DC 20989 Schedule O

1.1.

To accommodate a business residential mixed use node that creates a compatible and diverse mixture of residential, office, and commercial land uses at a human scale with a built form that has a strong relationship to the street and accommodates pedestrian activity along the 105 Avenue Multi-use Trail Corridor.

2.1.

This Zone applies to some land located generally between 105 Avenue NW and 106 Avenue NW, and between 106 Street NW and 117 Street NW; on the south side of 105 Avenue NW west of 117 Street NW; and between 106 Avenue NW and 107 Avenue NW, between 116 Street NW and 117 Street NW; as shown in Schedule “E” of the Bylaw adopting this Zone, Central McDougall and Queen Mary Park.

Residential Uses

3.1.

Home Based Business

3.2.

Residential, limited to:

3.2.1.	Lodging Houses
3.2.2.	Multi-unit Housing
3.2.3.	Row Housing
3.2.4.	Supportive Housing

Commercial Uses

3.3.

Cannabis Retail Store

3.4.

Centre City Temporary Parking

3.5.

Custom Manufacturing

3.6.

Food and Drink Service

3.7.

Health Service

3.8.

Indoor Sales and Service

3.9.

Major Indoor Entertainment

3.10.

Minor Indoor Entertainment

3.11.

Office

3.12.

Residential Sales Centre

Community Uses

3.13.

Child Care Service

3.14.

Community Service

3.15.

Library

3.16.

School

Sign Uses

3.17.

Fascia Sign

3.18.

Freestanding Sign

3.19.

Projecting Sign

4.1.	A Community Service Use in the form of Religious Assemblies are only allowed where lawfully existing at the time of the passage of the Bylaw adopting this Zone.
4.2.	Major Indoor Entertainment is limited to cultural exhibits or other similar activities.
4.3.	Each Food and Drink Service Use is limited to 120 m2 of Public Space.
4.4.	Cannabis Retail Stores must comply with Section 6.30 of the Zoning Bylaw.
4.5.	Centre City Temporary Parking must comply with Section 6.120 of the Zoning Bylaw.
4.6.	Child Care Services must comply with Section 6.40 of the Zoning Bylaw.
4.7.	Home Based Businesses must comply with Section 6.60 of the Zoning Bylaw.
4.8.	Lodging Houses and Supportive Housing must comply with Section 6.80 of the Zoning Bylaw.
4.9.	Signs must comply with Section 6.90 of the Zoning Bylaw, including Subsection 5 of Section 6.90.

5.1.	The maximum Floor Area Ratio is 3.0.
5.2.	The maximum Density is 300 Dwellings/ha.
5.3.	The maximum Height is 23.0 m.
5.4.	No Setbacks are required from Streets or Abutting Sites.
	5.4.1.	Where the Ground Floor of any development is designed for Commercial Uses, the Development Planner may allow a building Setback from the Street of up to 2.5 m, only to accommodate street related activities such as sidewalk cafés, colonnades, arcades, or plazas. The 2.5 m building Setback must not be used exclusively for Landscaping.
	5.4.2.	Where the Ground Floor of any development is designed for Residential Uses, the Development Planner may allow a building Setback from the Street of up to 4.5 m, only to provide physical separation from the Abutting Street for the Dwellings provided this Setback accommodates patios, courtyards, terraces, or other private amenity space directly associated with the abutting Dwelling. The 4.5 m building Setback for Residential Uses must not be used exclusively for Landscaping.
5.5	A 2.0 m Setback is required from an Alley and must contain Landscaping to provide an improved appearance of the Alley.

6.1.	Residential buildings with Commercial Uses on the ground floor must have access at ground level that is separate from the commercial premises.
6.2.	All mechanical equipment, including roof mechanical units, must be concealed by screening in a manner compatible with the architectural character of the building or concealed by incorporating it within the building.
6.3.	All buildings must include design elements such as, but not limited to, articulation of the Facade, the use of recessions and projections such as canopies, bay windows, and entrance features, and architectural features such as cornices, sign bands, pilasters, and parapets to reduce the perceived mass of the building, add architectural interest, and to promote the pedestrian scale of the Abutting Street.
6.4.	No portion of an above ground Parkade on the Ground Floor is allowed for a minimum depth of 10.0 m from any building Facade facing a Street.
6.5.	No portion of an above ground Parkade above the Ground Floor of the Podium portion of a building is allowed for a minimum depth of 6.0 m from any building Facade facing a Street.
	Explanatory Note Community identity, stability of ownership, and residential character all require that a relationship be developed between residents, businesses, and the neighbourhood. Minimum Setbacks for useable space, separating above ground parking from the front of a building, provides an opportunity for a range of building uses that bind people more fully to the community and thereby contribute to the character and identity of an area. The following graphic representation provides a possible conceptual application of these regulations 6.4 and 6.5 for interpretive purposes.
6.6.	Buildings must address all adjacent Streets, with individual entrances that are clearly visible to lend a sense of occupancy to the Street. Buildings on Corner Sites must address both Streets and must distinguish the Street intersection to give it prominence.
6.7.	Where a Dwelling is provided at ground level Abutting a Street, the principal entrance to the Dwelling must have direct external access to the adjacent public sidewalk.
6.8.	Where a Commercial Use is provided at ground level Abutting a Street, the principal entrance to the Use must have direct external access to the adjacent public sidewalk. A minimum of 50% of the Ground Floor portion of the Façade abutting a Street, must be comprised of clear, non-reflective glazing to promote pedestrian interaction and safety.
6.9.	At least 80% of the floor elevation of the Ground Floor must be no higher than 1.0 m above the mean Grade of the adjacent public sidewalk, at the property line.
6.10.	Any building with a single wall length greater than 15.0 m Abutting or visible from a Street must include design elements, materials, and articulation that reduce the perceived mass of the building Facade and add architectural interest.
6.11.	Blank walls (with or without windows) of an above ground Parkade must not be developed adjacent to, or visible from, any Street.
6.12.	The finishing of the first 3 Storeys of any development must consist of materials such as glass and glazed window wall systems, brick, stone, architectural concrete, and/or precast coloured concrete.
6.13.	The use of stucco as a finishing material is not permitted within the first 3 Storeys of any development. The use of stucco within the portion of any development above 3 Storeys is limited to a maximum of 15% of the exterior surface area of the portion of any development above 3 Storeys.
6.14.	Where Commercial Uses are developed on the Ground Floor of a building, weather protection in the form of a canopy at least 2.0 m wide or any other method suitable to the architectural style of the building or street theme, must be provided one Storey above sidewalk level to provide a comfortable environment for pedestrians.
6.15.	Main building entrances for any Use must be designed for universal accessibility. Level changes from the sidewalk to entrances of buildings must be minimized. Sidewalk furniture and other elements must be located out of the travel path to ensure they are not obstacles to building access.
6.16.	Where feasible, developments should provide gardens or patios on the top of the podium level and building rooftops to improve rooftop aesthetics and provide additional amenity space.

