Part IV Edmonton Zoning Bylaw
Bylaw 18564
October 10, 2018
To provide for a mid- and high-rise Apartment Housing development designed with a pedestrian friendly character and streetscape.
This DC2 Provision shall apply to Lot 1A, Block 4, Plan 122 1538, located north of 101 Avenue NW, and east of 79 Street NW as shown on Schedule “A” of the Bylaw adopting this DC2 Provision, Forest Heights.
Apartment Housing
Convenience Retail Stores
General Retail Stores
Health Services
Live Work Units
Lodging Houses
Minor Home Based Business
Personal Service Shops
Residential Sales Centre
Specialty Food Services
Fascia On-premises Signs
Projecting On-premises Signs
Notwithstanding the other Development Regulations, the Appendices of this Provision and Section 720.3(2) of the Zoning Bylaw 12800:
In the event that the owner/developer does not obtain a demolition permit for all structures existing at the time of passage of this Charter Bylaw by November 26, 2018, and demolish all such structures to the point of clearing all debris from the Site by August 31, 2019, the following shall apply:
The maximum height for the portion of the proposed building adjacent to 101 Avenue NW shall be 15 m;
The maximum height for the portion of the building adjacent to the north setback shall be 27 m; and
The maximum number of residential units shall be 132; and
In the event that the owner/developer does not obtain a Building Permit and commence construction of the principle building by October 24, 2022 the following shall apply:
The maximum height for the portion of the proposed building adjacent to 101 Avenue NW shall be 15 m;
The maximum height for the portion of the building adjacent to the north setback shall be 27 m; and
The maximum number of residential units shall be 132.
Development shall be in general accordance with Appendices 1-9 of this Provision, to the satisfaction of the Development Officer.
The maximum number of residential units shall not exceed 300 in any combination of Dwellings or Sleeping Units, of which a minimum of 70 units shall be assisted living as per sections 93 and 94. a i, ii, iii, iv, v, vii and viii of the Zoning Bylaw 12800.
The maximum Floor Area Ratio shall not exceed 6.0.
The maximum building Heights will be in general accordance with Appendices 2 and 5 to 8 and shall not exceed:
25 m for building area adjacent to 101 Avenue NW as shown in Appendices 5 to 8; and
54 m for building area set back from 101 Avenue NW as shown in Appendices 5 to 8.
The Height shall be determined as per Section 52 of Zoning Bylaw 12800.
The minimum required Setbacks shall be applied as illustrated on Appendix 2: Building Heights, and are as follows:
4.0 m adjacent to the south property line (abutting 101 Avenue).
3.0 m adjacent to the west property line (abutting Capilano Ravine).
5.5 m adjacent to the east property line (abutting the Edmonton Jewish Cemetery, 7622 – 101 Avenue NW).
4.0 m adjacent to the north property lines (abutting Capilano Ravine).
4.0 m adjacent to the northwest property line (abutting Capilano Ravine)
The main entry canopy may extend to the property line.
Notwithstanding section 4.1(g), the parkade shall be setback 6.0 m from the east property line as identified by the "Line of Parkade Below" line on Appendix 1, Site Plan.
Commercial Uses shall be limited to a total of 200.0 m2 in Floor Area for the whole Site. A minimum of 100 m2 in Floor Area of publicly accessible Commercial Uses shall be provided on Site. Commercial Uses shall have entrances open to the public facing 101 Avenue NW and be easily accessible by the public to the satisfaction of the Development Officer.
The following regulations shall apply to Amenity Areas:
A minimum Amenity Area of 7.5 m2 per Dwelling Unit shall be provided. Notwithstanding Section 46.3(a) of the Zoning Bylaw 12800, balconies that form part of the roof because of the stepbacks will not have a minimum depth. The area of these balconies less than 2.0 m deep shall be included in the calculation of the required Amenity Area.
A minimum of 800 m2 of indoor common Amenity Areas shall be located inside the building and shall include furniture and fixtures that accommodate small social gatherings and/or active recreational pursuits (such as tables and chairs, kitchen facilities, exercise or play equipment), and provide access to other common areas within the building and to any outdoor communal Amenity Area. For all units provided as “assisted living spaces” that meet the requirements of Sections 93 and 94.a i, ii, iii, iv, v, vii, and viii of the Zoning Bylaw 12800, the indoor common Amenity Areas shall be increased as per these sections.
Outdoor common Amenity Areas consisting of but not limited to a gazebo area, patios, roof top, and walkways as generally identified on Appendices 1 and 2, and shall be provided to a minimum total size of 500 m2 and shall be included in the Landscape Plan.
All mechanical equipment, including roof mechanical equipment 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. Mechanical systems shall not be located within a required setback, and shall not be located adjacent to any outdoor Amenity Area.
Crime Prevention Through Environmental Design (CPTED) principles shall be used to design public and private spaces and facilities, focusing on natural surveillance and access control.
The Development Officer shall require that a CPTED Assessment of the proposed development be completed by a qualified third party, and be provided prior to the issuance of a Development Permit. The required CPTED Assessment shall specify areas of non-compliance of the proposed development plans with CPTED principles, and solutions to the issues identified.
The Development Officer may confer with the Edmonton Police Service for their recommendation regarding CPTED.
The Development Officer may include recommendations of the CPTED Assessment and the Edmonton Police Service that, in the Development Officer’s opinion, have implications for land use impacts including, but not limited to exterior illumination, landscaping, screening, signs, and access as conditions of the Development Permit.
The development shall comply with Zoning Bylaw 12800 Section 58, General Performance Standards for a Safe Physical Environment.
The Development Officer shall further consider CPTED principles by ensuring:
The exterior of the building has glazing facing the street to allow natural surveillance, as described in section 9.2 d. of this Provision;
The applicant shall demonstrate that exterior lighting is in accordance with the minimum safety standards prescribed by the Illuminating Engineering Society of North America by providing an engineer’s report;
Landscaping along the frontage of 101 Avenue NW, extending around the western frontage as shown on Appendix 4, shall be low-growing shrubs or deciduous trees with a high canopy at maturity. All foliage shall be kept trimmed back to prevent loss of natural surveillance.
Lighting shall comply with Section 51 of the Zoning Bylaw 12800 and the following regulations shall also apply.
A Lighting Plan shall be required and provided to the satisfaction of the Development Officer.
The Lighting Plan shall show pedestrian scale lighting, and lighting underneath the front entrance canopy, at a minimum as provided in Appendix 3, and other exterior lighting.
The Lighting Plan shall indicate on-Site walkway and pedestrian level lighting around the perimeter of the building, which provides consistent illumination of all pedestrian pathways, sidewalks, public road frontages, outdoor common areas, and patios.
Pedestrian level lighting is required at all vehicle and pedestrian access points and entrances to the Site.
Pedestrian level lighting is required along 101 Avenue NW and active residential frontage.
Pedestrian level lighting shall use white light.
The applicant shall demonstrate that lighting complies with the Illuminating Engineering Society of North America standard and the Model National Energy Code for Buildings specified under Appendix 9.
Signs shall comply with the regulations found in Schedule 59B of Zoning Bylaw 12800.
Parking for visitors, passenger drop-offs, loading areas, and commercial customers shall be clearly signed.
A Landscape Plan shall be provided in general accordance with Appendix 4:
In addition to the requirements of Section 55.3.1 the Development Officer shall ensure that the Landscape Plan includes the following components in general accordance with Appendix 4, Illustrative Landscape Concept:
The Development Officer shall require that a Landscape Plan be provided and stamped by a certified Landscape Architect.
All parkade Setbacks, or any portions of them, must be unobstructed and undisturbed below Grade in order to provide an adequate growing environment including but not limited to soil composition and depth for the maturation of required Landscaping.
