REQUEST FOR DECISION
DATE: June 5, 2020 Report No. DEV-20-034
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application for 916 and 920 Old Esquimalt Road - Adoption of Amendment Bylaw No. 2948
End
RECOMMENDATION:
Recommendation
That Council resolves that Amendment Bylaw No. 2948, attached as Appendix A to Staff Report DEV-20-034, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of PID 003-446-093, Lot C, Section 11, Esquimalt District, Plan 21636 [916 Old Esquimalt Road] and PID 003-446-395, Lot D, Section 11, Esquimalt District, Plan 21636 [920 Old Esquimalt Road] shown cross hatched on Schedule ‘A’ of Bylaw No. 2948, from RD-3 [Two Family/Single Family Residential] to CD No. 115 [Comprehensive Development District No. 115], be adopted.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No 2050
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
Local Government Act
STRATEGIC RELEVANCE:
This Request for Decision relates to the strategic priority to support community growth, housing and development consistent with the Township’s OCP.
BACKGROUND:
Purpose of the Application
The applicant is requesting a change in zoning from Two Family/Single Family Residential [RD-3] to a Comprehensive Development District, to create a development where five new single family dwellings would be constructed on five new lots and where the existing two homes would be demolished.
Timeline
July 17, 2018 - Advisory Planning Commission
March 4, 2019 - Council - First Reading
June 10, 2019 - Council - Second Reading (as Amended)
July 2, 2019: Public Hearing Mail Notices sent to tenants and owners of property located within 100m of the subject property and sign on frontage of property updated
July 5, 2019 and July 15, 2019: Victoria News advertisements run detailing proposal and date, time and location of Public Hearing
July 15, 2019 - Council - Amendment Bylaw No. 2948 presented to Council for Public Hearing and subsequently given Third Reading
June 1, 2020, Section 219 Covenant registered on title [Appendix B].
Context
Applicant / Designer: Rus Collins, Zebra Design
Owners: A.H. Winter & Son Construction Ltd. (Inc. No. BC0899153) - 916 Old Esquimalt Road
Lazy R/H Ranch Ltd. - 920 Old Esquimalt Road
Property Size: 916 Old Esquimalt Rd.: Metric: 891 m2
920 Old Esquimalt Rd.: Metric: 891 m2
Total: 1782 m2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Two Family Residential
South: School Playing Fields
West: Single Family Residential
East: Two Family Residential
Existing Zoning: Two Family/Single Family Residential [RD-3]
Proposed Zoning: Comprehensive Development District No. 115 [CD No. 115]
Existing OCP Designations: Present: Low Density Residential
Proposed: Townhouse Residential
Appendices
Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2948
Appendix B: Title Search showing registration of the covenant and Registered Section 219 Covenant; and
Appendix C: BCLS Site Plan, Architectural Drawings, BCLS Site Plan, Landscape Plan.
ISSUES:
1. Rationale for Selected Option
On July 15, 2019 Council gave third reading to Bylaw No. 2948 subject to the developer voluntarily entering into and registering on title a Section 219 Covenant that would ensure a prohibition on secondary suites within all five homes, an electric vehicle charging station in each garage, provision of a transit pass to residents of the homes for not less than one year, relocation of the municipal fire hydrant, buildings to meet a minimum BC Building Code Step 1, and a commitment to subdivide as proposed. The covenant was registered on title of both parcels on June 1, 2020. A copy of the title and 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 significant financial implications.
4. Sustainability & Environmental Implications
These issues were dealt with at the public hearing.
5. Communication & Engagement
The statutory pubic hearing has been adjourned; therefore, there can be no further community engagement on this matter.
ALTERNATIVES:
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2948, attached as Schedule A to Staff Report DEV-20-034 be adopted.
2. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2948 attached as Schedule A to Staff Report DEV-20-034 be defeated.