(DC1) DIRECT DEVELOPMENT CONTROL PROVISION

 

Bylaw 16972

November 17, 2014

 

Bylaw 18123

August 28, 2017

 

 

10350C – 95 Street NW & 9505C – 105 Avenue NW

 

1.        General Purpose

To guide the use and development of Boyle Renaissance Phases 1 and 2 which are divided into DC1 Subarea 1 and DC1 Subarea 2 as shown on Appendix II.  The two subareas share some development opportunities related to parking and sign provisions.

 

The general purpose of Subarea 1 is to provide for a mix of residential, institutional, recreational, cultural and community uses with a built form that is pedestrian friendly and compatible in scale, function, and design with surrounding developments

 

The general purpose of subarea 2 is to accommodate primarily residential mixed-use development with complimentary ground floor uses and a built-form that is pedestrian friendly and compatible in scale, function, built form and design with surrounding developments. Uses of a cultural, social and community related nature will be encouraged.

2.      Location

Subarea 1 provisions shall apply to Units 1-7, Condominium Plan 1322711, located at 10350C-95 Street NW, Boyle Street, as shown on Schedule ”A” of the Bylaw adopting this DC1 Provision.

 

Subarea 2 provisions shall apply to Units 1-105, Condominium Plan 1421901; located at 9505C 105 Avenue NW, Boyle Street, as shown on Schedule ”A” of the Bylaw adopting this DC1 Provision.

3.      Uses

Uses for Subarea 1 & Subarea 2

  1. Apartment Housing

  2. Lodging Houses

  3. Business Support Services

  4. Child Care Services

  5. Commercial Schools

  6. Community Recreation Services

  7. Convenience Retail Stores

  8. Creation and Production Establishments

  9. Extended Medical Treatment Services

  10. Free Standing On-Premises Signs

  11. Fascia On-premises Signs

  12. General Retail Stores

  13. Government Services

  14. Health Services

  15. Indoor Participant Recreation Services

  16. Limited Group Home

  17. Live Work Unit

  18. Minor Digital On-Premises Signs

  19. Minor Home Based Business

  20. Non-Accessory Parking

  21. Personal Service Shops

  22. Professional, Financial and Office Support Services

  23. Protective and Emergency Services

  24. Projecting On-premise Signs

  25. Public Libraries and Cultural Exhibits

  26. Public Park

  27. Public Education Services

 bb.  Private Education Services

 cc.  Religious Assembly

 dd.  Restaurants

 ee.  Specialty Food Services

 ff.   Stacked Row Housing

 gg.  Row Housing

 hh.  Temporary Shelter Services

Additional Uses for Subarea 2

  1. Apartment Hotels

  2. Household Repair Services

  3. Minor Amusement Establishments as an accessory use to a Restaurant

  4. Recycled Materials Drop-off Centre

  5. Residential Sales Centres

  6. Veterinary Services

4.       Development Regulations

  1. Subarea 1

  1. The maximum Height shall not exceed 8 storeys nor 27.0 m.

  2. The maximum Floor Area Ratio (FAR) shall not exceed 3.5.

  3. Building design plans that are required to be submitted with a Development Permit application shall incorporate details of overall site layout, exterior building treatment and colour scheme, perimeter and internal landscaping, fencing and screening, and vehicular parking layout, shall be to the satisfaction of the Development Officer, and shall generally conform to plans and guidelines of Appendix I of this Provision.

  4. Minor Digital On-Premises signs shall be deemed to be an On-Premise sign if they direct attention to a business, activity, product, service or entertainment provided on 9505C – 105 Avenue Subarea 2 of this DC1 Provision.

  5. Loading shall be designed in accordance with a Vehicular Parking Management Plan prepared by an accredited professional and to the satisfaction of the Development Officer in consultation with Transportation Services;

  6. Vehicular access to the Site and the entrance to underground parking shall not be permitted from 103A Avenue and 95th Street;

  1. Subarea 2

  1. The minimum Height shall be no less than 3 storeys or 11.0 m.

  2. The maximum allowable Height shall not exceed 10 storeys nor 33.0 m.

  3. The maximum Floor Area Ratio (FAR) shall be 6.0.

  4. Minor Digital On-Premises signs shall be deemed to be an On-Premise sign if they direct attention to a business, activity, product, service or entertainment provided on 10350C – 95 Street (Subarea 1) of this DC1 Provision.

  5. The parking shall be designed in accordance with a Vehicular Parking Management Plan prepared by an accredited professional and to the satisfaction of the Development Officer in consultation with Transportation Services;

  6. Vehicular access to the Site and the entrance to underground parking shall not be permitted from 95th Street;

  7. Upgrades to lane infrastructure may be necessary, as a condition of a Development Permit, to serve access to parking facilities.

  1. General Regulations that apply to Subarea 1 and Subarea 2

  1. Prior to the issuance of any Development Permit, the owner shall provide documentation satisfactory to the Development Officer in consultation with Alberta Environment and Sustainable Resource Development, Alberta Health Services, and Transportation Services that, if required, remediation of the Site has been undertaken to a standard consistent with the intended uses.

  2. Building design plans that are required to be submitted with a Development Permit application, shall be to the satisfaction of the Development Officer, in general conformance to plans and guidelines in Appendix I of this provision, and shall also incorporate details of overall site layout, exterior building treatment and colour scheme, perimeter and internal landscaping, fencing and screening, and vehicular parking layout.

  3. All listed Commercial Uses shall be limited to the street frontage and first two storeys of development.

  4. Residential or residential related uses on the ground floor shall be designed to ensure privacy and security.

  5. A setback of 1.5 metres shall be required adjacent to 95th Street and no additional setbacks are required with the exception of where the placement of a building or accessory structure must be setback to provide adequate sightlines to the satisfaction of the Development Officer in consultation with the Transportation Department.

  6. A minimum amenity Area of 6.0m2 per Dwelling shall be provided and achieved through the use of balconies, gardens/patios on the top of podium bases, rooftops, grade level display gardens, terraces, communal amenity spaces and adjoining, accessible landscaped open spaces.

  7. All roof-top mechanical equipment shall be concealed by screening in a manner compatible with the architectural character of the building or concealed by incorporation into the building structure or roof, to the satisfaction of the Development Officer.

  8. Electrical and utility servicing shall be located internally to the building, to the satisfaction of the Development Officer and in general conformance to plans and guidelines in Appendix I of this Provision.

  9. Signage applications for Facia On Premise Signs and Projecting On Premise signs shall be in accordance with Schedule 59B of the Zoning Bylaw. 

  10. Minor Digital On-Premises Signs shall be in accordance with Schedule 59H.  In additions to the regulations in Schedule 59H,when considering an application for a Minor Digital On Premise Sign the Development Officer shall consider the need of the development to advertise programs and special events associated with the Site and ensure that the proposed sign location and design complement the architecture of the existing building and  the following additional regulations will apply:

  1. Freestanding Signs shall be limited to Minor Digital On-Premises signs.

  2. Minor Digital On-Premises signs shall be limited to Freestanding signs;

  3. Only 1 Freestanding Minor Digital on Premise Sign shall be permitted on the Site and shall be restricted to the frontage along either 103A Avenue or 95 Street.

  4. The maximum area of a Minor Digital On-Premises Sign shall be 3 square meters; and

  5. The maximum Height of a Minor Digital On-Premises Freestanding  Sign shall be 3 meters

  6. Minor Digital On-Premise signs shall be located such that the Sign does not obscure a driver decision point. The Development Officer, in consultation with Transportation Services, shall be satisfied that each Copy Area:

  1. does not physically obstruct the sightlines or view of a traffic control device or traffic control signal for oncoming vehicle traffic;

  2. is not located in the field of view near or past the traffic control device or traffic control signal in the sightlines of oncoming vehicle traffic;

  3. is not located in the field of view near or past other traffic conflict points such as intersections, merge points, exit ramps, or curved roadways; and

  4. illumination does not compete with or dull the contrast of the traffic control device or traffic control signal for oncoming vehicle traffic.

  1. Vehicular parking shall be located underground to the satisfaction of the Development Officer and in general conformance to plans and guidelines in Appendix I of this Provision, in consultation with the Transportation Services, in accordance with the following:

  1. Developments shall incorporate a minimum of one level of below-grade parking designed in accordance with the parking requirements of a Vehicular Parking Management Plan prepared by an accredited professional and to the satisfaction of the Development Officer in consultation with Transportation Services;Non Accessory Vehicular Parking shall be in accordance with the Boyle Renaissance Phase I and Phase II Parking Review dated April 15, 2014 and the Boyle Renaissance Community Parkade Non-Accessory Parking Review dated  February 7, 2017 in that a maximum total of 25 stalls shall be provided for 10350C – 95 Street NW (Subarea 1) and a maximum total of 25 stalls shall be provided for 9505C – 105 Avenue NW (Subarea 2) as generally outlined in Appendix II.

  2. At the time of a development permit application, the Development Officer may, in consultation with Transportation Services, require the applicant to prepare a management strategy designed to monitor the ongoing operation on the Non-Accessory Parking use and the Development Officer may condition the development permit as necessary in accordance with the management strategy.

  3. Structured parking shall be integrated wherever possible with other buildings and an overall parking strategy that considers shared parking opportunities;

  4. Any vehicular ramps to access underground parking must not exceed a slope of 6% for a distance of 4.5 m from exiting the Site.

  1. Secure indoor bicycle parking and outdoor bicycle parking is required for all developments.  The number of stalls required and the location shall be in accordance with the Vehicular Parking Management Plan prepared by an accredited professional and to the satisfaction of the Development Officer, in consultation with Transportation Services.

  2. Loading, storage and garbage collection areas shall be located internally to buildings and/or be concealed from view from adjacent sites and public roadways.  Garbage and recycling collection areas shall be designed to the satisfaction of the Development Officer, in consultation with Transportation Services.

  3. General Retail Stores shall have less than 750m2 of gross floor area.

  4. Restaurants shall have a maximum seating of 200 occupants and a maximum Public Space of 240m2.

  5. Specialty Food Services shall have a maximum seating of 100 occupants and a maximum Public Space of 120m2.

5.      Urban Design Regulations

  1. Development on this Site shall be designed in accordance with the following architectural and design regulations and in general conformance with Appendix I, Boyle Renaissance Urban Design Principles and Design Guidelines, in order to achieve a pedestrian-scale built form, to the satisfaction of the Development Officer:

  1. Development shall minimize the impact on adjacent buildings and to enhance the village concept of the Boyle Renaissance area through design, site planning, landscaping, screening and buffering;

  2. Building massing shall be articulated through setbacks and step-backs;

  3. Incorporation of pedestrian-scaled building edges;

  4. Where economically feasible, the provision of gardens or patios on the top of the podium level and building rooftops to improve rooftop aesthetics and to provide additional amenity space;

  5. The architectural treatment of the first 2 storeys of any development shall incorporate materials such as glass, glazed window wall systems, brick, stone, architectural concrete, pre-cast coloured concrete and/or other durable, high quality materials;

  6. Functional and decorative lighting shall be incorporated to enhance the appearance of the buildings and to illuminate pedestrian areas;

  7.  In Subarea 1, a focal point shall be developed at the South-East corner of the site, adjacent to the 95th Street and 103A Avenue intersection, through the incorporation of landscaping, paving, and other urban design elements;

  8. In Subarea 1, a mid block pedestrian connection across 103A Avenue and 104th Avenue shall be developed to connect the Quarters with Boyle Renaissance; and

  9. In Subarea 1, an open space activity area for passive and/or active recreation shall be provided.

  1. Commercial Frontages shall be developed in accordance with the following regulations, to the satisfaction of the Development Officer:

  1. Building entrances and windows shall be oriented to front onto public roadway;

  2. At least 70% of ground floor commercial façades shall have clear glazing on the exterior; and

  3. The maximum Frontage shall be 10.0 m. Where the Frontage exceeds 10.0 m, the front façade of the building shall be designed to break the appearance into 10.0 m sections or modules.

  1. Residential buildings should be in general conformance with the Residential Infill Guidelines, to the satisfaction of the Development Officer.

  2. Residential and commercial uses shall have separate at Grade entrances.

  3. The Development shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-site, to the satisfaction of the Development Officer.

  4. Main building entrances for any Use shall be designed for universal accessibility as per the Barrier Free Design Guide published by the Safety Codes Council (Alberta) 2008, as amended.

