Bylaw 15259

 

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 1088

 

WHEREAS Lots 1-7, and 9, Block 10, Plan 155HW, located at 10660-85 Street NW, 8508, 8510, 8516, 8520, 8524, 8528,and 8532 Jasper Avenue NW, Boyle Street, Edmonton, Alberta, are specified on the Zoning Map as (IM) Medium Industrial Zone and (RA9) High Rise Apartment Zone; and

 

WHEREAS an application was made to rezone the above described property to (DC2) Site Specific Development Control Provision;

 

NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government Act RSA 2000, ch. M-26, as amended, the Municipal Council of the City of Edmonton duly assembled enacts as follows:

 

1.       The Zoning Map, being Part III to Bylaw 12800 The Edmonton Zoning Bylaw is hereby amended by rezoning the lands legally described as Lots 1-7, and 9, Block 10, Plan 155HW, located at 10660-85 Street NW, 8508, 8510, 8516, 8520, 8524, 8528, and 8532 Jasper Avenue NW, Boyle Street, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule ”A”, from (IM) Medium Industrial Zone and (RA9) High Rise Apartment Zone to (DC2) Site Specific Development Control Provision.

 

2.       The uses and regulations of the aforementioned DC2 Provision are annexed hereto as Schedule "B".

 

3.       The sketch plan annexed hereto as Schedule "A" and the uses and regulations of the DC2 Provision shown on Schedule "B" annexed hereto are hereby incorporated into the Zoning Bylaw, being Part IV to Bylaw 12800, The Edmonton Zoning Bylaw.

 

(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION

1.         General Purpose

To accommodate the comprehensive redevelopment of a consolidated Site encompassing a brownfield area and an underutilized area into a mixed use high density urban village.  This development will achieve a high standard of appearance by applying urban design techniques of placing slim high-rise towers set back on mid- and low-rise podiums, and articulated architecture with active frontages to enhance a common central plaza, river views, and the pedestrian oriented street edges of the area, all in close proximity to the Stadium LRT Station.

2.         Area of Application

This Provision shall apply to 1.88 hectare (4.65 acre) site, Lots 1 to 7, Block 10, and Block 9, Plan 155HW, located at 8508, 8532 Jasper Avenue NW and 10660-85 Street NW, Boyle Street, as shown on Schedule "A"; of the Bylaw adopting this DC2 Provision.

3.          Uses

  1. Apartment Housing

  2. Business Support Services, excluding office maintenance and custodial services

  3. Child Care Services

  4. Commercial Schools, not exceeding a gross floor area of 500 m2

  5. Convenience Retail Stores, not exceeding a gross floor area of 275 m2

  6. Custom Manufacturing Establishments

  7. Flea Market, limited to farmers market involving the sale of items such as local produce and handicrafts

  8. General Retail, not exceeding a gross floor area of 1,500 m2

  9. Health Services

  10. Live Work Unit

  11. Minor Amusement Establishments, as an accessory use to a restaurant

  12. Minor Home Based Business

  13. Personal Service Shops

  14. Professional, Financial and Office Support Services, excluding telephone answering and loan offices or any accessory drive through operation, and not exceeding a gross floor area of 160 m2

  15. Residential Sales Centre, for the sale of onsite condominium units and leasing of commercial premises

  16. Restaurants, 200 occupants or less and 240 sq.m. of public space

  17. Row Housing, including Stacked Row Housing

  18. Specialty Food Services, 100 occupants or less and 120 sq.m. of public space

  19. Fascia On-premises Signs

  20. Freestanding On-premises Signs, limited to project identification, building construction identification and real estate advertising signs of a limited duration

  21. Projecting On-premises Signs

  22. Temporary Signs, limited to project advertising and residential sale purposes only, and excluding trailer mounted signs and/or signs with changeable copy

4.          Development Regulations

4.1.         General

  1. Development shall be generally in accordance with the following regulations and the attached appendices to the satisfaction the Development Officer:

  2. Development applications for this Site shall be permitted in stages.  The development will proceed as individual or as a combination of the following seven (7) stages: Four (4) podium stages; northwest, northeast, southwest, southeast and three (3) tower stages.  For context and Development Officer’s interpretation purposes, a generalized, non-binding, Site Plan shall be submitted at each development permit stage to illustrate how the proposed development will integrate with existing and future on-site development.  In addition, an interim Landscape Plan for the entire site shall be submitted with the first development permit application.  The Site Plan and the interim Landscape Plan shall be to the satisfaction of the Development Officer.

  3. The maximum Floor Area Ratio shall be 8.0 for the entire Site.

  4. The maximum number of Dwelling units shall be 1,000.

  5. The maximum building Height of the Low Rise Podiums and commercial developments shall not exceed 4 storeys nor 15.0 m.

  6. The maximum building Height of the Mid Rise Podiums shall not exceed 6 storeys nor 21.0 m.

  7. The maximum building Height of the Towers shall not exceed 35 storeys nor 110.0 m.

  8. The finished floor elevation of the ground floor units shall not exceed 1.25 m above Grade, as determined by the Development Officer in accordance to Section 52 (5) of the Zoning Bylaw.

  9. The minimum Setbacks of the Low Rise Podiums shall be as specified in Table 1: Minimum Setbacks for Low Rise Podiums.

Table 1: Minimum Setbacks for Low Rise Podiums

Yard

Minimum Setback (m)

Jasper Avenue / Right-of-way

7.5

85th Street/Side Yard

2.0

106A Avenue

4.0

Alley

5.0

86 th Street

5.0

 

  1. Should the City acquire the 3 m adjacent to 86 Street and the alley, the minimum setback along that location for the Low Rise podium shall be 2.0 m.

  2. Mid Rise Podiums shall be setback a minimum 2.0 m from the facade of the Low Rise Podiums adjacent to roadways.

  3. Towers shall be setback a minimum of 7.5 m from any adjacent roadways.

  4. Balconies and balcony structures above the podium base may project 1.0 m into the Tower Setbacks.

  5. A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided on the entire Site including, balconies, gardens/patios on the top of the podium base, rooftops, and terraces.

  6. A minimum of 850 m² indoor communal Amenity Area shall be provided for the entire development.  Communal indoor amenity spaces may include, but not be limited to, change room facilities, fitness rooms, residential meeting rooms, and the cultural amenity space, which shall have a minimum of 100 m2.

  7. A minimum of 2,500 m² outdoor communal amenity spaces shall be provided for the entire development.  Communal outdoor amenity spaces may include, but not be limited to, display gardens, and the commons central plaza, which shall have a minimum of 1250 m2.

  8. Separation Space for all areas of any stage of the development shall be provided in accordance with Section 48 of the Zoning Bylaw, with the exception that the minimum Separation Space between Towers on this site shall be 30.0 m. 

  9. The maximum Floor Area for Commercial Uses shall not exceed 12,000 m2.

  10. Commercial Uses shall not be developed above the second Storey of any building.

  11. The second Storey in areas identified for Commercial Uses, shall be exclusively for either Residential Uses or Commercial Uses, with the exception of Live Work units.

  12. Apartment Housing with Commercial Uses on the ground floor shall have access at Grade that is separate from the Commercial premises.

  13. The maximum number of Storeys for each Tower and the maximum Floor Plate Areas shall be as specified in Table 2: Maximum Building Storeys and Maximum Floor Plate Area for Towers. 

Table 2: Maximum Building Storeys and Maximum Floor Plate Area of Towers

Building Type

Max. No. of Storeys

Max. Tower Heights (m)

Max. Floor Plate Area (m2) at Mid-Tower Zone

A

29

92.0

730

B

32

101.0

730

C

35

110.0

730

 

NOTE: Floor plate area relates to the tower mid zone and includes enclosed balconies, mechanical and electrical areas, storage, and stairs.

 

4.2.          Parking and Loading

  1. Parking shall be in accordance with Section 54 of the Zoning Bylaw and, where applicable, as modified by the following:

  2. General Requirements

  1. All on-site parking shall be underground or contained within a structure forming part of the building podium;

  2. No portion of the above grade parking garage shall be allowed to front onto a street or the Commons Central Plaza, except for entries;

  3. The design and location of drop-off/lay-by along 106A Avenue shall be to the satisfaction of the Development Officer and the Transportation Department; and

  4. The design and location of the road side parking along the perimeter of the site shall be to the satisfaction of the Development Officer and the Transportation Department.

