DC1 16535

Oliver (Area 9) - east of 116 Street NW and south of 100 Avenue NW

Bylaw 16534 and Bylaw 16535 (August 26, 2013)

To establish a Direct Development Control Provision to provide for a limited range of Uses with development regulations that are suitable for the restoration and adaptive reuse, including the development of a sensitive addition and below grade parking structure, to a Provincially Designated Historic Resource (Le Marchand Mansion). 

This Provision shall apply to Lot 100, Block 15, Plan 1223405, located east of 116 Street NW and south of 100 Avenue NW, as shown on Schedule “A” of this Bylaw adopting this Provision, Oliver.

a. Business Support Services
b. Child Care Services
c. Commercial Schools
d. Community Recreation Services
e. Convenience Retail Stores
f. General Retail Stores
g. Health Services
h. Personal Service Shops
i. Professional, Financial and Office Support Services
j. Restaurants
k. Specialty Food Services
l. Fascia On-premises Signs
m. Freestanding On-premises Signs
n. Projecting On-premises Signs
o. Temporary On-premises Signs, not including portable signs
a. General
i. The development shall be in accordance with these regulations and in general conformance with Appendices I and II to the satisfaction of the Development Officer.
ii. The maximum Floor Area Ratio shall be 2.0.
iii. The maximum building Height shall not exceed 16.5m except that any building, or portion thereof, that is not designated as a Provincial Historic Resource at the time of the approval of this Bylaw shall not exceed a Height of 14.0 metres.
iv. Notwithstanding the regulations of Section 52.5 of the Zoning Bylaw, the Grade of the Site shall be calculated as the average geodetic elevation along the Front Lot Line. All Height measurements shall be based of this Grade.
v. There shall be no requirement for Front or Side Setbacks.
vi. The minimum Rear Setback shall be 29.0m.
vii. Any building, or portion thereof, that is not designated as a Provincial Historic Resource at the time of the approval of this Bylaw amendment shall not exceed a gross floor area of 950 m2.
viii. A pedestrian connection extending from the east property line to the west property line shall be developed in accordance with the following:
 
A. The pedestrian connection shall be along the south edge of the building and shall be integrated with the surface vehicle circulation and parking area as a “plaza” concept, in general conformance Appendix II.
B. The prioritization of pedestrians in this shared use area shall be emphasized through decorative paving materials which shall be included in the Landscaping Plan and submitted as part of the Development Permit application.
C. The plaza shall be designed to be barrier free, highly visible and with consideration of CPTED principles.
D. The plaza shall provide a pedestrian connection across the Site to the adjacent public Top of Bank promenade. The owner(s) shall register a Public Access Easement to ensure that public access to the plaza on the south side of the Site will remain a readily accessible public space to the satisfaction of the Development Officer. The easement shall make the private property owner(s) responsible for maintenance and liability.
ix. Exterior Site lighting is to be integrated with the elements of the overall Site architecture and shall be of a full cut off design and provide for a safe lit environment. Lighting of the Site shall meet the requirements of Section 51 of the Zoning Bylaw.
x. Geotechnical review including a slope stability analysis shall be required as part of a Development Permit application.
xi. Signs shall comply with the regulations found in Schedule 59H, as amended, and be in accordance with the General Provisions of Section 59 of the Zoning Bylaw.
xii. Fascia On-premises Signs shall not conceal or obscure the character-defining elements defined in the Statement of Significance (ARHP), to the satisfaction of the Development Officer.
xiii. Freestanding On-premises Signs shall be pedestrian-scaled and placed at or below eye level, avoid oversized signs or sign messages.
xiv. CPTED principles shall be used to design all public and private spaces and facilities, focusing natural surveillance and access control to lessen the likelihood of crime.
xv. All buildings and public facilities shall be designed to have wheelchair access.
xvi. Any portion of the Parkade that is visible due to the slope on the Site shall be designed and constructed with a horizontal reveal pattern and shall use materials that complement and articulate the building and existing retaining wall, to the satisfaction of the Development Officer.
b. Parking and Loading
i. Vehicular access to and from the Site shall be via 116 Street NW only.
ii. The garbage collection area for the Site shall be located as identified on Appendix II and shall be screened from view in accordance with Section 55.4 of the Zoning Bylaw.
iii. Notwithstanding the regulations of Section 54 of the Zoning Bylaw, a total of thirty-one (31) vehicular parking spaces shall be provided, of which:
 
A. Twenty (20) spaces shall be provided below grade, including up to five (5) tandem spaces;
B. Eleven (11) spaces shall be provided at grade;
C. Parking is not permitted along the cross hatched area on Appendix I and both sides of the cross hatched area must be signed "No Parking"; and
D. These parking requirements may be varied by the Development Officer, in consultation with Transportation Services and in accordance with a Parking Impact Assessment.
iv. Bicycle parking shall be provided and developed in accordance with Section 54.3 of the Zoning Bylaw.
v. One (1) loading space shall be provided with a minimum of 3.0 m in width and a minimum of 7.5 m in length.
c. Landscaping
i. To ensure that a high standard of appearance and a sensitive transition to the surrounding land uses are achieved, a Landscape Plan prepared by a registered Landscape Architect shall be submitted for the portion of the Site being developed, to the satisfaction of the Development Officer.
ii. The existing river valley lookout in the southwest corner of the site shall be retained and the view maintained as illustrated in Appendix II.
iii. The Landscape Plan shall include details of pavement materials, exterior lighting, sizes and species of new tree plantings, off-site landscaping adjacent to the Site, and other landscape elements as applicable in accordance with Section 55 of the Zoning Bylaw.
iv. The owner will enter into an agreement with the City for all off-site landscaping, prior to the issuance of any development permit. The Agreement shall include an engineering drawing review and approval process.
v. The Landscape Plan submitted as a component of the Development Permit application shall include the required content as per Section 55.3 of the Zoning Bylaw.
vi. Notwithstanding Sections 55.4.7 and 55.8.3.b of the Zoning Bylaw, the number of trees and shrubs provided shall be determined on the basis of the following:
 
A. Trees of a minimum calliper of 25 mm are to be planted at a minimum density of 1 tree per 20 sq. m. of the Yards, or the equivalent of 5 shrubs per tree; and 
B. Shrubs are to be planted at a minimum density of 1 shrub per 5 sq m of the Yards.
vii. Notwithstanding Section 55.8.3.a of the Zoning Bylaw, all trees shall be deciduous and the proportion of deciduous to coniferous shrubs shall be approximately 80:20, to the satisfaction of the Development Officer.
viii. The existing river valley slope planting areas below the top of bank line are to be maintained and restored should any damage or disturbance take place as a result of construction or development.
ix. The Landscape Plan shall include a Mitigation Plan for the Top of Bank area and shall include appropriate protection measures to ensure debris will not fall within the river valley parkland below the Top of Bank during construction.
a. Additions and alterations require Provincial consent from the Alberta Minister of Culture or any other applicable Provincial Ministry prior to the issuance of a Development Permit.
b. Any alterations or additions shall compliment the original building in terms of using appropriate materials, building massing, form and/or style.
c. Sympathetic alterations will be considered at the ground floor where they provide suitable opportunities to open the building up to street/ground level activity.
d. Any significant additions shall only be permitted to the south of the principle heritage building and any design on the south addition shall be treated as a principal frontage.

Bylaw attachments