REQUEST FOR DECISION
DATE: November 21, 2018 Report No. DEV-18-081
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 471 Kinver Street
End
RECOMMENDATION:
Recommendation
That Council resolves that Bylaw No. 2946 [Appendix A], which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 471 Kinver Street [Parcel A (DD 187668I) of Lots 1 and 2, Block 3 Section 11, Esquimalt District, Plan 6016; PID 005-918-545] from RD-3 [Two Family/ Single Family Residential] to CD No. 111 [Comprehensive Development District No. 113], be considered for first and second reading; and
That Council authorizes the Corporate Officer to schedule a public hearing for Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 2946, and to advertise for same in the local newspaper.
Body
RELEVANT POLICY:
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
STRATEGIC RELEVANCE:
This Request for Decision supports the following specific strategic objective:
• Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Bylaw No. 2946 - Bylaw to Amend Zoning Bylaw, 1992, No. 2050
Appendix B: Maps, Air Photo, RD-3 Zone
Appendix C: Site Plan and Architectural Drawings
Appendix D: Green Building Checklist
Appendix E: Applicant’s Neighbourhood Consultation
Purpose of the Application
The applicant is requesting a change in zoning from the current RD-3 [Two Family/ Single Family Residential] zone to a Comprehensive Development Zone [CD] which would allow two single family residences, each on a fee simple parcel. The existing house would be demolished and two new homes would be constructed. Should the rezoning be approved, the form and character of the buildings and landscaping would be controlled by a development permit that would be considered by Council at a future date.
Evaluation of this application should focus on issues relevant to zoning such as the appropriateness of the proposed uses, height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, parking, how the building relates to surrounding sites, and consistency with the overall direction contained within the Official Community Plan.
Context
Applicant: Shawn Adye
Owners: Shawn Adye and Graham Turner
Property Size: Metric: 803.6 m2 Imperial: 8649.9 ft2
Existing Land Use: Single Family Residence
Surrounding Land Uses:
North: Single Family Residential [RD-3]
South: Single Family Residential [CD-59]
West: Two Family Residential [RD-1]
East: Two Family Residential [RD-1]
Existing Zoning: RD-3 [Two Family/Single Family Residential]
Proposed Zoning: CD [Comprehensive Development District]
Existing OCP Designation: Low Density Residential [No change required]
Zoning and Parking
In keeping with other single unit projects, the proposed Comprehensive Development District zone would contain the following uses: single family residential, home occupation, boarding and urban hens. The applicant has not proposed secondary suites in this development; a covenant could be registered against the title of the property limiting the development to two [2] dwelling units.
Density, Lot Coverage, Siting and Parking: The following chart compares the floor area ratio, lot coverage, setbacks, building height, and parking of this proposal with the requirements of the RS-1 [Single Family Residential Zone]:
Floor Area Ratio [FAR] measures the size of a building (or for all principal buildings on a lot) as a ratio of the size of the lot on which a building sits. The combined FAR of this proposal is 0.35 which matches the maximum FAR allowed in the Single Family Residential [RS-1] zone. The applicant has designed this project to generally comply with the RS-1 zone requirements, including FAR, lot coverage, building height, setbacks, and parking, with the exception of the 3 metre interior side setback, which is difficult to provide on narrow lots.
Esquimalt requires one parking space “behind the front face of the principle building” for a single family residence. This proposal incorporates a single car garage in each unit, thereby meeting this regulation.
Official Community Plan
This proposal is consistent with the ‘Present’ and the ‘Proposed’ Land Use Designations applied to the subject property, “Low Density Residential”.
The following policies were considered in evaluating this development application:
Section 5 - Housing & Residential Land Use contains policies that are intended to ensure that concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character are addressed.
• Policy: Support the inclusion of secondary suites within present and proposed low density residential land use designated areas.
• Policy: Support the inclusion of detached accessory dwelling units on appropriate low density residential land use designated areas where only one principal dwelling unit exists.
• Policy: Support the development of a variety of housing types and designs to meet the anticipated housing needs of residents. This may include non-market and market housing options that are designed to accommodate young and multi-generational families, the local workforce, as well as middle and high income households.