  1. Vehicular Access

  1. Driveway ramps shall be at grade at the property line and must not exceed a slope of 6% for a distance of 4.5 m inside the property line, or to the satisfaction of the Transportation Department; and

  2. Walls at the sides of the parkade ramp must be constructed so as not to obstruct sight lines into the roadways for vehicles exiting the ramp to the satisfaction of the Transportation Department.

  1. Bicycle Parking

  1. Bicycle Parking spaces shall be not less than 20% of the number of vehicular parking spaces required, and shall be provided in interior rooms with in the buildings, to the satisfaction of the Development Officer;

  2. Bicycle rack(s) may be provided on road right-of-way should there be insufficient space on Site.  The location and design of bicycle racks located on road right-of-way shall require the review and approval of the Development Officer in consultation with the Transportation Department and may require an Encroachment Agreement; and

  3. Change rooms and showers shall be provided for all Commercial tenants.

  1. Garbage, Loading and Services

  1. Loading, storage and garbage collection areas shall be concealed from view from adjacent sites and public roadways.  The garbage and recycling collection area shall be designed to the satisfaction of the Development Officer in consultation with Asset Management & Public Works and the Transportation Department.  Grade details must be included in the engineering drawings.

4.3.         Relaxation of Parking Requirements in Conjunction with the Implementation of the Stadium Station (TOD) Area Redevelopment Plan

  1. Whereas the City will continue to plan for the implementation of the Stadium Station Transit Oriented Development Area Redevelopment Plan (ARP) in the vicinity of the development area, the parking requirements may be relaxed at the discretion of the Development Officer and in accordance to the regulations set forth in this section of this DC2 Provision. Parking variances may be allowed by the Development Officer and applied in conjunction with the implementation of the City objectives of the new Stadium Station Transit Oriented Development ARP if:

  1. The owner can demonstrate, at any development stage, that the parking required is substantially less than any minimum set out in Schedule 1 of Section 54.2 of the Zoning Bylaw to the satisfaction of the Development Officer;

  2. The owner implements programs which reduce parking demand such as car share programs, car pooling, or universal transit passes to the satisfaction of the Development Officer; and

  3. The owner shall submit a Parking Impact Assessment or the Traffic Impact Assessment to the Transportation Department for analysis.  The proposed reduction may be approved by the Development Officer.

4.4.         Off-Site Improvements to Serve the Development

  1. For each stage of the development and prior to issuance of a development permit for the stage, the Owner shall enter Agreement with the City of Edmonton for off-site improvements necessary to serve the development. The agreement process includes an engineering drawing review and approval process. Details of any structures to be located on road right-of-way must be included on the engineering drawings.  Improvements to be addressed in the Agreement include but are not limited to the following:

  1. The removal of all existing accesses to the Service Road adjacent to Jasper Avenue and 106 A Avenue construction of the curb and gutter and restoration of the boulevard to the satisfaction of the Transportation Department and Asset Management and Public Works Department;

  2. Rerouting existing power lines along the Alley north of Jasper Avenue connecting 85 th and 86 th Streets to maintain existing power services as deemed necessary by the City;

  3. The repair of any damage to the abutting roadways, sidewalks and/or boulevards resulting from construction of the development, to the satisfaction of the Transportation Department.  The Site must be inspected by the Transportation Department prior to the start of construction and once again when construction is complete;

  4. Rerouting of all underground and above ground n and off-site utilities necessary to serve a specific stage of the development

  5. The construction of accesses associated curb ramps and the drop-off/lay by on 106A Avenue to the satisfaction of the Transportation Department

  6. Upgrading the alley between 106A Avenue and 106 Avenue, adjacent to the site to a commercial standard to the satisfaction of the Transportation Department and Asset Management and Public Works; and

  7. The construction of a full traffic signal at the Jasper Avenue and 84 Street intersection or an alternate location to the satisfaction of the Transportation Department.

