MU2

This part outlines specific regulation that applies to the City’s Land Use Districts.

 

5.16 MU2 - Mixed-Use Level 2 District

1. Application
   
   This section applies to the areas designated as Mixed-Use Level 2 (MU2) District on the Land Use District Map, Schedule A of this Bylaw.
2. Purpose
   
   The purpose of the MU2 District is to provide for a mixture of commercial, institutional, and medium- to high-density residential land uses. Such areas should be compact, attractive, pedestrian-friendly, and reasonably compatible with surrounding developments. Development within this District should provide a variety of housing options, the provision of commercial and residential uses within the same building, and an appropriate ratio of non-residential uses to create a community where residents can live and work.
3. Permitted and Discretionary Uses

4. Application Requirements
   1. In addition to the plans and information required under section 2.4, an Applicant for a Development Permit within a MU2 District must submit, to the satisfaction of the Development Authority Development Authority has the same meaning as set out in the MGA.:
      1. An overall conceptual site development plan Conceptual Site Development Plan means a development plan for a site or lot, which identifies how a proposed development will fit into the larger development area, including the proposed building types and location, development phasing, vehicular and pedestrian routes, connectivity, parks, amenity areas, and on-site signage. for the area designated as MU2 or, if the Applicant is only developing a portion of the subject area, a site development plan in relation to the portion to be developed, in which plan the Applicant has illustrated how the development will be integrated within the area designated as MU2;
      2. The overall conceptual site development plan is considered to be non-binding.
      3. A traffic impact assessment that demonstrates that traffic impacts are compatible with the purpose of the MU2 District and do not prejudice safety, and traffic movements within the area designated as MU2 or on adjacent public roadways Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway.;
      4. Details regarding the architectural theme for a development, including design drawings illustrating the colour scheme, building materials, and any architectural guidelines proposed for the development;
      5. Notwithstanding section 2.6 ‘Height Impact Assessment and Sun Shadow Study,’ for any building greater than 15.00 m 49.21 ft. in height:
         1. A building height impact assessment is required, demonstrating to the satisfaction of the Development Authority, that the impact on adjacent buildings or adjacent property has been minimized; and
         2. A sun shadow study is required.
5. Urban Design Review (External)
   1. In addition to the requirements of section 3.41 ‘Urban Design Review’, an Urban Design Review (External) is required for any development that:
      1. Has a total building footprint greater than 2,500.00 m² 26,909.78 sq. ft.;
      2. Is located on a landmark site identified in Schedule D; or
      3. Is greater than 125.00 m 410.10 ft. in height.
6. Performance Standards
   1. In addition to the Urban Design Review Recommendations Report, all applications shall be considered with regard to the following Performance Standards:
      1. How site design contributes to streetscape and the surrounding area;
      2. Appropriate location of uses to support an active streetscape Streetscape means the area that lies between the street curb and the building frontage of the adjacent buildings, the role of which is to define the pedestrian corridor and the distinguishing character of a particular street, including landscaping, trees, lawns, sidewalks and other surfacing, lighting, street furniture, and signage. and fit within the area;
      3. High-quality building design integrated with streetscape and surrounding buildings;
      4. Pedestrian orientation; and
      5. Well-designed amenity areas Amenity Area means any portion of a development site intended for active or passive recreation, including landscaped areas, patios, and balconies..
7. Floor Area
   1. The maximum gross floor area Gross Floor Area means the total area of all floors of a building located totally or partially above finished grade, and the total area of all mechanical equipment areas. The area comprising the gross floor area must be enclosed or have a roof over the area, but does not require interior finishing. Gross floor area shall be measured: 1) To the outside surface of the exterior walls; or 2) Where buildings are separated by firewalls, to the centre line of the common firewalls. for any building is 3.21 times the site area Site Area means the total area of a lot or site, including any area dedicated to an easement or right-of-way, as shown on a plan of subdivision registered in a land titles office.. In determining this calculation, the Development Authority may consider the total site area for multiple sites that comprise an integrated, mixed-use development, inclusive of public roadways Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. conveyed to the City.
      1. Notwithstanding section (a), the maximum gross floor area for any building is 1.90 times the site area for the following properties:
         1. Lot 9, Block 1, Plan 232 0303 (230 Bellerose Drive)
            
            Including any future revisions to this legal description based on a subdivision or condominium plan.
   2. A minimum of 15% of the total gross floor area Gross Floor Area means the total area of all floors of a building located totally or partially above finished grade, and the total area of all mechanical equipment areas. The area comprising the gross floor area must be enclosed or have a roof over the area, but does not require interior finishing. Gross floor area shall be measured: 1) To the outside surface of the exterior walls; or 2) Where buildings are separated by firewalls, to the centre line of the common firewalls. shall be used for commercial (non-residential) purposes. In determining this calculation, the Development Authority may consider the total commercial gross floor area for all buildings on multiple sites that comprise an integrated, mixed-use development.
      1. Notwithstanding section (b), a minimum of 11.60% of the total gross floor area shall be used for commercial (non-residential) purposes for the following properties:
         1. Units 1-321, Plan 162 4279 (5 St. Louis Street);
         2. Units 1-172, Plan 162 4296 (1 Goodman Drive); and
         3. Lot 69, Block 1, Plan 152 4029 (22 Sir Winston Churchill Avenue);
            
            Including any future revisions to these legal descriptions based on a subdivision or condominium plan.
      2. Notwithstanding sections (b) and (i), a minimum of 5% of the total gross floor area shall be used for commercial (non-residential) purposes for the following properties:
         1. Lot 9, Block 1, Plan 232 0303 (230 Bellerose Drive)
            
            Including any future revisions to this legal description based on a subdivision or condominium plan
8. Building Height
   1. The maximum building height is 25.00 m 82.02 ft..
      1. Notwithstanding section (a), the maximum building height shown on Figure 11-1 applies to the following properties:
         1. Units 1-321, Plan 162 4279 (5 St. Louis Street);
         2. Units 1-172, Plan 162 4296 (1 Goodman Drive); and
         3. Lot 69, Block 1, Plan 152 4029 (22 Sir Winston Churchill Avenue);
            
            Including any future revisions to these legal descriptions based on a subdivision or condominium plan.
      2. Notwithstanding sections (a) and (i), the maximum building height shown on Figure 11-2 applies to the following properties:
         1. Lot 9, Block 1, Plan 232 0303 (230 Bellerose Drive);
            
            Including any future revisions to these legal descriptions based on a subdivision or condominium plan.
9. Building Setback
   1. The minimum building setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. shall be provided as follows:
      1. The front and rear yard building setback shall be determined by the Development Authority Development Authority has the same meaning as set out in the MGA. with regard to adjacent uses, urban design considerations, on-site On-Site means a location on the site which is the subject of a development. constraints, or comparable Districts;
      2. The minimum side yard building setback is 5.00 m 16.40 ft., unless otherwise determined by the Development Authority, taking into account adjacent uses, urban design considerations, on-site constraints, or comparable Districts; and
      3. The minimum setback for an accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  is 3.00 m 9.84 ft..
10. Design, Character, and Appearance of Buildings
    1. In addition to the requirements in sections 3.12 ‘Design, Character, and Appearance of a Building,’ 3.52 ‘Design, Character, and Appearance of Residential Buildings,’ and 3.80 ‘Design, Character, and Appearance of Non-Residential Buildings,’ all buildings in this District must be finished as follows to the satisfaction of the Development Authority:
       1. Design techniques, including the use of variations in building setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. and articulation of building façades Façade means the exterior, outward face of the building., in order to create architectural interest and minimize the perceived mass and linearity of buildings;
       2. Establishment of a common architectural theme for a development, including principal design elements, finishing materials, colours, and roof style;
       3. Building exteriors shall be stamped concrete, cementitious boards or panels, exposed aggregate, stucco, vinyl siding, fibre cement siding, wood siding, glass, brick, brick veneer, natural stone, wood timber, or metal accents.
          1. Notwithstanding section (iii), alternative building materials may be considered if, in the opinion of the Development Authority Development Authority has the same meaning as set out in the MGA., the proposed materials meet the overall character of the District.
       4. Use of a step-back Step-Back means a horizontal recess to a building façade from the vertical façade immediately below it. 7.50 m 24.60 ft. or greater in height along a façade facing a public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway.; and
       5. Use of clear glazing Glazing means the portion of a wall, window, or door that is made of transparent glass. on the ground floor to facilitate pedestrian interaction and safety.
11. Residential Development
    1. Residential development must:
       1. Provide an amenity area (private) Amenity Area (Private) means a balcony, patio, deck, or other similar structure which is attached to and has a private entrance from the interior of a dwelling unit. as required in section 3.47 ‘Amenty Area (Private);’
       2. Not be located below any storey Storey means the space between the top of any floor above finished grade, and the top of the next floor above it and, if there is no floor above it, the part between the top of the floor and the ceiling above it. The bottom storey of a building located at street level is commonly referred to as the ground storey. For the purposes of calculating a storey, walkout basements are not included. used for commercial purposes within a mixed-use building;
       3. Have an entrance separate from the entrance to any commercial component of the building within a mixed-use building; and
       4. All dwelling (townhouse-complex) Dwelling (Townhouse-Complex) means a development comprised of one or more buildings, each containing three or more dwelling units, all on a lot, where each unit has a separate, direct entrance from the exterior to grade.  No dwelling (townhouse-complex) shall have less than five dwelling units total. This use may also include stacked townhousing, or a development of a mixed form, including townhousing incorporated with a dwelling (apartment) or dwelling unit above a non-residential use.   developments in a MU2 District must comply with the following requirements for development in section 3.56 ‘Dwelling (Townhouse) Dwelling (Townhouse) means a building comprised of three or more dwelling units, where each unit has a separate, direct entrance from the exterior to grade, and includes dwelling (townhouse-single), dwelling (townhouse-plex), and dwelling (townhouse-complex). Typical examples include back-to-back townhouses, stacked townhouses, and street-oriented townhouses.:’
          1. Building separation distance;
          2. Amenity area (private) Amenity Area (Private) means a balcony, patio, deck, or other similar structure which is attached to and has a private entrance from the interior of a dwelling unit.;
          3. Amenity area (common) Amenity Area (Common) means any portion of a development intended for active or passive recreation that is designed for the common usage of the owners and residents within a development. These areas may include one or more of the following: plazas, courtyards, recreation areas, swimming pools, tennis courts, bike storage rooms, common gathering rooms, gardens, private parks, and open spaces, including elements such as street furnishings, hard-surfacing, plantings, and architectural features that create a strong sense of communal gathering space.;
          4. Vehicular access;
          5. Setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections.;
          6. Lot area Lot Area means the area of a lot, including any area dedicated to an easement or a right-of-way, as shown on a plan of subdivision or described in a copy of a certificate of title.; and
          7. Lot frontage Lot Frontage means the width of a lot or site at the front property line adjoining a public roadway..
12. Landscaping
    1. In addition to the regulations in sections 3.100 ‘Perimeter Landscaping’ and 3.101 ‘Landscaped Buffer:’
       1. For a residential building in the MU2 District located adjacent to a public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway., the perimeter landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls. shall be increased to a minimum width of 6.00 m 19.65 ft..
          1. Notwithstanding section (i), development built to the property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. is exempt from the perimeter landscaping requirement, but will be required to provide planters, hanging baskets, and other landscaping items, determined by the Development Authority, in consultation with Engineering Services.
13. Overhead Weather Protection
    1. In addition to the regulations in section 3.25 ‘Overhead Weather Protection:’
       1. Continuous weather protection is encouraged along building frontages Building Frontage means a wall or façade on the exterior of a building which faces a public roadway, other than a lane. with retail uses at grade Grade means either rough grade or finished grade, depending on the application context., and at residential lobbies or unit entrances at grade, where practical; and
       2. Commercial and mixed-use buildings will provide overhead weather protection in a method suitable to the architectural style and function of the building, to the satisfaction of the Development Authority, having regard for the following:
          1. Provision of weather protection at pedestrian entrances;
          2. Weather protection provided at a height and depth to provide sufficient protection; and
          3. Location of weather protection to allow for signage and wayfinding.
14. Vehicle and Pedestrian Circulation
    1. In addition to the regulations in sections 3.82 ‘Emergency Access Lanes’ and 3.42 ‘Vehicle Access - General,’ the following apply:
       1. In making a determination about the design of on-site On-Site means a location on the site which is the subject of a development. motor vehicle Vehicle has the same meaning as ‘motor vehicle’ as defined in the Traffic Safety Act, RSA 2000, c. T-6. and pedestrian circulation within the MU2 District, the Development Authority Development Authority has the same meaning as set out in the MGA. must ensure that motor vehicle and pedestrian routes are located and designed in a manner that provides a clearly defined, safe, efficient, and convenient circulation pattern for both vehicles and pedestrians, including barrier-free Barrier-Free means to allow proper and safe access and use of buildings, facilities, and open areas, with a proper and safe outcome for accessibility. routes. Loading bays must be located in such a manner as not to impede the safe and efficient flow of traffic and pedestrian movement, and minimize impacts on adjacent land uses; and
       2. The Development Authority may impose whatever conditions the Development Authority considers necessary in order to require that the Applicant:
          1. Provide connections to parking Parking means leaving a vehicle temporarily on a lot or site. areas and public rights-of-way adjoining a development for access to transit, services, and amenities;
          2. Provide pedestrian access to ensure a development is integrated with the surrounding area;
          3. Provide pedestrian walkways along storefronts with doors or similar openings;
          4. Separate pedestrian movements and motor vehicle traffic by delineating crosswalks with special paving or, where possible, raising crosswalks; and
          5. Construct and maintain the pedestrian walkways for use by the public.