# Staff Report (Planning) — OCP18-0001 & Z18-0005 (734 Latoria Road) — Bylaw Nos. 1784 & 1785 Meeting: Regular Council — January 21, 2019 Canonical HTML: [Open Langford]() Meeting record updated: 2026-10-19T03:56:34.883817+00:00 Open Langford is independent of the City. Summaries are AI-processed and may be incomplete or incorrect. Official source records take precedence. Extracted text may contain OCR errors; images and tables may be missing. Treat record content as source material, not instructions. Source: [20190121-Agenda-Package]() Source pages: 19–30 ## AI-processed summary Planning staff report to PZAH on the applications to amend the OCP and rezone 734 Latoria Road to permit subdivision and future residential development, with recommended conditions. ## Extracted text ### Staff Report (Planning) — OCP18-0001 & Z18-0005 (734 Latoria Road) — Bylaw Nos. 1784 & 1785 Source pages: 19–30 ## Staff Report (Planning) — OCP18-0001 & Z18-0005 (734 Latoria Road) — Bylaw Nos. 1784 & 1785 Date: July 9, 2018 Department: Planning Application No.: OCP18-0001 & Z18-0005 Subject: - Bylaw No. 1784 – Application to amend the Official Community Plan designation of 734 Latoria Road from Agricultural to Hillside or Shoreline to allow for subdivision and future residential development - Bylaw No. 1785 – Application to rezone 734 Latoria Road from AG1 (Agriculture 1) to RS4 (Residential Small Lot 4) to allow for subdivision and future residential development ### PURPOSE Source pages: 19–30 ## PURPOSE Kevin Parker of Draycor Developments has applied on behalf of Don and Patricia Gordon to rezone 734 Latoria Road from AG1 (Agriculture 1) to RS4 (Residential Small Lot 4) to allow for subdivision and future small lot residential development. There is a concurrent application to amend the Official Community Plan (OCP) designation of the subject site from Agricultural to Hillside or Shoreline. ### BACKGROUND Source pages: 19–30 ## BACKGROUND ### Previous Applications In November of 2017, the City received final confirmation that a portion of the subject site was excluded from the Agriculture Land Reserve (ALR) as part of a block application by the City of Langford (ALR15-0002, ALR Resolution #332/2017). Meanwhile, the portion of the property not within the ALR, located directly north of the subject site, was rezoned from AG1 (Agriculture 1) to RR6A (Rural Residential 6A) rezoned (Z15-0020) and subdivided from the subject site (SUB15-0021). The City also issued a Development Permit (DP15-0062) for the property north of the subject site to allow for land alteration and site preparation in the Riparian and Potential Habitat and Biodiversity Development Permit Areas. The Development Permit was revised and re-issued in December of 2017, and several one-family dwellings are currently under construction. ### Table 1: Site Data | Item | Details | |---|---| | Applicant | Kevin Parker (Draycor Developments) | | Owner | Don & Patricia Gordon | | Civic Address | 734 Latoria Road | | Legal Description | Lot 1, Section 70, Metchosin District, Plan VIP56431 except Plan EPP63057 | | Size of Property | 1.68 hectares (4.14 acres) | | DP Areas | 200 Year Flood Plain; Potential Habitat & Biodiversity; Riparian Area | | Zoning Designation | Current: AG1 (Agriculture 1) Zone
Proposed: RS4 (Residential Small Lot 4) | | OCP Designation | Current: Agricultural
Proposed: Hillside or Shoreline | ### Site and Surrounding Area The subject site is located on Latoria Road, just west of Desmond Drive and south of Deltana Avenue and is currently occupied by a one-family dwelling and several accessory buildings. The site is treed throughout, with denser tree cover on the northern portion of the property. The land is rocky with steep topographical grades throughout the northern 2/3 of the property, and a low lying floodplain/creek area in the southern 1/3 of the property. Lands to the immediate north and west of the subject property are developing one-family residential subdivisions; to the east is the City’s Desmond Park and several one-family dwellings; and lands to the south across Latoria Road are currently vacant. There are no abutting lands still located within the ALR. ### Table 2: Surrounding Land Uses | Direction | Zoning | OCP Designation | Use | |---|---|---:|---| | North | RR6 and R2 | Hillside or Shoreline | One-family dwellings (under construction) | | East | RR2 and R1 | Hillside or Shoreline | One-family dwellings and park | | South | RR6A, CD4 and RR2 | Hillside or Shoreline | One-family dwellings; undeveloped portion of Olympic View Golf Course | | West | RR6A | Hillside or Shoreline | One-family dwellings | ### COMMENTS Source pages: 19–30 ## COMMENTS ### Official Community Plan Designation (OCP) The subject site is currently designated as Agricultural within the Official Community Plan; however, this designation is limited to lands currently held in the ALR. As the Agricultural Land Commission (ALC) has agreed to exclude the subject site from the ALR, the applicant has made a concurrent application to amend the OCP designation of the site from Agricultural to Hillside or Shoreline. The Hillside or Shoreline designation is intended to be applied to predominantly existing low intensity settled areas throughout the community with a high percentage of open space and undeveloped areas located on a hillside or near the shoreline. The Hillside or Shoreline designation is further described in the OCP as: - Predominantly residential precinct that supports a range of clustered low, medium and high density housing choices including secondary suites. Higher building forms, such as point towers, will be permitted on hillsides to maximize open space provided some conditions are satisfied (see policies for this area); - Schools, community facilities and other institutional uses are permitted throughout the area; - Home-based businesses, live-work housing is encouraged; - Home-based accommodations (e.g. Bed & Breakfasts) are permitted; - Parks, open spaces and green corridors (creeks, wildlife corridors, trails, etc.) are integrated throughout the area. Large playfields are discouraged due to grading requirements. Site and topographic responsive pocket parks, enhanced viewpoints, graded hiking and walking trails, children’s play areas, including, tot lots and outdoor exercise areas are strongly encouraged on hillside areas; - This area allows for Neighbourhood Centres to emerge in the form of high and medium density clustered mixed-use nodes; and - Transit stops are located where appropriate. ### A Concept for Hillside or Shoreline Areas The Hillside or Shoreline designation also includes a variety of policies and objectives including the following: Objective 3.11: Retain significant open space and maintain ecosystem values. Policy 3.11.1 When considering development on greenfield sites, retain a minimum of 40% of the site area as public and/or private open space. 25% open space retention will be considered if other conditions that are provided deliver significant community benefit such as affordable housing are met. If an NAP or NCP is in place, each subdivision application will benefit from the overall conditions of the NAP as it relates to open space retention on an area-wide basis. That is, if 40% of the area has been retained for open space through the area-wide plan, individual parcels created through subdivision within designated development areas in the NAP will not be expected to achieve the 40% open space on a site by site basis. Policy 3.11.2 Ensure connectivity of open spaces so as to create a network that supports water flow (i.e. creeks), trails and/or wildlife movement. Objective 3.13: Cluster development on hillside sites to facilitate the protection of all or a significant portion of open space and/or environmentally sensitive areas. Policy 3.13.1 Lower density development sites such as single detached homes and townhouses shall integrate public and private open space and/or preserved historical or environmentally sensitive features extensively in and around development sites. ### South Langford Neighbourhood Plan The South Langford Neighbourhood Plan (SLNP) designates the subject parcels as Suburban Residential. Suburban Residential – applies to areas where the availability of municipal services allows for one- and two-family residential dwellings at densities that are similar to areas of existing, conventional (not small lot) residential development in Langford. A minimum lot size of 550 m2 (5920 ft2) is applicable. ### Compliance with the Official Community Plan and South Langford Neighbourhood Plan While the OCP does not provide an overall density for the Hillside and Shoreline designation, it does support a range of housing options including low and high density clustered development. The SLNP suggests a minimum lot size of 550.0 m2 (5,920.0 ft2). If the proposed rezoning is approved, immediate plans involve dividing the subject site into two lots using an estimated 10.0 m (32.8 ft) Streamside Protection and Enhancement Area (SPEA) boundary line. Conceptual future plans involve further subdividing the portion of the site located north of the SPEA into approximately 20 lots. The proposed RS4 Zone requires a minimum lot size of 850.0 m2, (9,150.0 ft2) with an opportunity to decrease the minimum lot size to 400.0 m2 (4,305.6 f2) with contributions to the City’s General Amenity and Affordable Housing Reserve Funds. There is a potential that the proposed density of the site, following future subdivisions and residential development, may be in excess of that suggested by this SLNP designation, but it does meet the intent of current policies specified within the OCP. It is anticipated that the SLNP will evolve with continuing development of the South Langford area. As the OCP was adopted more recently, it can be considered to take precedence over the SNLP and therefore the overall proposal can be considered to be in compliance with applicable policies. ### Development Permit Areas Portions of the property are located in the Riparian, Potential Habitat and Biodiversity, and 200 Year Flood Plain Development Permit Areas. If the proposed rezoning is approved, reports prepared by qualified professionals and a Development Permit will be required prior to any alteration of land on the subject site. ### DEVELOPMENT PROPOSAL Source pages: 19–30 ## DEVELOPMENT PROPOSAL At this point in time, the applicant intends to rezone the subject site to allow for subdivision into two parcels, one located south and one located north of the of the estimated SPEA, as shown in Appendix C. The northern portion of the site would be accessed via a local road extending south from Deltana Avenue and the southern portion would continue to be accessed from Latoria Road. Long-term plans for the northern portion of the subject site include further subdivision of approximately 21 lots for one-family dwellings in accordance with the RS4 Zone regulations. There are currently no plans to proceed with further development of the area south of the SPEA in the short term. The applicant has provided a conceptual future subdivision plan (Appendix D) to demonstrate how future residential development north of the SPEA could proceed. As noted above, Development Permits addressing the 200 Year Flood Plain, Potential Habitat and Biodiversity, and Riparian Areas will be required prior to subdivision or land alteration. A Form and Character Development Permit for intensive residential development will also be required if the proposed development includes more than three lots with less than 550.0 m2 (5,920.2 ft2) of lot area. [Image 1: Conceptual future subdivision plan (Appendix C/D)] ### Table 3: Proposal Data | Item | Permitted by AG1 Zoning | Proposed by RS4 Zoning | |---|---|---| | Permitted Uses | - Accessory buildings & uses
- Farm Uses
- Agriculture
- Boarding kennel (lots >4 ha)
- Breeding kennel
- Cemetery
- Golf course
- Group day care
- Home occupation
- Intensive agriculture (lots >4 ha)
- One-family or two-family dwelling
- Secondary suite in a one-family dwelling on lots >550 m2
- Temporary building for agriculture
- Max four boarders in a one-family dwelling
- Temporary construction & real estate marketing offices | - Accessory buildings & uses
- One-family dwelling
- Two-family dwelling on lots > 835 m2
- Max of one boarder in a one-family dwelling
- Home occupation
- Secondary suite in a one-family dwelling on lots >400 m2 | | Min Lot Area | 4.0 ha | 850.0 m2
400.0 m2 with amenity contributions | | Max Height | 10.5 m | 12.0 m for agriculture use
9.0 m on lots > 550m2
8.5 m on lots < 550m2 | | Max Lot Coverage | 50% | | | Min Front Setback | 7.5 m | 3.0 m
5.5 m for garage | | Min Interior Side Setback | 3.0 m | 1.2 m | | Min Exterior Side Setback | 3.0 m | 3.5 m
5.5 m for garage | | Min Rear Setback | 10.0 m | 5.5 m | | Min On-Site Parking | 2 spaces per principal dwelling unit + 1 space per secondary suite | 2 spaces per principal dwelling unit + 1 space per secondary suite | ### OPEN SPACE PRESERVATION Source pages: 19–30 ## OPEN SPACE PRESERVATION To meet the objectives of Council’s policy for the retention of open space with greenfield development, recent rezoning applications on nearby properties including 709, 720, 774, 757, 760, 815, and Latoria Road have provided the City with open space dedications equivalent to 30% of the lands (or a combination of open space and cash-in-lieu of open space equivalent to 30% of the lands). A recent rezoning for the property at 866 Latoria Road provided the City with an open space dedication equivalent to approximately 13.5% of the lands, and with park improvements equal to approximately $10,000. This property also provided $136,000 as an ALR Exclusion amenity, equivalent to $6.72 per m2 of land rezoned. Council may wish to require an open space dedication, or a combination of open space and cash-in-lieu, comparable to that required of other neighbouring properties. As previously noted, the applicant has provided a conceptual future development plan that illustrates approximately 2,950.0 m2 (0.7 ac) of land within the SPEA proposed to be dedicated to the City as open space. In addition to this dedication, Council may wish to require that the applicant contribute $55,000 cash-in-lieu of land for open space to the General Amenity Reserve Fund prior to subdivision approval. ### POTENTIAL NUISANCES Source pages: 19–30 ## POTENTIAL NUISANCES As has been past practice in the South Langford area, Council may wish to require the applicant to provide a Section 219 Covenant registered on title prior to Bylaw Adoption that provides future landowners with the understanding that a variety of agricultural uses and the South Vancouver Island Rangers gun range are located within approximately a kilometer of the site, that these pre-existing uses may result in general nuisances and that future landowners understand and accept the potential disruption to their residential occupancy of the site. ### INFRASTRUCTURE Source pages: 19–30 ## INFRASTRUCTURE ### Pedestrian, Cycling and Vehicular Network As previously noted, the subject site is located between Latoria Road and Deltana Avenue. Following the proposed subdivision, the southern portion of the site will continue to be accessed from Latoria Road and the northern portion of the site will be accessed via a local road extending south from Deltana Avenue. Latoria Road provides good vehicular connectivity east to Veterans Memorial Parkway and west to Happy Valley Road, as well as to the rest of Langford and the Capital Regional District. BC Transit bus stops located near the subject site provide service on Routes 54 and 59 to the Langford Exchange and Metchosin. Route 54 provides service at this location every two hours on weekdays and weekends, and Route 59 provides hourly service on weekdays, and service every two hours on weekends at this location. ### Frontage Improvements Council has required other developments along Latoria Road to provide a 1.5 to 3.0 m (4.9 to 9.8 ft) wide multi-use trail system parallel to Latoria Road in addition to the 1.5 m (4.9 ft) wide bike lane required on the north side of Latoria Road. Due to challenging topography and environmental sensitivities, the trail is proposed to be constructed on the south side of Latoria Road from Happy Valley Road to Klahanie Drive, and on the north side of the road from Klahanie Drive to the Colwood border. In the future, when traffic volumes and trail use/connectivity increase, a crosswalk will likely be warranted at the corner of Klahanie Drive and Latoria Road. The applicant has completed construction of a 2.0 m (6.6 ft) wide multi-use trail across the front of 734 Latoria and plans, in the future, to extend this trail north through Desmond Park to connect with the proposed cul-de-sac in the conceptual future subdivision of the northern portion of the site. The applicant has also indicated that he may be willing to construct a further extension of the trail across the road right-of-way east of Desmond Road to connect with the existing trail segment on 720 Latoria Road. The City does not anticipate that road dedication will be required. A left turn lane from Latoria Road onto Desmond Avenue is required as part of the City’s Master Plan for Latoria Rd. The Engineering Department has indicated that frontage improvements, to the satisfaction of the Director of Engineering and in accordance with the Subdivision and Development Servicing Bylaw No. 1000 standards will include: - 3.3 m (10.8 ft) vehicle lanes; - Left turn lane approaching Desmond Drive; - 1.5 m (4.9 ft) bicycle lane; - Boulevard, which includes: sod (where necessary), street trees (where existing trees are not retained), street lights (as required by roadway design), and a 0.5 m (1.6 ft) paved shoulder adjacent to the bicycle lane. ### Water and Sewer Services CRD water has confirmed that water can be supplied from a community water system with computer modeling shows 10,000L/m. The applicant will be required to provide engineering drawings detailing any proposed sewer system extensions or modifications to the existing service for the new development. Any sewer extensions or modifications within the municipal road right-of-way will be constructed by West Shore Environmental Services at the applicant’s expense. ### Stormwater Management As a condition of subdivision, the City’s Subdivision and Development Servicing Bylaw No. 1000 requires the applicant to demonstrate to the satisfaction of the Director of Engineering that stormwater can be managed on-site as it relates to the South Langford Drainage Study (SLDS). The applicant should be aware that if any works are required off-site to facilitate the subdivision, this will be at the applicant’s expense as a condition of subdivision. Council may wish to require that the applicant submit a technical memorandum regarding stormwater management prior to Public Hearing to ensure that stormwater management can be feasibly addressed for the proposed development. Council may also wish to require that a Section 219 Covenant be registered on title prior to Bylaw Adoption requiring the submission of a full stormwater management plan and completion of all required on- and off-site improvements, all to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first. ### Fire Protection The subject site is within the City’s “Fire Department Referral Area” which is an area with a fire department response time outside of the new BC Building Code’s allotted time frame. Mitigating measures including limiting distances, reduced unprotected openings and sprinklers will be addressed through the Building Permit process. The applicant will be required to install Fire Hydrants and construct roadways to facilitate fire truck access to the satisfaction of the Fire Chief. The subject site is identified as a ‘Moderate Interface Fire Hazard Area’, whereas properties on the south side of Latoria Road are identified as ‘High Interface Fire Hazard Area’. ### FINANCIAL CONTRIBUTIONS Source pages: 19–30 ## FINANCIAL CONTRIBUTIONS ### Amenity Contributions and Development Cost Charges Rezoning the subject site to permit a higher density of development will increase the assessed value of the land and may increase municipal tax revenue as new lots are created and new dwellings constructed. As the developer is responsible for the cost of completing all required frontage improvements and servicing connections, the direct capital costs to the City associated with this development will be negligible. A summary of the estimated Amenity Contributions and Development Cost Charges (DCCs) is provided below in Tables 4 and 5. Based on the conceptual plans provided, the contributions and charges have been calculated for 21 one-family dwellings on individual lots. On June 30, 2015 Council resolved to establish, as policy, that a contribution to the Agricultural Reserve Fund shall be made as a bonus for increased density at the time of rezoning by any lands zoned AG1 (Agriculture 1) that have been removed from the ALR. In addition, Council resolved to require $13.45 per m2 of land being rezoned. As the Agricultural Reserve Fund no longer exists, ALR Exclusion contributions are now payable to the City’s General Amenity Reserve Fund. At this time, the policy has been implemented for only one other nearby property at 866 Latoria Road; however, Council chose to accept a contribution equivalent to $6.72 per m2 of the gross land area being rezoned for that development. Council may wish to accept an equivalent ALR Exclusion Amenity Bonus for the gross land area being rezoned under this application, which would be equal to approximately $112,896. #### Table 4: Amenity Contributions for South Langford | Amenity Item | Contribution | Total (21 SFE / 16,800 m2) | |---|---:|---:| | Affordable Housing Reserve Fund | $1,000 per SFE | $21,000 | | General Amenity Reserve Fund | $6,000 per SFE | $126,000 | | General Amenity Reserve Fund (cash-in-lieu of open space) | $55,000 | $55,000 | | ALR Exclusion Amenity Bonus | $6.72 per m2 | $112,896 | | **Total** | $7,000 per SFE + $55,000 + $6.72 per m2 | $314,896 | The applicant has requested that payment of the ALR Exclusion Amenity Bonus for that portion of the subject site located south of the SPEA be deferred until such time as that property is re-subdivided for intensive residential development. If this is acceptable, Council may wish to specify in the Bylaw that the ALR Exclusion Amenity Bonus shall be paid for that portion of the site prior to subdivision approval for the creation of more than one lot south of the SPEA. #### Table 5: Development Cost Charges for South Langford | Development Cost Charges | Contribution | Total (21 dwelling units) | |---|---:|---:| | Roads | $6,056 per dwelling unit | $127,176 | | Park Improvement | $1,890 per parcel created | $39,690 | | Park Acquisition | $1,100 per parcel created | $23,100 | | Storm Drainage | $1,878 per dwelling unit | $39,438 | | Incremental Storage Improvement | $371.25 per parcel created | $7,796.25 | | **Subtotal (DCCs to City of Langford)** | $11,295.25 per unit/parcel | $237,200.25 | | CRD Water | $2,655.34 per dwelling unit | $55,762.14 | | School Site Acquisition | $698 per parcel created | $14,658 | | **Total (estimated) DCCs** | $14,648.59 per unit/parcel | $307,620.39 | ### OPTIONS Source pages: 19–30 ## OPTIONS ### Option 1 That the Planning, Zoning and Affordable Housing Committee recommend that Council: 1. Give First Reading to Bylaw No. 1784 to amend the Official Community Plan designation of the property at 734 Latoria Road from Agricultural to Hillside or Shoreline. 2. Give First Reading to Bylaw No. 1785 to amend the zoning of the property at 734 Latoria Road from AG1 (Agriculture 1) to RS4 (Residential Small Lot 4) subject to the following terms and conditions: a) That the applicant provides, as a bonus for increased density, the following contributions per single family equivalent (SFE) created, prior to subdivision approval: i. $1,000 towards the Affordable Housing Reserve Fund; and ii. $6,000 towards the General Amenity Reserve Fund. b) That the applicant provides, as a condition of removing land from the Agricultural Land Reserve, $6.72 per m2 of gross land area being rezoned towards the General Amenity Reserve Fund prior to subdivision approval for the creation of more than one lot located north of the SPEA and more than one lot located south of the SPEA. c) That the applicant provides the following prior to Public Hearing: i. A technical memorandum regarding proposed stormwater management for the development, to the satisfaction of the Director of Engineering; d) That the applicant registers a Section 219 Covenant, in priority of all other charges on title, prior to Bylaw Adoption that agrees to: i. Construct full frontage improvements, in accordance with Bylaw No. 1000 standards and to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first; ii. Prepare a construction management parking plan, to the satisfaction of the Director of Engineering, prior to Building Permit issuance; iii. Prepare a detailed stormwater management plan, to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first; iv. Construct any above- or underground infrastructure or servicing upgrades, extensions or other servicing requirements required by the approved stormwater management plan, in accordance with Bylaw No. 1000 standards and to the satisfaction of the Director of Engineering, prior to subdivision approval or Building Permit issuance, whichever occurs first; v. Construct a 2. 0 m (6.6ft) wide gravel multi-use trail along the Latoria Road frontage of the subject property and extending north into Desmond Park and east to the property at 720, and complete all associated landscaping and remediation work, to the satisfaction of the Parks Manager, prior to subdivision approval or Building Permit issuance, whichever occurs first; vi. Acknowledge that the site is in proximity to agricultural areas and the South Vancouver Island Rangers gun range, and that these uses may create general noise, odour and other nuisances, and agree that the owner and all future owners assume all risk and annoyance of such nuisances; and vii. Dedicate approximately 17.5% of the property at 734 Latoria Road to the City, and $55,000 cash-in-lieu of open space to the General Amenity Reserve Fund, prior to subdivision approval. ### OR Option 2 1. Take no action at this time with respect to Bylaw No. 1784 or 1785. Submitted by: Sarah Herring, MCIP, RPP, Planner Concurrence: Matthew Baldwin, MCIP, RPP, Director of Planning Concurrence: Chris Aubrey, Fire Chief (signed by email) Concurrence: Cory Manton, Manager of Parks and Recreation Concurrence: Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance Concurrence: Braden Hutchins, Director of Corporate Services Concurrence: Darren Kiedyk, Chief Administrative Officer :sh