(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION

1. General Purpose

To accommodate a mixed use development with commercial and residential uses that provides for an active and inviting street, with a podium that is compatible in scale, function, and design with the established historical architecture and character of the area.

2. Area of Application

The provision shall apply to Lots 21 and 22, Block 67, Plan I located on the northeast corner of 82 Avenue NW and 105 Street NW; as shown on Schedule “A” of the Charter Bylaw adopting this Provision, Strathcona.

3. Uses

1. Bars and Neighbourhood Pubs

2. Breweries, Wineries and Distilleries

3. Business Support Services

4. Cannabis Retail Sales

5. Child Care Services

6. Commercial Schools

7. Convenience Retail Stores

8. Creation and Production Establishments

9. General Retail Stores

10. Government Services

11. Health Services

12. Hotels

13. Household Repair Services

14. Indoor Participant Recreation Services

15. Liquor Stores

16. Market

17. Media Studios

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18. Major Amusement Establishments

19. Minor Amusement Establishments

20. Major Home Based Business

21. Minor Home Based Business

22. Multi-unit Housing

23. Personal Service Shops

24. Private Clubs

25. Professional, Financial and Office Support Services

26. Public Libraries and Cultural Exhibits

27. Residential Sales Centre

28. Restaurants

29. Secondhand Stores

30. Special Event

31. Specialty Food Services

32. Spectator Entertainment Establishments

33. Veterinary Services

34. Fascia On-premises Signs

35. Projecting On-premises Signs

4. Development Regulations for Uses

1. Non-Residential and Non-Residential Related Uses shall:

a. only be developed on the first storey; and

b. have a maximum total combined Floor Area of 473.0 m2

2. Restaurants shall not exceed 325 m2 of Public Space.

3. Breweries, Wineries and Distilleries shall only be allowed if developed in combination with a Restaurant.

4. Personal Service Shops shall not include Body Rub Centres.

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5. Residential Sales Centres shall be limited to the marketing of on-Site Dwellings.

6. Bars and Neighbourhood Pubs and Specialty Food Services shall be limited to 240 m2 of public space per use.

7. Signs shall comply with the regulations found in Schedule 59H of the Zoning Bylaw unless altered as follows:

a. Signs should follow, as much as is practicable, the traditional pattern of locating Signs;

b. A Sign may be backlit provided the lettering is translucent, so that only the lettering is backlit with the remainder of the sign being opaque;

c. Projecting On-premises Signs:

i. Projecting On-premises Signs project outward from the building wall by more than 14.5 cm;

ii. Specialty Projecting On-premises Signs are encouraged. These are Signs where the shape and details of the Sign are reflective of the nature of the business referred to on the Sign. Examples are optometrist Signs in the shape of eyeglasses, shoe repair Signs in the shape of shoes, etc.;

iii. No Projecting On-premises Sign shall be located such that, in the opinion of the Development Officer, it significantly obstructs existing, approved Signs;

iv. A Projecting On-premises Sign shall have a vertical clearance of at least 2.4 m;

v. The top of a Projecting On-premises Sign on a building two Storeys or higher shall not extend more than 75.0 cm above the floor of the third Storey nor higher than the window sill level of the third floor;

vi. The horizontal separation distance between a Projecting On-premises Sign and the curb line of a public roadway shall be not less than 0.6 m;

vii. The maximum projection from the building face shall not exceed 2.5 m;

viii. The maximum projection for a corner Projecting On-premises Sign shall not exceed 2.5 m;

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ix. Corner Projecting On-premises Signs shall be placed at equal angles to the two Frontages at the corner of the building;

x. Except in the case of corner Signs, a Projecting On-premises Sign shall be placed at right angles to the building face to which it is attached;

xi. If illuminated, projecting Signs shall be lit from an external source. Internally lit, or backlit projecting Signs are not permitted, except where only the lettering is backlit; and

xii. The maximum permitted size of a projecting Sign is 7.5 m2 in area.

d. Fascia On-premises Signs:

i. Shall not extend more than 14.5 cm out from the wall nor beyond the horizontal limits of the wall;

ii. If illuminated, Signs shall be lit from an external source. Backlit or internally illuminated Fascia On-premises Signs are prohibited, except where only the lettering is backlit;

iii. If feasible, Fascia On-premises Signs shall be located in the traditional locations as follows:

