DC2 687

Empire Park - located between 51 Avenue and Whitemud Drive and 108A and 111 Streets

Bylaw 14423 (December 7, 2006)

The purpose of this Site Specific Development Control Provision is to accommodate the existing shopping centre (Southgate Centre) and additional retail, parking and on-site improvements that will provide for a variety of uses intended to serve a community or regional trade area, including commercial, office and professional services, health services, community and educational uses; acknowledge the shopping centre’s existing yards, building setbacks and parking arrangements, and provide specific development criteria that will achieve a compatible relationship between the subject site and surrounding land uses, including the adjacent Light Rail Transit Station. The Provision will also establish a high standard of building appearance appropriate to the site's proximity to nearby residential development and arterial roadways.

This DC2 Provision shall apply to Lots 2 and 4, Block D, Plan 782 1041, and Lots 5, 6, 9, 10, 11, 12, and 13 Block D, Plan 892 2780, and Block OT, Plan 862 1772, containing 17.95 ha (44.35 ac), more or less, located between 51 Avenue and Whitemud Drive and 108A and 111 Streets, Empire Park, as shown on Schedule ”A’ of the Bylaw.

a.Bars and Neighbourhood Pubs when integrated with a Restaurant and so long as the Public Space for the Bar or Neighbourhood Pub is no greater than the Public Space for the Restaurant
b.Broadcasting and Motion Picture Studios
c.Business Support Services
d.Child Care Services
e.Convenience Retail Stores
f.Drive-in Food Services
g.Gas Bars
h.General Retail Stores
i.Government Services
j.Health Services
k.Indoor Participant Recreation Services
l.Major and Minor Alcohol Sales on a Site 2 ha or larger
m.Minor Amusement Establishments
n.Minor Service Stations may be developed within an enclosed building, or as a free standing structure on the northwest quadrant of the site
o.Personal Service Shops
p.Private Clubs
q.Professional, Financial and Office Support Services
r.Public Libraries and Cultural Exhibits
s.Recycled Materials Drop-off Centres
t.Religious Assembly
u.Restaurants for less than 200 occupants and 240 m2 of Public Space
v.Specialty Food Services for less than 200 occupants and 420 m2 of Public Space
w.Spectator Entertainment Establishments
x.Warehouse Sales
y.Veterinary Services
z.Fascia On-premises Signs
aa.Freestanding On-premises Signs
bb.Freestanding Off-premises Signs
cc.Projecting On-premises Signs
dd.Temporary On-premises Signs
a. Development on this site shall be in accordance with the following regulations and with the drawings and concepts illustrated in Appendix 1 of this Bylaw. The Development Officer may allow minor variances to the Site Plan and building elevations to add depth to yards or building setbacks, enhance or provide pedestrian spaces, linkages, and facilities to improve the visual quality of the development, if in his opinion, such a variance would be in keeping with the purpose of this Provision and would not affect the amenities, use and enjoyment of the neighbouring properties.
b. All Uses shall be part of a purpose-designed shopping centre complex.
c. The maximum Floor Area Ratio shall be 1.0.
d. The maximum Building Height shall be 20.0 m.
e. Future individual free standing buildings (or commercial retail units) as shown on the Site Plan shall not exceed 4200 m2 and shall be developed in accordance with the applicable regulations and guidelines in this Provision.
f. On the north side adjacent to 51 Avenue, the existing yards and building setbacks as shown on the attached Site Plan will be maintained. Upon redevelopment or resurfacing of the parking lots adjacent to 51 Avenue, a landscaped yard, a minimum of 2.0 m and a minimum building setback of 4.0 m shall be required for a one storey building. This setback shall be increased to 6.0m for buildings two stories and above.
g. On the east side adjacent to 108A Street, the existing yards and setback of existing structures and accessory parking garages, retaining walls and access ramps as shown on the attached Site Plan shall be maintained. A minimum building setback of 4.0 m will be required adjacent to 108A Street.
h. On the south side, a landscaped yard, a minimum of 2.0 m and a building setback, a minimum of 4.0 m shall be provided adjacent to Whitemud Drive.
i. Adjacent to 111 Street, the existing yard, which may contain surface parking, will be maintained. Removal or resurfacing of the parking lots adjacent to111 street shall require a landscaped yard, a minimum of 2.0 m. Building setbacks for the west retail expansion will range from 1.5 m to 3.9 m as shown on the attached Site Plan. This setback will contain a 1.5 m to 2.0m wide concrete walk and appropriate landscaping designed to the satisfaction of the Transportation, Asset Management and the Planning and Development Departments.
j. No new parking, loading, storage, trash collection, outdoor service or display 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 or associated building and shall be screened from view from any adjacent sites, public roadways or Light Rail Transit lines.
k. Signs shall comply with the regulations found in Schedule 59E of the Edmonton Zoning Bylaw and as shown on the concept drawings attached to this Provision. At the Development Permit Application stage, a Comprehensive Sign Criteria package for the entire site shall be provided for the approval of the Development Officer.
l. Movement and brightness of perimeter signage shall be designed to minimize light pollution and visual intrusion on surrounding residential properties.
m. Individual business identification signs located on the façades of buildings shall be similar in proportion, construction materials and placement. The design, scale and placement of signs shall be such that the signage does not detract from the overall appearance of the development and that the signage is not obtrusive, having regard to the scale of the buildings on the Site and to the distance of the building Setback.
n. All exterior lighting shall be designed such that all light is contained within the Area of Application, to be indirect from all angles of off site viewing, and not intrude into neighbouring residential area, and to incorporate design elements consistent with the architectural style for the Area of Application.
o. 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 outwards from the site into adjacent residential properties.
p. Landscaping shall be provided in accordance with the Landscaping Concepts illustrated in the attached drawings to create a consistently high quality landscape treatment that will enhance the visual appearance of the development as a whole, including the existing shopping centre.
q. A detailed landscaping plan for the entire site shall be submitted and approved by the Development Officer prior to the approval of any Development Permits. Such plans shall identify all landscaping materials, including trees, shrubs, screening elements, exterior lighting, amenity areas and pavement materials reflecting the architectural theme for the Shopping centre.
r. Perimeter landscaping that extends onto or over City-owned lands shall be developed in accordance with the Boulevard Bylaw 7829, as amended. The owners/developer of the Shopping Centre shall enter into an Agreement to landscape the adjacent City Boulevard where the existing perimeter yards and boulevard areas are deficient in landscaping materials.
s. The Development Officer may require, as a condition of Development Permit approval, a guaranteed security from the property owner, to ensure that Landscaping is provided and maintained for two growing seasons. Only the following forms of security are acceptable:
i. cash to a value equal to 100% of the Landscaping cost; or
ii. an irrevocable Letter of Credit in the amount of 100% of the Landscaping cost.
t. The design of the proposed shopping centre expansion, including future free standing buildings, the parkade, pedestrian connections, linkages and facilities shall incorporate ”r;Crime Prevention Through Environmental Design (CPTED)” principles to foster a safer physical environment.
u. The Shopping Centre expansion should be designed to accommodate an overhead pedestrian connection to the transit centre/LRT station in the general location shown on the Site Plan and elevations.
v. Development adjacent to the Transit Centre along the west face of the retail expansion shall ensure that a 1.5m clear-zone is provided on the east side of the existing curb line of the transit centre, in addition to the required walkway and planting strip, and to allow for an additional turning radius adjacent to the retail plaza to accommodate bus maneuvers, a sidewalk and snow storage as shown on the Site Plan.
w. A sidewalk, a minimum of 1.5 m to 2.0 m wide shall be provided along the west edge of the proposed building, as shown on the Site Plan, connecting to the main entrance to the shopping centre on 111 Street. The proposed retaining wall along the west side of the building and well as any stairs must be constructed entirely on private property. The design of the retaining wall and placement of landscaping materials in this zone must consider CPTED principles, barrier free guidelines, and security issues to enhance safety, access and mitigate the visual impacts of the wall.
x. At the time of Development Permit Application for the shopping centre expansion, an on-site Traffic Circulation Plan must be submitted to the satisfaction of the Transportation Department to ensure that on-site traffic operations will not adversely affect the adjacent roadway network. A traffic assessment to review on-site operations at the major access points will be required at that time, as well as an assessment of the pedestrian crossings of the major entrance points.
y. At the time of Development Permit Application, the details of the Pedestrian Network, linkages and facilities must be submitted to and approved by the Development Officer, in consultation with the Transportation Department. The design of the pedestrian linkages must reflect an enhanced east-west pedestrian connection from the east side of the Shopping Centre to 111 Street, and a north-south connection to the north main entrance of the existing shopping centre and between various parts of the site and the LRT station.
z. To achieve the development intent of this Direct Control Provision in a harmonious and functional manner, and simultaneously establish a high standard of building appearance appropriate to the site's proximity to nearby residential development and arterial roadways, the Development Officer shall ensure that the following architectural and site design criteria are incorporated into the design and development of the Southgate Centre:
i. Design of the addition and improvements to the Southgate Centre shall be sympathetic to the existing commercial building or architectural theme established for the overall Shopping Centre.
ii. The main mall building and the adjacent pedestrian circulation should be designed with detail and articulation to create an attractive streetscape.
iii. The design and appearance of future free standing structures or connections to the main building shall complement the building or adjacent structures in terms of scale, materials, proportion, detail and design elements, and/or the prevailing pattern of street wall or similar front yard setback from the street.
iv. Exterior wall finish materials for all buildings, including free standing structures, shall be of high quality and consistent on all sides with the overall architectural style/theme for the Area of Application.
v. All mechanical equipment, including roof mechanical units shall be concealed by screening or incorporation within the building roof in a manner that is consistent with the finishing of the building and the overall architectural style of the Area of Application.
vi. Awnings, canopies and overhangs may be used to complement the street wall commercial experience, and simultaneously provide weather protection from inclement weather, particularly along the west elevation, entryways and pedestrian gathering spaces.
vii. Any building having a Floor Area greater than 2500m2 or a single wall greater than 25 m that is visible from a public road or residential area shall provide articulation and landscaping adjacent to the exterior wall to break up and create visual interest, and minimize the perceived mass of the building.
viii. 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 consisting of glass and glazed window wall systems, brick, stone, architectural concrete, pre-cast coloured concrete, having regard to the objective of ensuring a high standard of appearance appropriate to the prominent location of the site;
ix. The building facade adjacent to 111 Street and abutting facades shall use compatible and harmonious exterior finishing materials and should provide visual interest through the use of materials, signage and colours, to the satisfaction of the Development Officer.
x. The exterior façade of the new parkade shall maintain a horizontal line throughout such that the sloping nature of the interior should not be repeated on the exterior façade. Design of the parkade should be an extension of the primary building and reflect similar materials, textures and design elements of the primary building. No general advertising signage will be permitted.
xi. The layout of parking areas shall specifically address the interrelation of pedestrian, vehicular and bicycle circulation in order to provide continuous, direct pedestrian access with a minimum of driveway and drive aisle crossings. Remedial treatments such as raised pedestrian crossings, forecourts and landings, special paving, lights and bollards shall be provided at significant points of conflict.
xii. To provide active and inviting streetscapes at ground level, the retail expansion should feature doorways, porches and windows at ground level, as well as weather protection features such as awnings, canopies and arcades.
xiii. To provide active and inviting streetscapes at ground level the main mall building, at least 40% of ground floor building façades shall be glazed to the exterior, except ground floor building façades facing the north and south perimeters shall have at least 20% glazing.

Notwithstanding the above regulations, the following specific uses shall be developed in accordance with the appropriate Sections in the Zoning Bylaw and this section in order to meet specific location requirements, vehicular access or operational criteria or mitigate impacts of such uses:

a. Recycled Materials Drop-off Centres will be deemed a discretionary use and will be developed in accordance with Section 84 of the Edmonton Zoning Bylaw.
b. Minor Service Stations may be developed within an enclosed building, or as a free standing structure on the northwest quadrant of the site to mitigate visual, environmental and traffic impact on adjacent roadways and residential areas.
c. Warehouse Sales and Professional, Financial and Office Support Services shall be developed in accordance with section 87 of the Edmonton Zoning Bylaw.
d. All lighting for external signage shall be aimed downward and otherwise shielded from surrounding public roadways and residential properties.
e. Animated signs or electronic copy signs are prohibited where visible from an abutting roadway except that this signage is allowed for the purpose of property identification or for general information, e.g. hours of operation or parking availability.
f. Signs, by either their placement or design that may be confused with traffic signage are prohibited.
g. Signs utilizing pulsatory lights are prohibited.
h. Lighting of parking areas shall be directed downward and shall not illuminate abutting residential properties.
i. Search lights used for advertising or entertainment shall be prohibited.

Bylaw attachments