Bylaw 16136
June 18, 2012
Bylaw 17112
March 16, 2015
Bylaw 18636
December 10, 2018
Charter Bylaw 19986
March 15, 2022
To provide transition for the area to become a pedestrian-oriented, urban style commercial mixed use area, while respecting the character of 104 Street NW and Gateway Boulevard NW. This Provision enhances the pedestrian environment by incorporating pedestrian scaled architecture, amenities and landscaping. It allows for Industrial, Commercial and limited Residential Uses.
This Provision shall apply to the properties generally located between 63 Avenue NW to the south, 78 Avenue NW to the north between 105 Street NW to the west and the CPR Irvine rail corridor to the east, as shown on Schedule “A” of the Charter Bylaw adopting this Provision, Strathcona Junction and Allendale.
This DC1 Provision is divided into four areas as shown in Appendix 1. Area 1 is adjacent to 104 Street NW, Area 2 is adjacent to the west side of Gateway Boulevard NW, Area 3 is on the east side of Gateway Boulevard NW and Area 4 is the northwest corner of 63 Avenue NW and Gateway Boulevard NW.
Animal Hospitals and Shelters
Auctioneering Establishments
Automotive and Equipment Repair Shops
Media Studios
Business Support Services
Cannabis Retail Sales
Carnivals
Commercial Schools
Convenience Retail Stores
Equipment Rentals
Fleet Services
Funeral, Cremation and Internment Services
General Retail Stores
Government Services
Greenhouses, Plant Nurseries and Garden Centres
Health Services
Household Repair Services
Indoor Participant Recreation Services
Limited Contractor Services
Liquor Stores
Major Amusement Establishments
Market
Minor Amusement Establishments
Natural Science Exhibits
Personal Service Shops
Private Clubs
Private Education Services
Professional, Financial and Office Support Services
Protective and Emergency Services
Recycling Depots
Religious Assembly
Residential Sales Centre
Restaurants
Secondhand Stores
Special Industrial Uses
Specialty Food Services
Spectator Entertainment Establishments
Veterinary Services
Fascia On-premises Signs
Minor Digital On-premises Signs
Projecting On-premises Signs
Roof On-premises Signs
Temporary
On-premises Signs
Apartment Hotels
Bars and Neighbourhood Pubs
Child Care Services
General Industrial Uses, existing at the time of the approval of the Charter Bylaw adopting this Provision, excluding vehicle body repair and paint shops
Hotels
Live Work Unit
Motels
Multi-unit Housing
Nightclubs
Public Education Services
Public
Libraries and Cultural Exhibits
Bars and Neighbourhood Pubs
Child Care Services
General Industrial Uses
Hotels
Motels
Multi-unit Housing
Nightclubs
Public Education Services
Public Libraries and Cultural Exhibits
Warehouse Sales
Freestanding
On-premises Signs
General Industrial Uses
Nightclubs
Warehouse Sales
Freestanding
On-premises Signs
Auctioneering Establishments and Equipment Rentals shall have all goods and equipment contained within an enclosed building.
Cannabis Retail Sales shall be developed in accordance with Section 70 of the Zoning Bylaw.
Carnivals shall only be allowed for periods not exceeding seven consecutive days.
Liquor Stores shall only be allowed on Sites east of 104 Street NW.
Religious Assembly shall exclude rectories, manses, dormitories, convents, monasteries and other residential buildings.
Temporary On-premises Signs shall not include portable signs.
The overall Site development shall be in general accordance with the Strathcona Junction Area Redevelopment Plan.
Within the areas identified in Appendix 2 as Future Avenue, where road right-of-way has not been dedicated or a public easement has not been obtained on private property, development shall be restricted as follows:
no new buildings shall be allowed to be constructed;
temporary developments, including tents, covered enclosures and Signs shall be allowed on an interim basis; and
the width of a Future Avenue where development is restricted shall be the same width of the existing road right-of way of the avenue of which the Future Avenue is an extension, unless otherwise prescribed by Subdivision and Development Coordination (Transportation).
