Part IV Edmonton Zoning Bylaw
Bylaw 9373
February 27, 1990
To establish a Site Specific Development Control District to accommodate development consisting of commercial/ residential mixed use components as per the former CMX*(Area 4) District and the policies of the Central McDougall Area Redevelopment Plan, while allowing one additional Use Class, "Major Amusement Establishments", with sensitive site development regulations to ensure that development will be compatible with the surrounding land uses.
This DC5 District shall apply to Lots 233 to 240, Block 1, Plan B3, located south of 106 Avenue and east of 102 Street,Central McDougall, Hudson Bay Reserve.
All those uses specified in the CMX* (Area 4) District, Section 820F.8 of the Land Use Bylaw, as follows:
Broadcasting and Motion Picture Studios
Business Support Services
Commercial Schools
Convenience Retail Stores
Health Services
Spectator Entertainment Establishments
Major and Minor Eating and Drinking Establishments
Personal Service Shops
Professional, Financial and Office Support Services
Minor Amusement Establishments
Apartment Housing
Government Services
Daytime Child Care Services
Indoor Participant Recreation Services
Private Clubs
Private Education Services
Public Education Services
Public Libraries and Cultural Exhibits
Major Amusement Establishments
The following regulations shall apply to an application for any Use Class listed in Section 3(a):
The maximum total floor area ratio shall be 6.0.
The maximum floor area ratio for residential uses shall be 6.0.
All development applications shall include a residential component which will not be less than 50 percent of the total floor area ratio for the development.
The maximum height shall be 55 m (181.5. ft.).
The maximum total residential density shall be 550 dwellings/hectare (245 dwellings/acre).
The minimum front yard in all developments shall be 4 m (13.2. ft.).
The minimum side yard for a development which abuts a public roadway other than a lane shall be 2 m (6.6 ft.).
A Private Outdoor Amenity area shall be provided for each dwelling unit in compliance with Section 57 of the Land Use Bylaw.
Parking and loading shall, wherever possible, be from the rear lane.
Developments shall provide separate parking areas for the residential and commercial components.
Mixed use buildings shall provide separate and clearly identifiable accesses for the commercial and residential components.
The following regulations shall apply to an application for a Major Amusement Establishment:
The maximum floor area ratio shall be 1.0.
The maximum building height shall not exceed 10.66 m (35 ft.).
A landscaped yard, a minimum of 4.0 m (13.12 ft.) in width shall be provided adjacent to 102 Street. Landscaping shall consist of one mature coniferous tree, a minimum height of 3.0 m (9.8 feet) together with a mix of deciduous and coniferous shrubs for every 4.5 m (14.7 ft.) of linear yard, and shall be provided to the satisfaction of the Development Officer.
No landscaped yard shall be required along the north and south property line. However, a 1.8 m (6.0 ft.) high screen fence shall be located along the north and south property line. The fence shall not encroach into the 4 m (13.12 ft.) yard provided adjacent to 102 Street.
No landscaped yard shall be required along the north/south lane; details of lane access and screening/fencing requirements along the lane shall be to the satisfaction of the Development Officer and the Transportation Department having regard to traffic movement and impact, and overall aesthetics of the development.
Any mechanical equipment located on the building roof shall be screened from view or incorporated within the building roof.
Any exterior lighting of the site shall be designed so that the lighting is directed away from adjacent development and the intensity of illumination shall not extend beyond the boundaries of the site.
To ensure a high standard of development, detailed site and building design plans shall be submitted with the initial development permit application. Such plans, shall include amongst other things, details of overall site layout, exterior building treatment and colour scheme, perimeter and internal landscaping, fencing and screening, parking layout, and comprehensive signage plans. These plans shall be to the satisfaction of the Development Officer, in order to minimize any impact on surrounding development.
No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within a required yard. Loading, storage and trash collection area shall be located to the rear or sides of the principal building and shall be screened from view from any adjacent sites and public roadways in accordance with the provisions of Section 69.3 of the Land Use Bylaw. Trash collection and loading shall be restricted to the lane.
The Development Officer shall require, as a condition of approval, that the applicant provide an irrevocable letter of credit or a performance bond, in the amount of 100% of the established landscaping cost, the conditions of the security being that:
if the landscaping is not completed in accordance with the provisions of this District and the landscaping plan, 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 Landscaping Bond 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.
Signs shall be allowed for this Use Class in accordance with Schedule 79F and in accordance with the general provisions of Sections 79.1 to 79.9 inclusive, of the Land Use Bylaw. In addition, a comprehensive sign plan for the entire development shall be submitted with the initial development permit application, to the satisfaction of the Development Officer, having regard to ensure that any site and building signage is compatible with this development and will not negatively impact surrounding commercial development and residential development north of 106 Avenue.
Development in this District will be evaluated with respect to compliance with the General Development Regulations of Section 5079 inclusive, of the Land Use Bylaw.
The Development Officer may grant relaxation to Sections 5079 of the Land Use Bylaw and the provisions of this District, if in his opinion, such a variance would be in keeping with the general purpose of this District and would not affect the amenities, use and enjoyment of neighbouring properties.
Any Apartment Housing development, if in conjunction with, or as part of a Major Amusement Establishment, shall comply with the development regulations as outlined in Section 4(a) of this District.