706 Herridge Lane
706 Herridge Lane
Council is requested to pass first and second readings of the OCP Amendment Bylaw
No. 3462, 2019 and Zoning Amendment Bylaw No. 3463, 2019, and first, second and
third reading to the Off-Street Parking and Landscape Amendment Bylaw No. 3464,
2019.
BACKGROUND:
The existing building was built in 1901 and was formerly a boarding house. In recent
years, it has hardly been occupied and today is likely unsafe for occupancy. A
Development Permit was issued in 2008 to a previous owner to renovate and convert
the existing building into three apartments of approximately 1,150 sq. ft. each, but the
project did not go ahead. The property was recently purchased by the applicants. The
proposed plans are attached. The development consists of eight small apartments,
each ranging from 213 to 316 square-feet. All units will be rental apartments. (Since it is
an existing building, the owners would need to reapply to City Council to request
permission to stratify the building.)
The current zoning (R3) already allows for unlimited density, but a rezone is required to
include the commercial element. There are a few additional elements of both the
existing building and the proposed project that do not conform to the R3 zone:
a) Allowing for undersized residential dwellings as small as 210 sq. ft. (the zoning
bylaw’s minimum is 280 sq. ft.)
b) 70% lot coverage (R3’s maximum is 45%, but C1 allows for 90%)
c) Allowing for zero setback along Herridge Lane.
The MU6 zone is designed as a hybrid between R3 and C1. The proposed zone allows
for most of the same commercial uses as C1. Like R3, it allows for multi-unit residential
(three or more units), but the new MU6 zone does not allow for single-family homes or
duplexes. Most notably, unlike both R3 and C1, the new zone does not permit either
short-term rentals or tourist accommodation. It only allows for commercial at-grade on
Herridge Lane, not on Victoria St., in order to preserve a residential streetscape.
The lot size is 3,000 square-feet (25ft x 120ft) and the proposed lot coverage is 59%.
Both immediate neighbouring properties are zoned R3, however C1 is the zoning
immediately across the lane.
Although it is proposed to apply this new zone only to 706 Herridge Lane at this time,
the zone has been designed to perhaps be used in the future by other properties that
are also on the border between R3 and C1.
1) Amend subsection a.(iv)1 to make the waste & recycling requirements the same
for MU6 as they are for R3, since MU6 is primarily residential.
2) Delete the minimum 4-metre height clearance requirement for waste and
recycling facilities for commercial and mixed-use (subsection (b)2). As this is
primarily a residential development on a small lot, this regulation is considered
onerous. Furthermore, staff have not found this requirement to be necessary or
beneficial, and thus propose removing it altogether.
Parking
This property is exempt from providing off-street parking by the Off-Street Parking and
Landscape Bylaw, which states that mixed-use developments do not need to provide
additional parking so long as there is no new gross floor area added. 706 Herridge Lane
has no off-street parking. One or two spaces could be made where the commercial unit
is proposed, but it would not be feasible to build any off-street parking off Victoria Street
due to the topography and the property’s relationship to the intersection.
Staff have required the applicant to propose a parking plan as a condition of the rezone.
1 The Zoning Bylaw’s section on waste and recycling currently reads: “In the R3 – Downtown Residential
Zone, facilities shall be located a minimum of 1.0m from any side lot line adjoining a lot zoned for
residential use.”
2 “Despite 1.9 (v), on any lot with multi-unit residential use where there are ten or more residential units,
or industrial, commercial or public and institutional uses:
i. The total minimum size for a waste and recycling facility shall be 11 sq. m. with a minimum
clearance above any dumpster, or recycling or refuse container of 4.0m.”
Normally, each dwelling unit without an off-street parking space is entitled to one free
street parking permit. In order to avoid excessive new street parking demand due to this
development, the attached parking plan has been proposed (which includes the
developers donating a vehicle to the Kootenay Carshare Co-op that will be parked on-
street at the property on Victoria St, and buying a membership for each of the 8 units),
but with the following modifications:
- 4 permits will be issued for the property, not 6 as requested by the applicant
(therefore only 1 out of 2 dwelling units may have a parking permit). A covenant
would be placed on title to this effect.
- The City will not be re-designating any 2-hour parking on Victoria as “resident
only” at this time
The size of the units and their proximity to the downtown offer a strong rationale to
believe that there will be a market for a limited number of units to be provided without
any parking options. Requiring off-street parking on a property of this size and this
topography would, if at all feasible, significantly increase the cost per-unit and/or result
in fewer units built. Rental housing in general generates less parking demand than
strata: a Metro Vancouver study found that across the region, tenants of market-rate
rental housing tend to have 0.6 vehicles per household, nearly half that of strata
buildings. Accordingly, many cities have lower parking requirements for rental units.