Construction of roadways within areas identified in Appendix 2 as Future Avenues shall comply with the following:
construction of roadways within the Future Avenues shall be a requirement of comprehensive developments (new buildings or major expansions) on Sites that include or that abut a Future Avenue, whether it is public road right-of-way or an easement on private property, except where a building already exists within the Future Avenue and is to be retained;
roadway construction shall include the entire area of the Future Avenue; and
construction of Future Avenue roadways shall be designed to:
allow vehicular traffic to and from Gateway Boulevard NW and/or connecting portions of existing avenue stubs east of 104 Street NW;
have sidewalks on both sides with a minimum clear walking width of 2.0 m and mid-block crosswalks at logical locations;
minimize the number of vehicular accesses crossing the sidewalks to the Future Avenue;
have pedestrian-oriented street lighting;
have street trees and curbside parking on at least one side but not necessarily the same side; and
be to the satisfaction of the Development Officer in consultation with Subdivision and Development Coordination (Transportation).
At the discretion of the Development Officer in consultation with Subdivision and Development Coordination (Transportation), a Traffic and/or Parking Impact Assessment prepared by a registered Professional Engineer shall be required as part of the application for a Development Permit. Issuance of the Development Permit shall be subject to there being sufficient capacity on the adjacent roadway network, adequate access to and from the Site and where warranted a Development Agreement to construct or pay for the construction of any off-site improvements needed to accommodate the additional pedestrian and/or vehicular traffic associated with the development.
Buildings shall not exceed 14.0 m nor four Storeys in Height, except that buildings east of 104 Street NW in Area 1 and within Area 2 shall be permitted an increase in Height up to 23.0 m, not to exceed six Storeys, provided that:
any building above four Storeys is subject to a minimum 2.0 m Stepback for that portion of the building above four Storeys (see Figure 1); and
massing and sun/shadow impacts are addressed to the satisfaction of the Development Officer.
The maximum Floor Area Ratio shall be:
4.0 for office and commercial developments and mixed office, commercial and residential developments; and
2.0 for industrial developments.
Building entrances shall be at street level.
All buildings over one Storey in Height shall be designed to include a discernible top, middle and bottom by use of different architectural elements and treatments to break up vertical massing.
Façade treatments of new or substantially renovated buildings shall incorporate canopies, awnings or arcades, entrance features or other features to enhance pedestrian comfort and visual interest along the street.
On Corner Lots the Façade treatment shall wrap around the side of the building to provide a consistent profile facing both public roadways, and special treatments such as a corner entrance shall be considered.
Where a Hotel is to be developed, a maximum 30% of the first Storey Frontage along the public roadway shall be used for lobbies, with the remaining floor space used for Commercial Uses.
Signs shall be provided with the intent to complement a pedestrian-oriented environment. Signs shall comply with the regulations found in Schedule 59E, except that:
the maximum Height of a Freestanding Sign shall be 6.0 m;
a Projecting Sign may be used to identify businesses that are located entirely at or above the second Storey level; and
the top of a Projecting Sign on a building two Storeys or higher shall not extend more than 75 cm above the floor of the second or third Storey, nor higher than the windowsill level of the second or third Storey.
The number of vehicular accesses to Sites will be minimized by means of limiting access to an adjacent Lane, cross lot access or as a shared access with an adjacent land owner where possible.
Loading docks shall be fully screened from public roadways other than a Lane and from Future Avenues as identified in Appendix 2.
The following development regulations shall apply to parking:
development will locate and organize vehicular parking to improve the safety and attractiveness of adjacent streets and any open spaces by:
integrating any above-ground parking structures with building design, and having commercial or other active Uses at ground level facing adjacent streets, parks and open spaces;
designing pedestrian routes within Surface Parking Lots of over 30 spaces to connect building entrances, open spaces, parking spaces, public sidewalks, future transit stops and any other pedestrian destinations as illustrated in Figure 2, this shall include:
a barrier-free pathway with a minimum clear width of 1.7 m;
landscaping along both sides of the pathway;
pedestrian-scale lighting to illuminate and define the route;
orientation of parking spaces to minimize the number of traffic aisles that pedestrians must cross;
wheel stops or other barriers to ensure vehicles do not overhang into the pedestrian pathway; and
a clear division from vehicular areas;
in addition to the requirements of Section 55 of the Zoning Bylaw, Landscaping shall be used to separate public pathways (including sidewalks) from the Surface Parking Lot and to separate the Surface Parking Lot from a public or internal private roadway; and
on Sites where surface parking is proposed and comprises an area of 1500 m2 or greater, a concept plan shall be provided for new development applications demonstrating how a minimum Floor Area Ratio of 0.8 could be achieved through future phases of development. Such concept plans are intended to illustrate how future densification could be accommodated without prejudicing future development, and shall not imply a commitment or obligation to such future development.
All mechanical equipment, including roof mechanical units, shall be concealed by screening so that the equipment is not visible from the viewpoint of a pedestrian viewing the building from any abutting public or private roadway, in a manner compatible with the architectural character of the building or concealed by incorporating it within the building.
Prior to the issuance of any Development Permit, the applicant shall provide proof, through a Phase 1 Environmental Impact Assessment, and, where required, subsequent environmental impact assessments, satisfactory to the Development Officer in consultation with Alberta Environment and Parks, Alberta Health Services and Infrastructure Planning and Design (Engineering Services) that the lands have been remediated or are otherwise suitable to allow the intended Uses in the following cases:
any Development Permit for a change of Use to a Residential Use, or for a change of Use that includes an accessory Residential Use, including Multi-unit Housing, Apartment Hotels and Live Work Units; and
at the discretion of the Development Officer, any Development Permit for a new structure or additions not covered in Section 7.23(a) of this Provision (above).
The following regulations shall apply to Multi-unit Housing and Live Work Unit developments where permitted in Area 1 and Area 2:
Multi-unit Housing shall only be allowed above Non-Residential Uses, except at 10333 - University Avenue NW (legally described as Lot 43, Block 41, Plan 0620356), where the building existing on the date of approval of the Charter Bylaw adopting this Provision shall be allowed to convert the entire building, including the ground level Storey, to Multi-unit Housing;
Multi-unit Housing shall not be permitted in Area 2 unless a detailed risk assessment completed to the satisfaction of the Development Officer in consultation with Development Services (Planning Coordination) provides assurance that risk levels are acceptable;
the housing component of any mixed-use building shall be designed and sited to minimize any impacts from the commercial component of the development related to noise, traffic, circulation or loss of privacy;
where Multi-unit Housing development contains two or more Dwellings, a minimum of 7.5 m2 of Amenity Area per Dwelling is required, in accordance with the provisions of Section 46 of the Zoning Bylaw; and
a noise study prepared by a registered professional shall be submitted with any residential Development Permit application. If the study demonstrates that exterior Façade sound levels at any edge of the Site exceed Leq 60 dBA in a 24- hour period, then any Development Permit shall include a requirement for mitigation measures that would achieve a projected interior noise level of 45 dBA.
Green building and Landscaping features such as geothermal heating, solar orientation, natural ventilation, green roofs, bioswales, rain gardens and permeable pavement should be considered as part of new development and conversions in order to minimize their environmental impact.
Public
art should be considered for inclusion within publicly accessible
open spaces to make the buildings and their open spaces more attractive
and interesting.
Each Bars and Neighbourhood Pubs Use shall be limited to 240 m2 of Public Space.
Nightclubs shall only be permitted on the east side of 104 Street NW, shall be limited to 240 m2 of Public Space per Use, and shall only be permitted where the Use does not share a Site with, nor does the Site Abut, any Residential or Residential-Related Uses.
Buildings shall be built to the front and side Lot lines. The Development Officer may allow building Setbacks up to 2.5 m to accommodate street related activities such as sidewalk cafes, architectural features and Landscaping that contribute to the pedestrian- oriented character of the area.
The maximum Frontage for Sites abutting 104 Street NW shall be 10.06 m and where the Frontage for Sites abutting 104 Street NW exceeds 10.06 m, the front Façade of the building shall be designed to break the appearance into 10.06 m sections or modules, each with its own entrance.
A minimum of 50% of the width of the ground floor level portion of the front Façade shall be comprised of clear, non-reflective glazing.
Development on Sites that Abut the existing north-south Lane located east of 104 Street NW shall be designed to:
facilitate pedestrian connections between the development and the Lane;
maximize sight lines between the development and the Lane with potential lighting and where possible through building and window orientation;
improve the overall appearance of the development abutting the Lane through building and Site design; and
provide adequate parking and loading facilities accessed by the Lane so as to minimize the need for parking along 104 Street NW and the avenues.
A minimum landscaped Yard of 6.0 m shall be required where the Rear or Side Lot Line of the Site abuts a Residential Zone.
A minimum 2.0 m landscaped Yard shall be required where the Rear or Side Lot Line of the Site abuts the Lane on the west side of 104 Street NW.
Development
on Sites between Allendale Road NW, 105 Street NW, the Lane south
of 64 Avenue NW and the Lane west of 104 Street NW shall be oriented
to Allendale Road NW and 105 Street NW. There shall be a minimum setback
of 6.0 m from the Lane south of 64 Avenue NW and a minimum landscaped
Yard of 2.0 m, and site planning and building massing shall minimize
the sun-shadow effect on properties to the north.
Each Bars and Neighbourhood Pubs Use shall be limited to 240 m2 of Public Space.
Nightclubs shall not be permitted to share a Site that includes, nor be on a Site that Abuts, any Residential or Residential-Related Uses.
General Industrial Uses shall have all equipment and goods contained within an enclosed building.
Freestanding On-Premises Signs shall only be on Sites abutting Gateway Boulevard NW.
No single General Retail Store or Warehouse Sales Use shall exceed 6,500 m2 of Floor Area.
The front Façade of a building shall be built to the Lot line abutting a public roadway other than a Lane or to the edge of an area identified in Appendix 2 as a Future Avenue. The Development Officer may allow buildings to be set back up to 2.5 m to accommodate street related activities, such as sidewalk cafes, architectural features and Landscaping that contribute to the pedestrian-oriented shopping character of the area.
A building’s main entrance(s) shall be located on its front Façade. See Figure 3.
A minimum of 50% of the width of the ground floor level portion of the front Façade shall be comprised of clear, non-reflective glazing.
Where a Façade of a building facing Gateway Boulevard NW, or any Avenue or Future Avenue as shown in Appendix 2 (either as a public or private roadway), is more than 15 m long, any new buildings or substantial renovations of existing buildings shall be designed to add architectural interest and reduce the perceived mass of the building. This shall be done through features that articulate the Façade at minimum 15 m intervals, through one or more of the following:
The use of non-reflective glazing;
Recessions and projections that may include arcades, porticos, colonnades, awnings, or public spaces; and
The use of colour, texture and materials.
