BYLAW NO. 1885: Langford Zoning Bylaw, Amendment No. 583 (1100 McCallum Rd and 2780 Spencer Rd), Bylaw No. 1885, 2020

CITY OF LANGFORD

BYLAW NO. 1885

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 to Section 1.01 the following text, ‘ “Automobile Dealership” means a retail outlet that carries an automobile manufacturer’s product line through a contract with the automobile manufacturer. The automobile dealership may sell and service automobiles and parts associate with automobiles.’

2. By adding as Section 6.53C that text attached as Schedule B;

3. By replacing Section 6(f) of Appendix G with the text attached as Schedule C;

4. By replacing Section 10(e) of Appendix H with the text attached as Schedule C;

5. By adding to the MUE3 (Mixed Use Employment 3) Zone the property legally described as LOT A SECTION 99 ESQUIMALT DISTRICT PLAN EPP21818, PID No. 029-066-361 (1100 McCallum Rd) and THAT PART OF SECTION 99, ESQUIMALT DISTRICT, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTH BOUNDARY OF PLAN 990 RW; ON THE EAST BY THE EASTERLY BOUNDARY OF SAID SECTION; ON THE SOUTH BY THE NORTHERLY BOUNDARIES OF PLAN 6546 AND 8988; AND ON THE WEST BY THE WESTERLY BOUNDARY OF SAID SECTION EXCEPT THAT PART IN PLAN VIP62431 AND VIP84622, PID No. 004-333-233 (2780 Spencer Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

6. By adding as Schedule AM the map attached as Schedule D.

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 583, (1100 McCallum Rd and 2780 Spencer Rd), Bylaw No. 1885, 2020".

READ A FIRST TIME this 18th day of February, 2020.

PUBLIC HEARING WAIVED BY RESOLUTION OF COUNCIL this 6th day of April, 2020.

READ A SECOND TIME this day of, 2020.

READ A THIRD TIME this day of, 2020.

APPROVED BY THE MINISTRY OF TRANSPORTATION THIS day of , 2020.

ADOPTED this of, 2020.

MAYOR

(Certified Correct)
CORPORATE OFFICER

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Schedule A

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Schedule B

Section 6.53C – Mixed-Use Employment 3 (MUE3) Zone (Bylaw 1885)

6.53C.01 Permitted Uses

(1) With those portions of lands identified as ‘Area 1’ on the zone map attached as Schedule ‘AM’, the following uses and no others are permitted:

Restaurant, Retail and Other Service Commercial Uses

• (a) Animal hospital in enclosed buildings;
• (b) Auction;
• (c) Automobile dealership;
• (d) Business support service;
• (e) Car wash;
• (f) Equipment sales, service, repair and rental, minor
• (g) Film production studio;
• (h) Financial institution;
• (i) Catering;
• (j) Gasoline service station;
• (k) Fitness centre;
• (l) Household equipment and appliance service and repair;
• (m) Hotel;
• (n) Licensed premises;
• (o) Liquor store;
• (p) Medical clinic;
• (q) Office;
• (r) Personal service establishment;
• (s) Pet daycare;
• (t) Restaurants, drive-through;
• (u) Retail store;

General Uses

• (v) Accessory buildings and uses;
• (w) Accessory unenclosed storage;
• (x) Temporary construction and real estate marketing office;
• (y) Uses permitted by Section 3.01 of this Bylaw;

Business and Technology Uses

• (z) Electronics sales, service and manufacturing;
• (aa) Research and development facility

Educational, Cultural and Recreational Uses

• (bb) Community care facility;
• (cc) Cultural facility;
• (dd) Group daycare subject to Section 3.26.02;
• (ee) Recreation facility, indoor;
• (ff) Recreation facility, outdoor;
• (gg) School;

Residential Uses

• (hh) Apartment;
• (ii) Assisted living;
• (jj) Caretaker dwelling unit;
• (kk) Home occupation subject to Section 3.09;
• (ll) Townhouse; and
• (a) Manufactured home and modular housing, subject to the Manufactured Home Park (RH1) Zone.

(2) Within those portions of the lands identified as ‘Area 2’ on the zone map attached as Schedule ‘AM’, the following uses and no other are permitted:

• (b) Apartment;
• (c) Townhouse;
• (d) Manufactured home and modular housing, subject to the Manufactured Home Park (RH1) Zone.

(3) Notwithstanding Section 6.53C.01(2), those portions of the lands identified as ‘Area 2’ on the zone map attached as Schedule ‘AM’ are permitted the uses under Section 6.53C.01(1) if no manufactured home or modular housing exists within any lot of ‘Area 2’.

6.53C.02 Height of Principal Use Buildings

• No townhouse may exceed a height of three storeys.

