BYLAW NO. 2188 - Langford Zoning Bylaw, Amendment No. 728 (2787 Lakeview Terrace), Bylaw No. 2188, 2024 (Background report attached)

Staff Report to Council

Date: Monday, November 4, 2024
Department: Planning
APPLICATIO NO.: Z24-0011
SUBJECT: Adoption of Bylaw No. 2188 – Application to amend the amenity contribution provisions for the property within MUE1 (Mixed-Use Residential 1) Zone located at 2787 Lakeview Terrace.

BACKGROUND:

At their regular meeting of July 15th, 2024, Council passed the following resolution with respect to 2787 Lakeview Terrace:

That Council:

1. Proceed with consideration of First, Second and Third Reading of Bylaw No. 2188 to amend the amenity contributions for the property located at 2787 Lakeview Terrace, after the notification process has been completed, and the subject to the following terms and conditions:
   a. That the applicant provides, in lieu of amenity contributions outlined in section 6.53.03(2)(b) of Zoning Bylaw No. 300, as a bonus for increased density, the following contributions per dwelling unit beyond the permitted density of three residential unit, prior to the issuance of a building permit: (secured in Bylaw No. 2188)
   i. $610 towards the Affordable Housing Reserve Fund; and
   ii. $3,660 towards the General Amenity Reserve Fund;
   b. 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)
   i. That electric heat pumps will be installed in all townhouse units;
   ii. 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 verifies specifying the total Global Warming Potential value and confirming that the proposed development meets the requirements of Low Carbon Concrete Policy POL-0167-PLAN;
   iii. That a separate covenant be registered prior to issuance of a building permit for the proposed development agreeing that the garages are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein, in favour of the strata.

COMMENTARY:

This application was prohibited from being the subject of a Public Hearing, as per the changes made by the Province to the Local Government Act through The Housing Statues (Residential Development) Amendment Act, 2023.

Council gave first, second and third readings of Bylaw No. 2188 on August 19th, 2024. Due to a clerical error, the third reading of the Bylaw was rescinded and a new third reading was given on September 3rd, 2024. The information considered in relation to this Bylaw as well as the video recording of the Meeting can be found at the following link on the City’s website: Council Meeting - September 03, 2024 (escribemeetings.com)

The applicant has registered a Section 219 Covenant against the title of the subject properties that agrees to items 1. b. i-iii in Council’s resolution dated July 15th, 2024, noted above.

Bylaw No. 2188 was signed by the Minister of Transportation and Infrastructure on September 5th, 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. 2188 as presented.

OR Option 2
THAT Council take no action regarding Bylaw No. 2188 at this time.

SUBMITTED BY:

Anastasiya Mysak, Planner I

Concurrence:
Matthew Baldwin, RPP, MCIP, Director of Development Services
Concurrence:
Melisa Miles, Manager of Legislative 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

Attachment: Bylaw No. 2188

CITY OF LANGFORD

BYLAW NO. 2188

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 adding the following text as Section 6.53.03(7):

(7) Notwithstanding Subsection 6.53.03(2), on lands whose legal description is Lot 1, Section 85, Esquimalt District, Plan EPP108379, PID 031-430-006 (2787 Lakeview Terrace), the number of residential dwelling units can exceed three units, if the owner of the land proposed to be built upon:

a) Pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to issuance of a building permit.

2. By adding the following text to Table 1 of Schedule AD:

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 728 (2787 Lakeview Terrace), Bylaw No. 2188, 2024".

READ A FIRST TIME this 19th day of August, 2024.
READ A SECOND TIME this 19th day of August, 2024.

READ A THIRD TIME this 19th day of August, 2024.
THIRD READING RESCINDED this 3rd day of September, 2024.
READ A THIRD TIME this 3rd day of September, 2024.

APPROVED BY THE MINISTRY OF TRANSPORTATION this 5th day of September, 2024.
ADOPTED this day of , 2024.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER