Part 13: COMMERCIAL RESIDENTIAL DISTRICTS

Division 3: Commercial Residential District (CR20-C20/R20) Incentive Density

Incentive Density Calculation Method

1332    (1)             The floor area ratio of the Commercial Residential District (CR20-C20/R20) may be increased in accordance with the incentive provisions of this Division to a maximum total of 20.0 floor area ratio.

(2)             The amount of additional gross floor area achieved by providing the requirements of the public amenity items in Table 8 are calculated as a floor area ratio, an Incentive Ratio or an Incentive Rate.

(3)             An Incentive Rate indicates that the amount of additional gross floor area will be calculated by dividing the cost of the provided public amenity item in Table 8, or the amount of contribution to a fund, by the respective Incentive Rate as established by Council where the following Incentive Rates apply:

(a)        Incentive Rate 1 is $296.00 per square metre;

(b)        Incentive Rate 2 is $242.00 per square metre;

(c)        Incentive Rate 3 is $194.00 per square metre; and

(d)        Incentive Rate 4 is $43.00 per square metre.

(4)              Public amenity items that must or may be provided to achieve additional gross floor area are shown in Table 7.

(5)             Unless otherwise specified in this Part, a public amenity item for which additional gross floor area has been achieved must be maintained on the parcel for so long as the development exists.

(6)             The Development Authority must determine whether a proposed amenity item is appropriate for the development.

(7)              Where a parcel contains a building designated as a Municipal Historic Resource pursuant to the Historical Resources Act by a Bylaw approved by Council:

(a)        the maximum floor area ratio is the floor area ratio that exists at the time of designation;

(b)        for the purpose of calculating incentive floor area ratio only, the difference between the maximum floor area ratio of a building designated as a Municipal Historic Resource and a floor area ratio of 10.0 may be transferred to another parcel in accordance with the incentive provisions contained in Table 8, item 8.13;

(c)        the floor area ratio may be increased by up to an additional 2.0 floor area ratio to a total of 12.0 where retention costs, which include costs for repair, restoration and improvement of the historic building as approved by the Development Authority, are incurred; and

(d)        the transferable floor area ratio achieved through retention costs is transferred as gross floor area and calculated by dividing the retention costs by Incentive Rate 3.

 

(8)             Where a building is legally existing or approved prior to the parcel being designated CR20-C20/R20 the floor area ratio  of the building  is deemed to conform to the minimum and maximum requirements of this Bylaw.

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Table 7: Summary of Incentive Provisions

Type of use

Parcel area requirement

Max. floor area ratio

Additional incentive
floor area ratio

Max. possible floor area ratio

Public amenity items that must be provided

Assisted Living, Dwelling Units, Live Work Units

none

3.0

12.0

15.0

Table 8 item 8.0.4(a), (b) and (c).

3.0

17.0

20.0

Table 8 item 8.0.4(a), (b) and (c); and

Combination of the public amenities in Table 8 items 8.1 to 8.28.

Hotel*

none

3.0

4.0

7.0

Table 8 item 8.0.4(a), (b) and (c).

3.0

17.0

20.0

Table 8 item 8.0.4(a), (b) and (c); and 

Combination of the public amenities in Table 8 items 8.1 to 8.28.

All other uses

Less than 1812.0 square metres

3.0

6.0

9.0

Table 8 item 8.0.4(a), (b) and (c).

3.0

17.0

20.0

Table 8 item 8.0.4(a), (b) and (c); and

Combination of the public amenities in Table 8 items 8.1 to 8.28.

Greater than or equal to 1812.0 square metres to a maximum of 3020.0 square metres

3.0

A floor area ratio of 6.0 decreasing proportionately to a floor area ratio of 4.0 as the area of the parcel increases to a maximum area of 3020.0 square metres

7.0 to 9.0

Table 8 item 8.0.4(a), (b) and (c).

3.0

17.0

20.0

Table 8 item 8.0.4(a), (b) and (c); and Combination of the public amenities in Table 8 items 8.1 to 8.28.

Greater than 3020.0 square metres

3.0

4.0

7.0

Table 8 item 8.0.4(a), (b) and (c).

3.0

5.0

8.0

Table 8 item 8.0.4(a), (b) and (c); and

Item 8.1 Contribution to Central Business District Improvement Fund.

3.0

17.0

20.0

Table 8 item 8.0.4(a), (b) and (c); and

Item 8.1 Contribution to Central Business District Improvement Fund; and

Combination of the public amenities in Table 8 items 8.2 to 8.28.

* Additional floor area ratio achieved through provision of public amenity items must only be used for this use.

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Table 8: Public Amenity Items

Overview

8.0            On-Site Pedestrian Amenities

8.1            Contribution to Central Business District Improvement Fund Rate 2

8.2            Public Open Space

8.3            Indoor Park

8.4            Urban Grove

8.5            Public Art – On Site

8.6            Public Art – Contribution to Public Art Fund

8.7            Green Building Features

8.7.1      Environmental Roof

8.7.2      Green Wall

8.7.3      Bioretention Structure

8.7.4      District Energy Connection Ability

8.7.5      District Energy Connection

8.7.6      On-site Cogeneration Facility

8.7.7      Electric Vehicle Charging Stations

8.7.8      Additional Bicycle Parking Stalls

8.8            Bicycle Station

8.9           Transit Enhancements

8.10          Active Arts Space

8.11          Cultural Support Space

8.12          Community Support Facilities

8.13          Heritage Density Transfer

8.14          Historic Resource Retention

8.15          Density Transfer for Sunlight Preservation

8.16          Density Transfer for Adaptive Reuse

8.17          Adaptive Reuse

8.18          Design for Universal Accessibility

8.19          Dwelling Unit Mix

8.20          Innovative Public Amenity

8.21          Exceptional Design

8.22          Indoor Public Hotel Space

8.23          +15 Skywalk System Bridge

8.24          +15 Skywalk System Feature Access

8.25          Active +15 Skywalk System Walkway

8.26          Contribution to Affordable Housing Fund

8.27          Contribution to Central Business District Improvement Fund Rate 3

8.28          Contribution to Central Business District Improvement Fund Rate 4

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Item  No.

Public Amenity Items

8.0

ON-SITE PEDESTRIAN AMENITIES

On-site pedestrian amenities are spaces at grade and at the +15 Skywalk System level intended and designed to enable pedestrian movement. These amenities entail additional pedestrian space at grade and provisions for the connection to, and implementation of +15 Skywalk System walkways through the development. The diagram in 8.0.5 illustrates a potential implementation of the requirements of 8.0.4.

8.0.1

The maximum incentive floor area ratio for this item is:

(a)  a floor area ratio of 12.0 for any use listed in the Residential Group of Schedule A of this Bylaw, with the exception of Hotel where all requirements of 8.0.4 are met; and

(b)  a floor area ratio of 4.0 for all other uses where the requirements of item

       8.0.4 are met.

8.0.2

Incentive calculation is as follows:

Where a development provides on-site pedestrian amenities:

(a)  the additional floor area ratio is 12.0 where all requirements of items 8.0.4 are met and the use is in the Residential Group of Schedule A of this Bylaw, with the exception of Hotel; and

(b)  the additional floor area ratio is 4.0 for all other uses where all requirements of 8.0.4 are met.

8.0.3

The minimum floor area ratio that must be achieved prior to use of this item is none.

8.0.4

Requirements:

On-site pedestrian amenities include the following:

 

(a)  at grade pedestrian circulation – public sidewalk setback area where:

(i)     the portion of a parcel adjacent to a street must be a hard surface landscaped area and:

(A)    where it is part of an arcade must provide, an unobstructed depth of a minimum of 3.5 metres that does not contain structural elements of a building between grade and the bottom of the storey above; and

(B)   where it is not part of an arcade, must not contain structural elements of a building between grade and the bottom of the storey above for a minimum depth of 2.2 metres;

(b)  at grade pedestrian circulation provided within a triangular area formed on a corner parcel by the two property lines, as determined by Table 1, Road Rights-of-Way, and a straight line which intersects them 7.5 metres from where they meet which:

(i)    must not contain any buildings within 3.0 metres from where they meet;

(ii)   may only contain pillars and structural supports in areas which are greater than 3.0 metres of where they meet; and

(iii)   must be a minimum height of 4.6 metres measured vertically from grade;

(c)  +15 Skywalk System provisions where:

(i)    +15 Skywalk System  elements for potential connection to the +15 Skywalk System on the parcel and to adjoining parcels:

(A)    +15 Skywalk System walkway with an unobstructed width of 4.5 metres oriented in a manner that provides the greatest opportunity for connection to, and extension of, the +15 Skywalk System, as shown on a plan approved by the Development Authority;

(B)   structural supports, at locations indicated on a plan approved by the Development Authority, that would allow for possible expansion of the +15 Skywalk System by way of a +15 Skywalk System bridge which must be  incorporated into the overall structure and design of the building; and

(C)  vertical movement opportunities between grade and the second storey within a building, which must include:

(I)      a publicly accessible elevator; and

(II)    either a pair of escalators or a staircase with a minimum unobstructed width of 2.0 metres; and

(ii)   a financial contribution to the +15 Skywalk System Fund in accordance with the +15 Policy.

8.0.5

Diagram: (not to scale)

Pedestrian Amenities.jpg

Pedestrian Amenities.jpg

+15 Provisions.jpg

8.1

CONTRIBUTION TO CENTRAL BUSINESS DISTRICT IMPROVEMENT FUND RATE 2

Financial contributions to a dedicated fund to be used to support off-site public realm improvements in the CR20-C20/R20 district. Off site public realm improvements include, but are not limited to, improvements to public sidewalks, squares and parks and the acquisition of land for public squares and parks.

8.1.1

The maximum incentive floor area ratio for this item is 1.0.

8.1.2

Incentive calculation:

Where a development provides a contribution to the Central Business District Improvement Fund Rate 2 the applicable Incentive Rate is Incentive Rate 2.

Method

(a)  where a development contains

(i)   a total gross floor area of uses listed in the Residential Group of Schedule A of this Bylaw that is equal to or greater than 2.0 floor area ratio; and

(ii)  a gross floor area of uses listed in the Residential Group of Schedule A of this Bylaw that is equal to or greater than 2.0 floor area ratio, no contribution to this item is required;

(b)  in all other cases the incentive gross floor area (square metres) = contribution amount ($) divided by Incentive Rate 2 ($).

8.1.3

The minimum floor area ratio that must be achieved prior to use of this item is 7.0.

8.1.4

Requirements:

A contribution must be made to the Central Business District Improvement Fund for the development.

8.2

PUBLIC OPEN SPACE

A public open space is a landscaped, publicly accessible, pedestrian space that is open to the sky and is located at grade. It may be soft or hard landscaped. The diagram in 8.2.5 illustrates a potential implementation of the requirements of 8.2.4.

8.2.1

The maximum incentive floor area ratio for this item is 4.0.

8.2.2

Incentive calculation:

Where a development provides a public open space the Incentive Ratio is 1:5.

Method:

Incentive gross floor area (square metres) = area of the public open space provided (square metres) multiplied by 5.0.

8.2.3

Minimum Floor Area Ratio Requirement:

(a)   for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.2.4

Requirements:

A public open space includes the following:

(a)   a location at  grade or within 0.45 metres above or below  grade;

(b)  a location adjacent to, and accessible from, a public sidewalk;

(c)  where the public open space shares a perimeter with a public sidewalk, hard surfaced landscaped area for a minimum of 40.0 per cent of that perimeter to enable direct pedestrian access from the sidewalk;

(d)  a building along a minimum of 70.0 per cent of one side of its perimeter;

(e)  a minimum contiguous area of the lesser of 10.0 per cent of the cumulative parcel area or:

(i)   250.0 square metres for sites greater than or equal to 1812.0 square metres in area; or

(ii)  150.0 square metres for sites of less than 1812.0 square metres in area;

(f)   a depth that is not greater than 3.0 times the street frontage;

(g)  a maximum combined width of all entranceways to Office of the greater of:

(i)   25.0 per cent of the building frontages forming the public square’s perimeter; and

(ii)  15.0 metres;

(h)  where mechanical systems or equipment are located inside the perimeter of the public open space, they must be screened and their surface areas are not included in the area calculation of the public open space;

(i)   public seating as individual fixed seats or bench seating;

(j)   hard surfaced areas that exceed any minimum standards for hard surfaced landscaped areas as established in this Bylaw;

(k)  a maximum cumulative total of 50.0 per cent of the area of the public square used as an Outdoor Café;

(l)   where an Outdoor Café is enclosed by a fence, a fence design that can be removed; and

(m) ensured public access 24 hours a day, seven days a week through a public access agreement.

8.2.5

Diagram: (not to scale)

 

 

8.3

INDOOR PARK

An indoor park is a publicly accessible, primarily glazed space containing plants that grows year round. An indoor park can either be fully integrated into the building or it can protrude, or be separate from, the building. The diagram in 8.3.5 illustrates a potential implementation of the requirements of 8.3.4.

8.3.1

The maximum incentive floor area ratio for this item is 4.5.

8.3.2

Incentive calculation:

Where a development provides an indoor park:

(a)  the Incentive Ratio is 1:10 for indoor park areas with building above; and

(b)  the Incentive Ratio is 1:15 for indoor park areas with no building above.

Method:

(a)  incentive gross floor area (square metres) = gross floor area of the amenity space provided where there is building above (square metres) multiplied by 10.0;

(b)  incentive gross floor area (square metres) = gross floor area of the amenity space provided where there is no building above (square metres) multiplied by 15.0.

8.3.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.3.4

Requirements:

An indoor park includes the following:

(a)  a public access agreement for the hours of operation defined in the +15

       Policy;

(b)  a minimum width of 9.0 metres;

(c)  a minimum horizontal depth of:

(i)    4.0 metres where there is building above; and

(ii)   5.0 metres where there is no building above;

(d)  a minimum vertical clearance between floor and roof or ceiling of:

(i)   4.0 metres where there is building above;

(ii)  5.0 metres where there is no building above and the roof or ceiling is glazed; or

(iii) 8.0 metres where there is no building above and the roof or ceiling is not glazed;

(e)  Where there is building above, a vertical clearance that is equal to or greater than 60.0 per cent of the horizontal depth of the indoor park space;

(f) where there is building above, a minimum contiguous area of 100.0 square metres, excluding access ways to elevators and +15 Skywalk System walkways;

(g)  a maximum depth of non-glazed roof areas of 8.0 metres;

(h) exterior walls that are clear glazed or consist primarily of windows except where the walls abut another parcel and where they contain structural elements of the building;

(i)  a design as a distinct space within the building that is separate from a

      lobby;

(j)   where at grade level it:

(i)  is visible from the public sidewalk;

(ii)  has a public entrance;

(iii) does not contain a +15 Skywalk System walkway greater than 4.5 metres in width where the +15 Skywalk System walkway covers a portion of the indoor park;

(k)  where at the +15 Skywalk System level it:

(i)    is visible from the +15 Skywalk System walkway;

(ii)   has direct access to +15 Skywalk System walkway;

(iii)  contains for the entire length where it abuts a +15 Skywalk System walkway either glazed walls, with direct access between the +15 +15 Skywalk System walkway and the indoor park at least every 9.0 metres, or a completely open area without barriers;

(l)   a minimum of 25.0 per cent of the gross floor area that is soft surfaced landscaped area;

(m)  public seating as individual fixed seats or bench seating; and

(n)  a maximum of 20.0 per cent of the gross floor area that is dedicated to seating for a use within the Eating and Drinking Group in Schedule A to this Bylaw.

