BYLAW NO. 1930 - Road Closure Bylaw No.1930 (Spencer Road), 2020

Staff Report to Council

Date:

October 5, 2020

Department:

Land Development

Application No.:

DVP20-0009

Subject:

Development Variance Permit to Reduce the Number of Required Onsite Parking Stalls from 73 to 34 at 2780 Spencer Road

AND

Bylaw 1930 – Closure and Disposition of a Portion of Spencer Road

Background

Keycorp Developments Ltd, in partnership with Tri-Way Development Ltd, wishes to construct a 58-unit multi-family residential building at 2780 Spencer Road. The building will be operated by the Capital Regional District Housing Corporation as affordable senior’s rental housing and is substantially compliant with Zoning Bylaw No. 300. However, two items must be determined by Council. First, a Development Variance Permit is required to reduce the onsite parking requirements. Second, a road closure and disposition of adjoining City property is proposed to consolidate additional land into the subject property.

Commentary

Staff have received a memorandum by WATT Consulting Group that analysed expected parking demand for the site based on data from past parking studies in the region. This study looked at vehicle ownership data from nine similar buildings that are also run by the Capital Region Housing Corporation. The study found that vehicle ownership from those nine buildings ranged from 0.35 to 0.56 vehicles per unit with an overall average of 0.5 vehicles per unit. It also determined that a visitor parking rate of 0.1 space per unit is an appropriate ratio to use. Therefore, based on what the study found with comparable sites, the expected parking demand for the subject site is 35 parking spaces (29 residential and 6 visitors).

The City was approached by Keycorp Developments Ltd with an offer to purchase an unused portion of Spencer Road and consolidate it with the abutting lands in order to create 14 additional onsite parking spaces for the proposed development which would bring the total of onsite parking spaces to 34. The developer has proposed to exchange this land for an amenity valued at up to $11.37 per sq. ft, which is approximately 3x greater than road allowance the City sold for a comparable development on Spencer Road in 2018 and, in light of the DVP request, is sufficient to provide the City the funds necessary for an additional vehicle in a potential car-share initiative for Langford. The area of road to be closed is shown below as Figure 1 - Road Closure Reference Plan.

The developer’s engineer has confirmed that there are no services or third-party utilities within the portion of Spencer Road that is proposed to be closed.

Figure 1 – Road Closure Reference Plan

Financial Implications

In addition to the financial compensation noted above, all costs associated with the closure and disposition of this portion of Spencer Road would be the responsibility of the developer.

Legal Implications

The road closure bylaw is subject to approval from The Ministry of Transportation and Infrastructure prior to adoption, and there are no known legal barriers to the proposed closure and disposition of this portion of Spencer Road. This portion of Spencer Road was gazetted in 1963, but never actually dedicated and no infrastructure was ever built. This means that the typical road closure process must include registering a Form 12 that formally dedicates the road before it can be closed.

Prior to bylaw adoption, the road closure and sale will be advertised as per the Community Charter.

Options

That Council;

1. Give Spencer Road Closure Bylaw No. 1930 1st, 2nd, and 3rd readings.

AND

2. Direct staff to provide notice that Council will consider issuing a Development Variance Permit for the subject site for a 58-unit affordable senior’s rental apartment building, with the following variance:

a. That Table 1 in Section 4.01 be varied to reduce the number of required onsite parking spaces from 1.25 per unit to 0.58 per unit.

OR

3. Give Spencer Road Closure Bylaw No. 1930 1st, 2nd, and 3rd readings.

AND

4. Reject the application for development variance permit.

OR

5. Do nothing at this time with respect to Spencer Road Closure Bylaw No. 1930

AND

6. Reject the application for development variance permit.

Respectfully Submitted

Submitted by:
James Oliver, Senior Land Development Technologist

Concurrence:
Marie Watmough, Manager of Legislative Services

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Chris Aubrey, Fire Chief

Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement

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

:jo

CITY OF LANGFORD

ROAD CLOSURE BYLAW NO. 1930, 2020

Road Closure Bylaw

WHEREAS, pursuant to Section 40 of the Community Charter, Council may, by bylaw, close a portion of a highway to traffic and remove the dedication of the highway, if prior to adopting the bylaw, Council publishes notices of its intention in a newspaper and provides an opportunity for persons who consider they are affected by the bylaw to make representations to Council;

AND WHEREAS the Council of the City of Langford deems it expedient to close to traffic and remove the dedication of highway of that portion of highway comprising a total of approximately 285.0m² (3067 sf), which was dedicated as highway by Form 12 accompanied by Plan VIP55727 as per BC Gazette November 14, 1968 and as shown outlined in a bold black line on reference plan EPP105327 prepared by James Worton, BCLS 757, a reduced copy of which is attached hereto (the “Road Closure Plan”);

AND WHEREAS notices of Council’s intention to close that portion of highway to traffic and to remove its dedication as highway were published in a newspaper and posted in the public notice posting place, and Council has provided an opportunity for persons who consider they are affected by the closure to make representations to Council;

AND WHEREAS the Council does not consider that the closure of the Closed Road will affect the transmission or distribution facilities or works of utility operators;

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as follows:

1. Attached to this Bylaw as Schedule “A” and forming part of this Bylaw is a reduced copy of the reference plan of highway closure.
   (the “Road Closure Plan”).

2. The City hereby authorizes the closure to traffic and removal of highway dedication of:
   the 285.0 square metres of highway, which was dedicated as highway by Form 12 accompanied by Plan VIP55727 as per BC Gazette November 14, 1968, and labelled “Closed Road” on the Road Closure Plan.
   (the “Closed Road”).

3. On deposit of the Road Closure Plan and all other documentation for the closure of the Closed Road in the Victoria Land Title Office, the Closed Road is closed to public traffic, it shall cease to be public highway, and its dedication as a highway is cancelled.

4. The Mayor and the Chief Administrative Officer of the City are authorized to execute all deeds of land, plans and other documentation necessary to affect this road closure and disposition.

5. This Bylaw may be cited as “Road Closure Bylaw No. 1930 (Spencer Road), 2020”.

READ A FIRST TIME this day of, 2020.
READ A SECOND TIME this day of, 2020.

READ A THIRD TIME this day of, 2020.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE THIS day of, 2020.
ADOPTED this day of, 2020.

MAYOR

(Certified Correct)

CHIEF ADMINISTRATIVE OFFICER

SCHEDULE “A” – Road Closure Plan