PART 12: CENTRE CITY EAST VILLAGE DISTRICTS

26P2010, 13P2017

Division 2: Centre City East Village Transition District (CC-ET)

Purpose

1243    The Centre City East Village Transition District is intended to provide for:

(a)        an important transition between the higher density commercial and Office uses of the downtown core and the more residential character of East Village;

(b)       a mix of uses within the transition zone between Downtown and East Village;

 

(c)       development of higher density and larger building massing than the rest of the East Village Districts;

 

(d)       a greater variety of Office, discretionary commercial, institutional and residential uses; and

 

(e)       a building form that is street oriented at grade.

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Permitted Uses

1244    (1)              The following uses are permitted uses in the Centre City East Village Transition District:

(a)        Accessory Residential Building;

(b)        Home Based Child Care – Class 1;

(c)        Home Occupation – Class 1;

(d)        Park;

(e)        Protective and Emergency Service;

(f)         Sign – Class A; and

(g)        Utilities.

(2)             The following uses are permitted uses in the Centre City East Village Transition District if they are located within existing approved buildings:

(a)        Accessory Food Service;

(b)        Accessory Liquor Service;

(c)        Catering Service – Minor;

(d)        Convenience Food Store;

(e)        Financial Institution;

(f)         Fitness Centre;

(g)        Information and Service Provider;

(h)        Instructional Facility;

(i)         Museum;

(j)         Pet Care Service;

(k)        Power Generation Facility – Small;

(l)         Print Centre;

(m)      Radio and Television Studio;

(n)        Restaurant: Food Service Only – Small;

(o)        Retail and Consumer Service;

(p)        Specialty Food Store; and

(q)        Take Out Food Service.

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Discretionary Uses

1245    (1)              The following uses are discretionary uses in the Centre City East Village Transition District only if they were legally existing or approved prior to the effective date of this Bylaw:

(a)        Parking Lot – Grade.

(2)              Uses listed in subsection 1244(2) are discretionary uses if they are located in proposed buildings or proposed additions to existing buildings in the Centre City East Village Transition District.

(3)              The following uses are discretionary uses in the Centre City East Village Transition District:

(a)        Amusement Arcade

(b)        Artist’s Studio;

(c)        Assisted Living;

(d)        Billiard Parlour;

(e)        Brewery, Winery and Distillery;

(f)         Child Care Service;

(g)        Cinema;

(h)        Community Entrance Feature;

(i)         Community Recreation Facility;

(j)         Computer Games Facility;

(k)        Conference and Event Facility;

(l)         Counselling Service;

(m)       Drinking Establishment – Large;

(n)        Drinking Establishment – Medium

(o)        Drinking Establishment – Small;

(p)        Dwelling Unit;

(q)        Food Kiosk;

(q.1)     Food Production;

(r)         General Industrial – Light;

(s)        Health Services Laboratory – With Clients;

(t)         Home Occupation – Class 2;

(u)        Hotel;

(v)        Indoor Recreation Facility;

(w)       Library;

(x)        Liquor Store;

(y)        Live Work Unit;

(z)        Market;

(aa)      Market – Minor;

(bb)      Medical Clinic;

(cc)      Medical Marihuana Counselling;

(dd)       Office;

(ee)       Outdoor Café;

(ff)         Parking Lot – Grade (temporary);

(gg)       Parking Lot – Structure;

(hh)       Performing Arts Centre;

(ii)          Place of Worship – Small;

(jj)          Post-secondary Learning Institution;

(kk)        Residential Care;

(ll)          Restaurant: Food Service Only – Large;

(mm)     Restaurant: Food Service Only – Medium;

(nn)        Restaurant: Licensed – Large;

(oo)        Restaurant: Licensed – Medium;

(pp)        Restaurant: Licensed – Small;

(qq)       School – Private;

(rr)        School Authority – School;

(ss)       Seasonal Sales Area;

(tt)         Service Organization;

(uu)       Sign – Class B;

(vv)        Sign – Class C;

(ww)      Sign – Class D;

(xx)        Sign – Class E;

(yy)        Social Organization;

(zz)        Special Function – Class 2;

(aaa)      Supermarket;

(bbb)      Utility Building; and

(ccc)      Veterinary Clinic.

