Bylaw 18109
July 10, 2017
To accommodate the comprehensive, mixed-use, transit oriented urban village redevelopment of the Mill Woods Town Centre site around the Mill Woods LRT station and Transit Centre in keeping with the objectives outlined in the Mill Woods Station Area Redevelopment Plan.
In order to achieve the General Purpose of this Direct Control Provision, the following objectives for the comprehensive development of the entire site are provided in addition to development regulations:
Create a higher density, compact, mixed-use Transit Oriented Development (TOD) town centre, in line with the intent of the City of Edmonton Transit Oriented Development Guidelines.
Provide for a wide range of housing choice, shopping and employment opportunities, and public amenities.
Ensure TOD is appropriately located and scaled to fit the surrounding community while allowing for continuous functionality and transition of the existing facilities.
Improve the public realm and focus on enhanced place making.
Provide high quality open spaces that actively interface with adjacent buildings and roadways, and support and encourage pedestrian activity by enabling year-round use.
The Development Officer shall have regard for the objectives outlined in Section 2.a of this Direct Development Control Provision in order to ensure that development is compact, transit-oriented, of a high quality, and integrates with the surrounding neighbourhood. Notwithstanding any of these objectives, the Development Regulations and the Appendices to this Provision shall take precedence.
This Provision shall apply to Lot 3, Block 6, in Plan 0022000. The area is bounded by 28 Avenue NW to the north, Hewes Way NW to the east, 23 Avenue NW to the south, and 66 Street NW to the west.
This Provision establishes seven (7) Sub Areas (A – G) identified in Appendix 1: Mill Woods Town Centre Redevelopment Conceptual Site Plan.
Uses for Sub Areas A, B, C, D, E, F:
Apartment Housing
Apartment Hotels
Bars and Neighbourhood Pubs
Business Support Services
Casinos and Other Gaming Establishments
Child Care Services
Convenience Retail Stores
Creation and Production Establishments
Equipment Rentals
General Retail Stores
Government Services
Health Services
Household Repair Services
Live Work Unit
Lodging Houses
Media Studios
Major Alcohol Sales
Major Home Based Business
Minor Alcohol Sales
Minor Home Based Business
Non-Accessory Parking
Personal Service Shops
Private Clubs
Private Education Services
Professional, Financial, and Office Support Services
Residential Sales Centre
Restaurants
Row Housing
Secondhand Stores
Specialty Food Services
Stacked Row Housing
Urban Gardens
Urban Indoor Farms
Urban Outdoor Farms
Veterinary Services
Projecting On-premises Signs
Projecting Off-premises Signs
Fascia Off-premises Signs
Fascia On-premises Signs
Temporary Off-premises Signs
Temporary On-premises Signs
Additional Uses for Sub Area C
Drive-in Food Services, existing at the time of adoption of this Provision
Rapid Drive-through Vehicle Services, existing at the time of adoption of this Provision
Additional Uses for Sub Area D
Minor Impact Utility Services
Freestanding Off-premises Signs
Freestanding On-premises Signs
Additional Uses for Sub Areas E and F
Carnivals
Commercial Schools
Extended Medical Treatment Centre
Flea Market
Greenhouses, Plant Nurseries and Gardens Centres
Hotels
Indoor Participant Recreation Services
Major Amusement Establishments
Minor Amusement Establishments
Minor Impact Utility Services
Mobile Catering Food Services
Nightclubs
Pawn Stores
Public Education Services
Public Libraries and Cultural Exhibits
Religious Assembly
Spectator Entertainment Establishments
Warehouse Sales
Freestanding Off-premises Signs
Freestanding On-premises Signs
Additional Uses for Sub Area F
Automotive and Equipment Repair Shops
Drive-in Food Services
Gas Bars
Rapid Drive-through Vehicle Services
Recycled Materials Drop-off Centres
Major Digital Signs
Minor Digital On-premises Signs
Minor Digital On-premises Off-premises Signs
Uses for Sub Area G
Bars and Neighbourhood Pubs for less than 200 occupants and 240 m2 of Public Space
Carnivals
Flea Markets
Greenhouses, Plant Nurseries and Garden Centres
Mobile Catering Food Services
Outdoor Participant Recreation Services
Publicly Accessible Private Park
Restaurants
Specialty Food Services
Urban Gardens
Urban Indoor Farms
Urban Outdoor Farms
Fascia On-premises Signs
Projecting On-premises Signs
Temporary Off-premises Signs
Temporary On-premises Signs
For the purpose of this Direct Development Control Provision, the following terms shall apply:
East-West Bound Main Street: A privately owned publicly accessible road connecting the existing site accesses on 66 Street and Hewes Way.
North-South Bound Main Street: A privately owned publicly accessible road connecting the existing site accesses on 28 Avenue and the East-West Bound Main Street.
North-South Bound Esplanade Main Street: A privately owned publicly accessible road connecting the existing site accesses on 23 Avenue and the East-West Bound Main Street, and containing Sub Area G.
Local Street: A privately owned publicly accessible road connecting spaces and places across the Mill Woods Town Centre Site and to the public roads beyond.
Private Internal Roadways: means the East-West Bound Main Street, North-South Bound Main Street, North-South Bound Esplanade Main Street, and Local Streets.
Sub Area: means the area of land that is formed by surrounding Private Internal Roadways or public roadways on all sides in general conformance with Appendix 1. A Sub Area may be broken up into Blocks in general accordance with this Direct Development Control Provision.
Block: means the area of land that is formed by surrounding Private Internal Roadways or public roadways, Mid-Block Accessways, or Mews.
Mid-Block Accessway: A 4 m wide and free of vehicular access privately owned publicly accessible linkage that is provided to break up large Block areas and provide pedestrian/bike circulation between two streets.
Mews: A privately owned publicly accessible linkage that is provided to break up large Block areas and that is shared among pedestrians, bicyclists, and motor vehicles designed without a clear division between pedestrian and auto space, but where pedestrians have priority over vehicles and that provides a direct pathway between focal points and/or activities, or can service land uses oriented towards the interior of a Sub Area or Block. A Mews may include limited vehicle access for vehicle loading, drop-off and deliveries, on-site private parking facilities, and trash storage and collection, and shall be a minimum of 6 m wide to a maximum width of 10 m.
Publicly Accessible Private Open Spaces: means the pocket parks, linear parks, plazas, Mid-Block Accessways, and Mews.
Notwithstanding Zoning Bylaw Section 6.1(42), 6.1 (87), and 6.1 (97), if no Subdivision Plan is provided at the time of a Development Permit application, Setbacks are defined as follows in this Direct Development Control Provision:
Front Setback means the distance that a development or a specified portion of it, must be set back from:
where an abutting sidewalk of a publicly accessible private roadway begins (external edge of the frontage zone of the abutting sidewalk) as per Appendix 3, or
in the case of a corner development, where an abutting sidewalk of a publicly accessible private roadway begins (external edge of the frontage zone of the abutting sidewalk) as per Appendix 3, or where an abutting Publicly Accessible Private Open Space (as defined in a future easement agreement) begins as per Appendix 3.
Rear Setback means the distance that a development or a specified portion of it, must be set back from:
where an abutting Publicly Accessible Private Open Space (as defined in a future easement agreement) begins, or
in the case of a double fronting development, where an abutting sidewalk of a publicly accessible private roadway (external edge of the frontage zone of the abutting sidewalk).
Side Setback means the distance that a development or a specified portion of it, must be set back from the outermost side line of the Sub Area where the development is located.
Mixed Use means development that includes a mixture of different land uses such as: residential, commercial, institutional, recreational, and public spaces. In this Direct Development Control Provision, it generally refers to development where different uses are not only combined on the same site, area, or building, but also within a Sub Area.
Notwithstanding Section 6.1(36) of the Zoning Bylaw, Family Oriented Dwelling means a Dwelling suitable as a residence for a Household with children and meeting the following criteria:
the lowest Storey of the Dwelling is no higher than the sixth Storey of the building;
the Dwelling has two bedrooms or more, and the average number of bedrooms per Dwelling is not less than 2.25 for all such Dwellings in a development;
the Dwelling has individual and private access to Grade, except that in the case of Stacked Row Housing access to Dwellings above the first Storey may be shared by two Dwellings; and in the case of Apartment Housing, access to Dwellings above the first Storey may be shared, provided that entrances to not more than eight Dwellings are located on any one Storey or landing; and
The Dwelling has access to a communal outdoor Amenity Area, which may include courtyards, balconies, roof top patios/gardens, grade level display gardens or terraces, and grade separation of the location of the shared outdoor Amenity Area and the Dwelling is no greater than 7.0 m.
All names of City of Edmonton departments shall refer to those existing at the time of adoption of this provision, or their successor groups.
All City of Edmonton documents and Guidelines referred to in this provision shall also refer to their successor documents.
The Development Officer may vary building Setbacks and building Stepbacks, built form, Podium design, and the minimum distance between individual high-rise developments, provided consideration is given to:
the character of the built form;
the building’s visual, shadow and other microclimatic impacts on adjacent development;
the General Purpose of this Direct Development Control Provision; and
principles of Crime Prevention Through Environmental Design (CPTED).
Parking variances may be granted by the Development Officer if:
the owner can demonstrate, to the satisfaction of the Development Officer in consultation with City Planning, through the provision of a Parking Impact Assessment that the parking required is less than the minimum required by Section 54 of the Zoning Bylaw; and
the owner implements programs which reduce parking demand such as car share programs, carpooling, or universal transit passes to the satisfaction of the Development Officer in consultation with City Planning.
Private Internal Roadways used on a temporary basis for bus routes and/or pedestrian connections by Edmonton Transit Service shall remain privately owned. As a condition of Development Permit issuance, a public access easement agreement shall be registered to permit transit vehicles, and pedestrian usage until such time as the permanent Transit Center access is provided.
Development which fronts, abuts, backs, or is otherwise adjacent to the Transit Centre requires a minimum 40% of the building face towards the Transit Centre to be Active Non-Residential frontage, as described in 13.f (iv) of this regulation, in addition to those edges as described as Active Frontages in Appendix 1.
Prior to issuance of a development permit, the necessary easements and agreements for an interim walkway connection running from the LRT station, along the west edge of the professional building parking lot, to the Transit Center, shall be entered into and registered.
Existing auto oriented Uses such as Drive-in Food Services and Rapid Drive-through Vehicle Services, existing in Sub Area C at the time of adoption of this Provision, may continue as developed. Redevelopment to accommodate other new auto oriented businesses is limited to exterior / interior building alterations and minor Site changes that do not alter existing vehicle queuing and parking layouts.
The owner shall ensure that interim pedestrian and active modes connections are provided during construction, as well as Private Internal Roadways and walkways, to the satisfaction of Sustainable Development.
Existing buildings may be renovated, structurally altered, or rebuilt for the continuous functionality of the existing commercial Uses or for safety or routine maintenance of the buildings, with the exception of those in Sub Area C as shown in Appendix 1, which are subject to Section 8.a above.
General Development Regulations
Development shall be in general conformance with the Appendices to this Provision.
As per section 710.4 (5) of the Zoning Bylaw, all regulations in the Zoning Bylaw shall apply to this Direct Development Control Provision unless specifically excluded or modified in this Provision.
The Development Officer shall ensure that new development reflect the Mill Woods Station Area Redevelopment Plan and the regulations contained herein.
The Development Officer shall refer to the City of Edmonton Transit Oriented Development Guidelines to prescribe elements of the development that are neither described in this Direct Development Control Provision, nor in the Zoning Bylaw, nor the Mill Woods Station Area Plan.
The maximum number of Dwelling Units for the entire Site shall be 1750.
The maximum amount of Non-Residential Floor Area for the entire Site shall be 70,000 m2.
Notwithstanding Sections 9.a.iv and 9.a.v of this Direct Control Provision, Floor Area for Hotel development shall not be counted toward the total Floor Area for Non-Residential Uses and the number of Sleeping Units shall count toward total number of Dwelling Units for the Site.
The North-South Bound Main Street shall be developed in general conformance with the Appendix 3 (A-A).
The East-West Bound Main Street shall be developed in general conformance with the Appendix 3 (B-B and H-H).
The North-South Bound Esplanade Main Street shall be developed in general conformance with the Appendix 3 (C-C and G-G).
Local Streets shall be developed in general conformance with the Appendix 3 (D-D).
66 Street South shall be developed in general conformance with the Appendix 3 (E-E).
66 Street North shall be developed in general conformance with the Appendix 3 (F-F).
The street network and potential Publicly Accessible Private Open Spaces shown in any of the Appendices shall not prescribe their exact alignment or locations but rather illustrate the need for an interconnected mobility network.
At each stage of the development, the segments of roads as described in Section 9.a (viii-xiii) and Sub Area G of this Direct Control Provision, which are adjacent to and serve a Sub Area, shall be developed for the full frontage of the development, in general accordance with Appendices 1, 2, and 3, as a condition of a Development Permit, to the satisfaction of Sustainable Development.
For any Sub Area, the Maximum Front Setback, if not otherwise specified, shall be no more than an additional 25% of the prescribed Minimum Front Setback.
Building Heights, FAR and Setbacks per Sub Area
Minimum Floor Area Ratio (FAR) Requirement
The Minimum Floor Area Ratio for each Sub Area as described in Sections 9.b. (ii-vii) of this Direct Development Control Provision shall be evaluated at full build-out of a Sub Area and shall be interpreted to mean the numerical value of the total Floor Area of all buildings, as described in Section 6.1(39) of the Zoning Bylaw, within a Sub Area divided by the area of the Sub Area. Full build-out shall be determined by the Development Officer at their discretion.
Sub Area A
The maximum Height:
shall not exceed 10.5 m for the podium portion of the building.
shall not exceed 30.0 m for the combination of podium Height plus the tower Height.
The minimum Floor Area Ratio shall be 1.0.
The maximum Floor Area Ratio shall be 7.0.
Front Setback:
Where the ground floor of the development is designed for Residential Uses, the minimum Front Setback shall be 3.0 m.
Where the ground floor of the development is designed for Non-Residential Uses, the Front Setback shall be 0.0 m. An additional 1.5 m Front Setback may be allowed to accommodate pedestrian oriented use or activities.
The minimum Side Setback shall be 3.0 m.
The minimum Rear Setback shall be 2.5 m.
Sub Area B
The maximum Height:
shall not exceed 23.0 m for the combination of podium Height plus the tower Height.
The minimum Floor Area Ratio shall be 1.0.
The maximum Floor Area Ratio shall be 2.5.
Front Setback:
Where the ground floor is designed for Residential Uses, the minimum Front Setback shall be 3.0 m in accordance with Appendix 3 (D-D and E-E).
Where the ground floor of the development is designed for Non-Residential Uses, the Front Setback shall be 0.0 m. An additional 1.5 m Front Setback maybe allowed to accommodate pedestrian oriented activities in accordance with Appendix 3 (H-H).
Side Setback:
Where the ground floor is designed for Residential Uses, the minimum side Setback shall be 2.0 m with an additional 1.0 m for each Storey or partial Storey for developments above three Storeys in Height;
Where the ground floor of the development is designed for Non-Residential Uses, the minimum Side Setback shall be 0.0 m.
The minimum Rear Setback shall be 2.5 m.
Sub Area C
The maximum Height:
shall not exceed 20.0 m for the podium portion of the building.
shall not exceed 60.0 m for the combination of podium Height plus the tower Height.
The minimum Floor Area Ratio shall be 1.0.
The maximum Floor Area Ratio shall be 7.0.
Front Setback:
Where the ground floor is designed for Residential Uses and if fronting onto 66 Street or 28 Avenue the minimum Front Setback shall be 3.0 m in accordance with Appendix 3 (F-F).
Where the ground floor is designed for Residential Uses and if fronting onto the Future Transit Only Connection Area, or the Future Shared Transit & Vehicular Connection Area, the minimum Front Setback shall be 1.5 m, and the maximum Front Setback shall be 4.0 m.
Where the ground floor of the development is designed for Non-Residential Uses fronting onto the North-South Bound Main Street or the East-West Bound Main Street the Front Setback shall be 0.0 m. An additional 1.5 m Front Setback may be allowed to accommodate pedestrian oriented uses or activities in accordance with Appendix 3 (A-A and B-B).
The minimum Side Setback shall be
1.5 m if flanking onto Future Transit Only Connection Area, or the Future Shared Transit & Vehicular Connection Area, or
3.0 m if flanking onto 66 Street, 28 Avenue, or a Local Street.
The minimum Rear Setback shall be 2.5 m.
Sub Area D
The maximum Height:
shall not exceed 20.0 m for the podium portion of the building.
shall not exceed 60.0 m for the combination of podium Height plus the tower Height.
The minimum Floor Area Ratio shall be 1.0.
The maximum Floor Area Ratio shall be 7.0.
Front Setback:
Where the ground floor of the development fronts onto 28 Avenue the minimum Front Setback shall be 1.5 m.
Where the ground floor of the development fronts on to the ETS Transit Centre, the minimum Front Setback shall be 1.5 m and the maximum Front Setback shall be 4.0 m.
Where the ground floor of the development fronts onto the North-South Bound Main Street, the East-West Bound Main Street, the Future ETS Walkway Connection, or Hewes Way the Front Setback shall be 0.0 m. An additional 1.5 m Front Setback may be allowed to accommodate pedestrian oriented uses or activities in accordance with Appendix 3 (A-A and B-B).
The minimum Side Setback shall be 1.5 m. A Rear Setback shall not be required, except for where the development is adjacent to the ETS Transit Centre, where a minimum 1.5 m Rear Setback is required.
Sub Area E
The maximum Height
shall not exceed 10.5 m for the podium portion of the building in general accordance with Appendix 3 (B-B and C-C).
shall not exceed 23.0 m for the combination of podium Height plus the tower Height.
The minimum Floor Area Ratio shall be 1.0.
The maximum Floor Area Ratio shall be 3.5.
Front Setback:
Where the ground floor is designed for Residential Uses, the minimum Front Setback shall be 3.0 m in accordance with Appendix 3 (D-D).
Where the ground floor of the development is designed for Non-Residential Uses fronting onto the North-South Bound Main Street, the East-West Bound Main Street, or the North-South Bound Esplanade the Front Setback shall be 0.0 m. An additional 1.5 m Front Setback may be allowed to accommodate pedestrian oriented activities in accordance with Appendix 3 (A-A, B-B, C-C, and G-G).
The minimum Side Setback shall be:
3.0 m if flanking onto a Local Street, or
0.0 m if flanking onto a Publicly Accessible Private Open Space.
The minimum Rear Setback shall be 2.5 m.
Sub Area F
The maximum Height
shall not exceed 23.0 m for the combination of podium Height plus the tower Height.
A Podium is not required for buildings along the street segment as described in Appendix 3 (G-G)
The minimum Floor Area Ratio shall be 0.5.
The maximum Floor Area Ratio shall be 3.5.
Front Setback:
Where the ground floor is designed for Residential Uses, the minimum Front Setback shall be 3.0 m in accordance with Appendix 3 (D-D).
Where the ground floor of the development is designed for Non-Residential Uses and if fronting onto the North-South Bound Esplanade, the Front Setback shall be 0.0 m. An additional 1.5 m Front Setback may be allowed to accommodate pedestrian oriented uses or activities in accordance with Appendix 3 (C-C and G-G).
Where the ground floor of the development is designed for Non-Residential Uses and if fronting onto 23 Avenue, the Front Setback shall be 3.0 m.
The minimum Side Setback shall be:
3.0 m if flanking onto a Local Street or Hewes Way, or
0.0 m if flanking onto a Publicly Accessible Private Open Space.
The minimum Rear Setback shall be 2.5 m.
Sub Area G
The maximum Height shall not exceed 4.0 m.
The maximum Floor Area Ratio shall be 0.25.
The minimum Front Setback shall be 1.5 m.
The minimum Side Setback shall be 1.5 m.
A Rear Setback shall not be required.
Supplementary Setback Regulations
Additional Setbacks may be allowed for developments on corners to create architecturally interesting entranceways for the building and to provide additional open space at the intersection.
For non-residential developments where the ground floor is designed to accommodate Live Work Units, an additional 1.5 m Front Setback may be permitted for landscaping and architectural features.
Overhangs shall be permitted within the space of the Setback where the ground floor is designed for Commercial or Institutional Uses.
Side setbacks may not be required at the discretion of the Development Officer where the side walls of adjacent buildings face each other and windows of habitable rooms are not located directly opposite each other, such that privacy is not impacted.
Sub Area Site Plan
In addition to the requirements of Section 13.2 of the Zoning Bylaw, every application for a Development Permit shall include a Sub Area Plan, drawn at a scale of 1:1000 or larger, which clearly identifies the following:
The Direct Development Control Provision plan boundary of the entire Site as illustrated in the Appendix 1;
The Sub Area where the subject application is located with the adjacent road right-of-way that defines the boundary of the Sub Area;
Boundary dimensions and Site Area for the Sub Area;
Setbacks of the subject application in relation to the proposed Sub Area boundary; and
Existing and proposed buildings and Publicly Accessible Private Open Spaces in the Sub Area if applicable.
Amenity Areas
A minimum Amenity Area of 7.5 m2 per Dwelling Unit shall be provided except if the Dwelling is a Family-Oriented Dwelling as defined in Section 5.a.xiii of this Direct Development Control Provision.
Amenity Areas may include courtyards, balconies, roof top patios or gardens, grade level display gardens, and terraces.
Notwithstanding Section 46 of the Zoning Bylaw, Balconies or Platform Structures with a minimum depth of 1.5 m may be used to satisfy the required Amenity Area dimensions.
Amenity Areas may be located within a required Separation Space, but only if it is intended for the private use of the Dwelling for which the Separation Space is provided.
Indoor Amenity Areas shall be exempted from Floor Area Ratio calculations.
Vehicular Circulation, Parking and Servicing
All Private Internal Roadways and Publicly Accessible Private Open Spaces may remain privately owned at the discretion of the owner, except for roads and walkways permanently required by Edmonton Transit Services for transit vehicle utilization and pedestrian connections.
Notwithstanding Section 53 of the Zoning Bylaw, vehicle access or egress from parking areas shall be off of a Local Street, Lane, the North-South Bound Main Street, Hewes Way, or a Publicly Accessible Private Open Space, to the satisfaction of Sustainable Development.
Vehicular parking shall be provided as per Section 54.2 of the Zoning Bylaw, except that reduced vehicular parking requirements of the Zoning Bylaw that relate to Transit Oriented Development adjacent to an LRT stop and Transit Centre shall apply throughout the entire Site.
All parking developed within Sub Areas C and D, as shown in Appendix 1, shall only be developed underground, or above grade within parking structures wrapped with Active Uses at ground level where abutting any streets as described in Appendix 2 and 3 and any public road including 28 Avenue and 66 Street.
