September 21, 2015
To establish a Direct Development Control Provision to accommodate a high density, mixed-use development with street-level commercial uses and to incorporate the existing Massey-Harris-Ferguson building into the development in a manner that reflects the architectural characteristics of the Urban Warehouse District.
This Provision shall apply to the 0.70 hectare site on the west side of 106 Street NW between 103 and 104 Avenues NW legally described as Lots 163-172, Block 6, Plan B2, adopting this DC1 Provision, Downtown.
Bars and Neighbourhood Pubs
Business Support Services
Child Care Services
Convenience Retail Stores
Creation and Production Establishments
General Retail Stores
Indoor Participant Recreation Services
Live Work Units
Minor Home Based Business
Major Alcohol Sales
Minor Alcohol Sales
Personal Service Shops, excluding Body Rub Centres
Professional, Financial and Office Support Services
Private Education Services
Public Education Services
Public Libraries and Cultural Exhibits
Residential Sales Centre
Specialty Food Services
bb. Veterinary Services
cc. Minor Digital On-premises Signs
dd. Fascia On-premises Signs
ee. Projecting On-premises Signs
ff. Temporary Signs
The development shall be in general accordance with the attached Appendices.
The maximum Floor Area Ratio (FAR) shall not exceed 16.0.
The maximum number of Dwellings shall not exceed 1300.
The maximum Height shall be as follows:
Tower 1 (T1) shall not exceed 140.0 m.
Tower 2 (T2) shall not exceed 135.0 m.
Tower 3 (T3) shall not exceed 150.0 m.
Notwithstanding the Appendices, in the event that the owner/developer does not obtain a Building Permit and commence construction under a valid Development Permit, for a development with a minimum 300 Dwelling Units within 7 years and complete the parkade within 9 years of the passage of this Bylaw, the Height of all Towers shall be limited to 60 metres each.
Building Setbacks shall be in general accordance with Appendix 1 - Site Plan, and shall be:
0 m to 1.5 m along 106 Street and 104 Avenue;
0 m to 1.5 m along the Lane; and
There shall be no Setbacks along 103 Avenue.
Minimum Tower Stepbacks shall be in general accordance with Appendix 2 – Tower Setbacks and shall be:
A minimum 4.0 m Stepback from the north Façade of the podium;
A minimum 2.5 m Stepback from the east Façade of the podium;
A minimum 4.0 m Stepback from the Massey-Harris Ferguson building; and
A minimum 2.0 m Stepback from the west Façade of the podium.
The development shall provide a minimum Amenity Area of 3% of Gross Floor Area of Residential Uses, to a maximum total area of 6% to the satisfaction of the Development Officer, but in no case shall be less than 6 m2 per unit. Amenity Areas may include, but are not limited to guest suites, meeting rooms, fitness facilities, balconies and outdoor spaces.
A maximum of one establishment of a Bar and Neighbourhood Pub Use shall be limited to 500 seats for occupants and 750m2 of Public Space. Additional Bars and Neighbourhood Pub Uses shall be limited to 100 seats for occupants and 120 m2 of Public Space.
A maximum of one establishment of a Restaurant Use shall be limited to 500 seats for occupants and 750m2 of Public Space. Additional Restaurant Uses shall be limited to 100 seats for occupants and 120m2 of Public Space.
Residential Sales Centre(s) shall be limited to the sale of on-Site condominium or rental units.
Separation Space shall be provided in accordance with Section 48 of the Zoning Bylaw. The Development Officer may exercise variance power to reduce Separation Space where other design solutions offer quiet, visual privacy, and views.
The development shall create a pedestrian-friendly environment on 103 and 104 Avenues and 106 Street, which shall include items such as individual entrances to the commercial units, Landscaping and other features that lend visual interest and a human scale to the development along the street, to the satisfaction of the Development Officer.
A Site Plan for each stage of the development along with building plans, shall be submitted with each Development Permit application, to the satisfaction of the Development Officer.
The geodetic elevation of the top of the floor on the level that is directly above Grade shall not exceed the geodetic elevation of the abutting sidewalk by more than 0.3 m.
