CITY OF LANGFORD

PLANNING, ZONING AND AFFORDABLE HOUSING COMMITTEE

Monday, August 24, 2009, 7:00 pm

Council Chambers

AGENDAPage

1. CALL TO ORDER

2. APPROVAL OF THE AGENDA

3. ADOPTION OF THE MINUTES

a) Planning, Zoning and Affordable Housing Committee Meeting -July 27, 2009 1

4. REPORTS

a) Rezoning Application - 2510 Echo Valley Drive 4(Application to Amend the CD6 [Comprehensive Development 6 - Bear Mountain]Zone Such that the Development Potential is Restricted to a Maximum 15 Lots)- Staff Report (File No. Z-09-12)

5. ADJOURNMENT

CITY OF LANGFORD

MINUTES OF THE PLANNING , ZONING AND AFFORDABLE HOUSINGCOMMITTEE

Monday , July 27 , 2009 , 7:00 pm

Council Chambers

PRESENT

Councillor Lillian Szpak (Chair), Councillor D. Blackwell (Vice-Chair), Members: A.Creuzot, M. Hall, J. Butler-Smythe, L. Kaye and N. Stewart.

ATTENDING

City Planner, Matthew Baldwin and Deputy Manager of Engineering, Michelle Mahovlich

ABSENT

Member: S. Harvey

1. CALL TO ORDER

The Chair called the meeting to order at 7:00 p.m.

2. APPROVAL OF THE AGENDA

MOVED BY: COUNCILLOR BLACKWELLSECONDED: A. CREUZOT

That the Planning, Zoning and Affordable Housing Committee approve theAgenda as presented.

CARRIED.

3. ADOPTION OF THE MINUTES

a) Planning , Zoning & Affordable Housing Committee -July 13u', 2009

MOVED BY: J. BUTLER-SMYTHESECONDED: N. STEWART

That the Minutes of the Planning , Zoning and Affordable Housing Committee ofJuly 13'", 2009 meeting be adopted as circulated.

CARRIED.

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Minutes of the Planning. Zoning & Affordable Housing committeeJuly 22 . 2009

Page 2 of 3

4. REPORTS

a) Development Variance Permit Application - 912 Shaw Avenue(Application to vary the lot width to allow for a four-lot subdivision)- Staff Report (File No. DVP-09-11)

MOVED BY: M. HALLSECONDED: A. CREUZOT

That the Planning and Zoning Committee recommend that Council:That Council proceed with consideration of Development Variance Permit No. DVP-09-11 for the property at 912 Shaw Avenue, with the following variances:

a) That Section 6.21.02(3) of Zoning Bylaw No. 300 be varied to reduce therequired lot width from 16 metres (52.5 feet) to 10 m (32.8 ft)for proposedlot'4' located at 912 Shaw Avenue.

CARRIED.

b) Development Variance Permit Application - 948 Dunford Avenue(Application to vary lot width , setback and landscaping requirements to allow for agroup daycare)- Staff Report (File No. DVP-09-12)

MOVED BY: COUNCILLOR BLACKWELLSECONDED : M. HALL

That the Planning and Zoning Committee recommend that Council:That Council proceed with consideration of Development Variance Permit No DVP-09-12for the property located at 948 Dunford Road with the following variances:

a) That Section 3.26.02(6) of Zoning Bylaw No. 300 be varied by reducing the distancethat a building containing a group day care may be sited from a lot line adjoining aproperty occupied by a one- or two-family residential use from 15 metres (50 feet) to0 m (0 feet);

b) That Section 3.26.02(8) of Zoning Bylaw No. 300 be varied by reducing the requiredroad frontage from 30.5 metres (100 feet) to 20 metres (65.6 feet) for the subjectproperty;

c) That Section 3.26.02(11) of Zoning Bylaw No. 300 be varied by waiving therequirement that 50% of the area between the front lot line and the front building faceof a building occupied by a group day care be developed as a landscaping andscreening area; and

d) That the requirement for frontage improvements be referred to the Transportationand Public Works Committee;

And subject to the following condition:

i. That the applicant register a covenant on title that prohibits pick up or drop off for thegroup day care within the Dunford Avenue road right-of-way.

CARRIED.

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Minutes of the Planning , Zoning & Affordable Housing CommitteeJuly 27 , 2009

Page 3 of 3

5. ADJOURNMENT

The Chair adjourned the meeting at 7:22 p.m.

