DC2 270

Empire Park - 5012 - 5044 - 104A Street & 10425 - 10433 - 51 Avenue NW

Bylaw 10049 (March 16, 1992)

To establish a Site Specific Development Control District for a limited range of commercial uses typical of the CSC District with site specific development criteria, that will ensure a compatible relationship with surrounding land uses.

This DC5 District shall apply to Lots 13, 14, 15, & 16, Block 5, Plan 392 NY, and a portion of 51 Avenue closed by Bylaw 3061 as shown on the sketch plan appended to the bylaw adopting this DC5 District, Empire Park, Duggan.

a. Business Support Services
b. Broadcasting and Motion Picture Studios
c. Commercial Schools
d. Drive-in Food Services
e. Gas Bars
f. General Retail Services
g. Government Services
h. Health Services
i. Indoor Participant Recreation Services
j. Major and Minor Amusement Establishments
k. Major and Minor Eating and Drinking Establishments
l. Minor Secondhand Stores with a gross floor area of less than 275 m (2,960.07 sq. ft.)
m. Minor Service Stations
n. Minor Veterinary Services
o. Personal Services Shops
p. Professional, Financial and Office Support Services
q. Private Clubs
r. Public Libraries and Cultural Exhibits
s. Rapid Drive-through Vehicle Services
t. Spectator Entertainment Establishments
u. Warehouse Sales
a. The maximum floor area ratio shall be 1.0.
b. The maximum building height shall not exceed 14 m nor two storeys.
c. A minimum building setback of 6 m shall be required from the south property line.
d. In the event that Lot 17, situated to the south of this proposed DC5 site is developed for residential purposes, then the following additional criteria shall apply:
 
i. that for single storey buildings, the building setback from the south property line shall be 7.5 m;
ii. that for buildings greater than one storey in height, the building setback from the south property line shall be a minimum of 15.0 m; and
iii. that a 1.8 m high solid uniform screen fencing shall be constructed along the south property line.
e. A landscaped yard a minimum of 4.5 m in width shall be provided adjacent to the east and north property lines of the site. The landscape treatment for these yards shall include three mature deciduous trees (a minimum caliper of 6 cm) and two evergreen trees (a minimum of 2.5 m in height) along with a minimum of 10 shrubs for each 30 m of frontage, with the planting to be grouped in modules not greater than 25 m in length.
f. A landscaped yard a minimum of 3 m in width shall be required adjacent to the south property line. The landscape treatment for this yard shall include two mature deciduous trees (a minimum caliper of 6 cm) and two evergreen trees (a minimum of 2.5 m in height) along with a minimum of 10 shrubs for each 30 m of frontage with the planting to be grouped in modules not greater than 25 m in length.
g. A landscaped yard a minimum of 1.5 m in width or an appropriate landscape alternative, to the satisfaction of the Development Officer, shall be provided adjacent to the west property line, north of the existing or any proposed buildings facing or having exposure to 51 Avenue.
h. A comprehensive landscape plan for the site shall be prepared by a Landscape Architect and shall be submitted with the initial Development Permit application for approval by the Development Officer.
i. The Development Officer shall require, as a condition of approval, that the applicant provide an irrevocable letter of credit, in the amount of 100% of the established 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 Letter of Credit 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.
j. No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within a required yard, and loading, storage, parking, and trash collection areas shall be screened from view from any adjacent sites and public roadways in accordance with the provisions of Section 69.3 of the Land Use Bylaw.
k. In the event that the existing building situated on Lots 13, 14 and 15 is removed, a 1.8 m high uniform solid screen fence and a minimum landscaped yard of 3 m shall be provided adjacent to the west property line, where the site abuts the park area.
  The landscape treatment for this yard shall include three mature deciduous trees (a minimum caliper of 6 cm) and two evergreen trees (a minimum of 2.5 m in height) for each 30 m of lineal yard, with the planting to be located in a manner which enhances the appearance of the development when viewed from the park area to the west.
  In addition, development shall be in accordance with the following architectural guidelines, to the satisfaction of the Development Officer:
 