A. Sign band above the display or transom windows;

B. Sign band below upper cornice; and

C. Sign band immediately above an awning.

iv. A Fascia On-Premises Sign shall not extend more than 14.5 cm beyond a building wall; and

v. Fascia On-Premises Signs which consist only of a company Logogram, or an Identification Sign formed of individual letters, shall be allowed. Not more than one such Sign per business shall be allowed per building face and the Sign shall only be used to identify the tenants of the building.

vi. Fascia On-premises Signs shall only be on the podium.

e. Fascia On-Premises may be painted directly on walls provided that:

i. Signs are painted directly onto the exterior wall of a building or onto a plywood-type (solid) material which is affixed directly to the exterior wall of a building;

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ii. The total Sign area per location shall not exceed 65 m2. The Development Officer may increase the Sign area at his or her discretion, in consultation with the Heritage Officer;

f. Fascia On-Premises Signs may be put on windows and be considered Window Signs. Window Signs must comply with the following:

i. The area of the Window Sign shall not exceed twenty-five percent (25%) of the window in which it is located; and

ii. A business may only display Window Signs on windows of the podium.

8. A Comprehensive Sign Design Plan shall be prepared and submitted with the development to be approved by the Development Officer in consultation with the Heritage Officer. It must include coloured renderings, and elevation drawings of all facades, showing the locations, dimensions, and use classes of all signs on the building. It must be consistent with the overall intent of Section 59.3 of the Zoning Bylaw.

5. Development Regulations for Site Layout and Built Form

1. The development shall be in general conformance with the attached Appendices.

2. The maximum Floor Area Ratio shall be 5.5.

3. The maximum number of Dwellings shall be 65.

4. The maximum building Height shall be 34.0 m.

5. The minimum Height of the podium shall be 6.0 m and the maximum Height of podium shall be 9.0 m.

6. The Tower Floor Plate above the podium shall not exceed 600 m2.

7. The minimum Setbacks from the east, west and south Lot lines shall be 0.0 m.

8. The minimum Setback from the north Lot line shall be 0.5 m. The Setback shall be Hardsurfaced and be kept free of any physical obstructions but allow for an on-site vehicle loading space to extend to the Lot line.

9. The minimum Tower Setbacks shall be:

a. 3.5 m from the north Lot line;

b. 5.5 m from the south Lot line;

c. 0.0 m from the east Lot line; and

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d. 3.0 m from the west Lot line.

10. Architectural features, such as exposed structural columns, cladding features or other similar elements, may project a maximum of 1.2 m from the Tower Façades into the Tower Setbacks.

11. All Development Permits relating to exterior alterations, signs, renovation to existing buildings or new construction will be reviewed by the Development Officer in consultation with the Heritage Officer.

6. Development Regulations for Building Design and Features

1. The podium shall emphasize the use of traditional materials such as, but not limited to, red brick, wood, pressed metal and cast stone on all Façades. That portion of the building located above the podium may be differentiated from the podium through the use of more contemporary architecture but shall use compatible exterior materials such as, but not limited to, brick, wood, pressed metal, cast stone, metal, acrylic stucco and glass. Elements of the design character of the podium may be expressed on the floors above the podium to ensure compatibility between the two portions of the building. Reflective glass windows shall only be permitted above the podium.

2. The architectural treatment of the commercial podium fronting onto 82 Avenue NW and wrapping onto 105 Street NW, should be in general alignment with the adjacent streetscapes which is characterized by historical structures with a similar rhythm and alignment of horizontal and vertical elements. This may be accomplished using architectural features such as but not limited to; pilasters, recessed entries, large display windows with minimum partitioning at eye level, transom glazing, bulkhead panels below storefront windows, fascia sign bands, cornicing, horizontal banding, vertical orientation and/or extrusion of brick to the satisfaction of the Development Officer in consultation with Heritage Planning.

3. The architectural treatment of the main residential entrance fronting onto 105 Street NW may be differentiated from the rest of the podium through the use of more contemporary architecture but shall use compatible exterior materials such as, but not limited to, brick, wood, pressed metal, cast stone, metal, acrylic stucco and glass.

4. Major vertical elements on the podium shall be introduced into the west and south Façade design at a maximum of 10.0 m intervals to maintain the traditional vertical pattern of building Façade design.

5. Upper podium windows shall be of a “punched window design” and vertically proportioned to respect the 2:3 width: height ratio found in the area. Horizontal strip windows are prohibited.

a. Notwithstanding the above, this shall not be required for the upper podium windows located on the southwest corner of the building.

