Central McDougall Queen Mary Park ARP

DC1 Area 3 - Precinct E

 

Bylaw 14141

December 2005

1)        Area of Application

Lands located on the south side of 105 Avenue, between 112 Street and 115 Street, designated as Precinct ’E’ - High Rise Apartments, as shown on Map 8.

2)        Rationale

To accommodate opportunities for the development of high rise apartments to provide a transition from the Oliver neighbourhood and Oliver Square to the medium density portion of the Queen Mary Park neighbourhood and Precinct ’D’.

3)        Uses

a)       Apartment Housing

b)       Boarding and Lodging Houses, for seniors housing only

c)       Child Care Services

d)       Convenience Retail Stores

e)       Health Services

f)       Minor Home Based Business

g)       Personal Service Shops

h)       Professional, Financial, and Office Support Services

i)        Residential Sales Centre

j)        Restaurants, for less than 100 occupants and 120 m2 of Public Space

k)       Specialty Food Services, for less than 40 occupants and 48 m2 of Public Space

l)        Stacked Row Housing, including Row Housing, only when incorporated at the lower levels of a high rise building

m)      Fascia On-premises Signs

n)       Freestanding On-premises Signs

o)       Projecting On-premises Signs

p)       Temporary On-premises Signs, not including portable Signs

4)        Development Regulations

a)       The overall Site development shall be in accordance with the urban design criteria established herein and in the Central McDougall/Queen Mary Park Area Redevelopment Plan for this Precinct.

b)       Prior to the issuance of any Development Permit, the owner shall provide proof satisfactory to the Development Officer in consultation with Alberta Environment, the Capital Health Authority, and the Transportation Department that, if necessary, the lands have been remediated to allow the intended uses.

c)       The maximum Floor Area Ratio of any development shall be 3.0.

d)       The maximum Density shall be 300 Dwellings/ha.

e)       The maximum Height shall be 9 Storeys or 28.0 m.  Notwithstanding this maximum, no building in this area shall exceed the maximum Height established by the Airport Protection Overlay of the Zoning Bylaw.

f)       No Front, Rear, or Side Yards are required.

g)       No Amenity Area or Private Outdoor Amenity Area is required for any development subject to this Provision.

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

i)        Access to vehicular Parking Garages or parking areas from 105 Avenue must be in accordance with the 105 Avenue Corridor Study and to the satisfaction of the Transportation and Planning and Development Departments.

j)        Loading, storage, and trash collection areas shall be located in such a manner to be screened from view from adjacent sites and public roadways in accordance with the provisions of Section 55 of the Zoning Bylaw. If the Rear or Sides of a Site are used for surface vehicular parking, it shall be screened in accordance with the provisions of Section 55 of the Zoning Bylaw.

k)       Underground driveway ramps for Apartment Housing and Stacked Row Housing, including Row Housing developments must not exceed a slope of 6% and the ramp must be at Grade at the property line, to the satisfaction of the Transportation Department.

l)        No surface vehicular parking areas are permitted abutting any public roadway, other than a Lane.

m)      Vehicular and Bicycle Parking shall be in accordance with Section 54 of the Zoning Bylaw.

n)       Secure indoor Bicycle Parking for residents and outdoor visitor Bicycle Parking will be required for Residential developments.  The number of stalls required and the location of Residential and visitor Bicycle Parking shall be to the satisfaction of the Transportation Department.

o)       The owner shall submit a market value appraisal for the subject Site at the time of the submission of a Development Permit application for the purposes of determining the amount of the redevelopment levy that applies to the Site.  The appraisal will estimate the market value of the subject Site, based on the highest and best use of the land, as if vacant, and with the effective date of valuation being within 30 days of Development Permit application.  The appraisal report must be reviewed and accepted by the Appraisal Section of the Asset Management and Public Works Department, and the Community Services Department.  The redevelopment levy shall be an amount representing 8% of the estimated market value of the Site, as if vacant, and shall be paid to the City of Edmonton as a condition of the approval of a Development Permit. All redevelopment levies collected will be used to fund the acquisition of public park space as identified in the Central McDougall/Queen Mary Park Area Redevelopment Plan.

p)       The owner shall be responsible for the costs of the required streetscape improvements to the portion(s) of road right(s)-of-way abutting a Site (from private property line to the new curb) that are identified by the 105 Avenue Corridor Study, and/or identified by the Community Services, Planning and Development, or Transportation Departments as part of the development. These costs shall be paid to the City of Edmonton as a condition of the approval of a Development Permit.  These streetscaping improvements may include, but are not limited to, new sidewalks, streetlights, boulevard landscaping, boulevard trees, street furniture, and/or the relocation of utilities underground.

q)       Where applicable, the Site plan submitted with a Development Permit application must indicate the coordination between development on the subject Site and the adjacent 105 Avenue corridor, in accordance with the 105 Avenue Corridor Study.

r)       The owner, when deemed necessary, shall be responsible for analyzing a portion of the sewer system affected by the development Site to determine sewer servicing and upgrading requirements to the satisfaction of the Drainage Services Branch of the Asset Management and Public Works Department.  In addition, costs for relocating/abandoning sewer lines as a result of street/lane closures will be the responsibility of the owner.

s)       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.

t)       The owner shall submit a Crime Prevention Through Environmental Design (CPTED) Assessment that shall be reviewed and accepted by the Development Officer prior to the issuance of a Development Permit to ensure that development on the Site provides a safe urban environment in accordance with the guidelines and principles established in the Design Guide for a Safer City.

u)       Child Care Services; Convenience Retail Stores; Health Services; Personal Service Shops; Professional, Financial, and Office Support Services; Restaurants; and Specialty Food Services shall only be permitted when designed as an integral and secondary component of a high rise residential development, and shall not be developed above the lowest Storey of a building.

v)       Signs shall comply with the regulations in Schedule 59B of the Zoning Bylaw.  Portable Signs shall not be permitted on any Site.

5)        Urban Design Regulations

a)       Where the ground (first) floor of any development is designed for Commercial Uses, the building shall be constructed to the Front property line. The Development Officer may allow a building Setback from the Front property line of up to 2.5 m, only to accommodate street related activities such as sidewalk cafés, colonnades, arcades, or plazas.  The 2.5 m building Setback shall not be used exclusively for Landscaping.

b)       Where the ground (first) floor of any development is designed for Residential Uses, the building shall be constructed to the Front property line.  The Development Officer may allow a building Setback from the Front property line of up to 4.5 m, only to provide physical separation from the abutting street for the Dwelling units provided this Setback accommodates patios, courtyards, terraces, or other private amenity space directly associated with the abutting Dwelling unit.  The 4.5 m building Setback for Residential Uses shall not be used exclusively for Landscaping.

c)       There shall be a minimum of 3 and a maximum of 5 Storeys of a building immediately abutting 105 Avenue.  Any portion of a building exceeding a Height of 5 Storeys or 17.5 m shall be set back a minimum of 4.5 m from the lower portion of the building adjacent to a public roadway, other than a Lane. 

Explanatory Note

A 4.5 m setback between the front of the building and upper building storeys is intended to reduce the perceived mass of a building and promote the pedestrian scale of the street.  The following graphic representation provides a possible conceptual application of this regulation for interpretive purposes.

d)       All developments shall provide a minimum 7.5 m building Setback from the Rear property line above the podium level of the building.

e)       All developments shall provide a minimum 2.0 m building Setback from the Side property lines above the podium level of the building.

f)       No portion of an above Grade Parking Garage on the ground (first) floor shall be allowed for a minimum depth of 10.0 m from any building façade facing a public roadway, other than a Lane.

g)       No portion of an above Grade Parking Garage above the ground (first) floor of the podium portion of a building shall be allowed for a minimum depth of 6.0 m from any building façade facing a public roadway, other than a Lane. 