6.53C.03 Setbacks

(1) No building or structure may be located:

• (a) Within 2.0m (6.5 ft) of any lot line that adjoins a highway;
• (b) Within 6.0m (20 ft) of any lot line that adjoins a lot in a Residential or Multiple Residential Zone;

(2) Notwithstanding subsection 6.53C.03(1), no townhouse may be located:

• (a) Within 3.0m (9.8 ft) of any front lot line, nor within 5.5m (18 ft) of a portion of a building comprising of an attached garage;
• (b) Within 5.5m (18 ft) of any rear lot line;
• (c) Within 1.5m (5.0 ft) of an interior side lot line;
• (d) Within 3.5m (11.5 ft) of any exterior side lot line.

6.53C.04 Density of Development

1. There may not be any development on any parcel of land that does not have access to a highway, and where a parcel of land has access to a highway there may not be more than one residential dwelling unit or more than 150m2 of non-residential gross floor area in the Mixed-Use Employment 3 (MUE3) Zone;

2. Notwithstanding subsection 6.53C.04(1), there may be more than one residential dwelling unit, and more than 150m2 of non-residential gross floor area in Area 1 of Schedule ‘AM’ for the Mixed-Use Employment 3 (MUE3) Zone, if the owner of the land proposed to be built upon has:

   • (a) Provided to the City of Langford, to the satisfaction of Council;
     • i. A minimum of 4.0 hectares of land dedication within in a form and location to the satisfaction of the Director of Planning; and
     • ii. Land dedication, or the registration of a non-disturbance covenant, of any additional lands within Area 1 of Schedule ‘AM’ that a qualified professional determines needs to be protected, as per their analysis of the development permit areas.

3. Notwithstanding subsection 6.53C.04(1), there may be more than one residential dwelling unit, and more than 150m2 of non-residential gross floor area in Area 2 of Schedule ‘AM’ for the Mixed-Use Employment 3 (MUE3) Zone, if the owner of the land proposed to be built upon has:

   • (a) Provided, to the satisfaction of Council;
     • i. An amenity building with a minimum gross floor area of 93m² (1,000 ft²) within the mobile home park for the use of the residents of the mobile home park, designed to the satisfaction of the Director of Planning; and
     • ii. Land dedication, or the registration of a non-disturbance covenant, of any additional lands within Area 2 of Schedule ‘AM’ that a qualified professional determines needs to be protected, as per their analysis of the development permit areas.
   • (b) Maintained a minimum of 40 manufactured home or modular housing units within Area 2.

4. Under no circumstances may the density of development within the MUE3 zone exceed a floor area ratio of 6:1;

5. Notwithstanding Section 6.53C.04(3), there may not be more than 78 manufactured or modular homes within ‘Area 2’ on the zone map attached as Schedule ‘AM’ nor may the density of any non-manufactured/modular homes exceed 50 units per hectare (20 units per acre) without implementing recommendations of a Traffic Impact Assessment that ensures vehicular movements are at an acceptable level of operational capacity.

6.53C.05 General

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

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Schedule C

For those lands located within the Mixed-Use Employment 2 (MUE2) Zone and the Mixed-Use Employment 3 (MUE3) Zone, the following additional landscaping provisions shall apply:

I. A continuous landscape and screening area not less than 2.0 m wide shall be provided along the developed portion of each lot which abuts a highway. The landscaping shall have a height of not less than 1.5 m and may include a decorative fence.

II. A continuous landscape and screening area not less than 2.5 m wide containing a decorative fence not less than 1.8 m in height together with decorative planting must be provided along the developed portion of each lot which abuts a property in a Residential or Multiple Residential Zone, except where the boundary between the two lots is separated by a highway. This landscape and screening area may be interrupted at boulevard crossings, or to provide necessary pedestrian access for entering a building or for viewing shop windows.

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Schedule D

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Notices and Newspaper Extracts

Goldstream Gazette extract (selected notices and articles relevant to Bylaw No. 1885)

• The West Shore RCMP has been cleared of any wrongdoing in relation to a suicidal man who was seriously injured after being subdued by a conducted energy weapon (CEW) and police service dog last spring. (Goldstream Gazette, Wednesday, April 22, 2020 A11)

• West Shore podcast highlights COVID-19 pandemic and local businesses. (Goldstream Gazette)

NOTICE OF PUBLIC HEARING BEING WAIVED (Bylaw No. 1882)

• NOTICE is hereby given that pursuant to Section 464(2) of the Local Government Act, the Council of the City of Langford has waived the holding of a Public Hearing for Bylaw No. 1882 (being a Bylaw to amend Zoning Bylaw No. 300 for the City of Langford).

