REQUEST FOR DECISION
DATE: March 20, 2023 Report No. DEV-23-019
TO: Dan Horan, Chief Administrative Officer
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 1072 & 1076 Colville Road - Requirement for a Public Hearing
End
RECOMMENDATION:
Recommendation
That staff proceed with the appropriate public notification so that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3099, allowing Secondary Suites as a permitted use in Zone CD-128 at 1072 Colville Road, can be considered by Council for first, second, and third readings without holding a Public Hearing.
That staff proceed with the appropriate public notification so that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3100, allowing Secondary Suites as a permitted use in Zone CD-129 at 1076 Colville Road, can be considered by Council for first, second, and third readings without holding a Public Hearing.
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. No. 2791
Advisory Planning Commission Bylaw, 2012, 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Healthy, Liveable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Aerial Photos
Appendix B: Architectural and Landscape Plans
Appendix C: Amendment Bylaws No. 3099 and No. 3100
Appendix D: Section 219 Covenant
Appendix E: Summary of revisions
Appendix F: Open house summary
Appendix G: Green building checklist
Appendix H: Information sheet
Appendix I: Staff presentation
Appendix J: Applicant’s Presentation
PURPOSE OF APPLICATION:
The applicant is requesting to amend Comprehensive Development Districts CD-128 and CD - 129 to allow Secondary Suites as a permitted uses on both properties. A Section 219 covenant [Appendix D] that restricts the creation of Secondary Suites within any dwelling unit or otherwise on the Lands is currently registered on both Titles. The applicant has applied for the covenants to be discharged, which must occur before the Rezoning Bylaw is adopted. In addition, each suite will require an on-site parking space. The Zoning Bylaw amendments include exemptions to Parking Bylaw Part 4, Section 9(4) to accommodate them in the driveway in front of the front face of the Principal Building.
Before Council can consider the Bylaw, a decision on whether a public hearing is required must be made. Section 464 (2) of the Local Government Act states:
(2) A local government is not required to hold a public hearing on a proposed zoning bylaw if
(a) an official community plan is in effect for the area that is the subject of the zoning bylaw, and
(b) the bylaw is consistent with the official community plan.
Given that the proposed Zoning Bylaw amendment is consistent with the Official Community Plan, Council has an opportunity not to require a public hearing.
CONTEXT:
Applicant: Denise Kors
Owner: David Kindrat and Alyssa Carlson
Designer: Adapt Designs
Landscape Designer: Duane Ensing
Property Size: 653m2
OCP Land Use Designation: Low Density Residential
Current: Low Density Residential
Proposed: Low Density Residential
Zone: Comprehensive Development No. CD-128 and No. CD-129
Existing Land Use: Single Family Residential
Proposed Land Use: Two Family Residential
Surrounding Land Use:
North: Agricultural Land Reserve (Golf Course)
South: Low Density Residential
East: Low Density Residential
West: Low Density Residential
CHRONOLOGY:
2019 - Rezoning application submitted to change from RS-6 to CD-128 and CD-129 to allow for the construction of a Two-Family dwelling
2021 - Section 219 Covenant prohibiting suites is registered
2021 - Rezoning completed
2022 - Current Rezoning application submitted (August)
2022 - Advisory Planning Commission (October)
2023 - Revised plans submitted (February)
OCP ANALYSIS:
The site is designated ‘Low Density Residential’ as illustrated on the “Proposed Land Use Designation” map (Official Community Plan Bylaw, 2018, No. 2922 - Schedule B).
The Official Community Plan supports the expansion of housing types in residential areas, particularly missing middle housing types. The following policies should be considered in the evaluation of this proposal.
5.1 Anticipated Housing Needs in the Next 5 Years
Objective: Support expansion of housing types within Esquimalt while addressing concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character.
Policy - Support the inclusion of secondary suites within present and proposed low density residential land use designated areas. The applicant is proposing to add two Secondary Suites to this lot. See Appendix B for the architectural plans of the proposed suites.
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.
Policy - Encourage the development of rental accommodation designed for a variety of demographic household types, including young families. These secondary suites would add rental stock to Esquimalt.
5.2 Low Density Residential Redevelopment
Objective: Strive for redevelopment and infill 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.
5.4 Affordable Housing
Objective: To encourage a range of housing by type, tenure and price so that people of all ages, household types, abilities and incomes have a diversity of housing choice in Esquimalt.
Policy - Encourage the provision of missing middle housing types such as two-unit dwellings (duplexes), townhouses and small lot infill as one avenue to address housing affordability.
13.3.3 Building Energy Efficiency
Objective: To reduce building emissions by increasing energy efficiency in new buildings.
Policy - Pursue higher energy-efficiency performance in new developments, through the achievement of higher steps in the BC Energy Step Code as an amenity associated with rezoning.
The applicant has indicated they plan to build to Step Code 3 standards [see Green Building Checklist, Appendix G].
