DC2 312 (Area B)

Matt Berry - southwest corner of 66 Street and 158 Avenue

Bylaw 10369 (July 27, 1993)

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 the adjacent residential uses.

This DC5 District shall apply to Lot 1, Block 3, Plan 892 2625 in the SW 35-53-24-W4M; located at the southwest corner of 66 Street and 158 Avenue, as shown on the sketch plan to the Bylaw adopting this DC5 District, Matt Berry.

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 Centre
a. The maximum gross floor area of any individual business premise shall not exceed 275 m2. The Development Officer may allow an individual business premise to have a gross floor area up to 1,000 m2, provided that in his opinion the proposed business is primarily intended to serve residents of the neighbourhood and would not adversely affect the amenity and enjoyment of the surrounding 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 2½ storeys.
d. A landscaped yard, a minimum of 3 m, shall be required adjacent to west and north property lines of the site, and a landscaped yard, a minimum of 4.5 m, shall be required adjacent to the east property line of the site. The landscaping of these yards shall include the planting of a minimum of 3 deciduous trees (a minimum of 7.6 cm in caliper), 3 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.
e. A minimum landscaped yard of 4.5 m shall be required adjacent to the south property line of the site. A minimum building setback of 6 m, except for those uses specified in Clause 5(e), shall be required to the east and south property lines of the site. This required yard shall be landscaped with mature coniferous trees a minimum of 3 m in height, and deciduous trees a minimum caliper of 7.6 cm, so as to substantially screen the site from the adjacent area designated for single detached residential development. These trees shall be planted at maximum intervals of 4.6 m.
f. 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 for the Development Officer which, in the opinion of the Development Officer, comply with the landscaping requirements specified by Clauses 4(d) and 4(e) of this district.
g. Continuous screen fencing of a solid design, a minimum of 1.8 m in height, shall be provided adjacent to the south property line of the site.
h. A minimum building setback of 15 m shall be required from the pipeline right-of-way crossing the northeast portion of the site.
i. 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 single family development, to the satisfaction of the Development Officer, 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.
j. 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 northern and western frontages of the site, with the signs on the western frontage being a minimum of 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 development and such that there is no adverse visual impact on surrounding residential properties, to the satisfaction of the Development Officer.
k. 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 in 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.
l. The Development Officer shall require, as a condition of development 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.
m. 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.
n. 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 amenities, 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 in height.
b. The Gas Bar, Minor Service Station 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 design and finishing of the principal building.
c. The total number of bays for the Rapid Drive-through Vehicle Services and Minor Service Stations shall not exceed four bays for the site as a whole.
d. 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 application provide the noise attenuation measures recommended in the noise impact statement, or any other measures recommended by the City Engineer.
e. Gas Bar, Minor Service Station and Rapid Drive-through Vehicle Service uses shall be located on the western portion of the site; and these uses and the associated access aisles/queuing spaces shall be located a minimum of 30 m from the south property line.
f. The Development Officer shall ensure that the perceived massing of Religious Assembly development when viewed from the adjacent residential area to the south is minimized, through such means as building setbacks, the articulation of building elevations and rooflines, and the choice and colour of finishing materials.
g. Residential Sales Centres shall be developed in accordance with Section 95 of the Land Use Bylaw.
h. Indoor Participant Recreation Services shall be limited to health and fitness facilities.

Bylaw attachments