# Staff Report / Bylaw No. 2019: Application to Rezone 982, 984, 986 and 988 Bray Avenue (Z21-0033) Meeting: Regular Council — January 10, 2022 Canonical HTML: [Open Langford]() Meeting record updated: 2026-10-19T03:50:10.259081+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: [Agenda Package]() Source pages: 47–63 ## AI-processed summary Report recommending rezoning four Bray Avenue properties from R2 to City Centre 1 (CC1) to permit a four-storey multi-family residential building (approximately 43 units) and outlining related design, DPA and servicing considerations. ## Extracted text ### Staff Report — Bylaw No. 2019: Application to Rezone 982, 984, 986 and 988 Bray Avenue (Z21-0033) Source pages: 47–63 ## Staff Report — Bylaw No. 2019: Application to Rezone 982, 984, 986 and 988 Bray Avenue (Z21-0033) DATE: Monday, December 13, 2021 DEPARTMENT: Planning APPLICATION NO.: Z21-0033 SUBJECT: Bylaw No. 2019 – Application to rezone 982, 984, 986 and 988 Bray Avenue from the One- and Two-Family Residential (R2) zone to the City Centre 1 (CC1) zone to allow for a multi-family residential building. ### PURPOSE Pradip Misra of Misra Architect Ltd. has applied on behalf of the property owners to rezone 982-988 Bray Avenue from One- and Two-Family Residential (R2) zone to the City Centre (CC1) zone in order to construct a four-storey multi-family residential building that would contain approximately 43 residential units. ### BACKGROUND Source pages: 47–63 ## BACKGROUND ### Previous Applications The City has not received any previous planning applications on the subject properties. ### Table 1: Site Data | Item | Details | |---|---| | Applicant | Pradip Misra | | Owners | Simon Ngai; Lynda and Ron Greenough | | Civic Addresses | 982, 984, 986 and 988 Bray Avenue | | Legal Descriptions | 982 and 984 Bray Avenue: Lot 4, Section 79, Esquimalt District, Plan 10124 (PID: 000-138-088)
986 and 988 Bray Avenue: Lot 3, Section 79, Esquimalt District, Plan 10124 (PID: 000-059-803) | | Size of Properties | 1,937 m2 (0.48 acres) | | DP Areas | City Centre | ### Zoning and OCP Source pages: 47–63 ## Zoning and OCP ### Zoning Designation - Existing: One- and Two-Family Residential (R2) - Proposed: City Centre 1 (CC1) ### OCP Designation - Existing: City Centre - Proposed: City Centre ### SITE AND SURROUNDING AREA Source pages: 47–63 ## SITE AND SURROUNDING AREA The existing properties each contain a two-family dwelling, and all properties are flat in nature. There are a few trees and large bushes throughout, but these properties, as well as surrounding properties have minimal tree coverage overall. To the east, south, and west are similar properties containing some one and two-family dwellings as well as townhouses. To the north is Centennial Park, which contains baseball diamonds, tennis courts, and a playground. [Image 1: Subject Properties (map/plan showing the subject lots on Bray Avenue)] ### Table 2: Surrounding Land Uses | Zoning | Use | |---:|---| | North — P2 (Community Institutional) | Recreational | | East — R2 (One- and Two-Family Residential) | One-Family Residential | | South — R2 (One- and Two-Family Residential) | One and Two-Family Residential | | West — RT1 (Residential Townhouse) | Townhomes | ### COUNCIL POLICY Source pages: 47–63 ## COUNCIL POLICY ### Official Community Plan The Official Community Plan (OCP) Bylaw No. 1200 designates the subject property as ‘City Centre’, which is defined by the following text: - A major regional growth centre that support a wide range of high density housing, including affordable and rental housing - A major employment area for institutional, office, commercial, light industrial uses - Major civic uses and public buildings are key landmarks - A major place of community gathering and celebration - A wide range of public squares, parks and open spaces are integrated throughout - The City’s major entertainment and/or cultural precinct - Inter-city and/or inter-regional transit hub connect residents [Image 2: A Concept for the City Centre (diagram/illustration from OCP/design guidelines)] ### Development Permit Areas The subject properties are not located within any of the Environmental Protection or Hazardous Area Development Permit Areas. However, these properties are located within the City Centre Development Permit Area and since the proposal is for a multi-family development, a Development Permit for Form and Character will be required. Conceptual elevation drawings are attached as Appendix B and will be further reviewed and refined as part of the Development Permit process to ensure the design is consistent with the City’s Design Guidelines. ### DESIGN GUIDELINES Source pages: 47–63 ## DESIGN GUIDELINES The subject properties are located within ‘S1 Centennial Park’ of the City Centre Neighbourhoods in the Design Guidelines. For this region of the City