BYLAW NO. 1933 - Langford Zoning Bylaw, Amendment No. 602 (3235 Happy Valley Rd)

Staff Report to Council

Date: April 19, 2021
Department: Planning
Application No.: Z20-0020

Subject: Bylaw No. 1933 - Application to Rezone 3235 Happy Valley Road from R2 (One- and Two-Family Residential) to RS1 (Residential Small Lot 1) to Allow a three lot subdivision

At their Regular Meeting of November 2, 2020, Council passed the following resolution with respect to the property at 3235 Happy Valley Road:

That Council consider proceeding with First Reading of Bylaw No. 1933 to amend the zoning designation of a portion of the property located at 3235 Happy Valley Road from the R2 (Residential One and Two Family Dwelling) Zone to RS1 (Residential Small Lot 1), subject to the following terms and conditions:

a) That the owner agrees to provide, as a bonus for increased density, the following contributions per dwelling unit, prior to issuance of a building permit: (SECURED IN BYLAW)
i. $3,960 per small lot one family dwelling towards the General Amenity Reserve Fund;
ii. $660 per small lot one family dwelling towards the Affordable Housing Reserve Fund;

b) That the developer provides, prior to Public Hearing the following: (COMPLETED)
i. A technical Stormwater Management Memo to the satisfaction of the Director of Engineering;
ii. A frontage drawing for each road frontage (Happy Valley Road, lsabell Avenue and the new road) that specifies road dedication required to contain frontage improvements, to the satisfaction of the Director of Engineering and in accordance with Bylaw No. 1000;

c) That the applicant registers, prior to Bylaw Adoption, a SRW over that portion of the subject property required to accommodate the new road, to the approval of the Director of Engineering and in accordance with the standards of Bylaw No.1000; (COMPLETED)

d) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other financial charges on title that agrees to the following: (COMPLETED)

i. That the developer agrees 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 developer's expense;

ii. That any necessary above or underground infrastructure or servicing upgrades, extensions or other required servicing requirements are to be fulfilled to the standards of Bylaw No. 1000 and the Director of Engineering, and that costs incurred will be the responsibility of the developer;

iii. That, prior to subdivision approval or building permit issuance, which ever is first, full frontage improvements including, but not limited to, the installation of sidewalks, boulevard landscaping, scallop parking stall(s), and light standards in accordance with Bylaw No.1000 and to the satisfaction of the Director of Engineering;

iv. That the new road is dedicated at the time of subdivision;

v. That, prior to subdivision approval or building permit issuance, which ever is first, the developer submits and agrees to implement, a formal stormwater management plan to the standards of the Bylaw No.1000 and to the approval of the Director of Engineering;

vi. That, prior to subdivision approval or building permit issuance, which ever is first, the developer submits design drawings, for all three dwellings that shows how the designs are complementary to one another. Design drawings shall be to the approval of the Director of Planning;

vii. That the owner acknowledges the property's proximity to the South Island Rangers shooting range and the potential noise nuisance this establishment may cause;

viii. That a secondary suite is not permitted on Proposed Lots B and C and that individual Building Permit plans shall be reviewed by the Director of Planning, prior to the issuance of a building permit, and shall have the authority to request alternate building drawings if there is reasonable cause to believe the dwelling may be constructed with a secondary suite;

ix. That, prior to subdivision approval, a fire safety plan, reviewed and approved by a Fire Prevention Officer, must be submitted;

x. That, prior to subdivision approval, the developer will submit fire underwriters survey (FUS) calculations to determine the waterflow at the site and that the developer shall be aware and acknowledge that the FUS will determine the appropriate spatial distance between buildings, regardless of zoning regulations or granted variances to property lines, in order to maintain adequate waterflow;

xi. That, prior to building permit issuance, the applicant will submit a construction parking management plan, to the satisfaction of the Director of Engineering;

e) Direct staff to provide notice that Council will consider issuing a Development Variance Permit with the following variances for the property at 3235 Happy Valley Road:
i. That Section 6.22.07(1)(a) be varied to reduce the building setback from a front lot line from the required 3.0 m to 1.64 m to accommodate the existing house, subject to the following condition:
i. The developer agrees to modify the design of the front façade of the existing house, facing Happy Valley Road, so as to align with the Design Guidelines for Intensive Residential Developments on corner properties, and that fencing is installed along this property line, in accordance with Section 3.21 of the Zoning Bylaw;

ii. That Section 6.20.06(1)(c) be varied to reduce the building setback from an exterior side lot line from the required 3.5 m to 1.5 m to accommodate the proposed dwelling, subject to the following condition:
i. The developer agrees to install fencing along this property line in accordance with Section 3.21 of the Zoning Bylaw.

COMMENTS

The applicant has registered a Sec. 219 covenant against the title of the subject property that agrees to items d) i. through xi. in Council’s resolution of November 2, 2020.

Bylaw No. 1933 was signed by the Minister of Transportation on December 17th, 2020.

As there are no outstanding conditions of approval, Council may wish to proceed with Bylaw Adoption at this time.

OPTIONS

That Council:

1. Adopt Bylaw No. 1933;
2. Take no action at this time with respect to Bylaw No. 1933;

Respectfully Submitted,

Submitted by:
Julia Buckingham, Planner II - Approved

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning – Approved
Marie Watmough, Manager of Legislative Services - Approved
Chris Aubrey, Fire Chief - Approved
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering - Approved
Leah Stohmann, MCIP, RPP, Deputy Director of Planning - Approved
Michael Dillabaugh, CPA, CA, Director of Finance - Approved
Braden Hutchins, Director of Corporate Services - Approved
Darren Kiedyk, Chief Administrative Officer - Approved

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CITY OF LANGFORD

BYLAW NO. 1933

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 from the R2 (One- and Two-Family Residential) Zone and adding to RS1 (Residential Small Lot 1) Zone a portion of the property legally described as LOT 8, SECTION 84, ESQUIMALT DISTRICT, PLAN 22027, PID No. 003-290-549 (3235 Happy Valley Rd) in the portions as shown shaded on Plan No. 1 attached to and forming part of this Bylaw.

2. 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. 602, (3235 Happy Valley Rd), Bylaw No. 1933, 2021".

READ A FIRST TIME this 2nd day of November, 2020.

PUBLIC HEARING HELD this 7th day of December, 2020.

READ A SECOND TIME this 7th day of December, 2020.

READ A THIRD TIME this 7th day of December, 2020.

APPROVED BY THE MINISTRY OF TRANSPORTATION THIS 17th day of December, 2020.

ADOPTED this of, 2021.

MAYOR

(Certified Correct)
CORPORATE OFFICER

Schedule A