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THIRD,
Moved by Councillor Carra, Seconded by Councillor Chabot, that Bylaw 158D2015,
Being a Bylaw of The City of Calgary to Amend the Land Use Bylaw 1P2007 (Land
Use Amendment LOC2014-0054), be read a third time, as amended, in Schedule
B, by deleting the text in its entirety and by substituting with the following:
“DIRECT CONTROL DISTRICT
Purpose
1 This
Direct Control District is intended to be characterized by:
(a) a
primarily residential and commercial development to meet the
needs of the workers, visitors and local and regional users, and in
recognition of the site as a destination for retail uses where
flexible and creative development encourages an exciting and
energetic environment;
(b) a
mix of residential, commercial, Office and cultural uses;
(c) intensive
development where intensity is measured by floor area
ratio; and
(d) a building
form that is street oriented at grade.
Compliance with Bylaw
1P2007
2 Unless otherwise specified, the rules and
provisions of Parts 1, 2, 3 and 4 of Bylaw 1P2007 apply to this Direct
Control District.
Reference
to Bylaw 1P2007
3 Within this Direct Control District, a
reference to a section of Bylaw 1P2007 is deemed to be a reference to the
section as amended from time to time.
General
Definitions
4 In this
Direct Control District,
(a) “commercial
uses” means all of the discretionary uses in this
Direct Control District other than:
(i)
residential uses;
(ii)
Child Care Service;
(iii)
Community Entrance Feature;
(iv)
Community Recreation Facility;
(v)
Home Occupation – Class 2;
(vi)
Indoor Recreation Facility;
(vii)
Library;
(viii)
Office;
(ix)
Parking Lot – Grade;
(x)
Parking Lot – Grade (temporary);
(xi)
Performing Arts Centre;
(xii)
Power Generation Facility – Small;
(xiii)
Residential Care;
(xiv)
School Authority Purpose – School;
(xv)
School Authority Purpose – Major;
(xvi)
School Authority – Minor;
(xvii)
Service Organization;
(xviii)
Sign – Class C;
(xix)
Sign – Class E;
(xx)
Special Function – Class 2;
(xxi)
Temporary Marketing Centre; and
(xxii)
Utility Building.
(b) “Eau
Claire Plaza” means:
(i)
Those lands described as Plan 8110407;
Block 1; Lot 6
(c)
"podium"
means that portion of a building located
below:
(i)
30.0 metres above grade for
Site 1; or
(ii)
20.0 metres above grade for
Site 2.
(d)
"residential uses"
means one or more of the following uses:
(i)
Assisted Living;
(ii)
Dwelling Unit;
(iii)
Hotel;
(iv)
Live Work Unit;
(v)
Multi-Residential Development;
and
(vi)
Townhouse.
(e)
"tower"
means that portion of a building above
the podium.
Defined Uses
5
In this Direct Control District,
(a) “Temporary
Marketing Centre” means a use:
(i)
where units are offered for
sale to the public;
(ii) that may include sales offices and displays of materials
used in the construction of the units that are offered for
sale;
(iii) that must occur in a unit, which may be
temporarily modified to accommodate the use, or in a temporary building;
and
(iv) must not operate for longer than 4 years.
Sites 1
and 2
Application
6 The provisions in sections 7 through 19
apply only to Sites 1 and 2.
Permitted Uses
7 The
following uses are permitted uses in this Direct Control
District:
(a) Accessory
Residential Building;
(b) Park;
(c) Protective and
Emergency Service; and
(d) Sign – Class D.
Discretionary Uses
8 The
following uses are discretionary uses in this
Direct Control District:
(a) Accessory Food Service;
(b) Accessory Liquor Service;
(c) Artist’s Studio;
(d) Assisted Living;
(e) Auction Market –
Other Goods;
(f) Catering
Service –Minor;
(g) Child
Care Service;
(h) Community
Entrance Feature;
(i) Community Recreation
Facility;
(j) Computer Games Facility;
(k) Convenience Food Store;
(l) Cultural Support;
(m) Dinner Theatre;
(n) Drinking Establishment –
Medium;
(o) Drinking Establishment –
Small;
(p) Dwelling Unit;
(q) Financial Institution;
(r) Fitness Centre;
(s) Food Kiosk;
(t) Health Services Laboratory
– With Clients;
(u) Home
Occupation – Class 2;
(v) Hotel;
(w) Indoor Recreation Facility;
(x) Instructional Facility;
(y) Library;
(z) Liquor Store;
(aa) Live Work Unit;
(bb) Market;
(cc) Market – Minor;
(dd) Medical Clinic;
(ee) Multi-Residential Development;
(ff) Museum;
(gg) Outdoor Café;
(hh) Outdoor Recreation Area;
(ii) Parking Lot – Grade;
(jj) Parking Lot - Grade (Temporary);
(kk) Performing Arts Centre;
(ll) Pet Care Service;
(mm) Place of Worship – Small;
(nn) Post-secondary Learning Institution;
(oo) Power Generation Facility – Small;
(pp) Print Centre;
(qq) Radio and Television Studio;
(rr) Residential Care;
(ss) Restaurant: Food Service Only – Large;
(tt) Restaurant: Food Service Only – Medium;
(uu) Restaurant: Food Service Only – Small;
(vv) Restaurant: Licensed – Large;
(ww) Restaurant: Licensed – Medium;
(xx) Restaurant: Licensed – Small;
(yy) Retail and Consumer Service;
(zz) School – Private;
(aaa) School Authority – School;
(bbb) School Authority Purpose – Major;
(ccc) School Authority Purpose – Minor;
(ddd) Service Organization;
(eee) Sign – Class C;
(fff) Sign – Class E;
(ggg) Special Function – Class 2;
(hhh) Specialty Food Store;
(iii) Supermarket;
(jjj) Take Out Food Service;
(kkk) Temporary Marketing Centre;
(lll) Townhouse;
(mmm) Utility Building; and
(nnn) Veterinary Clinic.
Bylaw
1P2007 District Rules
9 Unless
otherwise specified, the General Rules for the Commercial Residential Districts
in Part 13 Division 1 of Bylaw 1P2007 apply in this Direct Control
District.
Sunlight
Protection Areas
10 (1) The following sunlight
protection areas should not be placed in greater shadow by a development
as measured on September 21, at the times and locations indicated for
each area, than were already in shadow as the result of an existing or
approved development:
(a)
Riverbank (not including the Riverbank Promenade and
between 3 and 7 Streets SW): an area 20.0 metres wide abutting the southern top
of bank of the Bow River, from 10:00 a.m. to 4:00
p.m., MDT;
(b)
Riverbank Promenade (between 3 Street SW and Centre
Street): an area 9.0 metres wide abutting the southern top
of bank of the Bow River, from 10:00 a.m. to 4:00
p.m.,
MDT;
(c)
Barclay (3 St SW) Mall: the westerly 8.0 metres of the
right-of-way and setback area of the Barclay Mall, from 12:30
p.m. to 1:30 p.m., MDT; and
(d)
Barclay (3 St SW) Mall: the easterly 8.0 metres of the
right-of-way and setback area of the Barclay Mall, from 1:30
p.m. to 2:30 p.m., MDT.
(2) The Eau
Claire Plaza (the "Plaza") should not be placed in greater
shadow by a development as measured on September 21, at the
times indicated, than were already in shadow as the result of an existing or
approved development excepting:
(a)
south of a line drawn parallel to and 52 metres
northward from the south boundary of the Plaza and east of a line drawn
parallel to and 14 metres westward from the east boundary of the Plaza, from
10:00 a.m. to 12:30 p.m., MDT;
(b)
south of a line drawn parallel to and 34 metres
northward from the south boundary of the Plaza from 12:30 p.m. to 2:30 p.m.,
MDT; and
(c)
south of a line drawn parallel to and 34 metres
northward from the south boundary of the Plaza and east of a line drawn
parallel to and 15 metres westward from the east boundary of the Plaza, at
2:30 p.m. to 4:00 p.m. MDT.
Location of Uses within Buildings
11 Office uses must
not be located on the ground floor of a building.
Use
Area
12 (1) Unless otherwise
referenced in this section, the maximum use area for uses
located on the ground floor of a building is 1200.0
square metres.
(2) The maximum
use
area of
a Financial
Institution when
located on the ground floor of a building is 465.0 square
metres of public
area.
(3) The maximum use area of a Hotel when located on the
ground floor of a building is 2000.0 square metres.
(4) For Retail and Consumer
Service, Supermarket, or a Supermarket combined with any other use, there may be one
such maximum use
area of
3600.0 square metres and one such maximum use area of 2400.0 square
metres on the ground floor of a building.
Required
Motor Vehicle Parking Stalls
13 (1) For Dwelling
Units or Live Work Units:
(a)
the minimum motor vehicle parking stall requirement
is 0.5 stalls per unit;
(b)
the maximum number of motor vehicle parking
stalls that may be
provided
is:
(iv)
1.0 stalls per unit where the unit’s
gross floor area is less than
or
equal to 125.0 square metres; and
(v)
2.0 stalls per unit where the unit’s
gross floor area is greater
than
125.0 square metres; and
(c)
the visitor parking stall requirement is
0.1 stalls per unit.
(2) For a Hotel,
the minimum number of required motor vehicle parking stalls is
1.0 per 3.0 guest rooms.
(3) The following uses
require a parking study to determine the required minimum number of motor
vehicle parking stalls:
(a) Indoor
Recreation Facility;
(b) Library;
(c) Museum;
(d) Performing
Arts Centre; and
(e) Post-secondary
Learning Institution.
(4) For Office, the
minimum number of required motor vehicle parking stalls is 0.7
per 100.0 square metres of gross useable floor area, which must
be provided:
(a) 50
per cent as stalls; and
(b) 50
per cent as a cash-in-lieu payment;
(c) Payments
made under subsection (b) must be in accordance with Council’s policy
and calculated at the rate per motor vehicle parking stall established
by Council at the time the payment is made.
(5) Temporary
Marketing Centre does
not require motor vehicle parking stalls.
(6) For all other uses,
the minimum required motor vehicle parking stalls is
the requirement referenced in Part 4 of Bylaw 1P2007.
(7) Payments made under
subsection (4)(b) must be in accordance with Council’s policy
and calculated at the rate per motor vehicle parking stall established
by Council with respect to Part 13 of Bylaw 1P2007, at the time
the payment is made.
Short Stay Parking Stalls
14
(1) A
maximum of 24.0 additional motor vehicle parking stalls may be
provided as parking area – short stay stalls where such stalls
are:
(a)
located in a portion of the development approved
for use as a parking area – short stay;
(b)
included in a parking area which is operated as part of
a scramble
parking
arrangement
that is open to the public; and
(c)
prominently signed at the street level
indicating the availability and
conditions
of use of such stalls.
(2) Additional motor
vehicle parking stalls as provided in subsection (1) are not subject
to the cash-in-lieu provisions of Section 13.
Use of Parking Areas
15 (1) All uses may
share an entrance to areas of a parking structure.
(2) Motor
vehicle parking stalls and bicycle parking stalls required for uses
on Site 1 and Site 2 may be shared and located on any one Site or
both Sites, but those stalls required for residential uses (except
Hotel) must be physically separated from stalls for other uses.
Required Bicycle
Parking Stalls
16
(1) Unless
otherwise referenced in this section or in subsection 13(3), the minimum
number of required bicycle parking stalls – class 1 and class 2 is the requirement
referenced in Part 4 of Bylaw 1P2007.
