(DC1) DIRECT DEVELOPMENT CONTROL PROVISION

 

Bylaw 16547

August 26, 2013

10040 - 101A Avenue NW, 10167 and 10169 - 101 Street NW

1.        General Purpose

This Provision is designed to accommodate the preservation and rehabilitation of the Kelly Ramsey facades while providing for the comprehensive redevelopment of the Kelly Ramsey block as a high density and quality development that accommodates office, retail, service, institutional, residential, arts and entertainment Uses and meet the land use objectives for the Commercial Cultural Core.

2.       Area of Application

This Provision shall apply to Lots 39-42, Plan F; as shown on Schedule “A” appended to the Bylaw adopting this provision, Downtown

3.       Uses

  1. Apartment Housing

  2. Apartment Hotels

  3. Bars and Neighbourhood Pubs

  4. Business Support Services

  5. Child Care Services

  6. Commercial Schools

  7. Community Recreation Services

  8. Convenience Retail Stores

  9. General Retail Stores

  10. Government Services 

  11. Health Services

  12. Hotels

  13. Indoor Participant Recreation Services

  14. Live Work Units

  15. Media Studios

  16. Minor Amusement Establishments

  17. Minor Home Based Business and Major Home Based Business

  18. Minor Alcohol Sales and Major Alcohol Sales

  19. Natural Science Exhibits

  20. Nightclubs

  21. Non-accessory Parking

  22. Personal Service Shops

  23. Professional, Financial and Office Support Services

  24. Private Education Services and Public Education Services

  25. Private Clubs

  26. Protective and Emergency Services

  27. Public Libraries and Cultural Exhibits

bb.  Residential Sales Centre

cc.  Restaurants

dd.  Specialty Food Services 

ee.  Spectator Entertainment Establishments

ff.   Fascia Off-premises Signs

gg.  Fascia On-premises Signs 

hh.  Major Digital Signs

ii.    Minor Digital On-premises Signs

jj.   Minor Digital On-premises Off-premises Signs

kk.  Projecting Off-premises Signs

ll.   Projecting On-premises Signs

mm.  Temporary On-premises Signs, not including portable signs  

4.       Development Regulations

  1. Development shall be in general conformance with Appendix 1.

  2. The maximum Floor Area Ratio shall be 18.0.

  3. Building Height

  1. the maximum Height shall be 200 m;

  2. the above Height is subject to the provisions of the City Centre Protection Overlay; and

  3. where the maximum Height exceeds 150 m, the Development Officer shall ensure the design of the built form, its profile, sculpting, and detailing, as well as the quality of its material is such that it is a significant positive addition to the City’s skyline.

  4. Building Setbacks shall be in general conformance with Appendix 1 and required as follows:

  1. 0.0 – 0.5 m on the west, except:

  1. a maximum of 35% of the building may be setback 7.0 m, adjacent to 101 Street;

  1. 0.0 – 0.5 m on the east;

  2. 0.0 – 0.5 m on the north;

  3. 0.0 – 0.5 m on the south, except:

  1. the building, other than the Kelly Ramsey facade, may have a maximum setback of 6.0 m.

  1. Tower Stepbacks from the podium shall be in general conformance with Appendix 2 and as follows:

  1. a minimum of 2.5 m on the west except:

  1. no stepback is required where the building is setback greater than 5.0 m.

  1. a minimum of 3.0 m on the east.

  2. a minimum of 6.0 m on the north.

  3. a minimum of 4.0 m from the Kelly Ramsey Façade on the south.

  1. Amenity Area

  1. A minimum Amenity Area of 3% of gross floor area of residential uses, to a maximum of 6% shall be required for buildings over 2000m2 to the satisfaction of the Development Officer.  Amenity areas may include meeting rooms, fitness facilities, outdoor space, and shall be exempt from FAR calculations. 

  2. A minimum Amenity Area of 1% of gross floor area of non-residential uses shall be provided, to a maximum of 3% of the development.  Amenity Areas may include interior landscaped open spaces, arcades, atriums, lobbys, roofscapes, plazas and gardens and shall be exempt from FAR calculations.

  1. Parking, loading, and storage

  1. Vehicular and Bicycle Parking shall be in accordance with Section 54 of the Zoning Bylaw.

  2. All vehicular parking shall be developed below grade.

  3. The Parkade developed below grade shall be permitted to be built to the property line, except along 100A Street where it shall be permitted to encroach into the road right-of-way.