7.1.

Access to Parking Areas or Parkades must be from an Abutting Alley. If no Abutting Alley is present, access may be taken from an Abutting Street, to the satisfaction of the Development Planner in consultation with the City department responsible for transportation services. However, in no instance can access be taken from 105 Avenue NW, except where there is no Abutting Alley or Street other than 105 Avenue NW. Vehicular access from 105 Avenue NW must be in general conformance with the 105 Avenue Corridor Study and to the satisfaction of the Development Planner in consultation with the City department responsible for transportation services.

7.2.

No Surface Parking Lots are permitted Abutting any Street.

8.1.	No Amenity Area is required.
8.2.	Development on a Site must incorporate functional and decorative lighting to enhance the appearance of the building during the winter months, and, if applicable, to provide additional lighting for the 105 Avenue NW corridor.

9.1.	Prior to the issuance of a Development Permit, except for Development Permits for demolition or Sings, additional Environmental Site Assessment work, an Environmental Risk Management Plan and Remedial Action Plan, as required by the Development Planner, must be submitted and reviewed to the satisfaction of the Development Planner in consultation with the City department responsible for environmental planning. The Development Planner must 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 application.
9.2.	Site and building layouts must include design elements that take the principles of Crime Prevention Through Environmental Design (CPTED) into consideration. The Development Planner may, at their discretion, require a CPTED assessment prepared in accordance with Section 5.110 of the Zoning Bylaw to confirm this has been done to their satisfaction.
9.3.	Buildings must be designed through their massing and location, to avoid adverse microclimatic effects such as wind tunnelling, snow drifting, rain sheeting, shadowing, and loss of sunlight, both on and off-Site. The Development Planner may require the submission of a Wind Impact Assessment, and/or a Sun Shadow Impact Study to determine that proposed development achieves these objectives.

10.1.	If requested by the Development Planner as a means of implementing direction of a Redevelopment Levy for Parkland Acquisition from the North Edge Area Redevelopment Plan, the owner must submit a market value appraisal for the subject Site at the time of the submission of a Development Permit application for the purposes of determining the amount of the redevelopment levy that applies to the Site. The appraisal will estimate the market value of the subject Site, based on the highest and best use of the land, as if vacant, and with the effective date of valuation being within 30 days of Development Permit application. The appraisal report must be reviewed and accepted by the Development Planner in consultation with the City department responsible for land sales and appraisals. The redevelopment levy must be an amount representing 8% of the estimated market value of the Site, as if vacant, and must be paid to the City of Edmonton as a condition of the approval of a Development Permit. All redevelopment levies collected will be used to fund the acquisition of public parks space as identified in the North Edge Area Redevelopment Plan.
10.2.	The owner is responsible for the costs of the required streetscape improvements to the portion(s) of road right(s)-of-way Abutting a Site (from private property line to the new curb) that are identified by the 105 Avenue Corridor Study, and/or identified by the City. These costs must be paid to the City of Edmonton as a condition of the approval of a Development Permit. These streetscaping improvements may include, but are not limited to, new sidewalks, streetlights, boulevard landscaping, boulevard trees, street furniture, and/or the relocation of utilities underground.
10.3.	Where applicable, the Site plan submitted with a Development Permit application must indicate the coordination between development on the subject Site and the adjacent 105 Avenue NW corridor, in accordance with the 105 Avenue Corridor Study.
10.4.	The owner, when deemed necessary, is responsible for analyzing a portion of the sewer system affected by the development Site to determine sewer servicing and upgrading requirements to the satisfaction of the Development Planner in consultation with the City department responsible for drainage services. In addition, costs for relocating/abandoning sewer lines as a result of Street/Alley closures will be the responsibility of the owner.

Bylaw attachments