Parking for Residential Uses shall be accommodated underground, or above grade within parking structures, except that parking for Row Housing, Stacked Row Housing, and Residential Related Uses may be provided on the surface at grade when located to the rear of buildings.
Where parking structures are permitted, these shall be located in a manner to not abut the East-West Bound Main Street and the North-South Bound Esplanade and be wrapped with Active Uses on the ground floor.
The portion of Parking Structures above grade and not wrapped with Active uses shall be screened from view with architectural elements or screens, artistic or stylized glass and/or other materials, artistic lighting, living walls, and/or other methods which disguise the Parking Structure, to the satisfaction of the Development Officer in consultation with City Planning.
Visitor parking and Commercial parking may be at grade. Surface at grade parking areas shall be located on Local Streets or to the rear and sides of buildings, and shall not front or abut the North-South Bound Esplanade Main Street.
Surface Parking at grade abutting Local Streets shall comply with the following criteria to the satisfaction of the Development Officer:
where feasible, minimize the frontage abutting the Local Street; and
be adequately screened with landscaping or other design elements, to the satisfaction of the Development Officer.
Driveway ramps for underground parking structures shall be at grade at the external edge of the furnishing zone of the abutting sidewalk and must comply with the City of Edmonton specific guidelines to the satisfaction of the Development Officer in consultation with City Planning.
Entrances to Parking Garages shall be directed, wherever feasible, away from the East-West Bound Main Street and the North-South Bound Esplanade, to Local Streets.
Entrances to Parking Garages shall minimize the physical and visual impact of the entrances and doors to the street, lane, or other publicly-accessible areas adjacent, to the satisfaction of the Development Officer.
Bicycle parking shall be as per Section 54.3 of the Zoning Bylaw. Bicycle racks shall be provided on site at a ratio of 1 space for every 15 vehicular parking spaces or portion thereof.
Bicycle Parking for Residential Uses shall be provided within a secure enclosed area of the buildings that is easily accessible to cyclists via access ramps, or a route through the buildings which facilitates easy and efficient transportation of bicycles, per Section 54.3 of the Zoning Bylaw.
Loading, Storage and Trash Collection
Loading and storage areas shall be located to the rear of buildings and shall be screened from adjacent views in accordance with Section 55 of the Zoning Bylaw.
Garbage collection and storage shall be located within parking structures or buildings and if at grade shall be located and screened from view of adjacent residential developments. Secured gates and/or doors shall be required.
The waste collection area shall be designed to the satisfaction of the Development Officer, in consultation with Waste Management Services and City Planning.
Signage
Notwithstanding Section 710.4.4 of the Zoning Bylaw, Signs shall comply with the regulations found in Schedule 59F of the Zoning Bylaw and in accordance with the following regulations herein:
Notwithstanding Schedule 59F of the Zoning Bylaw, Roof Off-premises Signs, Roof On-premises Signs, and Minor Digital Off-premises Signs shall not be allowed;
Minor Digital On-premises Signs, Minor Digital On-premises Off-premises Signs, and Minor Digital Signs shall only be allowed in Sub Area F; and
Freestanding On-premises Signs and Freestanding Off-premises Signs shall only be allowed in Sub Area F, and in Sub Areas D and E abutting Hewes Way.
At each stage of the development, a Comprehensive Sign Design Plan, consistent with the overall intent of Subsection 59.3 of the Zoning Bylaw, shall be prepared for the development and submitted with the Development Permit Application to the satisfaction of the Development Officer.
Landscaping
At each stage of the development, a detailed Landscape Plan, including all existing and proposed utilities within the public and private road right-of-way must be submitted for review and approval by the City of Edmonton, prior to the issuance of any Development Permit.
In addition to meeting the requirements of Section 55.3 of the Zoning Bylaw the detailed Landscape Plan submitted with the Development Permit application shall:
present a plant material palette that provides a variety of colors and textures to create seasonal interest particularly during the winter months;
consider the placement of coniferous planting in outdoor gathering spaces to block wind while having regard for Section 58 of the Zoning Bylaw;
place deciduous trees in a manner to provide shade in the summer and allow sunlight in the winter (Mill Woods Station ARP Section 4.3.2 Policy 7);
where feasible, consider incorporating edible landscaping to the plant material palette (Mill Woods Station ARP Section 4.3.1 policy 6);
where feasible, consider incorporating naturalized landscaping;
include details of pavement materials, exterior lighting location, art, and other landscape elements as applicable, taking into consideration the functionality of the Site;
show street trees at a minimum spacing of 10 m which are required on all Streets, Mews, and Mid-Block Accessways as generally shown in Appendices 2 and 3, to the satisfaction of Sustainable Development;
where feasible, consider incorporating Low Impact Development (LID), such as rain gardens, bioretention, bioswales, green roofs, and permeable pavement, to increase the environmental sustainability of the area. Sustainable Development may, at their discretion, provide consideration for use of these features towards the fulfillment of a development’s stormwater management requirements;
where applicable, include a cross-section depicting a Mews, to the satisfaction of the Development Officer in consultation with City Planning;
where applicable, include the design of pedestrian infrastructure, such as the required spacing of protected pedestrian crossing points along the North-South Bound Esplanade Main Street in and accessing Sub Area G, to the satisfaction of City Planning; and
show pedestrian scale lighting, which is required for all Publicly Accessible Private Open Spaces, pedestrian sidewalks, walkways, Lanes, Mews, streets, Main Streets, and other publicly accessible spaces to the satisfaction of the Development Officer in consultation with of City Planning.
In order to determine which existing trees should be preserved and protected during construction, an inventory, evaluation and valuation of the existing trees located within a proposed area of development shall be undertaken by a certified arborist at the time of the Development Permit application submission as part of the detailed Landscape Plan.
Additional Development Regulations for Specific Uses
Notwithstanding Section 92 of the Zoning Bylaw, Live Work Units shall comply with the following:
Live Work Units shall have individual front entrances to the street.