Centre, the design intent is as follows: - Surrounding a large green space, the Centennial Park neighbourhood boasts late century single family dwellings located on cul-de-sac roads. - This neighbourhood is very suitable for mixed-use development, shared streets and enlarged walkways as well as high-density apartment buildings near Goldstream Ave. - Other opportunities for development in this neighbourhood include townhouses and medium density apartments to replace the single-family dwellings on cul-de-sacs and shared streets. - Emphasis within the Centennial Park neighbourhood shall be placed on a family focus and being able to move through the housing continuum by addressing various housing types. Further to these Neighborhood Guidelines, the subject properties are identified as being appropriate for consideration of the City Centre 1 (CC1) Zone on the City Centre Concept Map recently added to the City Centre design guidelines. As such, this proposal is consistent with the City Centre Concept Map. [Image 3: S1 Centennial Park (Design Guidelines map for the Centennial Park neighbourhood)] ### COMMENTS Source pages: 47–63 ## COMMENTS ### Development Proposal The applicant is proposing to rezone the subject properties to CC1 (City Centre) in order to construct a four-storey residential building that would contain approximately 43 residential units. - The existing properties would be consolidated into one lot and there would be a single point of entry and exit located at the east side of the property. This entryway would provide direct access to the ramp for the underground parkade. Council may wish to require the lot consolidation to occur prior to issuance of a Development Permit for Form and Character. - The ground level residential units along Bray Avenue would all have individual pedestrian access to the fronting sidewalk, thereby complying with the 80% active frontage requirement. The common outdoor amenity space for the residents is at the rear of the building. - The proposed development would be located next to a well-used Park, one that generates noise from a variety of uses that take place at a variety of times. This could cause some discomfort for individuals living in this building and by extension, there could potentially be complaints to the City regarding the noise. Due to the potential conflict, Council may wish to require a covenant be registered on title that informs individuals that there will be noise generated from the variety of Park uses that will take place at a variety of times. - Council may wish to require that developers strata title multi-family residential buildings at the time of construction so individual units may be offered for sale if market conditions change at some later date. Council may wish to have the applicant register a building strata plan as a condition of rezoning prior to issuance of an occupancy permit and have this provision secured within a section 219 covenant registered on title. - Council may wish to require the onsite parking stalls be secured to each unit in accordance with the Zoning Bylaw parking requirements to ensure separate rent is not charged for a parking space. - The developer will be required to provide a Fire Underwriters Survey (FUS) Report to verify that sufficient water pressure is available to serve the development. The developer will be responsible for providing FUS calculations prior to the issuance of a development permit. The spatial distance between buildings may be affected by the FUS report and will take precedence over any setback requirements of the Zone. A condition, within a Section 219 covenant registered on the property, should make the developer aware of the requirement to submit the FUS calculations prior to the issuance of a DP to develop the site. - Council may wish to require the onsite parking spaces be equipped with infrastructure so that electric charging stations can be installed at a future date without the need of an expensive retrofit to the building. ### Table 3: Proposal Data | Item | Permitted by R2 (Current Zone) | Permitted by CC1 (Proposed Zone) | |---|---|---| | Permitted Uses | One or Two-Family Dwelling; Group Day Care; Home Occupation | Apartment; Hotel; Office; Retail Store | | Density | n/a | 5.0 FAR | | Height | 9m (30 ft) | 6 storeys | ### Site Standards Comparison | Standard | R2 (Current) | CC1 (Proposed) | |---|---:|---| | Site Coverage | 40% max | n/a | | Front Yard Setback | 3.0 m (9.8 ft), or 5.5m (18 ft) for the garage portion | 2.0m (6.6 ft) 1-2 storeys; 4.0m (13 ft) 3+ storeys | | Interior Side Yard Setback | 1.5m (5.0 ft) | 3.0 (9.8 ft) | | Exterior Side Yard Setback | 3.0 m (9.8 ft), or 5.5m (18 ft) for the garage portion | 2.0m (6.6 ft) 1-2 storeys; 4.0m (13 ft) 3+ storeys | | Rear Yard Setback | 5.5m (18 ft) | 3.0 (9.8 ft) | | Parking | 2 per unit + 1 per suite | 1.25 per 0-2 bedrooms; 2.25 per 3+ bedrooms | ### FRONTAGE IMPROVEMENTS Source pages: 47–63 ## FRONTAGE IMPROVEMENTS ### Bray Avenue The applicant will be required to provide full frontage improvements in accordance with Bylaw 1000, prior to issuance of a building permit. Improvements would include parking scallops, a bike lane, a 2.2 m separated sidewalk, boulevard landscaping with irrigation, and street lighting. The improvements would be to the satisfaction of the Director of Engineering. Council may wish to require that the applicant provide a Traffic Impact Assessment to determine if a turning lane would be needed. Furthermore, Council may wish for the applicant to provide a road cross section showing all required frontage improvements, including the turning lane if triggered, in order to determine if any road dedication is required. ### Sewers A sewer main does exist within Bray Avenue fronting this site and connections from the building to this main would be required. Any improvements, extensions, or modifications needed to the sewer main within the municipal road right-of-way will be completed by West Shore Environmental Services at the applicant’s expense. ### Drainage and Stormwater Management This site is located within an area where stormwater infiltration is required as per Bylaw 1000, and stormwater mains do not exist within Bray Avenue. As a condition of rezoning, Council may wish to request the applicant to examine how stormwater can be managed on-site through infiltration and have a technical memo from a qualified engineer be provided in this regard to the satisfaction of the Director of Engineering prior to public hearing. A full stormwater management plan will be required prior to issuance of a Building Permit. ### FINANCIAL CONTRIBUTIONS Source pages: 47–63 ## FINANCIAL CONTRIBUTIONS ### Financial Implications Rezoning the subject properties to permit higher density of development will increase the assessed value of lands and eventually will increase municipal revenue due to the number of units created. As the developer is required to complete all frontage improvements, the direct capital costs to the City associated with this development will be negligible. A summary of Amenity Contributions and Development Cost Charges that the developer will be expected to pay is outlined below (based on 43 units). ### Table 5 – Amenity Contributions per Council Policy | Amenity Item | Contribution Rates | Total | |---|---:|---:| | Affordable Housing Reserve Fund | $750 per unit | $32,250 | | General Amenity Reserve Fund | $2,850 per unit | $122,550 | ### Table 6 – Development Cost Charges | Development Cost Charge | Per Unit Contribution | Total | |---|---:|---:| | Roads | $3,092.39 per unit | $132,972.77 | | Park Improvement | $1,890 per unit | $81,270 | | Park Acquisition | $1,100 per unit | $47,300 | | ISIF Fees | $331.65 per unit | $14,260.95 | | Subtotal (DCCs to Langford) | | | | CRD Water | $1,644 per unit | $70,692 | | School Site Acquisition | $600 per unit | $25,800 | | TOTAL DCCs (approximately) | | $372,295.72 | ### OPTIONS Source pages: 47–63 ## OPTIONS ### Option 1 ```text THAT the Planning, Zoning and Affordable Housing Committee recommend that Council: 1. Proceed with consideration of Bylaw No. 2019 to amend the zoning designation of the property at 982, 984, 986 and 988 Bray Avenue from the One- and Two-Family Residential (R2) zone to the City Centre 1 (CC1) zone 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 issuance of a building permit: i. $750 towards the Affordable Housing Fund; and ii. $2,850 towards the General Amenity Reserve Fund. b. The applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering: i. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed development; ii. A site plan showing the entry and exit to the parkade as far east as possible; iii. A Traffic Impact Assessment (TIA) from a qualified engineer be provided regarding the proposed development to determine if a left turning lane is required; iv. A road cross section be provided to determine possible land dedication; c. That prior to Bylaw Adoption, the applicant registers a road dedication plan, if required, in accordance with the road cross section drawings provided and to the satisfaction of the Director of Engineering; d. 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 all subject properties be consolidated together prior to issuance of a Development Permit for Form and Character; ii. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building(s) that ensures parking is allocated to each unit and visitors as required by the zoning bylaw and is not provided in exchange for compensation separate from that of a residential unit; iii. That a separate covenant be registered that informs individuals about the potential noise that will be generated from the neighbouring Park at various times; iv. That no occupancy permit be issued for the proposed building unit a strata plan for the building has been registered, to the satisfaction of the Approving Officer; v. 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 that: 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/tenant is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council/landlord may not prevent an owner, occupant, or tenant from installing the EV charging equipment. vi. That the developer submits the Fire Underwriters Survey (FUS) calculations prior to the issuance of a development permit to develop the property, and acknowledges that these calculations may determine different setbacks than what is prescribed in the zone; vii. That the following will be provided to the standards of Bylaw No. 1000 and implemented to the satisfaction of the Director of Engineering, prior to issuance of a building permit: 1. Any upgrades, connections and installation of services and utilities required to support the proposed development; 2. A formal storm water management plan; 3. A construction parking and traffic management plan; 4. Full frontage improvements including but not limited to parking scallops, a bike lane, a 2.2 m separated sidewalk, boulevard landscaping with irrigation and street lighting; viii. That the developer submits the Fire Underwriters Survey (FUS) calculations prior to the issuance of a development permit to develop the property, and acknowledges that these calculations may determine different setbacks than what is prescribed in the zone or from what has been granted through variances; ``` ### OR Option 2 ```text THAT Planning, Zoning and Affordable Housing Committee recommend that Council: 1. Take no action at this time with respect to Bylaw No. 2019 ``` ### APPENDICES Source pages: 47–63 ## APPENDICES ### Appendix A – Site Plan [Image 4: Appendix A — Site Plan (site plan showing proposed building footprint, parking access and lot consolidation)] ### Appendix B – Elevation Drawings [Image 5: Appendix B — Elevation Drawing (north or front elevation)] [Image 6: Appendix B — Elevation Drawing (side/rear elevation)] ### Appendix C – Subject Properties Map [Image 7: Appendix C — Subject Properties Map (map showing 982, 984, 986, 988 Bray Ave and surrounding context)] ### Appendix D – Site Map [Image 8: Appendix D — Site Map (site context map showing proximity to Centennial Park and adjacent streets)] ### SUBMITTED BY Source pages: 47–63 ## SUBMITTED BY Matt Notley, Planner I Concurrence: Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision Concurrence: Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision Concurrence: Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering and Public Works Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance Concurrence: Marie Watmough, Acting Director of Corporate Services Concurrence: Darren Kiedyk, Chief Administrative Officer --- ### CITY OF LANGFORD — BYLAW NO. 2019 Source pages: 47–63 ## CITY OF LANGFORD — BYLAW NO. 2019 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 One- and Two-Family Residential (R2) Zone and adding to City Centre (CC1) Zone the properties legally described as: - Lot 3, Section 79, Esquimalt District, Plan 10124, PID NO. 000-059-803 (986 and 988 Bray Avenue) - Lot 4, Section 79, Esquimalt District, Plan 10124, PID NO. 000-138-088 (982 and 984 Bray Avenue) 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: | Zone | Bylaw No. | Legal Description | Amenity Contributions (Column 5) | Eligible for Reduction in Section 2 of Schedule AD | |---|---:|---|---|---| | CC1 | 2019 | Lot 3, Section 79, Esquimalt District, Plan 10124, PID NO. 000-059-803, 986 and 988 Bray Avenue; Lot 4, Section 79, Esquimalt District, Plan 10124, PID NO. 000-138-088 (982 and 984 Bray Avenue). | a) $2,850 per new residential unit created on the 1st to 4th storeys of the building towards the General Amenity Reserve Fund; and b) $1,425 per new residential unit created on the 5th and 6th storeys of the building towards the General Amenity Reserve Fund; and c) $750 per new residential unit created on the 1st to 4th storeys of the building towards the Affordable Housing Reserve Fund; and d) $375 per new residential unit created on the 5th and 6th storeys of the building towards the Affordable Housing Reserve Fund. | No | B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 650, (982, 984, 986, and 988 Bray Avenue), Bylaw No. 2019, 2021". READ A FIRST TIME this day of, 2021. PUBLIC HEARING held this day of , 2022. READ A SECOND TIME this day of , 2022. READ A THIRD TIME this day of , 2022. APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this day of , 2022. ADOPTED this day of , 2022. PRESIDING COUNCIL MEMBER CORPORATE OFFICER [Image 9: Plan No. 1 — Bylaw map showing shaded parcel areas to be re-zoned] [Image 10: Schedule A (attachment referenced in Bylaw No. 2019)]