Report: Langford Zoning Bylaw Amendment (Omnibus No. 60) — Bylaw 2082 (text amendment / recreation vehicles)

Executive Summary

The purpose of Bylaw No. 2082 is to make a number of amendments to Zoning Bylaw No. 300. The proposed amendments address a host of changes related to land use, urban design, accessibility, parking regulations, and other general housekeeping items. The intent of this report is to provide further information regarding three potential areas of change, including parking space dimensions, storage of unlicensed vehicles, and retaining walls.

Background

On October 10, 2023, Council gave 1st Reading to Bylaw No. 2082, an omnibus bylaw that proposes various amendments to Zoning Bylaw No. 300. This Bylaw has been re-drafted since the time of First Reading to correct minor errors in the Zoning Bylaw and to address a Council-directed motion to provide further research and analysis with respect to parking space dimensions. These changes are outlined in amendments 1 – 3 below.

Should Council agree with the proposed changes, they may wish to rescind First Reading of Bylaw No. 2082 and provide a new First Reading as re-drafted.

Commentary

Amendment 1: Parking Space Dimensions

On October 10, 2023, as per Council instruction, any further consideration of the Bylaw was subject to staff providing additional information on the implications of increasing parking space dimensions, prior to Public Hearing. This research is now complete and based on the findings, staff recommend the removal of the suggested amendment to parking space dimensions as these changes may not be in the best interest of the community.

Staff’s initial recommendation was based on the following. The City’s higher density neighbourhoods have historically had issues with parking garages being used for a range of purposes outside of the intended/expected storage of vehicles. It appears that many people in purchasing or renting within these neighbourhoods routinely underestimate the suitability of the size of the home for their needs before moving in, and eventually they are forced to use garage space for storage of personal items. This results in people choosing to park on the road right-of-way as opposed to designated on-site parking, causing parking issues for the neighbourhood and ultimately the Bylaw Department.

However, based on additional research, it is now staff's position that the amendment will not solve parking issues at present, and may pose other unforeseen, negatively cascading impacts. Specifically, it’s possible that the amendment will inadvertently lead to an increased cost of housing: increasing room for cars corresponds to less habitable floor space across the site, which affects density and livability. Therefore, and as noted above, staff recommend that this section be removed from the bylaw.

Amendment 2: Storage of unlicensed vehicles

At the regular meeting of June 19, 2023, Council adopted Bylaw No. 2126, to prohibit the storage of recreation vehicles on properties less than 550m2. The Bylaw was intended to reflect changes in ICBC licensing practices (ICBC no longer requires insurance decals). However, following adoption, staff noted that the term “recreation vehicle” was unintentionally omitted from the terms of the Bylaw, leaving only unlicensed vehicles subject to the regulation. To ensure the bylaw is functioning as intended, the addition of the term “recreation vehicle” has been included in the Bylaw.

Amendment 3: Retaining Walls

This section of the Bylaw was given First Reading as part of the original Bylaw No 2082. To ensure this regulation is current, relevant, and accurate, staff are now proposing to remove this amendment from the proposed Bylaw and delegate the proposed changes to the Engineering Department for future consideration within Development and Servicing Bylaw No. 1000.

Other amendments remaining unchanged since First Reading of Bylaw No. 2082

1. By introducing “accessory dormitories” as a permitted use in the CD2 (Hull’s Field) zone;
2. By removing restrictions on where apartments may occur in the City Centre Pedestrian (CCP) Zone excluding Peatt Road, Claude Road, Bryn Maur Avenue, Jacklin Road and Veterans Memorial Parkway;
3. By consolidating all daycare capacity exemptions from each zone into Part 3 of the Zoning bylaw;
4. By allowing two-family dwellings within the R2 (One-and Two-family Residential) zones on lots less than 600m2 but not less than 500m2 if the lot width is 17m;
5. By introducing requirements for accessible parking in all types of multi-family residential development.

Financial Implications

None.

Legal Implications

None.

Options

Option 1
THAT Council rescind First Reading of Bylaw 2082 and give First Reading to Bylaw 2082 as revised.

OR Option 2
THAT Council proceed with consideration of Second and Third Reading of the existing version of Bylaw 2082 at a subsequent meeting.

