Edmonton Zoning Bylaw 12800

860  The Quarters Overlay

Bylaw 15038

April 15, 2009

Charter Bylaw 19549

February 23, 2021

860.1       General Purpose

The purpose of this Overlay is to apply common regulations to a number of underlying Direct Control Provisions in order to achieve the objectives of The Quarters Area Redevelopment Plan and The Quarters Urban Design Plan.

860.2      Area of Application

Notwithstanding Section 800 of the Zoning Bylaw respecting the area of application of Overlays, this Overlay applies to the lands shown in Appendix I to this Overlay, except for those sites as noted.

860.3       Variance and Interpretation

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

1. The Development Officer may vary requirements such as building Setbacks and building Stepbacks, Tower separation, built form and podium design, Vehicle Parking, glazing, and application of The Quarters Downtown Sustainable Development Standard Checklist as contained in Appendix III provided consideration is given to the character of the built form, and its visual, shadow and other microclimatic impacts on adjacent development, and to the objectives of The Quarters Downtown Urban Design Plan and principles of Crime Prevention Through Environmental Design (CPTED).

2. The Development Officer may vary the minimum distance between individual high-rise developments in consideration of the following:

1. The visual, sun/shadowing, and other microclimatic impacts on adjacent residential development; and

2. The recommendations and mitigative measures specified in any required technical studies.

3. The Development Officer may approve a residential or any non-Commercial Use for a maximum period of five years for any active commercial Frontage as specified in Appendix II.

Bylaw 16032

March 12, 2012

Bylaw 17828

January 23, 2017

4. The Development Officer, in consultation with Subdivision and Development Coordination (Transportation), may relax:

1. parking requirements in response to initiatives which reduce parking demand, including, but are not limited to, dedicated car share/car pool program stalls, universal bus pass programmes, or shared parking between Commercial, Commercial Related, Residential, and Residential Related Uses;

Bylaw 16733

July 6, 2015

2. parking and loading requirements in the case of restoration or rehabilitation of existing buildings on the Register of Heritage buildings of Edmonton;

Bylaw 16733

July 6, 2015

5. Development exceeding 23.0 m in Height, in accordance with Section 52, is considered a Tower to which the Urban Design Regulations for Towers shall apply.

Bylaw 16733

July 6, 2015

6. The Development Officer shall not vary maximum Floor Area Ratios, nor maximum building Heights specified in the underlying Direct Development Control Provisions or this Overlay.

Bylaw 17828

January 23, 2017

Bylaw 18305

February 26, 2018

Effective Date: May 1, 2018

7. Notwithstanding Section 11.4 limitation of Variance, the Development Officer may consider reducing the minimum Floor Area Ratios or minimum building Heights provided consideration is given to the character of the surrounding built form and the objectives of The Quarters Downtown Urban Design Plan

8. Bicycle storage areas shall be exempted from Floor Area calculations.

Bylaw 16733

July 6, 2015

9. The number of Storeys noted in association with minimum and maximum building Heights in this Overlay and the underlying Direct Control Provisions are provided for descriptive purposes only.

860.4        Development Regulations

1. General Provisions

1. The Development Officer shall have regard for The Quarters Downtown Urban Design Plan in applying the regulations of this Overlay.

Bylaw 16032

March 12, 2012

2. Prior to the submission of a Development Permit application the owner shall provide proof the affected lands have been remediated such that they are suited to their intended Use to the satisfaction of the Development Officer in consultation with Alberta Environment, the Capital Health Authority, and Subdivision and Development Coordination (Transportation).

Bylaw 16032

March 12, 2012

Bylaw 17828

January 23, 2017

3. Documentation showing proof of consultation with Sustainable Development regarding City acquisition of the mid-block, north-south pedestrian street shall be submitted concurrent with a Development Permit Application for sites mid-block between 96 and 97 Streets in accordance with The Quarters Downtown Area Redevelopment Plan and the Quarters Downtown Urban Design Plan. 

4. Ground Floor uses shall be developed in accordance with Appendix II to this Overlay.

5. The maximum ground Floor Area of any individual business premise for a retail Use shall not exceed 1,850 m².

6. The maximum number of individual business premises for retail Use with a Floor Area between 1,200 m² and 1,850 m² shall not exceed one per block face.

7. Building Façades shall incorporate architectural designs or features that characterize the particular precinct theme envisioned in The Quarters Downtown Urban Design Plan.

Bylaw 16032

March 12, 2012

Bylaw 17422

November 16, 2015

Effective Date:  December 1, 2015

8. Vehicular access and egress to Sites shall be provided from a Lane. Where no Abutting Lane exists access may be taken from an Abutting public roadway, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).

9. Driveway ramps for underground parkades must be at Grade at the property line and must not exceed a slope of 6% for a distance of 4.5 m inside the property line, or to the satisfaction of Subdivision and Development Coordination (Transportation).

Bylaw 17422

November 16, 2015

Effective Date:  December 1, 2015

10. Lane infrastructure shall be improved to provide access to on-Site parking facilities to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). 

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

2. Parking, Loading and Bicycle Storage shall be provided as specified in Section 54.

Bylaw 17828

January 23, 2017

3. Signs shall comply with Section 59 and Schedule 59B.

4. A minimum of 5 m2 shall be required for each residential unit as Amenity Area.  This space may be provided for each dwelling, or aggregated to a common area in a development, and may be located interior or exterior to the development.

5. Historic Resources

1. Municipally, provincially or federally designated historic resources on the Register of Historic Resources in Edmonton shall be retained and incorporated into any redevelopment, so that their heritage values and those character defining elements of merit become an integral part of the development, to the satisfaction of the Development Officer in consultation with the Heritage Officer.

2. The preservation of designated historic resources and buildings on the Register of Historic Resources in Edmonton and the design of new development on the site shall conform to the following regulations:

1. The ”Standards and Guidelines for the Conservation of Historic Places in Canada” published by Parks Canada and the Minister of Alberta Culture and Community Spirit;

2. The Statements of Significance for the buildings; and

3. All modification and/or alteration shall be reviewed and approved by the Development Officer in consultation with the Heritage Officer and Alberta Culture and Community Spirit, if required.

Bylaw 16850

June 24, 2014

3. Where the provisions of this Overlay directly conflict with a historic resource’s designating document, the latter shall take precedent.

860.5        Urban Design Regulations

Bylaw 16488

July 2, 2013

1. Site planning shall be addressed in accordance with The Quarters Downtown Urban Design Plan

2. Landscaping

Bylaw 17672

June 27, 2016

Bylaw 17828

January 23, 2017

1. In addition to the requirements specified in Section 55, Landscaping shall be provided in consideration of The Quarters Downtown Urban Design Plan.

2. Landscaping along public roadways, including Lanes shall be coordinated by the City of Edmonton and shall be provided in consideration of The Quarters Downtown Urban Design Plan.

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

3. Vehicle Parking and Loading

1. Surface parking, loading, and storage areas shall be located to the rear of any building and be screened from public roadways through the orientation of on-site built form and/or enhanced landscaping measures.

2. The location and provision of garbage storage, compaction, recycling and collection facilities shall be to the satisfaction of the Development Officer having regard for minimizing the nuisance impacts of these facilities

3. Parking, loading and passenger drop-off areas shall be designed to minimize pedestrian-vehicle conflicts.

4. Visitor parking for Residential Uses shall not be provided as tandem parking.

5. Blank walls (with or without windows) of an Above Ground Parkade shall not be developed adjacent to, or be visible from, any public roadway.

Charter Bylaw 18381

May 7, 2018

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

6. No portion of an Above Ground Parkade on the first floor shall be allowed for a minimum depth of 10.0 m from any building Façade facing a public roadway, other than a Lane.

Charter Bylaw 18387

May 7, 2018

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

7. No portion of an Above Ground Parkade on the first floor up to 5 Storeys shall be allowed for a minimum depth of 6.0 m from any building Façade facing a public roadway, other than a Lane.

Charter Bylaw 18387

May 7, 2018

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

8. No portion of an Above Ground Parkade will be located on or above the top floor of any building or, in the case of a Tower, podium structure.

4. Entrances

1. Where a Dwelling unit is developed at ground level Abutting a public roadway, other than a Lane, the principal entrance to the unit shall have direct external access to the  Abutting public sidewalk and feature doorways, terraces and / or patios and windows at ground level.

Charter Bylaw 18381

May 7, 2018

2. Residential and Residential Related Uses developed above ground level Commercial Uses shall have separate access at ground level.

3. Where a Commercial Use is developed at ground level Abutting a public roadway other than a Lane, the principal entrance to the unit shall have direct external access to the Abutting public sidewalk.

Charter Bylaw 18967

August 26, 2019

4. Main building entrances for Multi-unit Housing and Commercial Uses shall be designed for universal accessibility.

1. Level changes from the sidewalk to entrances of buildings shall be minimized. 

2. Sidewalk furniture and other streetscape elements shall be located such that they do not obstruct a travel path and building entrances.

5. Entrances for all ground level Uses shall be placed not more than 15.0 m apart.

5. Weather protection in the form of a canopy, colonnade, galleria or any other method suitable to the architectural style of the sub-area, building or street theme shall be provided to support year-round use.

6. Architectural Control

1. All exposed building Façades shall be architecturally treated to create a unified building exterior.

Bylaw 17828

January 23 2017

2. Architectural diversity and visual interest shall be created through:

1. the use of distinctive treatments at the main entrance of the development; and

2. the articulation and incorporation of other design elements in the Façades and rooflines.

3. A minimum of 70% of the ground floor level portion of the commercial Façade Abutting a public roadway, other than a Lane, shall be comprised of clear, non-reflective glazing to promote pedestrian interaction and safety.

4. All mechanical equipment, including roof mechanical units, shall be integrated into the total building design. 

5. Perceived massing shall be minimized through design elements such as building Setback variations, building orientation, window placement, awnings, articulation around entrance ways, roof treatment, and the choice of exterior materials and colours.

Bylaw 15498

July 19, 2010

6. All mid and high rise buildings should display a distinct base, middle and top, except the areas known as The Armature Areas 1 and 2.

7. The upper floors of high rise buildings shall provide distinctive shaping or sculpting of the roof line to contribute to a unique and interesting skyline.

8. Dwellings and other elements of the development should be sited and oriented to minimize their impact on other dwellings, considering such things as daylight, sunlight, ventilation, quiet, visual privacy, shadowing and views.

9. Overhangs will be permitted within the space of the Setback and within public road right-of-ways at the discretion of the Development Officer in accordance with the guidelines provided in The Quarters Downtown Urban Design Plan.

Bylaw 16733

July 6, 2015

10. Towers shall form one comprehensive architectural whole, both in form, building mass, and articulation.  Podiums for Towers shall include design elements that create a pedestrian oriented/scale built form where adjacent to circulation routes on public or private property.  This can be created in various ways through Setbacks and Stepbacks in the building mass, building articulation, and through the architectural treatment of the Façades.

Bylaw 15498

July 19, 2010

Bylaw 16733

July 6, 2015

1. The Tower base building shall integrate Residential and Commercial Uses, except the areas known as The Armature Areas 1 and 2, to provide a pedestrian-scaled building edge and complement adjacent buildings or open space. The base building should define street and open space edges.

2. The Tower shall be designed and oriented to the site in a way that complements the base building, minimizes shadows and maximizes views for existing development.

Bylaw 15498

July 19, 2010

3. The average Floor Plate for the Tower zone shall not exceed 750 m2, except the areas known as The Armature Area 1 and 2.

4. The minimum Separation Space between any two Towers shall be 15.0m.

Bylaw 16733

July 6, 2015

5. Development on the site shall provide gardens or patios on the top of the base building to improve rooftop aesthetics and provide additional Amenity Area, where physically and economically feasible.

6. Where property configuration permits, the longest axis of a Tower shall be in the north/south direction in order to preserve view corridors and allow sunlight to reach street level.

Bylaw 15498

July 19, 2010

7. No side of a Tower shall be more than 35.0m long, except the areas known as The Armature Area 1 and 2.

7. Public Art shall be incorporated into publicly accessible open spaces and provide a signature feature to the development.  Public art may also be incorporated in the architecture, architectural Façades and the Façades of a building and landscaped areas.

8. Technical Study Requirements

1. Technical studies not required to accompany Development Permit applications for base level and Incentive Levels 1 or 2, as per Appendix III include the following; 

1. Sun Shadow Impact Study;

2. Traffic Impact Assessment;

3. Park Impact Assessment;

4. Parking Impact Assessment;

5. Conceptual Site Servicing Report.

6. Loading / Unloading and Waste Management

The above noted technical studies may be required to accompany Development Permit applications for Incentive Level 3 as per Appendix IV to the satisfaction of the Development Officer.

2. Additional technical studies that may be required to accompany Development Permit Applications to the satisfaction of the Development Officer include, but are not limited to:

1. Wind Impact Statement or Study

2. Slope and Soil Information;

3. Environmental Site Assessment;

4. A Letter prepared by a qualified, registered, Professional Architect or Engineer ensuring that building designs, through their massing and location, would avoid adverse microclimatic effects such as wind tunnelling, snow drifting, and rain sheeting, and would minimize shadowing and loss of sunlight both on and off-site.

5. A Crime Prevention Through Environmental Design (CPTED) Assessment that shall be reviewed and accepted by the Development Officer prior to the issuance of a Development Permit 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 (City of Edmonton, 1995), which may be amended from time to time.

Bylaw 17843

April 26, 2017
Charter Bylaw 18460

July 9, 2018

Charter Bylaw 19549

February 23, 2021

Appendix I

Bylaw 16850

June 24, 2014

Appendix II

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

Appendix III Floor Area Ratio (FAR) and Height Incentives

Bylaw 17062

July 9, 2015

1. The Floor Area Ratio and Height Incentives shall be calculated as additional FAR and Height, up to the maximum achievable FAR and Height as provided in Table 1, based on points earned according to the sustainable development initiatives added to the development as per Appendix IV provided in this provision.

2. To secure the Floor Area Ratio and Height Incentives shall be submitted along with the Development Permit application with the information required as per Appendices III and IV.

3. Floor Area Ratio and Height Incentives

1. The maximum achievable FAR and Height as per the incentives for each Area shown in Appendix I shall be as stated in Table 1.  Incentive Level 1 can be achieved by accumulating 15 points, Incentive Level 2 can be achieved by accumulating 30 points and Incentive Level 3 can be achieved by accumulating 50 points as per Appendix IV provided in this provision.  Some points must be accumulated in each of the 8 categories.

Bylaw 17062

July 9, 2015

2. Development sites may be developed up to the base allowable FAR and Height in each Area shown in Appendix I without providing any sustainable development incentives listed on Appendix IV.  All development shall still conform to all other provisions in the Zone where the development is located in the Zoning Bylaw.

3. In order to develop above the base FAR and Height, developments may pursue the FAR Incentive Level 1 or the FAR Incentive Level 2 as defined in Appendix IV.

Table 1: FAR and Height Incentives by Area¹

4. Sustainable Development Standard Checklist

1. Incentive Rates:

Bylaw 17062

July 9, 2015

1. In order to be granted the FAR and Height Incentive Level 1, as per Table 1, the development shall provide all required sustainable development initiatives and achieve 15 points in Appendix IV.  If the development achieves less than 15 points, no additional FAR or additional Height shall be granted.

2. In order to be granted the FAR and Height Incentive Level 2, as per Table 1, the development shall provide all required sustainable development initiatives and achieve 30 points in Appendix IV.  If the development achieves 15 or more points, but less than 30 points, and should the applicant choose to proceed, the development shall be granted additional FAR and additional Height according to FAR and Height Incentive Level 1 in Table 1.

3. The points assigned to each of the sustainable development initiatives are summarized in Appendix IV:

4. The applicant shall provide evidence to the Development Officer, as requested in Appendix IV, as to how the sustainable development initiatives will be implemented.

1. Contents

1. All developments pursuing FAR and Height Incentives consistent with Table 1 shall submit supporting documentation describing the commitment and compliance path.

2. Documentation shall include signature(s) of the responsible parties and shall provide a detailed description of the design strategy and/or plan of action as it relates to the chosen sustainable building feature.

3. Applications to secure FAR and Height Incentives shall be submitted along with the Development Permit application.

3. FAR and Height Incentives Submittal Requirements Appendix IV: The Quarters Downtown Sustainable Development Standard Checklist identifies submittal requirements, to the satisfaction of the Development Officer, for each of the FAR and Height Incentives.  The scope of these submittal requirements are as follows:

1. Site Plan and Associated Narrative:

   Provide a site plan detailing the following:

   1. Building footprint

   2. Solar orientation and description of how the building responds to this for passive heating and cooling

   3. Surface parking area as a percentage of total site area

   4. Location of bicycle storage and/or end-of-trip facilities

   5. Context plan

   6. 3-D view of building

   7. How universal accessibility requirements have been met

   8. Landscaping areas

   9. Exterior lighting locations

   10. Green roof area as a percentage of total roof area

   11. Recycling / waste storage and treatment areas

2. Floor Plans:

   Provide floor plans detailing the following:

   1. Natural ventilation, daylight penetration and other passive design systems

   2. Universal accessibility requirements

   3. Wheelchair radius requirements in accessible dwelling

   4. Recycling / waste storage and treatment areas

3. Elevation Drawings:

   Provide elevation drawings detailing the following as necessary:

   1. Natural ventilation, daylight penetration and other passive design systems

   2. Universal accessibility requirements

4. Lighting Plan:

   Detail the lighting strategy for the site. Demonstrate compliance with the requirements of the Illuminating Engineering Society of North America (IESNA RP-33-99).

5. Parking Plan:

   Provide a parking plan detailing the following as necessary:

   1. Universal accessibility requirements

   2. Recycling / waste storage and treatment areas

   3. Location of bicycle storage and/or end-of-trip facilities

   4. Location of unbundled parking spaces

   5. Location and number of car-share vehicles relative to the total number of stalls

6. Simpson’s Diversity Index:

   Use the following equation to calculate your score:

   Score = 1 - ∑ (n/N)²

   Where n = the total number of dwellings in a single category, and N = the total number of dwellings in all categories

   Housing categories in The Quarters Downtown are defined as:

Bylaw 18171

September 11, 2017

1. Studio large - greater than 46 m² 

2. Studio small - less than 46 m²

3. One-bedroom large - greater than 65 m²

4. One-bedroom small - less than 65 m²

5. Two-bedroom large - greater than 84 m²

6. Two-bedroom small - less than 84 m²

7. Three or more bedroom

8. Live-work

1. Energy Management Plan:

Bylaw 16733

July 6, 2015

Describe the energy management strategy and active and passive systems being employed to meet the targeted reduction in energy use. Describe the results of energy modelling and the percentage performance improvement over the Model National Energy Code for buildings.  The assessment is to be prepared by a professional engineer or architect.

8. Energy Modelling Screening Tool:

   Present the results of the energy modelling screening tool from CBIP or other modelling software.  The assessment is to be prepared by a professional engineer.

9. Letter of Commitment:

   Provide a letter of commitment from the developer and/or owner and/or professional architect and/or engineer declaring that the requirements will be met.

10. Affordable Housing Agreement:

    The owner will execute an agreement with the City of Edmonton to address the contribution to affordable housing.

11. Water Management Plan:

    Provide a water management plan (to be prepared by a professional engineer) describing the overall water management strategy and how potable water use will be reduced and water will be reused. Detail the following as necessary:

    1. A system to collect, store and treat (if necessary) rainwater

    2. How collected rainwater will be utilized

    3. Flow rates on water efficient fixtures to be used

    4. Mechanisms to be employed in order to reduce potable water for sewage conveyance by 50% when compared to a typical baseline building.

    5. A system to collect and treat grey water for reuse on site

12. Landscape Plan:

Bylaw 17828

January 23, 2017

Provide a detailed landscape plan (to be prepared by a professional landscape architect) including the overall landscaping strategy and a list of plant materials to be used.

9. Construction Waste Management Plan:

   Provide a construction waste management plan describing the overall waste management strategy and how waste will be diverted from landfill toward recycling and/or salvage reuse. Provide a list of the materials to be collected for recycling and salvage. The plan is to be prepared by a professional engineer or architect.

10. Air and Dust Emissions Control Plan:

Bylaw 16733

July 6, 2015

Provide an air and dust emissions control plan describing how air quality will be maintained and dust controlled during construction and demolition. Replace all filtration media immediately prior to occupancy, with a Minimum Efficiency Reporting Value of 13. Meet or exceed the recommended Design Approaches of the Sheet Metal and Air Conditioning Contractor’s National Association IAQ Guideline for Occupied buildings Under Construction, 1995, Chapter3. Protect all absorptive material from moisture damage. Use filtration media with a Minimum Efficiency Reporting Value of 8 at each return air grill if air handlers must be used during construction.  The plan is to be prepared by a professional engineer or architect.

15. Car-Share Plan or contract with car cooperative:

Describe the terms of use of the project’s car-share program. Detail the number of cars to be provided, membership criteria, booking mechanisms, and management plan. A minimum of 1 car for every 50 units shall be provided. If a contract is signed with an existing car cooperative to supply a car on the property provide a copy of the contract.

Appendix IV This appendix is to be used in conjunction with Appendix III