BYLAW NO. 1748 — Langford Zoning Bylaw, Amendment No. 514 (2844 Millstream Rd)

Staff Report to Council

Date:

February 19, 2018

Department:

Planning

Application No.:

Z17-0042

Subject:

Bylaw No. 1748 - Application to Rezone 2844 Millstream from CS1 (Commercial Service 1) Zone to the MU1A (Mixed Use Residential Commercial) Zone to Allow the Construction of a 6 Storey Building

At their Regular Meeting of November 14th, 2107, Council passed the following resolution with respect to the property at 2844 Millstream Road:

1. Direct Staff to prepare a Bylaw to amend the text within the MU1A zone to permit a minimum lot coverage of 35% for the subject property;

2. Direct Staff to prepare a Bylaw to amend the zoning designation of the property located at 2844 Millstream Road from CS1 (Commercial Service 1) to MU1A (Mixed Use Residential Commercial) subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per unit, which may be reduced by 75% if rental tenure is secured for a term of no less than 10 years, prior to subdivision approval:

i. $2,562 per unit towards the General Amenity Reserve Fund;
ii. $610 per unit towards the Affordable Housing Reserve Fund;

b) That the applicant provides, prior to Public Hearing, the following:

i. A stormwater management assessment reviewed by the Director of Engineering; (Completed)

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 the applicant provide a construction parking management plan, to the satisfaction of the Director of Engineering, prior to issuance of a building permit;
ii. That the applicant provide a stormwater management plan, to the satisfaction of the Director of Engineering and in accordance with Bylaw No. 1000, prior to building permit issuance;
iii. That the applicant acknowledges and agrees to design the proposed development, in accordance to the updated parking regulations as determined by Council, to the discretion of the Director of Planning;
iv. That the applicant agrees to implement the approved storm water management plan and to complete any required improvements and/or upgrades to on site and off site infrastructure necessary to facilitate proper drainage on the subject property at the applicant’s expense;
v. That the applicant will construct full frontage improvements, including, but not limited to, the installation of a sidewalk to the corner of Meaford Avenue and Millstream Road to align with the sidewalk along Meaford Avenue, in accordance with Bylaw No.1000 and to the satisfaction of the Director of Engineering, prior to building permit issuance.
vi. That any necessary above or underground infrastructure or servicing upgrades, extensions or other required servicing requirements are to be fulfilled at the applicant’s expense; and
vii. That the applicant acknowledges that the proximity to industrial business operators may be a nuisance to the future residents of the development;

COMMENTS

Staff have prepared Bylaw No. 1748 in accordance with Council’s resolution of 14 November 2017. The developer has registered a Section 219 covenant as per items 2c) i through vii of Council’s resolution. As there are no additional conditions required prior adoption of this Bylaw, Council may now wish to proceed with adoption of Bylaw 1748.

This Bylaw was approved by the Ministry of Transportation on January 12th, 2018.

OPTIONS

That Council:

1. Adopt Bylaw No. 1748;
2. Take no action at this time with respect to Bylaw No. 1748;

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Respectfully Submitted

Submitted by:
Lauren Morhart, MCIP, RPP Planner

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Cory Manton, Manager of Parks and Recreation

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

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

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

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

:lhm

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CITY OF LANGFORD

BYLAW NO. 1748

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 the text within Subsection 6.51A.05(4) and 6.51A.05(5) and replacing it with the following:

(4)
“Despite article (2), the lot coverage of all buildings and structures on the properties legally described as Lots 1 and 2, Section 72, Esquimalt District, Plan 15185 (720 and 724 Meaford Avenue), Lot A, Section 72, Esquimalt District, Plan EPP61132 (732 Meaford Avenue) and Lot 3, District Lot 72, Esquimalt District, Plan 27017 (2844 Millstream Road) may not be less than 35%.”

2. By deleting from the CS1 (Service Commercial) Zone and adding to MU1A (Mixed-Use Residential Commercial A) Zone the property legally described as Lot 3, District Lot 72, Esquimalt District, Plan 27017; PID No. 002-522-144 (2844 Millstream Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

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

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 514, (2844 Millstream Rd), 2017".

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

PUBLIC HEARING held this 8th day of January, 2018.

READ A SECOND TIME this 8th day of January, 2018.

READ A THIRD TIME this 8th day of January, 2018.

APPROVED BY THE MINISTRY OF TRANSPORTATION THIS 12th day of January, 2018.

ADOPTED this of, 2018.

MAYOR

(Certified Correct)
CORPORATE OFFICER

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Schedule A