  1. Any costs associated with relocations and/or removals shall be at the expenses of the Owner.  The Owner shall provide a Letter of Credit in favor of the City to cover 100% of the above captioned costs.

    4.5.          Lane Closure

  1. Prior to the issuance of a development permit with in the development site the Road Closure Bylaw must be approved by Council.

  2. The closure area shall be consolidated by plan with the adjacent properties. All costs associated with the closure, including survey and registration costs, will be at the expense of the Owner.

  3. The Owner is responsible for physical closure of the roadway to public access and shall be responsible for all costs associated with the roadway modifications deemed necessary as a result of the closure.

    4.6.          Landscaping and Pedestrian Connections

    1. To ensure that a high standard of appearance and a sensitive transition to the surrounding land uses are achieved, a detailed Landscape Plan for the portion of the Site being developed shall be provided to the satisfaction of the Development Officer, prior to approval of any development permit.

    2. The detailed Landscape Plan shall include details of pavement materials, exterior lighting, sizes and species of new tree plantings, off-site landscaping adjacent to the Site, and other landscape elements as applicable in accordance with Section 55 of the Zoning Bylaw.

    3. Provision of landscaping on the Site that, particularly on interface between the public and private realm, shall exceed the landscaping standards of Section 55.4(6)(a)of the Zoning Bylaw by 10%.

    4. The detailed Landscape Plan shall be reviewed to ensure that all the proposals for landscaping referenced throughout this DC2 Provision are realized.

    5. The development of pedestrian walkways shall conform to the Urban Design Regulations of this Provision. Articulated landscaping placed at the base of the podium shall be considered in the design of pedestrian path and open spaces to provide privacy to and transition from ground units and patios.

    6. The Cultural Amenity Area shall be developed as a welcoming and secure space accessible to both residents and the public.  The following features shall be applied to the form and design of the Cultural Amenity Space:

    1. Exterior walls and doors shall consist of transparent glass to allow visibility to the opposite outdoor area; and

    2. Landscaping and landscape features consistent with the architectural theme of the Common Central Plaza, as well as street furniture and fixtures used on sidewalks and in the plaza, shall be incorporated with in this area.

    1. Proposals for boulevard trees shall be subject to Asset Management and Public Works approval.

    2. Wherever feasible, existing trees along boulevards shall be retained, protected and incorporated into the Landscape Plan.

    3. Prior to the issuance of any development permit, a Crime Prevention through Environmental Design 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).

  1. 4.7.          Signage

  1. Sign types permitted by this Provision may be allowed in accordance with Schedule 59B and in accordance with the General Provisions of Section 59 of the Zoning Bylaw.  Notwithstanding Schedule 59B, Temporary Signs shall be limited to project advertising and residential sale purposes only.

  2. A Comprehensive Sign 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 Development Permit Application to be approved by the Development Officer.

    4.8.         Development Regulations for Specific Uses

  1. Residential Sales Centres shall be developed in accordance with Section 82 of the Zoning Bylaw.

  2. Minor Home Based Businesses shall be developed in accordance with Section 74 of the Zoning Bylaw.

  3. Live/Work Units shall be developed in accordance with Section 92 of the Zoning Bylaw.

  4. Notwithstanding Sections 18 and 91 of the Zoning Bylaw, any Flea Market shall be developed in accordance with the following Provisions to the satisfaction of the Development Officer:

  1. Development shall be allowed in indoor and outdoor areas;

  2. No minimum distance from residential development shall be required;

  3. No additional parking shall be required;

  4. No direct vehicular access to arterial roadways shall be required; and

  5. Be of a temporary nature.

  1. 4.9.         Encroachments

    1. For each stage of the development and prior to the issuance of any development permit, the Owner shall enter into an Encroachment Agreement for any portion of the development that is to be located on public land to the satisfaction of the Planning and Development Department.

    4.10       Affordable Housing

    1. For each stage of the development and prior to the issuance of any 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 to the City at the time of Development Permit approval, the option to purchase 5% of the proposed number of residential units of the subject stage of the development, at 85% of the market price; or the ability to acquire units on the basis of a future approved Council policy on Affordable Housing; or equivalent cash-in-lieu.  

