Bylaw 14398
Amendment No.727
WHEREAS Lots 21 to 30, inclusive, Block 9, Plan NA, located east of 98 Street NW and north of 105 Avenue NW, McCauley, Edmonton, Alberta, are specified on the Zoning Map as (CB2) General Business 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 21 to 30, inclusive, Block 9, Plan NA, located east of 98 Street NW and north of 105 Avenue NW, McCauley, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule ”A”, (CB2) General Business 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.
SCHEDULE ”A”

To accommodate a 13 Storey apartment building with ground floor commercial uses and a two storey above grade Parking Garage with ground floor commercial uses, and to establish site development regulations which will ensure compatibility with surrounding land uses in this area of the Chinatown North Special Commercial Sub-Area of the Boyle Street/McCauley Area Redevelopment Plan.
Lots 21-30, Block 9, Plan NA; containing 0.306 ha, more or less, located north of 105 Avenue and east of 98 Street, McCauley, as shown on Schedule ”A” of the Bylaw adopting this Provision.
a. Apartment Housing
b. Apartment Hotels
c. Bars and Neighbourhood Pubs, for less than 200 occupants and 240 m2 of Public Space
d. Business Support Services
e. Commercial Schools
f. Custom Manufacturing Establishments
g. General Retail Stores
h. Government Services
i. Health Services
j. Household Repair Services
k. Indoor Participant Recreation Services
l. Minor Alcohol Sales
m. Minor Amusement Establishments
n. Non-accessory Parking
o. Personal Service Shops
p. Private Clubs
q. Professional, Financial and Office Support Services
r. Residential Sales Centre
s. Restaurants, for less than 200 occupants and 240 m2 of Public Space
t. Specialty Food Services, for less than 100 occupants and 120 m2 of Public Space
u. Fascia On-premises Signs
v. Freestanding On-premises Signs
w. Projecting On-premises Signs
x. Temporary On-premises Signs
4. Development Regulations
a. The Site layout and building location shall be in accordance with the Site plan as illustrated in Appendix I.
b. The elevations of the building and the rooftop parking area shall be in general accordance with the drawings as illustrated in Appendix II.
c. The overall Floor Area Ratio shall be 5.0; of that the maximum Floor Area Ratio for Apartment Housing and Apartment Hotels shall be 2.9.
d. The maximum Height shall not exceed 41.55 m nor 13 Storeys.
e. The maximum number of Dwelling units shall be eighty (80), consisting of forty-three (43), two (2) bedroom Dwelling units and thirty-seven (37), one (1) bedroom Dwelling units.
f. The Apartment Housing portion of the development above the second Storey must be set back a minimum of 3.6 m from the lower portion of the building adjacent to 98 Street and 105 Avenue.
g. A detailed Landscaping plan for the entire Site shall be submitted and approved by the Development Officer prior to the approval of any Development Permit(s).
h. Development shall be in accordance with the following architectural guidelines, to the satisfaction of the Development Officer:
i. all exterior finishing materials must be of a high quality, durable, and attractive in appearance;
ii. on-Site security and building lighting will provide a safe-lit environment and ensure that the illumination is directed downwards and not towards adjacent properties;
iii. all mechanical equipment on the roof of any building shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building;
vi. architectural treatment of the development shall ensure that the ground level commercial space provides windows on the façade of the building, and that the placement and type of windows shall provide clear glazing to allow viewing into the building to promote pedestrian interaction and safety; and
v. materials, patterns, and colours of the lower portion of the building and the site shall reflect the characteristics of the 97 Street Chinatown area.
i. Development on the site shall create a pedestrian-friendly environment on 98 Street and 105 Avenue, which may include such things as entrance features, outdoor sitting areas, canopies, landscaping, and other features that lend visual interest and a human scale to development along the street.
j. The owner shall be responsible for the costs of the required streetscape improvements to the portions of 105 Avenue abutting the Site (from private property line to the new curb) that are identified by the 105 Avenue Corridor Study, and/or identified by the Asset Management and Public Works, 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.
k. The owner shall be responsible for the costs of streetscaping improvements to the 98 Street frontage of the Site identified by the Asset Management and Public Works, Planning and Development, or Transportation Departments as part of the development. The streetscaping improvements shall reflect the existing Chinatown-themed improvements on 97 Street.
l. A Crime Prevention Through Environmental Design (CPTED) Assessment shall be reviewed and accepted by the Development Officer 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.
m. No parking, loading, storage, trash collection, outdoor service, or display area shall be permitted within a required Yard. Loading, storage, and trash collection areas shall be located to the rear or sides of the principal building and shall be screened from view from any adjacent Sites, public roadways, or Light Rail Transit lines in accordance with the provisions of subsection 55.4 of the Zoning Bylaw.
n. The minimum number of off-street vehicular parking spaces required shall be in accordance with the provisions of Schedule 1 of Section 54 of the Zoning Bylaw, except that:
i. for Professional, Financial, and Office Support Services at grade, vehicular parking shall be provided on the basis of 1.1 parking spaces per 100 m2 of Floor Area and no vehicular parking spaces shall be required for this Use on upper floors;
ii. for Specialty Food Services, Restaurants, and Bars and Neighbourhood Pubs, parking shall be provided on the basis of one parking space per 4.8 m2 of Public Space;
iii. for all other Commercial Use Classes, parking shall be provided on the basis of 1.1 parking spaces per 100 m2 of Floor Area; and
iv. Accessory vehicular parking shall be located at the rear of the building.
o. Blank walls (with or without windows) of vehicular Parking Garages shall not be developed adjacent to, or visible from, any public roadway, other than a Lane.
p. Grade at the property line, to the satisfaction of the Transportation Department.
q. Apartment Housing with Commercial Uses on the ground floor shall have access at Grade that is separate from the Commercial premises.
r. Vehicular access to the site shall be to the satisfaction of the Transportation Department.
s. 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.
t. Development on the 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.
u. 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.
v. Prior to the issuance of a Development Permit for the future pedway connection over the Lane to the east of the subject Site as identified on Appendix I and Appendix II, the owner shall obtain approval for the pedway connection from the Transportation Department and successfully execute a Pedway Agreement with the City of Edmonton.
w. A Comprehensive Sign Design 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 Application, to be approved by the Development Officer.
x. Signs shall be in accordance with Schedule 59E of the Zoning Bylaw., with the intent to compliment the pedestrian-oriented commercial environment, except that:
i. the maximum Height of a Freestanding Sign shall be 3.0 m along 105 Avenue;
i. no Freestanding Sign shall be located along 98 Street;
iii. a Projecting Sign may be used to identify businesses that are located entirely at or above the second Storey level; and
iv. the top of a Projecting Sign on a building two Storeys or higher shall not extend more than 75 cm above the floor of the second or third storey, nor higher than the windowsill level of the second or third Storey.