DocumentsBylawMay 2, 2016Pages 76–83
BYLAW NO. 1614 - Langford Zoning Bylaw, Amendment No. 448 (Creates MU2 (Mixed Use Residential Commercial Zone)), 2016 (Adoption)
Zoning bylaw amendment to create MU2 Mixed Use Residential/Commercial Zone; presented for Adoption.
Key facts
- Bylaw No. 1614 - Amendment No. 448
- Purpose: create MU2 (Mixed Use Residential Commercial Zone)
- Listed for Adoption on the agenda (page 76)
BYLAW NO. 1614 - Langford Zoning Bylaw, Amendment No. 448 (Creates MU2 (Mixed Use Residential Commercial Zone)), 2016 (Adoption)
Staff Report to Council
Date: 02/05/2016
Department: Planning
Application No.: Z15-0025
Subject: Bylaw Nos. 1614 and 1615 - Application to Rezone 772, 777, 778 and 784 Hockley Avenue from the R1 (One Family Residential) and C9A (Community Town Centre Pedestrian (A) zones to a new MU2 (Mixed-Use Residential Commercial zone
At their Regular Meeting of January 18th, 2016, Council passed the following resolution with respect to the properties at 772, 778, 784 and 777 Hockley Avenue:
- Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 772, 778 and 784 Hockley Avenue from R1 (One-Family Dwelling) and C9A (Community Town Centre Pedestrian 9A) to a new MU2 (Mixed Use Residential Commercial 2) zone;
- Direct staff to prepare a bylaw to amend the zoning designation of the property located at 777 Hockley Avenue from R1 (One-Family Residential) to MU2 (Mixed Use Residential Commercial 2) zone subject to the following terms and conditions:
a. That the following contributions are included in the bylaw as an amenity for increased density, to be payable at the time of building permit:
i. $1,525 per unit towards the General Amenity Reserve Fund; and
ii. $610 per unit towards the Affordable Housing Reserve Fund.
(The applicant is eligible for a further 35 - 75% reduction in Amenity Fees for Section 1. a. i-ii) in accordance with Council Policy).
(Secured in Bylaw No. 1615)
b. That the applicant provide the following items prior to First Reading:
i. A frontage design plan for the Hockley Avenue one-way concept, to the satisfaction of the Director of Engineering;
ii. An estimate of the cost of constructing Hockley Avenue frontage to the aforementioned one-way concept, as well as an estimate of the value of this work over and above the normal frontage improvements required by municipal bylaw;
iii. A summary of all land dedication and (if necessary) road closure required to construct the one-way concept for Hockley Avenue;
iv. A statement indicating whether the off-site works and services are expected to be off-set by cash amenity contributions per Council policy;
c. That the applicant dedicate any required road from the subject property to the satisfaction of the Director of Engineering prior to bylaw adoption;
d. That the applicant register a Section 219 covenant, prior to bylaw adoption, that includes the following:
i. The owner will provide a traffic and public safety plan and construction parking plan, prior to any onsite works and/or clearing, to the satisfaction of the Director of Engineering;
ii. Frontage improvements, works and services shall be completed to the standards of Subdivision and Development Servicing Bylaw No. 1000 or secured in a Development Servicing Agreement with appropriate bonding, prior to the issuance of a Building Permit, to the satisfaction of the Director of Engineering;
iii. The frontage design plan for the Hockley Avenue one-way shall be completed, at the applicant’s expense, or secured in a Development Servicing Agreement with appropriate bonding, prior to the issuance of a Building Permit, to the satisfaction of the Director of Engineering;
iv. The owner will register on title a Section 219 covenant for stormwater maintenance prior to the request for Building Permit.
a. Authorize the Director of Planning to issue the setback variances in the Development Permit.
COMMENTS
The applicant has provided an unrestricted letter of undertaking to register a Sec. 219 covenant against the title of the subject property that agrees to items 2 (b) i through iv in Council’s resolution of January 18th, 2016.
As per Section 2 (c) it has been determined that road dedication is not required as part of the development. It may be required as part of the Hockley Avenue one way project which is secured in the Section 219 Covenant that it will be either be built or secured in a Development Servicing Agreement with bonding prior to issuance of a building permit.
Bylaw No. 1615 was signed by the Minister of Transportation on March 15th, 2016.
Now that all of Council’s resolutions have been secured, Council may wish to consider adopting Bylaw Nos. 1615 and 1614 (which creates the new MU2 zone).
OPTIONS
That Council:
- Adopt Bylaw Nos. 1615 and 1614;
OR
- Take no action at this time with respect to Bylaw Nos. 1615 and 1614.
Respectfully Submitted
Submitted by:
Grant Liebscher Planner II
Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Concurrence:
Jane Waters, Parks Department
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Brent Molnar, Manager of Land Development
Concurrence:
Steve Ternent, Director of Finance
Concurrence:
Jim Bowden, Chief Administrative Officer
:gl
CITY OF LANGFORD
BYLAW NO. 1614
A BYLAW TO AMEND BYLAW NO. 300, “LANGFORD ZONING BYLAW, 1999"
The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:
A. Langford Zoning Bylaw No. 300, 1999 is amended as follows:
- By adding as Section 6.56 the text set out in Schedule A;
B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 448, (Creates MU2 (Mixed Use Residential Commercial Zone), 2016".
READ A FIRST TIME this 1st day of February, 2016.
PUBLIC HEARING held this 7th day of March, 2016.
READ A SECOND TIME this 7th day of March, 2016.
