DC2 920

To establish a Site Specific Development Control Provision to accommodate a residential development with small scale commercial uses on the ground floor fronting 95 Avenue and family-oriented row housing fronting 153 Street NW that encourages active streetscapes, pedestrian activity, and is in scale with the surrounding residential neighbourhood.

This DC2 Provision shall apply to Lots 8 & 9, Block 27, Plan 2611KS and Lot 7, Block 27, Plan 6530ET as shown on Schedule "A" attached to the Bylaw adopting this Provision, West Jasper Place.

Area A (Mixed Use Portion Along 95 Avenue)

a.	Child Care Services
b.	Commercial Schools
c.	Creation and Production Establishments
d.	General Retail Stores
e.	Health Services
f.	Indoor Participant Recreation Services
g.	Live Work Units
h.	Minor Home Based Business
i.	Personal Service Shops, excluding Body Rub Centres
j.	Professional, Financial and Office Support Services
k.	Public Library and Cultural Exhibits
l.	Specialty Food Services
m.	Residential Sales Centre
n.	Row Housing
o.	Veterinary Services
p.	Fascia On-premises Signs
q.	Projecting On-premises Signs

Area B (Residential Portion Along 153 Street)

a.	Minor Home Based Business
b.	Row Housing
c.	Fascia On-premises Signs

a.

The Site Plan and building location shall be in general accordance with the Site Plan as illustrated in Appendix I, and the elevation Plans as shown in Appendix II.

b.

The elevations of the building shall be to the satisfaction of the Development Officer generally as indicated in Appendix II and Appendix III.

c.

That maximum number of Dwelling units shall be 10.

d.

Only Commercial Uses shall be located on the first (ground) floor along 95 Avenue NW “Area A”. Commercial uses, other than Minor Home Based Businesses shall not be developed on upper floors or in “Area B”.

e.

The maximum building Height along 95 Avenue NW “Area A” shall not exceed 10.0 m.

f.

The maximum building Height along 153 Street NW “Area B” shall not exceed 8.6 m.

g.

A minimum building Setback of 0.5 m shall be provided from the south property line along 95 Avenue NW in “Area A”. This is to facilitate widening of the sidewalk in front of the Commercial area.

h.

A minimum building Setback of 6.0 m shall be provided from the east property line, along 153 Street in “Area B”.

i.

The minimum building Setback of 3.0 m shall be provided from the north property line of the Site in “Area B”.

j.

No parking, loading, storage, trash collection, outdoor service, or display area shall be permitted within a required Yard. Loading, parking, and trash collection areas shall be located to the rear of the principal building and shall be screed from view from any adjacent Sites of public roadways other than a lane.

k.

A patio area, intended to supplement the use of the adjacent commercial rental unit, shall be permitted within a required Yard, to be located in general accordance with the Site Plan, Appendix I.

l.

A minimum Amenity Area of 7.5 m2 per Dwelling shall be provided.

m.

Row Housing in “Area B” shall be developed so that each Dwelling shall have individual front door access to 153 Street.

n.

Any individual business operating in “Area A” shall not be permitted to occupy more than 200 m2 (two commercial rental units), to keep the small scale aspect of the commercial portion intact.

o.

Main entrances for businesses operating in “Area A” shall be oriented towards 95 Avenue.

p.

The windows of any business in “Area A” shall allow viewing into the individual businesses. Windows must use clear glass and shall not be tinted or mirrored or blocked from the interior.

q.

Garbage enclosures shall be located entirely within private property. Gates and doors of the garbage enclosure shall not open or encroach into road right-of-way.

r.

The Development Officer may require information regarding the location of windows and Amenity Areas on adjacent properties prior to issuance of a Development Permit. The Development Officer shall ensure the windows or Amenity Areas of the proposed development are placed to minimize overlook into adjacent properties.

s.

As a condition of any development permit, the owner shall enter into an Agreement with the City of Edmonton for off-Site improvements necessary to serve the development. The Agreement shall include an engineering drawing review and approval process. Improvements to be addressed in the Agreement include but are not limited to the following:

i.	Upgrade of the north-south alley, west of the site, from 95 Avenue to the northern limit of the property to a commercial standard; and
ii.	Installation and maintenance of the expanded sidewalk, the seating area, and the screen area.

t.