  4. Change rooms, showers, and covered, secured bicycle parking facilities shall be provided to the satisfaction of the Development Officer.  LEED™ standards shall be utilized to calculate the required areas.

  5. Vehicular access to parking structures and sites shall be from the abutting alleys to maintain an uninterrupted street façade and enhance the pedestrian experience.

  6. Driveway ramps for underground parkades shall not exceed a slope of 6% for the first 4.5m from the property line, or as prescribed by Transportation Services.

  7. Loading, storage and trash collection areas shall be located within the building and in accordance with the provisions of Section 55 of the Zoning Bylaw. Loading and trash collection areas shall be designed to the satisfaction of the Development Officer in consultation with Waste Management and Transportation Services.

  8. Technical Studies

  1. A Sun Shadow Impact Study prepared and based on a scale model simulation analysis by a qualified professional engineer or architect shall be provided to the satisfaction of the Development Officer.

  2. A Wind Impact Statement prepared by a professional engineer shall be provided to the satisfaction of the Development Officer.

  1. Signs

  1. Signs shall comply with the regulations found in Schedule 59H.

  2. A Comprehensive Sign Design Plan in accordance with the Provisions of Section 59.3. shall be required to the satisfaction of the Development Officer.

  3. Major Digital Signs, Minor Digital On-premises Signs, Minor Digital Off-premises Signs, and Minor Digital On-premises Off-premises Signs, shall comply with the regulations found in Schedule 59F.3.

  1. Any application for a Major Digital Sign Use shall require the submission of a Traffic Safety Study prepared by a qualified engineer and shall be to the satisfaction of the Development Officer and Transportation.

  2. Major and Minor Digital Signs shall not be permitted on the heritage designated façades.

  1. Signs erected on the designated heritage facades shall comply with the following regulation and be to the satisfaction of the Development Officer in consultation with the Heritage Officer:

  1. Sign size, typeface, graphic and material shall be designed as such to compliment and be sensitive to the designated historic façades.

  2. Signs shall only be permitted on the ground floor, below the decorative cornices.

  3. Signs may only be illuminated from an external source or individually backlit logogram or lettering. Internally lit or canned backlit signs are not permitted.

  4. Off-premise Signs shall not be permitted on the heritage designated facades.

  5. Notwithstanding Section 4.j(iv)D Fascia Off-premise Signs may be permitted on the heritage designated façade facing the Lane.

4.1       Urban Design Regulation

  1. Street Interface

  1. Buildings shall reflect the street types identified for 101 and 100A Street NW in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200, emphasizing sidewalks and boulevard treatments to enhance the pedestrian oriented character of the Commercial Cultural Core.

  2. Buildings shall be designed to accommodate Commercial Uses to strengthen the pedestrian oriented shopping area through the following:

  1. The ground Storey shall have a minimum Height of 3.5m,

  2. Architectural treatment of new developments and substantial renovations shall have windows on the front façade of the building at each storey, and the placement and type of windows shall allow viewing into the building,

  3. Major shopping complexes and large-format stores over 2000m2 shall contain smaller scale retail spaces with direct access to the street to maintain a rhythm of fine-grained retail establishments at grade. All street level Commercial Uses that abut a street shall provide a primary direct access to the street,

  4. A minimum of 60% of street frontage for retail, services, and other commercial uses, and

  5. The ground floor elevation shall not exceed the elevation of the abutting public sidewalk by more than 0.3 m, at the discretion of the Development Officer where the grade or other site conditions require greater grade separation.

  1. The ground floor portion of the façade abutting 101 Street NW (west), 100a Street NW (east), and Block OT, Plan F (south) shall be comprised of transparent, non-reflective, non-tinted, non-obscured glazing.

  2. Blank walls or non-transparent surfaces shall not exceed 20% of the linear building frontage at grade, where fronting onto a Public Roadway, other than a lane.  Blank walls or non-transparent surfaces on buildings with non-Residential Uses shall not exceed 6.0m in width, except if the surface is designed to accommodate Public Art, then the maximum width shall be no wider than 10.0m.

  3. The development of the abutting public realm shall be in accordance with the objectives outlined in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200.

  4. Public Amenity Area

  1. Yards, including useable outdoor spaces, shall continue the public sidewalk paving materials, finish, and pattern.  In addition, soft landscaping may be required to the satisfaction of the Development Officer. 

  1. Street Wall Design

  1. The building façade that comprises a portion of the Street Wall shall range in Height from 9m to 26m. The Development Officer may vary street wall heights 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.

  1. The Height of the building façade or podium base shall be within 7m of the height of the adjacent buildings façade or podium. 

  2. Entrances and Corners

  1. Ground level retail uses shall open to the street rather than an internal atrium.

  2. In mixed-use buildings, residential uses shall have access at grade that is separate from the commercial premises.

  3. Buildings at corners shall provide courtyards, major entry ways or distinctive architectural features consistent with the style of the building or influences on the other corners of the intersection to enhance pedestrian circulation and, where applicable, enhance axial views.

  4. Buildings shall be designed and oriented to face 100A Street, 101 Street and Block OT, Plan F with entrances that are clearly visible.

  5. Tower Floor Plate, Stepbacks, and Spacing

  1. Buildings greater than 26m in Height shall be allowed in the form of a podium plus Tower composition or other configuration that ensures design treatments are compatible with the façades of adjacent buildings in the immediate area.

  2. The mid-level of Towers shall employ Tower spacing and sculpting to reduce building mass and augment views, light and privacy. 

  3. Towers, whether in the form of freestanding independent structures, or a number of associated structures within a complex shall be designed, oriented and constructed to maximize views, articulate the downtown skyline, and allow sunlight penetration at the street level, in public spaces, plazas, parks and amenity areas.

  1. Roof Tops and Skyline Effects

  1. The Towers shall contribute to the ’signature’ of the building and the City’s skyline through treatment of the upper floors and roofs. The Tower shall provide articulation, visual interest and reduced massing effects by combination of sculpting of the building, variation of materials/color or other means and shall be to the satisfaction of the Development Officer.

  2. Rooftops of Towers shall be designed with penthouses to accommodate mechanical penthouses, reduce the heat island effect, facilitate energy efficiency and contribute to a distinctive and unique Downtown skyline.  The design of the roof may include a combination of green roofs, solar panels, patios, and public or private open spaces.

  3. All minor mechanical equipment on a roof of any building shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building. 

  4. Wherever podium roofs are visible from existing adjacent developments, the development shall provide enhancements to improve rooftop aesthetics.  Enhancements may include patios, gardens, green roofs or additional Amenity Area.

  1. Building Façade, Materials, and Exterior Finishing

  1. Building façades shall incorporate architectural design details or features that recognize the predominant urban character of the street, as identified in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200.

  2. Building façades must be strongly articulated at regular increments to add variety, rhythm, and a human scaled dimension along the block face. 

  3. Building design and façades shall incorporate treatments such as awnings, canopies, window openings, reveals, offsets, multiple entrances, arcades, columns, quality materials, interesting design, fenestrations, double Height entrances, parks, plazas, appropriate landscaping, colour, and other architectural features.

  4. Buildings shall emphasize horizontal and vertical elements as well as finer grain elements including windows, balconies, shadow lines and textures to distinguish between residential and non-residential buildings.

  5. Building materials shall be sustainable, durable, high quality and appropriate for the development within the context of the Commercial Cultural Core district. The contextual fit, design, proportion, quality, texture and application of various finishing materials shall be to the satisfaction of the Development Officer.

  6. All exposed building facades shall have consistent and harmonious exterior finishing materials,

  7. Development shall be sensitive to the rhythm, articulation, design character, scale, façade and materials colours and textures of the block face.

  8. Weather and Environmental Influences

  1. Buildings and public spaces shall be designed with materials and forms to increase pedestrian comfort and the use of public streets and open spaces using design initiatives outlined in the policies on Winter City Design and Urban Design within the Capital City Downtown Plan, Bylaw 15200. 

  2. Developments shall provide protection from inclement weather such as canopies, awnings, sunshades overhangs or colonnades, designed to fit the character of the block or building.

  3. Awnings attached to the Kelly Ramsey façade shall have a traditional profile, made out of canvas, be fixed or retractable with a skirt (valance), be mounted between the piers which frame the storefronts, provide a minimum coverage of a 1.5 m from the wall, and shall be to the satisfaction of the Development Officer in consultation with the Heritage Officer.

  1. Exterior Lighting

  1. Decorative and security lighting shall be designed and finished in a manner consistent with the architectural theme of the development and will be provided to ensure a well-lit environment for pedestrians, and to accentuate architectural elements, roof tops and public art.

  2. Exterior lighting associated with the development shall be designed such that it has no negative impact on an adjacent property.

  3. Detailed exterior lighting plans may be required for major developments at the discretion of the Development Officer.

  4. Exterior lighting associated with the Kelly Ramsey facades shall be to the satisfaction of the Development Officer in consultation with the Heritage Officer.

4.2      Heritage

Development of the historically designated Kelly Ramsey facades shall be in accordance with the following regulations and to the satisfaction of the Development Officer and the Heritage Officer.

  1. The Kelly Ramsey facades are designated Municipal Historic Resources as per Bylaw 16441. Any redevelopment of the Kelly Ramsey facades must respect the historic character of the regulated portions, must not negatively impact the historic facades, and must conform with the requirements set out in Bylaw 16441.  Any development must also conform to the standards and Guidelines for the conservation of historic Places in Canada.

  2. Notwithstanding all subsets of section 4.1, the Kelly Ramsey facades shall conform to the requirements set out in Bylaw 16441.

  3. The ground floor of the Kelly Ramsey facades shall be period appropriate and compliment the designated heritage facades. Modifications or alterations to the storefronts must continue to convey the historic character of the facades.

  4. The Kelly Ramsey facades, to the extent outlined in Bylaw 16441, shall form the north, east, and south exterior of any development.

4.3     Sustainable and Green Targets

  1. The building shall be designed to meet the requirements of the Green Building Rating System LEEDTM, Canada NC 1.0, 2009, as amended, to achieve a minimum LEED Silver standard, 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 Silver standard score to provide for flexibility at the implementation stage. Upon submission of a Development Permit application, the applicant must submit a detailed report, endorsed by a registered professional engineer or architect, indicating how the LEED Silver points will be achieved upon construction competition. This report must be approved by the Development Officer prior to the issuance of the Development Permit.

  2. 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 LEED Silver as described in 4.3 (a).

4.4    Off-site Improvements as Public Amenities

  1. As a condition of any development permit, the owner shall enter into an Agreement with the City of Edmonton for off-site improvements to the public realm. Improvements to be addressed in the Servicing Agreement include:

  1. Repair of any damage to the abutting roadways, sidewalks and/or boulevards resulting from construction of the development, to the satisfaction of Transportation Services. The Site must be inspected by Transportation Services prior to the start of construction and once again when construction is complete;

  2. Replacement and possible enhancement of the public realm along 100 A Street NW and 101 Street NW directly abutting the site, as shown on Appendix 3 and shall include sidewalks and boulevard treatments specific to each of these streets shall be coordinated with the City of Edmonton and shall be provided to the satisfaction of the Development Officer. 

  3. Replacement and enhancement of the public realm along Block OT, Plan F directly abutting the site to the south, as shown on Appendix 3 shall be coordinated with the City of Edmonton and shall be provided to the satisfaction of the Development Officer. The minimum value of $250,000 over and above the replacement cost shall be provided for enhancements.

  4. Public realm as referenced in Section 4.4 (a)ii. and iii., shall include, but is not limited to: boulevard trees, pedestrian lighting, street furniture, and paving treatment.

  5. Improvements to the public realm shall be outlined in a detailed Landscape Plan. The detailed Landscape Plan shall include pavement materials, exterior lighting, sizes and species of plant materials, all off-site improvements, all existing and proposed utilities within the road right-of-way, and must be submitted by a registered Landscape Architect with the Development Permit application to the satisfaction of the Development Officer in consultation with the Transportation Services, Parks Planning, and the Heritage Officer.

  1. The owner shall enter into a Municipal Agreement with the City of Edmonton to design, construct and maintain the streetscape along 100 A Street, 101 Street and Block OT, Plan F directly abutting the site, as identified on Appendix 3.

4.5     Public Art

  1. As a condition of the Development Permit and prior to the issuance of the Occupancy Permit, the owner shall provide a Letter of Credit for the commission of public art to the minimum value of $200,000.

  2. The public art may be located on-site or off-site within the public realm as identified by 4.4 (a) ii., or 4.4 (a)iii.  Should the public art be located on-site, it must be visible from the public realm.