BYLAW NO. 2105 - Langford Zoning Bylaw, Amendment No. 694 (771, 775, and 781 Station Avenue)

BYLAW NO. 2105 - Langford Zoning Bylaw, Amendment No. 694 (771, 775, and 781 Station Avenue)

Staff Report to Council

DATE: Monday, May 1, 2023
DEPARTMENT: Planning
APPLICATION NO.: Z22-0028
SUBJECT: Bylaw No. 2105 – Application to Rezone 771, 775, and 781 Station Avenue from R2 (One- and Two-Family Residential) to CC1 (City Centre) to Allow a Six-Storey Mixed-Use Building

BACKGROUND

Note: This item has been the subject of a Public Hearing.
At their regular meeting of September 6, 2022, Council passed the following resolution with respect to the properties at 771, 775, and 781 Station Avenue:

That Council:

1. Proceed with consideration of First Reading of Bylaw No. 2105 to amend the zoning designation of the properties located at 771, 775, and 781 Station Avenue from One- and Two-Family Residential (R2) to City Centre (CC1) 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: (secured in bylaw)

i. $750 towards the Affordable Housing Reserve Fund; and
ii. $2,850 towards the General Amenity Reserve Fund;

Subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy and the Attainable Housing Policy depending on use and height.

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

i. A technical memo from an engineer that verifies storm water can be adequately managed on-site for the proposed development to the satisfaction of the Director of Engineering;
ii. A frontage drawing to confirm if road dedication is required to complete all required frontage improvements; and
iii. A memo prepared by a Landscape Architect that examines existing trees on site and in the frontage and provides comment on the potential for tree retention as part of the development plan, to the satisfaction of the Director of Planning;

c. That the applicant registers, prior to Bylaw Adoption, a road dedication plan, if required, to the satisfaction of the Director of Engineering; (not required)

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 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 inclusive of finishing the sidewalk, boulevards, and completing Aprell Place to the R11 cross section standards;
2. A storm water management plan; and
3. A construction parking management plan.

ii. That the properties be consolidated prior to issuance of a Development Permit for Form and Character;

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 a separate covenant be registered prior to issuance of a building permit for the proposed development that ensures residential 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;

v. That all concrete used on-site will be produced using post-industrial CO2 mineralization technology, or equivalent which offers concrete with lower embodied CO2 than all other competing bids, and that prior to the issuance of a Building Permit the applicant shall provide a product-specific Type III Environmental Product Declaration that is 3rd party verified specifying the total embodied carbon content of concrete;

vi. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement that requires a minimum 5% of units constructed be directed to and in accordance with the Attainable Home Ownership Program (POL-0166-PLAN) and that the developer identify the Attainable units on the plans submitted for the required Development Permit application.

COMMENTARY

The Public Hearing for Bylaw No. 2105 was held on February 6, 2023. Following the close of the Public Hearing, Council passed 2nd and 3rd readings of the Bylaw. The information considered as part of the Public Hearing as well as the video recording of the Public Hearing can be found at the following link on the City’s website: Council Meeting - February 06, 2023 (escribemeetings.com)

The applicant has registered a Section 219 Covenant against the title of the subject properties that agrees to items d. i – vi in Council’s resolution dated September 6, 2022.

Bylaw No. 2105 was signed by the Minister of Transportation and Infrastructure on February 8th, 2023, as the properties are located within 800 meters of a controlled access highway.

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

OPTIONS

Option 1
That Council adopt Bylaw No. 2105.

OR Option 2
That Council reject the application associated with Bylaw No. 2105.

SUBMITTED BY

Julia Buckingham, Planner II

Concurrence: Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Concurrence: Donna Petrie, Senior Manager of Business Development and Events
Concurrence: Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence: Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence: Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence: Marie Watmough, Deputy Director of Corporate Services
Concurrence: Braden Hutchins, Director of Corporate Services
Concurrence: Darren Kiedyk, Chief Administrative Officer

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