Bylaw 14888
Amendment No. 940
WHEREAS Lots 24 to 26 and Lots 28 to 31, Block 1, Plan D and Lot 27A, Block 1, Plan 9022334; located south of Jasper Avenue NW and west of 95A Street NW, Boyle Street, Edmonton, Alberta, are specified on the Zoning Map as (DC1) Direct Development Control Provision; 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 24 to 26 and Lots 28 to 31, Block 1, Plan D and Lot 27A, Block 1, Plan 9022334; located south of Jasper Avenue NW and west of 95A Street NW, Boyle Street, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule ”A”, from (DC1) Direct Development Control Provision 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 ”r;B”
(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION
1. General Purpose
The purpose of this Site Specific Development Control Provision is to accommodate the development of a 16 storey high quality, sustainable, mixed use building consisting of a 14 storey residential tower above a 2 storey office/ commercial podium with underground parking that corresponds with the scale of development as envisioned in The Quarters Downtown as approved by Council on September 26, 2006, and provides on-site amenities and off-site improvements that recognize the unique locational characteristics of the site.
2. Area of Application
This DC2 Provision shall apply to Lots 24 to 26 and Lots 28 to 31, Block 1, Plan D and Lot 27A, Block 1, Plan 9022334, located on the southeast corner of Jasper Avenue and 96 Street, Boyle Street.
3. Uses
a. Apartment Housing
b. Bars and Neighbourhood Pubs, limited to 232m² of public space
c. Business Support Services
d. General Retail Store
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, limited to 232m² of public space
k. Specialty Food Services
l. Fascia On-premises Signs
4. Development Regulations
a. Development shall be in accordance with Appendix I, Site Plan; Appendix II, East Elevation; Appendix III, North Elevation; Appendix IV, West Elevation; Appendix V, South Elevation; Appendix XI, Floor Plan – Parkade Level 1; Appendix XII, Floor Plan – Parkade Level 2; and Appendix XIII – Parkade Level 3; and in general accordance with Appendix VI Landscape Concept; Appendix VII, Roof Deck Landscape Plan, Floor 2; Appendix VIII, Roof Deck Landscape Plan Floors 3 to 8; Appendix IX, Roof Deck Landscape Plan, Floors 9 to 14; and Appendix X, Roof Deck Landscape Plan, Floor 15.
c. The maximum number of Dwelling units shall be 62.
d. The maximum Floor Area Ratio shall be 6.2.
e. The maximum building Height shall not exceed 59m, nor sixteen storeys.
f. The maximum building Height of the podium, including cornice, shall not exceed 12 m, nor two storeys.
g. The development shall be built to property lines, except in the locations shown on Appendix I, the Site Plan. The Development Officer may allow building Setbacks up to 2.5m to accommodate street related activities, such as sidewalk cafes, architectural features, artwork and landscaping that contribute to the pedestrian-oriented character of the area.
h. A Phase III Environmental Site Assessment shall be submitted subsequent to an approved development permit, to the satisfaction of the Development Officer in consultation with the Environmental Planning Unit of the Planning and Policy Services Branch, and prior to the issuance of any Building Permit, excepting the parkade excavation Building Permit. The Development Officer shall not physically release the Development Permit for the purposes of a Building Permit until this condition has been adequately satisfied. As part of the Phase III ESA:
i. Ground water samples must be collected and submitted for petroleum hydrocarbon and dry cleaner solution analysis from any groundwater inflow into the excavation. This is in addition to the requested side wall and base soil sample analyses;
ii. Verification of the proper installation of liners to prevent off-site contamination from re-entering the subject site shall be provided.
i. A minimum Private Outdoor Amenity Area of 7.5m² per Dwelling shall be provided for 57 dwellings, and a minimum Private Outdoor Amenity Area of 5.5m² per Dwelling shall be provided for 5 Dwellings.
j. A minimum Public Amenity Space of 482 m² shall be provided. Amenity Space shall be permitted on floors one through sixteen of the building and shall include, but not be limited to a foyer, change room facilities, fitness room, residential meeting room with kitchenette and roof deck landscape.
k. Apartment Housing shall only be permitted above the second storey of the building.
l. Residential Uses and Commercial Uses shall have separate at grade access into the Development.
m. Commercial Uses shall be limited to the first and second storey of the development. A minimum of 127m² at grade frontage shall be used for a foyer for the Residential Use.
n. A maximum of 149 parking spaces, of which 100 stalls shall be provided for residential use and 49 stalls shall be provided for office/ commercial uses, to the satisfaction of the Development Officer and Transportation Department; shall be in accordance with Appendices XI – XIII and shall include the following:
i. All vehicular parking shall be located in the underground parkade.