The following additional regulations shall apply to General Retail Stores or Warehouse Sales establishments having a single Floor Area greater than 3,000 m2 to the maximum 6,500 m2:
at the development permit stage, a generalized, non-binding concept plan shall be submitted for all new building development or substantial redevelopment of existing buildings for the purpose of illustrating how the proposed development will integrate with existing and future surrounding and on-site development. The concept plan shall show the location of existing and future buildings, parking areas, vehicular and pedestrian routes and amenity area(s);
the building shall be a minimum of two Storeys and shall incorporate a mix of uses including ground level retail commercial and a minimum of one of the following uses: office commercial and/or residential located above non-residential uses. Non-retail uses shall be a minimum of 60% of the Floor Area of the General Retail Store or Warehouse Sales establishments. Exposed roof area above the first Storey shall have some amount of landscaping and be physically accessible for use; or if not a flat surface, must provide a visually interesting roof line; and
buildings shall be designed to support street-level pedestrian activity with features such as multiple independent entrances, extensive clear glazing, canopies and awnings. Facades along Gateway Boulevard NW are exempted from this but are required to be articulated and architecturally enhanced.
The following regulations shall apply along the west side of Gateway Boulevard NW:
landscaped Yards with a minimum depth of 4.5 m shall be provided adjacent to the west side of Gateway Boulevard NW. The Development Officer may use variance power to reduce this requirement to a minimum depth of 3.0 m provided that the average depth of the landscaped Yard is not less than 4.5 m;
the Setback for buildings along the west side of Gateway Boulevard NW shall be no greater than the landscaped Yard as determined in Section 9.11(a) of this Provision (above);
a hard surfaced shared use path with a minimum width of 3.0 m is required either on public road right of way or private property by means of a public access easement along the west side of Gateway Boulevard NW. The following regulations shall apply to shared use paths on the west side of Gateway Boulevard NW:
subdivision applications may require the dedication of additional road right-of way along the west side of Gateway Boulevard NW to accommodate pathways with a minimum width of 3.0 m;
where no subdivision occurs, a public access easement is required located on private property along the west side of Gateway Boulevard NW to accommodate pathways with a minimum width of 3.0 m;
regardless of whether or not shared-use pathways are located within public road right-of-way or wholly or partially on private property, the following separations must be maintained:
2.5 m between the eastern edge of shared-use pathway and the curb of Gateway Boulevard NW; and
2.5 m between the western edge of the shared-use pathway and any building;
where an applicant elects to move a shared-use pathway consistent with the regulations in Section 9.11 of this Provision, the cost of moving the pathway shall be paid by the applicant; and
in cases where an existing or future shared-use pathway is located within private property the Landscaped Yard may include the shared-use pathway or a portion of the shared-use pathway.
Landscaping along the west side of Gateway Boulevard NW shall visually screen any parked vehicles, but not completely obstruct views so that adequate sight lines are maintained to support vehicular and pedestrian safety and security.
Landscaped Yards with a minimum depth of 3.0 m shall be provided adjacent to the east side of Gateway Boulevard NW.
Landscaping along the east side of Gateway Boulevard NW shall visually screen any parked vehicles, but not completely obstruct views so that adequate sight lines are maintained to support vehicular and pedestrian safety and security.
Notwithstanding the Regulations found in Sections 7 and 9 of this Provision, the existing buildings, as shown on Appendix 3 – Area 4 Site Plan, shall not be subject to the regulations of this Provision.
In the case of General Industrial Uses within existing buildings in existence at the time of creation of this Area 4, as shown on Appendix 3 – Area 4 Site Plan, all equipment and goods must be contained within enclosed buildings.
The existing buildings, at the time of creation of this Area 4, as shown on Appendix 3 – Area 4 Site Plan, shall not be enlarged or added to and no structural alterations shall be made thereto or therein.
Upon demolition of any existing buildings at the time of creation of this Area 4, as shown on Appendix 3 – Area 4 Site Plan, all new Development shall comply with the Regulations found in Sections 7 and 9 of this Provision.
If any existing buildings at the time of creation of this Area 4, as shown on Appendix 3 – Area 4 Site Plan, are damaged or destroyed to more than 75% of the value of that building above its foundation, then that building may not be repaired or rebuilt unless it complies with the Regulations found in Sections 7 and 9 of this Provision.