Proposal:

• The purpose of Bylaw No. 1882 is to amend the City of Langford Zoning Bylaw No. 300 by amending the zone of the property located at 936 Jenkins Avenue and a portion of 919 Rex Road from One-and Two Family Residential (R2) to Residential Small Lot 3 (RS3) to allow for a small lot subdivision of 4 single-family homes.

Applicant: Diane Larkey

Location:

• The land that is the subject of Bylaw No. 1882 is located at 936 Jenkins Ave and a portion of 919 Rex Rd as shown shaded below.

Council will be considering Bylaw No. 1882 at the following meeting:
Date: Monday, 4 May 2020
Time: 5:30 pm

COPIES of the complete Bylaw and other material that the Council may consider in relation to the Bylaw may be viewed online at: www.cityoflangford.ca/, or made available upon request by emailing to planning@langford.ca or in writing to Langford City Hall, 2nd Floor, 877 Goldstream Avenue, Langford, BC, V9B 2X8 for the duration of the pandemic emergency.

Please contact David Sametz in the Planning Department at 250-478-7882 or email dsametz@langford.ca with any questions on this Bylaw.

Braden Hutchins
Director of Corporate Services

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NOTICE OF PUBLIC HEARING BEING WAIVED (Bylaw No. 1885)

• NOTICE is hereby given that pursuant to Section 464(2) of the Local Government Act, the Council of the City of Langford has waived the holding of a Public Hearing for Bylaw No. 1885 (being a Bylaw to amend Zoning Bylaw No. 300 for the City of Langford).

Proposal:

• The purpose of Bylaw No. 1885 is to amend the City of Langford Zoning Bylaw No. 300 by amending the zoning of the property located at 1100 McCallum Road and 2780 Spencer Road from One- and Two-Family Residential (R2), Rural Residential 4 (RR4), Mobile Home Park (RH1), Tourist Commercial – Motel (CT1), and Comprehensive Development – South Skirt Mountain (CD12) to a new Mixed-Use Employment 3 (MUE3) zone. This would allow for the future development of these lands to residential, multi-family, and commercial uses.

Applicant: Niall Paltiel, Keycorp Consulting Ltd.

Location:

• The lands that are the subject of Bylaw No. 1885 are located at 1100 McCallum Rd and 2780 Spencer Rd as shown shaded on the plan.

Council will be considering Bylaw No. 1885 at the following meeting:
Date: Monday, 4 May 2020
Time: 5:30 pm

COPIES of the complete Bylaw and other material that the Council may consider in relation to the Bylaw may be viewed online at: www.cityoflangford.ca/, or made available upon request by emailing to planning@langford.ca or in writing to Langford City Hall, 2nd Floor, 877 Goldstream Avenue, Langford, BC, V9B 2X8 for the duration of the pandemic emergency.

Please contact Robert Dykstra in the Planning Department at 250-478-7882 or by email at rdykstra@langford.ca with any questions on this Bylaw.

Braden Hutchins
Director of Corporate Services

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Correspondence and Public Submissions (selected)

Email received via Langford website (From: Cathy Armstrong)

From: Trina Cruikshank
To: Trina Cruikshank
Subject: Bylaws, Council/Committee Meetings and Agendas
Date: Monday, April 6, 2020 10:09:56 AM

You have received an email from Cathy Armstrong via the Langford website contact us form

Name: Cathy Armstrong
Email: carmstrong@conservancy.bc.ca
Phone: 2504798053
Address: PO Box 50054, RPO Fairfield Plaza

Message:

April 3, 2020

Mayor and Council
City of Langford
2nd Floor, 877 Goldstream Avenue,
Langford, British Columbia, V9B 2X8

Re: Triway Developments development proposal

Dear Mayor and Council,

TLC The Land Conservancy of British Columbia is aware of an application for development of the 50 acres spanning Highway 1 near the Leigh Road overpass. We have inspected this property in the past, and note that there is a significant stand of Garry Oaks and a small pond. This sensitive area is located in close proximity to Florence Lake Park.

We have been contacted by a local resident and long time TLC supporter who is concerned about the potential destruction of this critical ecosystem.

TLC strongly encourages the investigation of protective measures to ensure the health and conservation of these beautiful Garry Oaks and to preserve the pond for the benefit of local wildlife. Ideally this area should be conserved and added to Florence Park.

This is an opportunity to do the right thing, to protect critical wildlife habitat and conserve greenspace, we are hopeful that a solution can be found.

Cathy Armstrong
Executive Director
TLC The Land Conservancy of British Columbia

PO Box 50054 RPO Fairfield Plaza, Victoria BC V8S 5L8

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Email chain: Kramer lands (excerpt)

From: Robert Dykstra
To: Suzette Chapman
Cc: Matthew Baldwin; Leah Stohmann
Subject: FW: Kramer lands
Date: Friday, April 24, 2020 3:57:11 PM

Hi Suzette,

Below is correspondence we received regarding Z19-0029.

