BYLAW NO. 1927 — Langford Zoning Bylaw, Amendment No. 706 (957 Walfred Road) Bylaw No. 1927, 2023 (ADOPTION)

Background

Note: This item has been the subject of a Public Hearing.
At the Regular meeting of October 23, 2023, Council passed the following resolution with respect to 957 Walfred Road:

That Council:

1. Proceed with consideration of First Reading of Bylaw No. 1927 to amend the zoning designation of the properties located at 957 Walfred Road from RS1 to RT1 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. 1927) 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, discharge the previous rezoning covenant and register a new 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, inclusive of constructing a cul de sac and bowtie parking, connecting the existing sidewalk on Hinks Road to the on-site pathway, boulevard, and streetlighting. It must also include improvements to the frontage of 955 Walfred Road; 2. A storm water management plan; and 3. A construction parking management plan. ii. That a separate covenant be registered prior to 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; iii. 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; iv. 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; v. That a Statutory Right of Way be registered over the public pathway prior to the issuance of a building permit; vi. That the public pathway shall be demonstrated within the landscape plan and be clearly delineated to the satisfaction of the Director of Parks, Recreation, and Facilities.

c. That the Committee recommend the Council direct staff to work with the Applicant to address the issues below to be presented at first reading of the bylaw prior to Public Hearing: (items addressed at December 4, 2023, Council meeting)

• Relocation of the front entrances (north faces) of townhome block “A” and “B”
• Detailing of a solid board fence on the north and east interior boundaries
• Landscaping and irrigation possibilities within the cul-de-sac bowtie.

AND

2. Amend the text of Schedule AD of the Zoning Bylaw No. 300 to remove the amenity contributions related to Bylaw No. 1261; (secured in Bylaw No. 1927)

AND

3. Authorize the Director of Planning and Subdivision to issue the following variances within the form and character development permit: (to be dealt with in future DP)

   a. Section 6.28.07(1)(a) to reduce the front lot line setback from 3 m to 1.2m; and
   b. Section 6.28.07(1)(d) to reduce the rear lot line setback from 5.5 m to 1.5 m

Subject to the following condition:
That the variances are only granted for the development of the townhouse project as shown at Public Hearing.

Subsequently, on December 4, 2023, Council passed the following resolution after considering a report addressing the items listed in 1(c) above:

THAT Council:

1. Give First Reading to Bylaw No. 1927.

AND

2. Allow the front doors of Blocks “A” and “B” to remain on the north face of the units, as per the original site plan.

AND

3. Direct staff to schedule a Public Hearing for Bylaw No. 1927.

AND

THAT Council direct staff to have the developer set the window design sizes back to their original design sizes.

Commentary

The Public Hearing for Bylaw No. 1927 was held on January 15, 2024. 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 - January 15, 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 1b. i. through vi. in Council’s resolution dated October 23, 2023, noted above.

Bylaw No. 1927 was signed by the Minister of Transportation and Infrastructure on May 14, 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 “Langford Zoning Bylaw, Amendment No. 706, (957 Walfred Road), Bylaw No. 1927, 2023", as presented.

OR Option 2
That Council not adopt “Langford Zoning Bylaw, Amendment No. 706, (957 Walfred Road), Bylaw No. 1927, 2023".

Submitted By / Concurrences

SUBMITTED BY: Julia Buckingham, Senior Planner

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

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:
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

Attachments:
Bylaw No. 1927

CITY OF LANGFORD — BYLAW NO. 1927

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 Residential Small Lot 1 (RS1) Zone and adding to the Residential Townhouse (RT1) Zone the property legally described as:

   a) Lot 1, Section 84, Esquimalt District, Plan VIP86631, PID No. 027-919-021 (957 Walfred Road)

   as shown shaded on Schedule A attached to and forming part of this Bylaw.

2. By removing the amenity contributions required through Bylaw No. 1261 from Table 1 of Schedule AD and adding the following to Table 1 of Schedule AD:

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 706, (957 Walfred Road), Bylaw No. 1927, 2023".

READ A FIRST TIME this 4th day of December, 2023.
PUBLIC HEARING held this 15th day of January, 2024.
READ A SECOND TIME this 15th day of January, 2024.
READ A THIRD TIME this 15th day of January, 2024.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 14th day of May, 2024.
ADOPTED this day of , 2026.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER