# BYLAW NO. 2199 (Langford Zoning Bylaw, Amendment No. 736 - 950 Bray Avenue and 2866 & 2870 Rita Road)

Meeting: Regular Council — January 13, 2025

Canonical HTML: [Open Langford](<https://openlangford.ca/meetings/2025-01-14-regular-council/documents/4621>)

Meeting record updated: 2026-10-19T21:23:46.389231+00:00

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Source: [Agenda](<https://pub-langford.escribemeetings.com/FileStream.ashx?DocumentId=12484>)

Source pages: 234–240

## AI-processed summary

Bylaw to adopt zoning amendments for properties at 950 Bray Avenue and 2866 & 2870 Rita Road (Amendment No. 736 / Bylaw No. 2199).

## Extracted text

### BYLAW NO. 2199 (Langford Zoning Bylaw, Amendment No. 736 - 950 Bray Avenue and 2866 & 2870 Rita Road)

Source pages: 234–240

## BYLAW NO. 2199 (Langford Zoning Bylaw, Amendment No. 736 - 950 Bray Avenue and 2866 & 2870 Rita Road)

### Staff Report to Council

DATE: Monday, January 13, 2025  
DEPARTMENT: Planning  
APPLICATION NO.: Z23-0008  
SUBJECT: Adoption of Bylaw No. 2199 – Application to Rezone 2866 Rita Road, 2870 Rita Road, and 950 Bray Avenue from One- and Two-Family Residential (R2) to City Centre 1 (CC1) to allow a Six-Storey Apartment

### BACKGROUND:
At their regular meeting of October 21, 2024, Council passed the following resolution with respect to 2866 Rita Road, 2870 Rita Road, and 950 Bray Avenue:

That Council:
1. Proceed with consideration of First, Second, and Third Reading of Bylaw No. 2199, following public notification, to amend the zoning designation of the properties located at 2866 Rita Road, 2870 Rita Road, and 950 Bray Avenue from One- and Two-Family Residential (R2) to City Centre (CC1) 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 approval: (secured in bylaw)
      i. $750 towards the Affordable Housing Reserve Fund; and  
      ii. $2,850 towards the General Amenity Reserve Fund;  
      Subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy and the Attainable Housing Policy depending on use and height.
   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 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 construction parking management plan; and  
         2. A mitigation plan.
      iii. That the sidewalk will be extended beyond the frontage on Rita Road to the corner of Tennis Court Lane at the developer’s expense, to the satisfaction of the Director of Engineering;
      iv. That the properties be consolidated prior to issuance of a Development Permit for Form and Character;
      v. That a separate covenant be registered prior to issuance of a building permit for the proposed development that ensures residential parking is allocated to each unit and visitors and is not provided in exchange for compensation separate from that of a residential unit;
      vi. That tree protection measures, inclusive of tree protection fencing, are implemented by the project arborist prior to commencement of work to protect the Garry-oak tree located on 2862 Rita Road, and maintained 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, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City that requires a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years or that a minimum of 5% of units constructed be directed to and sold in accordance with the terms of the Attainable Home Ownership Program Policy (POL-0166-PLAN). The developer shall identify the Attainable Units on the plans submitted for the required Development Permit application;
      ix. That the building be constructed with electric heat pumps;
      x. Acknowledgement that the site is in proximity to Centennial Park which may be utilized for various recreation uses, inclusive of sports tournaments, which may result in general noise and nuisances, and that the owner and all future owners assume all risk and annoyance of such nuisances;
      xi. That a minimum of ten street trees will be planted in the frontage, to the satisfaction of the Director of Parks, Recreation, and Facilities; and
      xii. That the owner or subsequent strata be responsible for maintaining the boulevard landscaping from the back of the sidewalk with the exception of boulevard trees;
   c. That the applicant make every effort to engage with the property owner at 954 Bray Avenue.  (The applicant and staff have met separately with the owners of 954 Bray).
AND
2. Authorize the Director of Development Services to grant the following variance within the required development permit: (to be dealt with in future DP)
   a. That Section 4.01.01 be varied to reduce the required parking from the required 1.25 space per residential unit to 1.07 spaces per residential unit subject to the following: two (2) bike parking spots per unit, of which five (5) will accommodate cargo bike and mobility scooter spaces, the addition of a bike wash and repair facility, and that the storage spaces be plumbed for electric bike charging to the satisfaction of the Director of Development Services.

### 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. 2199 on November 18, 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 - November 18, 2024

The applicant’s lawyer has provided a legal undertaking that they have obtained all required signatures except for the City’s, and upon receiving the executed covenants back from the City they will ensure the covenant is registered against the subject property. The covenants agree to items in 1. b. i. through xii. above.

Bylaw No. 2199 was signed by the Minister of Transportation and Infrastructure on December 13, 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. 2199 as presented.

OR Option 2  
That Council not adopt Bylaw No. 2199.

### SUBMITTED BY:
Julia Buckingham, Planner II

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

Source pages: 234–240

## CITY OF LANGFORD

BYLAW NO. 2199

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 R2 (One- and Two-Family Residential) Zone and adding to the CC1 (City Centre 1) Zone the properties legally described as:

- Lot 4, Section 79, Esquimalt District, Plan 18207, PID No. 000-129-844 (2866 Rita Road);  
- Lot 11, Section 79, Esquimalt District, Plan 17397, PID No. 000-769-941 (950 Bray Avenue); and  
- Lot 12, Section 79, Esquimalt District, Plan 17397, PID No. 003-933-997 (2870 Rita 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:

### Table 1 — Schedule AD (added row)

| Zone | Bylaw No. | Legal Description | Amenity Contributions | Eligible for Reduction in Section 2 of Schedule AD |
|------|-----------|-------------------|-----------------------|----------------------------------------------------|
| CC1 | 2199 | • Lot 4, Section 79, Esquimalt District, Plan 18207, PID No. 000-129-844 (2866 Rita Rd); <br> • Lot 11, Section 79, Esquimalt District, Plan 17397, PID No. 000-769-941 (950 Bray Ave); and <br> • Lot 12, Section 79, Esquimalt District, Plan 17397, PID No. 003-933-997 (2870 Rita Rd) | a) $2,850 per residential unit created towards the General Amenity Reserve Fund on the 1st through 4th storeys; and<br><br> b) $1,425 per residential unit created towards the General Amenity Reserve Fund on the 5th and 6th storeys; and<br><br> c) 1,425 per non-market residential unit created towards the General Amenity Reserve Fund; and<br><br> d) $750 per unit created towards the Affordable Housing Reserve Fund on the 1st through 4th storeys; and<br><br> e) $375 per unit created towards the Affordable Housing Reserve Fund on the 5th and 6th storeys; and<br><br> f) $375 per non-market residential unit created towards the General Amenity Reserve Fund; and<br><br> g) That the total contribution to the General Amenity Reserve Fund as specified in a) through c) may be reduced by the amount equal to the cost of constructing the sidewalk extension beyond the frontage on Rita Road to the corner of Tennis Court Lane, to the satisfaction of the Director of Engineering. | No |

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 736 (950 Bray Avenue and 2866 and 2870 Rita Road), Bylaw No. 2199, 2024".

READ A FIRST TIME this 18th day of November, 2024.  
READ A SECOND TIME this 18th day of November, 2024.  
READ A THIRD TIME this 18th day of November, 2024.  
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 13th day of December, 2024.  
ADOPTED this    day of    , 2025.

PRESIDING COUNCIL MEMBER  
CORPORATE OFFICER

### Schedule A
[Image 1: Schedule A map showing shaded properties at 2866 Rita Road, 2870 Rita Road, and 950 Bray Avenue]