The flanking side of the north portion of the building “Area B” shall be articulated through windows or other architectural elements that are compatible with adjacent development.

u.

On-Site parking shall be accessed from the rear (west) Lane only.

v.

Any mature trees on private property that are removed to facilitate the proposed development shall be replaced at a 1:1 ratio.

w.

Adjacent City of Edmonton and public park trees shall be protected as per City Procedure C456A Corporate Tree Management. Lay down areas are not permitted within the City’s boulevard area.

a.

Quality finishing materials for all of the development shall be used such as stone, masonry, fiber cement siding, cementitious panels, stucco, wood panel, metal and glass.

b.

All exterior lighting of the Site shall be designed so that the light source is directed away from adjacent residences and both placement and illumination of lighting shall be configured in consideration of crime prevention principles and security of building entries. Lighting shall not interfere with the effectiveness of any traffic control devices.

c.

The commercial frontage shall be designed to break the appearance into sections of no larger than 10m, and a minimum of 70% linear transparency at ground level along fronting and flanking streets, in accordance with the West Jasper Place Area Redevelopment Plan.

d.

The use of vinyl as a finishing material shall not be permitted.

e.

All buildings Facades shall use compatible and harmonious exterior finishing material.

f.

Architectural design details shall include but not be limited to:

i.	Building articulation to provide architectural variety and interest.
ii.	The reduction of perceived massing and scale through the application of architectural elements and treatments including but not limited to changes in Plane (e.g., recesses and projections) and variety of building finishes, materials, textures, colours or other features that create an identifiable pattern and sense of human scale.
iii.	Exterior finishing materials that provide visual interest and are durable of high quality, including but not limited to natural and synthetic stone, brick, acrylic stucco, metal and glazing and is to be consistent with treatment on all building facades.
iv.	Creation of an identity for the Site that establishes it as a precinct within the community. The south-east corner of the Site, because it exposes the principal facades of areas A & B, should include elements that identify the Site as a precinct. This can include, but not be limited to, intensively detailed masonry, intensive landscaping, walking surface treatment of walkways on Site. Materials and colours of key visual elements at the south east corner should be carried through the development in modest amounts to maintain continuity and hierarchy of the corner.

g.

The Development Officer shall permit additional Setbacks for architectural features such as recessed entrance ways, patios or other features that add architectural interest of the building or to the pedestrian experience.

h.

At the south-east corner of Area A where on-Site grading requires a grade separation from the existing sidewalks on 95 Avenue and 153 Street, permanent street furniture is to be provided to eliminate any steps in the public access way. Where seating is provided it shall be permanently fixed in place and be readily useable by all members of the public. Barrier-free accessibility to all levels of the sidewalk and building access points on the south face of Area A shall be maintained.

i.

Privacy screens 1.8 metres high shall be provided between balconies of Residential units. Screening should mitigate overlook from adjacent units habitable space windows into deck space.

j.

Any Air Conditioning Units installed by the developer will be located in the rear of the building.

k.

The metal fencing shown on the Site Plan will be powder coated.

a.

Parking and Bicycle parking shall be provided in accordance with Appendix I and III.

b.

Signs shall comply with the regulations in Appendix IV.

c.

To ensure that a high standard of appearance and a sensitive transition to the surrounding land uses are achieved, a Landscape Plan, designed in accordance with Appendix V, for the entire Site shall be provided to the satisfaction of the Development Officer and shall include details of pavement materials, exterior lighting, as well as the sizes and species of Plant materials.

d.

The Row Housing in “Area B” shall have a minimum of three bedrooms within each Dwelling to ensure that they are family-oriented in nature.

e.

Professional, Financial, and Office use class businesses may not exceed 200m2 in the development to ensure diversity in business type.

f.

