Bylaw 15317
January 18, 2010
To establish a Direct Development Control Provision to accommodate a medium and high density residential development with controls and regulations designed to create a livable ”urban village” environment and generate an improved sense of place and quality development through the use of urban design regulations. The intent for this area within the Eaux Claires Neighbourhood is to establish a distinctive architectural character and create a housing district of high and mid-rise apartments with the opportunity for commercial uses at grade that incorporates high quality architecture and urban design standards.
Lot 2, Block 95, Plan 0828915, containing 2.10 ha, more or less; located north of 157 Avenue, immediately south of 160 Avenue, east of 97 Street and west of 95 Street, Eaux Claires, shown on Schedule ”A” of the Bylaw adopting this Provision.
Apartment Housing
Stacked Row Housing
Row Housing
Boarding and Lodging Houses
Apartment Hotels
Extended Medical Treatment Services, limited to nursing homes
Child Care Services, only as an integral and secondary component of the high density residential development
General Retail Stores, only as an integral and secondary component of the high density residential development
Minor Home Based Business
Residential Sales Centre
Fascia On-premises Signs
Projecting On-premises Signs
Freestanding On-premises Signs, limited to project identification, building construction identification and real estate advertising signs of a limited duration
Temporary On-premises Signs
In order to achieve the General Purpose of this Direct Control Provision, objectives and related design guidelines for the comprehensive development of the site are provided, in addition to development regulations. The Development Officer shall have regard for these objectives and design guidelines in order to ensure that development is compact, of a high quality and integrates with the surrounding neighbourhood. Notwithstanding any of these objectives or design guidelines, the development criteria and the appendices to this Provision shall take precedence.
Building Height and Massing:
The development should provide a transition in building height and massing in relation to the surrounding neighbourhood with the greatest massing being oriented towards the west part of the site.
Perceived height and massing should be minimized through utilizing building setback variations at the upper levels, building orientation, roof treatment, and the choice of exterior materials and colours.
The northern, southern and western parts of the site shall permit developments up to a maximum height of 7 storeys.
The eastern parts of the site (i.e. within 50.0 m of the easterly property lines) shall permit developments up to a maximum height of 5 storeys.
Building façades should use compatible and harmonious exterior finishing materials that are aesthetically pleasing.
The finishing material shall be of high quality, durable and attractive in appearance. Acceptable materials include, but are not limited to, either separately and/or in combination of glass and glazed window wall systems, brick, stone, architectural concrete, pre-cast coloured concrete, stucco panels, or pre-finished metal.
Buildings shall incorporate distinctive architecture that contributes to establishing a unique sense of place and character.
Building colors should provide visual interest.
Mechanical equipment on the roof of any building should be concealed by incorporating it within the building roof, or by screening it in a way that is consistent with the character and finishing of the building.
Main building entrances for any use shall be designed for universal accessibility, level changes from the sidewalk to entrances of buildings shall be minimized, sidewalk furniture and other elements shall be located out of the travel path to ensure they are not obstacles to building access.
The upper two storeys of high rise buildings that are 6 storeys or higher shall step back from the lower levels of the tower portion of the building and provide distinctive shaping or sculpting of the roof line to contribute to a unique and interesting skyline.
Provide active and pedestrian inviting streetscapes at ground level.
Buildings should be designed with detail and articulation (which may include weather protection, window design, exterior finishing and lighting) to create an attractive and inviting streetscape.
Orient buildings so that they flank major circulation corridors (160 Avenue, 97 Street) rather than have them face corridors (i.e. internal roadways).
Buildings shall address all adjacent public and private roadways, other than Lanes, with individual entrances that are clearly visible to lend a sense of occupancy to the street. Buildings on corner Sites shall address both the street and avenue and shall distinguish the street intersection to give it prominence.
Where a Dwelling unit is provided at ground level abutting a public roadway, other than a Lane, the entrance to the unit shall have direct external access to the adjacent public sidewalk.
Blank walls of above grade vehicular Parking Garages shall not be developed adjacent to, or visible from, any public roadway.
Buildings shall be designed through their massing and location, to avoid adverse microclimatic effects such as wind tunnelling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-site. The Development Officer may require the submission of a Wind Impact Statement or Study, and/or a Sun Shadow Impact Study to determine that proposed development achieves these objectives.
Appropriate landscaping should be provided to enhance the architectural character of the building and fit within the context of the site.
Landscaping, both hard and soft, shall be used to tie developments together in this precinct.
Open space should feature high quality landscape architecture intended to make spaces comfortable and enjoyable including such features as trees, street furniture, public art and water features.
Coordinated and complementary streetscape enhancements should be applied through out the precinct, including street trees, fencing, pedestrian scaled lighting, street furniture and other amenities.
Landscaping should be used to highlight major circulation patterns, pedestrian pathways and the overall development.
Significant site landscaping is encouraged to soften the building form, and help mitigate impacts between residential and commercial uses. This landscaping treatment may include tree and shrub planting, water features, railings, curbs, low walls, fences, berms, walkways, amenity areas and public art.
Detailed landscaping plans shall be submitted and approved prior to or concurrent with the development permit applications.
