DC1 19041

To establish a Direct Development Control Provision to provide for a business employment area with a mix of commercial, business, and light industrial Uses that carry out their operations such that no nuisance is created or apparent outside an enclosed building and are compatible with adjacent Residential, Commercial, Natural Area, and Urban Service Zones.

 

Area A is intended to limit the intensity and range of commercial, business, and light industrial Uses, as well as provide a buffer area for enhanced sensitivity to adjacent residential neighbourhoods. This Area allows and restricts the expansion of existing residential and specific non-residential Uses.

 

Area B is intended to allow for a greater level of intensity and range of commercial, business and light industrial Uses that are not immediately adjacent to residential neighbourhoods. This Area allows and restricts the expansion of existing residential and specific non-residential Uses.

 

Area C is intended to allow for low intensity commercial, office and service Uses located along the 215 Street arterial roadway. Development shall be sensitive and in scale with existing development along the commercial street and any surrounding residential neighbourhood.

The Provision shall apply to the following lands located within Lewis Farms Business Employment generally located south of Stony Plain Road and east of 215 Street NW (Winterburn Road), as shown on Appendix 1.

Legal Description	Address
Lot 32, Plan 64KS	9815 - 210 STREET NW
Lot 8A, Plan 1772MC	9811 - 209 STREET NW
E1/2 Lot 16, Plan 5496HW	21310 - 98 AVENUE NW
Lot 22, Plan 5496HW	9821 - 213 STREET NW
Lot 23, Plan 5496HW	9803 - 213 STREET NW
Lot 24, Plan 5496HW	21210 - 97 AVENUE NW
Lot 25, Plan 5496HW	9710 - 210 STREET NW
Lot 13, Plan 5496HW	21003 - 97 AVENUE NW
Lot 14, Plan 5496HW	21007 - 97 AVENUE NW
Lot 15, Plan 5496HW	21103 - 97 AVENUE NW
W1/2 Lot 17, Plan 5496HW	9915 - WINTERBURN ROAD NW
Lot 11A, Plan 786MC	9703 - 209 STREET NW

Area A

1. Animal Hospitals and Shelters

2. Auctioneering Establishments

3. Automotive and Equipment Repair Shops, where existing prior to the adoption of this Bylaw

4. Automotive and Minor Recreation Vehicle Sales/Rentals, where existing prior to the adoption of this Bylaw

5. Bars and Neighbourhood Pubs, for less than 200 occupants and 240 m2 of Public Space

6. Business Support Services

7. Breweries, Wineries and Distilleries

8. Child Care Services

9. Commercial Schools

10. Convenience Retail Stores

11. Convenience Vehicle Rentals

12. Creation and Production Establishments

13. Equipment Rentals

14. Markets

15. Funeral, Cremation and Interment Services

16. General Industrial Uses

17. General Retail Stores, up to a maximum Floor Area of 1,000 m2.

18. Greenhouses, Plant Nurseries and Garden Centres

19. Health Services

20. Household Repair Services

21. Indoor Participant Recreation Services

22. Limited Contractor Services

23. Liquor Stores

24. Major Home Based Business

25. Media Studios

26. Minor Amusement Establishments

27. Minor Home Based Business

28. Mobile Catering Food Services

29. Outdoor Participant Recreation Services

30. Personal Service Shops

31. Private Clubs

32. Professional, Financial and Office Support Services

33. Rapid Drive-through Vehicle Services

34. Religious Assembly

35. Restaurants, for less than 200 occupants and 240 m2 of Public Space

36. Second Hand Stores

37. Single Detached Housing, where existing prior to the adoption of this Bylaw

38. Special Event

39. Specialty Food Services, for less than 100 occupants and 120 m2 of Public Space

40. Temporary Storage, where existing prior to the adoption of this Bylaw

41. Urban Gardens

42. Urban Indoor Farms

43. Urban Outdoor Farms

44. Veterinary Services

45. Warehouse Sales

46. Fascia On-premises Signs

47. Freestanding On-premises Signs

48. Projecting On-premises Signs

49. Temporary On-premises Signs

 

Area B

1. Animal Hospitals and Shelters

2. Auctioneering Establishments

3. Automotive and Equipment Repair Shops

4. Automotive and Minor Recreation Vehicle Sales/Rentals

5. Bars and Neighbourhood Pubs

6. Business Support Services

7. Breweries, Wineries and Distilleries

8. Child Care Services

9. Commercial Schools

10. Convenience Retail Stores

11. Convenience Vehicle Rentals

12. Creation and Production Establishments

13. Drive-in Food Services

14. Equipment Rentals

15. Markets

16. Fleet Services

17. Funeral, Cremation and Interment Services

18. Gas Bars

19. General Contractor Services, where existing prior to the adoption of this Bylaw

20. General Industrial Uses

21. General Retail Stores

22. Greenhouses, Plant Nurseries and Garden Centres

23. Health Services

24. Household Repair Services

25. Indoor Participant Recreation Services

26. Limited Contractor Services

27. Liquor Stores

28. Major Home Bases Business

29. Major Service Stations

30. Media Studios

31. Minor Amusement Establishments

32. Minor Home Based Business

33. Minor Service Stations

34. Mobile Catering Food Services

35. Nightclubs

36. Outdoor Participant Recreation Services

37. Personal Service Shops

38. Private Clubs

39. Professional, Financial and Office Support Services

40. Rapid Drive-through Vehicle Services

41. Recycled Materials Drop-off Centres

42. Recycling Depots

43. Religious Assembly

44. Restaurants

45. Second Hand Stores

46. Single Detached Housing, where existing prior to the adoption of this Bylaw

47. Special Event

48. Specialty Food Services

49. Temporary Storage, where existing prior to the adoption of this Bylaw

50. Truck and Mobile Home Sales/Rentals

51. Urban Gardens

52. Urban Indoor Farms

53. Urban Outdoor Farms

54. Vehicle and Equipment Sales/Rentals

55. Veterinary Services

56. Warehouse Sales

57. Fascia On-premises Signs

58. Fascia Off-premises Signs

59. Freestanding On-premises Signs

60. Freestanding Off-premises Signs

61. Major Digital Signs

62. Major Digital Off-premises Signs

63. Minor Digital On-premises Signs

64. Minor Digital On-premises Off-premises Signs

65. Projecting On-premises Signs

66. Temporary On-premises Signs

 

Area C

1. Auctioneering Establishments

2. Automotive and Minor Recreation Vehicle Sales/Rentals

3. Bars and Neighbourhood Pubs

4. Breweries, Wineries and Distilleries

5. Business Support Services

6. Cannabis Retail Sales

7. Child Care Services

8. Commercial Schools

9. Convenience Retail Stores

10. Convenience Vehicle Rentals

11. Creation and Production Establishments

12. Drive-in Food Services

13. Equipment Rentals

14. Funeral, Cremation and Interment Services

15. Gas Bars

16. General Retail Stores

17. Greenhouses, Plant Nurseries and Garden Centres

18. Health Services

19. Hotels

20. Household Repair Services

21. Indoor Participant Recreation Services

22. Limited Contractor Services Market

23. Liquor Stores

24. Live Work Units

25. Major Amusement Establishments Minor Amusement Establishments

26. Major Home Based Business

27. Media Studios

28. Minor Home Based Business

29. Minor Service Stations

30. Mobile Catering Food Services

31. Multi-unit Housing

32. Nightclubs

33. Non-accessory Parking

34. Pawn Stores

35. Personal Service Shops

36. Private Clubs

37. Professional, Financial and Office Support Services

38. Public Libraries and Cultural Exhibits

39. Rapid Drive-through Vehicle Services

40. Recycled Materials Drop-off Centres

41. Recycling Depots

42. Residential Sales Centres

43. Restaurants

44. Secondhand Stores

45. Special Event

46. Spectator Entertainment Establishments

47. Specialty Food Services

48. Urban Indoor Farms

49. Urban Outdoor Farms

50. Urban Gardens

51. Veterinary Services

52. Fascia Off-premises Signs

53. Fascia On-premises Signs

54. Freestanding Off-premises Signs

55. Freestanding On-premises Signs

56. Major Digital Signs

57. Minor Digital Off-premises Signs

58. Minor Digital On-premises Signs

59. Minor Digital On-premises Off-premises Signs

60. Projecting On-premises Signs

61. Roof Off-premises Signs

62. Roof On-premises Signs

63. Temporary Off-premises Signs

64. Temporary On-premises Signs

 

1.	Uses shall carry out operations such that no nuisance is created or apparent outside an enclosed building.
2.	For Auctioneering Establishments, Equipment Rentals, and Recycling Depots all equipment and goods shall be contained within an enclosed building.
3.	A minimum Setback of 3.0 m shall be required where any Lot line of a Site Abuts a public roadway, other than a Lane.
4.	No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within a Setback. Loading, storage and trash collection areas shall be located to the rear or sides of the principal building and shall be screened from view from any adjacent Sites or public roadways. If the rear or sides of a Site are used for parking, an outdoor service or display area or both, and abut a Residential Zone, such areas shall include landscaping to screen the view from adjacent Sites.
5.	Religious Assembly shall not include rectories, manses, dormitories, convents, monasteries, or other residential buildings.
6.	The following regulations shall apply to Rapid Drive-through Vehicle Services developments:
	a.	The total number of bays shall not exceed four for any given building on a Site; and
	b.	All operations and mechanical equipment associated with this Use shall be located within an enclosed building.
7.	The minimum Floor Area for a Warehouse Sales establishment shall not be less than 1 000 m2 unless at least 50% of the Floor Area of the establishment is used for warehousing or storage of the goods sold or distributed from the establishment.
8.	Prior to the issuance of a Development Permit on Lot 14, Plan 5496HW, Lot 15, Plan 5496HW, and Lot 8A, Plan 1772MC, except for Development Permits for demolition, excavation, shoring or signage, a Phase II Environmental Site Assessment and any other associated environmental work as a result of that report is required for a change of use application. The Development Officer shall also impose any conditions necessary prior to the release of drawings for Building Permit review, to ensure that the Site is suitable for the full range of uses contemplated in the Development Permit application.
9.	Any business premises or multiple occupancy building having a Floor Area greater than 2 000 m2 or a single wall length greater than 20.0 m that is visible from a public road, shall comply with the following criteria:
	a.	the roof line and building Façade shall include design elements and add architectural interest; and
	b.	Landscaping adjacent to exterior walls shall be used to minimize the perceived mass of the building and to create visual interest.
10.	Façade treatment of building(s) located along public roadways shall provide a consistent and compatible architectural profile with adjacent buildings.
11.	All mechanical equipment, including roof mechanical units shall be concealed by screening or incorporation within the building roof in a manner that is consistent with the finishing of the building and the overall architectural style of the development,
12.	In consideration of Crime Prevention Through Environmental Design (CPTED) principles, primary building entrances shall be identifiable, prominent, accessible, and inviting and shall incorporate weather protection features in the form of architectural elements such as a canopy, and provide adequate lighting to identify these areas at night, to the satisfaction of the Development Officer.
13.	Access shall be maintained to abandoned oil or gas wells for maintenance and monitoring purposes.
14.	Where Uses that may, in the opinion of the Development Officer, create negative impacts such as noise, light, or odours that may be noticeable on adjacent properties, and where the Site containing such Uses is directly adjacent to Sites used or zoned for residential activities, Natural Area, or Public Park, the Development Officer may, at their discretion, require that these potential impacts be minimized or negated. This may be achieved through a variety of measures including: additional Landscaping; berming or screening; noise attenuation measures such as structural soundproofing; downward direction of all exterior lighting onto the proposed development; and any other measures as the Development Officer may deem appropriate.
15.	Signs shall comply with Schedule 59F of the Zoning Bylaw, as amended.
16.	A Landscape Plan prepared in accordance with the City of Edmonton Design and Construction Standards, Volume 5, shall be submitted with Development Permit applications including or affecting public land, to the satisfaction of the Development Officer.
17.	Landscaping construction on road right-of-ways shall be in accordance with the City of Edmonton Design and Construction Standards, Volume 5.
18.	An easement and disturbed soil restrictive covenant shall be registered for sewer installation within Lot 11A Plan 786MC and Lot 13 Plan 5496HW, prior to issuance of a Development Permit on the applicable Lot.
19.	Upon submission of a Development Permit application, including one or more of the following:
	a.	a change of Use to an existing building on site;
	b.	a new building/structure on Site; or
	c.	an addition to an existing building/structure on Site.
	The owner must enter into an Agreement with the City of Edmonton to construct improvements to serve the development including, but not limited to, the following: Upgrade to an approved modified cross-section, based on the Complete Streets Design and Construction Standards and to the satisfaction of Subdivision and Development Coordination, the following local roadways (or necessary portion thereof that provides a functional extension of services) at the discretion of the Development Officer in consultation with Subdivision and Development Coordination and Planning Coordination:
		i.	97 Avenue, 209 Street to 213 Street
		ii.	98 Avenue, from 213 Street to 215 Street
		iii.	209 Street, from 97 Avenue to the north limit of the northernmost lot included in this DC1
		iv.	210 Street, from 97 Avenue to the north limit of the northernmost lot included in this DC1
		v.	213 Street, from 97 Avenue to the north limit of the northernmost lot included in this DC1
	The local roads to be upgraded are listed above and identified in Appendix I The upgrade is to include all underground and above ground servicing according to accepted technical reports (where applicable) and transition sections between the upgraded road and the existing roads. The roadway is to include a hybrid cross-section with sidewalk on a minimum of one side within the existing 20 m right-of-way. Should a servicing scheme/funding mechanism (such as an Owner’s Agreement, Developer Funding, a Local Improvement Levy, or a Boundary Assessment) for the upgrade of the local roadways in the Lewis Farms Business Employment neighbourhood be approved and in place to the satisfaction of City Administration, the above noted upgrade of the local roads may be waived as a requirement of Development Permit in consultation with Subdivision and Development Coordination.

