REQUEST FOR DECISION
DATE: December 13, 2021 Report No. DEV-21-086
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Adoption of Bylaws: Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 2979 and Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 2980
End
RECOMMENDATION:
Recommendation
That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2979 attached as Appendix ‘B’ to Staff Report DEV-21-086, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1072 Colville Road [PID 000-541-885, Lot 13, Block 12, Section 10, Esquimalt District, Plan 5241], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2979, from Single Family Residential [RS-1] to Comprehensive Development District No. 128 [CD. No. 128], be adopted.
That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2980 attached as Appendix ‘C’ to Staff Report DEV-21-086, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1076 Colville Road [PID 000-716-901, Lot 12, Block 12, Section 10, Esquimalt District, Plan 5241], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2980, from Single Family Residential [RS-1] to Comprehensive Development District No. 129 [CD. No. 129], be adopted.
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 Plan
STRATEGIC RELEVANCE:
Support community growth, housing, and development consistent with our Official Community Plan
BACKGROUND:
Appendix A: Key Map
Appendix B: Amendment to Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 2979 [1072 Colville Road]
Appendix C: Amendment to Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 2980 [1076 Colville Road]
Appendix D: Section 219 Covenant CA9422136-CA9422137 [1072 Colville Road]
Appendix E: Section 219 Covenant CA9422126-CA9422127 [1076 Colville Road]
Purpose of the Application
The applicant is requesting a change in zoning from the current RS-1 zone [Single Family Residential] to two Comprehensive Development District zones [CD-128 and CD-129] to permit a new duplex on each lot. The existing single-family dwellings must be demolished before the new duplexes are constructed. Should the rezoning be adopted, the form and character of the buildings and landscaping would be controlled by a development permit for consideration by Council at a future date.
As a condition of adoption of the Bylaws, Council required that a Section 219 Covenant be registered on the title of each lot. The Covenant prohibits suites in the duplexes. The Covenants have now been registered on each title, so Council is able to approve both Bylaws being Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2979 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2980.
Context
Applicant: Kors Development Services Inc. [Denise Kors]
Owners: Dave Kindrat and Alyssa Carlson
Property Size: Metric: 646 m2 Imperial: 6953.49 ft2
Existing Land Use: Single Family Dwelling
Surrounding Land Uses:
North: Golf Course [P-3]
South: Single Family and Two Family Residential [RS-6] [RD-1] and [RD-4]
East: Single Family Residential [RS-6]
West: Single Family Residential [RS-6]
Existing Zoning: RS-6 [Single Family Residential]
Proposed Zoning: CD [Comprehensive Development District]
Existing OCP Designation: Low Density Residential [No change required]
Chronology
Application Received: January 24, 2019
Application Reviewed by APC: June 18, 2019
Bylaws No. 2979 and No. 2980 first and second readings: November 4, 2019
Bylaws No. 2979 and No. 2980 public hearing: December 16, 2019
Bylaws No. 2979 and No. 2980 third reading: December 16, 2019
Notification of covenants registered on title received: November 1, 2021
ISSUES:
1. Rationale for Selected Option
With the registration of the covenants on title for 1072 Colville Road [PID 000-541-885, Lot 13, Block 12, Section 10, Esquimalt District, Plan 5241], and 1076 Colville Road [PID 000-716-901, Lot 12, Block 12, Section 10, Esquimalt District, Plan 5241], Council is now able to adopt both bylaws being Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2979 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2980.
2. Organizational Implications
There are no organizational implications associated with the adoption of both bylaws.
3. Financial Implications
There are no significant financial implications associated with the adoption of both bylaws.
4. Sustainability & Environmental Implications
The adoption of both bylaws will allow for the development of missing middle housing which is associated with better sustainability and environmental outcomes when compared to single detached dwellings.
5. Communication & Engagement
A public hearing was held on December 16, 2019; no further public input is allowed after the adjournment of a public hearing.
ALTERNATIVES:
1) That Council adopts both Bylaws being, Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2979 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2980.
2) That Council defeats both Bylaws being, Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2979 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2980.