13.3.6 Passenger Vehicle Alternatives
Objective: To reduce impact of motor vehicles that derive energy from fossil fuels by increasing capacity for alternative fueling and sharing.
Policy - Encourage the installation of electric vehicle charging infrastructure in all new multi-unit developments.
Policy - Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
ZONING ANALYSIS:
Comprehensive Development District No. 128 includes the following regulations:
|
|
CD Zone 128 |
|
Floor Area Ratio |
0.4 |
|
Lot Coverage |
36% |
|
Building Height |
7.3 metres |
|
Front Setback |
7.5 metres |
|
Side Setback East |
2.2 metres |
|
Side Setback West |
2.1 metres |
|
Rear Setback |
7.5 metres |
|
Permitted Uses |
Two Family Residential, Home Occupation, Boarding, Urban Hens |
Comprehensive Development District No. 129 includes the following regulations:
|
|
CD Zone 129 |
|
Floor Area Ratio |
0.4 |
|
Lot Coverage |
36% |
|
Building Height |
7.3 metres |
|
Front Setback |
7.5 metres |
|
Side Setback East |
1.6 metres |
|
Side Setback West |
2.1 metres |
|
Rear Setback |
7.5 metres |
|
Permitted Uses |
Two Family Residential, Home Occupation, Boarding, Urban Hens |
The proposed changes are to add “Secondary Suite: subject to the requirements of Section 30.6” to the Permitted Uses, and to amend On-site parking to read “Notwithstanding Section 9(4) of the Parking Bylaw, 1992, No. 2011 (as amended), a maximum of two parking spaces may be located closer to the Front Lot Line than the front face of the Principal Building.
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1 space per dwelling unit for Two Family Dwellings, which means two parking spaces are required for each property. Two parking spaces are proposed for each garage, and the other two are proposed for the driveway [see Appendix B]. Parking Bylaw No. 2011 Section 9(4) states that parking spaces in residential zones shall be located no closer to the Front Lot Line than the front face of the Principal Building. The additional parking spaces proposed as part of this rezoning would require an exception to Parking Bylaw, 1992, No. 2011 (as amended) to allow the suite parking to be located where they are proposed [see Appendix B].
COMMENTS FROM OTHER DEPARTMENTS:
Engineering
According to Bylaw 2175, including all schedules, the developer may be required to provide all Works and Services up to the road centerline. All Works and Services that are required to be constructed and installed at the expense of the Owner shall be constructed before the Approving Officer approves the development unless the Owner: deposits with the Municipality a Security Deposit in the amount of 120% of the estimated construction cost and enters into a Servicing Agreement with the Municipality. The proposed development is to have services including but not limited to new sewer and drain connections, and new curb gutter, and sidewalk along the frontage.
Building Official
Sprinklers are required by Building Regulation Bylaw, 2017, No. 2899.
COMMITTEE RECOMMENDATIONS:
Advisory Planning Commission
This application was considered at the regular meeting of the Advisory Planning Commission (APC) held on October 18, 2022. The APC discussed the inclusion of suites in the proposed duplexes. There was support for the design, additional housing units, and density. Concerns over natural light/lack of windows, parking, suite storage and bike storage were discussed.
The Advisory Planning Commission forwarded the application for rezoning to allow Secondary Suites as a permitted use in the Zone CD-128 at 1072 and CD-129 at 1076 Colville Road [Lots 12 and 13, Block 12, Section 10, Esquimalt District, Plan 5241] to Council with a recommendation of approval with the following conditions: 1) Solve the natural light issue in the secondary suites and, 2) Provide storage, including bicycle storage, for the units and suites. Carried Unanimously.
The applicant has addressed the concerns of the Advisory Planning Commission through changes to the design. See Appendix E for a summary of the revisions.
ISSUES:
1. Rationale for Selected Option
The conditions outlined in Section 464 (2) of the Local Government Act are applicable to the two rezoning applications being presented to Council at this time. Therefore, Council can elect not to hold a public hearing. Given that the addition of a suite for each previously approved duplex unit (four suites in total) represents a relatively minor increase in gross density, and that there is a severe shortage of housing in Esquimalt, staff recommend that this application proceed without a public hearing.
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 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. The applicant has also submitted a Green Building checklist [Appendix G].
5. Communication & Engagement
As per S.467 of the Local Government Act if Council decides to not 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. Signs indicating that the property is under consideration for a change in zoning have been placed on the Colville Road frontage and would be updated to reflect that a Public Hearing will not be held.
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, and the signs on the property frontages would be updated to reflect the time and date of the Public Hearing.
ALTERNATIVES:
1. That staff be directed to provide the appropriate notifications, and that the amending bylaws be brought to Council for first, second, and third readings without holding a public hearing.
2. That Council give first and second readings to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3099 [Appendix C] and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3100 [Appendix C], and that a Public Hearing be scheduled for both these bylaws.
3. That Council defeat Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3099 [Appendix C] and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3100 [Appendix C].