DC 21471

McKernan - northwest corner of 76 Avenue NW and 114 Street NW

Charter Bylaw 20440 (April 24, 2023)

Bylaw 21471 (April 7, 2026)

1.1.	To accommodate a mid-rise mixed use transit oriented development that is compatible with the surrounding neighbourhood context, with required non-Residential Uses in the southeast corner of the Site.

Residential Uses
3.1.	Home Based Business
3.2.	Residential, limited to:
	3.2.1.	Multi-unit Housing
	3.2.2.	Supportive Housing
Commercial Uses
3.3.	Bar
3.4.	Custom Manufacturing
3.5.	Food and Drink Service
3.6.	Health Service
3.7.	Indoor Sales and Service
3.8.	Minor Indoor Entertainment
3.9.	Office
3.10.	Residential Sales Centre
Community Uses
3.11.	Child Care Service
3.12.	Community Service
3.13.	Library
3.14.	Special Event
Sign Uses
3.15.	Fascia Sign
3.16.	Portable Sign
3.17.	Projecting Sign

Residential Uses
3.1.	Home Based Business
3.2.	Residential, limited to:
	3.2.1.	Multi-unit Housing
	3.2.2.	Supportive Housing
Commercial Uses
3.3.	Bar
3.4.	Custom Manufacturing
3.5.	Food and Drink Service
3.6.	Health Service
3.7.	Indoor Sales and Service
3.8.	Minor Indoor Entertainment
3.9.	Office
3.10.	Residential Sales Centre
Community Uses
3.11.	Child Care Service
3.12.	Community Service
3.13.	Library
3.14.	Special Event
Sign Uses
3.15.	Fascia Sign
3.16.	Portable Sign
3.17.	Projecting Sign

4.1.	Non-Residential Uses are limited to the Ground Floor.
4.2.	The total maximum combined ground-level Floor Area of all non-Residential Uses, except Residential Sales Centre is 650 m2.
4.3.	Community Services are limited to taxation offices, staffing and recruiting agencies, and social services offices.
4.4.	Each Food and Drink Service is limited to a maximum of 240 m2 of Public Space, excluding exterior patio/deck space. Exterior patio/deck spaces are limited to a maximum of 50% of the interior Public Space.
4.5.	Signs must comply with Section 6.90 of the Zoning Bylaw, including Subsection 4 of Section 6.90.
4.6.	Portable Signs are limited to project advertising associated with a Residential Sales Centre and must not include trailer-mounted signs or signs with changeable Copy.
4.7.	In reviewing an application for Development Permit for a Sign, the Development Planner must have regard for visual harmony and the compatibility of the proposed Sign with the architecture and finish of the development, and with the design, location and appearance of other Signs of the development.

5.1.	The development must be in general conformance with the attached Appendices.
5.2.	The maximum Height is 20.0 m.
5.3.	The maximum Floor Area Ratio is 3.6.
5.4.	The maximum number of Dwellings is 118.
	5.4.1.	A minimum of 47 Dwellings must have two bedrooms.
	5.4.2.	A minimum of 9 Dwellings must have three bedrooms.
5.5.	The minimum Setbacks for the building at Grade must be:
	5.5.1.	3.5 m from the north Lot line, except that the Setback:
		5.5.1.1.	must be a minimum of 5.0 m at ground level for the portion of the building above 14.5 m in Height for a minimum width of 11.0 m from the west building Facade;
		5.5.1.2.	must be a minimum of 5.0 m at ground level for the portion of the building above 14.5 m in Height for a minimum width of 3.5 m between 15.5 m and 20.5 m from the west building Facade;
		5.5.1.3.	must be a minimum of 5.0 m at ground level for the portion of the building above 14.5 m in Height for a minimum width of 11.0 m from the east building Facade; and
		5.5.1.4.	must be a minimum of 5.0 m at ground level for the portion of the building above 14.5 m in Height for a minimum width of 3.5 m between 15.5m and 20.5 m from the east building Façade.
	5.5.2.	4.0 m from the south Lot line, except that a minimum 5.5m Setback must be provided above 17.5 m in Height for a minimum distance of 38.0 m from the west building Façade.
	5.5.3.	1.5 m from the east Lot line.
	5.5.4.	4.5 m from the west Lot line, except that a minimum 6.0 m Setback must be provided above 14.5 m in Height.
	5.5.5.	The rooftop Amenity Area must have a minimum Setback of:
		5.5.5.1.	19.5 m from the north Lot line; and
		5.5.5.2.	39.0 m from the west Lot line;
5.6.	The portions of the underground Parkade are not subject to any Setbacks and may extend to those Lot lines, provided there is sufficient soil capacity to support any required Landscaping, to the satisfaction of the Development Planner.

