BYLAW NO. 2166 – Langford Zoning Bylaw, Amendment No. 718 (824, 832, 838 Goldstream Avenue), Bylaw No. 2166, 2024

Staff Report to Council

DATE

Monday, June 17, 2024

DEPARTMENT

Planning

APPLICATION NO.

Z23-0016

SUBJECT

Bylaw No. 2166 – Application to Rezone 824-838 Goldstream Avenue from the One- and Two-Family Residential (R2) Zone and the District Commercial (C3) Zone to the City Centre Pedestrian (CCP) Zone to allow for a Hotel

BACKGROUND

Note: This item was not subject to a Public Hearing as it was waived.

At their regular meeting of May 6, 2024, Council passed the following resolution with respect to 824, 832, and 838 Goldstream Avenue:

That Council:

1. Proceed with consideration of Bylaw No. 2166 to amend the zoning designation of the properties located at 824, 832, and 838 Goldstream Avenue from the One- and Two-Family Residential (R2) Zone and the District Commercial (C3) 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 square metre of commercial gross floor area, prior to the issuance of a building permit:

i. $10.75 towards the General Amenity Reserve Fund;

b. That the applicant registers, prior to Bylaw Adoption, a road dedication plan for approximately 5.25m (17.2 feet) along the frontage of 838 Goldstream Avenue, to the satisfaction of the Director of Engineering; (COMPLETED)

c. 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: (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; and
2. A storm water management plan;

ii. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to land alteration:

1. A construction parking management plan; and
2. Mitigation plans per Section 2.5 of Bylaw 1000.

iii. That the frontage improvements are designed to maximize tree retention within the road right-of-way and completed to the satisfaction of the Director of Parks, Recreation, and Facilities, which may include cash-in-lieu of any trees not planted in accordance with the tree replanting ratio and compensation for the removal of any existing City trees.

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

v. That the building is designed to include commercial retail/restaurant space and associated patio on the ground floor facing Goldstream Ave to the satisfaction of the Director of Planning;

vi. That tree protection measures, inclusive of tree protection fencing, are implemented prior to commencement of work to protect the trees identified for retention in the arborist report throughout the construction period;

vii. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type III Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN;

viii. That the applicant agree by covenant to develop the site substantially as shown at Council as a hotel with ground floor commercial.

d. That Council authorize the Director of Planning to issue the following variances within the Form and Character Development Permit for this proposal:

i. That Table 1 of Section 4.01.01 be varied by reducing the number of parking spaces required for a commercial retail unit from 1 per 35m² of gross floor area to nil.
ii. That Section 6.58.06 be varied by reducing the front yard setback for the pool room from the required 2.0m (6.6 feet) to 0.1m (4 inches).

e. That Council waive a Public Hearing for this application.

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COMMENTARY

The Public Hearing for Bylaw No. 216 was waived. Council passed 1st, 2nd and 3rd readings of the Bylaw on May 6, 2024. The information considered in relation to the Bylaw as well as the video recording of the Council meeting can be found at the following link on the City’s website:

Council Meeting - May 06, 2024 (escribemeetings.com)

Staff have received an undertaking from the applicant’s lawyer stating that the Section 219 Covenant agreeing to items 1.c. i – viii in Council’s above-noted resolution and the road dedication plan as per item 1.b. have been signed by all parties except the City, and that upon receiving an executed version back from the City, they will register the road dedication plan and covenant at the Land Titles Office.

Bylaw No. 2166 was signed by the Ministry of Transportation and Infrastructure on May 9, 2024.

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. 2166.

OR Option 2
THAT Council not adopt Bylaw No. 2166.

SUBMITTED BY

Robert Dykstra, MCIP, RPP Senior Planner

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

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

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

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

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

Attachment: Bylaw No. 2166

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CITY OF LANGFORD

BYLAW NO. 2166

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 District Commercial (C3) Zone and adding to the City Centre Pedestrian (CCP) Zone the properties legally described as:

a) Lot 33, Section 5, Esquimalt District, Plan 24870, PID No. 002-828-707 (824 Goldstream Ave);
b) Lot 32, Section 5, Esquimalt District, Plan 24870, PID No. 002-828-693 (832 Goldstream Ave);
c) Lot 1, Section 5, Esquimalt District, Plan 3652 (Except Part in Plan VIP70787), PID No. 006-180-647 (838 Goldstream Ave)

as shown shaded on Schedule A 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. 718 (824, 832, 838 Goldstream Avenue), Bylaw No. 2166, 2024".

READ A FIRST TIME this 6th day of May, 2024.
READ A SECOND TIME this 6th day of May, 2024.

READ A THIRD TIME this 6th day of May, 2024.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 9th day of May, 2024.
ADOPTED this day of , 2024.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER

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Schedule A