REQUEST FOR DECISION
DATE: June 22, 2021 Report No. DEV-21-048
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
OCP Amendment and Rezoning Application (for adoption) - 842 Carrie StreetEnd
RECOMMENDATION:
Recommendation
1. That Council resolves that Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 3005 attached as Appendix ‘A’ of Staff Report DEV-21-048, which would amend the ‘Proposed Land Use Designations’ map, thereby changing the designation of 842 Carrie Street [PID 000-385-336, Lot 14, Section 10, Esquimalt District, Plan 276] shown cross-hatched on Schedule ‘A’ of Bylaw No. 3005, from ‘DPA No. 6 - Multi-Family Residential’ to ‘DPA No. 3 - Enhanced Design Control Residential’ be adopted; and
2. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3006 attached as Appendix ‘B’ to Staff Report DEV-21-048, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 842 Carrie Street [PID 000-385-336, Lot 14, Section 10, Esquimalt District, Plan 276], shown cross-hatched on Schedule ‘A’ of Bylaw No. 3006, from Single Family Residential [RS-1] to Comprehensive Development District No. 133 [CD. No. 133], be adopted.
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922 [OCP]
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
Local Government Act
STRATEGIC RELEVANCE:
Support community growth, housing, and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Bylaw No. 3005 - Amendment to Official Community Plan Bylaw, 2018, No. 2922
Appendix B: Bylaw No. 3006 (CD 133) - Amendment to Zoning Bylaw 1992, No. 2050
Appendix C: Section 219 Covenant CA9047501 [as registered]
Purpose of the Application:
The applicant is requesting a change in zoning from Single Family Residential [RS-1] to a Comprehensive Development District, to facilitate the future subdivision of the lot and the construction of a new house to the west of the existing principal dwelling. The Esquimalt Official Community Plan Bylaw, 2018, No. 2922 [OCP] ‘Present’ land use designation for this property is Low Density Residential and the ‘Proposed’ land use designation is Townhouse Residential. The OCP amendment is necessary to amend the OCP Schedule H - Development Permit Areas map for this location, changing the site from DPA No. 6 - Multi-Family Residential to DPA No. 3 - Enhanced Design Control Residential.
Context:
Applicant/ Owners: Janos Farkas and Xeniya Vins, Xquimalt Developments
Timeline:
October 25, 2019 - Rezoning application received (staff request revisions)
February 21, 2020 - Revised application package received
April 21, 2020 - Advisory Planning Commission provides a recommendation
May 6, 2020 - Applicant’s neighbourhood consultation package mailed
June 3, 2020 - OCP Amendment consultation package mailed
September 14, 2020 - Council granted first reading to Bylaw No. 3005 and 3006
October 26, 2020 - Council granted second reading to Bylaw No. 3005 and 3006 and directed the Corporate Officer to schedule a public hearing. Prior to scheduling the public hearing development services staff negotiated the details of the Section 219 covenant terms with the applicant
March 1, 2021 - Public hearing and 3rd reading of Bylaws by Council
June 11, 2021 - Registered covenant returned to staff
ISSUES:
1. Rationale for Selected Option
The property owner has voluntarily executed and registered a Section 219 covenant on the property, acknowledging that the amenities and the restrictions are in the public interest, and thereby providing that the lands shall not be subdivided, built upon, or used in the absence of all the following:
• New building to achieve BC Energy Step Code Level 3
• Existing building to achieve BC Energy Step Code Level 3, when renovated
• Electric vehicle charger for the new house, and for the existing house upon renovation
• Heat pump will be provided as the primary heating for the new house which would not have a gas connection (fossil fuel heating source)
• Existing house would have a heat pump installed as the primary heating source upon renovation and keep its gas connection
• A secondary suite would be permitted in the Site A building only
• Neither lot can be sold until the renovations are completed
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
Building to BC Energy Step Code Level 3 will lower the long-term greenhouse gas requirements of the buildings over current minimum building code construction standards.
5. Communication & Engagement
Public Hearing:
A public hearing was held on March 1, 2021.
Official Community Plan [OCP] Consultation:
The Official Community Plan and Zoning Bylaw Amendment concept plan was circulated to local First Nations and other agencies for comment on June 3, 2020. No concerns were raised from these agencies.
Applicant’s neighbourhood consultation:
In lieu of a neighbourhood meeting, at the direction of the Director of Development Services and with the assistance of staff, on May 6, 2020 a letter was mailed on behalf of the applicant to the owners and residents of properties located within 100 metres of the subject property, providing them with an opportunity to telephone or email the applicant with any comments or concerns, in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791.
ALTERNATIVES:
1. That Council adopts Amendment Bylaw No. 3005 [Appendix A] and Amendment Bylaw No. 3006 [Appendix B].
2. That Council defeats Amendment Bylaw No. 3005 [Appendix A] and Amendment Bylaw No. 3006 [Appendix B].