CHAIR CERTIFIED CORRECT(Clerk-Administrator)

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CITY OF LANGFORD e-mail planning@ci rofangloM.cwebsife. hnn://dmolnnefordcn

Planning and Zoning phone: (250) 474-69192nd Floor, 877 Gofdslmam Avenue lax: (250) 391-3436Langford. BC V98 2X8

Staff Report SCANNEDto

Planning, Zoning and Affordable Housing Committee

Date: August 24, 2009

File: Z-09-12

Subject: Application to Amend the CD6 (Comprehensive Development 6 - BearMountain) Zone such that the Development Potential of 2510 Echo ValleyDrive is Restricted to a Maximum of 15 Lots.

PURPOSELawrence Paul Goudy has applied to amend the text of CD6 (Comprehensive Development 6 -Bear Mountain ) zone in order to set the maximum permitted density on his property located at2510 Echo Valley Drive to fifteen (15) one-family residential lots.

BACKGROUNDOn July 186 , 2005 , Council adopted Bylaw Ng 944 , which rezoned the property at 999 and 1000Gade Road from GB1 (Greenbelt 1) to the CD6 (Comprehensive Development 6 - BearMountain ) Zone and increased the overall density of development in the CD6 (ComprehensiveDevelopment 6 - Bear Mountain ) Zone to a total of 2983 dwelling units.

On August 21 , 2006 Council adopted Bylaw Ng 1027 (an OCP amendment Bylaw), whichamended Appendix ' M' (Bear Mountain Estates Area Plan) of the OCP by amending thedistribution of land uses within the Land Use Concept Plan.

On October 2nd, 2006 Council adopted Bylaw No 1028 (a zoning bylaw amendment), whichamended the CD6 (Comprehensive Development 6 - Bear Mountain ) zone by increasing themaximum permitted residential density to a total of 5000 dwelling units and inserting newamenity requirements , additional permitted uses , subdivision requirements , and setback / heightprovisions.

APPLICATION DATA

Table 1: Site DataApplicant Lawrence Paul Goudy

Owner Lawrence Paul GoudyLocation 2510 Echo Valley Drive

Legal Lot 1, Sections I & 2. Range 4W . Highland District , Plan VIP8341I

Size of Property 10.1 he (25 acres)

DP Areas Woodland , Riparian , Potential Habitat & Biodiversdy . Steep Slopes , Interface FireHazard (Extreme Rating)

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Subject: Z-09-12 - 2510 Echo Valley Drive24 August 2009Page 2 of 10

Zoning Existing: COB, Areas 2 & 4 Proposed :CD6. New Area

OCP Designation Existing : Hillside and Shoreline Proposed : No change proposed

SITE AND SURROUNDING AREA

The subject property is located near the southern border of the CD6 (ComprehensiveDevelopment 6 - Bear Mountain ) zone , as shown in the Location Map attached to this report asAppendix B and Figure 1 - Orthophoto Map below. The existing use of the property is one one-family dwelling.

The subject property is forested, and lies within designated environmentally sensitive andhazardous development permit areas, as noted in Table 1. Therefore, no development mayoccur on the subject property (under existing or proposed zoning) prior to the issuance of adevelopment permit.

The subject property contains areas of steep terrain , which range in elevation from a peak of285m (935 ft) to a low of 205m (672 ft). The 1 m contour interval map has been shown in Figure2 - Topographic Map for Council's information.

Figure 1 - Orthophoto Map

Table 2: Surroundin Land Uses

Figure 2 - Topographic Map

Zoning Use

North • COG (Bear Mountain) • One-family residential,currently underdevelopment

East • COG (Bear Mountain ) • Future one-familyresidential phase

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Subject: Z-09-12 - 2510 Echo Valley Drive24 August 2009Page 3 of 10

Zoning Use

South • CD6 (Bear Mountain ) • Future Bear Mountain and

• CD72 (South Skin Mountain)South Skirt Mountaindevelopment sites

West • C06 (Bear Mountain) • One-family residential,currently underdevelopment

Golf Course

COUNCIL POLICY

OFFICIAL COMMUNITY PLANThe subject property is designated as Hillside or Shoreline within Official Community Plan BylawNo. 1200 . The following policies apply to this designation:

Hillside or Shoreline

• Predominantly existing low intensity settled areas throughout community with a highpercentage of open space and undeveloped areas located on a hillside or near theshoreline.

• Predominantly residential precinct that supports a range of clustered low, medium, andhigh density housing choices including secondary suites. Higher building forms, such aspoint towers, will be permitted on hillsides to maximize open space, provided someconditions are satisfied.