Live Work Units shall comply with the following regulations:

i.	The Dwelling and work components of the Live Work Unit shall not be legally separated through a subdivision or condominium conversion.
ii.	There shall be internal access between the Dwelling and the work components of the Live Work Unit.
iii.	The Dwelling associated with a Live Work Unit shall not contain a Minor Home Based Business.
iv.	The work component of the Live Work Unit shall be at least 25% of the total floor space of the Dwelling.
v.	Parking shall be provided based upon the parking requirements found in Schedules 1 and 2 of Appendix III, to the satisfaction of the Development Officer.
vi.	The work component of a Live Work Unit shall be limited to the following Uses:
	A.	Personal Service Shops,
	B.	Professional, Financial and Office Support Services; and
	C.	Creation and Production Establishments.

Appendix III Parking and Bicycle Parking Requirements

Schedule 1 – Residential Portion Vehicular Parking Requirement

	Minimum number of Parking Spaces
1 Bedroom Dwelling	1
2 Bedroom Dwelling	1.5
3 or more Bedroom Dwelling	1.7
Visitor Parking	1 per 7 Dwellings

1.	The visitor parking must be readily available to an entrance of the building and be clearly identified as visitor parking.
2.	The Development Officer may accept Tandem Parking spaces of a number that is equivalent to the total required parking minus the total number of Dwellings and minus visitor parking. Visitor parking spaces shall not be designed as Tandem Parking.
3.	A total of 30 parking spaces shall be provided on Site. Parking for the residential component will be provided as per the table in Schedule 1 Appendix III of the DC2.

Schedule 2 – Commercial Portion Vehicular Parking Requirement

1.	Parking for commercial operations shall be located in general accordance with the Site Plan in Appendix I.
2.	There shall be 1 parking space per 40.0 m2 of Floor Area of total business Floor Area.

Schedule 3 – Bicycle Parking Requirements

1.	Bicycle parking shall be in general accordance with the Site Plan.
2.	There shall be 5 bicycle parking spaces for the residential portion of the development.
3.	There shall be 5 bicycle parking spaces for the commercial portion of the development.

Additional Parking Regulations

1.

The parking layout and location shall be in general accordance with the Site Plan as illustrated in Appendix I.

2.

Vehicular Parking Dimensions and Configuration

a.

All required parking spaces shall be clear of any access driveways, aisles, ramps, columns, Signs or other similar obstructions, and shall conform to the following minimum dimensions:

i.	except as provided below, each required off-street parking space shall be a minimum of 2.6 m width with a minimum clear length of 5.5 m exclusive of access drives or aisles, ramps, columns. Parking spaces shall have a vertical clearance of at least 2.0 m. For parallel parking, the length of the parking spaces shall be increased to 7.0 m, except that an end space with an open end shall be a minimum length of 5.5 m.
ii.	expanded parking spaces shall be a minimum of 2.9 m in width and 5.5 m in length, and shall be painted with double line markings;
iii.	for parking spaces other than parallel parking spaces, up to 30% of the required parking spaces may be of a length shorter than that required above, to a minimum of 4.6 m. Such spaces shall be clearly signed as small car spaces, easily located and convenient to use;
iv.	where the use of a parking space is limited on both sides by a wall or a column, the unobstructed width from face to face of the obstructions shall be 3.0 m, and if in this case, a building door opens into the parking space on its long side, the unobstructed width shall be 3.3 m.
v.	where the use of a parking space is limited to one side by a wall or a column, the unobstructed width of the parking space shall be 2.7 m, and if in this case, a building door opens into the parking space on its long side, the unobstructed width shall be 3.0 m.
vi.	aisles shall be a minimum of 7.0 m wide for 90º parking, 5.5 m wide for 60º parking, and 3.6 m wide for 45º parking and parallel parking;
vii.	disabled parking spaces shall be a minimum of 3.7 m in width and 5.5 m in length; and
viii.	where parking spaces are located with access directly off a Lane, the required width of the aisle may be reduced by the width of the Lane, but the entire parking space must be provided on the Site.

Appendix IV – Sign Regulations

1.

There shall be a maximum of one Fascia On-premises or Projecting On-premises sign per individual business premises in “Area A” and one Fascia On-Premise sign per Minor Home Based Business in “Area B”.

2.

