: a reduction in the proposed FAR, number Dwelling Units, unit composition, Building Height and/or any new City of Edmonton Bylaws or policies which reduce applicable parking requirements beyond current City of Edmonton requirements.
Non-residential vehicular parking and residential visitor vehicular parking shall share parking spaces through an owner-operated parking management program.
Notwithstanding Section 54.3, Schedule 2 of the Zoning Bylaw, a minimum of 157 bicycle parking spaces shall be provided.
Vehicular access and egress shall be provided off of the Lane north of the Site, in general conformance with Appendix I.
Any driveway ramps to the below Grade Parking Garage shall be at Grade at the Lot line and must not exceed a slope of 6% for a distance of 4.5 m inside the Lot line to the satisfaction of the Development Officer, in consultation with Subdivision and Development Coordination (Transportation).
Any below Grade parking access card devices must be located on Site, a minimum of 3.0 m inside the Lot line.
Retaining walls bordering the below Grade Parking Garage ramp, must not exceed a Height of 0.3 m at the Lot line nor 1.0 m within 1.0 m of the Lot 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 Subdivision and Development Coordination (Transportation).
Loading, storage and waste collection areas shall be concealed from view from adjacent sites and public roadways. The waste collection area shall be located within the building, in general conformance with Appendix I. The waste collection area shall be designed to the satisfaction of the Development Officer in consultation with Waste Management Services and Subdivision and Development Coordination (Transportation).
Notwithstanding Section 54 of the Zoning Bylaw, 1 Off-street Loading space shall be provided for the Site.
Signs located or extending above the podium shall be prohibited.
Signs, for the western Façade of the building and the portion of the building adjacent to 81 Avenue NW identified for Residential Uses on Appendix I, shall be developed in accordance with the General Provisions of Section 59 and Schedule 59B of the Zoning Bylaw unless altered as follows:
Notwithstanding Schedule 59B of the Zoning Bylaw, Fascia On-premises Signs and Projecting On-premises Signs shall not extend above the podium of the building; and
Temporary On-premises Signs shall be limited to project advertising associated with a Residential Sales Centre and shall not include trailer mounted or signs with changeable copy.
Signs, for the northern and eastern Façades of the building, shall be developed in accordance with the General Provisions of Section 59 and Schedule 59E of the Zoning Bylaw unless altered as follows:
Fascia On-premises Signs and Projecting On-premises Signs shall not extend above the podium of the building.
Temporary On-premises Signs shall be limited to project advertising associated with a Residential Sales Centre and shall not include trailer mounted or signs with changeable copy.
A Sign may be backlit provided the lettering is translucent, so that only the lettering is backlit with the remainder of the sign being opaque.
The outward projection of Projecting On-premises Signs from the building wall shall be a minimum of 0.14 m and a maximum of 2.5 m.
A Projecting On-premises Sign shall have a minimum vertical clearance of 2.4 m.
The horizontal separation distance between a Projecting On-premises Sign and the curb of a public roadway shall not be less than 0.6 m.
The maximum projection for a corner Projecting On-premises Sign shall not exceed 2.5 m.
Except in the case of corner Signs, a Projecting On-premises Sign shall be placed at right angles to the building face to which it is attached.
If illuminated, Projecting On-premises Signs shall be lit from an external source. Internally lit, or backlit projecting Signs are not permitted, except where only the lettering is backlit.
The maximum permitted size of a Projecting On-Premises Sign is 7.5 m2 in area.
Fascia On-premises Signs shall not extend more than 14.5 cm out from the wall nor beyond the horizontal limits of the wall.
If illuminated, Fascia On-premises Signs shall be lit from an external source. Backlit or internally illuminated Fascia On-premises Signs are prohibited, except where only the lettering is backlit.
If feasible, Fascia On-premises Signs shall be located in historically traditional locations as follows:
Sign band above the display windows;
Sign band below upper cornice; and
Sign band immediately above a canopy.
Fascia On-Premises Signs which consist only of a company Logogram, or an Identification Sign formed of individual letters, shall be allowed. Not more than one such Sign per business shall be allowed per building face and the Sign shall only be used to identify the tenants of the building.
Fascia On-premises Signs shall be permitted to be painted directly onto the exterior wall of a building or onto a plywood-type (solid) material which is affixed directly to the exterior wall of a building. The total Sign area per location shall not exceed 65 m2. The Development Officer may increase the Sign area at his or her discretion.
Fascia On-Premises Signs may be put on windows and be considered Window Signs. Window Signs must comply with the following:
The area of the Window Sign shall not exceed twenty-five percent (25%) of the window on the ground floor in which it is located; and
A business may display permanent Window Signs in any or all windows.
A Comprehensive Sign Design Plan in accordance with the Provisions of Section 59.3 of the Zoning Bylaw shall be submitted with a Development Permit for new building construction.
A 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.
If required by the Development Officer, any Environmental Site Assessment studies and environmental remediation work shall be undertaken and verified to the satisfaction of the Development Officer in consultation with Planning Coordination (Environment) 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.
