BYLAW NO. 1951 - Langford Zoning Bylaw, Amendment No. 613 (2207 Millstream Rd)

Schedule A

Section 6.69C – Business Park 9 – (BP9 - Millstream Road Northeast)

The intent of the BP9 Zone is to accommodate a wide range of business and light industrial uses in enclosed buildings with a controlled number of ancillary uses.

6.69C.01 Permitted Uses

The following uses and no others are permitted in the BP9 Zone:

1. Accessory uses, buildings and structures, subject to Section 3.05;
2. Adult Day Services;
3. Animal hospital, in enclosed buildings;
4. Auction in enclosed buildings;
5. Automobile parts and accessories sale, installation and repair facility;
6. Automobile rental and sale facility, major;
7. Automobile rental and sale facility, minor;
8. Automobile repair and service facility, major;
9. Automobile repair and service facility, minor, which may include cleaning and detailing, but excludes an automated, semi-automated or self-serve car wash;
10. Bakery;
11. Building and lumber supply store, in enclosed buildings;
12. Business Park office;
13. Business support service;
14. Cardlock gasoline service station;
15. Catering;
16. Contractor service in enclosed buildings;
17. Cultivation of cannabis sativa, manufacturing of derivatives of cannabis sativa and wholesale distribution of cannabis sativa and derivatives, excluding retail sales, in enclosed buildings;
18. Dormitory;
19. Electric or hybrid vehicle charging facility;
20. Equipment sales, service, repair and rental facility, major, in enclosed buildings;
21. Equipment sales, service, repair and rental facility, minor, in enclosed buildings;
22. Film production studio;
23. Financial institution, including drive-through subject to subsection 6.69C.02(1);
24. Funeral Parlour;
25. Group daycare, subject to Subsection 3.26.02;
26. Green energy and heat production;
27. Hotel;
28. Household equipment and appliance service and repair;
29. Industrial use, general in enclosed buildings;
30. Industrial use, light in enclosed buildings;
31. Licensed premises;
32. Mini-storage in enclosed buildings and specifically excluding the use of metal containers designed and constructed for shipping; unless within an enclosed building;
33. Personal Service Establishment subject to subsection 6.69C.02(1);
34. Pet Daycare
35. Recording and broadcast studio;
36. Research and development facility;
37. Restaurant subject to subsection 6.69C.02(1);
38. Retail store, subject to subsection 6.69C.02(2);
39. Training and Education facility in enclosed buildings, which includes student accommodation;
40. Uses permitted by Section 3.01 of this Bylaw;
41. Veterinary practice, in enclosed buildings; and

6.69C.02 Further Use Regulations

1. Despite any other part of Section 6.69C the combined total gross floor area of all Financial Institutions, Personal Service Establishment, Restaurant and Retail uses in the BP9 (Business Park 9 - Millstream Road Northeast) Zone shall not exceed 7500 m2 (80,730 ft2);

2. Despite any other part of Section 6.69C the combined total gross floor area of all Automobile rental and sale facility, minor uses in the BP9 (Business Park 9 - Millstream Road Northeast) Zone shall not be less than 1850m2 (19,914 ft2) and not more than 5575 m2 (60,000 ft2);

3. Despite any other part of Section 6.69C a Hotel use is not permitted in the BP9 (Business Park 9 – Millstream Road Northeast) Zone unless a Film Production Studio with a combined gross floor area of not less than 1850m2 (40,300 ft2) also exists in the BP9 (Business Park 9 – Millstream Road Northeast) Zone;

6.69C.03 Density of Development

1. Except as provided in Article (2), the total combined gross floor area in the BP9 zone may not exceed 100m2 (1076 ft2);

2. Despite Article 6.69C.03(1) there may be more than 100m2 (1076 ft2) of combined gross floor area in the BP9 zone if: a) the owner of the land provides to the City a lot of not less than 32,375 m2 (8 acres) of land in area, in a location and in a condition that is satisfactory to the City’s needs, as determined by its Chief Administrative Officer and subject to the following: i) that the owner has prepared the land to be dedicated to the City to a required elevation to accommodate an indoor recreation facility and associated off-street parking wholly outside of the 200-year floodplain as well as a seasonal playing field which may be within the 200-year floodplain;
   ii) that the owner has entered into an agreement with the City to provide an access route through the easterly portion of the amenity lot to provide emergency access between the BP9 zone and Goldie Avenue, to the satisfaction of the Chief Administrative Officer;
   iii) that services, including water, municipal sewer, telecom and gas have been provided to the property line to the satisfaction of the Chief Administrative Officer;
   iv) that the owner has entered into an agreement with the City to construct a multi-use trail adjacent to the Streamside Protection and Enhancement Area (SPEA) within the amenity area and provide permanent split rail fencing to delineate the SPEA to the satisfaction of the City Parks Manager;
   AND
   b) the owner has agreed, by way of a Sec. 219 covenant registered in priority over all other charges and in favour of the City, to enter into license agreement satisfactory to the City in regards to the operation of the racetrack until September 15th, 2022;
   AND
   c) the owner has paid to the City of Langford $500,000 as a condition of bylaw adoption;
   AND
   d) the owner of the land has paid $750,000 to the City on the earlier of:
   December 30th, 2021 or upon confirmation of registration with BC Land Titles (LTO) of Phase 1 of the proposed subdivision of land legally described as LOT A SECTIONS 2 AND 3 RANGE 3 WEST HIGHLAND DISTRICT PLAN VIP53467 EXCEPT PLAN EPP55578 LOT A SECTIONS 2 AND 3 RANGE 3 WEST HIGHLAND DISTRICT PLAN VIP53467 EXCEPT PLANS EPP55578 AND EPP64255, PID No. 017-612-675 (2207 Millstream Rd);
   AND
   e) the owner of the land has paid to the City $1,250,000 on the earlier of:
   September 30th, 2022 or the date when the racetrack is vacated by the licensed operator and development on that portion of the BP9 zone may occur;

3. Under no circumstance may the gross floor area exceed 3.0;

6.69C.04 Subdivision Lot Requirements

1. No lot having a lot area less than 1,000.0 m2 (0.3 ac) may be created by subdivision.
2. No lot having a lot width less than 20 m (66 ft) may be created by subdivision.

6.69C.05 Lot Coverage

1. Lot coverage of all buildings and structures may not be less than 20% and may not exceed 80%.

6.69C.06 Height and Size of Principal Use Buildings

1. No structure may exceed a height of 32 m (105 ft).

6.69C.07 Setbacks

No building or structure may be located:

1. Within 4.5m (14.8 ft) of any lot line that abuts a Highway;
2. Within 6m (19.7 ft) of any lot line that does not abut a lot in a Business Park or Industrial Zone;

6.69C.08 Landscape Screening

In addition to the regulations contained in Section 3.21 of this Bylaw, the following regulation apply to landscape screening in the BP9 Zone:

1. A continuous landscape and screening area not less than 2.0 m (6.6 ft) wide containing a fence, shrub or hedge not less than 1.5 m (4.9 ft) in height, at the time of installation or planting, shall be provided along the developed portion of any lot that abuts a highway; and

2. A continuous landscape and screening area not less than 3.0 m (9.8 ft) wide containing a fence not less than 1.8 m (5.9 ft) in height and decorative planting shall be provided along the developed portion of any lot that does not abut a lot in a Business Park Zone or Industrial Zone.

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