1.	The maximum Floor Area Ratio shall be 1.2.
2.	A minimum Setback of 6.0 m shall be required where any Lot line of a Site Abuts the property line of a Site zoned Residential or Natural Areas Protection Zone (NA).
3.	Notwithstanding Section 5 (2), a minimum setback of 10.0 m shall be provided from the Rear Lot Line Abutting a Site zoned Residential within Stewart Greens or Webber Greens, in general accordance with Figure 1. Stormwater management features shall be permitted on Site, including within the Setback area, except within 6.0 m of the Rear Lot Line and 5.0 m of an abandoned oil or gas well.
	Figure 1 - Buffer Example
4.	A 1.8 m uniform screen Fence constructed 150 mm wholly inside private property, where not already existing, shall be provided along the Rear Lot Line Abutting a Site zoned Residential or Natural Areas Protection Zone (NA) within Stewart Greens or Webber Greens.
5.	A 6.0 m landscape area shall be provided from the Rear Lot Line Abutting a Site zoned Residential within Stewart Greens or Webber Greens. This area shall include:
6.	Notwithstanding Section 5 (2-3), a minimum setback of 10.0 m shall be provided from the Rear Lot Line of Lot 11A, Plan 786MC, identified on Appendix I, where Abutting a Site zoned residential in Stewart Greens, except that:a. a 4.0 m setback shall be provided from the Rear Lot Line if adjacent to a 6.0 m right-of-way for walkway and/or servicing
7.	Notwithstanding 5. (5), a continuous privacy screen shall be provided in the form of a continuous row of trees within the setback identified in 5. (6) for Lot 11A, Plan 786MC. The trees shall be coniferous species, a minimum 3.0 m in Height and planted a maximum 5.0 m apart. Existing trees may be used in part to achieve this outcome.
8.	Where the west Lot line of Lot 15, Plan 5496HW Abuts the Lot line of Lot R, Plan 5496HW, identified on Appendix I, the following shall be required:
	a.	a minimum 6.0 m Setback containing a landscaped buffer. The landscape buffer shall contain a continuous row of trees, planted adjacent the fence, spaced as appropriate to the species. Existing trees may be used in part to achieve this outcome. Poplar and willow species shall not be planted unless appropriate setbacks are provided, as noted within the City of Edmonton Design and Construction Standards, Volume 5. Existing grade shall be maintained, where possible, adjacent to the property line to avoid adverse impacts to the adjacent school site;
	b.	a 1.8 m uniform screen Fence constructed 150 mm wholly inside private property; and
	c.	Notwithstanding 5 (8.a and b), where Indoor Participant Recreation Services or Outdoor Participant Recreation Services are developed, the minimum Setback shall be 4.5 m, and a 1.8 m uniform chain link or ornamental metal fence shall be constructed 150 mm wholly inside private property.
9.	The maximum Height shall not exceed 12.0 m, except that where Indoor Participant Recreation Services or Outdoor Participant Recreation Services are developed on Lot 15, Plan 5496HW, identified on Appendix I, the maximum Height shall not exceed 14.0 m.
10.	Drive-in Food Services, Rapid Drive-through Vehicle Services, and General Industrial Uses shall only be permitted within 60.0 m of the Front Lot Line.
11.	The following regulations shall apply to Convenience Vehicle Rentals and Automotive and Minor Recreation Vehicle Sales/Rentals:
	a.	all storage, display or parking areas shall be Hardsurfaced;
	b.	all display areas that Abut a Residential Zone or a Lane serving a Residential Zone shall be screened; and
	c.	lighting for the display areas shall be mounted on lamp standards with fixtures that prevent and/or minimize glare and light pollution, and no exposed bulbs or strings of lights shall be used.
12.	The Development Officer may attach conditions to Convenience Vehicle Rentals and Automotive and Minor Recreation Vehicle Sales/Rentals regarding the size, location, screening and Landscaping of the outdoor vehicular display areas, to ensure that development is compatible with the appearance of surrounding developments.

