Part IV Edmonton Zoning Bylaw

Section DC2.889

Bylaw 17246

June 22, 2015

DC2.889.1.        General Purpose

To accommodate a 123 metre high (approximately 37 Storeys) Tower with a mixture of Commercial, Basic Service, Community, Educational, Recreational and Cultural Service Use Classes in a podium with Residential and Residential-Related Use Classes above the podium.  Regulations are included to ensure integration of future development within the Warehouse Campus Neighbourhood and to provide for an active and inviting pedestrian oriented streetscape and a feature courtyard providing access to the residential lobby.

DC2.889.2.        Area of Application

This Provision shall apply to Lots 185-186 and the most northerly 14.63 m of Lot 187, Block 6, Plan B2; located on the east side of 106 Street NW, south of 102 Avenue NW, as shown on Schedule “A” of the Bylaw adopting this Provision, Downtown.

DC2.889.3.        Uses

  1. Apartment Housing

  2. Bars and Neighbourhood Pubs

  3. Business Support Services

  4. Child Care Services

  5. Convenience Retail Stores

  6. Creation and Production Establishments

  7. General Retail Stores

  8. Government Services

  9. Hotels

  10. Indoor Participant Recreation Services, above the ground Storey only

  11. Live Work Units

  12. Major Home Based Business

  13. Minor Home Based Business

  14. Personal Service Shops, excluding Body Rub Centres

  15. Professional, Financial and Office Support Services

  16. Private Clubs

  17. Private Education Services

  18. Public Libraries and Cultural Exhibits

  19. Residential Sales Centre

  20. Restaurants

  21. Secondhand Stores

  22. Specialty Food Services

  23. Veterinary Services

  24. Fascia On-premises Signs

  25. Projecting On-premises Signs

  26. Temporary On-premises Signs, excluding trailer mounted signs and/or signs with changeable copy

DC2.889.4.           Development Regulations

 4.1     General

  1. The development shall be in general conformance with Appendices I through VII.

  2. Restaurants or Bars & Neighbourhood Pubs shall not exceed 100 Occupants nor 120m2 of Public Space.

  3. The maximum Floor Area Ratio (FAR) shall not exceed 13.0.

  4. The maximum Height shall not exceed 123.0 m.

  5. The maximum number of Dwellings shall not exceed 260.

  6. The Height of the Street Wall along 106 Street NW shall not be less than 9.0m or more than 19.5m.  The Street Wall is measured from Grade to the top of the parapet.

  7. There are no required Setbacks for the development.  For any Setback greater than 0.0 m from 106 Street NW, it must be designed to accommodate street related activities, such as sidewalk cafes, architectural features and Landscaping that contributes to a pedestrian-oriented public realm to the satisfaction of the Development Officer.

  8. Tower Setbacks shall apply to the storeys of the development above the Street Wall and shall be as follows, as shown in Appendix III:

  1. Minimum 16.0 m on the south;

  2. Minimum 6.0 m on the west;

  3. Minimum 7.0 m on the north;

  4. Minimum 6.0 m on the east.

  1. Balconies shall not project more than 2.0 m into the Tower Setbacks.

  2. A minimum Private Outdoor Amenity Area of 9 m2 per Dwelling shall be provided.

  3. In addition to the Private Outdoor Amenity Area mentioned above, a minimum of 274 m2 of communal Amenity Area shall be provided within the building for use by residents.  Communal Amenity Area shall include, but is not be limited to, change room facilities, fitness rooms, residential meeting rooms, and outdoor patio area on the roof of the podium.

  4. The maximum Floor Plate shall be 605 m2 for the portion of the building within the Tower Setbacks as shown in Appendix III.

  5. With the exception of excavation, signage or change of Use permits, a Crime Prevention through Environmental Design Assessment or alternative safety audit shall be provided to the satisfaction of the Development Officer. 

  6. Pursuant to Sections 11.2 and 14.9 of the Zoning Bylaw, with the exception of excavation or signage permits, prior to the release of drawings for Building Permit review, a Phase II Environmental Site Assessment shall be submitted and reviewed to the satisfaction of the Development Officer in consultation with the Environment and Energy Co-ordination Unit. 

  7. Signs shall conform to Schedule 59F and be in accordance with the General Provisions of Section 59 of the Zoning Bylaw.

  8. The Development Officer shall have regard for visual harmony and the compatibility of the proposed sign with the architectural character and finish of the development and with the design, location and appearance of other signs on the development.

  9. A Comprehensive Sign Design Plan in accordance with the Provisions of Section 59.3 shall be submitted to the satisfaction of the Development Officer,

4.2     Parking, Loading and Waste

  1. Notwithstanding Section 54 of the Zoning Bylaw, the development shall provide a minimum of 230 and a maximum of 270 on-site vehicular parking spaces, including a minimum of 10 visitor parking spaces.