No Sign shall be erected, operated, used or maintained that:

a.	due to its position, shape, colour, format or illumination obstructs the view of, or shall be confused with, an official traffic Sign, signal or device, as determined by the Development Officer in consultation with the Transportation Services;
b.	displays lights resembling the flashing lights usually associated with danger or those used by police, fire, ambulance and other emergency vehicles; and
c.	uses spot or reflector lights directed at on-coming traffic or displays travelling or flashing messages that create a hazard to traffic on a public roadway from which the Sign is visible.

3.

The intensity of exposed bulbs on a Sign, shall not exceed 1100 lumens.

4.

For all Sign Applications, the Development Officer shall have regard for the scale and architectural character of the building and the land use characteristics of surrounding development. The Development Officer shall refuse any Sign Application that may adversely impact the amenities or character of the Zone.

5.

The Development Officer shall only approve an application for an On-premises Sign for a business that either:

a.	has a valid development approval to operate on the Site; or
b.	is approved concurrently with a Development Permit for the business use.

6.

The Development Officer may attach conditions to any Sign permit to ensure compliance to the regulations and to mitigate any effect that a Sign may have on surrounding properties. Conditions may include the duration that a permit is valid, the landscaping associated with a Sign, the maximum size of a Sign, the appearance of a Sign, the lighting of a Sign, and require applicants to at any time mitigate safety concerns identified by Transportation Services near traffic conflict points in accordance with Clause 2 of this Schedule.

7.

All Signs shall be located so that all portions of the Sign and its support structure are completely located within the property and no part of the Sign may project beyond the property lines unless otherwise specified.

8.

Photovoltaic cells, solar panels, or solar collectors and ancillary equipment may be part of the Sign structure in order to provide electrical power solely to the Copy Area. Photovoltaic cells, solar panels, or solar collectors and ancillary equipment may extend above the maximum Sign Height to the satisfaction of the Development Officer. It must be demonstrated that the additional Height is required to achieve sufficient solar exposure to provide electrical power to the Sign.

9.

Fascia On-premises Signs shall be subject to the following regulations:

a.	Fascia On-premises Signs shall only face a public roadway other than a Lane;
b.	any Fascia On-premises Sign shall not extend higher than 75 cm above the floor of the second Storey in “Area A”.
c.	any Fascia On-premises Sign, related to an approved Minor Home Based Business in “Area B” shall not have exterior signage, display or advertisement other than a business identification plaque or Sign 10.0 cm x 30.5 cm in size located on the Dwelling;
d.	any Fascia On-premises Sign, related to an approved Minor Home Based Business in “Area B”, shall have the expressed written consent of the building property owner or condominium association to be included as part of the Development Permit application for such a sign.
e.	any Fascia On-Premises Sign that extends over a public right-of-way or passageway intended for pedestrian travel shall maintain a minimum clearance of 2.4 m.
f.	any Fascia On-premises Sign may cover up to 25% of the face of the wall where it is displayed in “Area A”; and
g.	Fascia On-premises Signs may be illuminated in “Area A”. Fascia On-premises Signs shall not be illuminated in “Area B”.

10.

Projecting On-premises Signs shall be subject to the following regulations:

a.	Projecting On-premises Signs shall only face a public roadway other than a Lane;
b.	any Projecting On-premises Sign shall not be less than 2.4 m above Grade;
c.	the top of a Projecting On-premises Sign shall not extend more than 75 cm above the floor of the second Storey;
d.	any Projecting On-premises Sign and its supporting structure may project a maximum of 2.0 m;
e.	the horizontal separation distance between a Projecting On-premises Sign and its support structure and the curb line of a public roadway shall be not less than 0.6 m;
f.	Projecting On-premises Signs shall be erected in such manner than the structural support elements are designed or concealed so as to appear as an integral part of the overall Sign design and such that no angle iron bracing, guide wires or similar support elements are visible from a public roadway or other public right-of-way; and
g.	Projecting On-premises Signs may be illuminated.

Appendix V – Landscaping Regulations

1.

Landscape Plan and Content

a.

