PUBLIC HEARING / BYLAW NO. 1750 (Langford Zoning Bylaw, Amendment No. 516 — Multiple properties Goldstream Ave / Peatt Rd / Claude Rd)

CITY OF LANGFORD

BYLAW NO. 1750

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 adding as Section 6.44B the text as set out in Schedule A;

2. By deleting from the R1 (One-Family Residential), R2 (One- and Two-Family Residential), and P2 (Community Institutional) Zone and adding to the C9 (Community Town Centre Pedestrian) Zone the properties legally described as:

• LOT 1 SECTION 72 ESQUIMALT DISTRICT PLAN VIP69262 EXCEPT THAT PART IN PLAN VIP72059; PID No.: 024-562-203 (798 Goldstream Ave);
• LOT 8, SECTION 72, ESQUIMALT DISTRICT, PLAN 7165, PID No. 004-151-976 (2747 Peatt Rd);
• AMENDED LOTS 5, 7 (DD 248521I), SECTION 72, ESQUIMALT DISTRICT, PLAN 7165, PID No. 005-756-847, 005-756-693 (2753, 2761 Peatt Rd);
• LOTS 3 and 4, SECTION 72, ESQUIMALT DISTRICT, PLAN 7165, PID No. 005-109-736, 000-244-317 (2769, 2779 Peatt Rd);
• THAT PART OF LOT 9, SECTION 72, ESQUIMALT DISTRICT, PLAN 3544, LYING TO THE NORTH EAST OF A STRAIGHT BOUNDARY JOINING POINTS ON THE SOUTH EASTERLY AND NORTH WESTERLY BOUNDARIES OF SAID LOT DISTANT 50 FEET, AND 50 FEET RESPECTIVELY FROM THE MOST EASTERLY AND MOST NORTHERLY CORNERS OF SAID LOT, PID No. 006-227-856, (2734 Claude Rd);
• THAT PART OF LOT 9, SECTION 72, ESQUIMALT DISTRICT, PLAN 3544, LYING TO THE SOUTH WEST OF A STRAIGHT BOUNDARY JOINING POINTS ON THE SOUTH EASTERLY AND NORTH WESTERLY BOUNDARIES OF SAID LOT DISTANT 50 FEET, AND 50 FEET RESPECTIVELY FROM THE MOST EASTERLY AND MOST NORTHERLY CORNERS OF SAID LOT, PID No. 006-227-945 (2738 Claude Rd);
• LOT 8, SECTION 72, ESQUIMALT DISTRICT, PLAN 3544, EXCEPT PART IN PLAN 7819, PID No. 000-006-921 (2742 Claude Rd);
• LOT A and B, SECTION 72, ESQUIMALT DISTRICT, PLAN 7819, PID No. 001-386-425, 001-743-929 (2746 and 2750 Claude Rd);
• PARCEL A (DD 14738W) OF LOT 7, SECTION 72, ESQUIMALT DISTRICT, PLAN 3544, PID No. 006-227-520 (2756 Claude Rd)

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

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

Table 1 (added line)

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 516, (798 Goldstream Ave; 2747, 2753, 2761, 2769 & 2779 Peatt Rd; 2734, 2738, 2742, 2746, 2750 & 2756 Claude Rd), 2017".

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

ADOPTED this day of , 2017.

MAYOR

(Certified Correct)
CORPORATE OFFICER

Schedule A

Section 6.44B – Community Town Centre Pedestrian 9 (C9) Zone (Bylaw No. 1750)

The intent of this Zone is to provide for all types of retail and general business uses customarily associated with the central business districts of urban areas in an environment oriented to pedestrian needs, and to exclude commercial and other uses, other than parking facilities, which do not make intensive use of site, which create breaks in business frontage, which constitute a nuisance, or which are in any way incompatible with the intensive development of a retail and general business area.

6.44B.01 Permitted Uses

The following uses and no others are permitted in the Community Town Centre Pedestrian 9 (C9) Zone: (1) accessory buildings and uses;
(2) apartments;
(3) apartments which may contain multi-family flex units;
(4) film production studios;
(5) financial institutions;
(6) food catering facilities;
(7) group day care in accordance with Section 3.26.02;
(8) health clubs;
(9) home occupation in accordance with Section 3.09;
(10) hotels
(11) library;
(12) minor repair shops (excluding petroleum-powered engines);
(13) offices;
(14) personal service establishments;
(15) premises licensed pursuant to the Liquor Control and Licensing Act;
(16) preschool;
(17) public assembly and entertainment uses;
(18) restaurants, bakeries, and cafes, explicitly excluding drive-in and drive-thru restaurants;
(19) schools, not exceeding 200 m2 (2 150 ft2) of gross floor area, and not in conjunction with any other residential use;
(20) retail stores;
(21) shopping centres;
(22) temporary construction and real estate marketing offices;
(23) theatres, excluding drive-ins;
(24) universities and schools;
(25) veterinary practices;
(26) dog and cat grooming;
(27) churches and places of worship;
(28) assisted living;
(29) hospice; and
(30) uses permitted by Section 3.01 of this Bylaw.

6.44B.02 Subdivision Lot Requirements

(1) No lot having an area less than 695 m² (7 480 ft²) may be created by subdivision in the Community Town Centre Pedestrian 9 (C9) Zone,
(2) No lot may be created having a lot width less than 15.2 m (50 ft).
(3) No lot may be created having a lot depth less than 34 m (112 ft).

6.44B.03 Regulations for Use

(1) All principal uses must be oriented to pedestrian needs and be so located and designed as to avoid vehicular interference with pedestrian movement.
(2) The storage and display of all goods and products must be completely enclosed within a building, except for outside seating and the display of goods for sale at retail.
(3) All accessory uses must be located to the rear of the building accommodating the principal use. In no case may they exceed a height of 4 m (13 ft) or cover a total of more than 10% of the lot area.

6.44B.04 Density of Development

(1) Except as provided in article (2) the floor area ratio may not exceed 0.5
(2) Notwithstanding section 6.44B.04(1), on land whose legal description is set out in Table 1 of Schedule AD, the floor area ratio may be increased to a maximum floor area ratio of 6.0, if the owner of the land proposed to be developed: a) pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a building permit; and

6.44B.05 Lot Coverage

(1) Lot coverage of all buildings and structures may not exceed 90%;
(2) Lot coverage of all buildings and structures may not be less than 40%.

6.44B.06 Setbacks

(1) No building or structure may be located:
a) within 2 m (6.5 ft) of any front lot line; or
b) within 2 m (6.5 ft) of any interior side lot line where the interior side lot line adjoins an area designated Residential or Multiple Residential in the Official Community Plan; or
c) within 2 m (6.5 ft) of an exterior side lot line; or
d) within 2 m (6.5 ft) of any rear lot line; or
(2) In addition to the other articles in this subsection the building, parking and landscaping must be designed and sited in accordance with an approved development permit.

6.44B.07 Landscape Screening

(1) In addition to the regulations contained in Section 3.21 of this Bylaw the following regulations must apply to landscape screening in the Community Town Centre Pedestrian 9 (C9) Zone.
(2) A landscape and screening area not less than 1 m (3 ft) in width containing a decorative fence together with decorative planting of not less than 1.8 m (6 ft) in height will be provided along all lot lines separating the lot from any Residential or Multiple Residential Zone.
(3) Despite Article (2) where the lot abuts a highway with residential across the street a 1.8 m (6 ft) high landscaping screen or solid decorative fence will be provided along the lot line if parking is placed in front of the building.
(4) Notwithstanding Article (2), the landscaping and screening area may be reduced to zero along interior side lot lines, where the interior side lot line adjoins an area designated as Pedestrian Commercial in the Official Community Plan.

6.44B.08 Parking

(1) In addition to the regulations contained in Part 4 of this Bylaw the following regulations apply to parking and loading in the Community Town Centre Pedestrian 9 (C9) Zone.
(2) All parking and loading facilities must be located to the rear of the building accommodating the principal use or underground.
(3) Other than access to an underground parking structure, parking is prohibited on the ground level of any building.

6.44A.9 General

The relevant regulations of Part 3 of this Bylaw must apply.