REQUEST FOR DECISION
DATE: October 20, 2020 Report No. DEV-20-072
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 876 Dunsmuir RoadEnd
RECOMMENDATION:
Recommendation
That Council resolves that Amendment Bylaw No. 3000, attached as Appendix A to Staff Report No. DEV-20-072, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 876 Dunsmuir Road [PID 001-586-971, Lot 77, Section 11, Esquimalt District, Plan 265], shown cross-hatched on Schedule “A” of Bylaw No. 3000, from Two Family Residential [RD-1] to Comprehensive Development District No. 142 [CD. No. 142], be adopted.
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
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 zone of Two Family Residential [RD-1], to create a new Comprehensive Development District [CD-142] to accommodate four new strata townhouse residences to be constructed in one building on the subject property. The existing house has been demolished and a new building containing the four stacked townhomes, two units on the upper floors and two units comprising the first storey and basement, is proposed to replace it.
Appendices
Appendix A: Bylaw No. 3000 - Amendment to Zoning Bylaw 1992, No. 2050, CD-142
Appendix B: Title Search and Registered Section 219 Covenant; and
Appendix C: Architectural Plans, BCLS Site Plan and Landscape Plan
Timeline
February 12, 2020 - Design Review Committee (as a Sixplex).
February 18, 2020 - Advisory Planning Commission (as a Sixplex).
July 6, 2020 - Esquimalt Council (as a Fourplex) - Council read Bylaw No. 3000 a first and second time, approved Section 219 Covenant terms and gave direction to execute and register on title, and Waived the Public Hearing.
July 31, 2020 - Notice of Waived Public Hearing sent to owners and occupiers of property located within 100m of the subject property and sign on frontage of property updated.
August 6, 2020 and August 13, 2020 - Victoria News advertisements run detailing proposal and date, time and location when Council would consider reading Bylaw No. 3000 for a third time.
August 17, 2020 - Esquimalt Council (as a Fourplex) - Council read Bylaw No. 3000 a third time.
October 7, 2020 - Section 219 Covenant registered on property title.
October 26, 2020 Council considers adoption of Bylaw No. 3000.
Context
Applicant/Owner: Jim Penner [0795531 B.C. Ltd., Inc. No. BC0795531]
Property Size: Metric: 668 m2 Imperial: 7190 ft2
Existing Land Use: Vacant Land
Surrounding Land Uses:
North: Two Family Residential [RD-1]
South: Multiple Family Residential [Fourplexes] [RM-4]
West: Single Family Residential with Suite [RD-1]
East: Single Family Residential [RD-3]
Existing Zoning: Two Family Residential [RD-1]
Proposed Zoning: Comprehensive Development District [CD No. 142]
OCP Present Land Use Designation: Low Density Residential [no change required]
OCP Proposed Land Use Designation: Townhouse Residential [no change required]
ISSUES:
1. Rationale for Selected Option
On August 17, 2020 Council read Bylaw No. 3000 a third time and withheld adoption of the bylaw pending the developer voluntarily entering into and registering on title a Section 219 Covenant that would ensure the lands will not be built upon or used pending provision of the following:
• The number of dwelling units in the new development will remain at no more than four [4] units, as stated in Bylaw No. 3000,
• A constraint on the future strata corporation that the rental of the units will not be restricted.
• Not less than five (5) parking spaces must be provided including one (1) visitor parking space protected in perpetuity as illustrated on the “Site Plan” attached to the covenant as Schedule A [Appendix B],
• Provision of a BC Transit pass to a designated resident of each of the four townhomes for a period not less than one year,
• Installation of a Level 2 electric vehicle charging station in each of the four [4] resident parking spaces and at the one [1] visitor parking space, and
• One bicycle locker provided for each unit and will include a minimum of one electrical outlet.
The Section 219 Covenant was registered on title of the property on October 7, 2020. A copy of a recent Title Search detailing the registered change and the registered covenant are attached as Appendix B.
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. In addition, the applicant has proposed providing BC Transit Eco Pass passes for each unit, installing electric vehicle charging stations at all five parking spaces and providing private and secure lockups for bicycles, all of which serves to encourage alternative transportation.
5. Communication & Engagement
As this is a rezoning application and Council waived the Public Hearing, a Notice of Waived Public Hearing was mailed to tenants and owners of properties within 100m (328 ft) of the subject property. A sign indicating that the property is under consideration for a change in zoning, that has been in place since February on the Dunsmuir Road frontage of the property, was updated to reflect the date, time and location when Council will consider third reading of the bylaw. Additionally, notice was placed in the August 6th and August 13th editions of the Victoria News.
ALTERNATIVES:
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3000, attached as Schedule A to Staff Report DEV-20-072 be adopted.
2. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3000 attached as Schedule A to Staff Report DEV-20-072 be defeated.