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DocumentsBylawDec 6, 2022Pages 39–43

Staff Report and Bylaw No. 2086 – 'Langford Zoning Bylaw, Amendment No. 681' (2321 and 2323 Belair Road)

Report and bylaw package to adopt Bylaw No. 2086 to rezone 2321 & 2323 Belair Road from R2 to RS1, allow a Group Daycare on 2323, and set amenity contribution requirements as conditions of subdivision.

9.1 BYLAW NO. 2086 "Langford Zoning Bylaw, Amendment No. 681 (2321 and 2323 Belair Road), Bylaw No. 2086, 2022" (ADOPTION)

Key facts

  • Application: Z22-0021 for 2321 & 2323 Belair Road (Strata Lots EPS3543 PIDs 029-824-702 and 029-824-711)
  • Proposed zoning change: from One- and Two-Family Residential (R2) to Residential Small Lot (RS1)
  • Amenity contributions: $3,660 per unit toward General Amenity Reserve Fund; $610 per unit toward Affordable Housing Reserve Fund
  • Public Hearing held: September 6, 2022; Ministry of Transportation & Infrastructure approval: September 13, 2022
  • Bylaw cited as: 'Langford Zoning Bylaw, Amendment No. 681, (2321 and 2323 Belair Road), Bylaw No. 2086, 2022'

Staff Report and Bylaw No. 2086 – 'Langford Zoning Bylaw, Amendment No. 681' (2321 and 2323 Belair Road)

Staff Report to Council

DATE: Monday, December 5, 2022
DEPARTMENT: Planning
APPLICATION NO.: Z22-0021

SUBJECT: Bylaw No. 2086 – Application to rezone 2321 and 2323 Belair Road from One- and Two-Family Residential (R2) to Residential Small Lot 1 (RS1) to allow for the creation of two fee simple lots AND to amend the text of the RS1 Zone to allow for a Group Daycare

BACKGROUND

At their regular meeting of August 15, 2022 Council passed the following resolution with respect to the properties at 2321 and 2323 Belair Road:

That Council:

  1. Proceed with consideration of First Reading of Bylaw No. 2086 to amend the zoning designation of the properties located at 2321 and 2323 Belair Road from One- and Two-Family Residential (R2) zone to Residential Small Lot (RS1) zone AND amend the text of the RS1 Zone to allow a Group Daycare at 2323 Belair Road subject to the following terms and conditions:

    a. That the applicant provide, as a bonus for increased density, the following contributions per residential unit, prior to subdivision approval (SECURED IN BYLAW):

    i. $660 towards the Affordable Housing Reserve Fund; and
    ii. $3,960 towards the General Amenity Reserve Fund.

    b. That the applicant provide, prior to bylaw adoption, a Section 219 covenant, registered in priority of all other charges on that title, that agrees: (SEE COMMENTS)

    i. That the following will be implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to subdivision approval:

    1. Full frontage improvements

    2. Direct staff to provide notice that Council will consider issuing a Development Variance Permit

    for the property at 2321 and 2323 Belair Road with the following variance, subject to the applicant applying for the necessary DVP application:

    a. That Section 6.20.07(1)(d) of Zoning Bylaw No. 300 be varied to reduce the interior lot line setback of a building or structure from the required 1.5 m to 1.2 m.

COMMENTARY

The Director of Engineering has indicated that no frontage improvements are required; however, the Director of Parks, Recreation and Facilities has indicated that cash-in-lieu in the amount of $1,100 for one boulevard tree is required. The applicant has paid the required fee and is not required to register a Section 219 covenant.

A Public Hearing was held on September 6th, 2022.

In accordance with Section 52 of the Transportation Act, the City of Langford is required to inform the Ministry of Transportation and Infrastructure (MoTI) of any Zoning Bylaw amendment located within a radius of 800 m from a MoTI owned intersection. Prior to adoption of any Zoning Bylaw, the Ministry of Transportation and Infrastructure must sign off on the Bylaw. Bylaw No. 2086 was approved and signed by the Ministry of Transportation and Infrastructure on September 13th, 2022.

As there are no outstanding conditions required at this time, Council may wish to proceed with Bylaw Adoption.

OPTIONS

Option 1
THAT Council adopt Bylaw No. 2086.

OR Option 2
THAT Council take no action at this time with respect to Bylaw No. 2086.

SUBMITTED BY: Matt Notley, Planner I

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Concurrence:
Donna Petrie, Senior 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, Deputy Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer


Page 39–43

CITY OF LANGFORD

BYLAW NO. 2086

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 Residential Small Lot (RS1) Zone the properties legally described as
  • Strata Lot 1, Section 1, Range 3 West, Highland District, Strata Plan EPS3543, PID No. 029-824-702 (2321 Belair Road); and
  • Strata Lot 2, Section 1, Range 3 West, Highland District, Strata Plan EPS3543, PID No. 029-824-711 (2323 Belair Road);

as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

Plan No. 1 showing the properties (2321 and 2323 Belair Road) shaded
Plan No. 1 showing the properties (2321 and 2323 Belair Road) shaded
  1. By adding the following as subsection 6.20.01(4) and renumbering subsequently subsections accordingly:

“(4) Group Daycare, on the property legally described as STRATA LOT 2, SECTION 1, RANGE 3 WEST, HIGHLAND DISTRICT, STRATA PLAN EPS3543, PID No. 029-824-711 (2323 Belair Road)

  1. By adding the following to Table 1 of Schedule AD:
Zone Bylaw No. Legal Description Amenity Contributions Eligible for Reduction in Section 2 of Schedule AD
RS1 2086 · Strata Lot 1, Section 1, Range 3 West, Highland District, Strata Plan EPS3543, PID No. 029-824-702 (2321 Belair Road); and
· Strata Lot 2, Section 1, Range 3 West, Highland District, Strata Plan EPS3543, PID No. 029-824-711 (2323 Belair Road)
a) $3,660 per unit created towards the General Amenity Reserve Fund; and
b) $610 per unit created towards the Affordable Housing Reserve Fund
No

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 681, (2321 and 2323 Belair Road), Bylaw No. 2086, 2022".

READ A FIRST TIME this 15th day of August, 2022.
PUBLIC HEARING held this 6th day of September, 2022.
READ A SECOND TIME this 6th day of September, 2022.

READ A THIRD TIME this 6th day of September, 2022.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 13th day of September, 2022.
ADOPTED this day of , 2022.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER


Page 39–43

Schedule A

Schedule A
Schedule A
Page 39–43
Extracted from: Agenda(56 pages total)