Staff Report: Z16-0021 / Bylaw No. 1580 – Text amendment to Bylaw 300 for 2326 & 2350 Millstream Road

Staff Report: Z16-0021 / Bylaw No. 1580 – Text amendment to Bylaw 300 for 2326 & 2350 Millstream Road

2nd Floor · 877 Goldstream Avenue · Langford, BC Canada · V9B 2X8
T · 250-478-7882 F · 250-478-7864

Date:

November 21, 2016

Department:

Planning

Application No.:

Z16-0021

Subject:

Bylaw No. 1580: Application for a text amendment to Bylaw 300 (Zoning Bylaw) to allow for a 7 storey residential building and a separate commercial building at 2326 and 2350 Millstream Road.

At the Regular Meeting of Council on November 7th, Council passed the following resolution with respect to the property at 2326 and 2350 Millstream Road:

That Council:

1. Direct staff to prepare a bylaw to amend the text of the C6B (Neighbourhood Mixed Use Zone) zoning for the property at 2326 and 2350 Millstream Road as follows: a. Add the text “apartments on land shown as Area 1 in Schedule AL” to Section 6.43B.01;
   b. Delete the text in Section 6.43.04(1) and replace it with the following text “ No building or structure for a commercial use only may exceed a height of 3 storeys;
   c. Delete the text in Section 6.43B.04 (2) and replace it with the following text “No building or structure for a building containing apartments or a mix of apartment and commercial uses may exceed a height of 7 storeys.”;
   d. Amend Schedule AD of Zoning Bylaw 300 to reflect current fund contributions for residential units which is currently $3,660 per unit toward the General Amenity Reserve fund and $610 per unit towards the Affordable Housing Reserve Fund; and
   e. Delete the text in Section 6.43B.05 (1) and replace it with the following text “The Floor Area Ratio of all buildings within the Neighbourhood Mixed Use (C6B) Zone shall not exceed 0.8.”.

2. That the applicant provide the following items prior to Bylaw second and third reading: a. The number of two bedroom units proposed for each building;
   b. A new Traffic Study to supplement the 2011 study; and
   c. A Parking Study.

3. That the applicant provides the following prior to Bylaw Adoption:
   d. Road dedication with respect to the following portions of the subject property: I. A corner cut road dedication at Treanor Avenue and Millstream Road to the satisfaction of the City Engineer and Bylaw No. 1000 Standards;
   II. Road dedication along the Millstream Road frontage to the satisfaction of the City Engineer and Bylaw No. 1000 Standards;
   III. Road dedication long the Treanor Avenue frontage if necessary to contain required frontage improvements;
   IV. Any additional road dedication necessary for the new BC Hydro transformer banks;
   e. A Storm Water Management Plan to the satisfaction of the City Engineer
   f. A Section 219 covenant, registered on title in priority of all other charges, that includes the following: i. The applicant will implement recommendations within the new traffic study prior to the issuance of a Building Permit, or Subdivision, whichever is first;
   ii. That the applicant will incur all costs relating to infrastructure upgrades, including off-site works, required to manage the subject property’s drainage concern, as a condition of rezoning of the lands;
   iii. That as a condition of Building Permit, frontage improvements be provided to Subdivision and Servicing Bylaw No. 1000 standards, to the satisfaction of the City Engineer;
   iv. That as a condition of Building Permit, a storm water management plan, as well as any upgrades to the DSA1 Infrastructure, be implemented to the satisfaction of City Engineer;
   v. That as a condition of subdivision, a statutory of right away be registered in order to facilitate recommendations found in the storm water management plan;
   vi. That prior to the issuance of a Development Permit the applicant must submit and receive approval of the FUS calculations for the site; and
   vii. That prior to issuance of a Building Permit the applicant agrees to secure tenure of these apartment units to rental only for a period of no less than 10 years.

4. Authorize the Director of Planning to issue a variance in the Development Permit to reduce the required off street parking for an apartment outside of the City Centre to 1 space per unit.

5. Authorize staff to work with the owner to discharge the Section 219 covenant that requires amenity contributions for the commercial component of the proposed development.

COMMENTS

Following Council’s resolution of November 7th, 2016, the applicant requested a reconsideration of the maximum Floor Area Ratio to be applied within the amended C6B, Neighbourhood Mixed Use, Zone. The applicant wishes to have the text amended within the C6B Zone, to increase the FAR for mixed use or residential buildings uses to 1.7 while maintaining the 0.8 FAR for commercial buildings. The applicant feels that this increase in FAR is necessary to accommodate the proposed development plan and other changes proposed in this application.

In light of the request to increase density and height for residential and mixed use buildings, Council may wish to implement a design requirement that could mitigate the impact on the single family neighbourhood across Treanor Avenue. As the currently permitted height is 6 storeys, Council may wish to require the applicant to increase the setback of the portion of any building facing Treanor by at least 5 m. This “step back” articulation to any portion of the building over 6 storeys may reduce the visual impact of the development on the surrounding single family homes.

Staff have prepared Bylaw 1580 in accordance with Council’s resolution of November 7th, 2016 and the additional changes outlined in this report. As Council has not set any conditions that must precede first reading of this bylaw, Council may now wish to give Bylaw 1580 first reading.

OPTIONS

That Council:

1. Give first reading to Bylaw No. 1580.
2. Amend item 1(e) of Council’s November 7th resolution to restrict all buildings within the C6B Zone to an FAR of 0.8, and instead allow an FAR of 1.7 for mixed use or residential uses.
3. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant that requires a building incorporate a 5 m setback, in addition to the required setback in place for the Zone, on every story above the sixth story.

OR Option 2:

4. Take no action at this time with respect to Bylaw No. 1580.

Respectfully Submitted,

Submitted by:
Lauren Morhart, MCIP, RPP
Planner II

Concurrence:
Matthew Baldwin, MCIP, RPP
Director of Planning

Concurrence:
Mike Leskiw, Parks and Recreation Manager

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Steve Ternent, Director of Finance

Concurrence:
Jim Bowden, Chief Administrative Officer

:lhm