Soil above underground parking facilities shall be of sufficient depth to accommodate required landscaping, including trees, shrubs, flower beds, grass and ground cover. All top of parkade areas as identified in the Illustrative Landscape Concept shall consist of soft landscaping. This shall require verification by a letter from a qualified Landscape Architect.
Access point(s) to the adjacent park Site shall be determined at the Development Permit stage and shall be provided to the satisfaction of the Development Officer in consultation with Parks Planning. Any required steps will be contained on Site. Access points shall also include garbage receptacles on Site.
The Landscape Plan must identify any retaining walls needed for re-grading the Site and any retaining walls shall not exceed 1 m in height relative to adjacent park land. Where retaining walls are required, they shall be fully contained on Site and designed in a manner that would be in keeping with the North Saskatchewan River Valley and Ravine System, such as a river stone rock base.
The landscape design shall respect the existing fencing and vegetation along the eastern property line on the abutting property through detailed identification of these elements on the Landscape Plan to the satisfaction of the Development Officer.
Setbacks along the Site adjacent to 101 Avenue NW and the park Site shall be landscaped to demarcate public and private space consistent with the boundaries of the ground floor units behind this Setback area. Demarcation shall be set back a minimum of 1.2 m from the property line at 101 Avenue, and 1.5 m from the property line abutting the park, as generally illustrated on Appendix 1.
Suitable soft landscaping screening/demarcation shall be provided between common outdoor Amenity Areas and private outdoor Amenity Areas.
A wrought iron 1.0 m ornamental fence shall be located around portions of the edge of the Site and at the edge of the perimeter walkways, within the property along 101 Avenue NW and the park, as illustrated on Appendix 1. Gates shall be provided for all access points as identified on Appendices 1 to 4.
Landscaping, fencing, screening, signage, barriers, or other ancillary structures, generally shall not obstruct views in to the Site or out from the Site to public areas, streets, or parks. Vertical field of view from the building shall be unobstructed between 1.0 m and 2.0 m as measured from ground level. Along 101 Avenue NW, field of view shall be unobstructed between 0.5 m and 2.0 m as measured from ground level.
Landscaping along 101 Avenue NW shall be low-growing shrubs or deciduous trees with a high canopy at maturity, and all foliage shall be kept trimmed back to prevent loss of natural surveillance.
The Landscape Plan shall also include off-Site improvements along 101 Avenue NW and within the Park as further detailed in section 10 of this Provision;
Off-Site landscaping shall be provided to the satisfaction of the Development Officer in consultation with Parks Planning:
in the adjacent park land in locations where retaining walls are required.
The applicant shall submit a Lot Grading Plan to the satisfaction of the Development Officer in consultation with Drainage Planning and Parks Planning.
Loading and Garbage Areas shall be provided to the satisfaction of the Development Officer in consultation with Transportation Planning & Engineering and Waste Management Services, as generally identified on the Site Plan, Appendix 1.
Loading, storage, and garbage collection areas shall be concealed from view from adjacent Sites and public roadways in accordance with the provisions of Section 54. The garbage collection area shall be designed to the satisfaction of the Development Officer in consultation with Waste Management Services and Transportation Planning & Engineering.
Vehicular and bicycle parking shall be located as follows to the satisfaction of the Development Officer in consultation with Transportation Planning & Engineering, including:
A minimum of 3 loading spaces shall be provided at Grade.
A minimum of 18 weather-protected bicycle spaces shall be provided. Weather protection at a minimum requires overhead canopy or roof which fully covers bicycles and users accessing the bicycles when parked in the bicycle spaces.
Parking shall be provided in accordance with section 54 of the Zoning Bylaw 12800. Notwithstanding section 54 of the Zoning Bylaw 12800, a maximum of 343 parking spaces is permitted, a minimum of 178 parking spaces are required if the Parking Reductions as provided for in section 8.c.v. are exercised, and all parking shall be provided in the underground parkade.
