Part IV Edmonton Zoning Bylaw
October 8, 1991
To establish a Site Specific Development Control District to accommodate a community level commercial development and to establish sensitive site development regulations that will ensure compatibility with surrounding low density residential land uses.
This DC5 District shall apply to Lot l, Block ll, Plan 892 2540 and Lot 2, Block 11, Plan 912 2242, located on the northeast corner of 34 Street and the proposed 38 Avenue, as shown as Area B on the sketch plan to the Bylaw adopting this DC5 District; Larkspur, The Meadows.
Business Support Services
Daytime Child Care Service
Drive-in Food Service
General Retail and Convenience Retail Stores
Indoor Participant Recreational Services
Major Alcohol Sales
Major and Minor Eating and Drinking Establishments
Minor Alcohol Sales
Minor Service Stations
Personal Service Shops
Professional, Financial and Office Support Services
Rapid Drive-through Vehicle Services
Minor Veterinary Services
Residential Sales Centre
The maximum floor area ratio shall be 0.5.
The maximum heights for buildings and for architectural features, such as tower elements and cupolas, shall be as follows:
the maximum building height shall not exceed two storeys nor an overall height of 9 m (29.5 ft.) measured from grade to the uppermost limit of the roof, excluding architectural features and towers; and
the maximum height of architectural features and tower elements measured from grade to the uppermost limit of the architectural feature shall not exceed 14 m (45.9 ft.).
A minimum building setback of 15.0 m shall be required from the north, northeast and east boundaries of the site for all buildings and structures including accessory parking garages which are greater than 5.5 m in height, but not greater than 9 m in height when measured from grade to the uppermost limit of the roof or structure, including architectural features and towers. That portion of any building or structure greater than 9 m in height shall be set back a minimum of 30 m from the north, northeast and east boundaries of the site.
A landscaped yard a minimum of 6.0 m (19.7 ft.) in width shall be required adjacent to the north, northeast and east property lines where the site abuts a Residential District. A 1.0 m high berm centred on the property lines and solid screen fencing, 1.82 m (6.0 ft.) in height to be centred on the property line shall be provided within this yard. The screen fencing shall be of a design consistent with the residential context. The yard shall be intensively landscaped with a minimum of three deciduous, three coniferous trees and 20 shrubs for every 30.0 m of linear yard. The deciduous trees shall have a minimum caliper of 7.5 cm and the coniferous trees shall have a minimum height of 3.0 m. This landscaping shall be provided in groupings to the satisfaction of the Development Officer so as to achieve an attractive landscaped transition to the residential development to the north northeast and east.
A landscaped yard a minimum of 4.5 m (14.5 ft.) in width shall be required adjacent to 34 Street, and 38 Avenue. Landscaping treatment shall consist of three deciduous trees, a minimum caliper of 7.5 cm, three coniferous trees a minimum height of 3.0 m and 20 coniferous shrubs for every 30.0 m of linear yard. These groupings shall be provided to the satisfaction of the Development Officer.
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 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.
No parking, loading, storage, trash collection, outdoor services or display area shall be permitted within a required yard, and loading, storage, parking and trash collection areas 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. No loading, storage and trash collection areas shall be permitted within a distance of 30.0 m from the north, northeast and east property lines, which abut a Residential District. Notwithstanding the foregoing, the minimum setback for loading areas adjacent to the north, northeast and east property lines, which abut a Residential District, may be reduced to a minimum of 9 m at the discretion of the Development Officer, if appropriate measures such as solid walls, an enclosed structure and additional landscaping are provided for that reduce any negative impacts of the loading area on the adjacent residential District.