ii. The entrance to the underground parkade shall be from the alley located immediately south of the development.
iii. The driveway ramp must be at grade at the property line and must not exceed a slope of 6% for a distance of 4.5m inside the property line, or to the satisfaction of the Transportation Department.
o. Garbage enclosures must be located off the alley, entirely within private property and inside the first storey of the building, as illustrated in Appendix I. The gates and/or doors of the garbage enclosure must not open or encroach into road right-of-way.
p. A minimum of 27 bicycle parking spaces and one (1) loading space shall be provided in accordance with Section 54 of the Zoning Bylaw to the satisfaction of the Development Officer and Transportation Department and in accordance with Appendix I and VI.
q. Awnings/overhangs shall be provided in general accordance with Appendix VI. The Owner shall enter into an Encroachment Agreement with the City of Edmonton for the proposed awnings/overhangs that encroach on or over the 95A Street, 96 Street and Jasper Avenue road rights-of-way.
r. 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. Improvements to be addressed in the Agreement include, but are not limited to, the following:
i. Removal of all existing curb crossings to Jasper Avenue and 96 Street, removal of the curb ramp on 96 Street, construction of the curb & gutter and restoration of the boulevard to the satisfaction of the Transportation Department and Asset Management & Public Works;
ii. Construction of the lane south of the proposed development, to a commercial standard, to the satisfaction of the Transportation Department and Asset Management & Public Works;
iii. Design and reconstruction of the southeast corner of 96 Street and Jasper Avenue to remove angle parking stalls north of the lane to accommodate turning maneuvers of vehicles entering and exiting the lane;
iv. 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;
v. Upgrade the existing eastbound bus stop and shelter pad on Jasper Avenue, west of 95A Street;
vi. The Owner/Applicant is responsible for the location of all underground and above ground utilities and maintaining required clearances as specified by the utility companies. Any costs associated with relocations and/or removals shall be at the expense of the Owner/Applicant; and
vii. All roadway modifications required to facilitate access.
s. A Crime Prevention Through Environmental Design Assessment shall be provided to the Development Officer to ensure that development provides a safe urban environment in accordance with the guidelines and principles established in the Design Guide for a Safer City.
5. Urban Design Regulations
5.1 Architecture and site planning:
a. Canopies, consisting of glass with a metal frame and steel structure shall be designed, installed and finished in a manner consistent with the design and finishing of the building, in accordance with the Appendices II – VI, along the 96 Street, Jasper Avenue and 95A Street façade. Canopies shall be developed to a minimum depth of 1.2m to provide weather protection.
b. All exposed building faces shall have consistent and harmonious exterior finishing materials, which shall include: argon filled double glazing and aluminum frame, brick veneer stacked bond, double glazed storefront system, exposed architectural concrete, metal panel siding, metal railing with safety glass panels, metal roof, painted steel, painted stucco, single glazing and aluminum frame, and spandrel glazing, in accordance with Appendices II – V.
c. Prior to the issuance of a Development Permit, the Owner shall enter into an agreement with the City whereby the Owner will contribute $100,000 to the City for the commission of public art to be incorporated within the spaces as identified on Appendix I and VI. The public art will be:
i. Acquired through a juried art procurement process administered by the Edmonton Arts Council; and
ii. Owned and maintained by the Condominium Association.
d. Decorative and security lighting shall be designed and finished in a manner consistent with the design and finishing of the development and will be provided to ensure a well-lit environment for pedestrians and to accentuate artwork.
e. All mechanical equipment on the roof of the development will be incorporated within the roof structure.
5.2 Street presence:
a. The façade treatment shall generally wrap around the development, as shown on the Appendices II – V to provide a consistent profile facing public roadways.
b. The north façade of the development shall provide a pedestrian-oriented commercial streetscape along Jasper Avenue in accordance with Appendix III and the following provisions:
i. The development shall provide at grade entrances to each Commercial Use to promote a pedestrian oriented nature of development;
ii. The frontage for each commercial retail unit shall be a minimum of 4.8m, which is generally consistent with the appearance of commercial frontage of adjacent sites. Where the frontage for each commercial retail units exceeds 4.8m the development shall provide vertical separation in the building wall at regular intervals. Such vertical separation may be in the form of change in materials, colours, recessions or projections in the building mass; and
iii. The development shall provide off-site right-of-way improvements, in accordance with The Quarters Downtown and to the satisfaction of the Development Officer.
c. The south façade of the development, located adjacent to the alley, shall provide a porte-cochere, lighting, enclosed loading and waste facilities and landscaping to lend visual interest to the development, in accordance with Appendix V; and provide off-site right-of-way improvements, in accordance with The Quarters Downtown and to the satisfaction of the Development Officer.