    4.11       Other Development Regulations

  1. A Phase II Environmental Site Assessment and any required Phase III ESA Remediation Plan shall be submitted and approved by the Development Officer in consultation with Alberta Environment (AENV) and Alberta Health Services (AHS) prior to the issuance of any development permits.   If required by the Development Officer, a Phase III Environmental Site Assessment shall be submitted and approved to the satisfaction of the Development Officer in consultation with AENV and AHS Services, prior to the issuance of any Building Permit, excepting the parkade excavation Building Permit.  The Development Officer shall not release the Development Permit for the purposes of a Building Permit until this condition has been adequately satisfied in writing from the reviewing agencies. 

  2. A Geotechnical Study, including a slope stability assessment to assess the impact  of this development is required prior to a development permit being issued at any stage of the development.  The assessment shall be reviewed by the Transportation Department.  Any stability measures must be undertaken prior to building permits being issued to the satisfaction of the Development Officer.

  3. The Owner shall register a Public Access Easement to ensure that public access from 106A Avenue, Jasper Avenue, 85th Street, and 86th Street to the internal and external pedestrian walkways and adjacent open space and park space will remain available.  Easements shall make the private property owner(s) responsible for maintenance and liability.

    5.             Urban Design Regulations

    5.1.         Site Planning

    1. A Site Plan for each stage of the development along with building plans, shall be submitted with each development permit application.  Such plans shall be to the satisfaction of the Development Officer and shall, among other things, conform to the Urban Design Regulations in this DC2 Provision. Pedestrian connections into and through the site shall be provided to break up long blocks, provide safe, convenient and inviting routes open for the public, and foster connectivity throughout various parts of the Site and surrounding neighbourhoods.

    2. Internal pedestrian walkways connecting Jasper Avenue, 85 Street, and 106A Avenue to the Commons Central Plaza shall be constructed to a minimum width of 3.0 m.

    3. All mechanical equipment shall be screened from public view or be concealed by incorporating it within the roof envelope or by screening it in a way that is consistent with the character and finishing of the development.

    4. The Towers shall front onto roadways with entrances that are clearly visible. 

    5. The Podium fronting roadways other than Jasper Avenue and the Commons Central Plaza shall address these roadways, maximize frontage and contribute toward the relevant residential or commercial character.

    6. When a development is located on a corner, the development shall address both roadways and shall distinguish the intersection to give it prominence.

    5.2.         Massing and Building Articulation

    1. Towers shall have small floor plates, as per Table 2: Maximum Building Storeys and Maximum Floor Plate Area for Towers, to allow for increased ground level open space, make Provision for green rooftops on podium levels, maintain view corridors, and mitigate adverse microclimatic effects.

    2. Perceived massing shall be minimized through such methods as building step-back variations at the upper levels, building orientation, roof treatment, and the choice of exterior materials and colours.

    3. The Podium shall be differentiated from the Tower by distinct architectural treatment.  The following graphic representation provides a possible conceptual application of this regulation for interpretive purposes.

    Figure 1: Podium and Tower Differentiation

 

    1. Towers shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling and rain sheeting as recommended in the Wind Impact Assessment.  The Development Officer shall require a Wind Impact Study to ensure the recommendations and mitigative measures specified in the Wind Impact Statement were effectively applied.

    5.3.         Building Form

    1. Interpretation

    1. Development up to 15.0 m or 4 Storeys shall be considered a Low Rise Podium.

    2. Development higher than 15.0 m or 4 Storeys and not exceeding 21.0 m or 6 Storeys shall be considered a Mid Rise Podium.

    3. Development higher than 21.0 m or 6 Storeys shall be considered a Tower, and shall be comprised of three distinct vertical zones:  Low Rise or Mid Rise Podium, Mid-Tower, and Sculpted Tower Top.  The distinct nature of the three vertical zones shall be integrated both through Stepbacks in the building mass, and/or through the architectural treatment of the façades.

