REQUEST FOR DECISION
DATE: May 10, 2021 Report No. DEV-21-038
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 881 Craigflower Road
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3029, attached to Staff Report No. DEV-21-038 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 881 Craigflower Road [PID 006-245-196, Lot 6, Section 10, Esquimalt District, Plan 3060], shown cross hatched on Schedule ‘A’ of Bylaw No. 3029, from RM-1 [Multiple Family Residential] to CD No. 137 [Comprehensive Development District No. 137] be given first and second reading; and
2. That Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3029 and direct staff to proceed with appropriate public notification and return the bylaw to Council for consideration of third reading.
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, Amendment Bylaw No. 3029
Appendix B: Aerial Map and Zoning Map
Appendix C: Architectural Drawings and Surveyor’s Site Plan
Appendix D: Applicant’s Public Consultation Summary
Appendix E: Staff PowerPoint Presentation
PURPOSE OF APPLICATION:
The applicant is requesting a change in zoning from the current RM-1 to a Comprehensive Development District to retain the existing single-family dwelling while renovating an existing accessory building into a detached accessory dwelling unit in the rear of the property.
CONTEXT:
Applicant/Owner: Neil Andrew Baird
Designer: Victoria Design Group
Property Size: Metric: 612 m2 Imperial: 6591 ft2
Current Zone: RM-1
Existing Land Use: Single-Family Dwelling
Proposed Land Use: Single-Family Dwelling, Detached Accessory Dwelling Unit
Surrounding Land Uses:
North: Single-Family Dwelling, Multiple-Family Dwelling Apartment
South: Single-Family Dwelling
East: Single-Family Dwelling
West: Multiple-Family Dwelling Apartment
OCP ANALYSIS:
A development permit will be needed for compliance with the relevant development permit guidelines in the Official Community Plan.
ZONING ANALYSIS:
The following chart lists the floor area ratios, lot coverage, setbacks, and height of this proposed zone. Zoning Bylaw, 1992, No. 2050 does not currently contain a zone that can accommodate this proposed development.
|
|
Proposed CD Zone |
|
Total Floor Area Ratio |
0.47 |
|
Lot Coverage |
33% |
|
Setbacks: |
|
|
Front |
4.2 m |
|
Western Interior Side |
1.6 m |
|
Eastern Interior Side |
1.8 m |
|
Rear |
7.5 m |
|
Building Height |
7.3 m |
|
Off-Street Parking |
1 space |
The current zoning on the subject property is RM-1 to accommodate low-density Townhouse development; however, pursuant to Zoning Bylaw, 1992, No. 2050, 11(3), land in the RM zones may be used for Single Family and Two Family residential use. In addition, buildings with these uses shall be developed in accordance with the density, siting, size and dimension regulations in the lowest numbered Zone in which that Use is permitted. In this case, the RS-1 zone is the lowest numbered zone that allows Single Family Residential use.
The use of detached accessory dwelling unit is not permissible in this zone. Furthermore, the additional density from the detached accessory dwelling unit results in more floor area than allowed in the zone. Hence, a comprehensive development district has been proposed to allow for the additional use and density. The floor area ratio of 0.47 is higher than a typical zone for single-family dwellings with a detached accessory dwelling unit. Much of the floor area is due to a single-family dwelling that has just over 110 m2 [1189 feet2] in its lower level and 119 m2 [1285 feet2] on its upper level.
The accessory building is already constructed, and the applicant is proposing to renovate it into a detached accessory dwelling unit.
In general, the details of this zone correspond with the proposed RS-6 zone that accommodates detached accessory dwelling units.
The main differences are:
• Density, in terms of allowable floor area ratio (0.47 in the CD No. 137 compared to 0.35 in the RS-6);
• Lot Coverage (33% in the CD No. 137 compared to 30% in the RS-6);
• No requirement of the registered owner occupying either the single-family dwelling or the detached accessory dwelling unit as the owner’s permanent residence is not in this CD No. 137 zone.
PARKING ANALYSIS:
Parking Bylaw, 1992, No 2011 requires one parking space per dwelling unit. Although the driveway is long enough to accommodate two cars, tandem parking does not constitute multiple parking spaces per this bylaw. The proposed zone contains one parking space for the two dwelling units.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
Building is to be constructed to requirements of BC Building Code and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a building permit application.
Engineering Services:
Engineering staff has no concerns.
Parks:
Parks staff requires a tree cutting permit application for all trees to be removed. All trees that are to be retained, including boulevard trees, must have tree protection fencing erected at the drip line.
Fire Services:
Fire Services staff requires visible addressing for the detached accessory dwelling unit.
ISSUES:
1. Rationale for Selected Option
The addition of a detached accessory dwelling unit in this location is consistent with policies found in the Official Community Plan. This proposed CD No. 137 zone is generally consistent with the proposed RS-6 zone that accommodates a detached accessory dwelling unit. Moreover, the Advisory Planning Commission has recommended approval of this application.
The applicant has indicated a willingness to enter into a Section 219 covenant to assure Council this will not be a short-term rental, will not be subdivided, and the amenities provided for the Detached Accessory Dwelling Unit will remain in the future.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
This Request for Decision has no significant environmental implications.
5. Communication & Engagement
Signs indicating that the property is under consideration for a change in Zoning have been installed on the Esquimalt Road and Lampson Street frontage. The signs would be updated to include the date, time, and location of the public hearing, if any.
As required by the Development Application Procedures and Fees Bylaw, 2012, No. 2791, the applicant delivered notices to properties within 100 metres of the subject property soliciting comments. Staff confirms that the applicant has provided the required submissions with 5 written feedback [Appendix D].
ALTERNATIVES:
1. That Council:
1) resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3029, attached to Staff Report No. DEV-21-038 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 881 Craigflower Road [PID 006-245-196, Lot 6, Section 10, Esquimalt District, Plan 3060], shown cross hatched on Schedule ‘A’ of Bylaw No. 3029, from RM-1 [Multiple Family Residential] to CD No. 137 [Comprehensive Development District No. 137] be given first and second reading; and
2) waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3029 and direct staff to proceed with appropriate public notification and return the bylaw to Council for consideration of third reading.
2. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3029 be given first and second readings and that Council authorizes the Corporate Officer to schedule a Public Hearing, mail notices and advertise for same in the local newspaper.
3. That Council defeats Amendment Bylaw No. 3029.