DC2 490

Pembina - north of 137 Avenue and west of approximately 135 Street

Bylaw 11938 (January 11, 1999)

To establish a Site Specific Development Control District for a range of commercial uses having specific site development regulations which will ensure compatibility with adjacent existing and proposed commercial and residential land uses, and a high standard of appearance appropriate to the site’s location on a major commercial corridor.

This district shall apply to the southerly 152.4 m (500 feet) (exclusive of any future road widenings for 137 Avenue) of the East ½ of LSD 3, Sec 25-53-25-W4M; located north of 137 Avenue and west of approximately 135 Street; Pembina, The Palisades.

a. Alcohol Sales, Major
b. Alcohol Sales, Minor
c. Amusement Establishments, Major
d. Amusement Establishments, Minor
e. Business Support Services
f. Child Care Services
g. Commercial Schools
h. Drive-in Food Services
i. Eating and Drinking Establishments, Major
j. Eating and Drinking Establishments, Minor
k. Gas Bars
l. Government Services
m. Health Services
n. Indoor Participant Recreation Services
o. Personal Service Shops Minor
p. Professional, Financial and Office Support Services
q. Rapid Drive-through Vehicle Services
r. Retail Stores, Convenience
s. Retail Stores, General
t. Secondhand Stores with a gross area of less than 275 m2
u. Service Station, Major
v. Service Station, Minor
w. Warehouse Sales
a. The maximum floor area ratio shall be 0.75.
b. The maximum building height shall not exceed 10.0 m (32.8 ft.) or 3 storeys.
c. A landscaped yard, a minimum of 15.24 m in width, shall be required adjacent to 137 Avenue. The southerly limit of this required yard shall be the existing south property line of East ½ LSD 3, Sec 25-52-25-W4M. The landscaping of this yard shall include a 1 m high berm and the planting of a minimum of 4 deciduous trees (a minimum of 7.6 cm in caliper), 4 coniferous trees (a minimum of 3 m in height) and 20 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.
d. A landscaped yard, a minimum of 6.0 m width shall be provided adjacent to the north property line where it is adjacent to the lands identified for future residential development in The Palisades Area Structure Plan. Included within this yard shall be a 1.8 m high continuous screen fence on top of a 1.8 m high landscaped berm centered on the north property line.
e. A landscaped yard, a minimum of 3 m in width, shall be provided adjacent to the west and east property lines of the parcel. This 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) planted at minimum intervals of 4.6 m.
f. Any building greater than 8.0 m in height shall be set back a minimum of 20.0 m from the portions of the north property line where it is adjacent to lands identified for future residential land uses in The Palisades Area Structure Plan.
g. 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 by the Development Officer which, in the opinion of the Development Officer, comply with the planting and berming requirements specified by Clauses 4(c), (d), (e), and (f) of this District.
h. 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, with 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 one growing season after completion of the landscaping.
i. No parking, loading, storage, trash collection, outdoor service or display areas shall be permitted within a required yard, and trash collection areas shall be screened from view from any adjacent site and public roadway in accordance with section 69.3 of the Land Use Bylaw.
j. Development shall be such that all exterior finishing material be of high quality, durable and attractive in appearance, to the satisfaction of the Development Officer.
k. All buildings shall be constructed using a similar architectural theme and exterior finishing/colours, unless the function of individual buildings dictate a specific style or image associated with a particular company. In such instances, development must maintain harmony in terms of building lines, mass and quality of exterior treatment, to the satisfaction of the Development Officer.
l. Each site shall be designed to provide a desirable transition with the streetscape and adjoining properties and should accommodate adequate areas for landscaping, pedestrian movement, parking and other facilities.
m. The surface parking areas shall include landscaping in the minimum amount of 1.7 m2 for each parking space. The required landscaping shall not be located in one area, and shall be placed within the parking area so as to provide visual relief and breakup large areas of parking into smaller cells and to visually define primary circulation aisles, to the satisfaction of the Development Officer.
n. Any business premise or multiple occupancy building having a ground floor area greater than 2 000 m2 shall comply with the following design guidelines to the satisfaction of the Development Officer:
 
i. the roof line and building facade shall include design elements and variations that reduce the perceived mass of the building and add architectural interest;
ii. the exterior wall finishing materials shall be predominantly composed of light earth tone or muted colours, with strong colours limited to use as an accent;
iii. the provision of landscaping to minimize the perceived mass of the building and create visual interest; and
iv. the Development Officer may also require that such developments have a building set back greater than that imposed by the adjacent yard requirements of this District, to minimize perceived massing of the development when viewed from adjacent public roadways.
o. Signs shall be allowed in this district in accordance with Schedule 79D, 79D.1, 79D.2 with the exception to 79D.2. (1)(c), in that the maximum height of a free standing sign in all cases shall be 10 m (32.8 ft.).
p. 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 it within the building roof.
q. 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.
r. 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 the enjoyment of neighbouring properties.
a. The Gas Bar, Minor and Major Service Stations, Drive-in Food Services and Rapid Drive-through Vehicle Services shall have a minimum building setback of 14 m from the eastern and western boundaries of the site and 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 and Streets 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;
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 to be to the satisfaction of the Development Officer, such that the canopy is not obtrusive and maintains consistency with the eave line of the principal building; and
iv. the location of any food pickup window and vehicular circulation shall be provided to the satisfaction of the Development Officer in consultation with the General Manager of the Transportation and Streets Department.
b. All operations and mechanical equipment associated with Rapid Drive-through Vehicle Services shall be located within an enclosed building.
c. The siting, access and traffic impact of the following developments shall be to the satisfaction of the Development Officer, in consultation with the General Manager of the Transportation and Streets Department, who shall ensure that such developments do not prejudice the safety and transportation function of the adjacent public roadways and that there is safe, efficient planning of on-site traffic circulation:
 
i. Drive-in-Food Services;
ii. General Retail Stores;
iii. Indoor Participant Recreation Services;
iv. Major and Minor Amusement Establishments;
v. Major and Minor Eating and Drinking Establishments;
vi. Professional, Financial and Office Support Services;
vii. Rapid Drive-through Vehicle Services; and
viii. Gas Bars.

The Development Officer, based upon the advice of the General Manager of the Transportation and Streets Department, may as a condition of approval limit the gross floor area or seating capacity for any of the above noted uses and require that the developer enter into an agreement to pay for the costs of additional roadway improvements including auxiliary lanes or slip ramps, to provide access to the development.

d. 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 Social 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 high.
e. Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of the Land Use Bylaw.

Bylaw attachments