Staff Report - Z16-0025: Application to amend text in BP1A Zone to allow Personal Service businesses (2401 Millstream Rd)

Staff Report to Planning, Zoning and Affordable Housing Committee

Date: February 14, 2017
Department: Planning
Application No.: Z16-0025

Subject: Application to amend the text in the BP1A Zone to allow for Personal Service businesses on the property located at 2401 Millstream Road.

PURPOSE

Beth Breasail, of GWL Realty Advisors has applied on behalf of KS Village (Millstream) Inc. to amend the text within the Business Park 1A (BP1A – Millstream Road East) Zone to allow Personal Services businesses within the zone.

BACKGROUND

PREVIOUS APPLICATIONS

On December 21, 2001 Council adopted Bylaw No. 627 and Bylaw No. 628 to accommodate the development of a business park complex at the east side of Millstream Road, between McCallum Road and Treanor Avenue. The intention of the new business park zone, was to accommodate a variety of commercial businesses, allowing larger retail stores or “big box” stores and limiting the amount of restaurants allowed on site so as not to detract from businesses in the downtown core where revitalization programs were being concentrated.

On January 19th, 2004 Council adopted Bylaw No. 812 which amended the BP1A (Business Park 1A – Millstream Road East) zone by re-establishing one family dwellings as a permitted use in the zone, as existing residential properties along Sunshine Terrace and Treanor Avenue had become legally non-conforming under the new zone. The Bylaw also stipulated that if the lands were ever consolidated one family dwellings would not be permitted within the BP1A zone. A subsequent amendment to the Official Community Plan (OCP) only recognized the properties along Treanor Avenue, leaving those properties along Sunshine Terrace still with a Business Park policy designation in the OCP.

On June 20th, 2005 Council adopted Bylaw No. 945, a text amendment to the BP1A (Business Park 1A – Millstream Road East) zone that expanded the types of uses allowed within the zone. The amendment also allowed for smaller retail stores while limiting the number allowed, limited the density for some commercial uses, increased the density allowance for office uses, and allowed for multi- family dwellings within a specified area of the zone. This Bylaw divided the BP1A zone into residential and commercial uses, and further broke down residential uses into specific types such as multi-family dwellings and single family dwellings. The newly separated areas became known as Schedule “T” within Langford’s Zoning Bylaw.

The most recent rezoning application for BP1A (Business Park 1A – Millstream Road East) zone that Council adopted was Bylaw No. 1010 on May 1st, 2006. This Bylaw allowed the retail sale of wine in the BP1A (Business Park 1A – Millstream Road East) zone as well as further reduced the size requirements of retail businesses permitted within the zone from 697 m2 to 464.5 m2 and limited the number of smaller retail spaces allowed by not allowing them to exceed 7432 m2 combined gross floor area within the entire BP1A zone.

As the subject parcel is over 8.2 hectares containing a variety of uses, there have been many planning applications applied for the site. In addition to the Official Community Plan and rezoning applications described above, the following Development Permits and Development Variance Permits have been issued in the subject area:

• DP04-32
  • Environmental Protection DP to allow for site grading on sites within an environmentally sensitive DP area
• DP04-32A
  • An amendment to DP04-32 to add a rock wall within the environmentally sensitive area
• DP05-38
  • Development Permit with reference to the parking and building layouts of the proposed business park complex
• DP05-49
  • Development Permit to allow for the development of commercial (retail) buildings to be located at the west block of the business park complex
• DP05-54
  • Development Permit for the development of commercial (retail) buildings to be located at the east block of Millstream Village
• DP06-09
  • Development Permit application to permit the remainder of commercial (retail) buildings to be located at the east block of Millstream Village
• DP06-21
  • Development Permit application to allow the development of two story commercial (office/retail) building to be located on the east block of Millstream Village
• DP06-38
  • Development permit application to allow for the development of 3735 m2 of commercial buildings, adjacent to McCallum Road.
• DVP06-01
  • Development Variance Permit and Sign permit to vary the height and number of signs allowed
• DVP07-02
  • Development Variance Permit for one additional fascia sign for Milestone’s Restaurant
• DVP10-0013
  • Development Variance Permit for three wall signs, mounted on rock walls
• DP15-0019
  • Development Permit for the installation of 40 double sided projecting signs

Table 1: Site Data

SITE AND SURROUNDING AREA

The subject site is approximately 8.28 hectares and located east of Millstream Road between McCallum Road and Treanor Avenue. Currently, only the property at 2401 Millstream Road and the residential properties along Sunshine Terrace and at 623 Treanor Avenue are zoned BP1A (Business Park 1A – Millstream Road East).

Table 2: Surrounding Land Uses