REQUEST FOR DECISION
DATE: August 8, 2022 Report No. DEV-22-073
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Zoning Amendment Bylaw, 842 Carrie Street and 850 Colville Road - Request not to hold a Public HearingEnd
RECOMMENDATION:
Recommendation
1. That Council resolve to not hold a Public Hearing pursuant to the Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3085, attached to Staff Report No. DEV-22-073 as Appendix B, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of:
842 Carrie Street [PID 031-614-388], legally described as, Lot A, Plan EPP109801, Section 10, Esquimalt District; and
850 Colville Road [PID 031-614-396] legally described as, Lot B, Plan EPP109801, Section 10 Esquimalt District
shown cross-hatched on Schedule ‘A’ of Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3085, from Single Family Residential [RS-1] to Comprehensive Development District No. 133 [CD. No. 133] and direct staff to proceed with appropriate public notification and return the Bylaw to Council for consideration of first, second, and third readings.
2. That Council authorize the Corporate Officer to schedule a special electronic (conference call) Council meeting on August 31, 2022, to consider adoption of Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3085; time to be determined based on availability.
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: Key Map
Appendix B: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3085
Appendix C: Architectural drawings comparing the original proposed building height with the revised proposed building height for the proposed building on 850 Colville Road.
Appendix D: Architectural drawings for the proposed building on 850 Colville Road.
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 construction of a new house to the west of the existing principal dwelling. This property was originally rezoned when Bylaw No. 3006 was adopted by Council on June 28th, 2021. However, it has since come to the attention of staff that the wrong version of the bylaw was attached to the staff report for adoption. The essence of the problem is that the version of the Bylaw that was presented at the Public Hearing was not the same version that was adopted. Therefore, it is necessary to start the process over with a new bylaw.
Since the adoption of Bylaw No. 3006, the owner of the subject property decided to make some design changes which required a small height variance. It was, in fact, a discrepancy in the variance that alerted staff to the discrepancy between the two versions of the Bylaw No. 3006. Given that a new bylaw was required, the additional height has been written into the new bylaw thereby alleviating the need for a variance. In addition, a slight reduction in the rear yard setback has been included in the new Bylaw to accommodate a wider set of exterior stairs for the existing house.
The Table below summarizes the proposed changes to the bylaw that was presented at the March 1, 2021, public hearing and the version of the Bylaw before Council now. All other provisions of the two Bylaws are the same.
Regulation Bylaw 3006 Bylaw 3085 Difference
Public Hearing New Version
Version
Building Height 7.5 m 7.85 m 0.35 m
Colville Road
Siting Exception 1.21 m 1.52 m 0.31 m
for staircase -
Rear setback
842 Carrie Street
In essence, the applicant is requesting that the maximum height of the proposed building on 850 Colville Road be increased by 0.35 m. Due to the pitch of the proposed roof, this is unlikely to have a significant impact on adjacent neighbours. The increase in the Siting Exception for the rear staircase for 842 Carrie Street would be located between the existing dwelling and the proposed dwelling and is unlikely to have any impact on neighbouring properties.
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
January 30, 2022 - Plan EPP10980 Registered at the Land Titles Office subdividing the original lot into two smaller lots.
May 27, 2022 - Landowner applies for a height variance for the proposed dwelling at 850 Colville Road.
ISSUES:
1. Rationale for Selected Option
Because the version of the previous rezoning bylaw (Bylaw No. 3006) that was presented at the March 1, 2021, public hearing was not the same version that was adopted, a new amending bylaw is required. The new bylaw is the same as the original bylaw except that the new bylaw increases the maximum height of the proposed dwelling on 850 Colville Road from 7.5 m to 7.85 m, an increase of 0.35 m. In addition, the siting exception for the proposed rear external stairs for 842 Carrie Street (existing dwelling) has been increased from 1.21 m to 1.52 m to accommodate a wider set of stairs.
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
As per section 467 of the Local Government Act, if Council decides to not to hold a Public Hearing on the proposed Zoning Bylaw Amendment, a notice would be mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property, and notice would be placed in two editions of the Victoria News.
Alternatively, if Council decides to hold a public hearing for the proposed Zoning Bylaw Amendment, a notice would be mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property, notice of the Public Hearing would be placed in two editions of the Victoria News.
ALTERNATIVES:
1. That Council resolve to not hold a Public Hearing pursuant to the Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3085, attached to Staff Report No. DEV-22-073 as Appendix B, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of:
842 Carrie Street [PID 031-614-388], legally described as, Lot A, Plan EPP109801, Section 10, Esquimalt District; and
850 Colville Road [PID 031-614-396] legally described as, Lot B, Plan EPP109801, Section 10 Esquimalt District
shown cross-hatched on Schedule ‘A’ of Bylaw No.3085, from Single Family Residential [RS-1] to Comprehensive Development District No. 133 [CD. No. 133] and direct staff to proceed with appropriate public notification and return the Bylaw to Council for consideration of first, second, and third readings; and that Council authorize the Corporate Officer to schedule a special electronic (conference call) Council meeting on August 31, 2022, to consider adoption of Bylaw No. 3085; time to be determined based on availability.
2. That Council give first and second readings to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3085, attached to Staff Report No. DEV-22-073 as Appendix B and authorize the Corporate Officer to schedule a public hearing and issue the required notices.