BYLAW NO. 1679 - Langford Zoning Bylaw, Amendment No. 475 (592 Phelps Ave), 2017

Staff Report to Council

Date:

July 17, 2017

Department:

Planning

Application No.:

Z16-0010

Subject:

Bylaw No. 1679 - Application to Rezone 592 Phelps Avenue from R2 (One- and Two-Family Residential) Zone to RS1 (Residential Small Lot 1) Zone to Allow a Four-Lot Subdivision

At their Regular Meeting of April 18, 2017 Council passed the following resolution with respect to the property at 592 Phelps Avenue:

1. Direct staff to prepare a bylaw to amend the zoning designation of the property at 592 Phelps Avenue from R2 (One- and Two-Family Residential) to RS1 (Residential Small Lot 1), subject to the following terms and conditions:

   a) That the owner agrees to provide, as a bonus for increased density, the following contributions per new lot create, prior to subdivision approval: i. $3,960 towards the General Amenity Reserve Fund; ii. $660 towards the Affordable Housing Reserve Fund

   b) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges, that agrees to the following: i. That an advisory note be written to provide future owners with the understanding and that Western Speedway is located within a kilometer and may generate a noise nuisance; ii. That full frontage improvements be completed as per the Subdivision and Development Servicing Bylaw No. 1000 as a condition of subdivision approval, to the satisfaction of the Director of Engineering; and iii. That all required measures recommended by the Stormwater Management Plan, which may include the registration of a statutory right of way, shall be implemented by the owner as a condition of Subdivision approval, to the satisfaction of the Director of Engineering.

COMMENTS

The applicant has registered a Section 219 covenant against the title of the subject property that agrees to items 1(b)(i) through (iii) in Council’s resolution of April 18, 2017.

Bylaw No. 1679 was signed by the Minister of Transportation and Infrastructure on April 20, 2017.

OPTIONS

That Council:

1. Adopt Bylaw No. 1679;

OR

2. Take no action at this time with respect to Bylaw No. 1679;

Respectfully Submitted

Submitted by:
Robert Dykstra, MCIP, RPP Land Development Planner

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
George Henshall, AScT, Acting Director of Engineering

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Darren Kiedyk, Chief Administrative Officer

:rd

---

CITY OF LANGFORD

BYLAW NO. 1679

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 RS1 (Residential Small Lot 1) Zone the properties legally described as LOT 1, SECTION 1, RANGE 2 WEST, HIGHLAND DISTRICT, PLAN VIP55565; PID No.: 018-036-759 (592 Phelps Ave) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. By replacing Section 6.23.02(1) with the following: “No lot having and area less than 850 m² (9,150 ft²) may be created by subdivision in the Residential Small Lot (RS1) Zone.”

3. By replacing Section 6.23.02(2)(a)(b)(c) with the following: “Notwithstanding Subsection 6.23.02(1), on land whose legal description is set out in Table 1 of Schedule AD, the lot size for subdivision of lots for a one-family dwelling use may be 370 m² (4,000 ft²) if the owner of the land proposed to be subdivided: (a) Pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the time of subdivision.”

4. 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. 475, (592 Phelps Ave), 2017".

READ A FIRST TIME this 20th day of March, 2017.

PUBLIC HEARING held this day of, 2017.

READ A SECOND TIME this day of, 2017.

READ A THIRD TIME this day of, 2017.

APPROVED BY THE MINISTRY OF TRANSPORTATION this 20th day of April, 2017.

ADOPTED this day of , 2017.

MAYOR

(Certified Correct)
CORPORATE OFFICER