BYLAW NO. 1725 - Langford Zoning Bylaw, Amendment No. 499 (Omnibus No. 48 – Text Amendment to MU1A Zone), 2017

BYLAW NO. 1725 - Langford Zoning Bylaw, Amendment No. 499 (Omnibus No. 48 – Text Amendment to MU1A Zone), 2017

Date

July 17, 2017

Department

Planning

Application No.

Z17-0032

Subject

Bylaw No. 1725 - Application to Rezone a Portion of the Closed Spencer Road Right-of-Way from Tourist Commercial – Motel (CT1) to Mixed Use Residential Commercial A (MU1A) and Amend the Text of the MU1A Zone to Reduce the Minimum Lot Coverage for the Proposed Development at 2741, 2749, 2751, 2753, 2757, and 2761 Spencer Road and 996 Preston Way

At the Regular Meeting of Council on June 8, 2017, Council adopted Road Closure Bylaw No. 1704 to close a portion of the Spencer Road right-of-way. In order to facilitate the development of this land as part of the proposed development of the adjacent land at 2741, 2749, 2751, 2753, 2757, and 2761 Spencer Road and 996 Preston Way, it must be rezoned from Tourist Commercial – Motel (CT1) to Mixed Use Residential Commercial A (MU1A).

A Development Permit application was recently submitted for the proposed development of these sites with a 128 unit multi-family residential building. During staff review of this application, it was noted that the proposed building covered only 28% of the site area. Section 6.51A.05(2) of the MU1A Zone requires a minimum lot coverage of 50%, so a text amendment to the MU1A Zone is required to facilitate this development as currently proposed.

The Spencer and Preston properties were originally rezoned to MU1A in 2011 to allow for the development of mixed use residential commercial uses, but site plans and elevation drawings were not provided at that time as the application was only intended to secure land use and density provisions. Subsequent to Council’s approval of this application (Z11-0016), the MU1 Zone was split to create the MU1A Zone under Bylaw No. 1124, and the minimum lot coverage of 50% was added under Bylaw No. 1427.

COMMENTS

Staff have prepared Bylaw No. 1725 to rezone the closed portion of Spencer Road in accordance with Road Closure Bylaw No. 1704.

Despite the closure of a portion of Spencer Road through Bylaw No. 1725, the City has retained a Statutory Right-of-Way over the closed portion, preventing the construction of any buildings or permanent structures on that portion of the site. As a result, it is unlikely that the site could be developed in accordance with the minimum 50% site coverage currently required by the MU1A Zone. If Council is of the opinion that the reduced lot coverage is warranted to facilitate the development as currently proposed, they may wish to give First Reading to Bylaw No. 1725. Conversely, Council may choose to direct the applicant to submit revised a site plan demonstrating the minimum 50% lot coverage required by the MU1A Zone.

A Public Hearing, in accordance with requirements of the Local Government Act, will be required if Council wishes to proceed further with Bylaw No. 1725, or Council may choose to waive the Public Hearing.

OPTIONS

That Council:

1. Give first reading to Bylaw No. 1725 as proposed;

OR

2. Take no action at this time with respect to Bylaw No. 1725.

Respectfully Submitted,
Submitted by:
Sarah Herring, MCIP, RPP, Planner

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:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, Director of Finance

Concurrence:
Darren Kiedyk, Chief Administrative Officer

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