49P2017

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Rules

1246    In addition to the rules in this District, all uses in this District must comply with:

(a)       the General Rules for Centre City East Village Districts referenced in Part 12, Division 1;

(b)        the Rules Governing All Districts referenced in Part 3; and

(c)        the applicable Uses And Use Rules referenced in Part 4.

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Density

1247    (1)              The maximum floor area ratio is 7.0.

(2)              In this section, for the purpose of calculating floor area ratio:

(a)       the gross floor area for the following uses must be excluded from the calculation to a maximum cumulative floor area ratio of 1.0:

(i)        Child Care Service;

(ii)       Community Recreation Facility;

(iii)       Conference and Event Facility;

(iv)       Indoor Recreation Facility;  

(v)        Library;

(vi)       Museum;

(vii)       Performing Arts Centre;

(viii)      Place of Worship – Small;

(ix)       Protective and Emergency Service;

(x)        School – Private;

(xi)       School Authority – School;

(xii)       Service Organization;

(xiii)      Social Organization; and

(xiv)       Utilities; and

(b)        the following must be excluded from the calculation of floor area ratio:

(i)        the total gross floor area of a Post-secondary Learning Institution, to a maximum of 3.0 floor area ratio; and

(ii)        the tota gross floor area transferred from a designated Municipal Historic Resource pursuant to the Historical Resources Act to a maximum of 3.0 floor area ratio.

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Use Area

1248    (1)              Unless otherwise referenced in subsections (2), (3), (4) and (5), the maximum use area for uses on the ground floor of a  building  is 1200.0 square metres.

(2)             The maximum use area for uses on the ground floor is 465.0 square metres for the following uses:

(a)        Drinking Establishment – Large;

 

(b)        Restaurant: Food Service Only – Large; and

 

(c)        Restaurant: Licensed – Large.

(3)              The maximum use area for uses on the ground floor of a building is 200.0 square metres for the following uses:

(a)        Health Services Laboratory – With Clients; and

(b)        Medical Clinic.

(4)              There is no maximum use area requirement for the following uses:

(a)        Supermarket; and

(b)        Retail and Consumer Service.

(5)              There is no maximum use area for uses located within buildings designated as a Municipal Historic Resource pursuant to the Historical Resources Act.

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Motor Vehicle Parking Stalls

1249    (1)              The following uses do not require motor vehicle parking stalls:

(a)        Cinema;

(b)        Drinking Establishment – Large;

(c)        Drinking Establishment – Medium;

(d)        Drinking Establishment – Small;

(e)        Restaurant: Food Service Only – Large;

(f)         Restaurant: Food Service Only – Medium;

(g)        Restaurant: Food Service Only – Small;

(h)        Restaurant: Licensed – Large;

(i)         Restaurant: Licensed – Medium;

(j)         Restaurant: Licensed – Small;

(k)        Restaurant: Neighbourhood; and

(l)         Performing Art Centre.

(2)              The minimum number of required motor vehicle parking stalls for Office is 1.0 stall per 150.0 square metres of gross usable floor area.

(3)              For Dwelling Units or Live Work Units:

(a)        the minimum motor vehicle parking stall requirement is 0.5 stalls per unit;

(b)        the maximum motor vehicle parking stall that may be provided is 1.0 stalls per unit; and

(c)        the visitor parking stall requirement is 0.1 stall per unit.

(4)             For all other uses is the requirement referenced in Part 4

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Restricted Parking Area

1250 (1)                 The required motor vehicle parking stalls for developments located within the Restricted Parking Area, as identified on Map 13, is:

(a)        50.0 per cent of the required stalls referenced in  Section 1249; or

(b)        the motor vehicle parking stall requirement referenced in  Section 1249 where:

(i)         the development has a floor area ratio less than or equal to 3.0 when located on a parcel equal to or less than 1812.0 square metres;

(ii)        the stalls are required for Assisted Living units, Dwelling Units, Hotel guest rooms or Live Work Units, including visitor parking stalls; or

(iii)       a development has been approved for a cumulative 9300.0 square metres or greater of gross usable floor area for uses contained in the Sales Group of Schedule A to this Bylaw.

