Staff Report — Adoption of Bylaw No. 2132 (RS1 Text Amendment – 2120 Millstream Road)

BACKGROUND:

Note: This application has been the subject of a Public Hearing.
On June 19, 2023, Council passed the following resolution with respect to this application:

1. Proceed with consideration of First Reading to Bylaw No. 2132 to:

   a. Amend the text of the RS1 zone to allow for a maximum of 62 townhouses at 2120 Millstream Road, subject to the following conditions:

   i. That the applicant, prior to Bylaw Adoption, registers a Section 219 covenant in priority of all other charges on title that agrees to the following: (complete)

     1. That a separate covenant be registered prior to the issuance of a building permit agreeing that the garages and carports are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein;  
     and
   
     2. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City of Langford that requires a minimum of 5 townhouse units be either rented out at 10% below market rent, or, be sold to a non-profit housing provider. The developer shall identify each unit on their plans submitted for their required Development Permit application;
   
     3. That electric heat pumps are installed in the townhouse units.
   

   b. Amend the text of the RT1 zone to allow for an FAR of 0.56 at 2120 Millstream Road. (complete)

   c. Direct the Parks Department to assess the possibility of a trail to connect to the neighbourhood in proximity. (determined infeasible – discussed at Council on August 21st, 2023)

On August 21, 2023, Council passed the following standalone resolution, in addition to the above noted resolution:
That Council:

1. Accept the revised site plan that includes additional common outdoor amenity space, as demonstrated on the attached plan; (complete)
   AND
2. Direct the Director of Planning and Subdivision to ensure the revised site plan is reflected in the future development permit; (to be dealt with in future DP)
   AND
3. Authorize the Director of Planning to grant a parking variance within the Development Permit to allow the 5 Attainable Housing units to have one parking space per unit; (to be dealt with in future DP)
   AND
4. Direct staff to proceed with scheduling a Public Hearing for Bylaw No. 2132. (complete)

COMMENTARY:

The Public Hearing for Bylaw No. 2132 was held on September 25, 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 - September 25, 2023 (escribemeetings.com).

The applicant has registered a Section 219 Covenant against the title of the subject property that agrees to item 1(a) i 1-3, in Council’s resolution dated June 19th, 2023.

Bylaw No. 2132 was not required to be signed by the Minister of Transportation and Infrastructure as it falls more than 800 m away from a controlled access highway.
As there were no additional conditions imposed by Council to be required prior to adoption of Bylaw No. 2132, Council may wish to proceed with bylaw adoption.

OPTIONS:

Option 1
That Council adopt Bylaw No. 2132.

OR Option 2
That Council not adopt Bylaw No. 2132.

SUBMITTED BY: Julia Buckingham, Planner II

Concurrence:
Matthew Baldwin, RPP, MCIP, Director of Development Services

Concurrence:
Donna Petrie, Senior Manager of Communications & Economic Development

Concurrence:
Yari Nielsen, Director of Parks, Recreation and Facilities

Concurrence:
Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change

Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Marie Watmough, Director of Legislative & Protective Services

Concurrence: Braden Hutchins, Deputy Chief Administrative Officer

Concurrence:
Darren Kiedyk, Chief Administrative Officer