Submitted By

David Sametz, MCIP, RPP – Senior Planner, Long-Range Planning

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

Attachment(s): Bylaw 2082 – Revision for garage size implementation, storage of recreational vehicles, and landscape retaining walls – March 4, 2024

CITY OF LANGFORD

BYLAW NO. 2082

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 the following sections and renumbering subsequent sections accordingly:
   (a) 3.26.02(9)
   (b) 3.26.02(11)
   (c) 3.26.02(12)
   (d) 6.35.01(5)
   (e) 6.40.01(10)

2. By deleting 6.40.01(13)(a) and replacing it with the following:

   (a) “Group daycare in accordance with Section 3.26.02”

3. By deleting 6.41.01(24) and replacing it with the following:

   (24) “Group daycare on the lot legally described as Lot 1, Section 72, Esquimalt District, Plan EPP24286 (2780 Veterans Memorial Parkway) in accordance with Section 3.26.02;”

4. By deleting 6.54.01(17) and replacing it with the following:

   (17) “Group daycare on the lot legally described as Lot 1, Section 75, Esquimalt District, Plan EPP75724, PID No. 030-357-951, (3030 Merchant Way) in accordance with Section 3.26.02;”

5. By adding the following as 3.26.02(10):

   (10) “Despite Article 3.26.02(4) and (5), a group daycare with a capacity indicated in Column 2 below is permitted on the lot legally described in the associated Column 1:

   Legal Description	Maximum Capacity
   Lot 11, Section 5, Esquimalt District, Plan 7165 (2758 Peatt Road)	28 children
   Lot A, Section 115, Esquimalt District, Plan EPP106119 (2200 Bear Mountain Parkway)	255 children
   Strata Lot E, Section 83, Esquimalt District, Strata Plan VIS2240, Together With an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as shown on Form V, PID No. 028-468-864 (2619 Sooke Road)	44 children
   Lot 1, Section 80, Metchosin District, Plan VIP70354 (1028 Lomalinda Drive)	76 children
   Lot 29, Section 1, Range 2 West, Highland District, Plan 13385 (2285 Bellamy Rd)	41 children
   Lots 1 and 2, Section 79, Metchosin District, Plan 7510, Except Part in Plan 26418 (3553 and 3559 Happy Valley Rd)	50 children
   Lot 1, Section 72, Esquimalt District, Plan EPP24286 (2780 Veterans Memorial Parkway)	90 children
   Lot 1, Section 75, Esquimalt District, Plan EPP75724, PID No. 030-357-951, (3030 Merchant Way)	100 children

6. By deleting 6.22.03(2) and replacing it with the following:

   (2) “A two-family dwelling use is permitted on lots with a lot area of no less than 600 m2 (6,459 ft2) AND a lot width of no less than 15m.”;

7. By inserting as Section 6.22.03(3) and renumbering subsequent sections accordingly:

   (3) “Despite subsection 6.22.03(2), the lot area for a two-family dwelling use may be less than 600 m2 provided that the lot area is not less than 500 m2 and the lot width is not less than 17m.”

8. By deleting Section 6.22.03(5) and (7) as renumbered by this Bylaw and renumbering subsequent section accordingly;

9. By adding the following as Section 6.58.01 (1)(a)(ii) and renumbering subsequent sections accordingly:

   (ii) “Apartments, when located on a corner lot and facing the secondary street which may not include Peatt Road, Claude Road, Goldstream Avenue, Veterans Memorial Parkway, or Jacklin Road.”

10. By adding the following as Section 6.91.01(3)(b) and renumbering subsequent sections accordingly:

    (b) “Accessory Dormitories”

11. By deleting section 4.01.07(1) and (2) and replacing them with the following:

    (1) “Accessible parking must be provided as follows for residential uses:

    No. of Required Parking Spaces	Minimum number of accessible parking spaces
    1-10	0
    11-20	1
    21-100	2
    101-1000	2 per 100 or part thereof
    1001+	1 per 100 or part thereof

    Plus 1 for each residential unit designed as an accessible housing unit (included in the overall parking spaces count)

    (2) “Accessible parking must be provided as follows for commercial uses:
    (a) A minimum of 1 accessible parking space shall be provided where Table 1 of Section 4.01.01 requires the provision of more than 10 and fewer than 30 off-street parking spaces, excluding those required for dwelling units, and for every 50 spaces or part thereof in excess of 30”.

    (3) “Accessible parking stalls must be sized and located as follows:
    (a) With minimum width of 3.9 m and a minimum depth of 5.8 m or a minimum width of 2.75 m, provided an additional 1.2 m wide loading zone or access isle is included and is shared with an adjacent accessible parking space.
    (b) The minimum functional width of each accessible space must be 3.9 m;
    (c) Be clearly identified as accessible parking only; and
    (d) Be connected to the building entrance by a marked access route that avoids travel behind parked vehicles.”

12. By deleting section 3.03(2) and replacing it with the following:

    (a) Except where specifically permitted, no lot with a lot area less than 500m2 (5,920.2 ft2) may be used for the keeping of any recreation vehicle or unlicensed vehicle which is not completely enclosed in a building or structure;

B. Citation

This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 679, (Omnibus No. 60 – Various Housekeeping Items), Bylaw No. 2082, 2023".

READ A FIRST TIME this 10th day of October, 2023.
RESCIND FIRST READING, GIVE NEW FIRST READING this day of , 2024
PUBLIC HEARING held this day of , 2024
READ A SECOND TIME this day of , 2024.
READ A THIRD TIME this day of , 2024.
ADOPTED this day of , 2024.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER