BYLAW NO. 2180 (Langford Zoning Bylaw, Amendment No. 725 - 3321 Luxton Road) (background report attached)

Staff Report to Council

• DATE: Monday, January 13, 2025
• DEPARTMENT: Planning
• APPLICATIO NO.: Z24-0003
• SUBJECT: Adoption of Bylaw No. 2180 – Application to Rezone 3321 Luxton Road from the Rural Residential 2 (RR2) to Attached Housing (RM2A) to allow the development of approximately 20 townhouse units.

BACKGROUND:

At their regular meeting of July 15th, 2024, Council passed the following resolution with respect to 3321 Luxton Road:

That Council:

1. Proceed with consideration of First, Second, and Third Reading of Bylaw No. 2180 to amend the zoning designation of the properties located at 3321 Luxton Avenue from RR2 to RM2A, after the notification process has been completed, and subject to the following terms and conditions:

   a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit, prior to the issuance of a building permit: (secured in Bylaw No. 2180)

   i. $610 towards the Affordable Housing Reserve Fund; and
   ii. $3,660 towards the General Amenity Reserve Fund;

   b. That the applicant registers, prior to Bylaw Adoption, a road dedication plan dedicating 2.25m of land along Luxton Road, 3.5 m along Brown Road, and 3.0 m along Piper Road to the satisfaction of the Director of Engineering; (complete)

   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: (complete)

   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 any land alteration:

   1. A mitigation plan;
   2. A construction parking and deliveries management plan; and
   3. An erosion and sediment control plan.

   iii. That interim road paving with crown and water control is completed by the developer on the north side of Brown Road, to the satisfaction of the Director of Engineering.

   iv. That electric heat pumps are installed in the townhouse units.

   v. 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;

   vi. That a separate covenant is registered, prior to issuance of a building permit, that agrees to the following:

   1. That the owner agrees 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;
   2. That the strata be responsible for maintaining the boulevard landscaping from the back of the sidewalk with the exception of boulevard trees; and
   3. That the owner acknowledges that the site is located in proximity to agricultural uses and the South Vancouver Island Gun Range, and that these uses may create general noise, odours, and other nuisances, and agree that the owner and all future owners assume all risk and annoyance of such nuisances.

AND

2. If required to accommodate the installation of the BC Hydro infrastructure, delegate the authority to issue the required setback variance within the Form and Character Development Permit, provided that the proposal remains in substantial accordance with what has been demonstrated on the site plan attached to this report. (to be dealt with in future development permit)

COMMENTARY:

This application was prohibited from being the subject of a Public Hearing, as per the change 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. 2180 on August 19th, 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 of the City’s website: Council Meeting - August 19, 2024 (escribemeetings.com)

The applicant’s lawyer has provided their legal undertaking that they have received all required signatures and will file the road dedication plan and the section 219 covenant containing the requirements of items 1. c. i-vi in Council’s resolution of July 15th, 2024.

Bylaw No. 2180 was signed by the Minister of Transportation and Infrastructure on August 21st, 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. 2180.

OR Option 2
THAT Council does not adopt Bylaw No. 2180.

SUBMITTED BY:

Anastasiya Mysak, Planner I

Concurrence:

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

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CITY OF LANGFORD

BYLAW NO. 2180

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 Rural Residential (RR2) Zone and adding to the Attached Housing (RM2A) Zone the property legally described as:

   a) Lot 26, Block 3, Section 87, Metchosin District, Plan 1718, PID No. 007-069-332 (3321 Luxton Road);

   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. 725 (3321 Luxton Road), Bylaw No. 2180, 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.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 21st day of August, 2024.
ADOPTED this day of , 2025.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER

Schedule A