The application for development shall include a Landscape Plan, drawn at a scale of 1:300 or larger, which clearly indicates and accurately identifies the following:

i.	a key Plan with a north arrow;
ii.	The property lines and dimensions of the Site;
iii.	the approximate or estimated location of land uses, building perimeters, and Landscaping on adjacent Sites;
iv.	adjacent public area features, such as streets, Lanes, driveways, vehicular entrances, street furniture and boulevard trees;
v.	Overhead, surface, and underground utilities, and limits of easements;
vi.	outlines of all Site structures to include the building footprints at grade, location and type of underground structures and overhangs within the first two Storeys;
vii.	building entrances, porches, decks, steps, walkways, other hardsurfacing or hard landscaping features, parking areas, curbs, lighting, fencing, walls, screens, recreational facilities, and garbage collection areas. Materials, colours and patterns shall be clearly indicated;
viii.	the Height and materials of all fencing, screens and walls;
ix.	existing trees and shrubs labelled by common name, botanical name, size and condition of health. The sizes shall be graphically illustrated by the spread or canopy. In addition, the Calliper of tree trunks shall be identified. The Landscape Plan shall graphically illustrate the spread of the trees to be removed or relocated by the proposed construction;
x.	proposed trees, shrubs, flower beds and ground covers labelled by common name, cross-referenced with a Plant list identifying botanical name, quality, size and method of Planting; and
xi.	the method of watering the proposed Landscaping.

2.

General Requirements

a.	All open space including Front Yards, Rear Yards, Setback areas and Separation Spaces shall be landscaped with trees, shrubs, flower beds, grass, ground cover or suitable decorative hardsurfacing, in accordance with the Landscape Plan submitted pursuant to Section 1 of this Appendix and approved by the Development Officer. This requirement shall not apply to those areas designated for parking and circulation, which shall be landscaped in accordance with Section 5 of this Appendix.
b.	Hardsurfaced areas such as walkways and plazas shall be enhanced with Landscaping, at the discretion of the Development Officer. Provision shall be made for adequate on-Site pedestrian circulation, by means of sidewalks or walkways, to connect with public sidewalks and walkways adjacent to roadways or within right-of-ways abutting the Site.
c.	The parking lot shall have perimeter Planning. The location, length, thickness and Height of such perimeter Planting at maturity shall, be sufficient to provide substantial interruption of the view of the parking area from any adjoining Residential or Commercial Zone, and enhance the view of the parking area from any adjacent public roadway.
d.	Any trash collection area, open storage area, or outdoor service area, including any loading, unloading or vehicular service area that is visible from an adjoining Site in a Residential or Commercial Zone, or from a public roadway other than a Lane, shall have screen Planting. The location, length, thickness and Height of such screen Planting at maturity shall be sufficient to block the view from any adjoining Residential or Commercial Zone, or from the public. Such screen Planting shall be maintained to provide effective screening from the ground to a Height of 1.85 m. If, in the opinion of the Development Officer, screen Planting cannot reasonably be expected to survive, masonry walls, wood fencing or other man-made features may be permitted as a substitution.
e.	If the Height of materials in an outdoor storage area would limit the effectiveness of screen Planting required by clause 2(d) of this Appendix a fence, wall, or a combination thereof, may be substituted, subject to the approval of the Development Officer.
f.	The number of trees and shrubs provided shall be determined on the basis of the following:
g.	one tree for each 25 m2 and one shrub for each 15 m2 of Setback at grade; and
h.	Existing vegetation shall be preserved and protected unless removal is demonstrated, to the satisfaction of the Development Officer, to be necessary or desirable to efficiently accommodate the proposed development. Trees and shrubs preserved on the Site may, at the discretion of the Development Officer, be credited to the total landscaping requirements.
i.	All Planting shall be installed to the finished Grade. Where this is not practical in the opinion of the Development Officer, Planters may be used. Such Planters shall be of adequate design, having sufficient soil capacity and insulation to promote healthy growth.
j.	Landscaping that extends onto or over City-owned lands shall be developed in accordance with the Traffic Bylaw 5590 (or, if repealed, the replacement Traffic Bylaw) and the City Design & Construction Standards.
k.	The Development Officer may, where the Development Officer considers it appropriate, vary any or all of the General Landscaping regulations of this Provision. Before granting a variance of the landscaping regulations, the Development Officer may require the applicant seeking the reduction of the minimum landscaping standards of this Provision to submit a report from a qualified landscape professional, such as a horticulturist, or landscape architect, explaining and justifying the reduction.