  2. All vehicular parking for all Uses, including visitor parking, shall be provided below Grade.

  3. Vehicular access and egress shall be provided off the rear Lane abutting the development in general conformance with Appendix I.

  4. The underground driveway ramp must not exceed a slope of 6% for a minimum distance of 4.5 m inside the property line and the ramp must be at Grade at the property line.

  5. Any underground parking access card devices must be located on Site, a minimum of 3 m inside the property line.

  6. Retaining walls bordering the underground driveway/parkade ramp, must not exceed a height of 0.3 m for a distance of 3 m from the property 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.

  7. The development shall provide a minimum of 40 indoor bicycle parking spaces developed in accordance with Section 54.3 of the Zoning Bylaw.

  8. Notwithstanding Section 54.4 of the Zoning Bylaw, one off-street vehicular loading space shall be provided and accessed from the rear Lane abutting the site in accordance with Appendix I.  The Development Officer may vary the dimensions of the loading space in consultation with Transportation Services.

  9. Loading, storage and waste collection areas shall be concealed from view from adjacent sites and public roadways in accordance with the provisions of Section 55 of the Edmonton Zoning Bylaw.

  10. Any waste collection area or storage area shall be located adjacent to the lane, within the principal building and designed to the satisfaction of the Development Officer in consultation with Waste Management Services and Transportation Services. Waste enclosures must be located entirely within private property and gates and/or doors of the waste enclosure must not open or encroach into road right-of-way

4.3     Landscaping

  1. Notwithstanding Section 55 of the Zoning Bylaw, Landscaping for the Site shall be in general conformance with Appendix II.

  2. A detailed Landscape Plan for the Site, including all existing and proposed utilities within the road right-of-way shall be submitted by a registered AALA Landscape Architect as part of a Development Permit application for review and approval by the Development Officer.

  3. The Landscape Plan shall include 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.

4.4     Architecture and Urban Design

  1. The exterior of the building shall be finished with high quality materials in general conformance with the appendices IV - VII.

  2. The ground floor portion of the Façade abutting 106 Street NW shall only contain glazing that is transparent, non-reflective, untinted and unobscured.

  3. Blank walls or non-transparent surfaces (excluding glazing) shall not exceed 50% of the linear building frontage at Grade, where fronting onto 106 Street NW.  Non-transparent surfaces shall be no wider than 2.6 m and shall be divided by glazing described in Section 4.4(b) of this Provision.

  4. The building shall provide a courtyard as a major entry feature and to provide gathering space for residents.

  5. The building shall be oriented to face 106 Street NW.

  6. Decorative and security lighting shall be designed and finished in a manner consistent with the architectural theme of the development and shall be provided to ensure a well-lit and safe environment for pedestrians, and to accentuate architectural elements, roof tops and public art.  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 to the satisfaction of the Development Officer.

  7. Architectural treatment of the ground storey fronting 106 Street NW shall ensure that windows are used and that the placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented shopping street with individual at-grade entrances.

  8. The portion of the development below the Tower shall be differentiated from the Tower by distinct architectural treatment in general conformance with Appendices IV through VII.

4.5     Improvements and Contributions

  1. As a condition of a Development Permit, the owner shall enter in to an Agreement with the City of Edmonton for off-site improvements necessary to serve the development, such improvements to be constructed at the owner's cost.  The Agreement process includes an engineering drawings review and engineering approval process that will address the extent of off-site improvements including access, servicing and related street improvements required as a result of the development. 

  2. In addition to those items listed in Section 4.5(a) of this Provision, there shall also be provision, at the owner’s expense, of upgraded paving and Landscaping of the pedestrian realm along 106 Street NW in front of the Site.  These improvements shall be included within an agreement with the City of Edmonton.  The final design of the improvements shall be to the satisfaction of the Development Officer in consultation with the City’s Urban Renewal planners, Transportation Services and Community Services (Forestry).

  3. 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.    The minimum design targets shall be in accordance with Appendix VIII.  With the exception of excavation and signage permits, upon submission of a Development Permit application, the applicant shall submit a detailed report prepared by a registered professional engineer or architect, indicating how the Sustainable Practices and Targets will be achieved upon construction completion.  Upon completion of the building, a second report prepared by a registered professional Architect or Engineer shall be submitted that demonstrates, to the satisfaction of the Development Officer, that the design and construction of the building meets the targets described in Appendix VIII.

  4. 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 the City at the time of Development Permit approval, the option to purchase 5% of the proposed number of residential units at 85% of the list price or to provide the equivalent value as cash in lieu to the City.

  5. Prior to the issuance of any development permit, the Owner shall contribute $6.95 per m2, proportional to the Gross Floor Area (GFA) of residential/commercial development, to the City of Edmonton in trust for the commission of public art up to a maximum total of $150,000.00. 

  1. If a development application has not been made within five (5) years of the date of this Bylaw approval, the Public Art contribution shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.