Bylaw 15789
August 29, 2011
Charter Bylaw 19719
June 23, 2021
The site is bounded by 97 Avenue to the north, 104 Street to the east, 96 Avenue to the south, and 105 Street to the west, designated as Area D and shown on Appendix I - Area D.
To accommodate predominately high density residential mixed use development with Live Work uses located at the ground level that supports that creation of a liveable “urban village” environment.
Muli-unit Housing, limited to apartment housing
Lodging Houses
Business Support Services
Child Care Services
Convenience Retail Stores
General Retail Stores
Health Services
Indoor Participant Recreation Services
Live Work Unit
Liquor Stores, limited to 275 m2 in floor area
Minor Home Based Business
Personal Service Shops
Professional, Financial, and Office Support Services, excluding call centre services, any drive through operation, loan offices and similar financial uses
Residential Sales Centre, limited to the sale of onsite residential dwelling units and leasing of commercial premises
Restaurants, excluding any accessory drive through pick up services
Specialty Food Services, excluding any accessory drive through pick up services
Fascia On-premises Signs
Temporary Freestanding On premises Signs, limited to project identification, building construction identification and real estate advertising signs during construction and initial sale excluding portable signs.
Projecting On-premises Signs
The overall Site development shall be in general accordance with the urban design regulations of this Provision and in the West Rossdale Urban Design Plan for Area D.
The maximum Floor Area Ratio of Area D shall be 3.5.
The maximum Density shall be 545 Dwellings/ha.
The Height of mid rise buildings shall be a minimum of 4 Storeys and 16 m and shall not exceed 6 storeys nor 24 m except for mid rise buildings adjacent to 96 Avenue which shall have a minimum Height of 4 storeys and 18 m, and shall not exceed 6 storeys nor 26 m in Height.
Area D shall have a maximum of two high rise buildings. The maximum permitted Height for these high rise buildings shall not exceed 12 storeys nor 45 m and the minimum Height shall be 8 storeys and 32 m. These high rise buildings shall front onto 97 Avenue as illustrated in Appendix I - Area D.
Front building Setbacks from the property line shall be as specified in Table 1: Front Building Setbacks.
Table 1: Front Building Setbacks
Location of Front Building Face |
Building Setback (m) |
105 Street 104 Street 97 Avenue 96 Avenue |
5.0 m 3.0 m 3.0 m 0.0 m (no setback) |
Rear and Side building Setbacks shall be 2.0 m.
The maximum building area for commercial and commercial related uses in Area D shall not exceed 2100 m2 and shall be limited to the first floor as identified in Appendix I - Area D.
The maximum Floor Area of any individual business premises shall not exceed 150 m2.
Notwithstanding Section 46, a minimum Amenity Area of 7.5 m2 per Dwelling shall be provided and may be located on balconies or aggregated to courtyards, roof top patios/gardens, grade level display gardens and terraces.
All mechanical equipment, including roof mechanical units, shall be screened in a manner compatible with the architectural character of the building or concealed by incorporating it within the building and is not included in building height.
The owner shall provide funds for landscaping and streetscape improvements to the portion(s) of road right(s)-of-way for 97 Avenue, 96 Avenue, 105 Street, and 104 Street abutting the Site (from private property line to the new curb) that are identified by the West Rossdale Urban Design Plan, to the satisfaction of the Development Officer in consultation with Infrastructure Services and Transportation Services. These funds shall be paid to the City of Edmonton to undertake required streetscape improvements as a condition of the approval of a Development Permit.
As a condition of the Development Permit the Development Officer shall require that any development be preceded by a topsoil stripping program that must be the subject of a Historic Resources Monitoring Program for archaeology. The Historic Resources Monitoring Program and any work resulting from this monitoring program is to be conducted by an archaeologist qualified to hold an Archaeological Research Permit within the Province of Alberta. In order to conduct the Historic Resources Impact Assessment, the archaeological consultant must submit an Application for an Archaeological Research Permit – Mitigative Research Project: to the Historic Resources Management Branch.
The Historic Resources Monitoring Program is to be carried out under snow-free, unfrozen ground conditions.
The Historic Resources Monitoring Program shall include the entire subject site. Topsoil stripping must be taken to a depth where undisturbed subsoils are clearly visible in order to expose any burial vaults that may exist. The archaeological consultant must confirm any such features identified.
Depending upon the results of the archaeological monitoring program, additional salvage, protection or preservation measures may be required.
Prior to issuance of the development permit, the Development Officer shall insure that a signed agreement has been executed between the City and the Owner, requiring the owner to provide the City at the time of development permit approval the option to purchase 5% of the proposed number of residential units at 85% of the list price or as prescribed in any future City of Edmonton affordable housing policy initiatives.
Universal accessibility and universal design shall be developed as follows:
The main building entrance and the first level parkade lobby entrance to mid and high rise buildings shall be designed to meet universal accessibility standards as follows:
Main entrance doors to meet universal design standards;
Level changes from the sidewalk to the main entrance shall be minimized and where required shall be graded to allow for universal access.
Sidewalk furniture and other elements shall be located out of the travel path to ensure they are not obstacles to building access.
Building developments are to comply with LEED Canada certification process policies, deadlines, guidelines, and instructions as are published by the Canadian Building Green Council in their Policy Manual on the date of application for Development Permit. Developments must be registered with the Canadian Build Green Council (CaGBC) to earn a LEED Canada Certification rating of ‘Silver’, or higher. Developments to establish sustainable targets and receive third party verification.
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.
Signs in the areas identified for Commercial Uses shall comply with Schedule 59D of the Zoning Bylaw.
Notwithstanding Schedule 59D of the Zoning Bylaw, any Fascia On-premises Sign shall not extend higher than 75.0 cm above the floor of the second Storey.
In the areas identified for Commercial Uses a Comprehensive Sign 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.
Signs in the areas identified for active Residential Frontage, in Appendix I - Area D, shall comply with Schedule 59B of the Zoning Bylaw.
Direct access to 97 Avenue is not permitted. Access to underground parking and servicing shall be provided as illustrated in Appendix I - Area D. Public access easements may be required for parkade access points to allow for joint access to underground parking for multiple owners.
All onsite vehicular parking shall be located underground.
Underground parking facilities shall be designed at street level to minimize the size of entrances to parking facilities to maintain an attractive pedestrian environment.
Vehicular Parking on the site shall be developed in accordance with parking requirements for the Downtown Area Redevelopment Plan as stipulated in Section 54, Schedule 1 of the Edmonton Zoning Bylaw. In addition all on-site vehicular parking shall be located underground.
Underground parking facilities shall not interfere with the viability of landscaping in any yard setback and public open space. Adequate soil depth for landscaping such as trees, shrubs and grass over a parkade shall be provided to the satisfaction of the Development Officer.
Service and emergency response vehicles shall have clear and effective access to the buildings on site.
A minimum of 1 bicycle parking space shall be provided per residential unit in a weather-protected, well-lit, and secure area.
Visitor bicycle parking shall be 10% of the number of vehicular parking spaces required for the Downtown Area Redevelopment Plan as stipulated in Section 54, Schedule 1 of the Edmonton Zoning Bylaw to a maximum of 50 bicycle parking spaces, with 5 bicycle parking spaces being the minimum provided.
Garbage collection for all buildings shall be located within parking structures or buildings and if at grade shall be located, constructed and screened from view of the adjacent residential sites. Gates and/or doors of the garbage enclosures must not open or encroach into public road right-of-way.
The owner(s) shall register a Public Access Easement for the private lane as shown on Appendix I - Area D to ensure public access into the interior of the site. The easement shall make the private property owner(s) responsible for maintenance and liability.
The landscape plan required under Section 55.3 of the Zoning Bylaw shall include landscaping as it relates to the design of special feature areas identified in the Urban Design Plan. Outdoor amenity spaces shall be landscaped for the purpose of achieving pedestrian connectivity, and opportunities for recreation and social interaction; and should create a sense of place, character and identity through such features as benches, pedestrian level lighting, waste receptacles and other means integrated with the landscaping and placed along public walking routes through the site to the satisfaction of the Development Officer in consultation with the Parks Branch.
Display gardens shall be provided within the setback of any residential frontage adjacent to any public sidewalk, mid block pedestrian connection or mews. The display garden is to incorporate low parapet walls, a walk, gate, and stairs to a stoop at the front entrances, with the balance of the area for a patio and/or soft landscaping such as low shrub planting, ornamental grasses and/or flowers. The retaining wall is to be built at the property line.
Residential units on the ground floor shall have access to a private outdoor space with a minimum single horizontal dimension of 1.8 m to ensure adequate usable space.
A landscaping feature with focus on shrub planting, or acceptable alternatives, integrated with other site elements shall be provided in the Front, Side, and Rear Yard Setbacks. Lawns are not an acceptable landscaping feature for display gardens.
The height of an exposed retaining wall or other building wall located within the Front and Rear Yard Setbacks shall not exceed 1 m.
Trees shall be planted in the overall minimum ratio of one tree per 25 m2 of landscaped area to be provided.
Only deciduous trees shall be allowed on landscaped areas abutting public roadways not including alleys.
A minimum of 10% of all trees planted shall be coniferous trees.
Landscaping required in any Setback shall be provided in an amount 1.5 times greater than required under Section 55.
A minimum of 2000 m2 of publicly accessible open space shall be provided in the centre of the block interior, as illustrated in Appendix I - Area D. Potential open space uses may include but not be limited to children’s playground, rain garden, and/or a formal garden.
