DC2 150

Kiniski Gardens - southwest corner of 43 Avenue and 34 Street

Bylaw 8900 (July 19, 1988)

To establish a Site Specific Development Control District to accommodate a gas bar and convenience store and to establish sensitive site development regulations that will ensure compatibility with surrounding land uses.

This DC5 District shall apply to Lot 1, Block 29, Plan 802 2725; located on the southwest corner of 43 Avenue and 34 Street; Kiniski Gardens, Burnewood, Mill Woods.

a. Gas Bars
b. Convenience Retail Stores
a. The maximum floor area ratio shall be 0.20.
b. The maximum building height shall not exceed 10 m (32.8 ft.) nor one storey.
c. A landscaped yard a minimum of 3 m (9.84 ft.) in width shall be provided adjacent to 35 Street, together with continuous screen fencing of a solid and durable design 1.82 m (6.0 ft.) in height, to be provided a minimum of 3 m (9.84 ft.) from the property line. Landscaping shall consist of groupings of deciduous trees a minimum caliper of 5.5 cm (2.2 in), and evergreens a minimum height of 2.5 m (8.2 ft.), together with a mixture of evergreen and deciduous shrubs, all to be located between the property line and the fence and to the satisfaction of the Development Officer.
d. A landscaped yard a minimum of 3 m (9.84 ft.) in width shall be provided adjacent to 43 Avenue and 34 Street. Landscaping shall consist of groupings of deciduous trees a minimum caliper of 5.5 cm (2.2 in.) and evergreens a minimum height of 2.5 m (8.2 ft.), together with a mixture of evergreen and deciduous shrubs, all to the satisfaction of the Development Officer.
e. Continuous screen fencing of a solid and durable design, 1.82 m (6.0 ft.) in height, shall be provided along the south property line.
f. No parking loading, storey, trash collection, outdoor service or display area shall be permitted within a required yard. Parking, loading, storage and trash collection areas shall be located in such a manner as to be screened from view from adjacent residential sites and public roadways in accordance with the provision of Section 69.3 of the Land Use Bylaw.
g. Landscaping and hardsurfacing of the parking area shall be completed with the first place of development on the site.
h. The maximum gross floor area for development on the site shall not exceed 223.0 m2 (2,400 sq. ft.).
i. Development in the District shall comply with the following architectural guidelines:
 
i. the siting of the building and the placement of the windows shall be oriented so as to minimize opposing views to the adjacent residential neighbourhood;
ii. the perceived massing of the building when viewed from the adjacent residential area to the west and south shall be minimized through the use of building setbacks, the articulation of building facades and roof lines, and the choice and colour of finishing materials, to the satisfaction of the Development Officer;
iii. all finishing materials must be of good quality, durable and attractive in appearance, with consistent treatment on all faces of the building;
iv. an architectural and landscaping theme compatible with the adjacent residential neighbourhood shall be created through the exterior treatment of buildings on the site and through the use of landscaping techniques and planting materials; and
v. all mechanical equipment on the roof of any building shall be completely screened or incorporated in the building roof.
j. Any exterior lighting of the site shall be designed so that the lighting is directed away from the adjacent residential development to the west and south, and the intensity of illumination shall not extend beyond the boundaries of the site.
k. Access to the site shall be provided from 43 Avenue and 34 Street with no access provided to the site from 35 Street or from the lane located to the south of the site.
l. Signs may be allowed in this District in accordance with Schedule 79 D and in accordance with the general provisions of Sections 79.1 to 79.9 inclusive of the Land Use Bylaw. In addition, free standing signs intended to identify the site and the principal tenant shall be located along the 43 Avenue and 34 Street frontages in order to protect the visual environment along 35 Street.
m. Development in the District shall be evaluated with respect to compliance with the General Development Regulations of Sections 50-79 inclusive of the Land Use Bylaw.
n. The Development Officer may grant relaxations to Sections 50-79 of the Land Use Bylaw and the provisions of this District, if, in his opinion, such a variance would in keeping with the general purpose of this District and would not affect the amenities, use and enjoyment of neighbouring properties.
o. 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 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 Landscaping Bond 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.
a. Gas Bars shall be developed in accordance with Section 82 of the Land Use Bylaw. Any canopy located over the gas pump islands shall not exceed 4.57 m (15.0 ft.) in height, with the illuminated portion of the canopy not to exceed 0.9 m (3.0 feet) in height and shall ensure that illumination be directed downwards and away from direct view by adjacent residential uses. Such a canopy shall be designed and finished in a manner consistent with the design and finish of the principal building.
b. No propane dispenser shall be allowed on the site.

Bylaw attachments