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6. Active frontages shall be developed along 105 Street NW and 82 Avenue NW in accordance with the following regulations:

a. Residential and Commercial Uses shall have well defined, individual entrances that are accessible to people of all ages and abilities at ground level;

b. on the south and west Façades, a minimum of 50% of the linear frontage of the ground floor Façade shall consist of transparent glazing. This shall be calculated as a percentage of linear frontage measured as the horizontal plane at 1.5 m above finished Grade;

c. horizontal sign bands shall be located above commercial entrances; and

d. weather protection in the form of a canopy, inset doors, or other architectural element shall be provided above all ground level entrance.

7. Balconies shall only be permitted above the podium. Balconies shall be Juliette balconies that project from the tower a maximum of 0.6 m from the building façade.

8. To reduce the visual impacts of massing of the building, balconies shall maintain transparency through provision of metal railings with glass panels or other durable transparent panels at the discretion of the Development Officer.

9. The rooftop of the Tower shall be designed with penthouses and/or screening to conceal mechanical systems, reduce the heat island effect, facilitate energy efficiency. The design of the roof may include a combination of green roofs, solar collectors, patios, or public or private open spaces.

10. The podium roof shall provide enhancements such as patios, gardens, green roofs, and additional Amenity Area.

11. All mechanical equipment, including roof mechanical units visible from street level shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building. Ground level vents shall be oriented away from adjacent Sites or on or off-Site amenity or pedestrian circulation areas.

7. Development Regulations for Parking, Loading, Storage and Access

1. No On-Site Vehicle Parking spaces shall be required for the Site.

2. If ground level On-Site Vehicle Parking is provided it shall be located at the rear of the building.

3. Access to On-Site Vehicle Parking shall be restricted to the rear Lane.

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4. Long term Bicycle parking shall be provided at a minimum rate of 0.85 spaces per Dwelling, in a safe and secure location within the podium that is easily accessible to cyclists via a route through the building which facilitates easy and efficient transportation of bicycles.

5. If vertical racks are used, each Bicycle Parking space shall be a minimum of 0.6 m wide, 1.1 m deep and have a vertical clearance of at least 2.3 m; and

6. A minimum of 10% of Bicycle Parking Spaces shall be provided as short term Bicycle Parking for Commercial Uses and visitors in the public realm adjacent to the Site on 105 Street NW and/or 82 Avenue NW, either on or off-Site, and be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).

7. The waste collection area shall be accessed from the abutting Lane and be designed to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation) and Waste Management Services.

8. Development Regulations for Landscaping, Lighting and Amenity Areas

1. The required Landscape Plan shall be prepared by a registered AALA Landscape Architect.

2. 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.

3. Decorative and security lighting shall be designed and finished in a manner consistent with the development and shall be provided to ensure a well-lit environment for pedestrians, to accentuate building elements, and highlight the development in winter months. Exterior lighting associated with the development shall be designed to minimize impact on an adjacent property. A detailed exterior lighting plan shall be provided to the satisfaction of the Development Officer.

4. An arborist report and tree 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 82 Avenue NW. 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. If:

a. 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 as part of the redevelopment of the site. The owner/developer shall be responsible for the cost of removal as well as for compensating the City for the value of the tree being removed. If required by the

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Development Officer, each tree removed shall be replaced by a new tree in an enhanced growing soil medium in the form of soil cells or continuous trenches, at the cost of the owner; or

b. the arborist report indicates that the development will not unduly compromise the ongoing viability and health of a tree or trees, each tree shall be retained and protected as per the City’s Corporate Tree Management Policy C456B.

5. A minimum Amenity Area of 5.0 m2 per Dwelling shall be provided. This may be achieved using terraces/patios on top of the podium base, Rooftop Terraces, and indoor communal Amenity Areas.

9. Other Regulations

1. Site and building layouts shall include design elements that take the principles of Crime Prevention Through Environmental Design (CPTED) into consideration. These elements may include, but are not limited to, elements that allow for natural surveillance, increase sightlines and use; and high quality interior and exterior lighting. The physical layout and landscaping shall reduce the vulnerability of pedestrians by avoiding areas of concealment or entrapment such as: long public corridor spaces, stairwells, or other movement predictors; avoiding landscaping hazards such as: unpruned trees, rocks that can be thrown, or blind corners; and by locating parking areas close to building access points and using wayfinding mechanisms. The Development Officer may require a Crime Prevention Through Environmental Design assessment prepared by a qualified security consultant, and may apply conditions to the approval of the Development Permit based on the recommendations of the CPTED assessment to promote a safe physical environment

2. Prior to the issuance of a Development Permit for any buildings greater than 20.0 m in Height, a Wind Impact Study shall be submitted for review. The development shall incorporate design features to minimize adverse microclimatic effects such as wind tunneling, snow drifting, rain sheeting both on and off Site, consistent with the recommendations of the Wind Impact Study.