Live Work Units shall only be permitted where they front onto a public or private roadway, a Publicly Accessible Private Park, or Publicly Accessible Private Open Space.
Gas bars shall not be located directly adjacent to nor take access to the North-South Bound Main Street, the East-West Bound Main Street, or the North-South Bound Esplanade Main Street (as shown in Appendix 1), in addition to the requirements of Section 72 of the Zoning Bylaw.
Drive-through service windows shall be oriented away from the Front Yard and placed, wherever possible, at the rear of the building, to the satisfaction of the Development Officer.
The following regulations shall apply to Automotive and Equipment Repair Shops developments:
Service Bays for Automotive and Equipment Repair Shops shall not front on to the North-South Bound Esplanade Main Street or any Main Street or Local Street as identified in Appendix 1 and 2;
All activities and mechanical equipment associated with Automotive and Equipment Repair Shops shall be located within an enclosed building designed to service vehicles with a maximum gross vehicle weight of 4,600 kg; and
Where feasible, Automotive and Equipment Repair Shops shall be designed as integral components of buildings accommodating other uses, rather than as standalone structures.
Non-Accessory Parking shall adhere to the following location and development criteria:
Be permitted only in wrapped structures or underground in Sub Areas C and D, having regard to Section 54.7 of the Zoning Bylaw; and
At grade Non-Accessory Parking shall not be permitted in any location within 200 m of the ETS Transit Centre in Sub Area D, or the Mill Woods LRT stop.
As a condition of a Development Permit for Sub Areas B, C, or E falling within 50 m of the existing Co-op Gas Bar site, and Sub Area E or F falling within 50 m of the existing Canadian Tire automotive bays site, and prior to the release of drawings for Building Permit review, the applicant or owner shall provide proof satisfactory to the Development Officer in consultation with Environmental Planning and City Planning that, if necessary, the lands have been remediated to a level suitable for the allowable uses. The Development Officer shall not release the Development Permit for the purposes of a Building Permit, until this condition has been adequately satisfied.
At each stage of the development and prior to the release of drawings for building permit review, the Development Officer shall ensure that a signed agreement has been executed between The City of Edmonton and the owner, requiring the owner to provide The City of Edmonton, at the time of Development Permit approval, the option to purchase 5% of the proposed number of residential units (rounded to the nearest unit) at 85 percent of market value, or the equivalent value as cash-in-lieu to The City of Edmonton.
The design and implementation of the development shall apply techniques as described in Appendix 4 to reduce the consumption of water, energy, and materials, consistent with best practices in sustainable design. Upon submission of a Development Permit application, the owner shall submit a detailed report, endorsed by a registered professional engineer or architect, indicating how the Sustainable Practices and Targets will be achieved upon construction completion. Should a particular target become unfeasible to achieve, the report shall provide alternative targets to the satisfaction of the Development Officer.
General Design Regulation
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 Impact Study and Wind Impact Study.
Crime Prevention Through Environmental Design (CPTED) principles shall be used to design public and private spaces and facilities, focusing on natural surveillance and access control.
Lighting shall be oriented towards the pedestrian to create an invitation and sense of warmth and safety in accordance with the Mill Woods Station ARP Section 4.5.1 Policy 6. A detailed exterior lighting plan shall be prepared for the portion of the Site being developed to create a safe lit environment.
Design all buildings to be universally accessible to persons in wheelchairs, motorized scooters, and strollers.
Block Pattern
The Site shall adopt a small Block pattern resulting from the street network envisioned in the Mill Woods Station ARP (ARP Sections 4.2.2 – 4.2.4) to provide for a safe and pleasant environment that encourages walking and bicycle movement.
Section 13.b.i of this Direct Control Provision shall be implemented at the time of Development Permit or subdivision application as follows:
Sub Areas as shown in Appendix 1 shall be further broken down into Blocks to provide for a safe and pleasant environment that encourages walking and bicycle movement.
All Block faces greater than 100 m shall be broken up by a Mid-Block Accessway or a Mews.
The Mid-Block Accessway or Mews will be used to either connect focal points and/or activities or Uses oriented towards the interior of the block.
Street Network
Private Internal Roadways shall be generally in accordance with Appendix 1, Appendix 2, and Appendix 3, and shall:
where appropriate, incorporate pedestrian oriented signage and landscaping as part of the streetscape design (Mill Woods Station ARP Section 4.5.1 Policy 8);
where feasible and appropriate, incorporate public art, including lighting, in the pedestrian realm as part of the streetscape design (Mill Woods Station ARP Section 4.5.1 Policy 9);
where appropriate, incorporate street furniture, including benches, garbage bins, and recycling bins as part of the streetscape design (Mill Woods Station Section ARP 4.5.1 Policy 7) to the satisfaction of the Development Officer.
Open Spaces
Publicly Accessible Private Open Spaces, such as pocket parks, linear parks, plazas, Mid-Block Accessways, and Mews shall be provided at a minimum total of 500 m2 per hectare in Sub Areas E and F. In Sub Areas A, B, C, and D the provision of Open Spaces shall be at the discretion of the owner.
Sub Area G shall be developed as a Publicly Accessible Private Park. Sub Area G is to be owned, managed, and programmed by the owner to provide active and passive recreational opportunities for people of all ages, during all seasons and hours of the day.
The exact locations of the Publicly Accessible Private Open Spaces shall be determined at the time of Development Permit or subdivision application, to the satisfaction of the Development Officer.
Publicly Accessible Private Open Spaces shall be designed with consideration to the Winter City Design Guidelines, to the satisfaction of the Development Officer.
Pedestrian Connectivity
Mews, Mid-Block Accessways, and pedestrian connections shall enhance the North-South connections through the site, and the connections between Sub Area E and Sub Area G. Pedestrian connections from Sub Area E to Sub Area G shall be provided at frequent intervals and align with Mews, Mid-Block Accessways, and pedestrian connections which run through Sub Area E.
