REQUEST FOR DECISION
DATE: December 1, 2020 Report No. DEV-20-079
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 481 South Joffre Street
End
RECOMMENDATION:
Recommendation
That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2999, attached as Appendix A to Staff Report DEV-20-079, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 481 South Joffre Street [PID 003-150-909, Lot 4, Section 11, Esquimalt District, Plan 4729], shown cross-hatched on Schedule ‘A’ of Bylaw No. 2999, from Two Family/ Single Family Residential [RD-3] to Comprehensive Development District No. 141 [CD. No. 141], 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 RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Amendment Bylaw No. 2999 - 491 S Joffre Street - CD No.141
Appendix B: Registered Covenant
Appendix C: Subject property map, Air photo
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 the existing single family dwelling is retained and a new detached accessory dwelling unit [DADU] (“garden suite”) is added in the rear yard of the property.
Context:
Applicant: John Sorenson, J. Sorenson Design Build
Owner: Lynn Mitchell
Designer: Adapt Design
Time Line:
November 27, 2019 - Rezoning application received (staff request revisions)
Feb 7, 2020 - Revised application package received
March 11, 2020 - Neighbourhood consultation package mailed
April 21, 2020 - Advisory Planning Commission provides a recommendation
June 22, 2020 - Council granted 1st and 2nd reading to Bylaw No. 2999 and resolves to waive the public hearing
August 17, 2020 - Council granted 3rd reading to Bylaw No. 2999
November 10, 2020 - Notice of covenant registration received
ISSUES:
1. Rationale for Selected Option
The property owner has voluntarily executed and registered a Section 219 covenant on the property, acknowledging that the amenities and the restrictions are in the public interest; and thereby providing that the lands shall not be built upon or used (as appropriate to the requirement, as drafted by the Township’s solicitor at the applicant’s expense) in the absence of all of the following:
• the property will not be subdivided,
• will not be used for more than two (2) dwelling units,
• will not be used for tourist accommodation, and
• the Detached Accessory Dwelling Unit, (“garden suite”) will be provided with amenities on the site in perpetuity, including: a well lit path to the entrance; 20 metres of landscaped open space at grade (patio space); a screened garbage and recycling area; and a screened bicycle storage area.
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 owner has sited the building to minimize impact on the existing garden and retain the mature trees.
5. Communication & Engagement
Public Notification
On June 22, 2020, Council waived the holding of a Public Hearing for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2999 in accordance with Section 464(2) and 467 of the Local Government Act. The Local Government Act does not require the holding of a public hearing in relation to zoning bylaw amendments that are consistent with the municipality’s Official Community Plan.
As required by the Local Government Act and Esquimalt’s Development Application Procedures and Fees Bylaw, No. 2791, 2012, staff mailed notices to tenants and owners of properties located within 100 metres of the subject property on July 31, 2020. Notice of the Waived Public Hearing was printed in the August 6th and August 13th editions of the Victoria News and the sign (installed on the South Joffre Street frontage) indicating the property is under consideration for a change in zoning was updated to indicate the Public Hearing was waived. Council granted 3rd reading to Amendment Bylaw No. 2999 on August 17, 2020.
Applicant’s neighbourhood meeting submission
The applicant has indicated that they held a public meeting (open house) and met with neighbours on March 21, 2020 in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791.
ALTERNATIVES:
1. That Council adopt Amendment Bylaw No. 2999 attached as “Appendix A” to Staff Report No. DEV-20-079.
2. That Council defeat Amendment Bylaw No. 2999.