Under this parking plan, the impact on existing street parking is expected to be minimal:
on the 600, 700, and 800 blocks of Victoria, there are approximately 35 resident-only
spaces and 25 two-hour spaces, for a total of 60 spaces. In 2019 there are currently 20
permits issued for these three blocks (which includes residents of Baker Street who
park on Victoria). In 2018, there were 47 permits issued. Therefore, the addition of five
new vehicles (four permits and one Carshare vehicle that will be available to the entire
Carshare membership) is expected to be manageable.
Furthermore, the proposal revitalizes a building that has a history of high density, but is
currently unoccupied and derelict. The design has minimal impact on the residential
façade along Victoria by orienting itself towards Herridge Lane. Its in-lieu-of-parking
strategy both requires and facilitates alternatives to private vehicle ownership. The
commercial unit may also contribute to the vitality of Herridge Lane and the Hall Street
Plaza area.
The building does not have a heritage designation. Although there are modern elements
to the design, the developers have chosen to retain and work within the existing shell.
Figure 1 of the Official Community Plan (OCP) designates 706 Herridge Lane as being
part of the downtown.
Objective #17 (p. 31) To encourage mixed use buildings in the Downtown and
accommodate residential units above retail/office uses.
Policy #2 (p. 31) To infill key vacant or underutilised mixed use parcels within the
Downtown to reinforce its position as the nucleus of the City.
Policy #5 (p. 32) Redevelopment of underutilized sites and infill development of vacant
sites within the existing Downtown core is encouraged to be mixed-use, with retail at
grade and office or residential uses above.
Policy #13 (p. 32) The City will encourage the infill and redevelopment of vacant or
underutilized lands through a variety of means, including consideration of variances
for off-street parking requirements when contributions to active transportation
infrastructure or other broader community benefits are proposed, and include
consideration of alternatives to single occupant vehicle use (e.g. bicycle parking,
bicycle storage, coop vehicles, etc.), tax relief, or a Business Improvement Area.
Policy #1 (p. 26) To achieve a geographical distribution and mix of housing types,
densities, and tenures throughout the City of Nelson in order to provide the community
with a variety of housing choices and lifestyle options.
Policy #3 (p.26) To increase the supply of available building sites and to encourage
residential infill in residential neighbourhoods.
Objective #2 (p.45)
Encourage the development of new rental housing
Support the development of a broad range of housing
Promote innovative approaches and design
Policy #6 (p.46) The City will consider measures to support development of purpose-
built rental housing. These measures can include consideration of variances to reduce
the off-street parking requirements, and fee and/or tax reductions.
Policy #20 (p.47) Residential infill and intensification including small houses.
Strategy #7: Adopt a youth‐friendly housing policy. (This rezone application provides for
entry-level housing options that can be expected to be more accessible for single young
adults.)
Strategy #17: Leverage underutilized land and buildings towards increasing the supply
of affordable housing.
Sections 2.5 and 3.3.2.5 recommend the commercial intensification of downtown lanes.
COMMUNICATION:
If the application moves forward, a Public Hearing along with required notifications
pursuant to the Local Government Act and the Development Applications Procedures
Bylaw will be scheduled.
The application was presented to the Advisory Planning Committee (APC) at its July
meeting. The APC recommends that Council approve the rezoning and OCP
amendments.
On June 9th, 2019, the applicant held a public open house, as required by the bylaw.
Thirty invitations were distributed to the doors of adjacent residences. Posters were also
placed on both property frontages for passers-by. Three people attended the open
house, held at Sidewinders Café, just a block from the subject property. The applicant’s
report is attached.
As required by the bylaw, a “notice of development” sign was erected in May, within 10
days of application, on both the Victoria and Herridge frontages. Development Services’
contact information is on the signs. Staff have only heard from one nearby resident who
asked a number of questions, but noted no concerns.
The application was circulated to City staff in Nelson Hydro, Engineering and Public
Works, Building Inspection, and Fire and Rescue Services. No concerns were noted.
ATTACHMENTS:
1. Official Community Plan Amendment Bylaw
2. Zoning Amendment Bylaw
3. Off-Street Parking and Landscape Amendment Bylaw
4. Zoning comparison table
5. Location Map
6. Site photos
7. Parking proposal
8. Open House Consultation Summary
9. Applicant Proposal and tentative development plans
RECOMMENDATION:
That Council passes the following resolutions:
1. THAT Official Community Plan Amendment Bylaw No. 3462, 2019 be introduced
and read a first and second time by title only.
2. THAT Zoning Amendment Bylaw No. 3463, 2019 be introduced and read a first
and second time by title only.
