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CITY OF KAMLOOPS BYLAW NO. 5-1-2796 A BYLAW TO AMEND THE ZONING BYLAW OF THE CITY OF KAMLOOPS The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. This bylaw may be cited as "Zoning Bylaw Amendment Bylaw No. 5-1-2796, 2016". 2. Bylaw No. 5-1-2001, as amended, is hereby further amended as follows: a) Lot 2, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B; the East 40 ft. of Lot 3, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B; Lot 3, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B, except the East 40 ft. thereof; and Lot 4, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B, as shown on the plan attached to and forming part of this bylaw, shall no longer be zoned RM-1 (Multiple Family - Low Density) but as RM-2A (Downtown Multiple Family - Medium Density). b) Division Thirty, RM-2A (Downtown Multiple Family - Medium Density), Section 3004, Regulations - Site Specific, as amended, is hereby further amended by adding the following: "- Floor area ratio of 1.67 in the case of Lot 2, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (213 Battle Street); the East 40 ft. of Lot 3, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B (213 Battle Street); Lot 3, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B, except the East 40 ft. thereof (223 Battle Street); and Lot 4, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B (227 Battle Street)." 3. The plans attached to City of Kamloops Bylaw No. 5-1-2001, as amended, shall be and are now amended to show the changes enacted in Section 2(a) of this bylaw. 69
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BYLAW NO. 5-1-2796 PAGE 3 Map attached to Bylaw No. 5-1-2796: 71
REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ00580 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 213, 223, AND 227 BATTLE STREET OWNER/APPLICANT: 1050144 BC LTD. April 5, 2016 PURPOSE To rezone the subject property from RM-1 (Multiple Family - Low Density) to RM-2A (Downtown Multiple Family - Medium Density) site specific, to allow a floor area ratio (FAR) of 1.67; and to issue a Development Permit to regulate the form and character of the development, in accordance with the City Centre Development Permit Area Guidelines and the Multiple Family Development Permit Area Guidelines to facilitate the construction of a 21-unit apartment building in the City Centre neighbourhood. SUMMARY The subject properties are located on the south side of the third block of Battle Street. The development site consists of four properties with three single-family dwellings, all of which will be demolished and the properties consolidated if the application is approved. The properties are currently zoned RM-1 site specific to permit single-family residential use in addition to multiple-family residential use. The RM-1 zone allows a maximum density of 33 units per hectare (six units), a maximum FAR of 0.55, and a maximum building height of three storeys. The applicant is proposing to rezone the subject properties from RM-1 to RM-2A, which allows a maximum density of 125 units per hectare (21 units), a maximum FAR of 1.5, and a maximum building height of four storeys. If approved, the rezoning would allow 15 more units (21 units in total) than what is currently permitted under the RM-1 zone. The proposed building contains four ground-level, two-bedroom townhouses with individual entrances from Battle Street, creating a vibrant and interactive street front. The rest of the development will be made up of 16 twobedroom units and 1 one-bedroom unit. Overall, the proposed site-specific RM-2A zoning meets the goals and policies of KAMPLAN: City of Kamloops Official Community Plan, the City Centre Plan, and the Sustainable Kamloops Plan (SKP). Consistent with KAMPLAN's policies, the development site is designated a Development Permit Area and is subject to the City Centre Development Permit Area Guidelines and the Multiple Family Development Permit Area Guidelines. Accordingly, the applicant has submitted a Development Permit application to address the form and character of the proposed development. The site plan, landscaping plan, building elevations, colour, and materials legend satisfy the intent of the City Centre Development Permit Area Guidelines and the Multiple Family Development Permit Area Guidelines (Attachments "A", "B", and "C"). S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 72
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 2 To facilitate the development, the applicant has proposed five variances as part of the Development Permit, which are supported by staff. The variances include the following: Increasing the maximum lot coverage from 60% to 66%; Reducing the minimum front yard setback from 4.5 m to 2.0 m for the first two storeys; Reducing the side yard setbacks from 4.5 m to 3.9 m for cantilevered projections; Reducing the required parking from 36 spaces to 31 spaces, with cash-in-lieu payment of $2,000 per parking space; and Increasing the maximum permitted percentage of small car parking stalls from 30% to 42%. The Development and Engineering Services Department supports the proposed site-specific rezoning and associated Development Permit as the uses comply with the land use policies outlined in KAMPLAN; and the building elevations, site layout, and landscaping plans submitted with the application meet the intent of the City Centre Development Permit Area Guidelines and the Multiple Family Development Permit Area Guidelines. RECOMMENDATION: That Council authorize: a) A Public Hearing to consider the following: i) Rezoning: Lot 2, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (213 Battle Street); The East 40 ft. of Lot 3, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B (213 Battle Street); Lot 3, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B, Except the East 40 ft. Thereof (223 Battle Street); Lot 4, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (227 Battle Street); from RM-1 (Multiple Family - Low Density) to RM-2A (Downtown Multiple Family - Medium Density); ii) Amending Zoning Bylaw No. 5-1-2001, Division Thirty, RM-2A (Downtown Multiple Family - Medium Density), Section 3004, Regulations - Site Specific, by adding: " Floor area ratio of 1.67 in the case of Lot 2, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (213 Battle Street); The East 40 ft. of Lot 3, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B (213 Battle Street); Lot 3, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B, Except the East 40 ft. Thereof (223 Battle Street); and Lot 4, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (227 Battle Street); S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 73
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 3 b) Subject to approval of item a), issuance of a Development Permit for Lot 2, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (213 Battle Street); The East 40 ft. of Lot 3, Blk. 24, D.L. 232, K.D.Y.D., Plan 194B (213 Battle Street); Lot 3, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B, Except the East 40 Feet Thereof (223 Battle Street); and Lot 4, Blk. 24, D.L. 332, K.D.Y.D., Plan 194B (227 Battle Street); in accordance with the site plan shown as Attachment "A", the landscape plan shown as Attachment "B", and the elevation drawings shown as Attachment "C". Note: Issuance of this Development Permit will vary the following: Division Thirty, RM-2A (Downtown Multiple Family - Medium Density), Section 3003, Regulations by: - Increasing maximum lot coverage from 60% to 66%; - Reducing the minimum front yard setback from 4.5 m to 2.0 m for the first two storeys; - Reducing the side yard setbacks from 4.5 m to 3.9 m to allow cantilevered projections; Division Fifty-Two, Off Street Parking: - Section 5207, Number of Automobile and Bicycle Parking Spaces Required, by reducing the minimum number of automobile parking spaces from 36 spaces to 31 spaces; and Section 5210, Small Car Parking, by increasing the maximum permitted number of small car parking stalls from 30% to 42%. Note: The registration of the Development Permit will be held until the following are submitted: Landscape security in the amount of $26,000; and Cash-in-lieu payment in the amount of $10,000, in accordance with KAMPLAN: City of Kamloops Official Community Plan for issuing variances for five parking spaces at $2,000 per parking space. COUNCIL POLICY There is no applicable Council policy. S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 74
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 4 SITE CONDITIONS AND BACKGROUND Neighbourhood - City Centre KAMPLAN Designation - Urban Current Zoning/Use - RM-1 (Multiple Family - Low Density) site specific/single-family residential Proposed Zoning/Use - RM-2A (Downtown Multiple Family - Medium Density) site specific to permit a FAR of 1.67/ 21-unit apartment building Proposed Variances Division Thirty, RM-2A (Downtown Multiple Family - Medium Density), Section 3003, Regulations by: Increasing maximum lot coverage from 60% to 66%; Reducing the minimum front yard setback from 4.5 m to 2.0 m for the first two storeys; and Reducing the side yard setbacks from 4.5 m to 3.9 m to allow cantilevered projections. Division Fifty-Two, Off Street Parking: Section 5207, Number of Automobile and Bicycle Parking Spaces Required, by reducing the minimum number of automobile parking spaces from 36 spaces to 31 spaces; and Section 5210, Small Car Parking, by increasing the maximum permitted percentage of small car parking stalls from 30% to 42%. Surrounding Uses - Single-family and multiple-family residential Application Date - December 7, 2016 Restrictive Covenant - n/a Project Evaluation Team (PET) - December 18, 2016 Parcel Size - 1,670 m 2 (combined) MOTI Referral - n/a DISCUSSION Site Conditions The subject properties are located on Battle Street in the block between 2nd Avenue and 3rd Avenue, in the City Centre neighbourhood. The development site includes four titles with three addresses, 213, 223, and 227 Battle Street, and three existing dwelling units to be demolished. The site has a total area of 1,670 m 2 and fronts on Battle Street with access from the rear lane. There is access to transit within 100 m of the subject properties, and the services and amenities of the downtown core are easily accessible by walking or cycling. S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 75
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 5 Current Proposal/Zoning The applicant proposes to construct a four-storey apartment building in accordance with the RM-2A zone, with a site-specific amendment to increase the maximum FAR from 1.5 to 1.67. The proposed apartment building contains 21 units (125 units per hectare), including four ground-level, two-bedroom townhouses; 16 two-bedroom units; and 1 one-bedroom unit. The building contains an amenity/exercise room, two common area roof decks, scooter and bicycle parking, and 31 off-street parking spaces (Attachments "A", "B", and "C"). The application includes a professional landscape plan and complies with the 30% minimum landscaping requirement. KAMPLAN: City of Kamloops Official Community Plan/City Centre Plan KAMPLAN designates the subject properties Urban, which supports multiple-family residential development. Distribution of multiple-family developments in a variety of locations throughout the City is encouraged to increase diversity within neighbourhoods