DC2 394

Eaux Claires - 15311 - 97 Street NW

Bylaw 11109 (November 6, 1995)

To establish a Site Specific Development Control District for neighbourhood convenience and highway commercial uses, such that by limiting the range of specific land uses and developing sensitive site development regulations, impacts on adjacent properties are minimized.

Lots 1 and 2, Block 90, Plan 882 2745; Eaux Claires, Lake District.

a. Convenience Retail Stores
b. Gas Bar
c. Health Services
d. Minor Eating and Drinking Establishments
e. Major Eating and Drinking Establishments, with seating limited to a maximum of 300 seats, provided that if the establishment is to include a dance floor, at least one half of the total gross floor area of the use must be designated for an eating or dining area
f. Personal Service Shops
g. Professional, Financial and Office Support Services
h. Daytime Child Care Services
i. General Retail Stores up to a Maximum Gross Floor Area of 1,000 m2
j. Business Support Services
k. Minor and Major Amusement Establishments excluding video arcades. Video Arcade shall mean a separate development, not accessory to other uses which has as its primary purpose the use of arcade, video or electronic games for the active amusement and entertainment of patrons
l. Household Repair Services
m. Minor Veterinary Services
n. Minor Alcohol Sales
o. Rapid Drive-through Vehicle Services
p. Drive-in Food Services
a. The maximum floor area ratio shall be 1.0.
b. The maximum building height shall not exceed 10 m (32.8 ft.) nor two and one half storeys.
c. The minimum site width shall be 90 m.
d. The minimum front yard shall be 3 m.
e. The minimum side yard shall be 2 m, except where it abuts a flanking public roadway other than a lane, in which case the side yard shall not be less than 4.5 m (14.8 ft.).
f. Landscaping and screening shall be provided to the satisfaction of the Development Officer. The east yard shall contain a 2.44 m high concrete or equivalent fence and appropriate tree planting. Development shall be setback 13.72 m from the east property line. Landscaping for all other yards shall be in accordance with Section 69 of the Land Use Bylaw.
g. The Development Officer will review applications for Major and Minor Eating and Drinking Establishments to ensure that the emphasis of any establishment is for the preparation and sale of food and not as a nightclub facility, in order to protect the future residential integrity of the area east of the site.
h. The number of parking spaces required for any development within this District shall be in accordance with the provisions of Section 66 of the Land Use Bylaw.
i. No parking, loading, storage, trash collection, outdoor service or display areas shall be permitted in a required yard. Loading, trash collection and service areas shall be constructed and screened in a manner that is consistent with the overall design of the site, and shall be located in a manner that minimizes direct views from adjacent public roadways to the satisfaction of the Development Officer.
j. 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.
k. That the commercial structures incorporate sloping roofs to reflect the residential character of future development to the east of the property.
l. Development 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.
m. The Development Officer may grant relaxations to the regulations contained in Sections 50 to 79 of the Land Use Bylaw and the provisions of this District, if, in the Officers opinion, such variance would be in keeping with the General Purpose of the District and would not adversely affect the amenities, use and enjoyment of the 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 a Development Officer, 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 (5.9 ft.) high.
b. Minor or Major Amusement Establishments shall only be allowed where included as a component of a Major or Minor Eating and Drinking Establishment and such that there is no separate, direct exterior access to the Minor or Major Amusement Establishment. Further, Minor or Major Amusement Establishments shall be limited to a maximum of 8 table, electronic or video games.
c. No outdoor storage shall be permitted for Household Repair Services.
d. Minor Alcohol Sales shall be developed in accordance with Section 98 of the Land Use Bylaw (Subsections 1,2 & 4 only).
e. Rapid Drive-through Vehicle Services shall be limited to carwash operations.
f. Gas Bars and Rapid Drive-through Vehicle Services shall be developed in accordance with Section 82 of the Land Use Bylaw and with the following criteria:
 
i. all activities and mechanical equipment associated with Rapid Drive-through Services, shall be located within an enclosed building and limited to vehicles with a maximum weight of 2,500 kg (5,510 lbs.);
ii. the total number of bays for any individual Rapid Drive-through Services shall not exceed 4 bays;
iii. overhead doors associated with Rapid Drive-through Services shall not directly face towards a Residential District unless a noise impact analysis has been conducted demonstrating that the use will not pose an impact on the Residential District.
g. Drive-in Food Services shall be developed in accordance with Section 82 of the Land Use Bylaw. The location of any accessory food pick-up window and circulation shall be provided to the satisfaction of the Development Officer in consultation with the Transportation Department. Landscape treatments and screening of drive aisles and parking shall be incorporated into the drive-in location to the satisfaction of the Development Officer.

Bylaw attachments