Bylaw 14369
Amendment No. 715
WHEREAS Lots 17 and 18, Block 1, Plan 4077KS; located north of 100 Avenue NW and east of 184 Street NW, Place LaRue, Edmonton, Alberta, are specified on the Zoning Map as (RR) Rural Residential Zone; and
WHEREAS an application was made to rezone the above described property to (DC2) Site Specific Development Control Provision;
NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government Act RSA 2000, ch. M-26, as amended, the Municipal Council of the City of Edmonton duly assembled enacts as follows:
1. The Zoning Map, being Part III to Bylaw 12800 The Edmonton Zoning Bylaw is hereby amended by rezoning the lands legally described as Lots 17 and18, Block 1, Plan 4077KS; located north of 100 Avenue NW and east of 184 Street NW, Place LaRue, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule ”A”, from (RR) Rural Residential Zone to (DC2) Site Specific Development Control Provision.
2. The uses and regulations of the aforementioned DC2 Provision are annexed hereto as Schedule "B".
3. The sketch plan annexed hereto as Schedule "A" and the uses and regulations of the DC2 Provision shown on Schedule "B" annexed hereto are hereby incorporated into the Zoning Bylaw, being Part IV to Bylaw 12800, The Edmonton Zoning Bylaw.
SCHEDULE "A"
SCHEDULE ”B”
(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION
1. General Purpose
To accommodate the development of two hotels in accordance with the Place La Rue West Neighbourhood Area Structure Plan and the Major Commercial Corridor Overlay in order to achieve a high-quality development that is appropriate for the site’s location adjacent to a major ”r;gateway” corridor of the city, and that will not adversely affect neighbouring residential uses and transportation facilities.
2. Area Of Application
Lots 17 and 18, Block 1, Plan 4077KS, located north of 100 Avenue NW and east of 184 Street NW, Place LaRue, as shown on Schedule ”A” of this bylaw, adopting this provision.
3. Uses
a. Business Support Services
b. Bars and Neighbourhood Pubs, for less than 200 occupants and 240 m2 of Public Space
c. Convenience Retail Stores
d. Hotels
e. Professional, Financial and Office Support Services
f. Restaurants
g. Specialty Food Services
h. Fascia On-premises Signs
i. Freestanding On-premises Signs
j. Projecting On-premises Signs
k. Temporary On-premises Signs
4. Development Regulations
a. Development on this site shall be generally in accordance with the following regulations and site plan illustrated in Appendix 1 of this Bylaw and the elevation drawing, as shown as Appendix II. While an elevation drawing for the future hotel (Stage 2) is not provided as part of this bylaw, the architectural design of the future hotel shall be consistent and harmonious with the initial development.
b. As per Section 720.3(3) of the Zoning Bylaw, all regulations in the Zoning Bylaw shall apply to this Direct Control Provision unless specifically excluded or modified by the regulations contained herein.
c. The maximum Floor Area Ratio (FAR) shall be 0.75.
d. The maximum building Height shall be 14.0 m
e. A minimum building setback of 14 m shall be provided adjacent to 100 Avenue and 184 Street. The setback to 100 Avenue shall be measured from the proposed property line, which accommodates the required turn bay, as shown on Appendix I.
f. A landscaped yard with a minimum width of 7.5 m shall be provided adjacent to 100 Avenue and 184 Street and a landscaped yard shall be provided on the northern perimeter:
i. Within all yards specified above, a minimum of five deciduous trees (with a minimum Caliper of 6.0 cm), five coniferous trees (with a minimum height of 3.0m), and 20 shrubs shall be required for each 35.0 m of lineal yard; and
ii. Perimeter landscaping, within the required yard, shall include a continuous berm, a minimum average of 1.0 m in height, along 100 Avenue and 184 Street perimeter, and be installed in conjunction with the first development permit.
iii. The 7.5 m yard adjacent to 100 Avenue shall be measured from the proposed property line, as shown on Appendix I.
iv. Along the northern perimeter of the site, a minimum of five deciduous trees (with a minimum Caliper of 6.0 cm), five coniferous trees (with a minimum height of three meters) and 20 shrubs shall be required for each 35.0 m of lineal yard.
g. All development shall be required to comply with, but are not limited to, the following Architectural Guidelines:
i. All habitable room windows located greater than 10 m above grade shall face the east or west; there shall be no south or north facing habitable room windows above this elevation.
ii. Architectural treatments such as canopies, variation in building form, facades, varying heights and rooflines, the juxtaposition of the buildings on the site, and the articulation of building walls are encouraged for all buildings to create visual interest and to minimize the perceived mass of buildings as viewed from 100 Avenue.
iii. The use of exterior wall finishing materials shall be of high quality, be harmonious with the architectural style established for the area, and be predominantly composed of muted colours with strong colours limited to use as an accent.
iv. Exterior finish treatment of all sides of each building wall shall be consistent with one material predominant for the exterior finish of each building. On buildings situated closest to the corners of adjacent public roadway intersections, or internal accesses or intersections of the Area of Application, the façade treatment shall wrap around the sides of the building to provide a consistent high quality profile.
v. Any canopies shall be designed and finished in a manner consistent with the design and finishing of the two buildings, such that the canopy is not obtrusive and maintains consistency with the eave line of the principal building, and illumination is directed downwards.
vi. There shall be no chain link fencing, or barbed wire combinations, in view of or adjacent to major public roadways.
vii. The Development Officer shall require building design plans to be submitted with development permit applications. Such plans shall include details of overall site layout, building elevations, exterior building façade and treatment finishings and colour scheme, scale of exterior finish patterns, roofline and roof materials and internal landscaping, fencing and screening, parking layout and signage.
viii. All exterior lighting is to be designed so that illumination is indirect from all angles when viewed off-site and not intrude into neighbouring sites to the south or north. Lighting fixtures and apparatus are not to exceed a height of 10 m.
ix. Animated and bright perimeter signage is to be designed to minimize light pollution and visual intrusion into residential properties south of 100 Avenue and north of the site.
x. Any lighting on a sign higher than 10 m and more than 7.5 m north of 100 Avenue is to be oriented east-west and not face south or north.
xi. Notwithstanding the previous clause, signage may be developed on a south facing wall, or be attached to a building, above 10 m in height providing that it is backlit and designed to prevent light from emitting toward residential areas south of 100 Avenue or north of the site.
xii. Signs are allowed within required yards if they are developed as a feature of the landscaped yard but are not to exceed a height of 10 and any illumination is to be backlit only.
h. Landscaping Plan and Design Guidelines:
i. Any development application shall include a Conceptual Landscaping Plan with shall be submitted with the initial Development Permit Application.
ii. The Detailed Landscaping Plan shall be approved by the Development Officer prior to the issuance of a development permit, and shall comply with the requirements specified by this Provision to ensure a high standard of appearance.
iii. 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, conditions of the security being that:
A. If the landscaping is not completed in accordance with this Provision and the Detailed 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
B. 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 healthy condition two growing seasons after the completion of the landscaping.
i. No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within a required yard. Loading, storage and trash collection areas shall be located to the rear or sides of the building and shall be screened from view from any adjacent sites or public roadways.
j. There shall be no unscreened on-site outdoor storage of material or any trailer storage.
k. A 1.8m high solid screen fence shall be provided along the northernmost property line for the purpose of buffering this development from the abutting mobile home park. At such time as the mobile home park is redeveloped for non-residential use, said screen fencing will no longer be required.
l. The developer and all subsequent owners and operators of businesses shall be prohibited from conducting any activities that create noise between 10:00 p.m. each evening Monday through Saturday and 7:00 a.m. each following morning; and between 7:00 p.m. Sunday to 9:00 a.m. Monday when the impacts would be most significant on surrounding residential uses south of 100 Avenue and west of 178 Street.
m. Consideration to best exclude sound from encroaching into the residential area to the south or north shall include but is not limited to the exclusion of external loud speakers or other loud sound generating equipment.
n. The owner shall enter into a Servicing Agreement with the City of Edmonton, in conjunction with the first development permit, for off-site improvements necessary to serve the development. Improvements to be included in the Servicing Agreement include but are not limited to the following:
i. Payment of the proportionate share of the Arterial Roadway Assessment for the construction of arterial roadways in the catchment area.
ii. Construction of a sidewalk and all necessary curb ramps on the north side of 100 Avenue between 184 Street and the existing sidewalk east of the site, as shown on Appendix I;
iii. Construction of a sidewalk and all necessary curb ramps on the east side of 184 Street from 100 Avenue to the north property line of the site, if deemed constructible by the Transportation Department;
iv. Construction of a curb return access to 184 Street;
v. Construction of a curb return access to 100 Avenue and associated turn bay.
o. The owner shall register a road plan to provide additional road right-of-way to accommodate a turn bay for the 100 Avenue access.
p. If the Mobile Home Park Use to the north of the site ceases, the restrictions on lighting contained in sections 4. g) (viii), (ix), (x) and (xi), and the noise restrictions contained in section 4. m) shall not apply with respect to the northern perimeter of the site.
5. Interpretation
This Provision shall be interpreted such that any areas which are designated on the site plan for use as buildings may be developed for interim use as vehicle parking and/or vehicle drive aisles, provided that all landscaping, setback and other requirements of this Provision and the Zoning Bylaw are met. Nothing in this Provision shall require the development of any building on the site plan.
