DC2 196

Matt Berry - northeast corner of 59A Street and 153 Avenue.

Bylaw 9233 (January 16, 1990)

To establish a Site Specific Development Control District for convenience commercial, personal service and religious assembly uses which are intended to serve the day to day needs of local residents and to prescribe development criteria which will ensure that the commercial development is compatible with adjacent residential uses.

This DC5 District shall apply to a portion of the SW 35-53-24-W4M; located at the northeast corner of 59A Street and 153 Avenue, as shown on the sketch plan to the Bylaw adopting this DC5 District, Matt Berry, Pilot Sound.

a. Commercial Schools
b. Convenience Retail Stores
c. Daytime Child Care Services
d. Gas Bars
e. General Retail Stores
f. Health Services
g. Indoor Participant Recreation Services
h. Minor Eating and Drinking Establishments
i. Minor Secondhand Stores with a gross floor area less than 275 m2
j. Minor Service Stations
k. Minor Veterinary Services
l. Personal Service Shops
m. Professional, Financial, and Office Support Services
n. Rapid Drive-through Vehicle Services
o. Religious Assemblies
p. Residential Sales Centres
a. The maximum gross floor area of any individual business premise shall not exceed 275 m2. The Development Officer may allow an individual business premises to have a gross floor area of up to 1,000 m2 provided that, in the opinion of the Development Officer, the proposed business is primarily intended to serve residents of the neighbourhood and would not adversely affect the amenity and enjoyment of adjacent residential land uses.
b. The maximum floor area ratio shall be 1.0.
c. The maximum building height shall not exceed 6 m nor one storey, except for a Religious Assembly use which shall not exceed 10 m nor 2 1/2 storeys.
d. A minimum building setback of 6 m, except for those uses specified in Clause 5(d), shall be required adjacent to the north and east property lines of the site.
e. A minimum building setback of 7.5 m shall be required from the pipe located within the pipeline right-of-way crossing the southwest portion of the site. In addition, a minimum building setback of 2.0 m shall be required from the pipeline right-of-way.
f. Ventilation holes, at a maximum spacing of 9.0 m intervals, shall be required along the length of the pipeline right-of-way to the satisfaction of the pipeline operator.
g. All surface disturbances on or within the vicinity of the pipeline right-of-way shall be undertaken in a manner acceptable to the pipeline operator and be in accordance with the 'Pipeline Crossing Agreement' between the developer and pipeline operator.
h. A landscaped yard, a minimum of 3 m, shall be required adjacent to the west and south property lines of the site. The landscaping of these yards shall include the planting of a minimum of three deciduous trees (a minimum of 7.5 cm in caliper), three coniferous trees (a minimum of 3 m in height) and 10 shrubs for each 30 m of frontage, planted in groupings that enhance the overall appearance of the site, to the satisfaction of the Development Officer.
i. Notwithstanding Clause 4.h), a landscaped yard a minimum of 4.5 m in width shall be provided adjacent to the south and west property lines, opposite that portion of the site used for a Gas Bar, Minor Service Station or Rapid Drive-through Vehicle Services building, or buildings, and the associated queuing/manoeuvring aisles. This yard shall be landscaped with a minimum of six coniferous trees (a minimum of 3.0 m in height), three deciduous trees (a minimum caliper of 7.5 cm) and 10 shrubs for each 30 m of frontage, planted in groupings that enhance the overall appearance of the site, to the satisfaction of the Development Officer.
j. A minimum landscaped yard of 4.5 m shall be required adjacent to the east and north property lines of the site. This required yard shall be landscaped with mature coniferous trees a minimum 3 m in height, and deciduous trees a minimum caliper of 7.5 cm, so as to substantially screen the site from the adjacent areas designated for residential development. These trees shall be planted at minimum intervals of 4.6 m.
k. Continuous screen fencing of a solid design, a minimum of 1.8 m in height, shall be provided adjacent to the north and east property lines of the site.
l. To ensure that a high standard appearance and a sensitive transition to the surrounding land uses are achieved, detailed landscaping plans shall be submitted with the initial development permit application for approval by the Development Officer which, in the opinion of the Development Officer, comply with the landscaping requirements specified by Clauses 4.h), 4.i) and 4.j) of this District.
m. The Development Officer shall require, as a condition of approval that the applicant provide an irrevocable letter of credit or a performance bond, in the amount of 100% of the landscaping cost, the conditions of the security being that:
 
i. if the landscaping is not completed in accordance with the provisions of this District and the landscaping plan, within one growing season after the completion of the development, then the amount fixed shall be paid to the City, for its use absolutely; and
ii. the Development Officer shall not release the landscaping security until an inspection of the site has demonstrated that the landscaping has been well maintained and is in a healthy condition two growing seasons after completion of the landscaping.
n. No parking, loading, storage, trash collection, outdoor service or display areas shall be permitted within a required yard. Loading, storage and trash collection areas shall be located in a manner that minimizes their impact on adjacent residential development, to the satisfaction of the Development Officer, and shall be screened from view of any adjacent sites and public roadways in accordance with the provisions of Section 69.3 of the Land Use Bylaw.
o. Signs may be allowed in this District in accordance with Schedule 79D and the general provisions of Sections 79.1 to 79.9, inclusive, of the Land Use Bylaw and the following additional criteria:
 
i. freestanding signs shall be limited to placement along the southern and western frontage of the site, with the signs on the western frontage being no more than 30 m from the south property line of the site; and
ii. the design, placement, and illumination of signage shall be consistent with the intended residential character of the area and such that there is no adverse visual impact on surrounding residential properties, to the satisfaction of the Development Officer.
p. The overall design and finish of buildings shall achieve a residential character through compliance with the following criteria, to the satisfaction of the Development Officer:
 
i. all buildings shall have sloped roofs, finished with cedar shakes, asphalt shingles, clay tiles, or other roofing materials which are consistent with the roofing materials and colours generally associated with single detached residential development;
ii. all mechanical equipment on the roof of any building shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building roof; and
iii. all exposed building faces shall be finished in a consistent and harmonious manner, with exterior finishes limited to muted earth tones and with strong colours limited to use as accents. Exterior finishing materials shall be consistent with those generally associated with single detached residential development and may include brick or other masonry materials.
q. Any exterior lighting of the site shall be designed so that the lighting is directed away from the adjacent residential development to the east and north and the intensity of illumination shall not extend beyond the boundaries of the site.
r. Development in the District shall be evaluated with respect to compliance with the General Development Regulations of Sections 50 to 79, inclusive, of the Land Use Bylaw.
s. The Development Officer may grant relaxations to Sections 50 to 79, inclusive, of the Land Use Bylaw and the provisions of this District if, in his opinion, such a variance would be in keeping with the general purpose of this District and would not affect the amenity, use and enjoyment of neighbouring properties.
a. Daytime Child Care Services shall be developed in accordance with Section 93 of the Land Use Bylaw and shall be located such that direct access at grade can be provided to an outdoor play area. The outdoor play area, which shall be approved by the Development Officer in consultation with the General Manager of Community and Family Services, shall be located away from vehicular-oriented uses and from parking and loading areas on the site, and shall be enclosed by building walls or a screen fence a minimum of 1.8 m high.
b. Rapid Drive-through Vehicle Services shall be limited to one rollover bay car wash.
c. Gas Bars, Minor Service Stations and Rapid Drive-through Vehicle Services shall be developed in accordance with Section 82 of the Land Use Bylaw and, in addition, a canopy shall be constructed over the gas pump islands to ensure that illumination is directed downwards and away from direct view by adjacent residential uses. Such canopy shall be designed and finished in a manner consistent with the design and finishing of the principal buildings.
d. Gas Bars, Minor Service Stations and Rapid Drive-through Vehicle Services and the associated access aisles and queuing spaces shall be located a minimum of 20 m from the north and east property lines.
e. The total number of bays for Rapid Drive-through Vehicle Services and Minor Service Stations shall not exceed four bays for the site as a whole.
f. Overhead doors associated with the development of Minor Service Stations or Rapid Drive-through Vehicle Services shall not directly face towards a Residential District unless a noise impact analysis has been conducted pursuant to Clause (g) demonstrating that the Minor Service Stations or Rapid Drive-through Vehicle Services will not pose a noise impact on the Residential District.
g. All operations and mechanical equipment associated with a Rapid Drive-through Vehicle Service shall be located within an enclosed building. Any application for a development permit for a Rapid Drive-through Vehicle Service consisting of an automatic car wash shall contain information regarding anticipated noise impacts of the development and shall also be accompanied by a statement from a qualified professional engineer indicating what noise attenuation measures, if any, are required to ensure that the proposed development will comply with the City of Edmonton Noise Bylaw No. 7255, as amended. The Development Officer may require as conditions of development permit approval that the applicant provide the noise attenuation measures recommended in the noise impact statement, or any other measures recommended by the City Engineer.
h. Residential Sales Centres shall be developed in accordance with Section 95 of the Land Use Bylaw.
i. Indoor Participant Recreation Services shall be limited to health and fitness facilities.

Bylaw attachments