Mews, Mid-Block Accessways, and pedestrian connections shall provide for easy and safe movement for transit riders between the Mill Woods LRT station and the Transit Centre.
Mews shall employ various design elements such as traffic calming, signage, pavement markings, intersection treatments, traffic reduction strategies, and prioritization of cyclists and pedestrians to the satisfaction of the Development Officer.
Development of Sub Area D shall consider implementing a Mid-Block Accessway or pedestrian connection to extend the Future ETS Walkway Connection (shown on Appendix 1) through to the south portion of Sub Area D to connect to the East-West Main Street.
Pedestrian crossings shall improve safety and connectivity through the Site and Sub Area and to the adjacent neighbourhoods and parks (Mill Woods Station ARP Section 4.2.2 (8)).
Pedestrian crossings shall be in general accordance with the following design criteria:
Curb extensions with bollards shall be provided at intersections and mid of blocks where appropriate and as per the City of Edmonton Transit Oriented Development Guidelines, Section: Public Realm Guidelines – Roadway, to the satisfaction of the Development Officer.
Curb extension radius dimensions should be compatible with street cleaning vehicle turning ability. A radius of 4.5 m allows street cleaning vehicles to turn all inside and outside corners of curb extensions as per the City of Edmonton Complete Street Guidelines.
Decorative paving, stamping, or patterned concrete/brick shall be used to identify pedestrian crossings.
Traffic calming strategies, such as raised crosswalks at pedestrian intersections, shall be implemented to the satisfaction of the Development Officer.
Within at grade parking lots, the following are required:
Pedestrian connections shall be established through the utilization of clearly demarcated walkways, lighting, and signage systems to reduce vehicle conflict with pedestrians and create a pedestrian-friendly design, to the satisfaction of the Development Officer.
Pedestrian walkways bisecting surface parking lots shall be a minimum of 2.0 m in clear width, with bollards or other physical barriers to protect pedestrians from parked vehicles overhanging in to the walkway beyond the 2.0 m width. These walkways should be provided to connect destinations along major desire lines.
Street Interface
Buildings adjacent to the North-South Bound Main Street, the East-West Bound Main Street, the North-South Bound Esplanade Main Street, and Hewes Way, shall be oriented to those streets and form a continuous street frontage.
All building facades fronting onto the North-South Bound Main Street, the East-West Bound Main Street, the North-South Bound Esplanade Main Street, and Hewes Way (abutting Sub Area D) shall have Active Frontages as indicated in Appendix 1.
Active Residential Frontages shall:
Provide ground floor Dwelling Units that have individual front entrances to public streets, Private Internal Roadways, or Publicly Accessible Private Open Spaces;
Feature direct entrances and windows fronting onto public streets, Private Internal Roadways, or Publicly Accessible Private Open Spaces;
Include such features as porches, staircases, stoops, semi-private outdoor areas, or landscaped yards; and
Be designed such that the Setback area in front each ground floor Dwelling establishes a transition area from the street or roadway which may include design features such as a maximum change from Grade of 0.5 m to the entrance, Landscaping such as shrub or tree beds, different paving materials, and/or decorative fencing or screening.
Active Non-Residential Frontages shall:
Feature building entrances and windows fronting onto public streets, Private Internal Roadways, Publicly Accessible Private Open Spaces, or the Transit Centre. In mixed-use buildings, commercial uses shall have a separate access from the residential uses.
Provide a minimum of 70% of the building facade as transparent, non-reflective, untinted, and unobscured glazing for all Non-Residential Uses located at the ground floor, where fronting on the North-South Bound Main Street, the East-West Bound Main Street, the North-South Bound Esplanade Main Street, Hewes Way, and the ETS Transit Centre. The glazing portion of the Façade shall extend vertically from a maximum of 0.5 m above grade to a minimum of 2.5 m above grade.
Provide weather protection in the form of a canopy or other architectural element above entrances to create a comfortable environment for pedestrians.
Provide entrances and doors unlocked and unrestricted to public access during all regular hours of operation of the establishment or tenant.
In addition to Section 13.f.iv of this Provision, large Non-Residential Frontages shall:
Be directed away from main ̻floor frontages to above grade, below grade, or interior site locations to allow for small bays at grade which animate the public realm.
Be designed as distinctly articulated modules of 7 to 10 m. Where feasible, each module or frontage shall include a functional and accessible doorway.
Vary the building mass, select and apply materials, texture, and composition in order to be perceived by pedestrians at walking speeds.
Incorporate warm materials and colours, and the careful integration of lighting, to encourage pedestrian activity within a four-season context.
Street Wall
To create a pedestrian friendly environment through a street wall effect, buildings must provide a street frontage defined by an angular plane calculated based on the current roads right-of-way provided in the street cross-sections according to Appendix 3. The angular plane shall be taken from the outside edge such as furnishing zone or curb line, as applicable, of the sidewalk across the street in general accordance with the following criteria:
when the edge of the development faces the North-South Bound Main Street or the East-West Bound Main Street the angular plane shall be between 10 to 15 degrees;
when the edge of the development faces the North-South Bound Esplanade, the angular plane shall be between 20 to 25 degrees; and
when the edge of the development faces a Local Street, the angular plane shall be between 15 to 20 degrees.
The portion of the building built to these heights as prescribed in Section 13.g (i) must extend to a minimum depth of 10 m as measured from the front of the building so as to prevent the use of false frontages.
Built Form
Any development with a Floor Area greater than 3,000 m2 or a single wall length greater than 25.0 m visible from a publicly accessible street or Publicly Accessible Private Open Spaces, shall comply with the following criteria:
the roof line and building Façade shall include design elements that reduce the perceived mass of the building and add architectural interest; and
Landscaping adjacent to exterior walls shall be used to minimize the perceived mass of the building and to create visual interest.