3. THAT staff be directed to schedule a Public Hearing for Official Community Plan
Amendment Bylaw No. 3462, 2019 and Zoning Amendment Bylaw No. 3463,
2019.
4. THAT Off-Street Parking and Landscape Amendment Bylaw No. 3464, 2019
introduced and read a first and second time by title only.
5. THAT Off-Street Parking and Landscape Amendment Bylaw No. 3464, 2019 be
read a third time by title only.
6. THAT staff be directed to restrict the street parking permit eligibility for 706
Herridge Lane to four permits, and require compliance with the carsharing
components of the 706 Herridge Lane Parking Proposal as a condition of a future
development permit.
___________________________ ____________________________
The Council of the Corporation of the City of Nelson considers it desirable and
expedient to amend “THE CORPORATION OF THE CITY OF NELSON OFFICIAL
COMMUNITY PLAN BYLAW NO. 3247, 2013” (hereinafter called “the Bylaw”);
The Council of the Corporation of the City of Nelson, in open meeting assembled enacts
as follows:
1. That Lot 20 Block 7 Plan NEP9500 District Lot 95 Land District 26 (PID 009-926-
097), be re-designated from Multi Unit Residential to Mixed-Use Core on
Schedule B of the “City of Nelson Official Community Plan Bylaw No. 3247,
2013” as shown on attached Schedule A.
_____________
Mayor
____________
Corporate Officer
THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3463, 2019
The Council of the Corporation of the City of Nelson considers it desirable and expedient to
amend “The City of Nelson Zoning Bylaw No. 3199, 2013” (hereinafter called “the said
bylaw”);
The Council of the Corporation of the City of Nelson, in open meeting assembled enacts as
follows:
1. That Schedule B of the said bylaw be amended by rezoning the land on Lot 20 Block
7 Plan NEP9500 District Lot 95 Land District 26 (PID 009-926-097) (706 Herridge
Lane) from R3 Downtown Residential to MU6 Downtown Mixed-Use as shown on
the attached Schedule A.
2. That the said Bylaw be amended by deleting the following words from section
1.2.9(a)(iv) of Schedule “A”:
3. That the said Bylaw be amended by deleting the following words from section
1.2.9(b)(i) of Schedule “A”:
4. That a new section, 5.7, MU6 Downtown Mixed-Use – Residential & Commercial
Zone be added to Section 5 of Schedule “A”:
1. Purpose
The purpose is to designate and preserve land for the development of residential and
commercial uses adjacent to Herridge Lane or the lane between Victoria and Silica Streets.
2. Permitted Uses
The following uses of land, buildings and structures, or a combination thereof, and no others
shall be permitted in the MU6 Downtown Mixed-Use Zone:
a. Art Gallery and Museum
b. Animal Daycare
c. Care Services
d. Commercial School
e. Craft Brewery/Distillery
f. Custom Indoor Manufacturing
g. Early Childhood Development Centre
h. Entertainment Facility
i. Health Services
j. Live/Work
k. Mechanical Repair and Service
l. Mobile Food Vendor
m. Mobile Retail Vendor
n. Multi-Unit Residential
o. Multi-Unit Residential and
1. Laneway House (subject to section 1.1.9 of Schedule “A”)
p. Neighbourhood Pub
q. Off-Street Parking
r. Participant Recreation Services, indoor
s. Personal Service Establishment
t. Printing and Publishing Establishment
u. Professional and Business Offices
v. Public Administration
w. Market
x. Restaurant
y. Retail Store
z. Social Services Centre
aa. Veterinary Clinic
3. Conditions of Use
a. A lot must contain at least one residential dwelling unit.
b. Commercial storage permitted when accessory to a permitted use. Accessory commercial
storage use cannot occupy more than 50% of the gross floor area of the building, and shall
not be located to have direct street frontage.
c. Exterior, unenclosed storage of goods or materials is not permitted.
d. Non-residential uses must front the rear lane and may not front the street.
e. Residential uses must compose the entirety of building facades facing Victoria and Silica
Streets.
f. A maximum of 50% of the building footprint shall be used for non-residential uses.
g. Animal Daycare use must be within an enclosed building.
4. Single-Family Residential
Any lot that has been developed as a single-detached or duplex residential dwelling prior to
the adoption of Bylaw 3199, 2013 is permitted to be repaired, extended or altered so that it
remains a residential building. This permission includes the ability to add a secondary suite
or a laneway house.
6. Lot Coverage
Buildings and structures shall not cover more than 70 percent of the lot area.
8. Site-Specific Regulations
Bylaw Requirement Address Legal Description(s)
Minimum dwelling unit size: 706 Herridge Lane Lot 20 Block 7 District Lot
19 sq. m. 95 Kootenay District Plan
9500
5. This Bylaw may be cited as "Zoning Bylaw Amendment (MU6 Zone) No. 3463,
2019".
READ A FIRST TIME the day of 2019
READ A SECOND TIME the day of 2019
PUBLIC HEARING held the day of 2019
READ A THIRD TIME the day of 2019
________________________
Mayor
________________________
Corporate Officer
Schedule A: Proposed Zoning for 706 Herridge Lane
THE CORPORATION OF THE CITY OF NELSON
The Council of the Corporation of the City of Nelson considers it desirable and
expedient to amend “The Corporation of the City of Nelson Off-Street Parking and
Landscape Bylaw No. 3274, 2013” (hereinafter called “said Bylaw”);
The Council of the Corporation of the City of Nelson, in open meeting assembled enacts
as follows:
1. That the said Bylaw be amended by deleting the following rows from the table in
section 7.3(1):
2. This Bylaw may be cited as "Off-Street Parking and Landscape Amendment (MU6
Zone) Bylaw No. 3464, 2019".
Mayor
Corporate Officer
Page 1
R3 C1 NEW – MU 6
Uses Short‐Term Rental, See zoning bylaw – Multi‐unit residential,
Duplex, Multi‐Unit, residential only allowed but not single‐family
Single‐Detached with above or behind a residential or duplex
suite (ready) commercial use
No short‐term rental or
tourist accommodation
allowed
Most C1 uses will be
allowed (e.g.
restaurant, store, etc.)
except the following:
‐ Broadcasting studio
‐ Cannabis retail
‐ Car wash
‐ Funeral Home
‐ Public Assembly
‐ Tourist
Accommodation
Lot coverage 40% 90% 70%
Density No maximum as long as No maximum No maximum
over 278 sq. m.
Front setback 3m 0m 3m
Rear setback 3m 0m 0m
Side setbacks 1m 0m (but 3m if adjacent 0m (but 1m if there is
to residential or if there no lane)
is no back lane)
Max. height 10m 16m 10m
Height envelope Applies Does not apply Does not apply
For 706 Herridge Lane, the front setback is the one along Victoria Street and the rear setback is along
Herridge Lane.
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Map Scale: 1:653
Rezoning Application 0 5 10 20
m
Choosing to not own a vehicle is becoming an increasingly common practice. There is clearly a shift
away from carbon intensive transportation and toward more ethical ways of getting around. At 706
Herridge lane we strive to capitalize on this trend by offering small footprint rental units close to all the
services within downtown Nelson. It is our goal to provide housing for tenants who share these values.
With regards to parking for the residents of 706 Herridge Lane, we propose that the city grant us 6
parking permits along Victoria Street. This could be done without negatively affecting existing
residential parking by extending the “resident only parking” west along the north side of Victoria Street
toward Josephine Street. (as seen in street layout defined by the thick lines). Making more spots
available for resident only parking would benefit the entire neighbourhood.
To discourage individual car ownership we propose including a membership in the Kootenay Carshare
Coop for each of the eight units in 706 Herridge Lane valued at $4000. Since this would increase the
number of car share users downtown we also propose donating a car with an approximate value of
$6000 that is deemed acceptable by the Carshare Coop into their fleet or providing them with the same
amount of money to purchase one. The addition of the vehicle to the Carshare's fleet would draw upon
previously made parking arrangements between the Kootenay Carshare Coop and the City of Nelson,
namely a spot on Josephine street between Victoria Street and Baker Street.
706 Herridge Lane
public information session
Thirty invitations to the information session were delivered to the doors of residents of
the 600 to 800 block of Victoria Street, 500 block of Hall Street, 500 block of Hendryx
Street and 700 block of Herridge Lane. The delivery was done in person with a knock on
the door. Most people were home and the majority expressed verbal support. Posters
advertising the session were also posted on the Herridge Lane and Victoria Street sides
of 706 Herridge Lane adjacent the Notice of Development signs.
The public information session was held on June 9th from noon to one thirty. A tri-fold
display was presented. It contained an overview of the project, an introduction to the
developers and the parking plan. The proposed mixed use zoning document was
displayed as were multiple three dimensional renderings of the proposed building. A
copy of the submitted rezone application was also provided. An attendance sheet and
comment cards were available to be filled out.
Three people to whom invitations were delivered showed up. A neighbour and her son
were the first to arrive and exhibited tepid support. The son was concerned with the
potential for a “neighbourhood pub” to appear in the commercial space in 706. Thomas'
email address was requested and given to the mother who provided little feedback at the
time. Both signed the attendance sheet and in terms of level of support indicated a 1 and
2 out of five. The other relevant attendee was excited to see the vision come to fruition
and indicated a 5 for level of support.