BYLAW NO. 2017 — Langford Zoning Bylaw, Amendment No. 649 (791 & 795 Revilo Place and 2931 Phipps Road)

Staff Report to Council

DATE:

Monday, May 16, 2022

DEPARTMENT:

Planning

APPLICATION NO.:

Z21-0011

SUBJECT:

Application to Rezone 791 and 795 Revilo Place and 2931 Phipps Road from the One- and Two-Family Residential (R2) Zone to the City Centre 1 (CC1) Zone to Allow for the Development of a 6-Storey Mixed-Use Building

BACKGROUND:

At their regular meeting of November 17, 2021 Council passed the following resolution with respect to the properties at 791 and 795 Revilo Place and 2931 Phipps Road:

That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 791 and 795 Revilo Place and 2931 Phipps Road from the One- and Two-Family Residential (R2) Zone to the City Centre 1 (CC1) Zone subject to the following terms and conditions:

a) That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit: i. $750 towards the Affordable Housing Fund; and ii. $2,850 towards the General Amenity Reserve Fund. subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy depending on use and height.

b) That the applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering: i. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed development.

c) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:

i. That all three subject properties be consolidated together prior to issuance of a Development Permit for Form and Character;

ii. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building(s) that ensures parking is allocated to each unit and visitors as required by the zoning bylaw and is not provided in exchange for compensation separate from that of a residential unit;

iii. That no occupancy permit be issued for the proposed building until a strata plan for the building has been registered, to the satisfaction of the Approving Officer;

iv. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space, and that

1. Energized outlets shall be labelled for the use of electric vehicle charging;
2. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and
3. The owner/tenant is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council/landlord may not prevent an owner, occupant, or tenant from installing the EV charging equipment

v. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit:

1. Frontage improvements, including mitigating options from the approved Traffic Impact Assessment;
2. A storm water management plan; and
3. A construction parking management plan.

COMMENTARY:

The applicant’s lawyer has provided registered copies of the required covenant, which agrees to items i. – v. of section 1) c. in Council’s above-noted resolution.

A Public Hearing was held on February 22, 2022.

Bylaw No. 2017 was signed by the Ministry of Transportation and Infrastructure on February 24, 2022.

As there are no outstanding conditions, Council may wish to proceed with bylaw adoption.

OPTIONS:

Option 1
THAT Council adopt Bylaw No. 2017.

OR Option 2
THAT Council take no action at this time with respect Bylaw No. 2017.

SUBMITTED BY:

Robert Dykstra, MCIP, RPP Senior Planner

Concurrence:
Leah Stohmann, MCIP, RPP Deputy Director of Planning and Subdivision
Concurrence:
Donna Petrie, Manager of Business Development and Events
Concurrence:
Will Ying-udomrat, Manager of Legislative Services
Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Marie Watmough, Acting Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer

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CITY OF LANGFORD

BYLAW NO. 2017

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 One- and Two-Family Residential (R2) Zone and adding to the City Centre 1 (CC1) Zone the properties legally described as:

• Lot 6, Section 73, Esquimalt District, Plan 19804, PID No. 003-637-743 (791 Revilo Place)
• Lot B, Section 73, Esquimalt District, Plan 18886, PID No. 003-795-713 (795 Revilo Place)
• Lot 3, Section 73, Esquimalt District, Plan 18591, PID No. 003-757-722 (2931 Phipps Road)

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. 649, (791 and 795 Revilo Place and 2931 Phipps Road), Bylaw No. 2017, 2022".

READ A FIRST TIME this 24th day of January, 2022.
PUBLIC HEARING held this 22nd day of February, 2022.
READ A SECOND TIME this 22nd day of February, 2022.

READ A THIRD TIME this 22nd day of February, 2022.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 24th day of February, 2022.
ADOPTED this day of , 2022.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER