BYLAW NO. 1949 - Langford Zoning Bylaw, Amendment No. 611 (2848 and 2852 Millstream Rd)

Staff Report to Council

Date:

April 19, 2021

Department:

Planning

Application No.:

Z20-0028

Subject:

Bylaw No. 1949 - Application to Rezone 2848 and 2852 Millstream Road from CS1 (Service Commercial) to CC1 (City Centre Residential) to Allow a six-storey, 60-unit apartment building

At the Regular Meeting of Council on March 15, 2021, Council passed the following resolution with respect to the property at 2848 and 2852 Millstream Road:

That Council

1. Direct Staff to prepare a bylaw to amend the zoning designation of the properties located at 2848 and 2852 Millstream Road from CS1 (Service Commercial) to CC1 (Mixed-Use Residential Commercial 2) subject to the following terms and conditions:

   a) That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to the issuance of a building permit:

   i. $750 towards the Affordable Housing Reserve Fund; and
   ii. $2,850 towards the General Amenity Reserve Fund.
   Subject to reductions depending on the use and height in accordance with the Affordable Housing and Amenity Contribution Policy.

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

   i. A technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed developments, to the satisfaction of the Director of Engineering; and

   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 following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a building permit:

     1. Full frontage improvements;  
     2. A storm water management plan; and  
     3. A construction parking management plan.
   

   ii. That the building be strata titled into individual residential units prior to the issuance of an occupancy permit;

   iii. That the required parking stalls for this development are allocated for the use by individuals in each unit, as required by Bylaw 300 and designed accordingly, and that parking stalls are not sold or rented out individually; and

   iv. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space; and

     1. Energized outlets shall be labelled for the use of electric vehicle charging;  
     2. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and  
     3. The owner is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council may not prevent an owner, occupant, or tenant from installing the EV charging equipment.
   

2. Direct Staff to negotiate an agreement with the applicant regarding the proposed encroachment of staircases prior to First Reading of the bylaw, or require a redesign of the building prior to Public Hearing;

3. Authorize the Director of Planning to issue the setback variances listed in Table 3 within the Form and Character Development Permit for 2848 and 2852 Millstream Rd.

COMMENTS

As noted above in item 2, under the direction of Council, staff have worked with the applicant to negotiate an agreement for the sale of approximately a 2m strip of road directly abutting the property lines of 2848 and 2852 Millstream Road, behind the back of the sidewalk. This area will encompass all proposed encroachments that were shown on the building plans. A separate report regarding the road closure bylaw and disposition of this land has been prepared for Council’s consideration. The owner has signed the proposed purchase and sale agreement to demonstrate their willingness to move forward with this process. Should Council support this solution, they may wish to proceed with First Reading of the bylaw as there are no other outstanding issues to be dealt with at this time.

OPTIONS

That Council:

1. Give first reading to Bylaw No. 1949;

2. Take no action at this time with respect to Bylaw No. 1949.

Respectfully Submitted,

Submitted by:
Julia Buckingham, Planner II - Approved

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning - Approved

Concurrence:
Marie Watmough, Manager of Legislative Services - Approved

Concurrence:
Chris Aubrey, Fire Chief - Approved

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

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

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

Concurrence:
Braden Hutchins, Director of Corporate Services - Approved

Concurrence:
Darren Kiedyk, Chief Administrative Officer - Approved

:jb

BYLAW NO. 1949

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 CS1 (Service Commercial) Zone and adding to CC1 (City Centre 1) Zone the property legally described as LOT 2, DISTRICT LOT 72, ESQUIMALT DISTRICT, PLAN 27017, PID No. 002-522-438 (2848 Millstream Rd) and LOT 1, DISTRICT LOT 72, ESQUIMALT DISTRICT, PLAN 27017, PID No. 002-033-798 (2852 Millstream 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. 611, (2848 and 2852 Millstream Rd), Bylaw No. 1949, 2021".

READ A FIRST TIME this day of , 2021.
PUBLIC HEARING held this day of , 2021.
READ A SECOND TIME this day of , 2021.

READ A THIRD TIME this day of , 2021.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this day of , 2021.
ADOPTED this day of , 2021.

MAYOR

(Certified Correct)
CORPORATE OFFICER

Schedule A