• Schools, community facilities and other institutional uses are permitted throughout thearea.

• Home-based businesses, live-work housing is encouraged; Home-basedaccommodations (e.g. Bed & Breakfasts) are permitted.

• Parks, open spaces and green corridors (creeks, wildlife corridors, trails , etc.) areintegrated throughout the area. Large playfields are discouraged due to gradingrequirements. Site and topographic responsive pocket parks, enhanced viewpoints,graded hiking and walking trails , children 's play areas, including lot lot' and outdoorexercise areas are strongly encouraged on hillside areas.

• This area allows for Neighbourhood Centres to emerge in the form of high and mediumdensity clustered mixed-use nodes.

• Transit stops are located where appropriate.

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Subject: Z-09-12 - 2510 Echo Valley Dnve24 August 2009Page 4 of 10

This proposal is consistent with this Official Community Plan designation.

COMMENTS

CD6 ZONE STRUCTURE

The CD6 (Comprehensive Development 6 - Bear Mountain) zone is currently divided into thefollowing "Areas:"

• Area I - Village core and golf course;• Area 2 - Primarily a single-family residential area, with some institutional permitted

uses;• Area 3A and 3B - Higher density residential types, such as apartments and townhouses,

are permitted in addition to one., two-, and three-family dwellings;• Area 3C - viniculture / wineries, commercial uses within developments containing a

minimum of 100 residential units are permitted in addition to the uses permitted in 3Aand 3B;

• Area 4 - Ronald McDonald House or similar facilities; and• Area 5 -viniculture and wineries.

The CD6 zone has set the maximum residential density permitted within all of the lands zonedCD6 to 5000 dwelling units; however this density is not allocated to specific Areas nor to specificproperties. The overall number of dwelling units within the CD6 zone is tracked phase byphases for the purposes for determining compliance with this overall maximum density, howeverthe maximum density within a particular development phase is determined by one of thefollowing:

• Minimum subdivision lot requirements for one- , two-, and three-family residential lots;• One dwelling unit per 285m2 of lot area for attached housing and townhouse uses: and• Floor Area Ratio for apartment uses.

Approximately 75% of the subject property is located within Area 2, and the remaining 25% islocated within Area 4, as shown on the map below:

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Subject: Z-09-12 - 2510 Echo Valley Dive24 August 2009Page 5 of 10

The CD6 zone sets the minimum lot size for the subdivision of one-family residential lots at 370m2 (4000ff2). Based on the area of the subject property that is developable under the currentzoning (i.e. with Area 2), approximately 250 lots could be created.

DEVELOPMENT PROPOSALThe applicant has applied to significantly reduce the development potential of his property. Hewishes to develop approximately 45% of his property into 15 one-family residential lots, and topreserve the remaining 55% of his property as natural open space. The applicant does not wishfor this open space area to be developed as active park space (e.g. trails or playgrounds) aslong as he resides in his house, but rather wishes for it to be maintained in a natural state forwildlife corridors and protection of sensitive ecosystems.

Council may wish to note that this proposal does not contemplate a decrease to the overalldensity permitted within the CD6 zone. The additional units that could have been created onthe subject property are expected to be incorporated into development elsewhere in the CD6zone.

Table 3: Summary of Proposed Land UsesUnits Land Area %of Total

Residential Lots and Roads 15 4.52 ha (11.17 ac) 45%

Natural Open Space - 5.59 ha ( 13.81 ac) 55%

Total 10.11 ha (24 .98 ac) 100%

If Council is supportive of this application, they may wish to direct staff to create a new "area" ofthe CD6 zone that encompasses only the subject property. This new area would only permitone-family dwellings and associated accessory uses common to larger lot residential zones,with a maximum density of fifteen (15) dwelling units.

OPEN SPACE DEDICATION

As Council is aware , the exact area and location of open space dedication is usually secured inthe bylaw to rezone the property and/or in a Section 219 covenant prior to Bylaw Adoption.However, in this case the subject property is not expected to be subdivided for some time due tothe lack of dedicated road access. Further to this, Council should note that the open space isbeing proposed voluntarily by the applicant and is not required pursuant to Council's AffordableHousing, Park and Amenity Contribution Policy as a bonus for increased density (as there is noincrease in density), nor is it required to fulfill the open space dedication requirement of BearMountain as a whole. The subject property is located within the CD6 zone, but is excluded fromthe scope of the Master Plan and Master Development Agreement that requires Bear Mountainto provide 54% of their lands as private and public open space.

Due to the uncertain timeline associated with the dedication of road access to the subjectproperty, the exact size, location, and tenure (i.e. City-owned vs. conservation covenant onprivate lots) of the proposed open space has not yet been finalized. In light of this and the factthat the open space dedication is being proposed as a gift, and not to satisfy Council Policy,Council may wish to take a more flexible approach to secure the open space proposed as partof this application.

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Subject: Z-09-12 - 2510 Echo Valley Drive24 August 2009Page 6 of 10

Council could require that the applicant provide an open space preservation plan (including areaand location of preserved areas , and method of preservation) prior to the issuance of aStatement of Conditions (SOC) for subdivision of the subject property. The preservation planwould then be implemented as a condition of the SOC, which could be achieved by dedicatingthe open space areas to the City at the time of subdivision, or by registering a non-disturbance/third party conservation covenant on the appropriate lot(s) at the time ofsubdivision. Council may wish to provide direction to staff with regards to the preferred tenure ofthese proposed open space areas at this time. The City Parks Manager has expressed supportfor the proposed open space areas to be dedicated to the City as park; however, there would bereduced liability (e.g. hazard trees) for the City if the proposed open space areas were protectedby a non-disturbance or third party conservation covenant on private lots.

If Council is supportive of this more flexible approach to securing the open space areas, theymay wish to require the provision and implementation of the preservation plan in a Section 219covenant prior to Bylaw Adoption. Further to this, if Council wishes to ensure the proposedopen space areas are not altered or disturbed in any way prior to the implementation of thepreservation plan, they could direct the applicant to include a non-disturbance clause in thisSection 219 covenant that would apply to the all of the subject property until such a time as thepreservation plan is implemented. Once implementation is complete, this Section 219 covenantcould be discharged from the title of the subject property.

The preliminary concept plan showing the open space areas and potential lot layout is attachedto this report as Appendix A.

FINANCIAL IMPLICATIONS

No change to the density permitted in the CD6 (Comprehensive Development 6 - BearMountain) zone as a whole is proposed as part of this application; therefore no financialimplications for the City are anticipated.

OPTIONS

That the Planning, Zoning, and Affordable Housing Committee recommend that Council:

Option 1

1. Direct staff to prepare a bylaw to amend Zoning Bylaw 300 as follows:

a. By amending the CD6 (Comprehensive Development 6 - Bear Mountain) zoneby creating a new "Area 6" that will:

1. Allow one-family dwellings and associated accessory uses common tolarge lot zones (such as home occupations and secondary suites);

II. Specify a maximum permitted density of 15 dwelling units;b. By amending the "Schedule O" map such that the property at 2510 Echo Valley

Drive is designated within the new Area 6.AND

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Subject: Z-09-12 - 2510 Echo Valley Dnve24 August 2009Page7 of 10

2. Direct the applicant to provide, prior to Bylaw Adoption , a Section 219 covenant thatrequires the applicant to submit an open space preservation plan (including area andlocation of preserved areas , and method of preservation ) that will protect approximately 55%of the area of the subject property to the satisfaction of the Parks Manager , prior theissuance of a statement of conditions for the subdivision of the subject property. The openspace preservation plan shall be implemented as a condition of the statement of conditions:

AND EITHER

3. That the lands specified in the open space preservation plan be dedicated to the City at thetime of subdivision . This land dedication shall NOT be counted towards the requirement forBear Mountain to provide 54% of their land as public and private open space , as specifiedby the Bear Mountain Master Development Agreement;

OR

4. That the lands specified in the open space preservation plan be protected by a non-disturbance or third party conservation covenant on private lots at the time of subdivision;

OR Option 2

5. Reject this application for rezoning;

atthew Baldwin , MCIP Leah Stcfim il)4CIPCity Planner Planner II

Bob Beckett Jason Parks, BCSLAFire Chief Parks Manager

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Subject: Z-09-12- 2510 Echo Valley Drive24 August 2009Page 8 0110

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John[,/ Kn. P.Eng Steve TernentCity&tigineer Treasurer

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Subject: Z-09-12 - 2510 Echo Valley Drive24 August 2009Page 9 of 10

Appendix A - Proposed Site Plan

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Subject: Z-09-12 - 2510 Echo Valley Drive24 August 2009Page 10 of 10

Appendix B - Location Mao

REZONING BYLAWAMENDMENT2510 Echo Valley DriveZONING MAP (Z-09-12)

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