Buildings, Towers, and Landscaping elements along the North-South Bound Esplanade Main Street shall be designed and oriented in a way that allows a clear sight line extending from 23 Avenue to the Esplanade (Sub Area G) and further to the East-West Bound Main Street to promote visual connectivity.
Buildings taller than 23.0 m shall be comprised of three distinct vertical sections: Podium, Tower, and Tower Top. The distinct nature of the three vertical sections shall be integrated both through Stepbacks in the building mass, and/or through the architectural treatment of the façades as follows:
Podium:
The podium portion of buildings shall be developed to give pedestrians a perception of a human-scaled building edge through variation in setbacks, building articulation, or through the architectural treatment of the facades.
Tower
The Tower portion of buildings shall employ Stepbacks, and/or tower spacing, and/or sculpting to reduce building mass and augment views, light, and privacy.
The Tower portion of buildings shall Stepback from the podium a minimum of 3.0 m; notwithstanding, up to ⅓ of a Tower ̻floorplate may extend straight to the ground plane, provided adequate wind protection is achieved at building entrances.
The Tower portion of buildings shall be differentiated from the Podium, but should reinforce the design details, and/or materials, and/or architectural expression from the Podium.
Towers shall be designed and oriented in a way that allows sunlight to reach street level and preserves views to the open spaces.
The minimum distance between the Tower portions of buildings shall be 20.0 m when windows of habitable rooms are facing to each other with a direct sight line.
Tower Top
The Tower Top shall be of high aesthetic quality and consistent in concept, detail, and material with the tower and podium, but appear as a distinct design element that creates visual interest and a clear conclusion to the design of the tower.
The maximum floorplate for a Tower portion of a building, being any of the portion of a building above 23.0 m in height, shall be 1000 m2.
Buildings shall be oriented towards public and private streets. The Rear of a building shall not be exposed to a public street, including 66 Street NW, 23 Avenue NW, Hewes Way NW, 28 Avenue NW, and the ETS Transit Centre.
Architectural Treatment
In order to improve architectural interest and create a pedestrian-friendly environment for all seasons, design techniques such as entrance features, variation in rooflines, use of different exterior finishing materials, textures, claddings, or articulation of building Façades, or varied architectural designs shall be used on all Façades facing a public road or publicly accessible street.
Building corners shall be distinguished from the rest of the Facade to enhance the block corners using methods such as variation in entrance features, curved Façade, or other architectural articulation.
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 framework.
The design of rooftops visible from other buildings shall be carefully considered. Where feasible, Green Roofs and Rooftop Terraces shall be provided to improve rooftop aesthetics and to provide additional amenity space.
Exterior building materials must be sustainable, durable, high quality, and appropriate for the development. The use of vinyl or stucco as finishing materials shall not be permitted.
Creative building lighting shall be encouraged to enhance visibility, aesthetics, and safety for building users and pedestrians, without causing light pollution.
At the time a Development Permit that includes Sub Area G is submitted and prior to the issuance of said Development Permit, the owner shall register a public access easement for Sub Area G to the satisfaction of the Development Officer.
At each stage of the development and prior to the issuance of a Development Permit, the owner shall register a public access easement guaranteeing 24 hour access for all Private Internal Roadways and Publicly Accessible Private Open Spaces pertaining to that application to the satisfaction of the Development Officer.
After the opening of the Mill Woods LRT Station, an updated Traffic Impact Assessment may be required at the time of a Development Permit application by and to the satisfaction of the Development Officer in consultation with City Planning.
Detailed storm water management and sanitary servicing requirements shall be determined at the time of subdivision or Development Permit application. The owner shall be responsible for providing any required studies and designs at their cost. New services required to service the development shall be at the owner's cost.
At each stage of the development and prior to the issuance of a Development Permit, the owner shall enter into a servicing agreement, to the satisfaction of the Development Officer, for all publicly accessible private open space improvements.
Notwithstanding Section 14.2.1 of the Zoning Bylaw, a Wind Impact Statement or Wind Impact Study, or both, may be required to be submitted for a proposed development having a Height greater than 23.0 m, to the satisfaction of the Development Officer.
In addition to the requirements of Section 14.2.4 of the Zoning Bylaw, the Development Officer may request the Wind Impact Study to provide recommendations to whether an analysis of cumulative wind impacts is warranted.
Notwithstanding Section 14.3.1 of the Zoning Bylaw a Sun Shadow Impact Study may be required to be submitted for proposed development having Height greater than 23.0 m, to the satisfaction of the Development Officer. The Sun Shadow Study must indicate the impact on communal amenity areas and/or publicly accessible private open spaces in the vicinity of the subject development, as well as public areas or streets, and adjacent sites. The Development Officer shall review any proposed community amenity areas and/or Publicly Accessible Private Open Spaces with regards to the shadow impacts demonstrated in the Sun Shadow Study.
In addition to Section 58 of the Zoning Bylaw, the required Crime Prevention Through Environmental Design (CPTED) Assessment shall specify areas of non-compliance of the proposed development plans with CPTED principles, and solutions to the issues identified. The Development Officer may include recommendations of the CPTED Assessment that, in the Development Officer’s opinion, have implications for land use impacts including, but not limited to exterior illumination, landscaping, screening, signs, and access as conditions of the Development Permit. The Development Officer may confer with the Edmonton Police Service as the authority on CPTED practice. The Development Officer may apply or amend items at their discretion to comply with CPTED.
At the time of issuance of the first Development Permit the owner shall provide for the off-site, 3.0 m Shared-Use Path connection on the west side of 66 Street NW to connect from the signalized intersection to the existing pathway system in Mill Woods Park, as shown in Appendix 5.
At the time of issuance of a Development Permit in either Sub Area A or B, the owner shall provide for the entire 3.0 m Shared Use Path on the east side of 66 Street NW, as shown in Appendix 5.