A Crime Prevention Through Environmental Design Assessment shall be provided to the satisfaction of the Development Officer to ensure that the development provides a safe urban environment in accordance with the guidelines and principles established in the Design Guide for a Safer City (City of Edmonton, 1995) in accordance with Section 58 of the Zoning Bylaw.
Vehicular access and egress shall be from the abutting Lane and in accordance with Appendix 1 - Site Plan, to the satisfaction of the Development Officer, in consultation with Transportation Services, as follows:
The proposed retaining walls bordering the underground driveway/parkade ramp, shall 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 owners/applicant wish to increase this height, adequate sight line data shall be provided to ensure vehicles can exit safely.
The underground driveway ramp shall not exceed a slope of 6% for a distance of 4.5 m inside the property line and the ramp shall be at Grade at the property line, or to the satisfaction of the Development Officer, in consultation with Transportation Services.
Notwithstanding Section 54.2 of the Zoning Bylaw, the maximum number of off-street vehicular parking spaces shall be 725.
Vehicular parking shall be provided underground, in general accordance with Appendix 1 - Site Plan.
Commercial parking shall share on-Site resident visitor parking spaces through an owner-operated parking management program.
Bicycle Parking shall be developed in accordance with Section 54.3 of the Zoning Bylaw.
Notwithstanding Section 54.3 of the Zoning Bylaw, a minimum of 400 bicycle parking spaces shall be developed in a safe secure location within the building.
Storage, waste collection and loading areas shall be concealed from view from adjacent Sites and located within the building. Waste collection areas shall be designed to the satisfaction of the Development Officer, in consultation with Waste Management and Transportation Services.
Waste enclosures shall be located entirely within private property and gates and/or doors of the garbage enclosure must not open or encroach onto road right-of-way.
To ensure that a high standard of appearance and a sensitive transition to the surrounding land uses are achieved, a Landscape Plan for the portion of the Site being developed shall be submitted by a registered Landscape Architect for review and approval by the Development Officer prior to approval of any development permit.
A detailed Landscape Plan for the Site, including front entry, roof top and courtyard outdoor Amenity Areas, and all existing and proposed utilities within the road right-of-way shall be submitted for review and approval prior to the issuance of any Development Permit.
The Landscape Plan shall include pavement materials, exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new tree plantings, and other detailed Landscaping elements.
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.
A minimum area of 1850m2 shall be provided as outdoor Amenity Area in the form of exterior courtyards and rooftop Amenity Areas in accordance with Appendix 2 – Tower Setbacks and Appendix 8 – Landscape Plan.
In the event that the development is phased, there shall be a minimum of 400 m2 of Outdoor Amenity Space, provided for 300 Dwelling Units.
Hardsurfacing shall be provided within the building Setback from 106 Street NW, 103 Avenue NW, 104 Avenue NW and the Lane to the satisfaction of the Development Officer, in general accordance with Appendix 8 – Landscape Plan.
Signs shall conform to Schedule 59H and be in accordance with the General Provisions of Section 59 of the Zoning Bylaw.
A Comprehensive Sign Design Plan in accordance with Section 59.3 of the Zoning Bylaw shall be submitted to the satisfaction of the Development Officer.
Temporary Signs shall exclude trailer mounted Signs and/or Signs with Changeable Copy.
Notwithstanding subsection 4.4 of this Direct Control Provision, signage on the Massey-Harris-Ferguson building shall be developed in accordance with the provisions of 4.8(b) of this Direct Control Provision.
A Sun Shadow Impact Study shall be prepared by a qualified, registered Professional Engineer or Architect, to professional standards. The Sun Shadow Impact Study shall be submitted with the development permit application to the satisfaction of the Development Officer.
A detailed Wind Impact Study shall be prepared by a qualified, registered Professional Engineer, and shall be based on a computer model simulation analysis, prepared to professional standards. The wind impact study shall be submitted with the development permit application to the satisfaction of the Development Officer.
The Development shall incorporate design features to minimize adverse microclimatic effects such as wind tunnelling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-Site, consistent with recommendations of the Sun Shadow and Wind Impact Study, to the satisfaction of the Development Officer.
Prior to the issuance of a Development Permit, a geotechnical report prepared by a Qualified Professional Engineer shall be submitted and approved to the satisfaction of the Development Officer, in consultation with the City's Geotechnical Engineer, Transportation Department. In addition to the provision of Site and development-specific geotechnical recommendations for design and construction, such report shall also provide recommendations to minimize and mitigate geotechnical risks to the development and surrounding properties and infrastructure.