READ A THIRD TIME this 7th day of March, 2016.
ADOPTED this day of , 2016.
MAYOR
(Certified Correct)
CORPORATE OFFICER
Schedule A
Section 6.56 – Mixed-Use Residential Commercial Zone (MU2) Zone
The intent of the Mixed Use Residential Commercial zone is to provide a mix of residential and commercial uses to create a vibrant transition between the Core Downtown Commercial Area and other nearby uses.
6.56.01 Permitted Uses
(1) The following uses and no others are permitted in the Mixed-Use Residential Commercial Zone (MU2) Zone:
(a) accessory buildings and uses;
(b) apartments;
(c) civic uses;
(d) community garden;
(e) film production studios;
(f) financial institutions, explicitly excluding drive-in and drive-thru financial institutions;
(g) food catering facilities;
(h) group day care in accordance with Section 3.26.02;
(i) health clubs;
(j) home occupation in accordance with Section 3.09;
(k) hotels;
(l) liquor store;
(m) offices;
(n) parks;
(o) personal service establishments;
(p) premises licensed pursuant to the Liquor Control and Licencing Act;
(q) preschool;
(r) private club and fraternal lodges;
(s) public assembly and entertainment uses;
(t) restaurants and cafes, explicitly excluding drive-in and drive-thru restaurants;
(u) retail stores;
(v) schools, and not in conjunction with any other residential use;
(w) shopping centres;
(x) temporary construction and real estate marketing offices;
(y) theatres, excluding drive-ins;
(z) universities;
(aa) veterinary practices; and
(bb) uses permitted by section 3.01 of this Bylaw.
6.56.02 Subdivision Lot Requirements
(1) No lot having an area less than 695 m2 (7 480 ft2) may be created by subdivision in the Mixed-Use Residential Commercial (MU2) Zone, except that lots abutting Goldstream Avenue, between Jacklin and Millstream Streets, must be no less than 4 000 m2 (1 acre) in area.
(2) No lot may be created having a lot width less than 15.2 m (50 ft).
(3) No lot may be created having a lot depth less than 34 m (112 ft).
6.56.03 Regulations for use
(1) All principal uses must be oriented to pedestrian needs and be located and designed as to avoid vehicular interference with pedestrian movement.
(2) The storage and display of all goods and products must be completely enclosed within a building, except for outside seating and the display of goods for sale at retail.
(3) Except for the ground floor, no floor may contain a mix of residential and non-residential uses.
(4) All above-ground level dwelling units must be provided with a separate entrance at ground level.
(5) All accessory buildings and uses must be located to the rear of the building accommodating the principal use. In no case may they exceed a height of 4 m (13 ft) or cover a total of more than 10% of the lot area.
6.56.04 Density of Development
(1) Except as provided in subsections (2) and (3) below, the floor area ratio may not exceed 0.3, and in no case may it exceed 4.5.
(2) The floor area ratio may exceed 0.3 and in no case may it exceed 4.5 if the owner provides 75% of the parking spaces required by this Bylaw in an underground or completely enclosed parking structure, in addition to meeting the requirements in subsection (3) below.
(3) Notwithstanding section 6.56.04(1), on land whose legal description is set out in Table AD, the density of development may exceed a floor space ratio of 0.3 to a maximum floor area ratio of 4.5 if the owner of the land proposed to be developed:
(a) pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a building permit.
6.56.05 Lot Coverage
(1) Lot coverage of all buildings and structures may not exceed 90%.
(2) Where a rooftop garden or terrace is provided, the lot coverage of all buildings and structures may be increased to 100%.
6.56.06 Height and Size of Principal Use Buildings
(1) No building or structure may have a height less than two storeys or exceed a height of ten storeys.
(2) No buildings or structures within 30 m (98 ft) of Goldstream Avenue may exceed a height of six storeys.
6.56.07 Setbacks
(1) No building or structure may be located:
(i) Within 1.2 m (4 ft) of any front lot line;
(ii) Within 6 m (20 ft) of any interior side lot line where the interior side lot line adjoins an area designated Neighbourhood in the Official Community Plan;
(iii) Within 1.2 m (4 ft) of an exterior side lot line; or
(iv) Within 7.5 m (25 ft) of any rear lot line where the interior side lot line adjoins an area designated Neighbourhood in the Official Community Plan.
6.56.08 Landscape Screening
(1) In addition to the regulations contained in Section 3.21 of this Bylaw, the following regulations shall apply to landscape screening in the Mixed-Use Residential Commercial (MU2) Zone:
(a) A landscape and screening area not less than 1 m (3 ft) in width containing a decorative fence together with decorative planting of not less than 1.8 m (6 ft) in height will be provided along all lot lines separating the lot from any Residential or Multiple Residential Zone; and
(b) Notwithstanding Article (1)(a) above, the landscaping and screening area may be reduced to zero along interior side lot lines, where the interior side lot line adjoins a lot from any Mixed-Use Residential Commercial (MU2).
6.56.09 Parking
(1) In addition to and despite the regulations contained in Part 4 of this Bylaw, the following regulations apply to parking and loading in the Mixed-Use Residential Commercial (MU2) Zone:
(a) Seventy-five percent (75%) of all required residential parking spaces shall be provided as underground parking or enclosed within the building envelope; and
(b) Other than access to a parking structure, parking is only permitted on the ground level of any building provided that building area extends along the length of the front and exterior side yard setbacks and the parking is set behind these portions of the building.
6.56.10 General
(a) The relevant regulations of Part 3 of this Bylaw shall apply.