Notwithstanding the other Development Regulations, 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 principle building under a valid Development Permit within 10 years of the passage of the Bylaw adopting this Provision, development shall be in accordance with this Provision, except that the maximum Height shall be 16.0 m and the maximum Floor Area Ratio shall be 3.5.
Prior to the issuance of any Development Permit, except for the purpose of excavation only, 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 Guidelines for a Safer City (City of Edmonton 1995).
The development shall be comprised of three distinct vertical sections: the Podium, the Mid-Tower, and the Tower. The distinct nature of the three vertical sections shall be differentiated both through Stepbacks in the building mass, and/or through the architectural treatment of the Facades.
The Podium of the building shall be a minimum of 7.0 m in Height, not including the podium parapet, and shall not exceed 11.5 m in Height, not including the podium parapet, in general conformance with Appendices I, III, IV, V, VI and VII.
The maximum Floor Plate of the Mid-Tower from the 4th storey up to and including the 8th storey shall be 1,140 m2.
The Mid-Tower of the building shall be a maximum of 25.3 m in Height above Grade, as illustrated in Appendices I, III, IV, V, VI and VII.
The maximum Floor Plate of the Tower from the 9th storey up to and including the 16th storey shall be 860 m2.
The Tower of the building shall be a maximum of 50.0 m in Height above Grade, in general conformance with Appendices I, III, IV, V, VI and VII.
Mid-Tower Stepbacks from the Podium to the Mid-Tower, shall vary as follows along each Façade of the building and be in the locations shown in Appendix I. The Stepbacks shall be measured from the outer restricted envelope of the Mid-Tower to the edge of the Podium:
Minimum of 4.5 m on the east;
Minimum of 0.0 m to a maximum of 4.25 m on the west;
Minimum of 0.0 m to a maximum of 14.0 m on north; and
Minimum of 0.2 m to a maximum of 3.0 m on the south.
Tower Stepbacks from the Mid-Tower to the Tower shall be as follows and be in the locations shown in Appendix I. The Stepbacks shall be measured from the outer restricted envelope of the Tower to the edge of the Mid-Tower:
Minimum of 0.0 m on the east;
Minimum of 0.0 m on the west;
Minimum 0.0 m to a maximum of 10.5 m on the north; and
Minimum of 0.0 m on the south.
The mechanical penthouse located above the 16th storey shall have a maximum area of 387 m2. The minimum Stepbacks from the Tower shall be as follows and be in the locations shown in Appendix I.
12.0 m on the east;
12.0 m on the west;
0.0 m on the north; and
1.8 m on the south.
The mechanical penthouse of the building shall be a maximum of 53.5 m in Height above Grade, in general conformance with Appendices I, III, IV, V, VI and VII.
Balconies shall only be permitted above the Podium and shall be allowed to project 1.8 m into the Podium Stepback, however the projections shall not encroach upon City owned lands or adjacent parcels.
The Podium shall emphasize the use of materials such as brick, pressed metal, and traditional stone in general conformance with Appendices, III, IV, V, VI, and VII.
The Mid-Tower and Tower shall be differentiated from the Podium in general conformance with Appendices, III, IV, V, VI, and VII.
The Mid-Tower and Tower shall be finished with high quality and durable materials such as brick, metal, acrylic stucco and glass in general conformance with Appendices III, IV, V, VI.
The use of vinyl and masonry stucco as a finishing material is prohibited.
The Podium of the development shall be compatible with the visual continuity of the adjacent streetscapes which is characterized by buildings which are similar in rhythm, alignment and Setbacks.
Decorative details and Façade articulation on the Podium shall respect the horizontal datum of neighbouring buildings and be in general conformance with Appendices III, IV, V, VI and VII.
Decorative details on the commercial Podium Façade shall include elements such as a stone cornice, stone window heads and sills on the windows above the first storey, stone decorative details and the use of red-brown brick and transparent glass in general conformance with Appendices IV, V, VI and VII.
The Podium windows located above the first storey commercial uses shall reflect the repetitive, vertical pattern along the street, in general conformance with Appendices IV, V, VI, and VII.
Active commercial frontages shall be developed for the portions of Facades indicated as Retail/Commercial Uses in Appendix I in accordance with the following regulations and in general conformance with Appendices IV, V, VI and VII to the satisfaction of the Development Officer:
Building entrances and windows shall be oriented to front onto a public roadway and the Lane on the north side of the building;
The placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented street;
Weather protection in the form of canopies or other architectural elements shall be provided to create a comfortable environment for pedestrians; and
A minimum of 65% of the linear frontage of the commercial ground floor Façade fronting onto a public roadway shall consist of transparent glazing. Linear frontage shall be measured as the horizontal plane at 1.5 m above Grade.
Building Facades on the Podium shall be designed with detail and articulation at a maximum of 7.0 m intervals to create an attractive streetscape. The building shall be articulated by a combination of recesses, projections, change in building materials, colours, and/or a physical breaks in building mass.
Residential and Commercial Uses located at Grade shall have individual accesses at Grade, in general conformance with Appendix 1.
Non-Residential Uses shall not be developed above the podium of the building.
Ground level Residential and Non-Residential Uses with individual external accesses facing a public roadway or lane shall have well-defined entrances fronting onto the roadway or Lane.