Public Realm Interface
6.1.	Residential Uses must have access that is separate from non-Residential Uses.
6.2.	The development must incorporate, at a minimum, a prominent residential entrance facing 76 Avenue NW and a non-Residential entrance facing 76 Avenue NW through distinct architectural treatment to the satisfaction of the Development Planner.
Relationship Between the Ground Floor of the East Facade of the Building and the North-South Shared-Use Path
6.3.	The ground level of the east frontage must include a colonnade with canopy, metal railing with transparent glazing, and hardsurfaced pavement to complement an interesting building frontage facing the shared-use path and McKernan-Belgravia LRT station.
Ground Level Non-Residential Required - Southeast Corner of the Site (see Site Plan Appendix)
6.4.	Ground Level Non-Residential Uses are required, and must be provided in general conformance with the Appendix titled "Site Plan".
6.5.	The placement and type of windows must allow viewing into the building to promote a positive pedestrian-oriented street.
6.6.	A minimum of 70% of the linear frontage of the required non-Residential Uses must consist of transparent glazing. Linear frontage must be measured as the horizontal plane at 1.5 m above the finished Grade of the Abutting sidewalk.
Ground Oriented Residential Required - Alley (see Site Plan Appendix)
6.7.	Ground oriented Residential is required, and must be provided in general conformance with the Appendix titled "Site Plan".
6.8.	Individual external entrances featuring visible individual doorways with weather protection in the form of canopies or other architectural elements must be provided. Sliding patio doors must not serve as the entrances to these Dwellings.
6.9.	Private outdoor Amenity Area in front of the individual external entrance must be provided using features such as landscaped terraces, human-scaled lighting, patios, decorative fencing, change in grade, shrub beds or rock gardens.
Ground Oriented Residential (Ground Level Non-Residential Allowed) - 76 Ave NW (see Site Plan Appendix)
6.10.	For ground-oriented Residential Uses, the following apply:
	6.10.1.	A minimum of three ground-oriented Dwellings must be provided fronting on 76 Ave NW.
	6.10.2.	Dwellings must be a minimum of two Storeys.
	6.10.3.	A minimum of 2 bedrooms must be provided per ground-oriented Dwelling.
	6.10.4.	A private outdoor Amenity Area in front of the individual external entrances must be provided using features such as landscaped terraces, human-scaled lighting, patios, decorative fencing, change in grade, shrub beds or rock gardens.
6.11.	For ground-oriented Residential or ground level non-Residential Uses, the following apply:
	6.11.1.	Ground Level Uses must be provided in general conformance with the Appendix titled "Site Plan".
	6.11.2.	Individual external entrances featuring visible individual doorways with weather protection in the form of canopies or other architectural elements must be provided to create a comfortable environment for pedestrians. Sliding patio doors must not serve as the entrances.
	6.11.3.	A minimum of 50% of the linear frontage must consist of transparent glazing. Linear frontage must be measured as the horizontal plane at 1.5 m above the finished Grade of the Abutting sidewalk.
	6.11.4.	The units must be designed to break their appearance both horizontally between the second and third Storeys, and vertically to compartmentalize each individual unit using a combination of changes in building materials, colours or physical breaks in building mass as generally shown in Appendix 2a.
	6.11.5.	Building materials must be used in vertical groupings to delineate and articulate the features of the Facades and create human-scaled interaction at the street level.
Ground Level Non-Residential Allowed - 114 St NW (see Site Plan Appendix)
6.12	Ground Level Uses must be provided in general conformance with the Appendix titled "Site Plan".
6.13.	A minimum of 50% of the linear frontage must consist of transparent glazing. Linear frontage must be measured as the horizontal plane at 1.5 m above the finished Grade.
Architectural Treatment and Building Relationship to the Street
6.14.	All building Facades must have consistent and harmonious exterior finishing materials.
6.15.	The development must incorporate design elements to reduce the perceived mass and add architectural interest, including articulation of the Facades, using a defined pattern of projections or recessions, and a variety of exterior building cladding materials and colours as generally shown in the Appendices of this Zone.
6.16.	The building must be finished with materials such as Hardie panels, cementitious panels, cultured stone, wood-look slats, flat-wood panels, glass and glazed windows. The contextual fit, design, proportion, quality, texture, and application of various finishing materials must be in general conformance with Appendices 2a through 2d of this Zone.
Building Form
6.17.	The following features may project into a required Setback:
	16.17.1.	Platform Structures in the form of balconies are allowed to project a maximum of 1.5 m into the west and south Setbacks and 1.0 m into the east and north Setbacks.
	16.17.2.	Ground-level patios are allowed to project to the north, south and east Lot lines as shown in Appendix 1.
	16.17.3.	Weather protection elements in the form of a canopy or other architectural element must be provided to create a comfortable environment for pedestrians, as follows:
		16.17.3.1.	Above the main entrances facing 76 Avenue NW may project a maximum of 2.5 m into the south Setback.
		16.17.3.2.	Above the ground level along the east building Facade, may project up to the east Lot line.
16.18.	The southeast corner of the rooftop must provide enhancements to improve rooftop aesthetics. These enhancements may include but are not limited to, landscape features, Amenity Areas, screening elements or improved aesthetic rooftop materials.
Mechanical Equipment
6.19.	All mechanical equipment, including roof mechanical units, and surface-level venting systems must 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 must be oriented away from adjacent Sites, or on-Site amenities or pedestrian circulation areas.
Waste Collection
6.20.	Waste collection, storage areas, and loading must be located within the Site, accessed from the rear Alley Abutting the development, and enclosed with consistent materials to provide screening from view from the Alley to the satisfaction of the Development Planner in consultation with the city department responsible for Waste Management, Subdivision and Development Coordination (Transportation), and City Operations.

7.1.	All vehicular access and egress must be provided from the rear Alley Abutting the Site.
7.2.	All vehicular parking must be provided in an underground Parkade, except the car share parking stall which may be located at ground level and accessible from the Alley.
7.3.	Entrances to the underground Parkade must minimize the physical and visual impact of the entrances and doors to the rear Alley Abutting the development.
7.4.	Bicycle Parking spaces and facility must be provided based on Section 5.80 of the Zoning Bylaw and the following:
	7.4.1.	Bicycle parking must be provided at a minimum rate of 1.0 spaces per Dwelling.
		7.4.1.1.	Bicycle Parking must be in a safe and secure location in the underground Parkade or in another secure location within the building that is easily accessible to cyclists via access ramps, or a route through the building which facilitates easy and efficient transportation of bicycles.
		7.4.1.2.	A minimum of 16 Bicycle Parking spaces must be short-term spaces and must be conveniently located near the main residential and non-Residential entrance, the shared-use path, or within the public realm space between the Site and the McKernan/Belgravia LRT station.
	7.4.2.	Two Bicycle Parking spaces must be provided for cargo bikes. The minimum size of the cargo bike parking space is 2.6 m long by 0.9 m wide, with a 3.0 m aisle.
	7.4.3.	A bicycle repair facility must be provided on-Site inside the building for residents-use only and must include a washing facility.
7.5.	A minimum of one (1) vehicular parking space must be used to accommodate vehicles from a car-share program as follows:
	7.5.1.	The car-share program may be operated by the owner or a third-party vendor.
	7.5.2.	Should this program not be implementable following a minimum 2 year term of operation, the space may be used for visitor or non-Residential parking.

8.1.	Despite the Landscaping regulations of the Zoning Bylaw, the development must have a minimum of 17 trees and 43 shrubs in total, in general conformance with Appendix 3.
8.2.	A detailed Landscape Plan for the Site, prepared by a Landscape Architect registered with the Alberta Association of Landscape Architects (AALA), including all existing and proposed utilities and off-Site streetscape improvements within the road right-of-way, must be submitted as part of a Development Permit application for review and approval by the Development Planner.
8.3.	The following must apply and be shown on the required Landscape Plan:
	8.3.1.	landscaping must use plant materials that provide colour throughout the year to enhance appearance during winter months and must incorporate native and/or drought-tolerant species;
	8.3.2.	In addition to the requirements in the Zoning Bylaw, the Landscaping Plan must demonstrate:
		8.3.2.1.	At ground level, where Setbacks are provided in front of Residential Uses fronting onto a Street including the Alley, a transition area must be provided from public to private property using landscape features such as decorative fencing, change in grade, shrub beds, planters, rock gardens or other built element;
		8.3.2.2.	A 1.83 m decorative screen fence must be provided along the entire length of the west Lot line except within the Setback from 76 Avenue NW; and
		8.3.2.3.	Landscaping in the form of raised planters with shrubs or perennials around the Amenity Areas on the Rooftop Amenity Area.
Amenity Areas
8.4.	A minimum average Amenity Area of 7.5 m2 per Dwelling must be provided through the following:
	8.4.1.	Common Indoor Amenity Areas which may include, but are not limited to, lounge, change room facilities, bicycle repair area, or fitness facilities;
	8.4.2.	Outdoor Amenity Areas on the Rooftop Terrace; or
	8.4.3.	Platform Structures in the form of balconies with a minimum depth of 1.5 m.
Lighting
8.5.	Decorative and security lighting must be designed and finished in a manner consistent with the architectural theme of the development and must be provided to ensure a well-lit and safe environment for pedestrians, to accentuate architectural elements, and to provide additional lighting for 76 Avenue NW and the rear Alley.
8.6.	Exterior lighting associated with the development must be designed such that it has minimal negative impact on an adjacent property.
8.7.	Night-time light pollution must be reduced by avoiding over-illumination of the development and by using exterior lighting fixtures that are cut-off in design which direct light downward, to ensure illumination does not extend beyond the boundaries of the development Site.

9.1.	Site and building layouts must 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 must 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 Planner 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.
9.2.	A Wind Impact Assessment in the form of a Quantitative Wind Impact Study (computational fluid dynamics (CFD)) must be prepared by a qualified, registered Professional Engineer and submitted with the Development Permit application for construction of the principal building. Prior to the issuance of the Development Permit, any mitigation measures to minimize adverse microclimatic effects, such as snow drifting and rain sheeting, recommended by the study must be incorporated into the design of the building, to the satisfaction of the Development Planner, to ensure on and off-Site pedestrian circulation areas, Amenity Areas and open spaces are fit for the intended activities.
9.3.	An arborist report and tree preservation plan to the satisfaction of the Development Planner in consultation with the City department responsible for Urban Forestry, must 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 76 Avenue NW. If required by the Development Planner, an air spading tool must be used to determine the amount and size of roots that may need to be cut for the foundation wall, if:
	9.3.1.	the arborist report indicates that the development will unduly compromise the ongoing viability and health of a tree or trees, each tree must be removed as part of the redevelopment of the Site. The owner is 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 Development Planner, each tree removed must 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
	9.3.2.	the arborist report indicates that the development will not unduly compromise the ongoing viability and health of a tree or trees, each tree must be retained and protected as per the City’s Corporate Tree Management Policy C456C.
9.4.	Despite the Site and Building Regulations of this Zone, the Appendices of this Zone and Section 7.80 of the Zoning Bylaw, if the owner or developer does not obtain a valid Development Permit and Building Permit for a principal building within 7 years of the passage of the Bylaw adopting this Zone, development of the Site must be in accordance with this Zone, except that:
	9.4.1.	the maximum Height is 16.5 m; and
	9.4.2.	the maximum Floor Area Ratio is 3.5.

10.1.	As a condition of the Development Permit for constructing a principal building, the owner must enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development. The Agreement must include an engineering drawing review and approval process. Improvements must be constructed at the owner’s cost and must be designed to the satisfaction of the Development Planner in consultation with the City departments responsible for Subdivision and Development Coordination (Transportation), City Operations, Integrated Infrastructure Services, EPCOR Water Services, Drainage, and others as required. Improvements to address in the Agreement must include, but are not limited to:
	10.1.1.	the storm and sanitary drainage systems required to service the development, including any on-site stormwater management, must be in general conformance with the Drainage Servicing Report to the satisfaction of the Development Planner in consultation with Development Services (Drainage);
	10.1.2.	fire hydrants will be provided to the satisfaction of the Development Planner in consultation with EPCOR Water Services. The owner must submit documentation that demonstrates, to the satisfaction of the Development Planner in consultation with Fire Rescue Services and EPCOR Water Services, that the fire flows and water servicing to the Site will be adequate for the proposed building and construction type and be in accordance with the City of Edmonton Design and Construction Standards. The Development Planner must verify that any infrastructure upgrades or systems required to ensure these standards are met must be implemented in the design of the building or through off-site improvements;
	10.1.3.	the provision of a 0.5 m Setback from the north Lot line to allow for additional functional Alley width for vehicular traffic. The Setback must be Hardsurfaced and be kept free of any physical obstructions;
	10.1.4.	upgrading the east-west Alley Abutting the Site to a commercial Alley standard within the available right-of-way from the east property line to the north-south Alley west of the Site;
	10.1.5.	upgrading the north-south Alley west of the Site to a commercial Alley standard within the available rights-of-way between 76 Avenue NW and the east-west Alley;
	10.1.6.	repair of any damage to the Abutting roadways including portions below Grade, sidewalks and boulevard including Abutting shared-used paths and LRT right-of-way and Station resulting from the construction of the development, replacement of any street furniture including lamps, benches, bollards or planters, that are removed or damaged due to construction of the development;
	10.1.7.	construction of public realm improvements on the area Abutting the east Lot line of the development which may include the replacement of the existing retaining wall. Improvements must be in general conformance with Appendix 4 and must:
		10.1.7.1.	be designed and constructed in accordance with the City's Design and Construction Standards in consultation with the City department responsible for Parks and Road Services (City Operations);
		10.1.7.2.	integrate 114 Street shared-use path by adding direct connections to the east-west Alley, and the improvements within public right-of-way;
		10.1.7.3.	have regard for Crime Prevention Through Environmental Design principles to provide safe and defensible space, clear sightlines into and through the Site, adequate lighting, and provision of multiple access points; and
		10.1.7.4.	provide amenities which may include features such as, but not limited to, hard or soft Landscaping, seating areas, Bicycle Parking or eScooter parking; and
	10.1.8.	a bicycle repair facility off-Site on the adjacent public boulevard along 76 Avenue NW right-of-way for public use to the satisfaction of the Development Planner in consultation with the City departments responsible for Subdivision and Development Coordination (Transportation), Parks and Roads Services (City Operations). A License of Occupation or a Maintenance Agreement is required for any infrastructure installed on public Right-of-Way.
10.2.	As a condition of the development permit for the construction of the principal building, the applicant or owner must provide information on the construction methodology and identify potential impacts to the LRT right-of-way and Station including shared-use path, retaining walls, ramps, stairs, and 114 Street pedestrian tunnel areas, to the satisfaction of the Development Planner in consultation with the City department responsible for Planning Coordination (Transit), identifying the depth and location of any proposed excavation associated with the development and where applicable, enter into agreements with the City to evaluate and monitor any impacts to LRT infrastructure.
10.3.	As a condition of the development permit for the construction of the principal building, the owner must enter into an agreement with the City of Edmonton to contribute funds in the amount of $20,000 to the McKernan Community League for an off-Site amenity for enhancements to the ‘Charles Simmonds Park’ located at 7830 – 115 Street NW, legally described as Lot 44, Block 2, Plan 2831HW with specific details to be determined between the City of Edmonton and the McKernan Community League.
	10.3.1.	The funds must be submitted to the City prior to the issuance of the Development Permit and be disbursed by the City according to a separate agreement between the City and the McKernan Community League.
	10.3.2.	If at the time of the agreement execution, enhancements to ‘Charles Simmonds Park’ have already been completed or are funded, the funds must be used for an alternative off-Site public amenity within the McKernan neighbourhood with specific details to be determined between the Owner and the City in consultation with the McKernan Community.
	10.3.3.	Notwithstanding the above, if a Development Permit application has not been made within five (5) years of the date of approval of the Bylaw adopting this Zone this contribution amount must be increased from that point forward according to the annual rate of national inflation as determined by Statistics Canada.

Bylaw attachments

Bylaw 21471 Schedule A Map (294.26 KB)

DC 21471 Appendices (10.82 MB)