(2) For an Office, the minimum
number of required:
(a)
bicycle parking stalls - class 1 is
2.0 per 1000.0 square metres of
gross
usable floor area; and
(b)
bicycle parking stalls - class 2 is
2.0 per 1000.0 square metres of
gross
usable floor area.
(3) For a Dwelling Unit or Live Work Unit, the minimum
number of bicycle
parking stalls –
class 1 is
0.5 per unit
for
developments
with
greater than 20.0 units.
(4) Temporary
Marketing Centre does
not require bicycle
parking stalls –class 1 or class 2.
(5) The following uses
require a parking study to determine the required minimum number of bicycle
parking stalls – class 1 and bicycle parking stalls – class 2:
(a) Indoor
Recreation Facility;
(b) Library;
(c) Museum;
(d) Performing
Arts Centre; and
(e) Post-secondary
Learning Institution.
(6) Where bicycle parking
stalls – class 1 are required for an Office in a proposed building, the following
amenities must be provided:
(a) lockers
at a ratio of 1.0 per 4.0 bicycle parking stalls – class 1; and
(b) where
a minimum of 25.0 bicycle parking stalls – class 1 are required:
(i) private
change rooms at a minimum of 0.4 square metres per required bicycle parking
stalls – class 1 or 20.0 square metres, whichever is greater;
(ii) showers
at a minimum of 0.4 square metres per required parking stalls –
class 1 or
20.0 square metres, whichever is greater; and
(vi)
an unobstructed area for bicycle maintenance which
must:
(A) be
a minimum of 6.0 square metres; and
(B) have no
dimension less than 2.0 metres.
Location of Bicycle Parking Stalls
17 Bicycle parking
stalls – class 1 must be located at grade or within the first
parking level directly below grade.
Roof
18 The roof of any podium must be a landscaped area and roof-top
equipment must be screened.
Relaxation Powers
19 (1) Except as otherwise stated in
subsections (2) and (3), the Development Authority may relax any of
the rules within this Direct Control District, including without limitation
the rule in section 32, where the relaxation test in Bylaw 1P2007 is met.
(2) The Development
Authority may relax sections 23(2), 25, 28, 29, 31, 34(2), 35 and 39
of this Direct Control District only where both the test for relaxation in
Bylaw 1P2007 is met and where the relaxation is required as the result of
integration of a development into the Green Line.
(3) The Development
Authority must not relax subsections 23(4) and 23(6).
Site 1 (±1.46 hectares)
Application
20 The provisions in
sections 21 through 32 apply only to Site 1.
Additional Discretionary Uses
21 The following uses are additional discretionary uses in this Direct
Control District:
(a) Cinema; and
(b) Office.
Parking Lot-Grade
(Temporary)
22 Development
permits
for Parking Lot – Grade (Temporary) must not be approved with an
expiry date later than 10 years after a development completion permit
has been issued for the podium of the first phase of Site 1.
Floor Area Ratio
23 (1) The cumulative
total maximum floor
area ratio is
10.0.
(2) The minimum floor area ratio is 4.0 for residential uses.
(3) The minimum floor area ratio is 0.9 for commercial uses.
(4) Subject to
subsection (5), the maximum floor area ratio is 1.9 for Office use.
(5) The maximum floor area ratio for Office use may be increased
from the
maximum floor area ratio listed in
subsection (4), in accordance with the bonus incentive provisions contained
in section 24.
(6) The cumulative floor area ratio for residential uses must be greater
than the cumulative floor area ratio for Office use.
Incentive Density Calculation Method
24 (1) The floor area ratio in subsection 23(4)
may be increased by up to an additional 2.2 through a financial contribution
to Eau
Claire Plaza Improvement Fund.
(2) The amount of
additional gross
floor area achieved
by providing the financial contribution to the Eau Claire
Improvement Fund set out in subsection (1) is calculated by dividing the
cost of the contribution amount to the Eau Claire Plaza Revitalization Fund by the Incentive
Rate 1 of Part 13 Division 3 of Bylaw 1P2007 as
established by Council, and amended from time to time.
(3) For purposes of
this section, "Eau
Claire Improvement Fund" means a
dedicated civic
fund to provide off-site improvements to the Eau Claire Plaza.
Maximum Height
25 The maximum building height is 127.0 metres
from grade.
Location of Uses within Buildings
26 Office uses may only be located
in a building
located
at the northwest corner of
2 Avenue and 2
Street SW.
Building Setbacks
27 There are no
minimum building
setbacks.
Tower Separation
28 The minimum
separation distance between towers is 18.0 metres.
Floor Plate Restrictions
29 (1) Each floor of a tower containing Assisted Living, Dwelling
Units, Hotel suites,
or Live
Work Units,
has a maximum:
(a) floor plate area of 1600.0 square
metres; and
(b) horizontal
dimension of 85.0 metres.
(2) Each floor of a tower containing
primarily Offices
has
a maximum:
(a) floor plate area of 3000.0 square
metres; and
(b) horizontal
dimension of 85.0 metres.
Riverfront Avenue Requirement
30 A vehicular
connection extending Riverfront Avenue SW between 2 Street SW and 3 Street SW
with sidewalks along its full length on both the north and south sides must
be completed as part of the first phase of the Site 1 development permit application.
Phasing
31 No development
completion permit for Office use may be issued until
a development completion permit for the minimum floor area ratio of 4.0 for residential uses has been issued for
Site 1.
Development Permit Requirements
32 (1) A development permit application must
conform to the form and renderings plans attached to this Bylaw as Schedule
C. For
greater certainty, a development permit application must
include the drawings attached as Schedule C.
(2) This
section remains in effect until the date a development completion
permit is issued for the entirety of the development contained
in Schedule C.
Site 2 (±1.41 hectares)
Application
33 The provisions in
sections 34 through 39 apply only to Site 2.
Floor Area Ratio
34 (1) The cumulative
maximum floor
area ratio is
4.0.
(2) The minimum floor area ratio is 2.0 for residential uses.
(3) The cumulative floor area ratio for residential uses must be greater
than the cumulative floor area ratio for all other uses.
Maximum Height
35 The maximum building height is 70 metres from grade.
Location of Uses within Buildings
36 (1) Restaurant:
Licensed – Large must
not front the northernmost boundary of Site 2.
(2) Only residential uses (not including Hotel) may be located in
a tower.
Building Setbacks
37 The minimum building setbacks are:
(a) 0.0
metres from a property
line shared
with a street;
(b) 11.0
metres from the west property line shared with the Eau Claire Plaza;
and
(c) 20.0
metres from the north property line.
Tower Separation
38 The minimum
separation distance between towers is 18.0 metres.
Floor Plate Restrictions
39 Each floor of a tower containing Assisted Living, Dwelling
Units, Hotel suites,
or Live
Work Units, has
a maximum:
(a) floor plate area of 1600.0 square
metres; and
(b) horizontal
dimension of 85.0 metres.
Site 3 (±0.083 hectares)
Application
40 The provisions in
sections 41 through 43 apply only to Site 3.
Permitted Uses
41 The permitted uses of the Special
Purpose - Community Service (S-CS) District of Bylaw 1P2007 are the permitted uses in this Direct
Control District with the addition of:
(b)
Child Care Service, where located within
existing approved buildings.
Discretionary Uses
42 The discretionary uses of the Special
Purpose - Community Service (S-CS) District of Bylaw 1P2007 are the discretionary uses in this Direct
Control District with the addition of:
(a) Fitness Centre;
(b) Restaurant: Licensed –
Large;
(c) Restaurant: Licensed –
Small;
and
(d) Retail and Consumer
Service.
Development Guidelines
43 Unless otherwise specified, the rules of
the Special Purpose - Community Service (S-CS) District of
Bylaw 1P2007 apply in this Direct Control District.”
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