BYLAW NO. 1882 - Langford Zoning Bylaw, Amendment No. 580 (936 Jenkins Avenue) (Adoption)

Staff Report to Council

Date: October 5, 2020
Department: Planning
Application No.: Z19-0017

Subject: Bylaw No. 1882 – Application to Rezone 936 Jenkins and a portion of 919 Rex Road from R2 (One-and Two Family Residential) to RS3 (Residential Small Lot 3) to allow for a four lot subdivision

At the Regular Meeting of Council on January 6, 2020 Council gave the Bylaw 1882 First Reading with the following Committee resolution with respect to the property at 936 Jenkins and a portion of 919 Rex Road:

That Council:

1. Proceed with consideration of first reading of Bylaw No. 1882 to amend the zoning designation for the property at 936 Jenkins and a portion of 919 Rex Road from R2 (One-and Two Family Residential) to RS3 (Residential Small Lot 3) subject to the following terms and conditions: a. That the applicant provides, prior to Public Hearing, the following:

   i. A technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering; (COMPLETED)

   b. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title of each property, that agrees to the following: (COMPLETED)

   i. provide all required frontage improvements as per Bylaw No. 1000 standards, to the satisfaction of the Director of Engineering, prior to subdivision approval or the issuance of a building permit, whichever is first;

   ii. a stormwater management plan be provided to the satisfaction of the Director of Engineering and in accordance with Bylaw No. 1000, prior to subdivision approval, or building permit issuance, whichever occurs first;

   iii. Implement the approved stormwater management plan and to complete any required improvements and/or upgrades to on-site and off-site infrastructure necessary to facilitate proper drainage on the subject property;

   iv. Any necessary above and underground infrastructure or servicing upgrades, extensions or other required servicing requirements are to be fulfilled at the applicant’s expense; and

   v. Provide a construction parking and traffic management plan prior to building permit to the satisfaction of the Direction of Engineering.

   vi. That the applicant submits calculations to determine the FUS required to provide adequate water flows to the site prior to the issuance of a Development Permit that approves building setbacks for the subject property.

2. That the applicant registers the boundary adjustment subdivision to add a portion of 919 Rex Road to 936 Jenkins, prior to Bylaw Adoption.

COMMENTS

Council gave Bylaw No. 1882 second and third readings on May 4, 2020. The applicant has completed the conditions of Council’s resolution that were required prior to Bylaw Adoption. The applicant’s lawyer has deposited the section 219 covenant at the Land Title Office and provided a registration number (CA8300968). Now that the applicant has secured items (i) through (vi) above and registered the boundary adjustment, in accordance with Council’s resolution passed May 4, 2020, Council may wish to proceed with fourth and final reading of Bylaw No. 1882. However, if Council wishes to include additional conditions prior to giving fourth reading to the Bylaw they may wish to do so now.

Bylaw No. 1882 was signed by the Minister of Transportation on May 7, 2020.

OPTIONS

That Council:

1. Adopt Bylaw No 1882.

2. Take no action at this time with respect to Bylaw No. 1882.

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Respectfully Submitted,

Submitted by:
David Sametz, Land Development Planner - approved

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning - approved
Marie Watmough, Manager of Legislative Services - approved
Chris Aubrey, Fire Chief
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement - approved
Cory Manton, Manager of Parks and Recreation - approved
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering - approved
Leah Stohmann, MCIP, RPP, Deputy Director of Planning –approved
Michael Dillabaugh, CPA, CA, Director of Finance - approved
Braden Hutchins, Director of Corporate Services - approved
Darren Kiedyk, Chief Administrative Officer - approved

:ds

CITY OF LANGFORD

BYLAW NO. 1882

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:

1. By deleting from the R2 (ONE- AND TWO-FAMILY RESIDENTIAL) ZONE and adding to RS3 (RESIDENTIAL SMALL LOT 3) ZONE the properties legally described as LOT 39, SECTION 80, ESQUIMALT DISTRICT, PLAN 12203, PID No. 004-973-313 (936 Jenkins Avenue) and LOT 4, SECTION 80, ESQUIMALT DISTRICT, PLAN 21542, PID No. 003-421-295 (919 Rex Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. By adding the following to Table 1 of Schedule AD:

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 580, (936 Jenkins Avenue), Bylaw No. 1882, 2020".

READ A FIRST TIME this 6th day of January, 2020.

PUBLIC HEARING WAIVED BY RESOLUTION OF COUNCIL this 6th day of April, 2020.

READ A SECOND TIME this 4th day of May, 2020.

READ A THIRD TIME this 4th day of May, 2020.

APPROVED BY THE MINISTRY OF TRANSPORTATION THIS 7th day of May, 2020.

ADOPTED this of, 2020.

MAYOR

(Certified Correct)
CORPORATE OFFICER