Staff Report: Bylaw 1809 - Application to Make Various Amendments to the MUE1 Zone (Z18-0023)

PURPOSE

Les Bjola of Turner Lane Development Corporation has applied on behalf of 1096234 BC Ltd./Langford Ridge Limited Partnership to make various amendments to the MUE1 (Mixed Used Employment 1) Zone as outlined in this report.

BACKGROUND

PREVIOUS APPLICATIONS

In May 2014, Council adopted Bylaw No. 1507 which created the Mixed Use Employment 1 (MUE1) Zone and rezoned various properties southwest of the Leigh Road Interchange to this new zone. In May 2016, Council adopted Bylaw 1661, which amended the Amenity Contribution Provisions for the MUE1 Zone. In December 2016, a Development Variance Permit (DVP16-0018) was issued amend DVP14-0010 such that all properties that are split-zoned MUE1 and either R2, R2A, or RR4, are subject to the same variances and conditions as DVP14-0010 (i.e. application to defer sewer servicing and to reduce minimum lot size). Development Permit No. DP15-0038 has been issued with respect to phased land clearing within the designated Potential Habitat and Biodiversity, Woodland Ecosystem and Riparian DP Areas. An additional Form and Character Development Permit will be required prior to the issuance of a Building Permit on each lot, and the requirements of DP15-0038 pertaining to environmental enhancement strategies shall be implemented via this subsequent DP approval. The subdivision of various parcels was initiated as part of SUB16-0055 (consolidation of all land) and SUB17-0021 (to create five commercial lots and twenty multi-family lots). The consolidation is complete and application to create 25 new lots is currently on hold.

COMMENTARY

REZONING PROPOSAL

The applicant has proposed to amend the requirements of MUE1 zone to include the following:

1. Amend section 6.53.01(1) such that “underground vehicle storage” is included as a permitted use;
2. Amend section 6.53.01(1) such that “underground mini-storage” is included as a permitted use;
3. Amend section 6.53.01(1) to replace “Hospital” with “Health Centre” to allow for a greater range of health services;
4. Amend section 6.53.01(1) to allow a maximum of 200 Assisted Living Apartment Units are in Area A;
5. Amend section 6.53.03(2) and 6.53.03(3) such that the maximum allowable density of development, prior to additional off-site servicing or traffic studies, is 2.2 million sq. ft. of gross floor area (GFA) in Area B and 1.0 million sq. ft. of GFA in Area A; and
6. Amend section 6.53.03(2) and 6.53.03(3) such that commercial floor area in Area B is limited to 9,920 m2 (100,000 ft2).

Currently, a map is inserted into the Zoning Bylaw which identifies a significant “commercial only” area for the MUE1 zone (Area “A”). The remainder of the zone (Area “B”) allows for either: residential-only, mixed commercial/residential, or commercial only uses. The MUE1 Zone permits very limited development unless the owner of the land has entered into an agreement with respect to the provision of a public amenity, and an agreement with respect to the provision of road dedication and off-site traffic improvements, such that density is capped at 1.0 million ft2 of non-residential GFA and 1.0 million ft2 of residential GFA, until additional traffic improvements and amenity contributions have been determined.

As part of this application, the applicant is requesting to increase the GFA permitted prior to additional off-site traffic improvements from 2.0 million ft2 to 3.2 million ft2 (i.e. 2.2 million ft2 in Area B and 1.0 million ft2 in Area A). In addition, in order to achieve an appropriate property tax rate for the intended uses within Area B, the applicant is requesting to restrict commercial floor area in Area B to 9,920 m2 (100,000 ft2).

Should Council approve this application, the additional commercial uses noted above would be allowed throughout the site and up to 200 units in Area A.

It is noted for reference that all mini-storage and vehicle storage is required to be below grade.

SITE AND SURROUNDING AREA

The subject property is located south of the Trans Canada Highway, west of Leigh Road and east of Wenger Terrace. The property slopes upwards towards the center from all directions. Clearing and site grading is complete on the eastern side of the site against Leigh Road, while the remaining lands remain treed and undisturbed. The site is surrounded by a mix of commercial and residential land uses.

Table 2: Surrounding Land Uses

COMMENTS

OFFICIAL COMMUNITY PLAN

Langford’s Official Community Plan (OCP) Bylaw No. 1200 designates the subject properties as ‘Mixed-Use Employment Centre’, which are defined by the following text:

• A predominantly workplace precinct that includes business of all types including commercial, light industrial, and institutional;
• An ideal location for creative or innovative infill housing (such as artisan live-work, mixed use buildings, etc.) that does not jeopardize the long-term function of the centre as an employment node;
• Parks, public squares and open spaces are integrated throughout; and
• Centre is an inter-city and/or inter-regional transit hub that connects residents and employees.

The intent of the mixed-use employment zone is to ensure a long-term supply of employment lands in central nodes.

INFRASTRUCTURE

As a condition of Bylaw 1507 (Z14-0004), and at the request of the Director of Engineering, the applicant is required to provide emergency access from Goldstream, fiber optic serving, a signal light on Leigh Road, and full frontage improvements. The developer will be responsible for all costs associated with infrastructure improvements, extensions and system upgrades to meet the needs of the site. A formal stormwater management plan that complies with the standards of Bylaw No. 1000 will be required prior to the issuance of a building permit.