The development shall create a pedestrian-friendly environment which shall include such things as individual entrances for Residential and Non-Residential Uses at Grade, Landscaping and other features that lend visual interest and a human scale to development along 81 Avenue NW, 105 Street NW and a portion of the Lane on the north side of the building.
The development shall address both roadways and provide distinctive architectural features consistent with the style of the building to enhance the corner.
A semi-private outdoor amenity area within the Setback of each at-Grade Dwelling exterior entry shall be provided in a manner that establishes a transition area between the public roadway using landscape features such as decorative fencing, change in Grade, shrub beds or rock gardens and/or built elements.
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.
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 and safe environment for pedestrians in accordance with Section 58 of the Zoning Bylaw, to accentuate artwork and building elements, and to highlight the development at night time and in winter months. Exterior lighting associated with the development shall be designed such that it has no negative impact on an adjacent property in accordance with Section 51 of the Zoning Bylaw. A detailed exterior lighting plan shall be provided with the Development Permit application to the satisfaction of the Development Officer. These requirements shall also be met for the portion of the lane abutting the site designed to be pedestrian oriented.
The exterior finishes of the Podium shall primarily emphasize subdued colours in keeping with the colour schemes of historical buildings in the area.
The Podium window openings, located above the first storey commercial uses, shall be vertically proportioned and of “punched design”. Horizontal strip windows are prohibited.
The active commercial frontages shall incorporate traditional storefront features such as recessed entries and large display windows with transom glazing located above.
As a condition of any 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 to be constructed at the owner’s cost. 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:
Repair of any damage to the abutting, roadways, and/or sidewalks resulting from construction of the development, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). The site shall be inspected by Subdivision and Development Coordination (Transportation) prior to the start of construction and once again when construction is complete;
Construction of the west-east Lane adjacent to the Site to a commercial standard, designed to accommodate waste management vehicles, to the satisfaction of the Development Officer, in consultation with Subdivision and Development Coordination (Transportation);
Provision of paving materials for the Lane north of the Site between the west Lot line of the Site adjacent to the Lane and 105 Street NW in general conformance with Appendix II. Notwithstanding Appendix II of this Provision, the exact material for the paving shall be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
Provision of Landscaping and sidewalk paving materials within the portions of the road right-of-way directly adjacent to the Site in general conformance with Appendix II.
Planting boulevard trees on 81 Avenue NW within portions of the road right-of-way directly adjacent to the Site, to the satisfaction of the Development Officer, in consultation with Subdivision and Development Coordination (Transportation).
Removal of all existing accesses to 81 Avenue NW, construction of the curb & gutter and restoration of the boulevard to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
Prior to development permit issuance, except for a development permit for excavation, the Development Officer shall ensure that an Affordable Housing Agreement has been executed, to the Development Officer's satisfaction, and that a caveat has been registered in respect of the Affordable Housing Agreement (against the certificates of title for the legal descriptions listed in the area of application of this development control provision), confirming that a minimum of 10% of the Dwellings shall be operated as affordable housing on Site for at least 20 years. The caveat shall remain registered against the certificates of title until the Development Officer is satisfied that (at the option of the developer):
a minimum of 10% of the Dwellings have been operated as affordable housing by an affordable housing organization, charity or society on Site for at least 20 years; or
payment of a cash in lieu contribution of $100,000 per Dwelling for 10% of the Dwellings has been paid to the City or to an affordable housing organization, charity or society that is not related to the developer for the development of new affordable housing dwellings within the boundaries of the Strathcona, Queen Alexandra and/or Garneau neighbourhoods within the City of Edmonton. The affordable housing organization, charity, or society shall be to the satisfaction of the Development Officer in consultation with representatives of the Strathcona, Queen Alexandra and Garneau Community Leagues. In the event the developer chooses this option and makes such payment to the satisfaction of the Development Officer, the caveat shall be discharged and the development shall be released from any further affordable housing requirements.
The building shall be designed to meet the requirements of the Green Building Rating System LEEDTM, Canada NC 1.0, 2009 to achieve a minimum LEED Silver standard, although the developer is not required to seek LEED certification. 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 Silver points will be achieved upon construction competition. This report must be approved by the Development Officer prior to the issuance of the Development Permit. Upon completion of the building, the Owner shall provide a report by a Professional Engineer or Architect that demonstrates, to the satisfaction of the Development Officer, that the design and construction of the building meets the target LEED Silver points described in the report submitted at the time of Development Permit application.
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 of $6.95/m2 of Floor Area for the proposed development (excluding Parking Garage) up to a maximum total of $105,000.00 toward the acquisition of public art. Such agreement shall require that:
Prior to the issuance of a Development Permit a public art plan shall be prepared and submitted to the City of Edmonton for review and approval by the Development Officer. The art will be acquired through an art procurement process administered by the owner/operator.
The art may be located on-Site or off-Site within the public realm adjacent to the site on 81 Avenue NW, 105 Street NW or the west-east Lane located to the north of the site. Should the public art be located on-site, it must be visible from the public realm. If located within the Public Realm, the exact location must be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
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.
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.