BYLAW NO. 1999 — Langford Zoning Bylaw, Amendment No. 637 (2762, 2768, and 2774 Winster Road)

Staff Report to Council

DATE: Monday, May 16, 2022
DEPARTMENT: Planning
APPLICATION NO.: Z21-0026
SUBJECT: Bylaw 1999 – Application to Rezone 2762, 2768, and 2774 Winster Road from R2 (One- and Two-Family Residential) to CC1 (City Centre) to Allow for a Six-Storey Apartment Building with approximately 68 units.

At their Regular Meeting of January 24th, 2022, Council passed the following resolution with respect to the properties at 2762, 2768, and 2774 Winster Road:

That Council:

1. Proceed with consideration of Bylaw No. 1999 to amend the zoning designation of 2762, 2768, and 2774 Winster Road from the R2 (One-and Two-Family Residential) to CC1 (City Centre) subject to the following terms and conditions:
   1. That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to the issuance of a building permit: (Secured in bylaw) a. $750 towards the Affordable Housing Reserve Fund; and
      b. $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.
   2. That the applicant provides, prior to Public Hearing, 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; (completed)
   3. 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: (completed) a. That the developer registers a strata plan, prior to the issuance of an occupancy permit, that creates individual strata titles for each residential unit;
      b. 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;
      c. That the following are provided to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a Building Permit:
      1. Frontage improvements;
      2. A storm water management plan; and
      3. A construction parking and traffic management plan;
         d. 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
      4. Energized outlets shall be labelled for the use of electric vehicle charging;
      5. 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
      6. 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. Authorize the Director of Planning to issue a variance to reduce the northern interior side lot line setback from the required 3m to 1.5m for a stairwell within the Form and Character Development Permit for 2762, 2768, and 2774 Winster Road. (to be included in future development permit)

COMMENTS

The applicant has registered a Sec. 219 covenant against the title of the subject properties that agrees to items 1 (3) a) through d) in Council’s resolution of January 24th, 2022.

A Public Hearing was held on February 22, 2022.

Bylaw No. 1999 was signed by the Minister of Transportation on February 23, 2022.

As there are no outstanding conditions, Council may wish to proceed with adoption of Bylaw No. 1999.

OPTIONS

Option 1
That Council adopt Bylaw No. 1999;

OR Option 2
That Council take no action at this time with respect to Bylaw No. 1999.

SUBMITTED BY: Julia Buckingham, Planner II

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Concurrence:
Donna Petrie, Manager of Business Development and Events
Concurrence:
Will Ying-udomrat, Manager of Legislative Services
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

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CITY OF LANGFORD

BYLAW NO. 1999

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 1 (CC1) Zone the properties legally described as:

• Lot 17, Section 72, Esquimalt District, Plan 1954, PID No. 001-400-916 (2774 Winster Road);
• Lot 18, Section 72, Esquimalt District, Plan 1954, PID No. 003-858-723 (2768 Winster Road); and
• Lot 19, Section 72, Esquimalt District, Plan 1954, PID No. 006-737-609 (2762 Winster Road)

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. 637, (2762, 2768, and 2774 Winster Road), Bylaw No. 1999, 2022".

READ A FIRST TIME this 24th day of January, 2022.
PUBLIC HEARING held this 22nd day of February, 2022.
READ A SECOND TIME this 22nd day of February, 2022.

READ A THIRD TIME this 22nd day of February, 2022.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 23rd day of February, 2022.
ADOPTED this day of May, 2022.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER