Charter Bylaw 19660
April 20, 2021
DC2.1157.1 General Purpose
To establish a Site Specific Development Control Provision to accommodate medium density residential developments in the form of low rise apartments that may also include a limited range of residential-related uses, with site specific development criteria designed to sensitively integrate and be compatible with the surrounding land uses and to achieve a high quality development appropriate for these sites, interior to a mature neighbourhood.
DC2.1157.2 Area of Application
This DC2 Provision shall apply to three separate, but adjacent Sites (designated Areas A, B, and C for descriptive purposes), located south of 109 Avenue NW, at 135 Street NW and east of 135 Street NW, between 109 Avenue NW and 109B Avenue NW, North Glenora, as illustrated on Appendix I to this Provision.
Area A: Lot 41, Block 5, Plan 3624 HW
Area B: Lots 16, 17 and 18, Block 1, Plan 3751 HW, and
Area C: Lots 47, 48 and 49, Block 1, Plan 3751 HW.
Minor Home Based Business
Major Home Based Business
Residential Sales Centre
DC2.1157.4 Development Criteria
Development on these Sites shall be substantially in accordance with the development criteria established herein, and the architectural and site design features illustrated in Appendix I appended to and forming part of this Charter Bylaw.
The maximum Floor Area Ratio shall not exceed 1.5.
The maximum number of Dwellings shall be 114 at an overall Density of 123.8 Dwellings/ha, distributed as follows:
Area "A" - 36 units (127 Dwellings/ha);
Area "B" - 36 units (120.6 Dwellings/ha); and
Area "C" - 42 units (121.0 Dwellings/ha).
The maximum Height shall not exceed 13 m nor three Storeys. The maximum Height is determined from Grade to the ridge of the roofline for the purpose of this DC2 project.
The maximum Site Coverage shall not exceed 50%.
The site layouts and building orientations shall be in accordance with the site plan for Areas A, B, and C; as illustrated in Appendix I appended to this Provision and the following regulation:
The minimum front Setback shall be 6.0 m.
The minimum rear Setback shall be 6.0 m.
The minimum side Setback shall be 4.5 m.
Separation Space shall be provided in accordance with the following:
Except as provided elsewhere in this section, shall be contained fully within the Site of the proposed development.
The minimum Separation Space in front of any windows, entry or similar opening shall be applied along the full length and height of the exterior wall of the room in which the particular opening or window is located, and it shall be measured horizontally outward from, and at right angles to, that exterior wall.
Except as provided for elsewhere in this section, the specified Separation Space shall be free of buildings and public roadways.
For the purpose of this DC2 Provision, Privacy Zone shall mean an area within the minimum Separation Space which shall be free of buildings, public roadways, walkways, on-site roadways, communal parking areas and communal Amenity Areas.
The minimum separating distance between two Dwellings shall be equal to the sum of the minimum Separation Spaces for the opposite windows and openings, except as provided in Section 4.7(l) of this Provision and Section 4.7(q) of this Provision.
Notwithstanding these regulations, the Development Officer may require a lesser Separation Space where other design solutions offer equivalent daylight, sunlight, ventilation, quiet, visual privacy and views.
A required Separation Space may be provided wholly or partly within a required Yard.
In front of a Principal Living Room Window, a Separation Space, with a minimum depth of 7.5 m or half the height of any wall opposite the said Window, whichever is greater, to a maximum of 10.0 m shall be provided.
Where a Principal Living Room Window faces directly onto a local public roadway other than a lane, communal walkway, on-site communal roadway or communal parking area, communal Amenity Area or accessory building or structure, these facilities or activity areas may be located within the minimum Separation Space where a Privacy Zone of at least 4.5 m is provided. This Privacy Zone shall be measured from the window to the nearest edge of the specified activity area. For local public roadways, the Privacy Zone shall be measured from the Window to the edge of the sidewalk or to the space reserved for a future sidewalk.
Where the sill of a Principal Living Room Window is at least 2.0 m above the elevation of the exterior area immediately outside the Window for a distance of at least 4.5 m out from the Window, no minimum Privacy Zone is required.
In front of a required Habitable Room Window other than the Principal Living Room Window, a Separation Space, with a minimum depth of 5.0 m or half the height of any wall opposite the said Window, whichever is greater, to a maximum of 7.5 m shall be provided.