The overall site development shall be in accordance with the urban design guidelines and criteria established herein. The Development Officer may allow for minor variance provided that consideration has been given to the objectives and design guidelines of this Provision, to visual impacts and the Eaux Claires Neighbourhood Structure Plan.
Prior to the issuance of any Development Permit on the site, the Development Officer, in consultation with Capital Health Authority and Alberta Environment, will require verification that the site has been remediated to residential criteria.
Prior to the issuance of any Development Permit, the Development Officer shall ensure that a signed agreement has been executed between the City and the Owner, that provides the City of Edmonton the option to purchase the affordable housing units at 85% of the list price; or alternatively the option for the City to be paid cash-in-lieu by the owner that is equivalent to the value of the 15% discount from the list price for the affordable housing units.
5% of the total number of units to be developed on this site shall be offered to the City of Edmonton as potential affordable housing units.
Affordable housing units shall have an external appearance and finishing shall be visually indistinguishable from market priced units.
Affordable housing units are to be dispersed or scattered throughout the project.
At least 50% of the affordable housing units shall be modest one bedroom units, with a floor area of 55 to 61 sq. m, and the balance of the units shall be modest two bedroom units, with a floor area of 65 to 71 sq. m.
The maximum number of Dwellings shall be 350;
The maximum Density shall be 166 Dwellings/ha;
The maximum Height shall not exceed 7 storeys nor 32.0 m;
A minimum yard of 4.5 m shall be provided from the property line to the north, south and west.
A minimum yard of 7.5 m shall be provided from the property line to the east.
A solid screen fence, 1.83 m in height, on top of a 1.0 m berm shall be installed along all property lines that abut a Site zoned to allow Single Detached Housing or Semi-detached Housing as a Permitted Use, except for common flanking Front Yard boundaries.
Separation Space shall be provided in accordance with Section 48 of this Bylaw.
Should the commercial uses be developed as an integral and secondary component of a high density residential building, the residential component shall have access at grade, separate from the access for the commercial premises.
General Retail Stores shall only be permitted in a residential development consisting of 5 storeys or more, and shall not be developed above the lowest Storey of a building.
A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided.
No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m of any property line that abuts a Site zoned to allow Single Detached or Semi-detached Housing as a Permitted Use.
Loading, storage and trash collection areas shall be oriented and screened from view from any residential development within the site and any adjacent sites or public roadways, in accordance with Section 55.4(4) of the Zoning Bylaw.
Design techniques including, but not limited to, the use of sloped roofs, variations in building Setbacks and articulation of building façades, shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and roadways.
Where Apartment Housing is to be developed directly adjacent to a site zoned to allow Single Detached or Semi-detached Housing as a Permitted Use, the maximum Building Height for the directly adjacent façade of such Apartment Housing shall not exceed 10.0 m nor 2 1/2 Storeys, except that such directly adjacent Apartment Housing may exceed this Height, to a maximum of 5 Storeys, provided that the portion of the building above 10.0 m or 2 1/2 Storeys is set back or stepped back by a minimum of 3 m from the façade such that the adjacent Single Detached or Semi-detached Housing shall not be adversely impacted by excessive building massing or sun/shadow effects.
Surface vehicular parking is encouraged to be located or oriented away from public roadways in order to support active streetscapes and a pedestrian environment. A maximum of 25 surface parking stalls will be permitted abutting 160 Avenue.
Vehicular access into the site shall be limited to 97 Street and 160 Avenue.
An access easement agreement is required across the lands legally described as Plan 6215V, Block 2, Lots 2-3 to allow for site access from 97 Street. The access easement agreement shall be completed prior to the issuance of the Development Permit.
The design of development shall foster urban safety and incorporate the "Crime Prevention through Environment Design (CPTED)" principles intended to promote a safer physical environment.
Signs shall comply with the regulations found in Schedule 59B. Portable Signs shall not be permitted.
A Comprehensive Sign Design Plan and Schedule, consistent with the overall intent of subsection 59.3 of the Zoning Bylaw, shall be prepared for the development and submitted, with the Development Application, to be approved by the Development Officer.
Movement and brightness of signage shall be designed to minimize light pollution and visual intrusion on surrounding residential properties.
Individual business identification signs located on the façades of buildings shall be similar in proportion, construction materials and placement. The design, scale and placement of signs shall be such that the signage does not detract from the overall appearance of the development and that the signage is not obtrusive, having regard to the scale of the buildings on the Site and to the distance of the building Setback.
All exterior lighting shall be designed such that all light is contained within the Area of Application, to be indirect from all angles of off site viewing, and not intrude into neighbouring residential area, and to incorporate design elements consistent with the architectural style for the Area of Application.
On-site security and building lighting must be situated and designed such that the illumination is directed downwards and no direct rays of light are directed outwards from the site into adjacent residential properties.
bb. The Development Officer may grant relaxations to this Direct Control Provision, if in his opinion, such a variance would be in keeping with the general purpose of this District and would not affect the amenities, use and enjoyment of the neighbouring properties.
cc. Vehicular and bicycle parking shall be developed in accordance with Section 54 of the Zoning Bylaw.
dd. No single General Retail Store shall exceed 3000 m2 of floor area.
ee. The maximum commercial floor area for the site overall shall not exceed 5000m2.