No separate parking is required for the commercial uses.
The Development Officer shall have the authority to reduce minimum parking requirements when any or all of the following are met:
Parking may be reduced by a rate of 2.75 parking stalls to a total of 55 stalls, if an on-Site car share program is provided by the Owner / Developer. Of the remaining parking spaces, up to 20 stalls shall be designated for car share uses. 1 car share vehicle shall be provided per designated stall to a maximum of 20 car share vehicles on Site (a rate of reduction of 2.75 stalls for each 1 car share stall provided).
Parking may be further reduced by another 55 stalls if all the residential unit parking spaces are sold independent of the residential units.
Parking may be further reduced by another 55 stalls if 70 units are provided as “assisted living spaces” that meet the requirements of Sections 93 and 94.a i, ii, iii, iv, v, vii, and viii of the Zoning Bylaw 12800. 15 parking spaces shall be designated for staff parking. If fewer than 70 units comply with these requirements, the respective Zoning Bylaw 12800 parking rate for Section 93 and 94 units shall apply.
Visitor parking shall be provided underground at a rate of 1 stall per 7 Dwellings or Sleeping Units.
Underground Visitor Parking shall be located in close proximity to the parkade entrance and shall be properly signed and controlled. Visitor parking shall be separated and secured from the residential parking, to the satisfaction of the Development Officer.
Access to the Site shall consist of one all directional access from 101 Avenue on the southeast side of the property as per Appendix 1, Site Plan.
The Parking Garage shall comply with Section 54.7.
Development in this Provision shall be in accordance with the following design regulations, as illustrated in the Appendices, to the satisfaction of the Development Officer.
The Building shall be located as per Appendices 1 and 2, Site Plan and Building Heights.
The building façade shall be punctuated at varying intervals with indentations in general accordance with Appendices 1 and 2, Site Plan and Building Heights.
The maximum building length for the portion along 101 Avenue NW shall not exceed 60 meters.
Building design shall use techniques that include façade articulation, active frontages, variable materials and colours, in order to avoid long monotonous building facades and to create an interesting streetscape.
The 54 m tower portion of the building must be designed to include a discernable base and podium by use of different architectural elements and treatments, materials, and colors, to break up vertical massing and provide human scale development, including but not limited to the following:
Ground floor columns, including ground floor private amenity areas, shall be finished in a high quality material consistent with the base of the building;
The first two storeys shall feature stone wrap for a minimum 70% of non-glazed portions of each frontage, in general accordance with Appendices 5-8; and
Intermediate heights and stepbacks shall be in general accordance with Appendices 2 and 5-8.
A minimum of three colors, three textures, and three materials are required. Colours and materials shall follow article 2.1.4 “Architectural Design, Materials and Colour” of the City of Edmonton Winter City Design Guidelines.
Exterior finishing materials shall provide visual interest, and be durable and of high quality, including but not limited to natural stone, brick, acrylic stucco, metal, and glazing, and is to be consistent with treatment on all faces of the building. Vinyl siding and artificial stone is prohibited as a finishing material for the buildings.
Colour schemes shall tie building elements together and enhance the architectural form of the building, to the satisfaction of the Development Officer in consultation with Urban Planning and Design.
The ground floor portion of the façade abutting 101 Avenue NW and along the public park areas shall contain glazing that is transparent, non-reflective, untinted, and unobscured. Blank walls or non-transparent surfaces shall not exceed 20% of the building frontage at Grade, where fronting on to 101 Avenue NW.
A variety of style and placement of windows with trim shall be utilized in order to create vertical and horizontal differentiation and visual interest.
The parkade entrance and any exposed portion of it shall be finished in a material compatible with the base of the building creating a unified exterior. No exposed concrete is permitted.
Overhead weather protection shall be provided for all exterior entrances (such as glass canopies).