3.

Letters of Credit

a.

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.

b.

The projected cost of the Landscaping shall be calculated by the owner or the owner's representative and shall be based on the information provided on the Landscape Plan. If, in the opinion of the Development Officer, these projected costs are inadequate, the Development Officer may establish a higher Landscaping cost figure for the purposes of determining the value of the Landscaping security.

c.

If cash is offered as the Landscaping security, it shall be held, by the City, without interest payable, until, by confirmation through inspection by the Development Officer, the Landscaping has been installed and successfully maintained for two growing seasons. Partial refund after installation of the Landscaping or after one growing season shall be considered upon request of the owner, at the sole discretion of the Development Officer.

d.

If a Letter of Credit is offered as the Landscaping security, it shall be in a form satisfactory to the Development Officer. The initial term of the Letter of Credit shall be one year. The Letter of Credit shall be renewed by the owner 30 days prior to expiry and delivered to the Development Officer until such time as the Landscaping has been installed and maintained for two growing seasons.

e.

Upon application by the owner or the owner's representative, a Letter of Credit may be amended to a reduced amount, for attachment to the original Letter of Credit, at the discretion of the Development Officer, when any of the following events occur:

f.

the required Landscaping has been properly installed; and

g.

the required Landscaping has been well maintained and is in a healthy condition after one growing season.

h.

Upon application by the owner or the owner's representative, a Letter of Credit shall be fully released if the required Landscaping has been well maintained and is in a healthy condition after two growing seasons.

i.

Any Letter of Credit shall allow for partial draws by the City if the Landscaping is not completed in accordance with the approved Landscape Plan(s) within one growing season after completion of the development; or the Landscaping is not well maintained and in a healthy condition two growing seasons after completion of the Landscaping. The City may draw on a cash security or a Letter of Credit and the amount thereof shall be paid to the City for its use absolutely. All expenses incurred by the City, to renew or draw upon any Letter of Credit, shall be reimbursed by the owner to the City by payment of invoice or from the proceeds of the Letter of Credit.

j.

In the event the owner does not complete the required Landscaping, or fails to maintain the Landscaping in a healthy condition for the specified periods of time, and the cash or the proceeds from the Letter of Credit are insufficient for the City to complete the required work, should it elect to do so, then the owner shall pay such deficiency to the City immediately upon being invoiced. The City shall provide an accounting to the owner indicating how the proceeds of the Letter of Credit were applied, within 60 days of completing or maintaining the landscaping.

4.

Inspections

a.

Upon receipt of a written request from the parties involved in the development, including but not limited to the property owner, condominium association or the issuer of the Letter of Credit, an inspection of the finished Landscaping shall be completed by the Development Officer. Inspections shall be made during the normal growing season, between May 01 and September 30. All reasonable effort shall be made by the Development Officer to perform the inspection within 20 working days of receipt of the inspection request.

5.

Specifications for Plant Materials

a.

All Plant materials shall be hardy to the Edmonton area and to the actual Site conditions. The most current edition of the "Alberta Horticultural Guide" shall be used as a reference by the Development Officer.

b.

All Plant materials shall meet the horticultural standards of the most current edition of the "Guide Specifications for Nursery Stock", produced by the Canadian Nursery Trade Association.

c.

All Planting shall conform to the following:

i.

the proportion of deciduous to coniferous trees and shrubs shall be approximately 50:50; and

ii.

the following mix of tree sizes shall be used:

1.	50% of required deciduous trees shall be a minimum 50 mm Calliper and 50% shall be a minimum 75 mm Calliper; and
2.	75% of required coniferous trees shall be a minimum of 2.5 m in Height and 25% shall be a minimum 3.5 m in Height.

d.

The regulations regarding the required Specifications for Plant Materials of this Provision may be waived by the Development Officer at the request of a qualified landscape professional, such as a horticulturist or landscape architect, acting on behalf of the property owner.

6.

Pursuant to Section 55 of the Edmonton Zoning Bylaw and Development Criteria stated in this Bylaw, a Landscape Plan for the development prepared by a registered Landscape Architect shall be provided prior to approval of any Development Permit

West Jasper Place - north of 95 Avenue and west of 153 Street NW