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File #: 22-105    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 3/8/2022 In control: Council
On agenda: 4/4/2022 Final action: 4/4/2022
Title: Rezoning Application - 530, 534 & 538 West Bay Terrace, and 877 & 879 Dunsmuir Road
Attachments: 1. Appendix A - Zoning Bylaw, 1992, No. 2050, 2021, Amendment Bylaw No. 3039, 2. Appendix B - Section 219 Covenant CA9757297

REQUEST FOR DECISION

 

DATE:                       March 8, 2022                     Report No. DEV-22-016

TO:                       Laurie Hurst, Chief Administrative Officer                                           

FROM:                      Alex Tang, Planner and Bill Brown, Director of Development Services

SUBJECT:

 

Title

Rezoning Application - 530, 534 & 538 West Bay Terrace, and 877 & 879 Dunsmuir Road

End

 

RECOMMENDATION:

 

Recommendation

That Council adopts Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3039, attached to Staff Report No. DEV-22-016 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 530 West Bay Terrace [PID 005-090-202, Lot 7, Section 11, Esquimalt District, Plan 11515], 534 West Bay Terrace [PID 000-074-659, Lot 6, Section 11, Esquimalt District, Plan 11515], 538 West Bay Terrace [PID 000-074-594, Lot 5, Section 11, Esquimalt District, Plan 11515], 877 Dunsmuir Road [PID 005-090-181, Lot 2, Section 11, Esquimalt District, Plan 11515], and 879 Dunsmuir Road [PID 000-074-683, Lot 1, Section 11, Esquimalt District, Plan 11515], all shown cross-hatched on Schedule ‘A’ of Bylaw No. 3039, from RM-4 [Multiple Family Residential to CD No. 144 [Comprehensive Development District No. 144].

Body

 

RELEVANT POLICY:

 

Official Community Plan Bylaw, 2018, No. 2922

Zoning Bylaw, 1992, No. 2050

Local Government Act

Declaration of Climate Emergency

Parking Bylaw, 1992, No. 2011

Development Application Procedures and Fees Bylaw, 2012, No. 2791

Advisory Planning Commission Bylaw, 2012, No. 2792

Subdivision and Development Control Bylaw, 1997, No. 2175

Green Building Checklist

 

STRATEGIC RELEVANCE:

 

Healthy, Livable and Diverse Community: Support community growth, housing and development consistent with our Official Community Plan

 

BACKGROUND:

 

Appendix A: Zoning Bylaw, 1992, No. 2050, 2021, Amendment Bylaw No. 3039

Appendix B: Section 219 Covenant CA9757297

 

Chronology

December 18, 2020 - Rezoning Application submitted

June 9, 2021 - Design Review Committee

August 17, 2021 - Advisory Planning Commission

September 27, 2021 - Council gives 1st and 2nd Reading of the amendment bylaw

November 15, 2021 - Public Hearing and Council gives 3rd Reading

 

Purpose of the Application

Amendment Bylaw No. 3039 was given 1st and 2nd reading on September 27, 2021.  The Public Hearing was held on November 15, 2021.  Adoption of the bylaws was withheld subject to the registration of a Section 219 Covenant on title.  The Section 219 Covenant has now been registered on title (Appendix B).

 

The covenant addresses the following items:

                     Lot consolidation of 530 West Bay Terrace, 534 West Bay Terrace, 538 West Bay Terrace, 877 Dunsmuir Road, and 879 Dunsmuir Road prior to development as the proposed CD No.144 Zone does not work unless the parcels are consolidated

                     Undergrounding of the electric power lines along half of the frontage on West Bay Terrace adjacent to the subject property

                     The building be constructed to include a minimum of twelve 3-bedroom dwelling units

                     7 visitor parking spaces will be provided and remain

                     Membership for a shared vehicle service for all the units

                     One electric bicycle and one cargo bicycle to be shared by the residents of the building

                     Rebate for 30% of the cost of a new bicycle to a maximum of $500 for a new electric bicycle or $300 for a new conventional bicycle for the 1st year of occupancy.

                     Provision of one-year BC Transit bus passes for the Victoria Regional Transit System to all the residents

 

Staff confirms that the final registered covenant CA9757297 adequately implements all of these items.

 

ISSUES: 

 

1.  Rationale for Selected Option

The provision of a multiple-family residential building in the subject location is consistent with the Official Community Plan’s Proposed Land Use Designation of ‘Medium Density Residential’.  The registered covenant satisfies the terms presented to Council at Third Reading.

 

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

The applicant has completed the Esquimalt Green Building Checklist, detailing green features that will be considered for inclusion in the development should it be approved.

 

5.  Communication & Engagement 

In accordance with post Public Hearing considerations, no further communications or engagements have been provided to Council.

 

ALTERNATIVES:

 

1.  That Council adopts Amendment Bylaw No. 3039.

 

2.  That Council defeats Amendment Bylaw No. 3039.