Two publicly accessible open spaces with a minimum size each of 200 m2 shall be provided between the private lane and 105 Street as illustrated in Appendix I - Area D.
Mid block publicly accessible open shall be provided through the site from the sidewalk adjacent to 104 Street to the sidewalk adjacent to 105 Street to break up massing and provide safe and inviting east-west routes to the block interior for pedestrians, as illustrated in Appendix I - Area D. The mid block publicly accessible open space shall incorporate landscaping, paved pedestrian walkways which are a minimum of 2 m in width, street and pedestrian scaled lighting where applicable, and be characterized by boulevard street tree planting along either side of the sidewalks that are spaced at approximately 6 m on centre
The owner(s) shall register Public Access Easements for the mid block publicly accessible open spaces located between 104 Street and 105 Street to ensure public access through the site, as illustrated in Appendix I - Area D. Easements shall make the private property owner(s) responsible for maintenance and liability. The areas having Public Access Easements shall be accessible to the public at all times.
Mid block mews shall be 6 m in width which incorporate a 2.5 m wide walkway in the centre with 1.75 m of soft landscaping such as shrub planting and/or ornamental grasses located on either side. The mid block mews shall incorporate pedestrian scaled lighting, entry paths leading directly to residential or commercial units were applicable, and opportunities for casual seating. Said mews shall be provided at the mid block point along 97 Avenue into the block interior to break up massing and provide safe and inviting routes for pedestrians, as illustrated in Appendix I - Area D.
The owner(s) shall register Public Access Easements for the mid block mews located at the mid block point along 97 Avenue to ensure public access through the site. Easements shall make the private property owner(s) responsible for maintenance and liability. The areas having Public Access Easements shall be accessible to the public at all times.
The publicly accessible open spaces shall incorporate landscaping, street furniture and lighting.
The internal private lane into the block interior shall incorporate special paving treatment, landscaped boulevards and paved sidewalks.
Boulevard street trees shall be a minimum of 85 mm calliper and planted at intervals of every 6 m.
Internal private roadways and pedestrian paths shall be illuminated at night with pedestrian scale lighting.
A Pedestrian Circulation Plan shall be reviewed and approved by the Development Officer in consultation with Transportation Services prior to the issuance of a Development Permit.
Active commercial frontages, as shown in Appendix I - Area D, shall be provided along 96 Avenue and shall be developed according to the following regulations:
At grade entrances for each unit shall be universally accessible, and shall have weather protection in the form of canopy or other architectural elements to create a comfortable environment for pedestrians;
At least 70% of ground (first) floor building facades shall have clear glazing on the exterior; and
Individual store frontages shall not exceed 10 m in width. Individual units shall have entrances along the commercial frontage with distances between doorways from unit to another not exceeding 8 m.
Active residential frontages for the Mid and High Rise Buildings, as shown in Appendix I - Area D, shall include individual unit external accesses for Dwellings located on the ground floor and features such as bay windows, awnings, porches, stoops staircases, and/or projections of a maximum 0.9 m from the primary building face at front doors to create prominence and provide shelter.
The ground (first) floor of any residential frontage, including associated entranceway, shall have a maximum grade separation of 1.0 m from any adjacent public sidewalk to allow for display gardens. 25% of residential frontages may have a grade separation greater than 1.0 m up to a maximum 1.5 m where sloping conditions apply.
Mid rise buildings shall have a minimum Step back of 1.0 m on all sides of the building above the second storey of the building.
A minimum of 3 storeys of residential development shall be provided above any commercial development adjacent to 96th Avenue.
Residential and residential related housing with Commercial Uses on the ground floor shall have access at Grade that is separate from the Commercial premises.
Development higher than 24 m or 6 storeys shall be considered a High Rise Building and shall be comprised of three distinct vertical zones: tower podium zone, tower mid, and tower top zones. The distinct nature of the three vertical zones shall be integrated both through step backs in the building massing, and/or through the architectural treatment of the facades.
Podium Zone
The podium zone shall have a Height of 2 storeys and shall have residential dwellings located on the ground floor with individual unit external accesses at grade.
Mid Zone
The mid zone shall be differentiated from the podium zone, but should reinforce some of the design details, materials, and architectural expression form the architecture below. While there should be similarity in materials to create a cohesive building, a variety in architectural styles should be encouraged among the buildings on the site.
The mid zone shall provide a minimum 1.0 m Step back from the podium zone on all sides of the building.
The maximum floor plate area for the tower mid zone shall not exceed 750 m2.
Top Zone
The top zone shall be 1 to 2 storeys in height and shall be step backed on at least two facades. In addition, the area of the typical floor plate in the top zone shall be 10% smaller than the area of the typical floor plate below in the mid zone. Special architectural detailing and use of transparent materials shall be required to create an interesting skyline.
