DC2 852

Westmount - east side of 127 Street NW between 109A Avenue NW and 110 Avenue NW

Bylaw 16630 (November 4, 2013)

To establish a Site Specific Development Control Provision to accommodate an existing building while retaining residential and mixed-use development potential with Site development regulations to ensure that development will be compatible with the surrounding residential neighbourhood. 

This Provision shall apply to Lot 15, Block 49, Plan RN39B; located on the east side of 127 Street NW between 109A Avenue NW and 110 Avenue NW, Westmount.

a. Apartment Housing
b. Business Support Services
c. Commercial Schools
d. Convenience Retail Stores
e. Creation and Production Establishments
f. Duplex Housing
g. General Retail Stores
h. Indoor Participant Recreation Services
i. Live Work Units
j. Major Home Based Business
k. Media Studios
l. Minor Home Based Business
m. Personal Service Shops
n. Professional, Financial and Office Support Services
o. Public Libraries and Cultural Exhibits
p. Row Housing
q. Secondhand Stores
r. Stacked Row Housing
s. Fascia On-premises Signs
t. Freestanding On-premises Signs
u. Projecting On-premises Signs
v. Temporary On-premises Signs, excluding trailer mounted signs and/or signs with changeable copy.
a. Notwithstanding Section 720.3(2) of the Zoning Bylaw, a Site Plan is not required to be appended to the Bylaw adopting this Provision.
b. Some regulations of this Provision change if the Site is redeveloped. For the purpose of this Provision, Redevelopment is defined as the removal and replacement of the principal building or significant additions that increase the Height or Floor Area Ratio by more than 50% of that of the existing principal building.
c. Upon Redevelopment of the Site, the Development Officer may vary the regulations of this Provision and exercise their authority pursuant to Section 11.3 and 11.4 of the Zoning Bylaw if it would, in the opinion of the Development Officer, make the proposed development more compatible with the surrounding land uses.
d. The maximum Floor Area of any individual business premises shall not exceed 275 m2.
e. The maximum Density shall be 125 Dwellings/ha.
f. The maximum Floor Area Ratio shall be 1.3.
g. The maximum Height shall not exceed 14.0 m.
h. Floor Area may be developed in attic areas as additional space to a Dwelling, provided the additional Floor Area creates architectural interest to the design of the building and the development is within the maximum allowable Height.
i. The minimum Front Setback shall be 0 m for development in existence at the time of the adoption of this Bylaw. If Redevelopment occurs, the minimum Front Setback shall be 3.0 m.
j. The minimum Side Setback shall be 0 m for development in existence at the time of the adoption of this Bylaw. If Redevelopment occurs, the minimum Side Setback shall be 1.0 m.
k. The minimum Rear Setback shall be 20.0 m for development in existence at the time of the adoption of this Bylaw. If Redevelopment occurs, the minimum Rear Setback shall be 7.5 m.
l. A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided.
m. Decks and balconies greater than 1.0 m above Grade may project up to 5.0 m into the minimum Rear Setback, provided that privacy screening prevents visual intrusion into adjacent properties.
n. Parking shall be in accordance with Section 54 of the Zoning Bylaw, except that the following shall apply for development in existence at the time of the adoption of this Bylaw:
 
1. A total of nine (9) vehicular parking spaces shall be provided for all uses;
2. All vehicular parking shall be provided to the rear of the principal building and be accessed off the Lane;
3. The drive aisle in the Parking Area shall be a minimum of 3.5 m; and
4. A total of five (5) Bicycle Parking spaces will be provided at the rear of the principal building in accordance with Section 54.3 of the Zoning Bylaw.
o. If Redevelopment of this Site occurs, parking shall be in accordance with Section 54 of the Zoning Bylaw.
p. Off-street Vehicular Loading Facilities shall not be required for development in existence at the time of the adoption of this Bylaw. If Redevelopment occurs, Off-street Vehicular Loading Facilities shall be in accordance with Section 54 of the Zoning Bylaw.
q. Storage and trash collection areas shall be located to the rear of the principal building and shall be screened from view from any adjacent Sites in accordance with the provisions of Section 55.4 of the Zoning Bylaw.
r. When a development officer receives a development permit application for development that may, in the opinion of the development officer, create a negative impact such as noise, light or odours that is noticeable on adjacent properties, the development officer shall impose conditions on any resulting development permit to minimize or negate these negative impacts including conditions for screening in excess of the requirements of section 55 of the Zoning Bylaw, noise attenuation measures such as structural soundproofing, downward direction of all exterior light or any other conditions that the Development Officer deems appropriate.
s. Landscaping regulations in Section 55 of the Zoning Bylaw shall not apply for development in existence at the time of the adoption of this Bylaw. If Redevelopment occurs, Landscaping shall be in accordance with Section 55 of the Zoning Bylaw.
t. Lighting shall be provided to ensure a well-lit and safe environment for pedestrians, and shall conform with Section 51 of the Zoning Bylaw.
u. Upon Redevelopment, the applicant may be required to provide information regarding the location of windows and Amenity Areas on adjacent properties, and the windows of the proposed development shall be located to minimize overlook into adjacent properties.
v. Signs associated with commercial use classes shall comply with the regulations found in Schedule 59D of the Zoning Bylaw. Signs associated with residential use classes shall comply with the regulations found in Schedule 59B of the Zoning Bylaw.
w. Notwithstanding other regulations of the Zoning Bylaw or this Provision, upon Redevelopment, the development shall conform with the regulations of Section 823.3(2), 823.3(3), 823.3(4) and 823.3(5) when applicable, this being select regulations from the Medium Scale Residential Infill Overlay.

Bylaw attachments