8.3.5

 

Diagram: (not to scale)

8.4

URBAN GROVE

An urban grove is a cohesive planting area accommodating at least 10 trees, for an average 25-year life span for each tree. The purpose of the urban grove is to contribute to greening the city by providing cohesive groups of trees in the streetscape. The diagram in 8.4.5 illustrates a potential implementation of the requirements of 8.4.4.

8.4.1

The maximum incentive floor area ratio for this item is 1.0.

8.4.2

Incentive calculation:

Where a development provides an urban grove the Incentive Ratio is 1:8.

Method:

Incentive gross floor area (square metres) = area of the amenity space provided (square metres) multiplied by 8.0.

8.4.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.4.4

Requirements:

An urban grove includes the following:

(a)  a location visible from the public sidewalk or an on-site pedestrian space;

(b)  a minimum of 10.0 trees, 60.0 per cent of which are to be of the same species;

(c)  trees of a species capable of healthy growth in Calgary that must conform to the standards of the Canadian Nursery Landscape Association;

(d)  trees with an average 25-year life span;

(e)  9.0 square metres of planting area for each tree planted;

(f)  a maximum of 25.0 per cent coniferous trees of all trees provided;

(g)  a minimum calliper size of 85.0 millimetres at the time of planting for deciduous trees;

(h) a minimum height of 3.0 metres at the time of planting for coniferous trees;

(i)  a location within 0.45 metres above the grade of the adjoining public sidewalk where the urban grove is provided in a raised bed; and

(j) an underground irrigation system.

8.4.5

Diagram: (not to scale)

 

 

8.5

PUBLIC ART – ON SITE

Public art is publicly accessible art of any kind that is permanently suspended, attached to a wall or other surface, or otherwise integrated into a development. It is privately owned and must be an original piece of art in any style, expression, genre or media, created by a recognized artist.

8.5.1

The maximum incentive floor area ratio for this item is a cumulative total of 1.5 for items 8.5 and 8.6.

8.5.2

Incentive calculation:

Where a development provides public art – on site the Incentive Rate is Incentive Rate 1.

Method:

Incentive gross floor area (square metres) = value of the artwork ($) divided by Incentive Rate 1 ($).

Where a development provides both items 8.5 and 8.6, the total additional gross floor area is the sum of items 8.5 and 8.6 and must not exceed 1.5 floor area ratio.

8.5.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.5.4

Requirements:

Public art – on site includes the following:

(a)  artwork, the minimum value of which must be:

(i)   $200000.00 for sites equal to or greater than 1812.0 square metres in area; or

(ii)  $50000.00 for sites of less than 1812.0 square metres in area;

(b)  the work of a recognized artist, i.e. created by a practitioner in the visual arts;

(c)  a location in a publicly accessible area; and

(d)  a minimum of 75.0 per cent of the artwork located either:

(i)   outdoors, at grade and visible from the public sidewalk;

(ii)  on the building’s exterior and visible from the public sidewalk; or

(iii) in the +15 Skywalk System walkway or in an indoor park and visible from the publicly accessible landscaped areas or the public sidewalk at all times.

8.6

PUBLIC ART – CONTRIBUTION TO PUBLIC ART FUND

Public art – contribution to public art fund is a financial contribution to a civic fund with the purpose of providing art on public land in the
CR20-C20/R20 District.

8.6.1

The maximum incentive floor area ratio for this item is a cumulative total of 1.5 for items 8.5 and 8.6.

8.6.2

Incentive calculation:

Where a development provides a contribution to the public art fund the Incentive Rate is Incentive Rate 2.

Method:

Incentive gross floor area (square metres) = value of the contribution to the public art fund ($) divided by Incentive Rate 2 ($).

8.6.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7

GREEN BUILDING FEATURES

Green building features are physical components of a building that contribute to improving the local environment adjacent to the building. Improvements focus on enhancing air quality, reducing stormwater runoff, and improving the visual environment.

8.7.0(a)

The maximum incentive floor area ratio for items 8.7.1 to 8.7.8 is a cumulative total of 2.5 for any combination of items 8.7.1 to 8.7.8.

8.7.0(b)

Incentive calculation:

See incentive items 8.7.1 - 8.7.8.

8.7.0(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of items 8.7.1 to 8.7.8 is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of items 8.7.1 to 8.7.8 is: 8.0.

8.7.1

ENVIRONMENTAL ROOF

An environmental roof is a roof that is designed to retain stormwater on site or to contain plants.

8.7.1(a)

The maximum incentive floor area ratio for this item is 0.7.

8.7.1(b)

Incentive calculation:

Where a development provides an environmental roof the Incentive Ratio is 1:5.

Method:

Incentive gross floor area (square metres) = surface area of environmental roof (square metres) multiplied by 5.0.

8.7.1(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.1(d)

Requirements:

An environmental roof includes the following:

(i)    roof area that is:

(I)    permanently planted with vegetation and equipped with a growing medium and irrigation systems; or

(II)   equipped with water collection and/or filtration systems designed to collect rainwater for reuse or to minimize stormwater runoff; and

(ii)   walkways necessary for maintenance with a maximum width of 1.0 metre.

8.7.2

GREEN WALL

A green wall is an indoor vertical, soft surfaced landscaped area. The diagram in 8.7.2(e) illustrates a potential implementation of the requirements of 8.7.2(d).

8.7.2(a)

The maximum incentive floor area ratio for this item is 1.0.

8.7.2(b)

Incentive Calculation:

Where a development provides a green wall the Incentive Ratio is 1:5 based on the vertical surface area of the green wall.

Method:

Incentive gross floor area (square metres) = vertical surface area (square metres) multiplied by 5.0.

8.7.2(c)

Minimum Floor Area Ratio Requirement:

(i)    for a  development containing a Hotel in either the  development where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.2(d)

Requirements:

A green wall includes the following:

(i)    a minimum vertical surface area of 20.0 square metres;

(ii)   a minimum of 80.0 per cent of its vertical surface area covered by vegetation;

(iii)  a location indoors and at-grade and/or at the +15 Skywalk System level;

(iv)  where located at-grade  level, it fronts on to and is visible from the public sidewalk, grade level open space or on-site pedestrian space; and

(v)   where located at the +15 Skywalk System level, it fronts on to and is visible from the +15 Skywalk System.

8.7.2(e)

Diagram: (not to scale)

8.7.3

BIORETENTION STRUCTURE

A bioretention structure is a structural framework that is inserted into the soil that transfers loads from the surface through the soil layers. The purpose of the structure is to retain and filter stormwater on site, to support evapotranspiration of retained stormwater and provide uncompacted planting soil for trees. The diagram in 8.7.3(e) illustrates a potential implementation of the requirements of 8.7.3(d).

8.7.3(a)

The maximum incentive floor area ratio for this item is 1.5.

8.7.3(b)

Incentive calculation:

Where a development provides a bioretention structure 0.1 floor area ratio for every 100.0 square metres of installed bioretention structure.

