DC2 309

Pembina - north of 137 Avenue and west of 129 Street

**Amended by Bylaw 10600 January 24, 1994 re: Alcohol Sales**

 Note: A portion of Block A, Plan 5968 AH rezoned to RA7 by Bylaw 13225.

Bylaw 10438 (July 19, 1993)

 

 

 

To establish a Site Specific Development Control District to accommodate a broad range of commercial and office uses with site specific development regulations that will ensure compatibility with surrounding land uses and achieve a high standard of building appearance appropriate to the location of this site.

This District shall apply firstly to Lot 2, Plan 852 2334 and a .46 hectare portion of Block A, Plan 5968 AH, referred to as "Area A" and secondly Lot 5, Plan 932 0446, referred to as "Area B," located north of 137 Avenue and west of 129 Street, Pembina, The Palisades.

a. Automotive and Equipment Repair Shops
b. Business Support Services
c. Convenience Vehicle Rentals
d. Gas Bars
e. Major Alcohol Sales
f. Minor Alcohol Sales
g. Major and Minor Service Stations
h. Minor Eating and Drinking Establishments
i. Professional, Financial and Office Support Services
j. Rapid Drive-through Vehicle Services
Uses - Exclusive to Area A
a. General Retail Stores with a maximum floor area of 11,750 m2 (126,500 ft.2)
b. Major and Minor Service Stations
c. Temporary Storage
d. Warehouse Sales
Uses - Exclusive to Area B 
a. Convenience Retail Stores
b. Drive-in Food Services
c. General Retail Stores
d. Minor Service Stations
e. Personal Service Shops
a. The maximum Floor Area Ratio shall be 1.0.
b. The maximum building height shall not exceed 10 m nor two storeys.
c. A landscaped yard, a minimum of 7.5 m in width, shall be required adjacent to 137 Avenue. The landscaping of this yard shall include 5 mature deciduous trees (a minimum caliper of 6 cm) and 3 coniferous trees (a minimum of 3.0 m in height) along with a minimum of 20 shrubs for each 35 m of frontage. A continuous screen an average of 0.75 m in height, shall be provided within the required yard through a combination of berming and shrub planting.
d. A landscaped yard a minimum of 3.0 m in width shall be provided adjacent to the north boundary of the both Areas A and B. This yard shall include two coniferous trees (a minimum of 3 m in height) and 2 deciduous trees (a minimum caliper of 6.0 cm), together with a minimum of 5 shrubs for each 35 m of frontage.
e. There shall be no yards required on the east and west property lines of both Areas A and B so to allow for convenient and free flowing traffic movements between the sites to the east and west.
f. A minimum building setback of 14 m shall be provided from the property line adjacent to 137 Avenue. At the discretion of the Development Officer, this setback requirement may be reduced to a minimum of 7.5 m for developments having a gross floor area of less than 1,000 m2 and a height less than 7 m, and where landscaping and building treatments minimize the perception of massing and create a high standard of building appearance.
 
i. For buildings greater than 3,000 sq. m in gross floor area and with a height greater than 8 m, the Development Officer may require that the building setbacks required in Clause 4(f) above be increased to minimize the perceived mass of the building and to ensure a high standard of appearance. The maximum building setback required by the Development Office shall not exceed one half of the length of the building wall located next to the property line from which the setback is measured. For the purpose of determining height in this clause, an architectural feature such as a tower or peak which is proposed to reduce the perceived mass of the building or to add architectural interest, as required by Clause 4 (b) above, shall be excluded from the calculation of the height of the building.
g. Detailed landscaping plans shall be submitted with the initial Development Permit application for approval by the Development Officer, in compliance with the landscaping requirements specified by the Clauses of this District 4 (c), (d), (e) and (f) and as required by Section 69.3(2) of the Land Use Bylaw.
h. Where off-street parking for 25 or more vehicles is required, and is being provided at grade, dispersed landscaped areas shall be provided within the interior of the parking area(s) for the purpose of providing visual relief and to breakup large area of parking into smaller cells. This landscaping treatment shall be in the form of (a) landscaped islands, particularly at the termini of long rows of parking; (b) tree lines separating facing rows of parking stalls; or (c) some other form or combination of landscaping treatments, to the satisfaction of the Development Officer. A minimum of 1.7 sq. m of landscaping in the interior of the parking area(s) shall be required for each parking space provided and shall consist of deciduous trees (a minimum caliper of 6 cm), coniferous trees (a minimum height of 3 m) and shrubs. The location, extent and type of plantings and other landscaping treatment shall be to the satisfaction of the Development Officer.
i. The Development Officer shall require, as a condition of Development Permit approval, that the owner(s) provide three irrevocable letters of credit having a combined value equal to 100% of the total established landscaping costs. One of these letters of credit shall be in the amount of 50%, with the remaining two letters of credit each being 25% of the total established landscaping costs. The conditions of the security shall be as follows:
 
