(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION

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1 (DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION DC2.XXX.1 General Purpose To establish a Site Development Control Provision to accommodate a mixed use development which includes two (2) residential towers on top a podium connected by a medium rise link building, and street related commercial uses fronting onto Jasper Avenue and 108 Street NW. DC2.XXX.2 Area of Application This provision shall apply to the parcels municipally known as 10722, 10744, and Jasper Avenue NW and legally described as Lots 89, 90, 91, 92 Block 7 Plan NB, to the site on east side of 108 Street, municipally known as and Street, legally described as Lots 93, 95, 96 Block 7 Plan B2, and to the east-west portion of the lane abutting those two parcels in Downtown Edmonton as shown in Schedule A of this Bylaw adopting this Provision. DC2.XXX.3 Uses (1) Apartment Hotels (2) Apartment Housing (3) Bars and Neighbourhood Pubs (4) Breweries, Wineries and Distilleries (5) Business Support Services (6) Cannabis Retail Sales (7) Child Care Services (8) Commercial Schools (9) Community Recreation Services (10) Convenience Retail Stores (11) Creation and Production Establishments (12) Equipment Rentals (13) Fascia On-premises Signs (14) General Retail Stores (15) Government Services (16) Health Services (17) Hotels (18) Household Repair Services (19) Indoor Participant Recreation Services (20) Live Work Unit (21) Major Alcohol Sales 2018 Page 1 of 10

2 (22) Minor Alcohol Sales (23) Major Amusement Establishments (24) Minor Amusement Establishments (25) Major Digital Signs (26) Minor Digital Off-premises Signs (27) Minor Digital On-premises Signs (28) Minor Digital On-premises Off-premises Signs (29) Major Home Based Business (30) Minor Home Based Business (31) Media Studios (32) Mobile Catering Food Services (33) Non-accessory Parking (34) Personal Service Shops (35) Nightclubs (36) Private Clubs (37) Private Education Services (38) Public Education Services (39) Professional, Financial and Office Support Services (40) Projecting On-premises Signs (41) Public Libraries and Cultural Exhibits (42) Religious Assembly (43) Residential Sales Centre (44) Restaurants (45) Specialty Food Services (46) Temporary On-premises Signs (47) Veterinary Services (48) Roof Off-premises Signs (49) Roof On-premises Signs 2018 Page 2 of 10

3 DC2.XXX.4 General Development Regulations (1) The development shall be in general accordance with the attached appendices. (2) Floor Area Ratio and Density: a. The maximum Floor Area Ratio (FAR) shall be 15. b. The maximum number of Dwellings shall be (3) Building Height: a. The maximum Height for each building, excluding the mechanical penthouse, shall be: (4) Setbacks: i m for the medium rise link building, and ii m for the Towers. a. The minimum Setbacks from the north and east Lot Lines shall be 0.0 m. b. The minimum south and west Setbacks shall be 1.5 m. Notwithstanding this: i. For any Setback greater than 1.5 m from 108 Street NW, it must be designed to accommodate street related activities, architectural features and Landscaping that contributes to a pedestrian oriented public realm. c. Building Setbacks from the south and west shall be integrated with the pedestrian oriented public realm of 108 Street NW and Jasper Avenue NW. (5) Minimum Setbacks for below Grade Parking areas shall be 0.0 m. (6) Notwithstanding Section 4 of this Provision: a. The medium rise link building shall be allowed to project into the south and west Setbacks up to those Lot Lines. b. A minimum of 100 m 2 outdoor space shall be provided on the southwest corner of the Site as shown in Appendix 1: Site Plan. (7) Stepbacks: a. The medium rise link building shall provide a minimum 3.0 m Stepback at the 10 th and 11 th floors from the west and south Lot Lines. b. The minimum north Tower Stepbacks for the typical residential storey, shall be: i. 4.0 m from the north Lot Line; ii. 3.0 m from the east and west Lot Lines; and iii m from the south Lot Line. c. The minimum south Tower Stepbacks for the typical residential storey, shall be: i. 3.0 m from the north and south Lot Lines; ii. 2.0 m from the east Lot Line; and iii m from the west Lot Line. (8) Notwithstanding Section 7 of this Provision Platform Structures in the form of balconies shall be allowed to project a maximum of 2.0 m into the Tower Stepbacks Page 3 of 10