3. Prior to the issuance of a Development Permit, except for Development Permits for demolition, excavation, shoring or signage, a Phase 2 Environmental Site Assessment and Remedial Action Plan (if required) shall be submitted and reviewed to the satisfaction of the Development Officer in consultation with Development Services (Environmental Planner). As a condition of the Development Permit, an Environmental Risk Management Plan, if required, shall be submitted and reviewed to the satisfaction of the Development Officer in consultation with Development Services (Environmental Planner). The Development Officer shall impose any Development Permit conditions necessary, prior to the release of the drawings for Building Permit review, to ensure that the Site is suitable for the full range of Uses contemplated in the Development Permit

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application.

4. Prior to the issuance of a Development Permit for:

a. a building that contains 12 or more Dwelling units; or

b. a building that contains less than 12 Dwelling units, but is part of a Site with 12 or more Dwelling units in total;

the Development Officer shall ensure a signed agreement has been executed between the City and the owner, requiring the owner to provide the City, at the time of each Development Permit approval, the option to purchase up to 5% of the proposed number of Dwelling units (rounded to the nearest Dwelling unit) in each building with Dwelling units, at 85% of market value or the equivalent value as cash in lieu (at the discretion of the owner) to the City. The City may exercise its option to purchase only in respect of Dwelling units that are individually titled.

5. As a condition of a Development Permit for construction of a principal building, the owner shall enter into an Agreement with the City of Edmonton for a subsidized transit pass program to promote the use of alternative modes of transportation for residents, the Agreement shall include the following terms:

a. transit passes shall be purchased by the owner and provided to all occupied Dwellings that do not have an associated accessory parking stall for a period of (1) year;

b. transit passes shall be provided to each Dwelling at a subsidized rate of at least 50% of the purchase price for a period of one (1) year;

c. transit passes shall be purchased for a minimum of one (1) year, beginning on the date that the Occupancy Certificate for the principal building is issued by the City of Edmonton; and

6. As a condition of a Development Permit for construction of a principal building, the applicant shall implement at least one of the following transportation demand management strategies:

a. Tenants credit for membership with a shared mobility operator; or

b. An internal building bike share program (to make bicycles available for use by tenants).

7. Notwithstanding the other Development Regulations and Appendices of this Provision and the 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 building under a valid Development Permit within 8 years of the passage of the Charter Bylaw adopting this Provision, development shall be in accordance with this Provision, except that:

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a. the maximum Height shall be 15.0 m; and

b. the maximum Floor Area Ratio shall be 2.5.

10. Public Improvements and Contributions

1. As a condition of a Development Permit for construction of a principal building, the owner shall enter into an Agreement with the City of Edmonton for off-Site improvements necessary to serve or enhance the development, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). Such improvements shall be constructed at the owner’s cost. The Agreement process shall include an engineering drawing review and approval. Improvements to address in the Agreement include, but are not limited to:

a. Repair of any damage to the abutting roadways, sidewalks and boulevard, including Lanes not directly adjacent to the Site, caused by the construction of the development.

b. The provision of two benches in the public realm adjacent to 82 Avenue NW;

c. Improvements to the public realm directly abutting the Site along 105 Street NW, to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation). Improvements shall include, but are not limited to:

i. construction of a widened sidewalk from the corner of 82 Avenue NW and 105 Street NW for a minimum length of 15.0 m north from the south Lot line of the Site. The widened sidewalk shall have a minimum width of 4.0 m from the west Lot line of the Site to the curb which shall provide a continuous decorative surface treatment that is integrated with the style of the pedestrian oriented public realm that exists along 82 Avenue NW;

ii. a minimum of 2 boulevard trees within enhanced growing mediums adjacent to 105 Street NW;

iii. quality, durable street furnishings and materials; and

iv. pedestrian scaled lighting.

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Appendix 1: Site Plan

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Appendix 2: Landscape Plan

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Appendix 3: North Elevation

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Appendix 4: South Elevation

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Appendix 5: East Elevation

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Appendix 6: West Elevation

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