6.     Landscaping

  1. A detailed Landscape Plan for the Site must be submitted by a registered Landscape Architect for review and approval by the Development Officer, in consultation with Sustainable Development and Transportation Services, and in general conformance to plans and guidelines in Appendix I of this Provision, prior to the approval of any Development Permit.

  2. The owner shall register an Instrument on Title that ensures public access to the activity area, as well as any other publicly accessible open space deemed appropriate, to the satisfaction of the Development Officer, and in general conformance to plans and guidelines in Appendix I of this Provision.

7.     Sustainability

  1. Developments shall incorporate green building initiatives and site design that reduce the consumption of water, energy, and materials, to the satisfaction of the Development Officer and in general conformance to plans and guidelines in Appendix I of this Provision.

  2. City-owned buildings shall conform to Policy C532, Sustainable Building Policy- Leadership in Energy and Environmental Design (LEED) Silver, or any policy that supersedes Policy C532. 3.6.

8.     Safety

  1. The owner shall submit 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.

 

Appendix I

BOYLE RENAISSANCE URBAN DESIGN PRINCIPLES AND DESIGN GUIDELINES

Introduction

 

Boyle Renaissance is a Council Initiative that will accommodate primarily mixed use development with complimentary ground floor uses and an intended built form that is pedestrian friendly, as well as compatible in scale, function, built form and design with similar surrounding developments centered around a community oriented open space network. The following Urban Design Principles and Design Guidelines create a level of aspiration for Boyle Renaissance and define the symbology, context and character of the urban form that could evolve as the various components and phases of Boyle Renaissance are designed and realized. The Boyle Renaissance Advisory Committee (BRAC) understands that these aspirations may require further review as City Council, proponents and partners proceed forward with the implementation of Phase 1 and Phase 2 and consider the feasibility of the future components of Boyle Renaissance through the finalization of the Urban Design Master Plan.

 

The Boyle Renaissance Master Plan will incorporate the current design strategy for Phases 1 and 2 with the design and planning philosophy that will define the future stages of the Project. The design of each building will be considered in terms of its adherence to the Master Plan and these guidelines. In addition, it is expected that the three overarching principles of the Edmonton Design Committee will be addressed through the collaborative process that has been established and the approach that will be followed to review the finalized Master Plan and all new major developments within Boyle Renaissance.

 

The Urban Design Principles define the overarching ideas that will give a unique identity to the area. The Principles set the context for the project area defined by the Boyle Renaissance Initiative and speak to the relationship of this area to the larger context of the City. They form the basis for any subsequent design actions in the Boyle Renaissance area.

 

The Design Guidelines speak to the parameters that should be utilized for each development and/or building that is proposed. The guidelines are performance oriented, and not prescriptive. If considered and followed, they create an environment for design excellence to occur, for small sections to have a major cumulative effect, and provide a mechanism for evaluating proposals for components of Boyle Renaissance.

 

BOYLE RENAISSANCE URBAN DESIGN PRINCIPLES

Symbology of Place

A Sustainable Village

A Model of Universal Design

Identity of the Components

Vehicular and Pedestrian Systems

Building Form and Massing

The Spaces In Between

 

BOYLE RENAISSANCE DESIGN GUIDELINES

Making Boyle Renaissance the Heart of the Inner City

1.1 Encourage Compatible Development 

Buildings and spaces should be designed with future adjacent development as a consideration. Designs should not be “islands,” but should create design opportunities for future abutting development.

 

1.2 All Seasons City

Building uses and exterior spaces should lend themselves to use throughout all four seasons. Designs should include protected spaces and pathways to enable year-round use by visitors and inhabitants.

 

1.3 Sustainable Design

New development should embody current green building techniques wherever possible. Energy efficient design options should be explored as well as alternative building products, which have less impact on the local and world environment. Strive for LEED® (Leadership in Energy and Environmental Design) certification of development.

 

1.4 Buildings as Good Neighbours 

Each building should be designed to fit into, and contribute to the future vision of Boyle Renaissance. Each building should enhance the public experience of itself and of the abutting buildings. Undesirable elements of buildings should either be screened or hidden from view. 

 

1.5 A Place of Multiple Activities

When practicable, include multiple uses in building structures, as well as using exterior spaces as extensions of interior uses. Create combinations of public rights of way and open spaces to create places that can accommodate multiple activities.

 

1.6 Scale of the Street

Building heights adjacent to a street edge should be at least as tall as half the width of the right of way. Existing buildings would improve the street scale with vertical expansion. Street trees can also be used in meeting the height goal. A combination of taller buildings and trees will create the appropriate scale for the street.

 

1.7 Pedestrian Interaction

Buildings and exterior space should foster activity and interaction of citizens at a pedestrian scale. Encourage a variety of uses within walking distance for residents, employees, and visitors. Employ appropriate sidewalk widths and weather protection to encourage use and activity.  Utilize barrier free, age friendly and universal design specifications for all buildings and interior space.

 

1.8 Celebrate Cultural Diversity

Integrate into the design of buildings and spaces, places that provide opportunities for unique cultural practices and celebrations. honour the traditional needs of specific cultures regarding placement of activities and access by the public.

Boyle Renaissance Connections

2.1 Visual Linkages

Design interior and exterior spaces that recognize and promote visual linkages to other defining elements, such as monuments, civic spaces, outlooks, water features and other natural and man-made landmarks that orient the user.

 

2.2 Axial Relationships and Monuments 

Recognize existing and potential axial relationships of places and buildings. In building form, monuments, or in water features, incorporate extensions or terminations of these relationships. 

 

2.3 Places and Connections

Provide a safe, inviting series of interconnected “places”, both interior and exterior to the building structures. Provide linkages to adjacent neighbourhoods for pedestrians, bicycles, wheelchair/scooters and automobiles. 

 

2.4 Driving and Parking

In the design of streets and parking areas, functional requirements of vehicular activity should not compromise, but should enhance, the pedestrian environment. 

 

2.5 Pedestrian Opportunities

Integrate pedestrian circulation systems with existing and planned systems, both indoor and outdoor, that connect public rights-of-way and spaces, activities and uses. Design systems to use paving, furniture, and landscaping that are wheelchair and stroller accessible, age friendly, convenient to use, and in character with the public improvements. 

 

2.6 Connection to Adjacent Areas

Enhance the visual and pedestrian connections to the river valley. Create pathways, resting areas and other elements to achieve accessibility to adjacent areas and the river valley.

 

2.7 Green Streets

Promote creation of ”green” streets and surface parking areas exploring features like permeable paving, solar powered lighting, and native landscaping. City design standards should be flexible to allow designs that have a minimal impact on non-renewable natural resources. 

 

2.8 Connections through Buildings

Promote design that allows for public interaction between buildings. Encourage pedestrian walkways through and connections between clusters of buildings.

 

Spaces and Landscapes

3.1 Outdoor Rooms

Development of public spaces within and around Boyle Renaissance should contribute to the formation of “outdoor rooms.” Within these rooms, specific commercial and public uses, circulation patterns, public art, and cultural recognition shall be encouraged to reinforce the ”room” and its linkage to Boyle Renaissance and the downtown core.

 

3.2 Areas of Many Functions

Create pathways, open spaces and enclosed or sheltered public spaces to be flexible and to accommodate a number of functions, whether organized or casual. Establish capacity for celebrations, farmer’s market and programmed events.

 

3.3 The Street

Define the street through delineation of right-of-way with the building edge, landscaping, lighting and signing appropriate to the function of the street and the area of Boyle Renaissance it serves. Street trees spaced at no more than 30 feet on center are critical to establishing the character of a street. Incorporate traffic calming techniques to reduce conflicts with pedestrian flow. (Integrate universal design concepts such as large/ color contrasting signage, technology such as audio and visual countdown, and tactile crosswalks

 

3.4 The Intersections

Consider intersections as a “room” within the city. Maintain vehicular flow requirements while providing safe and convenient pedestrian access. When possible, use the location of building entries, building details, street lighting, and signage to enhance the concept of the intersection as a room.

 

3.5 Courtyards and Plazas

In private development, design courtyards and plazas that provide a continuity of experience between the inside and outside of the building and between the public and private realm. 

 

3.6 Open Space Defined By Buildings 

The spaces in-between buildings should enhance the public experience through building design, form and organization.

 

3.7 Inside And Outside

Ground floor activities in buildings within Boyle Renaissance should present an interesting and enticing addition to the pedestrian experience. Exterior walls abutting public rights of way shall have more than 50% of the surface in windows, showcases, displays, art or pedestrian access elements.

 

3.8 Roofscaping

The rooftops of buildings within Boyle Renaissance present an opportunity for “green” design and upper level activities. New development should be encouraged to create eco-roofs and/or opportunities for places where activity could enhance the street. 

 

3.9 Street Trees

Selection of trees along street edges should create a unifying canopy for the street. Trees should be chosen to ensure commercial views from the street. Trees with strong vertical shapes should be used sparingly to avoid a discontinuous or “lollipop” appearance.

 

3.10 Signage

Business identity signs, while conforming to other requirements of the sign ordinance, should add to the quality and character of the street. Signs should also relate to the building’s character and provide identity and focus for the use. Signs should be readable from vehicular as well as pedestrian views.

 

3.11 Public Art

Public art can enhance the landscape and provide focus within public spaces. Incorporate public art in strategic locations to create a better visual environment and provide interactive and interpretive experiences for both children and adults. Integrate the design work of artists, with a focus on local artists, into new development.

 

3.12 Safe Environments

New development and civic improvements should use crime prevention techniques wherever possible. Design options that reduce the opportunity for crime and nuisance activities should be explored, such as “eyes on the street” and the principles of CPTED (Crime Prevention through Environmental Design), to create a safer environment.

Buildings

4.1 Building Form 

Single-purpose buildings should be treated as “stand-alone” structures with style and size appropriate to use. Mixed-use buildings should be designed to relate contextually to the surrounding buildings.

 

4.2 Adaptable Design

As Boyle Renaissance evolves over time, the market will dictate changes in uses and densities. Design of buildings should consider flexibility in use and density over the life of the building. 

 

4.3 Active Buildings along Pedestrian Oriented Streets

Where pedestrian oriented streets are identified within Boyle Renaissance, active uses should be developed to support them. The Boyle Renaissance street edges should help to reinforce the pedestrian link between focal points or attractors.

 

4.4 Activate Buildings along Paths & Linkage Streets 

Where possible, maximize use of deep buildings and the laneway structure in Boyle Renaissance. Businesses that do not require high exposure street frontage may develop along improved laneways and open space internal to blocks, giving the important edge to retail and high exposure businesses. 

 

4.5 Craft of Building 

In designing buildings, recognize the “craft of building” as fundamental in creating appropriate building detail. Proportion, attention to detail and quality design should be stressed. Lasting materials are strongly encouraged and the way buildings are assembled is important to the final product and its relationship to Boyle Renaissance.

 

4.6 The Outside Wall

The “outside wall”, the building’s presentation both to passers-by and to users, should invite participation. Upper levels of buildings facing the street should incorporate decks, balconies or other devices that activate the wall enclosing the street, any open space, pathways, or lanes.

 

4.7 Building Entrances

Building entrances should support and enhance the pedestrian oriented quality of Boyle Renaissance. Design entrances to give identity to buildings and uses therein. 

 

4.8 Interior Environments

Interior design of buildings in Boyle Renaissance should recognize the need for quality living and working environments for all its users. Natural lighting and ventilation should be utilized to the maximum extent possible.

Service Systems

5.1 Parking Relationship to Building 

Parking areas and structures are to be integrated into new building designs. Surface parking should be limited to short-term parking along streets or off laneways. Delineate surface parking lots from pedestrian ways by low vertical screening elements, such as masonry walls, fences or landscaping.

 

5.2 Service Areas

Since service access and trash holding areas are expected to be in the laneway or adjacent to roadways and open spaces, care must be taken to avoid a ”back-door” appearance to the building faces that are adjacent to pedestrian areas and other buildings. Employ screening and landscaping to reduce the visual impact of service areas.

 

5.3 Waste Management

Extend the evolving Quarters waste management system into Boyle Renaissance for dumpsters, waste and recycling. Establish security controls for equipment and collection facilities.

 

5.4 Harm Reduction

Accommodate smoking areas that do not compromise the non-smoking users of Boyle Renaissance. For users of smoking areas, provide security and weather protection. Ensure the space can be managed and maintained.