1.	The maximum Floor Area Ratio shall be 1.2.
2.	A minimum Setback of 6.0 m shall be required where any lot line of a Site Abuts the property line of a Site zoned Residential.
3.	The maximum Height shall not exceed 14.0 m.
4.	The following regulations shall apply to Convenience Vehicle Rentals and Automotive and Minor Recreation Vehicle Sales/Rentals:
	i.	all storage, display or parking areas shall be Hardsurfaced;
	ii.	all display areas that Abut a Residential Zone or a Lane serving a Residential Zone shall be screened; and
	iii.	lighting for the display areas shall be mounted on lamp standards with fixtures that prevent and/or minimize glare and light pollution, and no exposed bulbs or strings of lights shall be used.
5.	The Development Officer may attach conditions to Convenience Vehicle Rentals and Automotive and Minor Recreation Vehicle Sales/Rentals regarding the size, location, screening and Landscaping of the outdoor vehicular display areas, to ensure that development is compatible with the appearance of surrounding developments.

1.	The maximum Floor Area shall be 2500 m2.
2.	The maximum Floor Area Ratio shall be 2.0.
3.	Notwithstanding 4. Development Regulations- General (3), where adjacent commercial buildings abut the property line to form a pedestrian- oriented shopping street, buildings shall be built at the property line of the Site;
4.	A minimum Setback of 3.0 m shall be required where the Rear or Side Lot line of the Site Abuts the Lot line of a Site in a Residential Zone;
5.	Bars and Neighbourhood Pubs, Nightclubs, and Restaurants for more than 200 occupants and 240 m2 of Public Space, shall be permitted where the Site is not adjacent to or across the Lane from a Site zoned Residential.
6.	Where the Site is part of a pedestrian oriented shopping street, the following regulations shall apply, at the discretion of the Development Officer:
	a.	the architectural treatment of the building shall include features such as:
		i.	placement of windows to allow for viewing in the building by pedestrians;
		ii.	entrance features;
		iii.	canopies;
		iv.	features that lend visual interest and create a human scale; and
		v.	on corner Sites, the Façade treatment shall wrap around the side of the building to provide a consistent profile;
	b.	vehicular access shall be designed in a manner that has minimal impact on the pedestrian-oriented shopping street; and
	c.	vehicular parking, loading and facilities shall be located at the rear of the building.
7.	The maximum building Height shall not exceed 12.0 m.
8.	The following regulations shall apply to Multi-unit Housing developments:
	a.	Multi-unit Housing shall be permitted only in buildings where the first Storey is used for commercial purposes;
	b.	the housing component shall have access at ground level, which is separate from the access for the commercial premises; and
	c.	the maximum Floor Area Ratio of Multi-Unit Housing shall be 1.5.
9.	The following regulations shall apply to Automotive and Minor Recreational Vehicle Sales/Rentals and Convenience Vehicle Rentals developments:
	a.	the maximum Site Area for a business shall be 2 000 m2;
	b.	servicing and repair operations shall be permitted only as Accessory Uses;
	c.	all storage, display or parking areas shall be Hardsurfaced;
	d.	all outdoor display areas that Abut a Residential Zone shall be obscured from direct view by providing a visual screen at least 1.8 m in Height; and
	e.	lighting for the display area shall be mounted on lamp standards with fixtures that prevent and/or minimize glare and light pollution, and no exposed bulbs or strings of lights shall be used.
10.	In addition to 4. Development Regulations - General, as a condition of the first Development Permit, the owner shall:
	a.	register an easement for all road rights-of-way necessary for the construction of 215 Street from the site, to conform to the approved 215 Street Concept Plan or to the satisfaction of Subdivision and Development Coordination; and
	b.	enter into an Agreement(s) with the City of Edmonton for off-site improvements necessary to serve the developments, to the satisfaction of Subdivision and Development Coordination. The Agreement process includes an engineering drawing review and approval process. The off- site improvements may include, but are not limited to:
		i.	construction of a right-in/right-out access, median modification, and an auxiliary lane to facilitate access to the Site;
		ii.	construction of a 3.0 m asphalt shared use path along the east side of 215 Street adjacent to the site, to the satisfaction of Subdivision and Development Coordination.