Development shall be in accordance with the following architectural guidelines, to the satisfaction of the Development Officer:
all exterior finishing materials must be of good quality, durable and attractive in appearance, and all exposed building faces shall have consistent and harmonious exterior finishing materials and the treatment of all four sides of building shall be consistent;
all mechanical equipment on the roof of any building shall be concealed by incorporating it within the building roof, or shall be concealed by screening that is consistent with the character and finishing of the building;
all rooflines shall include elements of a sloped residential character;
that any buildings with a wall exceeding 30.0 m in length that is oriented to the north, northeast, and east property line, which abut a Residential District, shall comply with the following guidelines;
the roofline and building facades shall include design elements and variations that reduce the perceived mass of the building and add architectural interest;
the exterior wall finishing materials shall be predominantly composed of muted colours with strong colours limited to use as an accent, and consist of brick, precast concrete, textured concrete, stone or stucco, with prefinished metal or wood limited to use as an accent; and
the provision of landscaping to minimize the perceived mass of the building and create visual interest.
The Development Officer may also require that such developments have a building setback greater than the requirements of Clause 4.d to minimize the perceived massing of the development when viewed from the residential development to the north, northeast and east.
that the placement of windows above one storey shall be oriented so as to minimize opposing views to the adjacent residential development.
Any exterior lighting of the site shall be designed so that the lighting is directed away from the adjacent residential development to the north, northeast and east, and the intensity of illumination shall not extend beyond the boundaries of the site.
Signs shall be allowed in this District as provided for in Schedule 79D and in accordance with the general provisions of Sections 79.1 to 79.9 inclusive of the Land Use Bylaw. In addition, free standing signs intended to identify the site and the principal tenants shall be located along the 38 Avenue and 34 street frontages in order to protect the visual environment along 33 Street.
Developments in this District shall be evaluated with respect to compliance with the General Development Regulations of Sections 5079 inclusive of the Land Use Bylaw.
The Development Officer may grant relaxations to Sections 5079 on 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.
Minor Service Stations, Rapid Drive-through Vehicle Services, and Drive-in Food Services shall be developed in accordance with Section 82 of the Land Use Bylaw and be located a minimum of 25.0 m from the north, northeast and east property lines and oriented such that their primary business exposure and access is directed towards the southerly portion of the site adjacent to 34 Street and 38 Avenue.
Rapid Drive-through Vehicle Services shall be developed in accordance with the following:
the development shall be limited to a single bay rollover type of car wash;
that all mechanical equipment shall be housed within a enclosed building; and
that a development permit application shall contain information regarding anticipated noise impacts of the development and shall also be accompanied by a statement from a qualified professional engineer indicating what noise attenuation measures, if any, are required to ensure that the proposed development will comply with the City of Edmonton Noise Bylaw No. 7255, as amended. The Development Officer may require as conditions of Development Permit Approval that the applicant provide the noise attenuation measures recommended in the noise impact statement, or any other measure recommended by the City Engineer on the noise impact statement.
Overhead doors associated with the development of Minor Service Stations or Rapid Drive-through Vehicle Services shall not directly face towards a Residential District.
Gas Bars shall be in accordance with Section 82 of the Land Use Bylaw and located a minimum of 30.0 m from the north, northeast and east property lines and oriented such that their primary business exposure and access is directed towards the southerly portion of the site adjacent to 34 Street and 38 Avenue. In addition, a canopy shall be located over the gas pump islands to ensure that illumination be directed downwards and away from direct view by adjacent residential uses. Any canopy over the gas pump islands shall be designed and finished in a manner consistent with the design and finishing of the principal building, with the overall height and scale of the canopy to be to the satisfaction of the Development Officer, such that the canopy is not obtrusive and is lower than, or maintains the consistency with, the eave line or parapet of the principal building.
Major Eating and Drinking Establishments shall be oriented such that their primary business exposure and access is directed towards the southern portion of the site adjacent to 34 Street and 38 Avenue.
Daytime Child Care Service shall be developed in accordance with Section 93 of the Land Uses Bylaw and shall be located such that the direct access at grade can be provided to an outdoor play area. The outdoor play area, which shall be approved by the Development Officer in consultation with the General Manager of Family and Community Services, shall be located away from vehicular-oriented uses and from parking and loading areas on the site and shall be enclosed by building walls or a screen fence, a minimum of 1.8 m high.
Indoor Participant Recreation Services shall be limited to athletic clubs and health and fitness clubs.
Residential Sales Centres shall be developed in accordance with Section 95 of the Land Use Bylaw.
Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of the Land Use Bylaw.