TRAFFIC IMPACT AND ROAD IMPROVEMENTS

As part of the resolution associated with Bylaw 1507, the developer is required to provide a Traffic Impact Study and road network improvements (off-site road works) necessary to accommodate changes in land use and density. The allowable density in the zone is determined by the road network capacity and the provision of off-site road improvements necessary to facilitate that density. Based on the results of the WATT Traffic Impact Study Reports, dated November 2016 and December 2016, no additional improvements, road dedication or off-site road works will be required in conjunction with the proposed amendments of this report. However, all previously required off-site improvements must be completed prior to subdivision approval, or building permit issuance, whichever is first, which includes:

1. Signalizing the intersection of the new development access road at the intersection of Leigh Road, including constructing all necessary lane improvements such as additional through lanes and northbound and southbound turning lanes, and construction and activation of the necessary lane required for the new on-site access road;
2. Providing a secondary paved access (emergency service) to Goldstream Avenue at the west end of the subject site, a minimum of 6m paved; and
3. Providing a third emergency pedestrian access/egress from the property at a location satisfactory to the Director of Engineering and Fire Chief;
4. Completion of a five-lane cross section on Leigh Road from south of the subject site access south through the intersection of Goldstream Avenue;
5. Construction of a second northbound through lane on Leigh Road approaching Goldstream Avenue; and
6. Completion of a second northbound right turn lane for the southbound on-ramp to the TCH when right turn volumes reach 1,000 vehicles per hour (vph).

DEVELOPMENT PERMIT AREAS

The entire subject property has been designated as a Development Permit Area for potential wildlife habitat and biodiversity. As noted, DP15-0038 has been issued with respect to this site, and these proposed amendments are not expected to affect the terms and conditions of this DP.

All development within the MUE1 zone will be subject to commercial and/or multi-family residential "form and character" design guidelines, which include requirements for landscaping and screening.

FINANCIAL CONTRIBUTIONS

All financial contributions determined through Bylaw No. 1661 are still applicable, including Council’s Affordable Housing and Amenity Contribution policy, as follows:

• $1,000,000 towards the City’s General Amenity Reserve Fund; OR
• An alternate amenity with a demonstrable value equivalent to $1,000,000; OR
• A transfer of 15% of the lands located within the Mixed-Use Employment 1 (MUE1) Zone to the City of Langford; OR
• Some equivalent combination of a(1) and /or a(ii) and/or a(iii).

As previously mentioned, the applicant is required to complete frontage improvements and off-site improvements as per the recommendations in the Traffic Impact Study and Bylaw 1507. All improvements are to be at the developers’ expense, therefore the direct capital costs to the municipality will be negligible.

If Council is supportive of these changes they may wish to proceed with First Reading of the Bylaw at this time.

OPTIONS

Option 1

That Council:

1. Give First Reading to Bylaw No. 1809 to make various amendments to the MUE1 zone.

OR Option 2

1. Take no action at this time with respect to Bylaw No. 1809.

Submitted by

David Sametz, Land Development Planner

Concurrence

• Matthew Baldwin, MCIP, RPP, Director of Planning
• Cory Manton, Manager of Parks and Recreation
• Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
• Leah Stohmann, MCIP, RPP, Deputy Director of Planning
• Michael Dillabaugh, CPA, CA, Director of Finance
• Braden Hutchins, Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer

:ds

Appendix C

CITY OF LANGFORD
BYLAW NO. 1809

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:

1. By adding the following as section 6.53.01(1)(h): “underground vehicle storage” and renumbering the subsequent sections accordingly;

2. By adding the following as section 6.53.01(1)(i): “underground mini-storage” and renumbering the subsequent sections accordingly;

3. By deleting “Hospital” in section 6.53.01(1)(p) and replacing with “Health Services”;

4. By adding the following as section 6.53.03(6) “A maximum of 200 units of Assisted Living are permitted in Area A”;

5. By deleting Section 6.53.03(2) and replacing with:

“Despite subsection 6.53.03(1), there may be more than three residential dwelling units and more than 150 m2 of non-residential gross floor area in the Mixed-Use Employment 1 (MUE1) Zone, but not more than 92,900 m2 (1,000,000 ft2) of gross floor area in Area A and not more than 204,386 m2 (2,200,000 ft2) of gross floor area in Area B if the owner of the land proposed to be built upon has:”

6. By deleting Section 6.53.03(3) and replacing with:

“Despite subsections 6.53.03(1) and (2), there may be more than 92,900 m2 (1,000,000 ft2) of gross floor area in Area A and more than 204,386 m2 (2,200,000 ft2) of gross floor area in Area B, if the owner of the land proposed to be built upon has provided an additional traffic impact study that analyzes the impact of development beyond this level on the surrounding road network, and has entered into an agreement with the City of Langford with regards to required

road dedication and off-site traffic improvements recommended by the traffic impact study, as well as full frontage improvements to Subdivision and Development Servicing Bylaw No. 1000 standards, all to the satisfaction of the Director of Engineering”

7. By adding the following as section 6.53.03(4) and renumbering subsequent sections accordingly:

a)
“Despite subsections 6.53.03(1), (2), and (3), under no circumstances may the gross floor area of non-residential uses in Area B exceed 9,290 m2

READ A FIRST TIME this day of , 2018.
PUBLIC HEARING held this day of , 2018.
READ A SECOND TIME this day of , 2018.
READ A THIRD TIME this day of , 2018.
ADOPTED this day of , 2018.

MAYOR

(Certified Correct) CORPORATE OFFICER