Prior to the issuance of a Development Permit, the Owner shall enter into an Encroachment Agreement for any portion of the development that is to be located on public land to the satisfaction of the Development Officer, in consultation with Transportation Services.
With the exception of excavation or Sign 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. The Development Officer may require further information necessary to ensure the area that is subject to the Development Permit application is suitable for the full range of Uses contemplated in the Development Permit application.
Street Wall (not including the Massey Harris Ferguson building):
Notwithstanding the linear building Frontage containing ground-oriented residential Dwellings and screening area of loading, parking, and waste enclosure, a minimum of 90% of the linear building Frontage of the ground floor Facades shall have transparent glazing, where fronting onto a public roadway and Lane.
The Street Wall shall be developed to a maximum Height of 20.0 m.
The Street Wall exterior shall be finished with clear glazing and red brick as the predominant exterior cladding material (more than 50% of the exterior cladding excluding windows and entrances).
The scale, form, and materiality of the Street Wall shall incorporate architectural design details or features that reflect the predominant character of the urban warehouse area, to the satisfaction of the Development Officer.
The Street Wall shall be comprised of distinct vertical and horizontal zones in accordance with the measurements shown on Appendix 11 – East Elevation Podium.
The Street Wall shall be designed to include the use of different architectural elements and treatments, materials, and colours to add variety, rhythm, and break up the massing to provide a sense of human scale.
Window placement shall allow viewing into the building to promote a positive pedestrian-oriented shopping street.
The Street Wall shall incorporate weather protection in the form of canopies or any other architectural elements, wherever active commercial and/or residential Frontages exist to create a comfortable environment for pedestrians. These may project a maximum of 1.5 m from the building Facade.
A maximum of five ground-oriented residential Dwellings shall be located adjacent to a portion of the Lane in accordance with the Site Plan. These Dwellings shall provide separate, individual access at Grade and feature identifiable doorways, pedestrian lighting, and patios and shall provide a second access through the principal building to 106 Street. They shall ensure adequate privacy through the provision of screening and a Grade separation of up to 0.75 m above the adjacent Lane, to the satisfaction of the Development Officer.
The Street Wall shall provide a Stepback of a minimum of 1.5 m above the fifth floor along the southern portion of the east elevation fronting 106 Street and along the entire west elevation fronting the Lane.
A metal trellis projecting a maximum of 1.5 m from the Façade shall be installed along the top of the sixth floor along the entire west elevation in general accordance with Appendix 6 – Alley Perspective Looking Northeast.
Decorative pedestrian-scale lighting shall be provided along the Lane and be designed and finished in a manner consistent with the architectural theme of the development to ensure a well-lit and safe environment for pedestrians. The lighting shall be located on private property and designed such that it has no negative impact on 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, in consultation with Transportation Services.
Entrances shall be at Grade and designed to be clearly visible, separate, distinct and oriented to 106 Street, 104 Avenue and the Lane, in general accordance with Appendix 1 – Site Plan.
The ground Storey for Commercial Uses shall be a minimum Height of 4.0 metres.
The design of the Towers shall be differentiated from the Street Wall by distinct architectural treatments in general conformance with Appendices 3 through 5.
The exterior of the Towers shall be finished with high quality, sustainable, and durable materials, such as masonry, architectural panels, and glazing.
The exterior of Tower 3 (T3) shall be finished using a combination of vision glass, precast concrete, spandrel glass, and metal accent panels arranged in a manner that enhance the horizontal and vertical elements of the Façade to create visual interest, articulation and reduced massing in general conformance with Appendices 3 through 6.
The lower floors on the east, south and west Façades of Tower 1 (T1) adjacent to the Massey-Harris-Ferguson building shall be designed with clear glazing and high quality durable materials such as architectural panels. The general appearance will be highly transparent and of lighter materiality, juxtaposed against the heavier historic brick Facades giving them a higher degree of edge articulation and presence in general conformance with Appendices 3 through 6.
The Towers shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling and rain sheeting.
The Towers shall be oriented as shown on Appendix 1 – Site Plan.
The shape of the Towers will ensure minimum variation in the Tower Stepbacks from each Street Wall in accordance with Appendix 2 – Tower Setbacks.
Notwithstanding Section 4.1(f),
Tower 3 (T3) as illustrated in Appendix 3 shall provide a minimum 6.3m Stepback from the North façade of the podium in the form of a building indentation. The height of the building indentation shall be a minimum 3.0m above the podium
Tower 1(T1) as illustrated in Appendix 3 shall provide a minimum 6.0m Stepback from the Massey Harris Ferguson building in the form of a building indentation. The height of the building indentation shall be a minimum 3.0m above the podium and a minumum 15.0 m above the top of the entrance to the Tower.
Tower 2 (T2) as illustrated in Appendix 3 shall provide a minimum 2.6m horizontal Stepback from the East façade of the podium in the form of a building indentation above the podium. The height of the building indentation shall be a minimum 3.0m above the podium.
The maximum Tower Floor Plates shall be as follows:
Tower 1 (T1) shall not exceed 700 m2.
Tower 2 (T2) shall not exceed 785 m2.
Tower 3 (T3) shall not exceed 850 m2.
The maximum Tower dimensions shall be as follows:
Tower 1 (T1) shall not exceed 38 m in length and 20 m in width.
Tower 2 (T2) shall not exceed 37 m in length and 25 m in width.
Tower 3 (T3) shall not exceed 38 m in length and 26 m in width.
The Tower Top portion of any tower shall consist of the upper 13.0 m of the Tower, and shall be Stepbacked as follows:
Tower 1 (T1) 2.0 m from the Mid Tower portion on at least two sides of the Tower.
Tower 2 (T2) 2.5 m from the Mid Tower portion on at least two sides of the Tower.
Tower 3 (T3) 4.0 m on at least two sides of the Tower.
The Tower Tops shall contribute to the uniqueness of the buildings and the City’s skyline through architectural treatment of the upper floors. The Towers shall provide articulation, visual interest and reduced massing effects by the combination of stepbacks, variation of materials / colour, architectural features, or other means.
Towers and Tower Tops shall be clearly differentiated in terms of architectural forms, but also related through use of material and sensitive attention to effective and consistent detailing.
Architectural lighting shall be used to highlight or accentuate the Top portions of the Towers.
Decorative and security lighting shall be designed and finished in a manner consistent with the design and finishing of the development and shall be provided to ensure a safe well-lit environment for pedestrians, to accentuate heritage Facades, and to highlight portions of the development at night time, to the satisfaction of the Development Officer and Heritage Officer.
The minimum space between Towers shall be 24m. The Development Officer may reduce the Tower spacing in consideration of the following:
The visual, sun/shadowing, and other microclimatic impacts on adjacent residential development; and
The recommendations, and mitigative measures specified in any required technical studies.
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.
Entrances and Corners:
Non-residential Uses at Grade shall open facing to a public roadway rather than an internal atrium.
Residential Uses shall have access at grade that is separate from the Commercial Uses and differentiated through distinct architectural treatments in general conformance with Appendices 3 through 5.
The entrance to Tower 1 along 106 Street shall be designed as follows, in accordance with Appendices 1 and 3:
The east Street Wall Façade treatment shall wrap around the entrance of Tower 1 to provide a consistent profile.
The Height of the entrance shall remain lower than that of the Massey Harris Ferguson Building to the south, to provide visual relief and transition, to the satisfaction of the Development Officer.
The entrance shall be Setback a minimum of 5.0 m from the east property line.
The entrance to Tower 2 along 106 Street shall be designed as follows, in accordance with Appendices 1 and 3:
Using clear glazing, durable materials such as architectural panels and pre-finished metal extending a minimum of five (5) Storeys.
The north and south Facades of the Street Wall Façade treatment shall wrap around the side of the building to frame and define the entrance.
The entrance shall be Setback a minimum of 4.0 m from the east property line.
The entrance to Tower 3 at 106 Street and 104 Avenue shall be designed as follows, in accordance with Appendices 1,3,5 and 12:
Using clear glazing and quality, durable materials such as architectural panels and pre-finished metal extending a minimum of five (5) Storeys.
The north and east Facades of the Street Wall Façade treatment shall wrap around the side of the building at the northeast corner to provide a consistent profile to the Tower entrance.
