Note: Section 15.13 was added through Bylaw 16783, April 28, 2014.
To establish a Direct Development Control Provision to accommodate the development of an architecturally sensitive low density mixed use residential and parking structure on a site containing a building on the Inventory of Historic Resources in Edmonton converted to commercial Uses.
This Provision shall apply to Lot 66, Block 11, Plan NB on the northwest corner of 99 Avenue NW and 111 Street NW, as shown on Schedule “A” of this Bylaw adopting this Provision, Oliver.
Apartment Housing
Business Support Services
Garage Suites
Health Services
Major Home Based Business
Minor Home Based Business
Personal Service Shops
Private Education Services
Professional, Financial and Office Support Services
Single Detached Housing
Freestanding On-premises Signs
Development within this Provision shall be in general conformance with Appendix I (Site Plan).
A structure may be built on Site that contains one Dwelling located above a Parking Garage on ground level, with a basement used for residential and commercial use storage only (not a Dwelling). This structure shall be architecturally sensitive to the Cornelius Gallagher Residence to the satisfaction of the Development Officer in consultation with the Heritage Officer. This structure shall not be considered an Accessory building to the Cornelius Gallagher Residence and Section 50 of the Zoning Bylaw shall not apply to the new structure. For the purpose of this Provision, this structure shall be referred to as the “New Development” as shown on Appendix I.
Business Support Services, Health Services, Personal Service Shops, Private Education Services and Professional, Financial and Office Support Services shall only be allowed if located within the Cornelius Gallagher Residence; these commercial Uses shall not be allowed within the New Development.
The above ground portion of the New Development shall be separated from the Cornelius Gallagher Residence by a minimum of 8.0 m.
Section 54.7 of the Zoning Bylaw shall not apply to the Parking Garage.
The maximum Floor Area Ratio shall be 1.3.
The maximum Site Coverage shall be 45%.
The maximum Height for the New Development shall not exceed 9 m and no increase in Height shall be allowed for the Cornelius Gallagher Residence.
The minimum Setback from 111 Street NW to the east shall be 4.3 m.
The minimum Setback from 99 Avenue NW to the south shall be 3 m.
Notwithstanding the 99 Avenue NW Setback requirement above or Section 44 of the Zoning Bylaw, an unenclosed veranda/porch attached to the New Development with an above balcony may extend a maximum of 1.6 m into this Setback. In addition, steps leading up to the veranda/porch from 99 Avenue NW may extend a further 1.0m into this Setback from the edge of the veranda/porch.
The minimum Setback from the Rear Lane to the west shall be 5.5 m.
The minimum Setback from the interior, north Lot line shall be 0.5 m.
Notwithstanding the above Setback requirements, no minimum Setback requirements shall apply to the Cornelius Gallagher Residence, except where a new addition to the structure is to occupy additional area within the site.
Notwithstanding Section 48 of the Zoning Bylaw, all required Separation Space shall be reduced to the minimum Setback requirement.
The windows contained within the New Development shall be placed and sized such that they minimize overlook into Yards and windows of abutting properties through off-setting window placement to limit direct views of abutting rear or side yard amenity areas, or direct view into the New Development to the satisfaction of the Development Officer.
Notwithstanding Section 54 of the Zoning Bylaw, the following shall apply:
A total of nine (9) accessory vehicular parking spaces shall be provided of which two (2) shall be for the residential Dwelling and seven (7) shall be for the commercial Uses within the Cornelius Gallagher Residence. In addition:
The two residential parking spaces may be developed as Tandem Parking; and
One of the commercial spaces shall be developed as a small car space as per the dimensions in Section 54.2 of the Zoning Bylaw.
Vehicular access to the Parking Garage and Parking Area shall be from the Rear Lane or the existing Driveway from 99 Avenue NW as shown on Appendix I;
Notwithstanding Section 54 of the Zoning Bylaw, 2 Bicycle Parking spaces shall be required and may be located within a building.
No Off-street Vehicular Loading Facilities shall be required.
Notwithstanding the above, in the event that the Cornelius Gallagher Residence is converted back to residential Uses, commercial parking spaces may also be converted to residential spaces and the number of required parking spaces may be varied by the Development Officer in consultation with Transportation Services to meet the needs of the residential development.
A minimum 1.83 m high screen wood fence shall be provided for the portion of the north property line to the rear of the Cornelius Gallagher Residence to provide visual screening of parking and trash collection areas from the abutting property to the north.
Exterior lighting shall be in accordance with Section 51 of the Zoning Bylaw and all Parking Areas shall be well-lit so as to provide a safe environment for pedestrians including the use of full cut-off lighting.
Notwithstanding Section 55 of the Zoning Bylaw, Landscaping shall be in general conformance with that shown on Appendix I. All 5 existing mature trees within the site and the existing hedge along the east side of the existing Driveway from 99 Avenue NW shall be retained and protected. All 4 mature trees on boulevards abutting the Site shall also be retained and protected.
Notwithstanding Sections 46 and 47 of the Zoning Bylaw, the required Amenity Area for the residential Dwelling shall consist of the veranda facing 99 Avenue NW and the second storey balcony above. A combined total of 15m2 of residential Amenity Area shall be provided. There shall be no minimum length, width or depth requirements for Amenity Area.
Notwithstanding Section 46 and 47 of the Zoning Bylaw, there shall be no requirement for Amenity Area for Commercial Uses.
All exterior trash collection areas shall be located as shown on Appendix I, shall be accessed from the rear Lane and shall be screened in accordance with Section 55.4 of the Zoning Bylaw.
Signs shall comply with Schedule 59H of the Zoning Bylaw and in addition, only one Freestanding On-premises Sign shall be allowed and located as shown in Appendix I. The sign shall be designed and finished in a manner consistent with the architectural theme of the development and be sensitive to the character of the Cornelius Gallagher Residence to the satisfaction of the Development Officer in consultation with the Heritage Officer.
The design and appearance of any additions or alterations to the Cornelius Gallagher Residence shall not significantly impact the historically significant aspects of the building. Any such development shall complement the original historical building in scale, proportion, architectural style, detail and materials to the satisfaction of the Development Officer in consultation with the Heritage Officer.
Decorative and security lighting shall be designed and finished in a manner consistent with the architectural theme of the development and be sensitive to the character of the Cornelius Gallagher Residence to the satisfaction of the Development Officer in consultation with the Heritage Officer.
Appendix I