All ground floor Dwelling Units and Sleeping Units abutting public roadways and parks shall feature individual external front door entrances, which are not to be sliding doors. Ground floor entries shall be distinguished from balconies above through the use of different architectural elements such as unenclosed porches/verandas, building materials, colours, and landscaped yards.
Common areas on the ground floor which front 101 Avenue NW shall provide active frontage and direct access to the patio area and 101 Avenue NW, as shown on Appendices 1 and 2.
All ground floor commercial units which front 101 Avenue NW shall be developed as active commercial and shall feature individual external front door entrances, not to be sliding doors, and direct public access to the patio area and to 101 Avenue NW.
The individual external door entrances shall not be obscured, obstructed, or otherwise prevent their use as a primary entrance to the commercial space.
The individual external door entrances shall be clearly demarcated as primary entrances to the commercial space.
Projections into Setbacks shall comply with Section 44 of the Zoning Bylaw 12800, except that the verandas, eaves, associated stairs and balconies above may project into Setbacks as identified in Appendices 1 and 2, provided such projections do not exceed 3.0 m into such Setbacks.
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. Sustainability 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 9, Sustainable Strategies and Targets.
The Owner shall enter into an 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. The agreement must be executed prior to the release of drawings for Building Permit review. Improvements to be addressed in the agreement include, but are not limited to the following:
Removal and reconstruction of a 2.1 m monolithic sidewalk including reconstruction of the existing curb, on the north side of 101 Avenue NW;
Construction of a minimum 7.5 m wide all-directional curb return access for the access on the north side of 101 Avenue NW;
The bus stop located east of the Site on 101 Avenue, bus stop #2021, shall require upgrade;
The existing accesses to 101 Avenue must be filled in with the construction of the curb and gutter, and boulevard restoration;
Repair of any damage to the abutting roadways and or sidewalks resulting from construction of the development, to the satisfaction of Transportation Planning & Engineering. The Site must be inspected by Transportation Planning & Engineering prior to construction and once again when the construction is complete;
Construction of a new service control valve to provide water service to the Site and upgrading of the water main located within 77 Street NW and a portion of 101 Avenue NW from a 150 mm water main to a 300 mm water main to provide adequate fire flow, to the satisfaction of EPCOR Water;
The existing hydrant H2994 must be relocated adjacent to the proposed access to the lot, to the satisfaction of EPCOR Water;
The existing power pole adjacent to the proposed access if not removed must be relocated to the satisfaction of EPCOR Power and Transportation Planning & Engineering;
Construction of a 3.0 m wide hard surface shared use path between 101 Avenue NW and 102 Avenue NW through Capilano Ravine, as shown on Appendix 1, to the Satisfaction of Parks Planning and Transportation Planning & Engineering; and
Restoration of the road closure area within the adjacent park Site, to the satisfaction of Parks Planning.
Affordable Housing
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 Development Permit approval, the option to purchase five percent of the proposed number of residential units (rounded to the nearest unit) at 85 percent of the market value or the equivalent value as cash-in-lieu to the City.
Public Realm Improvements
As a condition of any Development Permit, and prior to the release of drawings for Building Permit review, the owner shall enter into an agreement with the City of Edmonton whereby the owner shall provide a contribution of $250,000 in trust for the commission of City of Edmonton public facility enhancements within the Forest Heights and Terrace Heights neighbourhoods.
The public facility enhancements shall be determined in consultation with appropriate City Departments (such as Community Services) to determine programming needs and requirements. The enhancements may include, but are not limited to:
a community garden;
an outdoor patio with barbeque;
reconstruction of pathways and trails within or serving Community League Sites or parks with developed amenities;
new public signage for advertising community events; and/or
benches along trails or pathways;
located within the Terrace Heights and Forest Heights neighbourhoods.
If a development application has not been made within five (5) years of the date of passage of this Bylaw, the public facility enhancements contribution shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.