8.7.3(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development  containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.3(d)

Requirements:

A bioretention structure includes the following:

(i)    a minimum area of:

(I)   250.0 square metres for sites equal to or greater than 1812.0 square metres in area; or

(II)  150.0 square metres for sites of less than 1812.0 square metres in area;

(ii)  a structural grid with a minimum depth of 0.4 metres to transfer surface loads through the soil layers;

(iii) installation in a location greater than 0.75 metres horizontal distance from a street;

(iv)  a design to retain stormwater and either:

(I)   slowly discharge it into the municipal storm sewer system; or

(II)  re-use it on site; and

(III)  prevent seepage into groundwater below;

(v)  a design to accommodate municipal utility and infrastructure systems;

(vi)  a location not above the first storey;

(vii) a location within 0.5 metres of the grade of the adjoining public sidewalk where installed in planters or raised beds; and

(viii) Where they occupy the same area, no application in combination with  incentive item 8.7.1.

8.7.3(e)

Diagram: (not to scale)

 

8.7.4

DISTRICT ENERGY CONNECTION ABILITY

District energy connection ability is the preservation of site areas from physical obstructions that would preclude or make unviable a connection to district energy infrastructure in the future. The diagram in 8.7.4(e) illustrates a potential implementation of the requirements of 8.7.4(d).

8.7.4(a)

The maximum incentive floor area ratio for this item is 0.5.

8.7.4(b)

Incentive calculation:

Where a development provides district energy connection ability the additional floor area ratio is 0.5.

8.7.4(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development  containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit , where the development permit  is phased, the minimum floor area ratio  that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.4(d)

Requirements:

A district energy connection ability includes the following:

(i)  maintenance on the parcel until the development has been connected to and utilizes energy from district energy infrastructure;

(ii)  demonstration of the ability of a building to connect to existing or proposed district energy infrastructure by providing:

(I)    space allocated for an energy transfer station at ground level or below (energy transfer station is defined as the mechanical interface between the district energy system and the building heating system located in the building - commonly known as a plate and frame heat exchanger and includes all heat transfer equipment, measurement equipment and control systems);

(II)   a heat distribution system that can accommodate the primary heat source at ground level or below; and

(III)  an easement with a minimum width of 4.0 metres registered on the certificate of title for the parcel for a thermal pipe from the property line to the building and through the building to the allocated energy transfer station location; and

(iii)  no application in combination with incentive items 8.7.5 and 8.7.6.

8.7.4(e)

Diagram: (not to scale)

8.7.5

DISTRICT ENERGY SYSTEM CONNECTION

District energy connection is the connection to a district energy system and the utilization of its thermal energy in the development. The diagram in 8.7.5(e) illustrates a potential implementation of the requirements of 8.7.5(d).

8.7.5(a)

The maximum incentive floor area ratio for this item is 2.5.

8.7.5(b)

Incentive calculation:

Where a development provides a district energy system connection:

(i) the additional floor area ratio for the connection to district energy infrastructure is 0.5;

(ii)  the additional floor area ratio for every storey of the building  for the first 25 storeys above grade is 0.05; and

(iii)  the additional floor area ratio for every storey of the building above 25 storeys above grade is 0.025.

 

8.7.5(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development  containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit , where the development permit  is phased, the minimum floor area ratio  that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

 

8.7.5(d)

Requirements:

A district energy system connection includes the following:

(i)  connecting the building to a district energy system and use of the thermal energy from the district energy system in the building;

(ii)  connection infrastructure that includes:

(I)    space allocated for an energy transfer station at ground level or below; (energy transfer station is defined as the mechanical interface between the district energy system and the building heating system located in the building - commonly known as a plate and frame heat exchanger and includes all heat transfer equipment, measurement equipment and control systems).

(II)   a heat distribution system that can accommodate the primary heat source at ground level or below; and

(III)  an easement with a minimum width of 4.0 metres registered on the certificate of title for the parcel for a thermal pipe from the property line to the building and through the building to the allocated energy transfer station location; and

(iii)  no application in combination with incentive item 8.7.4 or 8.7.6.

 

8.7.5(e)

Diagram: (not to scale)

8.7.6

ON-SITE COGENERATION FACILITY

An on-site cogeneration facility is equipping a building with combined heat and power or combined heat, power and cooling machinery to serve the building.

8.7.6(a)

The maximum incentive floor area ratio for this item is 2.0.

8.7.6(b)

Incentive calculation:

Where a development provides an on site cogeneration facility:

(i)   the additional floor area ratio for the connection to district energy infrastructure is 0.5;

(ii)    the additional floor area ratio for every storey of the building for the first 25 storeys above grade is 0.05; and

(iii)   the additional floor area ratio for every  storey of the building above 25 storeys above grade is 0.025.

8.7.6(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.6(d)

Requirements:

An on-site cogeneration facility includes:

(i)    a combined heat and power, cogeneration or trigeneration system in the building;

(ii)   a design to utilize thermal energy resulting from electricity production to heat and/or cool the building;

(iii)  high-efficiency cogeneration, meaning an energy efficiency level of 80.0 per cent or greater; and

(iv)  an easement with a minimum width of 4.0 metres registered on the certificate of title for the parcel for a thermal pipe from the property line to the building and through the building to the allocated energy transfer station location; and

(v)   no application in combination with incentive item 8.7.4 or 8.7.5.

8.7.7

ELECTRIC VEHICLE CHARGING STATIONS

Electric vehicle charging stations are purpose built, electrical outlets located in, or adjacent to, selected motor vehicle parking stalls designed to provide battery recharging ability to electric vehicles using the stalls.

8.7.7(a)

The maximum incentive floor area ratio for this item is 1.0.

8.7.7(b)

Incentive calculation:

Where a development provides electric vehicle charging stations the Incentive Rate is Incentive Rate 1.

Method:

Incentive gross floor area (square metres) = cost of installed charging stations ($) divided by Incentive Rate 1 ($).

8.7.7(c)

 

Minimum Floor Area Ratio Requirement:

(i)    for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.7(d)

Requirements:

An electric vehicle charging station includes the following:

(i)    1.0 battery charging unit with a minimum 220.0 Volt capacity or fast charging ability for each motor vehicle parking stall; and

(ii)   signage indicating which motor vehicle parking stalls are equipped with charging stations.

8.7.8

ADDITIONAL BICYCLE PARKING STALLS

Additional bicycle parking stalls is the provision of supplementary bicycle parking stalls – class 1 and associated change room facilities in addition to the minimum required bicycle parking stalls – class 1 of the development. The additional bicycle parking stalls – class 1 and associated facilities provided may be integrated into the stalls and facilities required by the development with no physical separation.

8.7.8(a)

The maximum incentive floor area ratio for this item is 1.0.

8.7.8(b)

Incentive calculation:

Where a development provides additional bicycle parking stalls the Incentive Ratio is 1:7.5.

Method:

Incentive gross floor area (square metres) = gross floor area provided for bicycle parking stalls – class 1 and change rooms (square metres)  multiplied by 7.5.

8.7.8(c)

Minimum Floor Area Ratio Requirement:

(i)    for a development  containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(ii)   in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.7.8(d)

Requirements:

Additional bicycle parking stalls include the following:

(i)    bicycle parking stalls – class 1 located either within the building or in a separate structure on the site;

(ii)   a change room located either within the building or in a separate structure on the site with a minimum area of 20.0 square metres that contains:

(I)    1.0 locker for every 4.0 bicycle parking stalls – class 1;

(II)   1.0 shower for every 4.0 bicycle parking stalls – class 1;

(III)  1.0 grooming station consisting of wash basin, mirror and electrical outlet  for every 4.0 bicycle parking stalls – class 1;

(iii)  an area of 0.4 square metres for each locker and 0.4 square metres for each shower;

(iv)  use only by the tenants of the development; and

(v)   a location together with the minimum required bicycle parking stalls – class 1.

8.8

BICYCLE STATION

A bicycle station is a facility which provides secure bicycle parking for public use either on a long-term basis or on a short-term, on-demand basis. It provides facilities to its users that include showers, lockers, toilets and grooming stations and may also contain space for retail and service activities.

A bicycle station does not replace the required bicycle parking stalls of the use, but is instead intended for use by third parties outside of the development. The diagram in 8.8.5 illustrates a potential implementation of the requirements of 8.8.4.

8.8.1

The maximum incentive floor area ratio for this item is 2.0.

8.8.2

Incentive calculation:

Where a development provides a bicycle station the Incentive Ratio is 1:7.5.

Method:

Incentive gross floor area (square metres) = gross floor area provided for the bicycle station (square metres) multiplied by 7.5.

8.8.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.8.4

Requirements:

A bicycle station includes the following:

(a)  bicycle parking stalls – class 1 that are not required bicycle parking stalls – class 1 located either within the building or in a separate structure on the site;

(b)  a change room located either within the building or in a separate structure on the site containing a minimum of the following facilities:

(i)    1.0 shower for every 10.0 bicycle parking stalls – class 1 greater than the minimum requirement for the first 200.0 bicycle parking stalls – class 1; and

(ii)   1.0 grooming station consisting of wash basin, mirror and electrical outlet for every 10.0 bicycle parking stalls – class 1 greater than the minimum requirement for the first 200.0 bicycle parking stalls – class 1; and

(iii)  1.0 toilet for every 25.0 bicycle parking stalls – class 1 greater than the minimum requirement for the first 100.0 bicycle parking stalls – class 1; and

(iv)  1.0 locker for every 4.0 bicycle bicycle parking stalls – class 1;

(c)  use by the public and no reservation for the sole use of the tenants of the development;

(d)  for calculation purposes an area of 0.4 square metres for each locker and 0.4 square metres for each shower;

(e)  a bicycle repair space of at minimum 2.0 metres by 3.0 metres in dimension; and

(f)    where retail and service uses are contained within the Bicycle Station their floor areas are included in the incentive gross floor area;

(g)  where located in a parkade:

(i)   is on the closest parkade level to grade and physically separated from the motor vehicle parking stalls;

(ii)   no access provided only by stairs;

(iii)  bicycle lanes in parkade ramps where these are shared with motor vehicles.

8.8.5

 

Diagram: (not to scale)

8.9

TRANSIT ENHANCEMENTS

Transit enhancements is the construction of structures either as part of a building or as a separate structure that provide shelter from the elements to transit service users and that provide an amenity and design standard exceeding standard transit facilities.

8.9.1

The maximum incentive floor area ratio for this item is 0.5.

8.9.2

Incentive calculation:

Where a development provides a transit shelter the Incentive Rate is Incentive Rate 1.

Method:

Incentive gross floor area (square metres) = sum of construction cost of the public transit shelter ($) divided by Incentive Rate 1 ($).

8.9.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.9.4

Requirements:

A transit enhancement includes the following:

(a)  a location on the parcel and adjacent to, and accessible from, a public sidewalk;

(b)  construction to a standard approved by the Development Authority;

(c)  public access during transit operating hours;

(d)  climate controlled from October to May; and

(e)  exterior walls that consist primarily of windows that are clear glazed except where the walls abut a building and where they contain structural elements of the building.

8.10

ACTIVE ARTS SPACE

Active arts space is publicly accessible, internal space that provides accommodation for one of the various branches of creative activity concerned with the production of imaginative designs, sounds or ideas. Active arts space is intended for activities that require public accessibility, e.g. performances, exhibitions.

8.10.1

The maximum incentive floor area ratio for this item is 4.0.

8.10.2

Incentive calculation:

Where a development provides active arts space the Incentive Rate is Incentive Rate 1.

Method:

Incentive gross floor area (square metres) = cost of active arts space ($) plus the capitalized, future operating costs* (not including taxes) divided by Incentive Rate 1 ($).

* Future operating costs are calculated by multiplying $3,324.68 m2 by the amount of active arts space provided in square metres (this is the Net Present Value of operating costs based on $20 per square foot, a 2% cost escalation, a 6% discount rate, and a 25 year period)

8.10.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.10.4

Requirements:

Active arts space includes the following:

(a)  a location:

(i)      at grade or at the +15 Skywalk System level;

(ii)      fronting on to, with direct access to and visible from the public sidewalk, grade level open space, +15 Skywalk System or on-site pedestrian areas;

(b)  entranceways and lobbies that are clear glazed where they abut a public sidewalk at grade or the +15 Skywalk System;

(c)  public access through a public access agreement for the hours of operation defined in the +15 Policy;

(d)  an agreement establishing the conditions for a long-term lease for the active arts space to be entered into by The City or its designated representative (“the tenant”) and the building owner, such lease to contain the following terms:

(i)     a minimum term of 25.0 years;

(ii)    a total rent of $11.0 per square metre per year, subject to (d)(iv);

(iii)       subject to (d)(iv) and (v) the building owner will pay the normal building operating and capital costs attributable to the active arts space including without limitation property taxes if applicable, security, maintenance, repair, cleaning, property management fees and related costs up to the amount per square metre that would normally be charged to office tenants in the building;

(iv)      the tenant will be responsible for all extraordinary operating and capital costs that are attributable to the active arts space, such as additional security costs associated with the use of the space or special events, additional cleaning necessitated by events in the space, and maintenance and repair of the tenant’s fixtures and equipment. The City will provide appropriate security to ensure that the tenant pays its costs and does not permit any liens to be placed on the property;

(v)    upon expiry of the lease, the owner may elect, at the owner’s sole and absolute discretion, to renew the lease on the same terms and conditions or to not renew the lease, in which case the tenant will vacate the space upon lease expiry;

(vi)        if at any time during the term of the lease the space remains unoccupied or unused for 12 consecutive months the owner has the option of terminating the lease upon giving The City 30 days written notice, provided that the conditions of (d)(vii) are met;

(vii)      that in the event of termination prior to the end of the 25-year term of the lease, The City will receive financial compensation for the space as calculated as the lesser of Incentive Rate 2 or the fair market value based on the gross floor area of the amenity space as estimated by an independent appraiser and, in addition, any portion of the unused, capitalized operating costs which were included in the original incentive gross floor area calculation;

(viii)  the lease will define the nature of the uses or tenants that are deemed eligible to occupy the space. Eligible activities will include artist studios, exhibition space, performing arts space and rehearsal spaces.

8.11

CULTURAL SUPPORT SPACE

Cultural support space is an internal space that provides accommodation for one of the various branches of creative activity concerned with the production of imaginative designs, sounds or ideas. Cultural support space is intended for activities that do not require public accessibility, e.g. administration, rehearsal space, storage.

8.11.1

The maximum incentive floor area ratio for this item is 4.0.

8.11.2

Incentive calculation:

Where a development provides cultural support space the Incentive Rate is Rate 1.

Method:

Incentive gross floor area (square metres) = cost of cultural support space ($) plus the capitalized, future operating costs* (not including taxes) divided by Incentive Rate 1 ($).