The entrance shall be Setback a minimum of 4.0 m from the north and east property lines.
Buildings shall provide courtyards, major entryways or distinctive architecture features consistent with the historic theme of the building.
Buildings shall be designed and oriented to face all public roadways, other than a Lane.
The building shall be designed to meet the requirements of the Green Building Rating System LEED Canada NC 1.0, 2009, as amended, to achieve a minimum LEED Silver standards, although the developer is not required to seek LEED certification. The Owner may choose which supplementary green sustainable targets will be implemented, and, at his/her discretion, may indicate additional targets in excess of the standard score to provide for flexibility at the implementation stage.
Upon completion of the building, the Owner shall provide a report by a professional Architect or Engineer that demonstrates, to the satisfaction of the Development Officer, that the design and construction of the building meets the target described in 4.7(a).
Exterior alterations, restoration and additions shall be sympathetic to and compatible with the historic Massey-Harris-Ferguson Building to the satisfaction of the Development Officer in consultation with the Heritage Officer.
The retention of the 1947 architectural elements of the historic south, east and west Façades shall maintain the key character-defining elements of the Massey-Harris-Ferguson building. The garage portion north of the showroom and office shall be demolished. Detailed drawings shall be provided to the satisfaction of the Development Officer, in consultation with the Heritage Officer and shall include the following:
Pressed red brick;
Second floor window details appropriate to the 1947 historic period of the building. The window framing shall have exterior pressure caps approximately 65mm deep in the horizontal direction, and approximately 35mm deep vertically while retaining the stone surrounds. PVC shall not be allowed;
Flagpole on south Façade;
Canopy along the west, south and east Facades;
Storefront glazing. The jams, sills and heads shall use stainless steel pressure plates in a similar elliptical profile;
Retention of the south facing doors;
Retention and restoration of the concrete base;
Reinstatement of the Massey-Harris-Ferguson Sign in its original position and style along the south and east Facades. The Sign shall be illuminated.
Retention of the terrazzo flooring;
Exposed interior columns.
Up lighting shall be used to highlight the interior columns and other interior design features.
Additional entrances may be added and shall be designed to resemble the 1947 historic character of the building to the satisfaction of the Development Officer, in consultation with the Heritage Officer.
Roof top amenities including roof top patios shall be designed in a manner not to distract from the historic character of the Massey-Harris-Ferguson building and shall be setback a minimum of 2.0 m from the edge of the roof along the east, south and west Facades.
A Comprehensive Sign Design Plan shall be developed to the satisfaction of the Development Officer in consultation with the Heritage Officer, in accordance with the following:
Signs shall be located below the canopy on the west, south and east Facades, in general accordance with Appendix 13.
Signs may be backlit provided the lettering is translucent, so that only the lettering is backlit with the remainder of the Sign being opaque; and
Signs shall not extend more than 14.5 cm beyond the building wall.
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.
In addition to those items listed in Section 4.9(a) of this Provision, there shall also be provision, at the Owner's expense of a minimum of $400,000, of upgraded paving and landscaping of the pedestrian realm along 106 Street NW, 103 Avenue NW and 104 Avenue NW, directly abutting 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, the City's Urban Renewal planners, and Transportation Services. Upgrades to the public realm shall include the following, but are not limited to:
Replacement of sidewalks;
Decorative paving treatments;
Decorative street furniture such as benches, waste receptacles, bicycle racks.
The Owner shall, at their expense, relocate the overhead power lines located along the Lane between 103 Avenue NW and 104 Avenue NW underground.
The Owner shall, at their expense, resurface the rear Lane between 103 Avenue NW and 104 Avenue NW to the satisfaction of Transportation Services.
Prior to 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 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, or as prescribed in any future City of Edmonton’s affordable housing policy initiatives.
Prior to the issuance of any development permit, the Owner shall provide public art, at a minimum contribution of $50,000, through two opportunities:
Purchase art: Includes artwork acquired through a juried art procurement process.
Structural art: Includes application of hard and soft landscaping in the Outdoor Amenity Areas, or integrated as part of the building design.
If a development application has not been made within five (5) years of the date of this Bylaw approval, the public realm and public art contribution values shall be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.