Public Hearing / Application Z15-0027 - Bylaw No. 1610 (2792 Leigh Rd) — Public Hearing notice, bylaw text and staff report

City of Langford — Bylaw No. 1610

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 the BT1 (Business and Technology Park) Zone the property legally described as LOT 7, SECTION 99, ESQUIMALT DISTRICT, PLAN 22423; PID No.: 000-183-521 (2792 Leigh Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. By adding the following as subsection 6.67.01(16): "on land legally described LOT 7, SECTION 99, ESQUIMALT DISTRICT, PLAN 22423; PID No.: 000-183-521 (2792 Leigh Rd) a one family dwelling which may contain a secondary suite within the one-family dwelling or within an accessory building in accordance with Section 3.08";

3. By adding the following as subsection 6.67.04 and renumbering subsequent subsections accordingly:

"6.67.04 Regulations for One-Family Dwelling Use

In addition to the other regulations in this section the following regulations apply to one-family dwellings in the BT1 (Business and Technology Park Zone):

(1) One-family dwellings are prohibited on panhandle lots;

(2) The lot area for a one-family dwelling may not be less than 750 m2 (8073 ft2);

(3) Notwithstanding subsection 6.67.03, no principal building or structure for a one-family dwelling use may be located: a. within 6 m (20 ft) of any front or rear lot line, unless the structure was in existence on January 1, 2016; b. within 1.5 m (15 ft) of any interior lot line; c. within 4.5 m (15 ft) of any exterior lot line, except that no garage or carport that faces an exterior lot line may be within 5.5 m of the exterior lot line;

(4) Notwithstanding subsection 6.67.03, on land legally described as LOT 7, SECTION 99, ESQUIMALT DISTRICT, PLAN 22423; PID No.: 000-183-521 (2792 Leigh Rd) an accessory building is permitted, provided that it conforms with the requirements of Part 3 of this regulation;"

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 445, (2792 Leigh Rd), 2015".

READ A FIRST TIME this 7th day of December, 2015.
PUBLIC HEARING held this day of, 2016.
READ A SECOND TIME this day of, 2016.
READ A THIRD TIME this day of, 2016.
APPROVED BY THE MINISTRY OF TRANSPORTATION this day of , 2016.
ADOPTED this day of, 2016.

I HEREBY CERTIFY THIS TO BE A TRUE COPY OF PLAN No. 1 AS DESCRIBED IN SECTION A1 OF BYLAW No.1610

Scale: N.T.S.
Last Revised: 11/30/2015

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Notice of Public Hearing

The City of Langford has received an application to amend Zoning Bylaw No. 300 by means of proposed Bylaw No. 1610. All persons who believe that their interest in property is affected by the proposed Bylaw will be afforded an opportunity to be heard or to present written submissions respecting matters contained in the Bylaw at a Public Hearing. Please be advised that no representations may be received by Council after the close of the Public Hearing and any submissions made to Council, whether orally or in writing, will form part of a public record.

COPIES of the complete proposed Bylaw and other material that the Council may consider in relation to the Bylaw may be viewed from 8:30 am to 4:30 pm, Monday to Friday (holidays excluded), from Monday, 4 January 2016 to Monday, 18 January 2016, inclusive, at Langford City Hall, 2nd Floor, 877 Goldstream Avenue, Langford, BC, V9B 2X8. Please contact Matthew Baldwin, Director of Planning in the Planning Department at 250-478-7882 with any questions on this Bylaw.

Jim Bowden
Administrator
2016-01-05

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Staff Report to Council

Date: December 7, 2015
Department: Planning
Application No.: Bylaw No. 1610; Z15-0027

Subject: Application to Amend the Zoning of 2792 Leigh Road from R2 (One- and Two-Family Residential) to BT1 (Business and Technology Park 1) and to include single family dwelling and carriage houses at 2792 Leigh Road;

Background

Earlier this year, the City of Langford was made aware of a restrictive covenant registered on title of all the lands now abutting Leigh Road north of Goldstream Avenue, and mutually restricts further development of these lands. This covenant dates from the early 1960s, and would restrict development of land the City acquired for the extension of Leigh Road to the Trans-Canada Highway.

Commentary

Staff has negotiated with the last property owner (other than the City) whose land is encumbered with this restrictive covenant, and they have agreed to allow the covenant to be discharged in exchange for Council's consideration of their request to have their property zoned to allow for a secondary suite in an accessory building (aka: carriage house).

Staff has prepared Bylaw No. 1610 for Council's consideration. This bylaw includes the property at 2792 Leigh Road into the BT1 (Business and Technology Park 1) zone and then allows a one-family dwelling with a suite in either the principal building or an accessory building as a permitted use ONLY on the property at 2792 Leigh Road (not in the remainder of the zone).

Financial Implications

The property that the City owns on Leigh Road is effectively sterilized for development without the removal of the restrictive covenant.

Legal Implications

None.

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Options

That Council:

1. Give first reading to Bylaw No. 1610 as drafted;
2. Amend Bylaw 1610 as drafted and give it first reading;
3. Take no action at this time with respect to the zoning of the property at 2792 Leigh Road;

Respectfully submitted,
Mike Leskiw, MA
Parks Manager

Michelle Mahovlich, P.Geo., P.Eng.
Director of Engineering

:mgsb

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Full Bylaw Text (reproduced)

CITY OF LANGFORD
BYLAW NO. 1610

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 the BT1 (Business and Technology Park) Zone the property legally described as LOT 7, SECTION 99, ESQUIMALT DISTRICT, PLAN 22423; PID No.: 000-183-521 (2792 Leigh Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. By adding the following as subsection 6.67.01(16): "on land legally described LOT 7, SECTION 99, ESQUIMALT DISTRICT, PLAN 22423; PID No.: 000-183-521 (2792 Leigh Rd) a one family dwelling which may contain a secondary suite within the one-family dwelling or within an accessory building in accordance with Section 3.08";

3. By adding the following as subsection 6.67.04 and renumbering subsequent subsections accordingly:

"6.67.04 Regulations for One-Family Dwelling Use

In addition to the other regulations in this section the following regulations apply to one-family dwellings in the BT1 (Business and Technology Park Zone):

(1) One-family dwellings are prohibited on panhandle lots;

(2) The lot area for a one-family dwelling may not be less than 750 m2 (8073 ft2);

(3) Notwithstanding subsection 6.67.03, no principal building or structure for a one-family dwelling use may be located: a. within 6 m (20 ft) of any front or rear lot line, unless the structure was in existence on January 1, 2016; b. within 1.5 m (15 ft) of any interior lot line; c. within 4.5 m (15 ft) of any exterior lot line, except that no garage or carport that faces an exterior lot line may be within 5.5 m of the exterior lot line;

(4) Notwithstanding subsection 6.67.03, on land legally described as LOT 7, SECTION 99, ESQUIMALT DISTRICT, PLAN 22423; PID No.: 000-183-521 (2792 Leigh Rd) an accessory building is permitted, provided that it conforms with the requirements of Part 3 of this regulation;"

Bylaw No. 1610
Page 2 of 3

B. This Bylaw may be cited for all purposes as "Langford Zoning Bylaw, Amendment No. 445, (2792 Leigh Rd), 2015".

READ A FIRST TIME this day of, 2015,
PUBLIC HEARING held this day of, 2015.
READ A SECOND TIME this day of, 2015.
READ A THIRD TIME this day of, 2015.
APPROVED BY THE MINISTRY OF TRANSPORTATION this day of , 2015,
ADOPTED this day of, 2015.

I HEREBY CERTIFY THIS TO BE A TRUE COPY OF PLAN No. 1 AS DESCRIBED IN SECTION A1 OF BYLAW No. 1610

Scale: N.T.S.
Last Revised: 11/30/2015

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