i. all exterior finishing materials must be of good quality, durable, and attractive in appearance, and all exposed building faces shall have consistent and harmonious exterior finishing materials and the treatment of all four sides of buildings shall be compatible and achieve a high standard of appearance;
ii. all mechanical equipment on the roof of any building shall be concealed by incorporating it within the building roof, or shall be concealed by screening that is consistent with the character and finishing of the building; and
iii. any buildings with a wall exceeding 30 m in length that is oriented to the south or any wall oriented to the west property line, shall comply with the following guidelines:
 
a. the roofline and building facade shall include design elements and variations that reduce the perceived mass of the building and add architectural interest;
b. the exterior wall finishing materials shall be predominantly composed of light earth tone or muted colours and consist of brick, pre-cast concrete, textured concrete, stone, glazing or stucco, with pre-finished metal or wood limited to use as an accent; and
c. the provision of landscaping to minimize the perceived mass of the building and create visual interest.
  The Development Officer may also require that such developments have a building setback greater than the requirements of Clause 4.C to minimize perceived massing of the development when viewed from the houses to the south.
l. In the event that the existing building situated on Lots 13, 14 and 15 is retained:
 
i. no yard shall be required adjacent to the west property line, where the existing building abuts the west property line;
ii. a uniform screen fence and a landscaped yard a minimum of 3 m in width shall be provided adjacent to the west property line, south of the existing building. The landscape treatment for this yard shall include three mature deciduous trees (a minimum caliper of 6 cm) and two evergreen trees (a minimum of 2.5 m in height) for each 30 m of lineal yard with the planting to be located in a manner which enhances the appearance of the development when viewed from the park area to the west; and
iii. urban design techniques shall be utilized to minimize the impact of the massing and siting on the building on the neighbouring uses to the satisfaction of the Development Officer. In particular, the design and finishing materials of the building, and the screening and landscaping provided along the southern and western portions of the site, shall be designed to achieve an attractive facade when viewed from the adjacent properties, to the satisfaction of the Development Officer.
m. Signs shall be allowed in this District as provided for in Schedule 79D and in accordance with the general provisions of Sections 79.1 to 79.9 inclusive of the Land Use Bylaw.
n. Developments in this District shall be evaluated with respect to compliance with the general Development Regulations of Sections 50 to 79 inclusive, of the Land Use Bylaw.
o. The Development Officer may grant relaxations to the regulations contained in Sections 50 through 79 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 the District and would not adversely affect the amenities, use and enjoyment of neighbouring properties.
a. Gas Bars, Minor Service Stations, Rapid Drive-through Vehicle Services and Drive-in Food Services shall be developed in accordance with Section 82 of the Land Use Bylaw and shall be oriented such that their primary business exposure and access is directed towards 51 Avenue.
  The following additional criteria shall apply:
 
i. the number of gas bars on-site shall not exceed one;
ii. Rapid Drive-through Vehicle Services shall have the orientation of the bays and circulation and queuing aisles being to the satisfaction of the Development Officer in consultation with the General Manager of the Transportation Department having regard to on-site and off-site traffic impacts;
iii. the design, finishing, and siting of development, including the orientation of gas pump islands and service bays, shall be to the satisfaction of the Development Officer having regard to achieving a consistent and compatible relationship with the overall design and finishing of the project, ensuring a high standard of appearance when viewed from adjacent public roadways, and minimizing traffic circulation conflicts both off and on-site; and
iv. any canopy located over the gas pump island shall be designed and finished in a manner consistent with the design of the principal building, with the overall height and scale of the canopy to be to the satisfaction of the Development Officer, such that the canopy is not obtrusive and maintains consistency with the eave of the principal building.
b. Major Eating and Drinking Establishments and Private Clubs having a seating capacity greater than 200 shall be oriented such that their primary business exposure and access is directed towards 51 Avenue.
c. The location of any accessory food pick-up window and circulation aisles for Drive-in Food Services shall be provided to the satisfaction of the Development Officer in consultation with the General Manager of the Transportation Department.
d. Major Amusement Establishments shall be allowed only where designed as an integral component of Major and Minor Eating and Drinking Establishment and such that there is no separate, direct exterior access to the Major Amusement Establishment.
e. Indoor Participant Recreation Services shall be limited to athletic clubs and health fitness centres.
f. Warehouse Sales shall have no outdoor storage or display area.

Bylaw attachments