d. The east façade of the development shall create a pedestrian-friendly environment by including entrance features, canopies, lighting, and landscaping to lend a human scale to the development, in accordance with Appendix II, and provide off-site landscaping and right-of-way improvements, in accordance with The Quarters Downtown and to the satisfaction of the Development Officer.
e. The west façade of the development shall create a strong pedestrian linkage between the Armature, St. Barbara’s Church and the river valley by recessing the development from the west property line, providing an outdoor seating area, artwork and landscaping, in accordance with Appendix IV, and provide off-site landscaping improvements, in accordance with The Quarters Downtown and to the satisfaction of the Development Officer.
f. The development must provide floor to ceiling double glazed store front window systems on the first storey to allow viewing into the development and to promote a positive pedestrian-oriented shopping street at grade along Jasper Avenue, 95 Street and 96 Street as shown in Appendices II – V.
5.3 Landscaping:
a. A detailed Landscape Plan for the Site, including all existing and proposed utilities within the road right-of-way must be submitted by a registered landscape architect for review and approval by the Planning Department, Asset Management & Public Works and the Transportation Department, in general accordance with Appendix VI, prior to the approval of any Development Permit. The plans shall include pavement materials, exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new tree plantings and other landscaping elements as applicable. Landscaping on the Site shall consider the use of plant materials that provide colour throughout the year to enhance the appearance of the development during cold weather months.
b. Detailed Landscape Plans for the roof decks of floors 2 to 15 must be submitted by a registered landscape architect for review by Parks Design and Construction, in general accordance with the plans illustrated in Appendices VII – X, prior to the approval of any Development Permit, to the satisfaction of the Development Officer.
c. The Landscape Plan submitted with the Development Permit application must show the off-site landscaping for the north (Jasper Avenue), east (95A Street) and west (96 Street) facades of the development coordinated with the Landscape Plans for the adjacent Armature portion of The Quarters Downtown and subsequent urban design documents which result from the implementation of The Quarters Downtown, to the satisfaction of the Planning and Development Department, Asset Management & Public Works and the Transportation Department. The streetscape improvements include, but are not limited to, new sidewalks, streetlights, boulevard landscaping, boulevard trees, street furniture, and/or the relocation of utilities underground.
d. The Owner shall be responsible for the costs of the required streetscape improvements to the portion(s) of road right(s)–of–way abutting this site (from private property line to the new curb) that are identified in The Quarters Downtown 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 the Development Permit.
5.4 Signage:
a. Signs shall be integrated into the general architectural design of the building, to the satisfaction of the Development Officer. A Comprehensive Sign Design Plan shall be prepared in accordance with Section 59.3 of the Edmonton Zoning Bylaw, including:
i. Signs shall be limited to the first and second storey of the development;
ii. Signs on the first storey shall be mounted in front of the spandrel glass panels and located between the painted steel columns. The sign area shall not exceed 4.45m² and shall be developed to a maximum height of 1.2m. A maximum of one sign per painted steel column bay shall be permitted;
iii. Signs on the second storey shall be mounted on the brick veneer and located between the exposed architectural concrete columns. The sign area shall not exceed 10.8m² and shall be developed to a maximum height of 1.7m. A maximum of one sign per concrete bay shall be permitted;
iv. Signs shall not extend beyond the face of the concrete columns and shall not cover any part of the painted steel columns.
6. Sustainability Targets
a. The design and construction of the building shall ensure that:
i. Lighting in all residential common areas and commercial and office areas shall exceed the efficiency specified in the Model National Energy Code for Buildings by 10%;
ii. The building envelope must exceed the requirements in the Model National Energy Code for Buildings by reducing thermal transmittance values by 25%;
iii. As defined by LEED Canada –NC, Version 1.0, Sustainable Sites (Credit 7.2: Heat Island Effect – Roof) a minimum of 50% of the building roof area shall be vegetated (intensive or extensive green roof and plantings) or equivalent high emissive roofing;
iv. As defined by LEED Canada –NC, Version 1.0, Materials and Resources (Credit 5.1: Regional Materials) 80% of all brick used in the development must be extracted, processed and manufactured within 800km of the development; and
b. The design and construction of the building shall be encouraged to include:
i. All windows and doors must be ENERGY STAR qualified (Zone C);
ii. All residential appliances shall be ENERGY STAR qualified; and
iii. As defined by LEED Canada –NC, Version 1.0, Materials and Resources (Credit 4.1: Recycled Content) 7.5% of the total value of the materials used in the development must include recycled content, including metal studs, metal frames, fly-ash in concrete, acoustic ceiling tile, carpeting, gypsum wall-board, and millwork cabinets.
