PUBLIC HEARING - Bylaw No. 1705 (Langford Zoning Bylaw, Amendment No. 491) (656 Frederic Rd and 765 Willing Dr.)

BYLAW NO. 1705

CITY OF LANGFORD

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 RR2 (Rural Residential 2) Zone and adding to the RR6A (Rural Residential 6A) Zone the properties legally described as LOT 1, SECTION 81, METCHOSIN DISTRICT, PLAN 51070; PID No.: 016-451-546 (656 Frederic Rd); and LOT 4, SECTIONS 68 AND 69, METCHOSIN DISTRICT, PLAN 23855; PID No.: 001-447-475 (765 Willing Dr) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

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

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 491, (656 Frederick Rd and 765 Willing Dr), 2017".

READ A FIRST TIME this 8th day of June, 2017.

PUBLIC HEARING held this day of, 2017.

READ A SECOND TIME this day of, 2017.

READ A THIRD TIME this day of, 2017.

ADOPTED this day of , 2017.

MAYOR

(Certified Correct)
CORPORATE OFFICER

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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. 1705. 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.

• Meeting Date: Monday, 17 July 2017
• Meeting Time: 5:30 pm
• Meeting Place: City Hall Council Chambers, Third Floor, 877 Goldstream Avenue
• Subject Property: 656 Frederic Road and 765 Willing Drive
• File: Z17-0011
• Bylaw Number: 1705

Official Community Plan

• Current: Neighbourhood and Hillside or Shoreline, respectively

Zoning

• Current: RR2 (Rural Residential 2)
• Proposed: RR6A (Rural Residential 6A)

Proposal
To rezone from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A) to facilitate the subdivision of approximately 53 lots with minimum lot areas of 550 m2 (5,920 ft2).

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, 3 July 2017 to Monday, 17 July 2017, inclusive, at Langford City Hall, 2nd Floor, 877 Goldstream Avenue, Langford, BC, V9B 2X8. Please contact Sarah Herring in the Planning Department at 250-478-7882 with any questions on this Bylaw.

Braden Hutchins
Director of Corporate Services

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Minutes & Motions (Relevant excerpts)

Minutes of the PZAH Committee – May 8th, 2017

c) Application to Rezone 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A) to facilitate the subdivision of approximately 53 lots with minimum lot areas of 550 m2 (5,920 ft2).

• Staff Report (Planning Z17-0011)

MOVED BY: M. Hall
SECONDED: K. Sheldrake

That the Planning, Zoning and Affordable Housing recommend to Council:
That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A), subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per lot, prior to subdivision approval:

i. $6,000 towards the General Amenity Reserve Fund;
ii. $1,000 towards the Affordable Housing Reserve Fund;

b) That the applicant provides, prior to Public Hearing, a stormwater management plan to the satisfaction of the Director of Engineering;

c) That the applicant undertake neighbourhood consultation prior to Public Hearing;

d) 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 frontage improvements, to the satisfaction of the Director of Engineering, be constructed to Bylaw No. 1000 standards prior to subdivision approval;
ii. That any on- or off-site improvements required by the stormwater management plan be implemented prior to subdivision approval, to the satisfaction of the Director of Engineering;
iii. That a trail connecting the proposed cul-de-sac on 656 Willing Drive to Willing Park, constructed to the satisfaction of the Parks Manager, be provided prior to subdivision approval; and
iv. That advisory notes be written to provide future owners with the understanding that lands with the Agricultural Land Reserve (ALR) are located in close proximity to the development, and that the South Vancouver Island Rangers gun range is located within approximately 700 m (2,297 ft) of the development, and that both may generate general nuisances;

e) Direct staff to proceed with consideration of the requested lot width variances through a Development Variance Permit application, to be submitted by the applicant.

CARRIED.

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Minutes of the Council Meeting – May 15th, 2017 (excerpt)

3. Application to Rezone 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A) to facilitate the subdivision of approximately 53 lots with minimum lot areas of 550 m2 (5,920 ft2).

MOVED BY: COUNCILLOR BLACKWELL
SECONDED: COUNCILLOR WADE

That Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A), subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per lot, prior to subdivision approval:

i. $6,000 towards the General Amenity Reserve Fund;
ii. $1,000 towards the Affordable Housing Reserve Fund;

b) That the applicant provides, prior to Public Hearing, a stormwater management plan to the satisfaction of the Director of Engineering;

c) That the applicant undertake neighbourhood consultation prior to Public Hearing;

d) 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 frontage improvements, to the satisfaction of the Director of Engineering, be constructed to Bylaw No. 1000 standards prior to subdivision approval;
ii. That any on- or off-site improvements required by the stormwater management plan be implemented prior to subdivision approval, to the satisfaction of the Director of Engineering;
iii. That a trail connecting the proposed cul-de-sac on 656 Willing Drive to Willing Park, constructed to the satisfaction of the Parks Manager, be provided prior to subdivision approval; and
iv. That advisory notes be written to provide future owners with the understanding that lands with the Agricultural Land Reserve (ALR) are located in close proximity to the development, and that the South Vancouver Island Rangers gun range is located within approximately 700 m (2,297 ft) of the development, and that both may generate general nuisances;

e) Direct staff to proceed with consideration of the requested lot width variances through a Development Variance Permit application, to be submitted by the applicant.

CARRIED.

That Council give Bylaw No. 1705 First Reading.

CARRIED.

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Staff Report to Planning, Zoning and Affordable Housing Committee

Date: May 8, 2017
Department: Planning
Application No.: Z17-0011

Subject

Application to Rezone 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A) to facilitate the subdivision of approximately 53 lots with minimum lot areas of 550 m2 (5,920 ft2)

PURPOSE

Mark Johnston of Limona Construction Ltd. has applied on behalf of Garth Willing, Maryann Willing, Donald Heaslip, Robert Heaslip, Carolyn Groseth, and Steven Groseth to rezone the properties at 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A) to facilitate the subdivision of approximately 53 residential lots with minimum lot areas of 550 m2 (5,920 ft2).

BACKGROUND

Table 1: Site Data

SITE AND SURROUNDING AREA

The subject sites are located in South Langford, south of Klahanie Drive, east of Happy Valley Road and northeast of the Valley View neighbourhood. The site at 656 Frederic Road backs onto Willing Park, and the site at 765 Willing Drive backs onto the Olympic View golf course. The sites each currently contain a single one-family dwelling and significant forested open space.

The surrounding area contains a mix of large, rural residential and agricultural properties, as well as the aforementioned park and golf course, and small lot residential development in the Valley View neighbourhood. The subject sites are located approximately 200 m (656 ft) from the Langford border with Metchosin and approximately 800 m (2,625 ft) from the border with Colwood.

Table 2: Surrounding Land Uses – 656 Frederic Road

Table 3: Surrounding Land Uses – 765 Willing Drive

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN (OCP)

• 656 Frederic Road is designated as Neighbourhood: intended to be predominantly residential, allow range of low/medium density choices, integrate parks and open spaces, allow neighbourhood centres, locate transit stops where appropriate.
• OCP Objective 3.9 & Policy 3.9.3: overall density objective of 40 units per hectare (16 units per acre) for infill in Neighbourhood areas—ensure building siting complements adjacent buildings and private outdoor spaces are respected.
• OCP Objective 3.10 & Policy 3.10.2: improve road, cycle and pedestrian connections; secure easements or ROW dedications through rezoning and subdivisions.

The proposed development of 656 Frederic Road will result in ~14 dwelling units per hectare. Improvement of Frederic Road and a trail connection through the development to the pathway around the Willing Park stormwater pond are proposed.

• 765 Willing Drive is designated Hillside or Shoreline: intended to support a range of clustered housing choices, integrate parks and green corridors, encourage site/topography-responsive parks and trails, allow neighbourhood centres to emerge.

Although the proposed development of 765 Willing Drive does not include retention of a minimum of 40% open space, it is adjacent to existing dedicated/developed open spaces. Building site configuration must respond to topography.

SOUTH LANGFORD NEIGHBOURHOOD PLAN

• Subject sites are designated Large Lot Residential (~4 units per acre). Proposed density exceeds that; however, development patterns in the area have changed and the proposal may be considered a transition between higher density Valley View and larger lots along Klahanie Drive.
• Policy 5.1.2: New development outside town centre should provide 25% open space — not proposed here due to adjacent significant open spaces.

DEVELOPMENT PERMIT AREAS

• Both sites: High Interface Fire Hazard Area; portions within Habitat & Biodiversity and Riparian DPAs. Environmentally Sensitive and Hazardous Area Development Permits with professional reports will be required prior to development if rezoning approved.
• A small area (~82 m2) of 765 Willing Drive is in the Steep Slope DPA; will be addressed through subdivision.

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COMMENTS

DEVELOPMENT PROPOSAL

Applicant requests rezoning from RR2 to RR6A to permit subdivision of approx. 53 residential lots with minimum lot area 550 m2 (5,920 ft2).

• 656 Frederic Rd: proposed ~23 lots (550 m2 to ~768 m2) with access from internal public roadway terminating in a cul-de-sac at western end. A trail connection from the cul-de-sac to Willing Park/pathway around stormwater pond is requested and will be provided by applicant.

• 765 Willing Dr: proposed ~30 lots (550 m2 to ~989 m2) with access from Frederic Road, Willing Drive and internal public roadway terminating at a cul-de-sac and providing future connection to abutting lot at 759 Willing Drive. Lot width variances required for Lots 1–6 fronting Frederic Road and any other lots with widths < 14 m (45 ft). Council can direct applicant to submit revised plans to comply with 14 m minimum or proceed with consideration of variances via Development Variance Permit application.

Minor cul-de-sac changes may be required to satisfy Zoning Bylaw No. 300 and Subdivision and Development Servicing Bylaw No. 1000. Form and Character Development Permit is not required; building/site designs reviewed via building permit process.

Table 4: Proposal Data

PEDESTRIAN, CYCLING AND MOTORIST NETWORK

• Subject sites at corner of Frederic Road and Willing Drive; good vehicular connectivity via Klahanie Drive to Happy Valley Road and Latoria Road.
• Engineering requires applicant to complete Frederic Road along full frontage of both properties.
• Trail extension from cul-de-sac on 656 Frederic Road to Willing Park pathway proposed.
• Sidewalks and bike lanes not required on Frederic Road or Willing Drive. Closest transit stops are >1,000 m (3,280 ft) away on Happy Valley Road. No current sidewalks on Frederic Road, Willing Drive, or Klahanie Drive.

INFRASTRUCTURE

• Applicant must extend sanitary sewer and water services north from Wild Ridge Way to service development.
• CRD Integrated Water Services will provide piped water subject to conditions and costs/fees per CRD Bylaw No. 3889; system will meet domestic and FUS fireflow requirements.
• Stormwater management plan required as part of subdivision; Council may require such a plan to be submitted and satisfied prior to Public Hearing.

NUISANCE EASEMENTS

• South Vancouver Island Rangers gun range located just over 700 m (2,296 ft) from sites (as crow flies); City practice to require Section 219 Covenant notifying future owners that gun range may be audible/generate noise nuisances.
• Sites close to ALR lands; agricultural activities may generate nuisances. Council may require Section 219 Covenant notifying future owners of proximity to ALR.
• Council may require these Covenants as a condition of rezoning.

NEIGHBOURHOOD CONSULTATION

• Applicant asked to undertake door-to-door consultation. At time of report, one email opposing development had been received (attached).

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FINANCIAL CONTRIBUTIONS

Rezoning to higher density may increase assessed value and municipal revenue. Applicant will connect to municipal sewers and complete frontage improvements; direct capital costs to municipality expected negligible.

Table 5 – Amenity Contributions per Council Policy

Table 6 – Development Cost Charges

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OPTIONS (Staff Recommendations Verbatim)

Option 1

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A), subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per lot, prior to subdivision approval:

i. $6,000 towards the General Amenity Reserve Fund;

ii. $1,000 towards the Affordable Housing Reserve Fund;

b) That the applicant provides, prior to Public Hearing, a stormwater management plan to the satisfaction of the Director of Engineering;

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 frontage improvements, to the satisfaction of the Director of Engineering, be constructed to Bylaw No. 1000 standards prior to subdivision approval;

ii. That any on- or off-site improvements required by the stormwater management plan be implemented prior to subdivision approval, to the satisfaction of the Director of Engineering;

iii. That a trail connecting the proposed cul-de-sac on 656 Willing Drive to Willing Park, constructed to the satisfaction of the Parks Manager, be provided prior to subdivision approval; and

iv. That advisory notes be written to provide future owners with the understanding that lands with the Agricultural Land Reserve (ALR) are located in close proximity to the development, and that the South Vancouver Island Rangers gun range is located within approximately 700 m (2,297 ft) of the development, and that both may generate general nuisances;

AND EITHER

d) Direct the applicant to submit revised plans with lot widths that comply with the requirements of the RR6A Zone prior to Public Hearing;

OR

e) Direct staff to proceed with consideration of the requested lot width variances through a Development Variance Permit application, to be submitted by the applicant.

OR Option 2

2. Reject this application for rezoning.

Submitted by:
Sarah Herring, MCIP, RPP Planner

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Mike Leskiw, Parks and Recreation Manager
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Steve Ternent, Director of Finance
Braden Hutchins, Director of Corporate Services
Darren Kiedyk, Deputy Chief Administrative Officer

:sh

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Appendices

Appendix A

Appendix B

Appendix C

Appendix D

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Staff Report to Council (Revisions to Bylaw No. 1705)

Date: June 19, 2017
Department: Planning
Application No.: Z17-0011

Subject

Revisions to Bylaw No. 1705 - Application to Rezone 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A)

At the Regular Meeting of Council on June 8, 2017, Council gave First Reading to Bylaw No. 1705 to rezone the properties at 656 Frederic Road and 765 Willing Drive from Rural Residential 2 (RR2) to Rural Residential 6A (RR6A).

Following that meeting, it was noted that the map attached to the Bylaw only showed the property at 765 Willing Drive, and not the property at 656 Frederic Road. As a result, a new Bylaw No. 1705 with the correct map, showing both subject properties, has been prepared for Council’s consideration.

OPTIONS

That Council:

1. Rescind First Reading of Bylaw No. 1705; and give first reading to Bylaw No. 1705 as amended.

OR

2. Take no action at this time with respect to Bylaw No. 1705.

Respectfully Submitted,
Submitted by: Sarah Herring, MCIP, RPP, Planner II

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Steve Ternent, Director of Finance
Braden Hutchins, Director of Corporate Services
Jim Bowden, Chief Administrative Officer
Darren Kiedyk, Deputy Chief Administrative Officer

:sh

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Public Submissions / Correspondence (selected items included in public hearing package)

Email received via Langford website contact form (From: Arlene Richardson)

Name: Arlene Richardson
Email: jorich@shaw.ca
Phone: 250 478.7386
Address: 758 Willing Dr. Langford

Message: We need your help to tamp the genie back in the bottle! The developers have raped our rural communities. Drive down Happy Valley Rd., turn left on Latoria and then right on Klahanie. All recently developed areas have razed all the trees, jammed the houses in cheek to jowl and have no green spaces. They want to do the same on Frederic which is a small dead end road joining our small dead end road, Willing Dr. Half of us have been here for more than 45 yrs., paid our taxes and have supported Mr. Young and his council members (you), and the other half are young families who have moved here for the peace and natural ambience of this neighbourhood. These developers propose to squeeze in 53 houses onto a small forested area the length of Frederic where currently there only 3 or 4 houses. There will be large tree felling, blasting, then drilling and hammering from dawn to dusk. We are not against all development, i.e. 3 or 4 houses per lot with green spaces and preservation of the environment. It can't all be about money!

Email (From: Brett Finlayson — Olympic View Golf Club)

From: Brett Finlayson (bfinlayson@GolfBC.com)
To: Lauren Morhart (lmorhart@cityoflangford.ca)
Cc: Randy Frank (rfrank@golfbc.com)

Good afternoon Lauren,

Thanks again for taking my call this morning regarding the potential rezoning of the 2 lots neighbouring the maintenance facility of Olympic View Golf Club. As mentioned, I do have some concerns due to our operation’s early starts and the noise causing unease for those potential future neighbours. I am also leery with the increase of population neighbouring the facility, there is potential for increased vandalism and theft. I am not opposed to the rezoning at all, but just want to address any future concerns all parties may have.

You mentioned you have some information regarding the development that you could forward our way, if you could, it would be appreciated.

I do plan on attending the meeting that night and might be joined by our General Manager who is cc’d on this email.

Thank you,

Brett Finlayson | Golf Course Superintendent
Olympic View Golf Club | Tranquility. Nature.
643 Latoria Road, Victoria BC, V9C 3A3
bfinlayson@golfbc.com | www.olympicviewgolf.com
O:250-474-3672 | C:778-679-2727

Email received via Langford website contact form (From: Donna Davies)

Name: Donna Davies
Email: donnadavieslepp@gmail.com
Phone: 250.882.6789
Address: 758 Willing Drive Victoria BC V9C 3X3

Message: Who on Langford City Council has truly taken in the "new vistas" of their affordable housing crusade along Happy Valley Road and Latoria Road? I suspect not one of our council with a conscience has stopped and been awed at their decision making process...a concrete jungle and not a tree in sight! Rock quarries with houses on top!

Did council ever consider that we chose to live here because we are surrounded by trees, nature and tranquility? We didn't build here to be able to pass a cup of sugar to our neighbor through the bathroom window.

I'm asking you, our council; how do these developers so EASILY pass these rezoning laws to line their pockets? Are you not hearing or listening to this community who are affected by this encroachment of greed?

Now the Limona Group is about to..I suspect, easily pass rezoning on Willing Drive and Fredrick Road to accommodate 53houses! REALLY? Has anyone considered the devastation to our quiet existence coupled with the possibility of one hundred cars traveling on a dead end road? ( projection of two cars per household)

This, council, is not acceptable! You cannot defend your quick passing of these rezoning laws for these developers who do not care about our neighborhood! It's time you stop and reflect before you pass such devastation!

If we don't challenge what's become the status quo of the current city planning then a significant number of our citizens are, and, will be continued to be ignored.

I refuse to get my cup of sugar ready!

Letter of Support (From: Jason Leslie)

From: Jason Leslie (935 Klahanie Drive — bordering property)
To: Matthew Baldwin (mbaldwin@cityoflangford.ca)

Subject: 656 Frederic Road - Klahanie Estates

Please accept this note as a Letter of Support for Development of Higher than 4 Lots Per Acre but not Small Lot Development.

The Klahanie Estates Neighbourhood Currently Consists of Large Lots, 2 Acre Min in Size and the Development Dates way back to 1969. We now lack many desired services, Gas – Sewer, Underground Wiring and Side Walks. With the Majority of Existing Homes having been Built in the early 70s and still on the Original Septic Systems – it is Long Overdue for the Arrival of Sewers.

Having quality planned Development is probably the only way this Forgotten Neighbourhood of South Langford is going to see Improvement. The Roads are also in need of Improvement and have deteriorated greatly in recent Years with Many Pot Holes.

Personally I am glad to see Limona wanting to invest in my Neighbourhood and look forward to Positive changes in the near future.

My Goal is to Build a New Home on my Property but naturally I want to be Serviced with Sewer and Natural Gas, hopefully this comes soon.

Sincerely,
J. Jason Leslie

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Images referenced in document

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