Bylaw 12.3 - BYLAW NO. 2170 (Background Report Attached)

Staff Report to Council

DATE: Tuesday, April 2, 2024
DEPARTMENT: Planning
APPLICATION NO.: Z22-0031
SUBJECT: Adoption of Bylaw No. 2170 – Application to Amend the Text of the R2 Zone to allow 12 Townhomes at 798 Gwendolynn Drive.

Contact:
t 250.478.7882
e administration@langford.ca
2nd Floor, 877 Goldstream Avenue
Langford, BC V9B 2X8

EXECUTIVE SUMMARY:

On June 19, 2023, Council passed the following resolution with respect to 798 Gwendolynn Drive:

THAT Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of 798 Gwendolynn Drive from the RR2 (Rural Residential 2) Zone to the R2 (One- and Two-Family Residential) Zone subject to the following: a. That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit: (Completed in Bylaw No. 2137) i. $610 towards the Affordable Housing Reserve Fund per townhouse unit;
   ii. $660 towards the Affordable Housing Reserve Fund per single family lot under 550 m2;
   iii. $3,660 towards the General Amenity Reserve Fund per townhouse unit; and
   iv. $3,960 towards the General Amenity Reserve Fund per single family lot under 550 m2 b. That prior to Bylaw Adoption, the applicant registers a Section 219 covenant in priority of all other charges on title that agrees to the following: (Completed) i. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of subdivision approval or the issuance of a building permit, whichever is first: 1. Full frontage improvements, inclusive of a sidewalk or minimum 3 m multi-use paved trail, boulevard, and streetlights along Gwendolynn and a multi-use gravel road edge trail behind a split rail fence along Klahanie; 2. A storm water management plan; 3. An erosion and sediment control plan; 4. A dust mitigation plan; 5. A construction parking and delivery management plan; ii. That the developer will connect and be responsible for any upgrades required to the services and utilities required for the development; iii. Acknowledge that the site is in proximity to agricultural uses the South Vancouver Island gun range, and that these uses may create general noise, odour, and other nuisances, and agree that the owner and all future owners assume all risk and annoyance of such nuisances; iv. That a total of 30% of the lot will be fenced and retained as a natural greenspace common property area protected by a non-disturbance covenant registered prior to subdivision approval or building permit issuance, whichever is first, to the satisfaction of the Director of Planning; v. That tree protection measures are implemented and excavation monitored to the satisfaction of the project arborist, as per their report dated April 25th, 2023; vi. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type III Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN; vii. That a separate covenant be registered prior to the issuance of a building permit agreeing that the garages and carports are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein.

And 2. Direct staff to amend Section 6.22.04 of the R2 zone to limit the number of townhouses permitted at 798 Gwendolynn Drive to 12 units. (completed through Bylaw No. 2170)

COMMENTARY:

The original Bylaw No. 2137 was adopted and rezoned the subject property to allow for townhouses, but it left out the provision to limit the number of townhouses to a maximum of 12 units. This current application under Bylaw No. 2170 rectifies this situation to ensure item 2. from Council’s resolution on June 19, 2023 is addressed.

This current application under Bylaw No. 2170 was prohibited from being the subject of a Public Hearing, as per the changes made by the Province to the Local Government Act through The Housing Statutes (Residential Development) Amendment Act, 2023. Council may wish to note that the original application under Bylaw No. 2137 did receive a Public Hearing as it occurred before November of 2023 when the changes to the Local Government Act occurred.

Council gave the first, second and third readings of Bylaw No. 2170 on March 18th, 2024, to limit the number of townhouses to 12 units. The information considered in relation to this Bylaw as well as the video recording of the Meeting can be found at the following link on the City’s website:
https://pub-langford.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?Id=3e3867f1-2da3-49e8-b72b-b9e179a5d3c5

Bylaw No. 2170 was not required to be signed by the Minister of Transportation and Infrastructure as it falls more than 800 m away from a controlled access highway.

As there were no additional conditions imposed by Council to be required prior to adoption of Bylaw No. 2170, Council may wish to proceed with bylaw adoption.

OPTIONS:

Option 1
That Council adopt Bylaw No. 2170.

OR Option 2
That Council not adopt Bylaw No. 2170.

SUBMITTED BY:

Julia Buckingham, Planner II

Concurrence:
Leah Stohmann, Director of Community Planning and Climate Change
Donna Petrie, Senior Manager of Communications & Economic Development
Yari Nielsen, Director of Parks, Recreation and Facilities
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Michael Dillabaugh, CPA, CA, Director of Finance
Marie Watmough, Deputy Director of Corporate Services
Braden Hutchins, Director of Corporate Services
Darren Kiedyk, Chief Administrative Officer

---