1. General Purpose
To establish a Direct Development Control District to accommodate a limited range of uses such that by limiting the range of specific land uses and developing sensitive site development criteria the development will be compatible with the status of the Gem Theatre building facades as a Municipal Historic Resource.
2. Area of Application
This DC1 District shall apply to Lot 32, Block 2, Plan ND, located between 96 and 97 Streets, north of Jasper Avenue, Boyle Street
3. Uses
The following discretionary uses are allowed.
a) Apartment Housing
a) Apartment Hotels
b) Boarding and Lodging Houses
c) Group Homes
d) Home Occupation, Major and Minor
e) Limited Group Homes
f) Residential Sales Centres
g) Temporary Shelter Services
a) Alcohol Sales, Minor
b) Amusement Establishments, Major and Minor
c) Broadcasting and Motion Picture Studios
d) Business Support Services
e) Commercial Schools
f) Custom Manufacturing Establishments
g) Eating and Drinking Establishments, Major and Minor
h) Health Services
i) Hotels
j) Household Repair Services
k) Indoor Participant Recreation Services
l) Personal Service Shops
m) Professional Offices
n) Professional, Financial and Office Support Services
o) Retail Stores, Convenience
p) Retail Stores, General
q) Secondhand Stores, Major and Minor
a) Government Services
a) Child Care Services
b) Exhibition and Convention Facilities
c) Private Clubs
d) Private Education Services
e) Public Education Services
f) Public Libraries and Cultural Exhibits
g) Religious Assembly
h) Spectator Entertainment Establishments
4. Development Criteria
The following development criteria shall apply to the prescribed uses pursuant to Section 710.4 of the Land Use Bylaw.
a) All development in this district shall meet the requirements established herein and where not superseded by the development criteria, the attached design guidelines and sign regulations of this District, to the satisfaction of the Development Officer in consultation with the Heritage Planner, in accordance with the regulations contained in the Land Use Bylaw No. 5996, as amended and the objectives set out in the Boyle Street/McCauley Area Redevelopment Plan, as amended.
b) The total maximum floor area ratio shall be 2.91. The third storey addition to the Gem Theatre shall not exceed a floor area ratio of 0.85 or 427.34 m2 (4600 sq.ft).
c) The maximum building height shall not exceed 10.5 m (34.5 ft.) nor 3 storeys. No new construction is to occur above the roof lines of the adjacent existing 3 storey buildings.
d) The existing building shall retain its front, side and rear property lines.
e) Any new construction above the height of the designated building, must be setback a minimum of 2.0 m (6.56 ft) from the front (Jasper Avenue) of the designated building’s parapet.
f) Development Criteria for Apartment Housing:
i) Apartment Housing shall only be permitted above the first storey where the first storey will be used for commercial purposes and;
ii) the housing component shall have access at grade which is separate from the access for the commercial premises.
g) Loading, storage and trash collection areas shall be located to the rear of the principal building and shall be screened from view from any adjacent sites or public roadways in accordance with the provisions of subsection 69.4 of the Land Use Bylaw.
h) Off-street parking for the existing building, including renovation, addition to the building and rehabilitation projects, will only be required to maintain existing parking on-site.
i) Accessory parking shall be located at the rear of the building and access to the parking shall be restricted to the rear lane.
j) Off-street vehicular loading and unloading spaces for the existing building, addition to the building including renovation and rehabilitation projects, will only be required to maintain existing off-street loading and unloading facilities.
k) Architectural design guidelines for any proposed additions to the Gem Theatre:
i) The development should be designed in a complementary manner and in accordance with conservation principles and practices with regard to addition / alterations to historic buildings.
ii) Any new development must relate to the following elements of the Gem Theatre, as described in Appendix 1:
a) building façade and design elements, e.g. horizontal elements, vertical design elements, rhythm of window openings, pilasters and other design elements on both the ground and upper storeys;
b) building materials (type, colour and texture); and
c) architectural detailing.
l) Development Criteria for Signs:
i) Signs shall be as provided for in Schedule 79J and in accordance with the general provisions of Section 79 of the Land Use Bylaw, as amended;
ii) New signs designed in a complementary manner that, as much as is practicable, follow the traditional pattern and location of signs, as described in Appendix 2;
iii) A Comprehensive Sign Design Plan in accordance with Section 79.6 of the Land Use Bylaw showing the sign and the complete facade and marquee of the Gem Theatre on which the sign shall be located shall be prepared for the development and submitted with the development or sign permit application to be approved by the Development Officer in consultation with the Heritage Planner;
iv) Maximum amount of signage and signage by type will be determined by the building frontage;
v) Signs permitted shall include facia Signs and window Signs;
vi) Painted Wall Signs are NOT permitted on any facades of the building except where a painted wall sign already exists. Such painted wall signs shall only be allowed to be maintained; and
vii) Signs not permitted include scintillating, flashing, animated, rotating and balloon signs and billboards.
m) Any addition to the Gem Theatre shall be evaluated with respect to compliance with the General Development Regulations of Sections 50 to 79 inclusive of the Land Use Bylaw and in accordance with conservation principles and practices as it pertains to the historic resource contained herein.
n) The Development Officer, in consultation with the Heritage Planner, may grant relaxation to Section 50 to 79 of the Land Use Bylaw, if in his opinion, such a variance would be in keeping with the general purpose of this District and the objectives of Section 7.2.6 of the Boyle Street/McCauley Area Redevelopment Plan, as amended and would not affect the amenities, use and enjoyment of the neighbouring properties.
o) Development in this District shall be evaluated with respect to compliance with the Special Land Use Provisions of Sections 80 to 102 inclusive of the Land Use Bylaw and in accordance with conservation principles and practices as it pertains to historic buildings.