The minimum separation distance above the podium zone in the east west direction between any two high rise buildings shall be 20 m to protect north south view corridors.
Buildings shall address all adjacent public roadways and private lanes with individual entrances at grade 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 avenue intersection to give it prominence.
The Height of buildings on the site shall transition from north to south from a maximum Height not exceeding 12 storeys nor 45 m adjacent to 97 Avenue to a maximum Height not exceed 6 storeys nor 24 m adjacent to 96 Avenue.
Quality finishing materials for all development shall include materials such as glass and glazed window systems, metal, stone, brick, masonry fibre cement siding, acrylic stucco and wood panel.
The use of vinyl and masonry stucco as a finishing material shall not be permitted.
Buildings shall be sited along 96 Avenue, 97 Avenue, 104 Street and 105 Street in such a manner to create a well defined street wall, framing views to the Alberta Legislature, the river valley, and creating a sense of entrance to downtown.
Blank walls facing shall be avoided by extensive use of active residential and commercial frontages, which allow for interaction between people in the building and people on the street to maintain an attractive streetscape.
Building facades above two storeys shall be articulated through architectural features such as Step backs, recesses, projections, and/or changes in building materials or colours, with the prominent and majority material being glazing.
Functional and decorative lighting shall be used to highlight the building’s architectural features and enhance the appearance of the building during the winter months.
At the time of development permit application, the owner shall submit a report that determines the gross floor area (GFA) of residential / commercial development excluding parkade areas in order to determine the amount owing towards Public Art commitment. The value of public art contribution shall be $10 / m2 proportional to the Gross Floor Area (GFA) of residential / commercial development, excluding parkade areas. The commitment may be staged in conjunction with the staged development. Prior to issuance of the Development permit, the Development Officer shall ensure a signed agreement has been executed between the City and the owner to implement one of the following options (of owner’s choice):
Option 1: Installation of public art on site
Prior to the issuance of the Development Permit, a public art plan showing the general location(s) of art shall be prepared and submitted to the City of Edmonton for review and approval by the Development Officer. The art will be acquired through an art procurement process administered by the owner(s) and all costs related to the procurement of the artworks,operation and future maintenance shall be the responsibility of the owner;
Artworks shall be created by a professional artist;
Artworks may be located on or within the public or private property and shall be in locations that are publicly viewable to the satisfaction of the Development Officer;
If located on public property or roadway right of way, the location shall be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), CityOperations and Integrated Infrastructure Services; and
The Public Art contribution amount shall be increased every 5 years from the date of passage of the Bylaw adopting this Provision according to the annual rate of national inflation as determined by Statistics Canada.
Option
2: Contribution towards Public Art off-site
The owner shall transfer the amount owing for the Public Art to the City wholly for its use, in consultation with Edmonton Arts Council, for the provision of Public Art on public property within the West Rossdale Urban Design
Plan Area.
Public Art, wherever possible, shall consider commemoration of the archaeological/historical significance of the Rossdale area.
The design of rooftops visible from high-rise buildings should be carefully considered. Where physically and economically feasible, green roofs, rooftop gardens and patios should be provided to improve rooftop aesthetics and provide additional amenity space.
Facades should be treated with high quality materials and given vertical articulation and emphasis. Variation of building materials and colour shall be used to break monotony of long building facades.
Dwellings and other elements of the development should be sited and oriented to minimize their impact on other Dwellings, considering such things as daylight, sunlight, ventilation, quiet, visual privacy and views.
The creation of adverse micro-climatic affects due to building construction such as wind tunnelling, shadowing and loss of sunlight, on and off site, though the massing and location of buildings should be avoided.
Buildings should be designed to include on site alternative energy sources.
The incorporation of features such as recycling, water saving strategies, low-water landscaping, energy-efficient lighting, green roofs and other devices should be considered in building on site designs to reduce the consumption of energy and materials.
Landscaping of Sites in this Area should consider the use of plant materials that are indigenous to the river valley. Plant materials that provide colour throughout the year should also be considered to enhance their appearance during the winter months.
Additional bicycle parking racks may be placed on road right-of-way subject to the review and approval of the Development Officer, in consultation with Subdivision and Development Coordination (Transportation).
Parking, loading and passenger drop-off areas should be easily accessible and designed to minimize pedestrian-vehicle conflicts.
Prior to the issuance of a building permit, the owner shall enter into an agreement with the City of Edmonton for the off-site improvements necessary to serve the development. The Agreement Process includes an engineering drawing review and approval process. Improvements to be addressed in the Agreement shall include, but not be limited to the following:
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;
The potential upgrade of the alleys adjacent to the site;
The relocation and/or alteration of existing utilities and installation of new utilities, including water utilities, as required by EPCOR Water; and
The provision of landscaping and streetscape elements on public space.