4 DC2.XXX.5 Amenity Areas (1) For Residential Uses, a minimum Amenity Area of 4% of gross floor area shall be provided through the following: a. Communal indoor Amenity space that may include, but are not limited to, change room facilities, fitness rooms, meeting rooms, and fitness facilities; b. Outdoor Amenity Area within the building for use by residents such as the outdoor patio area on the roof of the Podium, Medium Rise link building, and Tower Tops; and c. Platform Structures in the form of balconies with a minimum depth of 1.5 m. DC2.XXX.6 Vehicular Access, Parking, and Loading (1) Vehicular access and egress shall be from the abutting north-south Lane and in general accordance with Appendix 1 - Site Plan. (2) Vehicular parking shall be provided in underground Parking Garage structure. (3) Adequate sight lines shall be maintained for vehicles entering and exiting the Parking Garage, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination. (4) Retaining Walls bordering the below Grade Parking Garage ramp, shall not exceed a Height of 3.0 m at the Lot Line and no portion of the wall may encroach onto road right-of-way. The Development Officer may vary the Height in consultation with Subdivision and Development Coordination. (5) Any underground parking access card devices must be located on Site, a minimum of 3.0 m inside the property line. (6) The underground driveway ramps shall not exceed: a. a maximum slope of 10% for a minimum distance of 5.5 m inside the Lot Line and the ramps must be at Grade at the property line; and b. a maximum slope of 15% for a minimum distance of 16.2 m beyond the first 5.5 m inside the property line. (7) Entrances to Parking Garages shall minimize the physical and visual impact of the entrances and doors to the north-south and east-west Lanes, or other publicly-accessible areas adjacent, to the satisfaction of the Development Office. (8) The development shall provide: a. a minimum of 509 onsite residential vehicular parking spaces, inclusive of Visitor Parking Spaces, on-site; and b. a minimum of parking spaces per floor area of Non-Residential Uses shall be required with a minimum of 7 vehicular parking spaces to be provided; and c. an overall maximum of 970 total parking spaces for the whole development. (9) Visitor Parking Spaces, may be shared with Non-Residential Uses if the owner provides an owneroperated parking management program Page 4 of 10

5 (10) A minimum of 40% of the number of vehicular parking spaces required under Section 8 of this Provision with 5 Bicycle Parking spaces being the minimum to be provided. At least 10% of Bicycle Parking spaces shall be short term spaces. (11) Bicycle Parking for Residential Uses shall be provided within secure enclosed areas that are easily accessible to cyclists via access ramps, or routes through the buildings which facilitate easy and efficient transportation of bicycles. Vertical or stacked racks may be used to satisfy bicycle parking requirements if it can be demonstrated that they can be safely and efficiently used to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination. (12) Bicycle Parking for Non-Residential Uses shall be provided on the ground floor in a visible exterior location. (13) Loading and storage areas shall be located in the ground floor to the rear of the development. (14) A maximum of six (6) off-street Vehicular Loading Spaces at a minimum of 4.0 m in width and by 9.0 m in length shall be provided and accessed from the rear Lanes abutting the site in accordance with Appendix 1 - Site Plan. The Development Officer may vary the dimensions of the loading space in consultation with Transportation Services. DC2.XXX.7 Waste Collection (1) Waste collection and storage shall be located in the ground floor and shall be located and screened from view of the adjacent Lanes and shall be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination and City Operations. (2) Waste enclosures must be located entirely within private property and required gates and/or doors of the waste enclosure must not open or encroach into road right-of-way. DC2.XXX.8 Landscaping (1) A detailed Landscape Plan for the Site, including all existing and proposed utilities within the road right-of-way shall be submitted as part of a Development Permit application for review and approval by the Development Officer. The following shall also apply and be shown on the required Landscape Plan: a. present a plant material palette that provides a variety of colors and textures to create seasonal interest particularly during the winter months. b. include pavement materials, exterior lighting, street furniture elements, pedestrian seating area, sizes and species of new and existing tree plantings, improvements to the public realm, and other landscaping elements as applicable. c. Landscaping that extends onto or over City-owned lands shall be developed in accordance with Traffic Bylaw 5590 and the City Design and Construction Standards. d. At ground level, where Setbacks are provided in front of Active Commercial Uses fronting onto public roadways and the north-south Lane, provide an enhanced pedestrian experience and a public realm that seamlessly transition from public to private property by continuing the public sidewalk paving materials, finish and pattern to compliment the adjacent streetscape Page 5 of 10

6 e. An arborist report and preservation plan, to the satisfaction of the Development Officer in consultation with Urban Forestry, shall be submitted with the Development Permit application to determine the impact of the proposed development, including excavation and construction, on the existing boulevard trees along 108 Street NW and Jasper Avenue NW. i. If required by the Development Officer, an air spading tool shall be used to determine the amount and size of roots that may need to be cut for the parkade/foundation wall. (A) If the arborist report indicates that the development will unduly compromise the ongoing viability and health of a tree or trees, each tree shall be removed and replaced by a new tree within an enhanced growing medium at the cost of the owner, or (B) the arborist report indicates that the development will not unduly compromise the ongoing viability and health or a tree or trees, each tree shall be retained and protected as per the City s Corporate Tree Management Policy C456A to the satisfaction of the Development Officer in consultation with Urban Forestry. DC2.XXX.9 Signs (1) Signs shall comply with the General Provisions of Section 59 and the regulations found in Schedule 59F of the Zoning Bylaw. (2) Temporary On-premises Signs shall be limited to project advertising associated with a Residential Sales Centre and shall not include trailer mounted signs or signs with changeable copy. (3) A Comprehensive Sign Design Plan in accordance with the Provisions of Section 59.3 of the Zoning Bylaw shall be submitted with the Development Permit application for the principal buildings to the satisfaction of the Development Officer. (4) The Development Officer shall have regard for visual harmony and the compatibility of the proposed sign with the architectural character and finish of the development and with the design, location and appearance of other signs on the development. DC2.XXX.10 Development Regulations for Specific Uses (1) Breweries, Wineries and Distilleries shall be developed accessory to a Restaurant or a Bar and Neighbourhood Pub. (2) Restaurants shall be limited to 1,000 m 2 of ground floor Public Space, excluding exterior patio/deck space which can be to a maximum of 50% of the interior public space.. (3) Specialty Food Services shall be limited to 360 m 2 of ground floor Public Space. (4) Residential Sales Centres shall be limited to the sale of on-site condominium or rental units. (5) Personal Services Shops shall not include Body Rub Centres. (6) Convenience Retail Stores and Minor or Major Alcohol Sales shall be limited to the ground storey of the development Page 6 of 10

7 DC2.XXX.11 Family Oriented Dwellings (1) A minimum of 3% Dwellings shall be developed as Family Oriented Dwellings. Notwithstanding the definition of Family Oriented Dwellings, each unit shall have a minimum of three bedrooms and may be located in any storey of the development. DC2.XXX.12 Environmental (1) As a condition of a Development Permit, 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. DC2.XXX.13 Sustainable Practices and Targets (1) The design and implementation of the development shall apply techniques as described in Appendix 3 - Sustainability Targets and Practices to reduce the consumption of water, energy, and materials, consistent with best practices in sustainable design. Except for excavation and sign permits, 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 infeasible to achieve, the report shall provide alternative targets to the satisfaction of the Development Officer. DC2.XXX.14 Urban Design (1) General a. To maximize integration with the surrounding neighbourhood, the development shall be sympathetic to design elements found within the Jasper Avenue Main Street Commercial Zone and Warehouse Zone. b. Non-Residential Uses fronting onto 108 Street NW and Jasper Avenue NW shall provide a minimum of 50% of the building facade as transparent, nonreflective, untinted, and unobscured glazing that allows viewing in and out of the Use to the satisfaction of the Development Officer. 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. Linear frontage shall be measured as the horizontal plane at 1.5m above Grade. c. The main entrances of Non-Residential Uses fronting onto 108 Street NW and Jasper Avenue NW shall provide weather protection in the form of a canopy or other architectural element to create a comfortable environment for pedestrians. d. Entrances for Non-Residential Uses shall be clearly differentiated from entrances to Residential and Residential-Related Uses through distinct architectural treatment to the satisfaction of the Development Officer. e. The main entrances of the development shall be designed to be universally accessible to persons in wheelchairs and persons pushing strollers Page 7 of 10

8 (2) Podium f. Landscaping adjacent to exterior walls shall be used to minimize the perceived mass of the building and to create visual interest. g. Sun Shadow and Wind Impact Studies shall be prepared and submitted with a Development Permit application for any building or portion of a building with a Height greater than 23.0 m. The development shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off Site, consistent with recommendations of the Sun Shadow Impact Study and Wind Impact Study. h. With the exception of excavation, signs or change of Use permits, application for development shall submit a Crime Prevention through Environmental Design Assessment or alternative safety audit to the satisfaction of the Development Officer. a. The Height of the Street Wall delineating the ground floor along Jasper Avenue NW and 108 Street NW shall not be less than 6.0 m or more than 12.0 m. b. The exterior of the Podium shall be finished with clear glazing and quality, durable materials that may include masonry, stone, brick and pre-finished metal. c. The scale, form and materiality of the Podium Façade fronting onto Jasper Avenue NW shall incorporate design treatments that maintain the human scale environment of the avenue, to the satisfaction of the Development Officer. (3) Medium Rise (4) Tower a. The Height of the Street Wall along 108 Street NW and Jasper Avenue NW shall not be less than 6.0 m or more than 45.0 m. b. The Façade of the medium rise building shall be architecturally treated to create a unified building exterior that contributes to a visually interesting streetscape and be articulated at regular increments to add variety, rhythm and a human scale dimension along 108 Street NW and Jasper Avenue NW in general accordance with the Appendix 2 - Elevations. c. Active Non-Residential Frontage: d. Roof Top i. The medium rise building shall provide multiple points of interaction in the form of doorways, operable windows, and large display windows to facilitate pedestrian interaction. ii. The ground floor elevation shall not exceed the elevation of the abutting public sidewalk by more than 0.3 m, at the discretion of the Development Officer where the grade or other site conditions require greater grade separation. i. The medium rise building shall provide enhancements to improve rooftop aesthetics to the satisfaction of the Development Officer. Enhancements may include patios, gardens, green roofs, decorative pavers or other material combinations to create visual interest, or additional Amenity Area. a. The maximum Floor Plate for the Towers shall be m 2. b. The length of any Tower face shall be a maximum of 39.0 m Page 8 of 10

9 c. The Towers shall be differentiated from the Podium and the medium rise link building, but should reinforce their design details, materials, and architectural expression. d. The minimum distance between the Towers shall be 25.0 m when windows of habitable rooms are facing to each other with a direct sight line. e. The Towers shall provide articulation and visual interest through the variation of placement, location, and physical breaks of Platform Structures to create vertical architectural features that run the length of the Tower in general conformance with the appendices of this Provision to the satisfaction of the Development Office. f. The top of the Towers shall be consistent in concept, detail, and material with the Towers. g. The Towers shall contribute to the signature of the building and the City s skyline through treatment of the upper floors and roofs and shall provide articulation, visual interest and reduced massing effects by combination of sculpting of the building, variation of material/color or other means to the satisfaction of the Development Office. h. Rooftops of Towers may include a combination of green roofs, solar panels, patios, or public or private open spaces. DC2.XXX.15 Architectural Treatment (1) All building Facades shall have consistent and harmonious exterior finishing including materials such as, but not limited to, stone, masonry, metal, wood panels, cement panels, acrylic stucco, and/or glass. (2) Building materials must be sustainable, durable, high quality and appropriate for the development within the context of the Jasper Avenue Main Street Commercial Zone and Warehouse Zone. The contextual fit, design, proportion, quality, texture and application of various finishing materials shall be to the satisfaction of the Development Officer. The development shall incorporate design elements to reduce the perceived mass and add architectural interest, including articulation of the Façades, using a defined pattern of projections and/or recessions; and a variety of exterior building cladding materials and colours. (3) Where feasible, the building Façades shall incorporate architectural design details or features that reflect the predominant urban character of Jasper Avenue NW. (4) All mechanical equipment, including roof mechanical units, surface level venting systems, and transformers shall be vertically concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building. (5) Decorative and security lighting shall be designed and finished in a manner consistent with the architectural theme of the development and shall be provided to ensure a well-lit and safe environment for pedestrians, and to accentuate architectural elements, roof tops and public art. Exterior lighting associated with the development shall be designed such that it has no negative impact on an adjacent property. An exterior lighting plan shall be provided to the satisfaction of the Development Officer. (6) Night-time light pollution shall be reduced by avoiding over-illumination of the development and by using exterior lighting fixtures that are full cut-off in design which direct light downward, to ensure illumination does not extend beyond the boundaries of the development Site Page 9 of 10

10 DC2.XXX.16 Off-Site Improvements to Serve the Development (1) As a condition of any Development Permit, the Owner shall enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development, such improvements to be constructed at the owner s cost. The Agreement shall include an engineering drawing review and approval process. Improvements to address in the Agreement include but are not limited to: a. Repair of any damage resulting from construction of the development to the abutting roadways, sidewalks, street furniture, and/or boulevard, including Lanes not directly adjacent to the Site but which may be used for construction purposes, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination. The site must be inspected by the City prior to the start of the construction and once again when construction is complete; b. Replacement of any street furniture including lamps, benches, bollards or planters, that are removed/damaged for construction and shall match the 108 Street NW and Jasper Avenue NW streetscaping standards for style and frequency; c. Upgrade the north-south Lane and the east portion of the east-west Lane adjacent to the Site to a commercial standard within the available right-of-way to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination. (2) Enhancement of the public realm along 108 Street NW, Jasper Avenue NW and the rear Lanes directly abutting the Site, where applicable, shall include sidewalks, boulevard trees, pedestrian lighting, street furniture and paving treatment and other boulevard treatments specific to each of these roadways in collaboration with the City of Edmonton and be provided to the satisfaction of the Development Office. (3) The owner shall enter into an agreement with Edmonton Transit Services (ETS) to demolish the existing pedestrian entrance and connection to the Corona Light Rail Transit System (LRT) Station on Jasper Avenue in front of the existing building. Such pedestrian entrance shall be relocated and integrated in the south east portion of the building accordance with Appendix 1 - Site Plan. The pedestrian entrance shall be clearly defined to provide a safe and attractive access to the existing transit stop, to the satisfaction of the Edmonton Transportation Services (ETS). DC2.XXX.17 Other Regulations (1) 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 cashin-lieu to The City of Edmonton. (2) Notwithstanding the other Development Regulations of this Provision, the Appendices of the Provision and Section 720.3(2) of the Zoning Bylaw, in the event that the owner/developer does not obtain a Building Permit and commence construction of the principal building under a valid Development Permit with 15 years of the passage of the Bylaw adopting this Provision, development of the Site shall be in accordance with this Provision, except that: a. the maximum Height shall be 85.0 m; and b. the maximum Floor Area Ratio shall be Page 10 of 10

11 APPENDIX 1: SITE PLAN ENTRANCE TO UNDERGROUND PARKING

12 APPENDIX 2A: SOUTH ELEVATION

13 APPENDIX 2B: WEST ELEVATION

14 APPENDIX 2C: EAST ELEVATION

15 APPENDIX 2D: NORTH ELEVATION