Bylaws    Item #   10. b.            
Regular Council Meeting Agenda
Meeting Date: 02/08/2021  
Title: C-1139-20 - Land Use Bylaw Amendment - Redistricting - Prescott Direct Control District - Third Reading - Nalavde
Department: Planning & Infrastructure
This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan
The City maintains a constant inventory of available land, both developed and developable, to ensure businesses can find properties that meet their needs.

Request for Decision Summary
Third reading of Bylaw C-1139-20 is being brought forward for Council's consideration. This bylaw will add a Direct Control District to the Land Use Bylaw and an associated map change. This amendment to the Land Use Bylaw proposes to create a new land use district, DC.10 - Prescott Direct Control District, in the Prescott Neighbourhood.  This District will allow Row Housing, Street Oriented, with Secondary Suites. 

Following the second reading, Administration prepared changes to the proposed Bylaw by removing minimum site area requirement; revising rear yard setbacks; clarifying minimum site width for internal and end units; reducing the maximum permissible height to 12.0 m; and including a new regulation requiring the construction of garage(s) as an Accessory Building concurrent with the construction of the Principal Building.

Administration supports the proposed Bylaw as amended.
Proposed Motion
That third reading be given to Bylaw C-1139-20 - Land Use Bylaw Amendment - Redistricting - DC.10 - Prescott District Control District, as amended.
Cantiro Communities Pioneer Ltd, has applied to create a new Direct Control District, and redistrict approximately 0.41 ha of land legally known as Plan 1820352 Block 107 Lots 1 - 6 and 8 - 17, from R1 Low to Medium Density Residential District to DC.10 - Prescott Direct Control District. The subject lands are located immediately northeast of the intersection of  Pioneer Road and Greenbury Boulevard.

If approved, this amendment will allow the development of 16 Row Housing, Street Oriented units with Secondary Suites. The development will provide a total of four parking stalls per unit, where one tandem stall satisfies the requirement for additional parking to support a Secondary Suite. Home Occupation as an accessory use would not be permitted in units with a Secondary Suite.

Municipal Development Plan
Your Bright Future, Municipal Development Plan, 2010 – 2020 (MDP) is the City's primary statutory plan. The proposed amendment is consistent with the land use policies of the MDP and with Figure 8 Future Land Use. The amendment is also supported by Policy and which support increasing residential densities while providing a variety of housing types to create diverse streetscapes in neighbourhoods and increase diversity of housing stock.

Pioneer Area Structure Plan
Pioneer Lands Area Structure Plan, Bylaw C-797-11 (ASP) was most recently amended by Bylaw C-1062-18 in April 2019. The proposed amendment is consistent with Exhibit 3 Development Concept, which identifies the subject site for low to medium density residential land uses.

Land Use Bylaw
The subject site was subdivided and redistricted to the R1 District in August 2017 with the intention of developing Row Housing, Street Oriented. This amendment and redistricting are required to allow Secondary Suites within the Row Homes, which otherwise are not permitted outside of Single Detached Dwellings in the R1 District.

Supporting Rationale
In August 2017, Council approved the underlying subdivision and redistricting to R1 Mixed Low to Medium Density Residential  on the basis that the application was consistent with the approved Area Structure Plan. The R1 District currently allows the applicant to build 16 Row Housing units and each unit would have to provide for a minimum of 2 parking stalls as per the requirements.

Given this existing approval, Administration viewed the application as a marginal intensification, where the built form remains the same in terms of its character, while the extended lot depth in excess of 30.0 m, would sufficiently accommodate the additional two parking stalls, resulting in minimal off-site impact. The proposed development would provide twice as many parking stalls, compared to a standard Row Housing unit, which is only required to provide two parking stalls. This is perceived as a benefit in creating parking capacity.

The subject site is situated adjacent to two other medium to high density sites, to the north along Pioneer Road. As opposed to situating the Row Housing development in the midst of all low density housing, the location of the proposed development supports the principle of gentle transition from Low - Medium - High density development.

Standard Row Housing units, such as those developed in Greenbury have a range of 3 to 4 bedrooms depending on owners choosing to develop unfinished basements. In the proposed development, the maximum number of bedrooms that can be developed are also at a maximum of four. As such, the net ability of the unit to accommodate bedrooms and people remains more or less the same.

While Administration acknowledges that there may be a marginal increase in density stemming from the Secondary Suites, their view is that Secondary Suites are a far safer option due to the units undergoing a Safety Code review and approval process, as opposed to homeowners undertaking basement conversions to accommodate renters or extended family members. 

Following the second reading, Administration has amended the Bylaw by making the following changes, some of which were discussed during the Public Hearing and Second Reading:
  • Removal of minimum site area requirement. This regulation was redundant as the underlying site is already subdivided, and further regulated by minimum site width and lot depth requirements;
  • Clarified the minimum site width for internal and end units. End units in Row Housing uses are generally wider to accommodate side yard setbacks;
  • Adjusted the maximum permissible height from 13.0 down to 12.0 m, as discussed during the Public Hearing;
  • Adjusting the rear yard setback for Principal Building from a minimum of 7.0 m to 14.0 m, to allow for placement of Garage and tandem parking stalls; and
  • Added a new regulation to ensure garages as accessory buildings are approved and constructed concurrent with the Principal Building. This is included to address Council's concern with the timing of construction of accessory buildings, and to ensure that the developer will simultaneously build the housing units, and garages as accessory buildings.
This bylaw is being brought forward for a third reading and incorporates Council's discussion at the Second Reading. Discussion and consideration of changes to the Bylaw may be made prior to Third reading. Alternatively, Council may defeat the motion at third reading.
A Public Hearing was held on January 11, 2021. In order to ensure a transparent process and to consult with affected property owners, the City complied with the requirements under the Municipal Government Act, by advertising the application in the local newspapers, posting the application on the City’s website as well notifying all property owners within 30.0 m of the development by mail, which is a standard practice in our City. 
If approved, the Land Use Bylaw and map will be updated per the Bylaw's Schedule and be published on the City's website.
Approval of this bylaw will enable the development of Row Housing, Street Oriented units with Secondary Suites within the Direct Control District in the Prescott Neighbourhood.

Bylaw C-1139-20 Third Reading