DocumentsBylawFeb 15, 2016Pages 77–82
BYLAW NO. 1597 — Langford Zoning Bylaw, Amendment No. 440 (3416 Hazelwood Rd) (Adoption)
Bylaw 1597 amends the zoning bylaw for 3416 Hazelwood Rd (Amendment No. 440); listed as a bylaw for adoption in the agenda.
Key facts
- Bylaw No.: 1597
- Subject: 3416 Hazelwood Rd
- Agenda section: Bylaws (Adoption)
DNA Analysis Fact Sheet
Background:
- Biological Casework Analysis (DNA) for police agencies in British Columbia is provided by the RCMP Forensic Sciences and Identification Services (FS&IS) lab under the National Police Services (NPS).
- NPS is a federally funded program operated under the stewardship of the RCMP. It provides services (such as The FS&IS Lab, the Canadian Firearms Program, the Violent Crime Linkage Analysis System, the National Sex Offender Registry, etc.) directly to police agencies across Canada.
- In 2004, provinces and territories agreed to contribute to Biological Casework Analysis and entered into Contribution Agreements with Canada.
- Historically, the Province of BC has contributed $1.566 million for the RCMP FS&IS lab to provide DNA analysis services to police agencies in BC.
- In 2013 the Federal Government advised that it would no longer continue to provide BCAA services at the historical flat rate wilful:ration and would require reimbursement based on actual costs.
- The new Agreement Respecting Biology Casework Analysis 2014-2024 (BCAA) has been negotiated as a result.
- After negotiations between the Province and Public Safety Canada (PSC) regarding the provision of DNA analysis services to police agencies in British Columbia, the new agreement was endorsed by both the Provincial Minister of Justice and the Federal Minister of Public Safety and Emergency Preparedness. The PSC billing for fiscal years 2014/15, 2015/16 and 2016/17 are fixed amounts per the agreement. After the three-year escalation period, Canada will contribute 46% of the total cost.
- Under the new BCAA, after a three-year escalation period (which began in fiscal 2014/15), DNA analysis services will be charged based on a calculation that reflects two-year average actual usage. As per s. 15 (1) of the Police Act, in British Columbia, police agencies are responsible for bearing expenses necessary to maintain law and order, to adequately enforce criminal law, and to provide adequate equipment and supplies for the operations of and use by the police.
- DNA analysis is not a service provided under the Provincial (or Municipal) Police Service Agreement.
- In order to allow police agencies time to transition the Province is paying the full cost of the new BCAA from April 1, 2014 to December 31, 2015 of the escalation period.
- All police agencies will be responsible for their actual use of the service as of January 1, 2016.
New Process:
- The Organized Crime Agency of British Columbia (OCABC) will function as the administrator for the new BCAA.
- OCABC will invoice police agencies in October 2015 for their January 1, 2016 to March 31, 2016 BCAA services. Payment of this invoice will be due by February 29, 2016.
- Annually OCABC will invoice police agencies in April starting in 2016 for BCAA services for the period April 1 to March 31. Payment of this invoice will be due by June 30 of each year also starting in 2016 (i.e. approximately 60 days from invoice date).
- Starting in fiscal year 2017/18 when the charges from PSC are no longer fixed, OCABC will invoice police agencies based on an estimate. Any difference between this estimate and actual PSC invoice, which is received later in the year, will be adjusted in the following year's invoice to police agencies.
Billing Calculation:
- The method of calculation for determining the total cost for DNA analysis in Provinces and Territories each year is set out in the new BCAA.
- The Province of British Columbia will continue to contribute the historical amount of $1.366 million.
- The amount of the total cost for DNA analysis in the province that remains after the Province has paid its contribution of $1.366 million will be distributed proportionally among police agencies based on each agency's two year average usage compared to the total usage of all law enforcement agencies in British Columbia.
Contact:
- Ministry of Justice
- Policing and Security Programs
- Telephone: 250 587-1110
- Fax: 250 356-7747
- PO Box 9205 Stn Prov Govt, Victoria BC V8W 9J7
- Website: munw.gov.bc.ca/pss
City of Langford — Staff Report
Report metadata
- Date: February 15, 2016
- Department: Planning
- Application No.: 215-0017
- Subject: Bylaw No. 1597; Application to rezone 3416 Hazelwood Road from RR5 (Rural Residential 5) to the RS3 (Residential Small Lot 3) zone to permit the development of approximately 10 one-family dwellings and 4 townhouses
At their Regular Meeting of October 5th, 2015, Council passed the following resolution with respect to the property at 3416 Hazelwood Road:
- Direct staff to prepare a bylaw in accordance with the proposal to amend the zoning designation of the property located at 3416 Hazelwood Drive from RR5 (Rural Residential 5) to RS3 (Residential Small Lot 3), subject to the following terms and conditions (completed within Bylaw No. 1597): a) That the owner agrees to provide, as a bonus for increased density, the following contributions per new multi-family dwelling created, prior to building permit: i. $3,660 towards the General Amenity Reserve Fund; and ii. $610 towards the Affordable Housing Reserve Fund. b) That the owner agrees to provide, as a bonus for increased density, the following contributions per new lot created, prior to subdivision approval: i. $3,960 towards the General Amenity Reserve Fund; and ii. $660 towards the Affordable Housing Reserve Fund;
- That Council amend the RS3 zone for the subject property only, to permit one lot to be 200m2 in area and that the remainder lots be no less than 215m2 in area for the one-family dwelling lots and that the lot width of the one-family dwellings is permitted to be 8.4m (with the smaller lot at 7.6m wide). (completed within Bylaw No. 1597)
- That Council amend the RS3 zone for the subject property only, to allow the one-family dwellings and townhouses to be three storeys in height.
- Direct the Director of Planning to vary the setbacks in accordance with the proposal in the Development Permit. (completed within Bylaw No. 1597)
- That the applicant provide, prior to bylaw adoption, a Section 219 covenant that acknowledges the legal noise nuisance from the South Vancouver Island Rangers gun range and the legal agriculture uses in the neighbourhood. (secured by covenant);
COMMENTS
The applicants' lawyer has provided a draft Sec. 219 covenant that agrees to item 5 in Council's resolution of October 5th, 2015 and their unrestricted letter of undertaking to register this covenant against the title of the subject property immediately following 4th reading.
Bylaw No. 1597 does not require the signature of the Minister of Transportation prior to adoption.
OPTIONS
That Council:
- Adopt Bylaw No. 1597;
- Take no action at this time with respect to Bylaw No. 1597;
Matthew Baldwin, MCIP, RPP
Brent Molnar, AScT
Director of Planning
Michelle Mahovlich, P.Eng
Director of Engineering
Steve Ternent
Treasurer
Manager of Land Development
Jim Brayden
Administrator
CITY OF LANGFORD
BYLAW NO. 1597
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:
A. Langford Zoning Bylaw No. 300, 1999 is amended as follows:
By deleting from the RR5 (Rural Residential 5) Zone and adding to the RS3 (Residential Small Lot 3) Zone the property legally described as PARCEL A (DD G360) OF LOT 1, SECTION 85, METCHOSIN DISTRICT, PLAN 12469, PID 000-156-884 (3416 Hazelwood Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.
By deleting Section 6.27.01(10) and replacing it with the following: "(10) Townhouses on the properties legally described as: PID 002-559-285 (3306 Happy Valley Rd) and PID 003-620-603 (3310 Happy Valley Rd) and PID 005-198-143 (3326 & 3328 Happy Valley Rd) and PID 018-357-776 (3338 Happy Valley Rd) and PID 018-357-784 (3340 Happy Valley Rd) and PID 004-491-823 (3344 Happy Valley Rd) and PID 000-156-884 (3416 Hazelwood Rd)."
By deleting Section 6.27.02(2) and replacing it with the following: "(2) No lot for a one-family dwelling use may be created with a lot width of less than 9m and no lot for a townhouse/attached housing use may be created with a lot width of less than 5m."
By deleting Section 6.27.02(3) and replacing it with the following: "(3) No lot created for a one-family dwelling use, with the exception of those listed in Table 1 below, may be created having a building envelope width or depth of less than 6m (20ft) nor a building envelope area of less than 74m2 (800 ft2)";
By deleting Section 6.27.02(6) and replacing it with the following: "(6) Notwithstanding Subsection 6.27.02(1), on land whose legal description is set out in Table 1 of Schedule AD, the minimum lot size for subdivision of lots for a one-family dwelling use may be 220 m2 (2,368 ft2) and lots for a townhouse/attached housing use, where permitted in Section 6.27.01, may be 100 m2 (1,076 ft2) if the owner of the land proposed to be subdivided: (a) pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the time of subdivision for one-family dwelling lots and prior to the issuance of a Building Permit for a townhouse/attached housing use; (b) enters into a housing agreement and covenant with the City in respect of at least the number of parcels in the subdivision indicated in Column 4 of Table 1 of Schedule AD, which parcels may have an area of not less than 220 m2 (2 368 ft2) and no more than two of which parcels may be contiguous along their interior side lot lines, requiring the owner to construct on each such parcel
By deleting Section 6.27.02(7);
By deleting Section 6.27.02(8);
By adding the following as Section 6.27.02(7)
"(7) Notwithstanding Subsections 6.27.02(6) and 6.27.02(2), the minimum lot size and minimum lot width for subdivision of lots for a one-family dwelling use may be further reduced for the properties listed in Table 1 below as indicated:
Table 1
Legal Description Minimum Lot Size Minimum Lot Width PID 002-559-285 (3306 Happy Valley Rd) and PID 003-620-603 (3310 Happy Valley Rd) and PID 005-198-143 (3326 & 3328 Happy Valley Rd) and PID 018-357-776 (3338 Happy Valley Rd) and PID 018-357-784 (3340 Happy Valley Rd) and PID 004-491-823 (3344 Happy Valley Rd) 176m2 (1,864 ft2), provided that the one-family dwelling has one side yard setback at a Om 005-198-143 (3326 & 3328 interior side yard setback Happy Valley Rd) and PID 018-357-776 (3338 Happy Valley Rd) and PID 018-357-784 (3340 Happy Valley Rd) and PID 004-491-823 (3344 Happy Valley Rd) 6m (20ft) PID 000-156-884 (3416 Hazelwood Rd) 215 m2 (2,368 ft2), except one lot included in the plan of subdivision may be 200 m2 (2,152 ft2) 8.4m (27.5 ft), except one lot included in the plan of subdivision may be 7.6m (24.9 ft) (Note: Table 1 content preserved as presented in the source text.)
By deleting Section 6.27.05(4) and replacing it with the following: "(4) No one-family dwelling may exceed a height of three storeys on the properties legally described as: PID 002-559-285 (3306 Happy Valley Rd) and PID 003-620-603 (3310 Happy Valley Rd) and PID 005-198-143 (3326 & 3328 Happy Valley Rd) and PID 018-357-776 (3338 Happy Valley Rd) and PID 018-357-784 (3340 Happy Valley Rd) and PID 004-491-823 (3344 Happy Valley Rd), and PID 000-156-884 (3416 Hazelwood Rd)."
