Part IV Edmonton Zoning Bylaw
Bylaw 14912
April 26, 2010
To establish a Direct Control Provision to accommodate medium density residential development with controls and regulations allowing for the implementation of required building setbacks and buffering from the adjacent rail line, in compliance with the Ebbers Neighbourhood Area Structure Plan.
This Provision shall apply to a portion of NE ¼ Sec. 25-53-24-4, located north of 144 Avenue NW and west of the railway right-of-way, Ebbers (Area B), as shown on Schedule ”C” Appendix I of this Bylaw, adopting this Provision.
Apartment Housing
Boarding and Lodging Houses
Child Care Services
Limited Group Homes
Minor Home Based Business
Personal Service Shops and Convenience Retail Stores when designed as an integral and secondary component of a residential development consisting of 150 Dwellings or more
Residential Sales Centre
Stacked Row Housing, including Row Housing but excluding Semi-detached and Duplex Housing
Fascia On-premises Signs
Temporary On-premises Signs
Projecting On-premises Signs
The site layout and building locations shall be generally in compliance with the Site Plan as illustrated on the Schedule ”C” Appendix I, except that the Development Officer may require variances to the Site Plan to add depth to yards or building setbacks, enhance or provide pedestrian spaces, linkages, and facilities to improve the visual quality of the development, if in his opinion, such a variance would be in keeping with the purpose of this Provision and would not affect the amenities, use and enjoyment of the neighbouring properties
The maximum Density shall be 125 Dwellings/ha.
The minimum Site Area shall be 800 m2.
The minimum Site Width shall be 20.0 m.
The maximum Height shall not exceed 14.0 m nor 4 Storeys. Floor Area may be developed in attic areas as additional space to a Dwelling, and not counted as a Storey, provided the additional Floor Area creates architectural interest to the design of the building and the development is within the maximum allowable Height.
The maximum Floor Area Ratio shall be 1.3. The maximum Floor Area Ratio may be increased to 1.4 when underground parking is provided.
The minimum Front Yard (abutting the local road at the north end of the site) shall be 7.5m.
The minimum Rear Yard (abutting 144 Avenue) shall be 7.5 m.
No surface parking or loading facilities shall be located within the front yard landscaped setback area. The Development Officer may use his variance power to reduce this minimum Setback to a minimum of 3.0m where an acceptable combination of screening and berming is provided to screen the parking and loading area from the abutting site.
The minimum Side Yard for the south eastern boundary of the site (abutting the berm) shall be 8.0m.
Separation Space shall be provide in accordance with Section 48 of this Bylaw.
A minimum Private Outdoor Amenity Area of 30 m2 shall be provided for each Row Housing and Stacked Row Housing Dwelling unit.
A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided for each Apartment housing Dwelling unit.
The Dwellings on the ground floor fronting onto the public roadway shall have architectural features, including individual entrances, porches, and a stairway to grade.
The Dwellings on the ground floor fronting onto the public roadway shall have grade separation of a minimum 1.0m from the public sidewalk level.
A detailed Landscaping plan for the Site shall be submitted with the initial Development Permit application. Such Landscaping plans shall be in accordance with Section 55 of the Zoning Bylaw to the satisfaction of the Development Officer.
Provision of Landscaping adjacent to public roadways and parkland shall exceed the standard of Section 55.6.a of the Zoning bylaw by 10%.
A minimum landscape Setback of 7.5m shall be required from any apartment, Stacked Row House or Row House Dwelling to any property line common with Semi-detached Housing. No surface parking or loading facilities shall be located within this Setback area. The Development Officer may use his variance power to reduce this minimum Setback to a minimum of 3.0m where an acceptable combination of screening and berming is provided to screen the parking and loading area from the abutting site.
No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m of any property line that abuts a Site zoned to allow Semi-detached Housing as a Permitted Use;
No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m of the northeastern property line.
A solid screen fence, 1.83 m in height, shall be installed along the northeastern property line, except for common flanking Front Yard boundaries;
Design techniques including, but not limited to, the use of sloped roofs, variations in building setbacks and articulation of building façades, shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and roadways;
Building finishes shall be compatible with the exterior finishing materials and colours typical of adjacent Semi-detached Housing; and
The maximum Building Height for the directly adjacent façade along the northeastern property line shall not exceed 10.0 m nor 2 1/2 Storeys, except that such directly adjacent Apartment Housing may exceed this Height, to a maximum of 14.0 m or four Storeys, provided that the portion of the building above 10.0 m or 2 1/2 Storeys is set back or stepped back from the façade so that the adjacent Semi-detached Housing shall not be adversely impacted by excessive building massing or sun/shadow.
Principal buildings must have a setback of 30 m from the railway right-of -way as it exists as of January 2007.
All residential development must be separated from the railway by a solid screen fence which shall be placed on top of a minimum 2.0 m berm to achieve the required height. A minimum height differential of 4.5 m between the top of the railway track and the top of the fence must be maintained.
aa. Buildings shall address the public park to the west. A minimum of one common entrance shall be provided to allow for pedestrian access between the site and the public park. A 1.2m wide common pathway shall be developed within the site, connecting the individual entrances of the Dwellings on the ground floor with the common entrance(s) fronting the park to enhance accessibility to the park for future residents.
bb. A 1.8m decorative fence shall be provided separating the park from the residential area to delineate public and private space and to enhance security. Breaks in the fence will be provided where required to permit accessibility to buildings adjacent to the park, in consultation with the Asset Management and Public Works Department (Parks Branch). The fence shall be constructed of materials that visually compliment both the development and the public park. Prohibited construction materials include chain link, corrugated or sheet metal, or any building material that the development officer considers hazardous or incompatible with the site development.
cc. A Crime Prevention Through Environmental Design assessment will be submitted as per section 58 & 54.7 at the time of the development permit application.
dd. Signs shall comply with the regulation found in Schedule 59B.
ee. The following regulations shall apply to Child Care Services, Personal Service Shops and Convenience Retail Stores development:
The total Floor Area of these Uses shall not exceed 275 m2; and
These uses shall not be permitted in any freestanding structure separate from a structure containing Residential Uses. Their principal entrance shall be a separate, outside entrance.
ff. A maximum of two decorative freestanding entrance features may be placed at the entrance to the site along the adjacent public roadway. The entrance features may incorporate artwork and /or information respecting the site. The entrance features shall not exceed a height of 1.8m. The entrance features shall be allowed to project into the site’s Front Yard to a maximum of 2.0m, provided that a minimum Setback of 3.0m is maintained between the property line and the projection. Separation Space requirements shall be reduced to accommodate these projections.
gg. The owner shall enter into an Agreement with the City of Edmonton for off-site improvements necessary to serve the development. Improvements to be addressed in the Agreement include but are not limited to the following:
hh. The provision of a cash contribution for traffic signals at the intersection of 144 Avenue and the North/South Spine Road to the satisfaction of the City of Edmonton Transportation Department should traffic signal be deemed to be a requirement by the Department.