(2)              A cash-in-lieu payment for the difference between the total number of motor vehicle parking stalls required in  Section 1249 and the number of stalls allowed for in subsection (1)(a) must be provided. 

(3)             Payments made under subsection (2) 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.

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Short Stay Parking Stalls

1251    (1)             The number of motor vehicle parking stalls allowed for in Section 1249 or 1250, whichever applies, may be increased to provide parking area – short stay stalls under one of the following options when the parcel is located in an area identified in Map 14:

(a)        up to a total of 10.0 additional motor vehicle parking stalls where such stalls are:

(i)         located in a portion of the development approved for use as a parking area – short stay;

(ii)        included in a parking area which is operated as part of a scramble parking arrangement that is open to the public; and

(iii)       prominently signed at the street level indicating the availability and conditions of use of such stalls; or

(b)        more than 10.0 additional motor vehicle parking stalls, to a maximum of 25.0 per cent of the number of stalls required in section 1249 or 125.0 stalls, whichever is less, where such stalls are:

(i)         located in a portion of the development approved for use as a parking area – short stay;

(ii)        identified through appropriate signage, as parking area – short stay stalls;

(iii)       prominently signed at the street level indicating the availability and conditions of use of such stalls; and

(iv)       adjacent to a road network that the Development Authority has determined is capable of handling the added vehicle movements associated with the additional stalls.

(2)              When approving a development permit incorporating parking area – short stay stalls provided for in subsection (1)(b), the Development Authority must impose conditions, including, but not limited to, requiring the applicant to enter into a Special Development Agreement with The City which must include provision for:

(a)              the mechanism by which the development will be managed to ensure the operation of stalls as parking area – short stay stalls available to the public, at minimum, from 7.00 a.m. until 11:00 p.m. Mountain Standard Time seven days a week; and

(b)       an operating arrangement with the Calgary Parking Authority for the purpose of ensuring unrestricted public access to the stalls and establishing a mechanism to monitor and enforce the operation of the stalls as parking area – short stay.

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Parking Stall Transfer from Municipal Historic Resource Sites

1252    (1)              A transferring parcel within the Restricted Parking Area as identified in Map 13 may transfer to a receiving parcel in the Restricted Parking Area motor vehicle parking stalls which have not already been provided on the transferring parcel, where:

(a)        the transferring parcel is designated as a Municipal Historic Resource pursuant to the Historical Resources Act by a Bylaw approved by Council;

(b)        the additional stalls being transferred do not exceed 20.0 per cent of the number of stalls the development is allowed on the receiving parcel in Section 1249; and

(c)        the additional stalls provided on the receiving parcel are adjacent to a road network that the Development Authority has determined is capable of handling the added vehicle movements associated with the additional stalls.

(2)              A maximum of 100.0 per cent of the potential motor vehicle parking stalls available on the transferring parcel, as determined in Section 1252(4), may be transferred to a receiving parcel.

(3)              Motor vehicle parking stalls transferred to a receiving parcel under this section must not be provided on the transferring parcel.

(4)             The number of motor vehicle parking stalls which may be transferred to a receiving parcel in accordance with subsection (1) is determined by:

(a)        calculating the amount of gross usable floor area that could be built on the transferring parcel designated as Municipal Historic Resource at a floor area ratio of 7.0;

(b)        using the gross usable floor area in subsection (a), calculate the potential number of motor vehicle parking stalls on the transferring parcel at a rate of 0.7 stalls per 100 square metres of gross usable floor area;

(c)        using the potential number of motor vehicle parking stalls in subsection (b), apply one of the following percentages based on the categorization of the transferring parcel on the City’s Inventory of Evaluated Historic Resources;

(i)         City-Wide Historic Resource – 50.0 per cent;                 

(ii)        Community Historic Resource – 25.0 per cent; and

 (d)       subtracting from the resulting number of motor vehicle parking stalls in subsection (b) the number of motor vehicle parking stalls that currently exist on the transferring parcel.

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