    1. Low Rise / Mid Rise Podium

    1. The low rise / mid rise podium zone shall be integrated with Row Housing, Stacked Row Housing, Low Rise and Mid Rise Apartments, and commercial developments 

    1. Mid-Tower Zone 

    1. The mid-tower zone shall be differentiated from the podium zone, but should reinforce some of the design details, materials, and architectural expression from the architecture below.  While there should be similarity in materials to create a cohesive building, a variety in architectural styles should be encouraged among the buildings on the Site. 

    2. The mid-tower zone shall provide a minimum 1.5 m Stepback from the low rise and mid rise podium zone along any public roadway where portions of the tower are located above the podium. 

    3. Floor plates in the mid-tower zone shall not exceed limits identified in Table 2: Maximum Building Storeys and Maximum Floor Plate Area for Towers.

    1. Sculpted Tower Top Zone 

    1. The sculpted tower top zone shall encompass the top 1/3 of the tower and shall incorporate Stepbacks on at least two sides of the Tower.  In addition, the uppermost floor area storey of the sculpted tower top zone shall be a minimum of 20% smaller than the area of the typical floor plate identified in Table 2: Maximum Building Storeys and Maximum Floor Plate Area for Towers.  The following graphic representation provides a possible conceptual application of this regulation for interpretive purposes:

    Figure 2: Sculpted Tower Top

     

    5.4.          Architectural Control

    1. Quality materials such as masonry, acrylic stucco, stone, metal, wood, cementitious panels and glass shall be the predominant materials of the Podium.

    2. Stepped building forms and tiered landscaped ledges shall be provided to articulate the façade.

    3. Public and private outdoor spaces shall incorporate sheltered enclaves and landscaping features to buffer the elements.

    4. Balconies shall be partially recessed into the building façades and shall have glass guards to reduce wind.

    5.5.          Entrances

    1. Building main entrances shall be designed to meet universal accessibility standards in the following ways:

    1. building main entrance doors are to meet universal design standards as per the Barrier Free Design Guide published by The Safety Codes Council (Alberta) 1999, as amended;

    2. level changes from the sidewalk to the main entrance of the buildings shall be minimized; and

    3. landscaping elements shall be located out of the travel path to ensure they are not obstacles to buildings access.

    5.6.        Residential Frontage

    1. To encourage active and inviting streetscapes at ground level, all ground floor units shall provide separate, individual and direct access to grade and feature doorways, terraces and / or patios and windows at ground level to the satisfaction of the Development Officer.  The following graphic representation provides a possible conceptual application of this regulation for interpretive purposes.

    Figure 3: Active Residential Frontage

 

    1. Live/Work Units shall be primarily located along 85th and 86th Streets to enhance the active frontage character of the development.

    5.7.         Commercial Frontage

    1. Active commercial frontages shall be developed according to the following regulations:

    1. There shall be building/unit entrances and windows fronting public roadway;

    2. At least 70% of ground floor building façades shall be glazed on the exterior;

    3. At least 50% of the ground floor commercial premises shall consist of individual shops of not more than 10.0 m frontage; and

    4. Commercial Uses developed on the ground (first) Storey of the building fronting onto Jasper Avenue shall provide weather protection in the form of a canopy or any other architectural element above entrances to create a comfortable environment for pedestrians.

    5.8.         Lighting

    1. 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, to accentuate artwork, and to highlight the development at night time and winter months, to the satisfaction of the Development Officer.

    2. Night-time light pollution shall be reduced by avoiding over-illumination of the development and use low cut-off exterior lighting fixtures which direct light downward, not upward and outward to ensure illumination does not extend beyond the boundaries of the development site.

    6.          Green Sustainable Practices and Targets

    1. The design and implementation of this development shall apply techniques to reduce consumption of water, energy, and materials consistent with best practices in sustainable design.  Green sustainable targets shall include Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, and Indoor Environmental Quality.  The minimum design targets shall be as listed on Appendix X, Sustainable Strategies and Targets.

    2. Supplementary green sustainable targets based on the Green Building Rating System LEEDTM, Canada NC 1.0, 2004, as amended, shall be required and implemented to ensure the development meets the score of a Certified standard on said rating system.  The Owner may choose which supplementary green sustainable targets will be implemented, and, at his/her discretion, may indicate additional targets in excess of the Certified standard score to provide for flexibility at the implementation stage.  The Owner shall submit a report signed by an accredited professional with all chosen supplementary green sustainable targets along with the application for the development permit of each stage of the development to the satisfaction of the Development Officer.

    3. Demonstration of compliance at the development permit application for each stage of the development shall be provided with letters from the design target parties responsible to the satisfaction of the Development Officer.  Acceptable letter formats shall include the LEEDTM letter templates included in the Green Building Rating System LEEDTM, Canada NC 1.0, 2004, as amended, or any other format acceptable to the Canadian Green Building Council LEEDTM.

    7.         Public Amenities

    7.1.       On-Site Improvements on Publicly Accessible Spaces

    1. The following on-site improvements shall be required for the development funded by the Owner:

    1. A Commons Central Plaza, including a water feature and landscaping, shall be developed to enhance the public/private edge, to the satisfaction of the Development Officer.  For any stage of the Site being developed, a portion of the Commons Central Plaza shall be developed in accordance with the Site Plan for that specific stage of the development. The following graphic representation provides a possible conceptual application of this regulation for interpretive purposes.

    Figure 4: Commons Central Plaza

     

    1. The Owner shall provide public art through two opportunities:

    1. Purchased Art;

Includes artwork acquired through a juried art procurement process administered by the Edmonton Arts Council.

    1. Structural Art;

Includes artworks created through artistic application of hard and soft landscaping in the public plaza to the satisfaction of the Development Officer and administered by a selected committee including a member of the Edmonton Arts Council. The process will include a juried selection of concepts proposed by emerging local artists.

    1. The value of public art will be $9.15/m2 proportional to the Gross Floor Area (GFA) of residential / commercial development, excluding parkade areas, being developed in accordance with the following:  

    1. The division of funds shall be $100,000 Purchased Art and up to $815,000 Structural Art;

    2. A Staging Public Art Program shall be submitted with the initial development permit application to the satisfaction of the General Manager of Planning & Development Department.  Public art shall be provided in consolidated stages to provide for significant public art in appropriate locations and shall commence by the completion of the first consolidated stage of the development;

    3. For each stage of the development the proportional share of the above captioned value shall be contributed to the City in trust for the commission of public art.  Artworks will be acquired through a juried art procurement process administered by the Edmonton Arts Council, and shall be owned and maintained by the Condominium Association.  A signed agreement between the Owner and the City shall be required to stipulate the conditions of this public art contribution; and

    4. A committee with representation from the developer and the Edmonton Arts Council shall oversee this Public Art Program, and, in consultation with the Development Officer shall determine the appropriate locations for artworks to be installed.

    7.2.        Off-Site Improvements as Public Amenities

    1. Upon the submission of a development permit application, the contribution that the Owner shall make to off-site improvements as public amenities shall be based upon a graduated contribution which is proportional to the Gross Floor Area (GFA) of residential/commercial development, excluding parkade areas;

    2. To calculate the off-site amenity contribution the applicant will submit the total area of site development up to and including the current stage (column A) and the corresponding cumulative amenity contribution (column E) less the amenity previously paid, as shown in Table 4- Off-site Amenity Contribution Breakdown below:

    Table 4: Off-site Amenity Contribution Breakdown

     

    Area of Development (m2) (minus A/G parking)

    (A)

    Area (m2)

     

    B

    $/m2

     

    (C)

    amenity

    by (10,000 m2)

    (D)

    Total Amenity

    (cumulative)

    (E)

    0 - 10,000

    10,001 - 20,000

    20,001 - 30,000

    30,001 - 40,000

    40,001 - 50,000

    50,001 - 60,000

    60,001 - 70,000

    70,001 - 80,000

    80,001 - 90,000

    90,001 - 100,000

    10,000

    10,000

    10,000

    10,000

    10,000

    10,000

    10,000

    10,000

    10,000

    10,000

    9.25

    8.75

    8.25

    7.75

    7.25

    6.75

    6.25

    5.75

    5.25

    2.85

    $92,500

    $87,500

    $82,500

    $77,500

    $72,500

    $67,500

    $62,500

    $57,500

    $52,500

    $28,500

    $92,500

    $180,000

    $262,500

    $340,000

    $412,500

    $480,000

    $542,500

    $600,000

    $652,500

    $681,000

 

    1. Prior to issuance of any development permit for any stage of the development, the Development Officer shall ensure that a signed agreement has been executed between the City and the Owner, requiring the Owner to contribute the proportional dollar amount of the contribution value stipulated in this Section of this DC2 Provision for the portion of the development being developed.

    2. The Planning and Development Department shall determine on which public amenities the contribution value will be invested.

    3. The public amenities must be located within 450 m radius of the Stadium LRT Station or adjacent area of the River Valley and shall consider any City’s future initiative, to enhance accessibility from the development to the Stadium LRT Station and improve pedestrian connections to the development.

    4. In addition to the contribution value stipulated in this Section of this DC2 Provision, the signed agreement executed between the City and the Owner must also require the Owner to provide for the off-site improvements as public amenities as follows:

    1. Provision of streetscape along roadways, including the Alley, directly abutting the Site which shall include a minimum 3.0 m concrete curb line sidewalk with curb ramps, boulevard trees, pedestrian lighting and paving treatment which shall be coordinated by the City of Edmonton and shall be provided in consideration of the Stadium Station Area Redevelopment Plan to the satisfaction of the Development Officer.  The sidewalks may be reduced to 1.5 m where it is found to be physically unfeasible to build a 3.0 m sidewalk to the satisfaction of the Development Officer; and

    2. Integrate the 0.0846 ha (0.2095 ac) city-owned corner lot located at the intersection of Jasper Avenue and 85th Street with landscaping consistent with the Landscape Plan provided for the development to the satisfaction of the Development Officer.

    1. The agreement between the Owner and the City for the Provisions of off-site improvements as public amenities shall be consistent with the appropriate development stage being developed abutting the public right-of-way.

    2. Where applicable, the Agreement process may include an engineering drawing review and approval process at the development permit stage as well as an irrevocable Letter of Credit to cover 100% of construction costs for any specific off-site improvement.

    8.         Opportunity for Implementation of the Stadium Station Transit Oriented Development Area Redevelopment Plan

    Whereas the City will continue to plan for the implementation of the Stadium Station Transit Oriented Development ARP in the vicinity of the development area after the date this Bylaw is adopted, the Development Officer may allow for variance mutually agreed to between the City and the owner in the appendices attached to this DC2 Provision to accommodate revisions to the site plan, including but not limited to revised pedestrian and vehicle traffic flows to, from and through the Site. Variances shall only be allowed and applied in conjunction with the City’s implementation of the objectives of the Stadium Station Transit Oriented Development ARP, and in general accordance to this Section of this DC2 Provision.

     

    The following graphic representation provides a possible conceptual application of this regulation for interpretive purposes:

     

    8.1.         General

    1. The following variances may be allowed due to the implementation of the new Stadium Station Transit Oriented Development ARP, the development officer may:

    1. Adjust the maximum Floor Area Ratio for the entire site;

    2. Allow for increased density;

    3. Allow for increased maximum area for Commercial Uses;

    4. Relocation of Towers, provided minimum required Setback from the closest abutting roadway is maintained;

    5. Location of the Cultural Amenity Space;

    6. Location of the Commons Central Plaza;

    7. Location of parkade entrances, provided the minimum number of entrances per abutting roadways and the total number of entrances are maintained;

    8. Building footprint and articulation of Low Rise and Mid Rise developments;

    9. Parking areas in accordance with this DC2 Provision; and

    10. Location of active residential and commercial street frontages.

    1. The Development Officer shall not vary the maximum Building Heights specified in Table 2 of Section 4.1 and Section 5.3(a)of this DC2 Provision.

    1. Prior to considering the variance as per this DC2 Provision the Development Officer shall have regard to the following:

    1. The visual, sun/shadowing, and other microclimatic impacts on adjacent residential development; and

    2. All requirements, recommendations and mitigations as per any required technical studies.

    1. In the event that a variance is granted, the Development Officer shall specify the nature of the approved variance in the development permit approval.

    Appendices