i. the letters of credit shall be in a form satisfactory to the Office of the City Solicitor and shall be kept in good standing by the owner(s) until an inspection of the site by the Development Officer has demonstrated that the landscaping has been well maintained and is in a healthy condition two growing seasons after the completion by the owner(s). The expiry date for the letters of credit shall fall on a weekday which is not a statutory holiday. The letters of credit shall allow for partial draws;
ii. if the landscaping is not completed in accordance with the approved landscaping plan within one growing season after completion of the development or if the landscaping is not well maintained and in a healthy condition two growing seasons after completion of the landscaping, then the City may draw on the letters of credit and the amount thereof shall be paid to the City for its use absolutely;
iii. in the event that the owner(s) do not complete the required landscaping, or if the owner(s) fail to maintain the landscaping in a healthy condition to the satisfaction of the Development Officer for the specified periods of time and the proceeds from the letters of credit are not sufficient for the City to complete the required work, should it elect to do so, then the owner(s) shall pay such deficiency to the City immediately upon being invoiced therefor. The City shall provide an accounting to the owner(s) indicating how the proceeds of the letters of credit were applied within sixty (60) days of completing or maintaining the landscaping;
iv. notwithstanding Clause 4 (i)(i) above, if the Development Officer is satisfied that the required landscaping has been property installed then at the request of the owner(s) the 50% letter of credit shall be released. If the Development Officer is satisfied after one growing season that the required landscaping has been well maintained and is in a healthy condition he shall, upon the request of the owner(s), release a 25% letter of credit. If after two growing seasons the Development Officer is satisfied that the required landscaping has been well maintained and is in a healthy condition he shall, upon the request of the owner(s), release the remaining 25% letter of credit; and
v. inspections of the landscaping will be performed at the discretion of the Development Officer or within four weeks from the date of receiving a written request from the owner(s) to perform said inspections.
j. Vehicular entrances and exits, as well as on-site and off-site traffic and pedestrian routes, shall be located and designed in a manner that provides a clearly defined, safe, efficient and convenient circulation pattern for both on-site and off-site vehicular traffic and pedestrian movements, including handicapped movements. Loading bays shall be located in such a manner as not to impede the safe and efficient flow of traffic and pedestrian movements and to minimize impacts on adjacent land uses.
k. No parking, loading, storage, display areas, trash collection or outdoor service area shall be permitted within a required yard. 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 and public roadways in accordance with the provisions of Section 69.3 of the Land Use Bylaw, to the satisfaction of the Development Officer.
l. Development shall be in accordance with the following architectural guidelines, to the satisfaction of the Development Officer:
 
i. the design of the project shall establish a common architectural theme or period architecture and the principal design elements, finishing materials, colours and roof styles shall be applied to each building with minor variations;
ii. all exterior finishing materials must be of good quality, durable and attractive in appearance, and the exposed faces of all buildings on the site shall have harmonious exterior finishing materials having regard to the objective of ensuring a high standard of appearance appropriate to the location of this site;
iii. on site security and building lighting must be situated and designed such that the illumination is directed downwards and no direct rays of light are directed outward from the site;
iv. all mechanical equipment on the roof of any building shall be concealed screening in a manner compatible with the architectural character of the building or concealed by incorporating it within the building roof;
v. any buildings having a gross floor area 3 000 sq. m or with a single wall exceeding 30 m in length shall comply with the following guidelines to the satisfaction of the Development Officer:
 
A. the roofline and building facade shall include design elements or variations that reduce the perceived mass of the building and add architectural interest;
B. the exterior wall finishing materials shall be predominantly composed of muted colours and consist of brick, textured concrete, stone, glazing or stucco, with prefinished metal or wood limited to use as an accent so as to minimize the perceived massing of the building; and
C. the provision of shrubs and mature trees adjacent to building walls to minimize the perceived mass of the building to create visual interest.
m.All on-site services for power, telephone and C.A.T.V. shall be underground. Underground power services shall also be provided for signs requiring such services.
n.Notwithstanding any other provision of the Land Use Bylaw, a portable sign shall be allowed for only a new business for a maximum of 90 days within its first year of operation on the site.
o.Notwithstanding any other provisions of the Land Use Bylaw, individual business identification signs located on the facades of buildings shall be similar as to proportion, construction materials and placement. The design, placement and scale of the sign shall be to the satisfaction of the Development Officer so as to ensure that the signage does not detract from the overall appearance of the development and is not obtrusive, having regard to the scale of the buildings on the site and the distance of the building setback.
p.Developments in this district shall be evaluated with respect to compliance with the General Development Regulations of Section 50 to 79 inclusive of the Land Use Bylaw.
q.The Development Officer may grant relaxations to the regulations contained in Sections 50 to 79 of the Land Use Bylaw and the provision 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 the neighbourhood properties.
a. Gas Bars, Minor Service Stations and Rapid Drive-through Vehicle Services Buildings shall be developed in accordance with Section 82 of the Land Use Bylaw and the following additional criteria:
 
i. 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;
ii. 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
iii. any canopy located over the gas pump islands shall be designed and finished in a manner consistent with the design and finishing of the principal building, with the overall height and scale of the canopy is not obtrusive and maintains consistency with the eave line of the principal building.
b. Drive-in Food Services or Minor Eating and Drinking Establishments having an accessory food pickup window shall have a minimum building setback of 14 m from 137 Avenue and be developed in accordance with Section 82 of the Land Use Bylaw. The location of any accessory food pickup window and circulation shall be provided to the satisfaction of the Development Officer in consultation with the General Manager of the Transportation Department.
c. The following regulations shall apply to Convenience Vehicle Rentals;
 
i. the maximum site area for a business shall be 2,000 m2;
ii. servicing and repair operations shall be permitted only as accessory uses;
iii. all storage, display or parking areas shall be hard surfaced in accordance with Section 67.3 of the Land Use Bylaw; and
iv. lighting for the display areas shall be mounted on lamp standards and no exposed bulbs or strings or lights shall be used.
d. Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of the Land Use Bylaw.

Bylaw attachments