Explanatory Note

Community identity, stability of ownership, and residential character all require that a relationship be developed between residents, businesses, and the neighbourhood. Minimum setbacks for useable space, separating above-ground parking from the front of a building, provides an opportunity for a range of building uses that bind people more fully to the community and thereby contribute to the character and identity of an area.  The following graphic representation provides a possible conceptual application of these regulations [(f) and (g)] for interpretive purposes. 

h)       Buildings shall address all adjacent public roadways, other than Lanes, with individual entrances that are clearly visible to lend a sense of occupancy to the street. Buildings on corner Sites shall address both the street and avenue and shall distinguish the street intersection to give it prominence.

i)        Where a Dwelling unit is provided at ground level abutting a public roadway, other than a Lane, the principal entrance to the unit shall have direct external access to the adjacent public sidewalk.

j)        Where a Commercial Use is provided at ground level abutting a public roadway, other than a Lane, the principal entrance to the unit shall have direct external access to the adjacent public sidewalk. A minimum of 50% of the ground (first) floor level portion of the façade abutting a public roadway, other than a Lane, shall be comprised of clear, nonreflective glazing to promote pedestrian interaction and safety.

k)       At least 80% of the floor elevation of the ground (first) floor shall be no higher than 1.0 m above the mean Grade of the adjacent public sidewalk, at the property line.

l)        Any building with a single wall length greater than 15.0 m visible from a public roadway shall comply with the following:

i)        the building façade shall include design elements, materials, and articulation that reduce the perceived mass of the building façade and add architectural interest.

m)      Blank walls (with or without windows) of vehicular Parking Garages shall not be developed adjacent to, or visible from, any public roadway.

n)       To ensure a high standard of development, building design plans shall be submitted with a Development Permit application.  Such plans shall be to the satisfaction of the Development Officer and shall include details of overall site layout, exterior building treatment and colour scheme, perimeter and internal landscaping, fencing and screening, and surface vehicular parking layout.

o)       The finishing of the podium portion of any development shall consist of materials such as glass and glazed window wall systems, brick, stone, architectural concrete, and/or precast coloured concrete.

p)       The use of stucco as a finishing material is not permitted on the podium portion of any development. The use of stucco on the tower portion of any development shall be limited to a maximum of 15% of the exterior surface area of the tower.

q)       Development on a Site shall incorporate functional and decorative lighting to enhance the appearance of the building during the winter months, and, if applicable, to provide additional lighting for the 105 Avenue corridor.

r)       Where Commercial Uses are developed on the ground (first) floor of a building that is built to the Front property line, weather protection in the form of a canopy at least 2.0 m wide or any other method suitable to the architectural style of the building or street theme, shall be provided one Storey above sidewalk level to provide a comfortable environment for pedestrians.

s)       Buildings shall be designed through their massing and location, to avoid adverse microclimatic effects such as wind tunnelling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-site.  The Development Officer may require the submission of a Wind Impact Statement or Study, and/or a Sun Shadow Impact Study to determine that proposed development achieves these objectives.

t)       Main building entrances for any Use shall be designed for universal accessibility. Level changes from the sidewalk to entrances of buildings shall be minimized.  Sidewalk furniture and other elements shall be located out of the travel path to ensure they are not obstacles to building access.

u)       The upper two to four Storeys of high rise buildings shall step back from the lower levels of the tower portion of the building and provide distinctive shaping or sculpting of the roof line to contribute to a unique and interesting skyline.

v)       Development shall have regard for the interface between buildings in this Precinct and existing development immediately to the south.

6.         Development Guidelines

a)       Apartment Housing developments in this Precinct should incorporate 100 percent visitability and 10 percent adaptable suites to ensure universal accessibility.

b)       The maximum Height opportunity presented in this Provision should be utilized to develop high rise buildings that reduce the impact of the upper levels of the building above the podium portion of the building to maintain view corridors of the Downtown, maximize solar penetration, and reduce adverse microclimatic effects related to wind and shadowing.

c)       Where feasible, developments should provide gardens or patios on the top of the podium level and building rooftops to improve rooftop aesthetics and provide additional amenity space.

d)       Development in this Precinct should utilize infrastructure practices and site designs that reduce the consumption of water, energy, and materials consistent with Leadership in Energy and Environmental Design (LEED) accreditation.

e)       Landscaping of Sites in this Precinct should consider the use of plant materials that provide colour throughout the year to enhance their appearance during the winter months.

f)       A variety of residential housing forms will be encouraged throughout this Precinct to support an enhanced pedestrian environment.

g)       The redevelopment and/or renovation of existing buildings in this Precinct will address the adjacent street with frontage that improves the pedestrian environment.