BYLAW NO. 2037 (Langford Zoning Bylaw Amendment No. 660 — Dunford Avenue properties)

BYLAW NO. 2037 (Langford Zoning Bylaw Amendment No. 660 — Dunford Avenue properties)

Staff Report to Council

DATE: Monday, June 6, 2022
DEPARTMENT: Planning
APPLICATION NO.: Z21-0050
SUBJECT: Bylaw No. 2037 – Application to Rezone 904 to 914 Dunford Avenue from the One- and Two-Family Residential (R2) Zone to the City Centre Pedestrian (CCP) Zone – Area 2 to Allow for Two Mixed-Use Buildings

BACKGROUND:

At their regular meeting of March 7, 2022 Council passed the following resolution with respect to the properties at 904, 908, 910, 912, and 914 Dunford Avenue:

That Council:

1. Proceed with consideration of 1st reading of Bylaw No. 2037 to amend the zoning designation of the properties located at 904, 908, 910, 912, and 914 Dunford Avenue from the One- and Two-Family Residential (R2) zone to the City Centre Pedestrian (CCP) 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.

subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy depending on use and height and subject to refunds for units sold through the Attainable Home Ownership Program.

b) That the applicant provides, as a bonus for increased density, the following contributions per square metre of commercial space, prior to issuance of a building permit:

i. $10.75 towards the General Amenity Reserve Fund.

c) That the applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering: COMPLETED

i. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed developments;
ii. A Traffic Impact Assessment from a qualified engineer be provided regarding the proposed development.

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: COMPLETED

i. That all five properties and closed road (if approved) 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 no occupancy permit be issued for the proposed building until a strata plan for the building has been registered, to the satisfaction of the Approving Officer;
iv. That as much of the parkade rooftop as possible is designed and constructed as outdoor amenity space for the residents of the development;
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 a separate covenant containing a Housing Agreement be registered and authorized by a Housing Agreement Bylaw prior to issuance of a building permit and agreeing that approximately 10% of the multi-family units will be sold through the City’s Attainable Home Ownership Program in accordance with the terms specified in Policy No. POL-0166-PLAN;
vii. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit: 1. Frontage improvements;
2. A storm water management plan; and
3. A construction parking management plan

COMMENTARY:

The applicant’s lawyer has provided an undertaking declaring that all required signatures have been obtained and will register the required covenant, which agrees to items i. – vii. of section 1) d. in Council’s above-noted resolution, once signed by the City.

A Public Hearing was held on April 4, 2022.

Bylaw No. 2037 was signed by the Ministry of Transportation and Infrastructure on April 11, 2022.

As there are no outstanding conditions, Council may wish to proceed with bylaw adoption.

OPTIONS:

Option 1
THAT Council adopt Bylaw No. 2037.

OR Option 2
THAT Council take no action at this time with respect to Bylaw No. 2037.

SUBMITTED BY: Robert Dykstra, MCIP, RPP, Senior Planner

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Donna Petrie, Manager of Business Development and Events
Will Ying-udomrat, Manager of Legislative Services
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering and Public Works
Michael Dillabaugh, CPA, CA, Director of Finance
Marie Watmough, Acting Director of Corporate Services
Darren Kiedyk, Chief Administrative Officer

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