REQUEST FOR DECISION
DATE: October 20, 2020 Report No. DEV-20-071
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 851 Lampson StreetEnd
RECOMMENDATION:
Recommendation
1. That Council resolves to rescind second reading of Bylaw No. 3007, attached as Appendix A to Staff Report No. DEV-20-071, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 851 Lampson Street [PID 005-778-441, Parcel A (DD 19978W) of Lot 12, Section 10, Esquimalt District, Plan 7500], shown cross-hatched on Schedule “A” of Bylaw No. 3007, from Two Family/ Single Family Residential [RD-3] to Comprehensive Development District No. 134 [CD. No. 134], amend and read anew a second time; and
2. That Council waive the Public Hearing, a second time, pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3007, attached as Appendix A to Staff Report No. DEV-20-071 and direct staff to proceed with appropriate public notification and return the bylaw to Council for consideration of third reading.
Body
RELEVANT POLICY:
Declaration of a Climate Emergency
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Building Regulation Bylaw, 2017, No. 2899
STRATEGIC RELEVANCE:
This Request for Decision supports the following specific strategic objective:
Healthy, Livable and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Purpose of the Application
The applicant is requesting a change in zoning from the current RD-3 [Two Family/ Single Family Residential] zone to Comprehensive Development District No. 134 [CD-134] to accommodate the proposed four (4) strata townhouse residences to be constructed in one building on the subject property.
A detailed review of this application was presented to Council at the Regular Meeting of Council held on September 28, 2020 [Staff Report DEV-20-064]. After receiving the staff presentation of the bylaw Council resolved to read Bylaw No. 3007 a first and second time and waive the Public Hearing.
In preparation to undertake notification pursuant to Local Government Act requirements, staff reviewed the application and discovered an error in the setback established between the proposed building and the Rear Lot Line. For clarity, there are no changes being proposed to the architectural plans that have been reviewed by DRC, APC and Council. The changes requested are to the Rear Setback and Siting Exception sections of Bylaw No. 3007 that failed to accurately accommodate the proposed design.
To align the CD-134 zone with the proposed design, the Rear Setback [Section 8(c)] must be reduced from 8.95 metres to 7.1 metres. This change is required to accommodate the cantilevered portion of the third floor that is positioned above the proposed rear decks [Appendix B, Sheet SK-3].
In addition, the Siting Exception [Section 9(b)] applied to accommodate the intrusion of the rear decks into the previously established 8.95 metre Rear Setback must be deleted.
Staff support these amendments to Bylaw No.3007 as a Rear Setback of 7.1 metres is marginally shorter than the standard established in Zoning Bylaw No. 2050 of 7.5 metres that has been historically applied to development ranging from single family dwellings to six storey buildings.
In order to address this error staff request that Council rescind second reading, amend the bylaw as noted and read the Bylaw No. 3007 anew a second time. Staff also request that Council waive the Public Hearing a second time, thereby confirming that Council approves waiving the hearing for the amended version of the Bylaw No. 3007.
Appendices
Appendix A: Bylaw No. 3007 - Amendment to Zoning Bylaw 1992, No. 2050, CD-134
Appendix B: Architectural Plans, Landscape Plan and BCLS Site Plan
Appendix C: Council Presentation - Staff
Timeline
Advisory Planning Commission - April 21, 2020
Design Review Committee - May 13, 2020
Esquimalt Council - Council read Bylaw No. 3007 a first and second time on September 28, 2020.
ISSUES:
1. Rationale for Selected Option
This proposal complies with the ‘Townhouse Residential’ ‘Proposed Land Use Designation’ (OCP Schedule B) and is consistent with the policy direction contained within the OCP for townhouse development.
Both the DRC and the APC have voiced support for this development approach.
The proposed development would add ‘missing middle’ family oriented housing to Esquimalt, close to transit services, schools and abutting a major park and would improve housing choice in the area, while encouraging owners and residents to choose alternative, lower carbon transportation solutions.
Staff have recommended the applicant consider voluntarily agreeing to register a Section 219 Covenant to secure on-site amenities, including but not limited to:
• The existing buildings will only be used for their current uses prior to demolition.
• The number of dwelling units in the new development will remain at no more than four [4] units.
• One (1) visitor parking spaces will be provided and remain as illustrated in the Site Plan, SK-1, attached in Appendix B of Staff Report DEV-20-071.
• Installation of a Level 2 electric vehicle charging station in each of the four [4] private garages and at the visitor parking space.
• The development will be constructed to meet Step 3 of the BC Energy Step Code.
• A constraint on the future strata corporation that the rental of the units will not be restricted.
• Tree protection fencing will be installed and maintained around the Township’s Pine tree throughout construction and the critical root zone will remain undisturbed and free of deposit or storage of any material related to construction activity.
2. Organizational Implications
This Request for Decision has no organizational implications.
3. Financial Implications
This Request for Decision has no financial implications.
4. Sustainability & Environmental Implications
Increasing residential density in existing neighbourhoods is believed to make a community more sustainable. The applicant has proposed installing electric vehicle charging stations at all five parking spaces and providing secure storage for bicycles within the garages including access to a plug for charging, and 6 bike lockups are proposed for the Lampson Street frontage offering opportunities for visitors to choose to cycle to the site, all of which serve to encourage alternative transportation. The applicant has completed the Green Building Checklist in which he indicates the building would be constructed to Step 3 of the BC Energy Step Code.
5. Communication & Engagement
Public Notification
As this is a rezoning application, regardless of whether the Public Hearing is waived or Council forwards the bylaw to a Public Hearing, a notice would be mailed to tenants and owners of properties within 100m (328 ft) of the subject property. Signs indicating that the property is under consideration for a change in zoning have been placed on the both the Lampson Street and Colville Road frontages of the property and would be updated to reflect the date, time and location of the Public Hearing or when Council will consider the bylaw for third reading. Additionally, regardless of whether the Public Hearing is waived or Council forwards the bylaw to a Public Hearing, notice would be placed in two editions of the Victoria News.
ALTERNATIVES:
1. That Council rescind second reading of Bylaw No. 3007, amend and read Bylaw No. 3007 anew a second time and that Council waive the Public Hearing a second time and direct staff to proceed with appropriate public notification prior to returning Bylaw No. 3007 to Council for consideration of third reading.
2. That Council rescind second reading of Bylaw No. 3007, amend and read Bylaw No. 3007 anew a second time and authorize the Corporate Officer to schedule a Public Hearing.
3. Council postpone further consideration of Bylaw No. 3007 pending receipt of additional information.