Thanks,
-Rob

From: [redacted sender]
Sent: April 24, 2020 3:06 PM
To: lzpak@langford.ca; sandrews@langford.ca; Norma Stewart nstewart@langford.ca
Cc: Robert Dykstra rdykstra@langford.ca
Subject: Kramer lands

Hello,

We reach out to you in the hope that you will work to help Jim Hartshorne protect more than the minimum 10 acres of these special lands. Right now there are masses of shooting stars blooming, some trillium still, camas starting, and some rare calypso orchids. Garry Oaks, fir, arbutus, hawthorne, rose; there is incredible diversity located here.

Please read some of what we're reading: Ann Dale's Edging Forward: Achieving Sustainable Community Development, Diana Beresford-Kroeger, and Richard Louv. Dr. Suess's The Lorax is also applicable here in Langford.

We know urban development was the OCP of the 90's, but we've come a long way since then and we know better now. Be on the right side of history: allow nature some rights.

Thankyou,

[signature redacted]

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Email to Langford Planning General Mailbox regarding Bylaw No. 1885 notice

From: [redacted]
To: Langford Planning General Mailbox
Subject: 1100 McCallum Road & 2780 Spencer Road
Date: Monday, April 27, 2020 8:24:58 AM
Attachments: Langford.pdf

Good morning,

My mother, [redacted], received the attached Notice of Public Hearing for May 4, 2020.

As there will not be a public hearing, kindly provide a specific link to this or please mail all the documents to:

Tel: [redacted]
Fax: [redacted]
Email: [redacted]

I am the daughter, [redacted].

Thank you. Be well. Stay well.

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Letter to Mayor Stew Young re Rezoning of 2780 Spencer Road – Tri-Way Mobile Park

City of Langford
2nd Floor – 877 Goldstream Avenue,
Langford, BC, Canada
V9B 2X8
250-478-7882

Thursday, April 02, 2020

Attention: Mayor Stew Young

Re: Rezoning of 2780 Spencer Road – Tri-Way Mobile Park

I would like to thank Mr. Robert Dykstra to help me to understand the process I needed to do regarding the zoning of the property.

I have some questions and concerns I do not feel have been addressed. As for the zoning of the property I currently reside in, I understand there will be a small number of units that will remain in the mobile home park but it is unclear as to which units these may be.

1. Are the units that make up the small portion of this development going to remain in their current locations; or will the existing units need to be moved?
2. Can you provide which area of the park will be designated for this purpose?

My husband and I are both old age pensioners with minimal income. It would be our desire to remain in the park however our unit can not be moved. This is a common concern amongst our neighbours who are in the same financial situation.

The uncertainty of our future is very stressful causing a great deal of anxiety and is detrimental to our physical and mental health.

Another concern I have is the confinement due to the Covid-19 pandemic. We have been informally told that the legal process for the purchase of the park will happen in August 2020, giving residents 1 year to relocate after this date. I understand from our Prime Minister, Premier, and Dr. Henry the end of this pandemic has no clear end date in the near future.

3. Will notice to vacate in within 1-year be postponed if the social distancing is still in place?

With the housing prices in Langford and Victoria, we will not have the means to purchase another mobile home. As you are aware, the housing market in Greater Victoria is expensive in general. This is a huge concern as the average rent will far exceed what we will be able to afford.

We will need to decide what we will do to have a roof over our heads. Our only thought is we may have to move away from Langford and Greater Victoria. This worries me as both my husband and I have significant health issues and remaining close to the family in Langford is very helpful in our times of need. Not to mention the close proximity to the Victoria General Hospital is comforting, which has literally been lifesaving for me in the recent past.

It is my understanding that in order for this development to move forward, the Langford council will only approve or support this project if the developer and the majority of residents agree on a fair settlement.

4. Can you confirm this?
5. What is considered a fair settlement?

Unfortunately, due to the Covid-19 social distancing we will not be able to attend the hearing in person.

6. Will the meeting be streamed over social media? If not,
7. Can you please forward me a copy of the minutes, or tell me where on the town website I can find them?

We have been Langford residents for 15 years and a devoted supporter of you and your council. I trust you will take my letter and concerns into consideration during the hearing on Monday. The majority of the residents in our park are Seniors and I can say with certainty that my husband and I are not the only ones that have the stress of worrying where, what and when our livelihood will be uprooted.

Sincerely,
[signature / name redacted]

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Additional Images in Document (newsroom and notices)

(Note: Images 8–13 appear with newspaper articles and advertisements; Images 14–23 correspond to public notices and scanned correspondence pages.)

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