Where a Habitable Room Window on a building of two storeys or less directly faces a Blank Wall of an adjacent building also of two storeys or less, the minimum separating distance may be reduced to 3.0 m.
Where a Habitable Room Window faces onto a local public roadway other than a lane, communal walkway, on-site communal roadway or communal parking area, communal Amenity Area or accessory building or structure, these facilities or activity areas may be located within the minimum Separation Space where a Privacy Zone of at least 3.0 m is provided. This Privacy Zone shall be measured from the Window to the nearest edge of the specified activity area. For local public roadways, the Privacy Zone shall be measured from the Window to the edge of the sidewalk or to the space reserved for a future sidewalk.
Where Habitable Room Windows face onto exterior corridors or access ways for Dwellings located above Grade, the Development Officer may vary the Privacy Zone requirements of Section 4.7(m) of this Provision.
Where the sill of a Habitable Room Window is at least 2.0 m above the elevation of the exterior area immediately outside the Window for a distance of at least 3.0 m out from the Window, no minimum Privacy Zone is required.
In front of a Non-habitable Room Window, a Non-required Habitable Room Window, an Entry or a Blank Wall, a Separation Space, with a minimum depth of 1.2 m plus 0.3 m for each additional storey above the first storey to a maximum of 3.0 m shall be provided.
Where two Blank Walls face one another, the required minimum Separation Space shall be calculated from only one of the Blank Walls. Where the two Blank Walls are of different heights, the Separation Space shall be calculated from the Blank Wall having the greater height.
Developments in this Provision shall be designed in accordance with the following architectural guidelines, to the satisfaction of the Development Officer:
The architectural styles of the buildings shall be substantially in accordance with the buildings' elevations, mass and rooflines illustrated in Appendix I appended to this Provision;
The roof will be sloped to establish a residential character with dormers and other architectural features to add visual interest to the development;
The roofing material of the buildings shall consist of cedar shakes, clay tiles, concrete shingles or products of a similar material to provide texture to the roof surface. Roofs hidden from view, or behind parapet walls, may be clad with asphalt shingles or built up roofing material;
All exterior building Facades must be clad with harmonious exterior finishes which are attractive in appearance, durable, of high quality, consistent with the character of the existing neighbourhood, and which shall include brick on all elevations to the Height of a full storey at the main floor; and
The building elevations shall be designed and finished in a manner that minimize the perceived mass of the development when viewed from the street and neighbouring properties, and shall incorporate a partial roof at the line of the second floor to divide the building into a one storey base and two upper levels to reduce the perceived Height of the building.
Notwithstanding regulations for projections in the Zoning Bylaw, architectural projections are allowed as follows:
Projections of a maximum of 1.0 m into the required Setbacks may be allowed for eaves, overhangs and architectural features;
A covered entrance, at the main floor only, may project into the Side Setback a maximum of 2.0 m.
A balcony or patio may be allowed to project into a side Setback or Separation Space a maximum of 2.0 m.
The Site security and building lighting must be located and designed to ensure that the illumination is directed downward and does not project outward from the Site.
All mechanical equipment located on the roof of any building shall be completely screened or incorporated into the attic space.
Notwithstanding parking regulations in the Zoning Bylaw, off-street parking shall be provided in accordance with the following to the satisfaction of the Development Officer, in consultation with Subdivision and Development Coordination (Transportation):
Where the applicant for a Development Permit can demonstrate to the satisfaction of the Development Officer, through a demand study prepared and submitted with respect to the proposed development, that by virtue of the use, character, or location of the proposed development, and its relationship to public transit facilities and other available parking facilities, the parking requirement for the proposed development is less than any minimum or more than any maximum set out in this Provision, the Development Officer may allow a reduction from the minimum or an increase from the maximum in the number of parking spaces. The Development Officer shall submit the demand study to Subdivision and Development Coordination (Transportation) for analysis, and the proposed reduction or increase may be approved by the Development Officer only with the concurrence or conditional concurrence of Subdivision and Development Coordination (Transportation). In no case shall the resulting number of parking spaces be less than one per Dwelling in the case of Residential Uses.
parking shall be located wholly underground and shall be provided
at a minimum of 1.0 space per one bedroom Dwelling, 1.5 spaces per
two bedroom Dwelling, and 1.75 spaces per three bedroom Dwelling or
Of the total number of parking spaces required, 1 visitor parking space for every 7 Dwellings shall be readily available and clearly identified as visitor parking, to be located within the Rear Setback Abutting the Lane, in a centralized location as illustrated in Appendix I. Visitor parking will be screened from the development with a combination of landscaped berms and planting.
The Development Officer may accept tandem parking spaces of a number that is equivalent to the total required parking minus the total number of Dwellings and minus guest parking. Guest parking spaces shall not be in tandem.
The number of bicycle parking spaces required shall be 5% of the number of off-street vehicular parking spaces required to a maximum of 50 bicycle parking spaces with 5 bicycle parking spaces being the minimum to be provided.
Where the total number of parking spaces is determined by reference to a unit such as the floor area, the next higher number shall be required where the calculation results in a fractional number of parking spaces.
required parking spaces shall be wholly provided on the same site
as the building.
Vehicular access to the Underground Parkade will be restricted to 109 Avenue NW and 135 Street NW, as illustrated on the Site plans contained in Appendix I. Vehicular access to the visitor parking area will be permitted from the Abutting Lanes.
No recreational vehicles shall be parked at ground level on the site.
The development shall provide a minimum Amenity Area of 7.5 m2 per any residential Dwelling located on the main floor, for its use absolutely. Such areas shall be at Grade Abutting the Dwelling but screened with trees and hedges from adjacent views. Dwellings above the main floor will provide a minimum of 5.5 m2 as private Amenity Space in the form of balconies. A sitting area of approximately 11.0 m2 shall be provided at the main floor of each building.
Landscaping within the required Setbacks shall include planting of mature coniferous and deciduous trees and shrubs to act as a buffer and reduce the perceived massing of the residential buildings. Mature deciduous trees shall be a minimum of 8.0 cm caliper and mature coniferous trees shall be a minimum of 3.0 m in height. Notwithstanding these standards, landscaping within Setbacks Abutting Lanes at the rear of each site shall incorporate an intermittent 1.2 m high solid screen fence along the Lot line, and mature deciduous trees a minimum of 10 cm caliper and mature coniferous trees with a minimum height of 4.0 m, interspersed with evergreen shrubs, to act as a buffer against adjacent residential developments.
To ensure a high standard of appearance complementary to the buildings, and a sensitive transition to surrounding uses detailed landscaping plans for each Area shall be submitted to and approved by the Development Officer, prior to the approval of any building permits, with the exception of footings and foundations.
these plans shall be substantially in accordance with the planting requirements illustrated in Appendix I, and shall include details of any decorative pavement, planters, fence, seating, pedestrian and security lighting, existing and proposed trees and shrubs, their species and size and soil depth and special provisions to facilitate plant growth for the entire project.
the existing mature trees on site shall not be moved unless it is absolutely necessary to accommodate a building or structure, in which case they may be moved to another location on site.
no boulevard trees shall be removed or relocated without the approval of the Development Officer in consultation with Urban Forestry.
The Development Officer shall require, as a condition of approval, that the applicant provide an irrevocable letter of credit in the amount of 100% of the established Landscaping costs for each Area, the conditions of the security being that:
if the Landscaping is not completed in accordance with the regulations of this Provision and the approved landscape plan(s) within one growing season after the completion of the development, then the amount fixed shall be paid to the City for its use absolutely; and
the Development Officer shall not release the letter of credit until an inspection of the site has demonstrated that the Landscaping has been well maintained and is in a healthy condition two growing seasons after completion of the landscaping project.
Signs shall be allowed in this district as provided for in accordance with Schedule 59B and in accordance with the general provisions of Section 59 of the Zoning Bylaw. Any building identification signs will be designed to be consistent with the style and detail of each building. Temporary freestanding real estate signage will be allowed during the marketing program of the development. No portable signs will be permitted whatsoever.
No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within the required front Setback and side Setbacks. Guest parking and garbage containers shall be located in the rear Setback Abutting the Lane; they shall be screened from view from any adjacent Sites and public roadways in accordance with the provision of Section 55.4 of the Zoning Bylaw.
The Development Officer may grant relaxation to Sections 40 to 61 of the Zoning Bylaw and the regulations of this Provision, if in their opinion, such a variance would be in keeping with the General Purpose of this Provision and would not affect the amenities, use and enjoyment of neighbouring properties.
Charter Bylaw 19660 - Schedule "A" and Appendices