and to prevent the concentration of high-density housing. The Urban designation supports net densities of between 10-150 units per hectare. Higher densities are encouraged in areas of greatest accessibility, along transit routes, or adjacent to major services. The proposed development site is located along a transit route, has a bus stop within 100 m, and is located in close proximity to the downtown core. The development includes 24 secure, indoor bicycle/scooter storage spaces. To ensure sensitive integration, KAMPLAN recommends development cells be limited to approximately 50 units per development. The proposed building contains 21 units, which falls within the recommended parameters. The development's combination of townhouse and condo units is in line with the objective to provide a mix and range of housing types within neighbourhoods. The City Centre Plan encourages retaining and enhancing the desirable qualities of the neighbourhood and achieving a good fit between new and existing development. It is a guiding principle of the plan to achieve a sensitive integration process of redevelopment from old to new housing stock. The proposed development site is designated mixed low/medium density and is located in the West End Character Area immediately bordering the Downtown South Character Area. The West End Character Area supports multiple-family residential consisting of three to four units per lot, which would allow up to 12 units on the three properties. The neighbouring Downtown South Character Area supports multiple-family residences, including high-rise buildings on consolidated parcels of up to 75 units per hectare. Staff are of the opinion that the proposed four-storey, 21-unit building will provide a density transition from the higher density allowed on the CBD-zoned properties at the corner of Battle Street and 3rd Avenue to the neighbouring three-storey apartment building at the corner of 2nd Avenue, and to the adjacent single-family residential area. The remaining single-family dwelling located between the development site and the CBD zoned properties at the corner of 3rd Avenue could be incorporated into future redevelopment. Given the proximity to the downtown core and the objectives of KAMPLAN and the SKP, staff feel the scale and density of the development are appropriate in this case. S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 76
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 6 Development Permit All multiple-family developments are designated as a Development Permit Area in accordance with KAMPLAN. Further, the subject properties are also located within the City Centre Development Permit Area; therefore, the properties are subject to the City Centre Development Permit Area Guidelines and Multiple Family and Development Permit Area Guidelines. The intent of the guidelines is to ensure that development achieves a high quality of design and residential livability that is compatible with and contributes positively to neighbourhood character and urban form. The Development Permit application must address the form and character of the development, including exterior design, colour treatments, amenity space, landscaping, site design, and parking. Building Form and Character The City Centre Development Permit Area Guidelines and the Multiple Family Development Permit Area Guidelines are satisfied through a combination of earth-tone colours and the use of a variety of colours and building materials, including HardiePanels, stucco and brick veneer accented with fir beams, and glass deck railings. Glazing and balconies provide further visual interest and evoke an interactive streetscape. Multiple rooflines and vertical and horizontal articulation punctuate the building faces, and, as a result, they break up the overall massing of the building. The structure has been designed to step down along the east elevation toward the adjacent dwelling unit. Stepping the building creates separation, adds articulation to the building, and helps mitigate the impact of the four-storey building height (Attachments "A" and "C"). While the building has a combination of heights of five storeys, four storeys, and three storeys, the average height of the building is four storeys, which meets the RM-2A maximum height requirement. The ground-level townhouses with individual accesses to Battle Street increase the street appeal of the development. The proposed building complies with the four-storey building height permitted in the RM-2A zone and is one storey higher than would have been permitted under the existing RM-1 zoning. Landscaping As required by the Development Permit application process, a detailed landscape plan prepared by a professional landscape architect has been submitted (Attachment "B"). The plan includes the planting of a variety of grasses, shrubs, and perennials along the Battle Street frontage. Privacy and screening hedges are proposed along the side property lines along with shrubs, perennials, ornamental grasses, turf grass, and decorative walkways. Extensive plantings complement the front and side elevations of the building, beautifying entrances and common areas, thereby increasing street appeal. The RM-2A zone requires 30% of the total site area be provided as landscaped open space for the use of the residents in conjunction with the provision of amenity space outlined in the Multiple Family Development Permit Area Guidelines. These requirements facilitate the provision of both active and passive recreational opportunities for residents. The proposed development includes landscaping, an amenity/exercise room, and two common area roof decks for the use of the residents, which totals 33% of the total site area and satisfies the zoning requirements and the Development Permit Area Guidelines. Landscape security of $26,000 (125% of the total landscape estimate) will be required prior to registration of the Development Permit. S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 77
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 7 Parking Variances As part of the Development Permit application, the applicant has requested the following variances to accommodate parking: Reduce the required parking from 36 spaces to 31 spaces, with cash in lieu payment of $2,000 per parking space; and Increase the maximum permitted percentage of small car parking stalls from 30% to 42%. Parking requirements for multiple-family developments are calculated based on the bedroom count of the proposed units. In this case, the development contains 20 two-bedroom townhouse and condo units, which require 1.6 parking spaces per unit and 1 one-bedroom unit, which requires 1.1 parking spaces per unit, requiring a total of 33 parking spaces. The application qualifies for a 5% parking reduction through the provision of 40% covered, heated, and secured bicycle parking, bringing the overall total parking required to 31 parking spaces. Multiple-family developments are required to provide an additional 15% of the required parking (five spaces) as visitor parking; therefore, a total of 36 parking spaces is required for the proposed development. The applicant proposes a variance (Attachment "A") to remove the requirement for five parking spaces for visitor parking by providing a cash-in-lieu payment of $2,000 per space ($10,000 total) to be contributed to the Public Transportation and Pedestrian Upgrades Reserve Fund. Accordingly, the development would have 31 parking spaces for 21 units. The development will qualify for up to six on-street parking permits, in accordance with Traffic Control Bylaw No. 23-30. KAMPLAN supports parking space reductions where alternative forms of transportation are available. The reduction to the required number of parking spaces from 36 to 31 and removing the requirement for visitor parking is acceptable, given that the development is located on a transit route, is in proximity to the City Centre, provides secure bicycle storage. A variance has also been requested to increase the total percentage of small car parking spaces from 30% to 42% (Attachment "A"). Similar small car variances have been approved on a number of multiple-family projects in the City Centre neighbourhood without resulting in significant negative impacts. Staff will be reviewing small car parking along with all parking standards in the future. Variances As a part of the Development Permit application, the applicant has requested the following variances to facilitate the proposed development: Increase the maximum lot coverage from 60% to 66%; Reduce the minimum front yard setback from 4.5 m to 2.0 m for the first two storeys; and Reduce the side yard setbacks from 4.5 m to 3.9 m for cantilevered projections. S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 78
REZONING APPLICATION NO. REZ00580 April 5, 2016 DEVELOPMENT PERMIT APPLICATION NO. DPM00547 Page 8 The applicant is requesting a 2.0 m front yard setback for the first two storeys of the building, which will allow for the development of four ground-level townhouses that create greater interaction with the street. The 0.6 m encroachment into the side yard setback applies to the cantilevered feature and eave only, while the foundational wall of the building complies with the required 4.5 m setback. The cantilevered feature adds articulation and visual interest to the building face. The applicant has requested an increase to the maximum permitted lot coverage from 60% to 66%, which is considered minor. Staff support the requested variances (Attachment "A"), as they will allow for increased architectural design, break up the massing of the building, and add aesthetic appeal to the development. Technical Considerations The subject property is serviced with existing municipal infrastructure, including water and sanitary sewer. Upgrades to extend the storm infrastructure from 3rd Avenue may be required, as well as upgrades to provide required fire flows to the proposed building. Lane upgrades are required and may also include drainage upgrades. All changes or upgrades to existing and new services will be at the applicant's expense. Garbage collection will be from the lane via eight garbage and recycling toters, and the Environmental Services Section has approved the proposed collection strategy. SUSTAINABILITY IMPLICATIONS The SKP strives to achieve a balance between social, economic, and environmental sustainability, which includes developing land in a compact and efficient manner that reduces the impact of the built environment on the natural environment. The SKP also encourages a range of housing choices and density to satisfy the social and economic desires of community residents. This rezoning supports policies in the SKP, including: Increasing the density of development by 25% by 2050 and achieving a rate of growth that is 50% of the rate of population growth (e.g., if population is growing by 10%, the urban area should grow by a maximum of 5%); and Allowing a minimum overall density of residential developments in new neighbourhoods of 25 units per hectare (in this case, a density of 200 units per hectare is achieved). M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: B. L. McCourt, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Martin, MCIP, RPP, Planning and Development Manager BLM/lm/dla Attachments S:\DCS\Jobs (c3)\241441_rez00580 DPM00547_REP\241442_REZ00580 DPM00547_REP.docx 79
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