5.2 Low Density Residential Redevelopment contains policies that support development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole.
• Policy: Proposed redevelopment or infill within present low density residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.
• Policy: Consider the inclusion of secondary suites in infill developments where it is demonstrated that neighbourhood impacts can be mitigated.
As the Development Permit is not being considered at this time it would be inappropriate to address many of the DP guidelines. Staff believes the following DPA No. 3 Guidelines are especially relevant to the discussion of zoning issues (height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, parking, how the building relates to adjacent and surrounding sites):
Section 20 - DPA No. 3 Enhanced Design Control Residential - is designated to establish objectives for the form and character of intensive residential development.
20.6 Guidelines - Single-unit Infill Housing
20.6.1 Relationship to Existing Houses
3. Where new infill single houses are proposed, the design of the new houses should be complementary in scale, size, exterior finishes, rooflines, and colours to the predominant styles of housing in the neighbourhood. It is important to ensure that the new construction fits with the overall scale and character of existing houses. The intent of this guideline is not to encourage the replication or imitation of surrounding buildings but rather the design of structures that complement the streetscape.
20.6.2 Massing
1. New structures should be designed so that the overall massing is in keeping with other single-unit residences in the immediate area. New structures for lots other than corner or double frontage lots should be limited to one and one half storeys.
2. New structures, which are two storeys in height, should be designed so that the second storey is partially concealed within the slope of the roof to minimize the height of the building. The use of dormers set into the roof is preferred to a flat roof or a peaked roof set over the second storey.
20.6.3 Privacy/Screening/Shadowing
1. Proposed infill dwellings should have only a minimal impact on adjacent homes and be separated from neighbouring residences by vegetation, screening, natural elevation differences, or a combination of these features.
3. Infill dwellings should be sited to minimize the casting of shadows on to the private outdoor space of adjacent residential dwellings.
20.6.4 Landscaping
1. Proposals for single-unit infill housing must include a landscape plan showing hard landscaping (i.e., parking areas, fences, and patios) as well as lawns, trees, shrubs, planting areas and proposed plant species.
2. Retention and protection of trees and the natural habitat is encouraged wherever possible.
20.6.5 Private Open/Yard Space
1. Any proposal for single-unit infill housing should provide for usable, private outdoor areas for each dwelling, at grade.
The property is also included in the following OCP Development Permit Areas: Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, Development Permit Area No. 8 - Water Conservation. Many of these guidelines would be addressed at the Development Permit stage but the following are relevant to the discussion of zoning and parking areas, including in particular the siting of proposed buildings.
Section 18 - Development Permit Area No. 1 - Natural Environment - is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.
18.5.2 Natural Features - Natural features and areas to be preserved, protected, restored, and enhanced where feasible:
1. Retain existing healthy native trees, vegetation, rock outcrops and soil wherever possible.
4. Narrower manoeuvering aisles, fewer and smaller parking spaces can be considered where natural areas are being conserved.
18.5.5 Drainage and Erosion - Measures to control drainage and shoreline erosion.
Where it is reasonable:
1. Preserve, restore and enhance treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles and branches. Consider that native conifers are well adapted to local wet winters.
4. Maximize the ratio of planted and pervious surfaces to unplanted surfaces, and design paved areas to direct water towards vegetated areas, to help reduce surface run off. Where paved surfaces are needed, intersperse with drought resistant vegetation and trees, to help absorb stormwater, provide shade and reduce the local heat island effect.
Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction - is designated for the purposes of energy conservation and greenhouse gas reduction.
24.5.1 Siting of buildings and structures. - Where it is feasible:
1. Orient buildings to take advantage of site specific climate conditions, in terms of solar access and wind flow; design massing and solar orientation for optimum passive performance.
2. Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent usable outdoor open spaces.
4. Provide space for pleasant pedestrian pathways between buildings.
5. Strategically site buildings to sustain and increase the community’s urban forest tree canopy cover.
6. Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
24.5.2 Form and exterior design of buildings and structures. - Where it is feasible:
2. Use roof designs that reduce heat transfer into neighbouring buildings, helping reduce the local heat island effect and the need for cooling of buildings in warmer months.
8. Add rooftop patios and gardens, particularly food producing gardens, as they can contribute to local resilience, livability, and reduction in greenhouse gas production by reducing food transportation costs.
24.5.3 Landscaping - Where it is feasible:
2. Choose open space and landscaping over dedicating space to the parking and manoeuvering of private motor vehicles.
3. Conserve native trees, shrubs and soils, thereby saving the cost of importing materials and preserving already sequestered carbon dioxide.
24.5.5 Special Features - Where it is feasible:
4. Reuse of existing buildings and building materials is encouraged.
Section 25 - Development Permit Area No. 8 - Water Conservation - is designated for the purpose of water conservation.
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping)
Where it is feasible:
1. Preserve and restore treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles and branches. Consider that native conifers are well adapted to local wet winters.
3. Avoid disturbing, compacting and removing areas of natural soil, as these are naturally absorbent areas.
Green Building Features
The applicant has completed the Esquimalt Green Building Checklist [attached].
Comments from Other Departments
Building Inspection: No concerns, subject to review for Building Code and Bylaw compliance at time of Building Permit application.
Engineering Services: Engineering has completed a preliminary review of the proposed development at 471 Kinver Street. The developer should be aware that they may be required to provide Works and Services up to the road centre line, at the expense of the property owner. The development is to have sewer, drain, catch basin and water service connections, as well as underground hydro, telephone, and cable. At a minimum new curb, gutter and sidewalks along the frontage of the proposed development may be required. Additional review and comments will be provided upon receipt of detailed engineering drawings. All proposed Works and Services shall be as per Bylaw, 1997, No. 2175. It is the responsibility of the applicant to hire a qualified professional for the design and construction supervision of all Works and Services, including construction costs, engineering fees, administrative fees and as indicated in Bylaw No. 2175.
Fire Services: No concerns.
Parks Services: A tree cutting permit is required for any tree removal. Protection by tree protection fencing set up at the drip-line to be provided for all the trees to be retained, prior to commencement of site preparation, demolition and construction.
Recommendation from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on Wednesday, August 21, 2018. The APC members supported this application and made the following motion:
The application for rezoning, authorizing two new single family dwellings sited in accordance with the surveyor’s plan prepared by Glen Mitchell, Land Surveying Inc., and incorporating the height and massing consistent with the architectural plans provided by Hartman’s Drafting & Design, both stamped “Received July 9, 2018”, for the proposed development to be located at 471 Kinver Street [PID 005-918-545; Parcel A (DD 187668I) of Lots 1 and 2, Section 11, Esquimalt District, Plan 6016] be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve; as the proposed development is a good fit for the neighbourhood and a good use of the land.
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission has recommended approval of this application. This proposal complies with the Official Community Plan policies and guidelines for infill housing, and would be similar in form and character to several of the infill projects that have been completed in this neighbourhood in recent years.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
The proposal before Council would result in a denser urban environment which is generally associated with reduced greenhouse gas emissions. The livability of a development and the neighbourhood contributes to the social and economic sustainability of the community.
5. Communication & Engagement
As this is a rezoning application, should it proceed to a Public Hearing, notice would be mailed to tenants and owners of properties within 100 metres (328 ft) of the subject property. A sign indicating that the property is under consideration for a change in zoning has been placed on the Kinver Street frontage of the property and would be updated to reflect the date, time and location of the Public Hearing. Additionally, notice of the Public Hearing would be placed in two editions of the Victoria News.
Applicant neighbourhood meeting submission - [Appendix E]
The applicant has indicated that they canvased the neighbourhood, and held a public meeting on October 11, 2018 in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791.
ALTERNATIVES:
1. Council read Bylaw No. 2946 a first and second time, and direct staff to schedule a Public Hearing.
2. Council postpose consideration of Bylaw No. 2946 pending receipt of additional information.