* Future operating costs are calculated by multiplying $3,324.68 m2 by the amount of cultural support space provided in square metres (this is the Net Present Value of operating costs based on $20 per square foot, a 2% cost escalation, a 6% discount rate, and a 25 year period)

8.11.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.11.4

Requirements:

A cultural support space includes the following:

(a)  access to the tenant during the building’s normal office hours unless otherwise agreed upon in the lease agreement;

(b)  a location above grade where the space is used for administration;

(c)  an agreement establishing the conditions for a long-term lease for the cultural support space to be entered into by The City or its designated representative (“the tenant”) and the building owner, such lease to contain the following terms:

(i)        a minimum term of 25.0 years;

(ii)       a total rent of $11.0 per square metre per year, subject to (c)(iv);

(iii)     subject to (c)(iv) and (v) the building owner will pay the normal building operating and capital  costs attributable to the cultural support space including without limitation property taxes if applicable, security, maintenance, repair, cleaning, property management fees and related costs up to the amount per square metre that would normally be charged to office tenants in the building;

(iv)     the tenant will be responsible for all extraordinary operating and capital costs that are attributable to the cultural support space,  such as additional security costs associated with the use of the space, additional cleaning necessitated by use of the space, and maintenance and repair of the tenant’s fixtures and equipment. The City will provide appropriate security to ensure that the tenant pays its costs and does not permit any liens to be placed on the property;

(v)      upon expiry of the lease, the owner may elect, at the owner’s sole and absolute discretion, to renew the lease on the same terms and conditions or to not renew the lease, in which case the tenant will vacate the space upon lease expiry;

(vi)     if at any time during the term of the lease the space remains unoccupied or unused for 12 consecutive months the owner has the option of terminating the lease upon giving The City 30 days written notice, provided that the conditions of (c)(vii) are met;

(vii)    that in the event of termination prior to the end of the 25-year term of the lease, The City will receive financial compensation for the space as calculated as the lesser of Incentive Rate 2 or the fair market value based on the gross floor area of the amenity space as estimated by an independent appraiser and, in addition, any portion of the unused, capitalized operating costs which were included in the original incentive gross floor area calculation;

(viii)   the lease will define the nature of the uses or tenants that are deemed eligible to occupy the space. Eligible activities will include administration  and storage.

8.12

COMMUNITY SUPPORT FACILITIES

Community support facilities are spaces allocated to specific uses that have been determined by The City to support community activity and functionality.

8.12.1

The maximum incentive floor area ratio for this item is 2.0.

8.12.2

Incentive calculation:

Where a development provides community support facilities the Incentive Ratio is 1:1.

Method:

Incentive gross floor area (square metres) = gross floor area provided for the community support facility (square metres) multiplied by 1.0.

8.12.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.12.4

Requirements:

Community support facilities includes the following:

(a)  provision of space for one or more of the following uses:

(i)      Assisted Living;

(ii)     Child Care Service;

(iii)    Community Recreation Facility;

(iv)    Custodial Care;

(v)     Fitness Centre;

(vi)    Indoor Recreation Facility;

(vii)   Instructional Facility;

(viii)  Library;

(ix)    Museum;

(x)     Performing Arts Centre;

(xi)    Place of Worship – Large;

(xii)   Place of Worship – Medium;

(xiii)  Place of Worship – Small;

(xiv)  Post Secondary Learning Institution;

(xv)   Protective and Emergency Service;

(xvi)  Residential Care;

(xvii)   School – Private;

(xviii) School Authority – School;

(xix)   School Authority Purpose – Major;

(xx)    Service Organization;

(xxi)   Social Organization; and

(xxii)  Supermarket;

(b)  the identification in floor plans of the proposed building of the space that is to be allocated to the community support facility; and

(c)  the requirement for a development permit upon change of use.

8.13

HERITAGE DENSITY TRANSFER

Heritage density transfer is the transfer to a receiving parcel of floor area ratio that could have been achieved on a source parcel were it not for the development constraints imposed by the retention and preservation of a historic building and its designation as a Municipal Historic Resource.

8.13.1

The maximum incentive floor area ratio for this item is 5.0.

8.13.2

Incentive calculation:

Where a development provides a heritage density transfer the additional gross floor area is directly transferred in square metres.

Method:

The gross floor area is transferred as a square metre value to the receiving parcel and the transfer is registered as a caveat on the Certificate of Title of the source parcel(s).

8.13.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.13.4

Requirements:

A heritage density transfer includes:

(a)  a transfer agreement that is registered on the Certificate of Title of the parcel(s) from which the density has been transferred;

(b)  a land use redesignation of the parcel from which the density has been transferred to a Direct Control District in which the allowable maximum floor area ratio remaining after the transfer is regulated;

(c)  a land use redesignation of the receiving parcel to a Direct Control District in which the allowable maximum floor area ratio achieved through the transfer is regulated;

(d)  a maximum of 5.0 floor area ratio of the receiving parcel, calculated in square metres that has been achieved through heritage density transfer;

(e)  transfers only to receiving parcels located within the Commercial Residential district;

(f)    transfers only from parcels where legal protection through designation as a Municipal Historic Resource has been completed; and

(g)  only a one-time transfer from the parcel from which the density has been transferred to the receiving parcel with no further transfer possibility.

 

8.14

HISTORIC RESOURCE RETENTION

Historic resource retention is incentive gross floor area for the retention, restoration and preservation of entire buildings, or building features of historic significance on the parcel of the development.  Although all efforts should be undertaken to retain and preserve the entire building on site, where it is impractical to do so the retention of individual building features that are of historic significance also provides for this incentive density. 

8.14.1

The maximum incentive floor area ratio for this item is 5.0.

8.14.2

Incentive calculation:

Where a development provides historic resource retention:

(a)  the Incentive Rate for the retention of a building feature is Incentive Rate 2; and

(b)  the Incentive Rate for the retention of the entire historic building is Incentive Rate 3.

Method:

Incentive gross floor area (square metres) = marginal extra cost of retention of the historic resource ($) divided by Incentive Rate 2 ($) in the case of the retention of building features or Incentive Rate 3 in the case of the retention of the entire building.

Cost of retention includes costs for repair, restoration and improvement.

8.14.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.14.4

Requirements:

Historic resource retention includes:

(a)  where the building is listed on the Inventory of Evaluated Historic Resources;

(b)  maintaining the historic resource or building feature in its approved location on the parcel or within the building where it is incorporated into a new building;

(c)  an agreement between the Development Authority and the developer establishing the total cost of retention of the heritage resource prior to approval; and

(d)  designation of the historic resource as a Municipal Historic Resource pursuant to the Historical Resources Act by a Bylaw approved by Council.

8.15

DENSITY TRANSFER FOR SUNLIGHT PRESERVATION

Density transfer for sunlight preservation is the transfer of that floor area ratio that could have been achieved on a parcel were it not for a development constraint imposed by rules protecting specific public spaces from being cast in shadow. The difference in density between the source development’s achievable floor area ratio and the potential floor area ratio assumed for the development had it not been constrained by sunlight protection aspects may be transferred to a receiving parcel to increase its floor area ratio.

8.15.1

The maximum incentive floor area ratio for this item is 2.0.

8.15.2

Incentive calculation:

Where a development provides a density transfer for sunlight preservation the additional gross floor area is directly transferred in square metres.

Method:

The gross floor area is transferred as a square metre value to the receiving parcel and the transfer is registered as a caveat on the Certificate of Title of the source parcel(s).

8.15.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.15.4

Requirements:

A transfer for sunlight preservation includes the following:

(a)  a transfer agreement that is registered on the Certificate of Title of the parcel(s) from which the density has been transferred;

(b)  a land use redesignation of the parcel from which the density has been transferred to a Direct Control District in which the allowable maximum floor area ratio remaining after the transfer is regulated;

(c)  a land use redesignation of the receiving parcel to a Direct Control District in which the allowable maximum floor area ratio achieved through the transfer is regulated;

(d)  a maximum of 2.0 floor area ratio of the receiving parcel, calculated in square metres, achieved through density transfer for sunlight preservation; and

(e)  compliance with section 1311.

8.16

DENSITY TRANSFER FOR ADAPTIVE REUSE

Density transfer for adaptive reuse is the transfer to a receiving parcel of floor area ratio that has been achieved by the adaptive reuse of buildings or significant portions of buildings on a source parcel as defined in 8.17.

8.16.1

The maximum incentive floor area ratio for this item is 1.0.

8.16.2

Incentive calculation:

Where a development provides a density transfer for adaptive reuse the additional gross floor area is directly transferred in square metres.

Method:

The gross floor area is transferred as a square metre value to the receiving parcel and the transfer is registered as a caveat on the Certificate of Title of the source parcel(s).

8.16.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.16.4

Requirements:

A density transfer for the adaptive reuse includes:

(a)  a transfer agreement that is registered on the Certificate of Title of the parcel(s) from which the density has been transferred;

(b)  a land use redesignation of the parcel from which the density has been transferred to a Direct Control District in which the allowable maximum  floor area ratio remaining after the transfer is regulated;

(c)  a land use redesignation of the receiving parcel to a Direct Control District in which the allowable maximum floor area ratio achieved through the transfer is regulated;

(d)  a maximum of 1.0 floor area ratio of the receiving parcel, calculated in square metres that has been achieved through density transfer for the adaptive reuse of buildings;

(e)  transfers only to receiving parcels designated with the CR20-C20/R20 district; and

(f)    transfers only from source buildings that have redeveloped in accordance with the requirements of item 8.17.

8.17

ADAPTIVE REUSE

Adaptive reuse is the retention and reuse of an existing building or significant portions of the building’s structure on the parcel.

8.17.1

The maximum incentive floor area ratio for this item is 2.0.

8.17.2

Incentive calculation:

Where a development provides the requirements of 8.17.4 the Incentive Ratio is 1:2.0.

Method:

Incentive gross floor area (square metres) = gross floor area of the retained building (square metres) multiplied by 2.0.

8.17.3

Minimum Floor Area Ratio Requirement:

(a)  for a development  containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.17.4

Requirements:

Adaptive reuse includes the following:

(a)  the redevelopment of an existing building;

(b)  the retention of 75.0 per cent of the gross floor area of the building and

(c)  proper removal of recyclable materials prior to demolition.

8.18

DESIGN FOR UNIVERSAL ACCESSIBILITY

Design for universal accessibility is the design of a unit to meet enhanced accessibility standards that exceed any minimum standards as established in this Bylaw.

8.18.1

The maximum incentive floor area ratio for this item is 1.0

8.18.2

Incentive calculation:

Where a development provides a unit designed for enhanced accessibility the Incentive Ratio is 1:1.5.

Method:

Incentive gross floor area (square metres) = gross floor area of units designed in accordance with enhanced accessibility standards (square metres) multiplied by 1.5.

8.18.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.18.4

Requirements:

A design for universal accessibility includes the following:

(a)  a smooth, unobstructed floor space of a minimum dimension of 1800.00 millimetres length and 1800.00 millimetres width in each kitchen, bathroom and hallway to enable the turning of a  wheelchair or mobility device;

(b)  hallways with a width greater than 1.0 metres and no changes in floor level;

(c)  a bedroom, kitchen and a bathroom on the same floor as the entrance to the unit;

(d)  a step-free entrance to the unit; and

(e)  an accessible motor vehicle parking stall, with a minimum width of 4.0 metres, associated with each unit designed in accordance with these requirements.

8.19

DWELLING UNIT MIX

Dwelling unit mix is the construction of units containing 3 or more bedrooms.

8.19.1

The maximum incentive floor area ratio for this item is 2.0.

8.19.2

Incentive calculation:

Where a development provides units containing 3.0 or more rooms designed as bedrooms the Incentive Ratio is 1:2.0.

Method:

Incentive gross floor area (square metres) = gross floor area of units containing 3.0 or more bedrooms (square metres) multiplied by 2.0.

8.19.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.19.4

Requirements:

A  development with a dwelling unit mix includes the following:

(a)  the provision of units comprised of 3.0 or more bedrooms;

(b)  two bedrooms with 1.0 or more windows in each;

(c)  a natural source of light in each bedroom;

(d)  a minimum gross floor area of 9.0 square metres for each bedroom;

(e)  a separate living area separate from each bedroom in each unit; and

(f)    a minimum gross floor area of 100.0 square metres for each unit.

8.20

INNOVATIVE PUBLIC AMENITY

An innovative public amenity is a building feature that has not been considered under any of the other incentive items in this table, but which is determined by Development Authority to provide a benefit to the public.

8.20.1

The maximum incentive floor area ratio for this item is 1.0.

8.20.2

Incentive calculation:

Where a development provides an innovative amenity the Incentive Rate is Incentive Rate 1.

Method:

Incentive gross floor area (square metres) = cost of amenity ($) divided by Incentive Rate 1 ($).

8.20.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.20.4

Requirements:

An innovative public amenity includes the following:

(a)  a benefit to the community in which the density is being accommodated;

(b)  no items or amenities that are achievable or required through other means, including the other incentive amenity items in this table;

(c)  no standard features of a building;

(d)  an amount of additional floor area ratio commensurate with the cost of the amenity item provided;

(e)  where located at the +15 Skywalk System level, front on to, be visible from and have direct access to +15 Skywalk System; and

(f)    the sole discretion of the Development Authority to determine whether the proposed amenity feature is considered an innovative public amenity.

8.21

EXCEPTIONAL DESIGN

Exceptional design is such that it incorporates architectural and urban design features and/or technologies that are deemed by the Development Authority to significantly enhance through visual and functional impacts the character of the urban environment.

8.21.1

The maximum incentive floor area ratio for this item is 1.0.

8.21.2

Incentive calculation:

Where a development has been determined by the Development Authority to provide the requirements of 8.21.4, the additional floor area ratio is 1.0.

8.21.3

Minimum Floor Area Ratio Requirement:

(a)  for a development containing a Hotel in either the development permit where the development permit is not phased or the first phase of the development permit, where the development permit is phased, the minimum floor area ratio that must be achieved prior to use of this item is: 7.0; and

(b)  in all other cases the minimum floor area ratio that must be achieved prior to use of this item is: 8.0.

8.21.4

Requirements:

Exceptional design includes two or more of the following:

(a)  building massing, orientation and façade design not commonly implemented in the CR20-C20/R20 District and that contributes to a memorable skyline and urban environment;

(b)  building envelope designs employing materials or technology that have a positive effect on the public realm and are not commonly implemented in the CR20-C20/R20 District;

(c)  a floor plan that is not typical of Office buildings in the CR20-C20/R20 District;

(d)  improvements to the pedestrian environment in terms of sunlight penetration;

(e)  a positive contribution through architecture, urban design and uses to the vibrancy and activity of the pedestrian environment and the building’s interfaces with the public realm at grade.

8.22

INDOOR PUBLIC HOTEL SPACE

Indoor public hotel space is publicly accessible indoor space that can be used by Hotel guests, conference attendees and the general public without having to be guests of the Hotel or customers of a use within the building.  Restaurant, lounge, café, retail and conference use areas, when located at grade and at the +15 Skywalk System level in the building – and one storey above for conference facilities – and open to the public are considered to be indoor public space.

8.22.1

The maximum incentive floor area ratio for this item is for this item 8.0.

8.22.2

Incentive Calculation:

Where a Hotel development provides:

(a)  indoor public hotel space that is conference facility space the Incentive Ratio is: 1:18; and

(b)  for all other indoor hotel public spaces the Incentive Ratio is 1:10.

Method:

Incentive gross floor area (square metres) = gross floor area of the amenity space provided (square metres) multiplied by 10.0 or 18.0 for conference facilities.

8.22.4

The minimum floor area ratio that must be achieved prior to use of this item is 7.0

8.22.5

Requirements:

An indoor public hotel space includes the following:

(a)  a design as a distinct space within the building that does not contain a guest reception area or administration offices;

(b)  where the space is not a conference facility, public accessibility through a public access agreement during normal operating hours; and

(c)  where conference facilities area located at the +15 Skywalk System level, a location with direct access to +15 Skywalk System; and

(d)  where the building meets the exceptional design criteria of item 8.21.

8.23

+15 SKYWALK SYSTEM BRIDGE

The +15 Skywalk System bridge is the construction of a bridge in accordance with the +15 Policy.  The diagram in 8.23.5 illustrates a potential implementation of the requirements of 8.23.4.

8.23.1

The maximum incentive floor area ratio for this item is 1.0 floor area ratio  for each +15 Skywalk System bridge and a maximum of 2.0 floor area ratio in total.

8.23.2

Incentive calculation:

Where a development provides a +15 Skywalk System bridge:

(a)  where more than 50.0 per cent of the floor area of the bridge is below a glazed roof, the floor area is calculated at a ratio of 1:22.5; and

(b)  in all other cases the Incentive Ratio is 1:20.

Method:

Incentive gross floor area (square metres) = gross floor area of the bridge provided (square metres) multiplied by 20.0 or 22.5.

8.23.3

The minimum floor area ratio that must be achieved prior to use of this item is 11.0.

8.23.4

Requirements:

A +15 Skywalk System bridge includes the following:

(a)  a location within the boundaries of the +15 Skywalk System as identified in the +15 Policy and Centre City Plan and in locations approved by the Development Authority;

(b)  a design in accordance with the +15 Policy;

(c)   an environmentally controlled space; and

(d)  construction simultaneously with the development and completion with the development.

8.23.5

Diagram: (not to scale)

 

 

 

8.24

+15 SKYWALK SYSTEM FEATURE ACCESS

A +15 Skywalk System feature access is either an escalator or stair that creates a focal point within a +15 Skywalk System. Its main function is to emphasize through visibility and direct access the entrance to the +15 Skywalk System and allow efficient pedestrian movement between grade and the +15 Skywalk System level. The diagram in 8.24.5 illustrates a potential implementation of the requirements of 8.24.4.

8.24.1

The maximum incentive floor area ratio for this item is 1.0.

8.24.2

Incentive calculation:

Where a development provides a +15 Skywalk System feature access the Incentive Ratio is 1:30.

Method:

Incentive gross floor area (square metres) = footprint floor area of the escalator or stair provided (square metres) multiplied by 30.0.

8.24.3

The minimum floor area ratio that must be achieved prior to use of this item is 11.0.

8.24.4

Requirements:

A +15 Skywalk System feature access includes the following:

(a)  a design in accordance with the +15 Policy;

(b)  providing access between grade and the  +15 Skywalk System level in both directions;

(c)  minimum tread widths of:

(i)    0.8 metres for an escalator; or

(ii)   2.0 metres for a stair;

(d)  a location directly visible and accessible from the public sidewalk;

(e)  signage; and

(f)    accessibility to the public in accordance with the +15 Policy.

8.24.5

Diagram: (not to scale)

 

8.25

ACTIVE +15 SKYWALK SYSTEM WALKWAY

A +15 Skywalk System walkway has enhanced design elements compared to the standard requirements of the +15 Policy. It is a positive contribution to the +15 Skywalk System through visible retail spaces and views of the city. The diagram in 8.25.5 illustrates a potential implementation of the requirements of 8.25.4.

8.25.1

The maximum incentive floor area ratio for this item is 1.0.

8.25.2

Incentive calculation:

Where a development provides an active +15 Skywalk System walkway the Incentive Ratio is 1:4.

Method:

Incentive gross floor area (square metres) =  gross floor area of the active +15 Skywalk System walkway provided (square metres) multiplied by 4.0.

8.25.3

The minimum floor area ratio that must be achieved prior to use of this item is 11.0.

8.25.4

Requirements:

An active +15 Skywalk System Walkway includes the following:

(a)  a design in accordance with the +15 Policy;

(b)  either of the following along a minimum of 60.0 per cent of the +15 Skywalk System walkway (excluding elevator cores and sections containing structural elements of the building):

(i)    glazing with unobscured glass providing a view to the street;

(ii)   unobstructed views to external windows glazed with unobscured glass providing views to the adjacent streets, or

(iii)  unobstructed views to active retail or commercial uses; and

(c)  a minimum of 50.0 per cent of the interior wall of the +15 Skywalk System walkway that is clear glazed with the exception of sections containing structural elements of the building.

8.25.5

Diagram: (no to scale)

 

8.26

CONTRIBUTION TO AFFORDABLE HOUSING FUND

Contribution to Affordable Housing Fund is a financial contribution to a civic fund to be used to support off-site development of affordable or non-market housing.

8.26.1

The maximum incentive floor area ratio for this item is 2.0.

8.26.2

Incentive calculation:

Where a development provides a contribution to a civic fund for affordable housing or non-market housing the Incentive Rate is Incentive Rate 3.

Method:

Incentive gross floor area (square metres) = contribution amount ($) divided by Incentive Rate 3 ($).

8.26.3

The minimum floor area ratio that must be achieved prior to use of this item is 11.0.

8.26.4

Requirements:

A Contribution to the Affordable Housing Fund includes:

(a)  a financial contribution to a civic fund; and

(b)  achievement of an additional 8.0 floor area ratio through public amenity items 8.0 to 8.25, of which 1.0 floor area ratio must be a contribution to the Central Business District Improvement Fund at Incentive Rate 2 in accordance with item 8.1. 

8.27

CONTRIBUTION TO CENTRAL BUSINESS DISTRICT IMPROVEMENT FUND RATE 3

Financial contributions to a dedicated fund to be used to support off-site public realm improvements in the CR20-C20/R20 District. Off site public realm improvements include, but are not limited to, improvements to public sidewalks, squares and parks and the acquisition of land for public squares and parks.

8.27.1

The maximum incentive floor area ratio for this item is 4.0.

8.27.2

Incentive calculation:

Where a development provides a contribution to the Central Business District Improvement Fund Rate 3 the Incentive Rate is Incentive Rate 3.

Method:

Incentive gross floor area (square metres) = contribution amount ($) divided by Incentive Rate 3 ($).

8.27.3

The minimum floor area ratio that must be achieved prior to use of this item is 11.0.

8.27.4

Requirements:

A contribution to the Central Business District Improvement Fund Rate 3 includes the following:

(a)  achievement of an additional 8.0 floor area ratio through public amenity items 8.0 to 8.26, of which 1.0 floor area ratio must be a contribution to the Central Business District Improvement Fund at Incentive Rate 2 in accordance with item 8.1.

8.28

CONTRIBUTION TO CENTRAL BUSINESS DISTRICT IMPROVEMENT FUND RATE 4

Financial contributions to a dedicated fund to be used to support off-site public realm improvements in the central business district. Off site public realm improvements include, but are not limited to, improvements to public sidewalks, squares and parks and the acquisition of land for public squares and parks.

8.28.1

The maximum incentive floor area ratio for this item is 3.0.

8.28.2

Incentive calculation:

Where a development provides a contribution to the Central Business District Improvement Fund Rate 4 the Incentive Rate is Incentive Rate 4.

Method:

Incentive gross floor area (square metres) = contribution amount ($) divided by the Incentive Rate 4 ($)

8.28.3

The minimum floor area ratio that must be achieved prior to use of this item is 15.0.

 

8.28.4

Requirements:

A contribution to the Central Business District Improvement Fund rate 4 includes the following:

(a)  achievement of an additional 12.0 floor area ratio through public amenity items 8.0 to 8.26, of which 1.0 floor area ratio must be a contribution to the Central Business District Improvement Fund at Incentive Rate 2 in accordance with item 8.1. 

 

15P2014

 

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