REQUEST FOR DECISION
DATE: August 11, 2020 Report No. DEV-20-056
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Text amendment to the Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114 Zone in order to delete Section 67.100 (4) being the density provisions section.End
RECOMMENDATION:
Recommendation
That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3002” (Appendix “A”), as attached to Staff Report DEV-20-056, which would delete Section 67.100 (4) of the Zoning Bylaw, 1992, No. 2050, be given third reading and adoption.
Body
RELEVANT POLICY:
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
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
STRATEGIC RELEVANCE:
The proposed deletion of Section 67.100 (4) of Zoning Bylaw, 1992, No. 2050 does not directly support any of the goals or objectives in the Strategic Plan
BACKGROUND:
Appendix “A”- Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3002.
Appendix “B” - Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2947.
Appendix “C” - Proposed plan of subdivision.
Appendix “D” - Air photo, key map, zoning map excerpt, OCP map excerpt of proposed land use designations.
Chronology:
Application received: June 5, 2020
Application reviewed by the Advisory Planning Commission: June 16, 2020
Bylaw No. 3002 receives first and second reading: July 6, 2020
Council waives the public hearing: July 6, 2020
Purpose of Application:
On May 27, 2019, Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2947 which amended the Zoning Bylaw to created a site specific zone; namely “Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114” (Appendix “B”). This Zone allowed for the creation of two lots through subdivision from a single parent lot (Appendix “C”) for the property located at 1198 Munro Street (Appendix “D”). Section (4) of the “Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114” Zone states that:
(4) Density
The number of Dwelling Units permitted on Lot 1, Section 11, Esquimalt District Plan 44436 and in this CD No. 114 Zone shall be limited two [2], for a minimum density of one [1] unit per 357 square metres.
In this situation, this section is both confusing and unnecessary. In addition, it does not reflect the fact that there is a legal suite in the current detached dwelling on the property, both of which will remain after the subdivision of the parent lot (Appendix “C”). Therefore, as per the current zoning, the property has already reached its maximum density of two Dwelling Units which is not the intent of the Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114 Zone. The proposed subdivision would create a lot (Lot B Plan EPP93840) that could not be developed because the maximum density in the Zone has been reached. And while regulating “density” is a legitimate purpose of zoning - in this case - there is no need for a density provision since the Zoning Bylaw only allows one principal single detached dwelling on each proposed lot and a suite in the existing single detached dwelling. Density is defacto regulated by the permitted uses and the fact that there can only be one principal building on each lot.
Context
Applicant: Byron and Karen Rotgans
Owner: Byron and Karen Rotgans
Property Size: 958 m2
OCP Land Use Designation:
Current: Low Density Residential
Proposed: No change
Zoning:
Existing Zone: Comprehensive Development District No 14 (1198 Munro Street) CD No. 114
Proposed Zone: No change
Surrounding Land Uses:
North: Single Family Residential [RS-1]
South: Single Family Residential [RD-3]
East: Single Family Residential RD-3l
West: Charitable Organization Office & Park [P-2]
OCP Analysis:
This proposal is consistent with the ‘Present’ and ‘Proposed’ Land Use Designations applied to the subject property, namely “Low Density Residential”.
The following policies were considered in evaluating this rezoning application:
Section 5 Housing & Residential Land Use
Objective: Support the 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 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.
Section 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.
Zoning Analysis:
The proposed deletion of the density provisions in the Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114 Zone would make the Zone far easier to interpret.
Parking Analysis
The proposed development meets the requirements of the Parking Bylaw, 1992, No. 2011.
Comments from the Advisory Planning Commission:
The Advisory Planning Commission reviewed the application to amend the Zoning Bylaw at their June 16, 2020 regular meeting. At that time staff were proposing to amend Section 67.100 (4) to make it consistent with the intention of the Zone, however, after discussions with legal counsel, it was decided that it would be better just to delete the section in its entirety. The Commission unanimously supported the amending of the density section since it is correcting an oversight and made no change to what was proposed by the original rezoning application
ISSUES:
1. Rationale for Selected Option
Due to an oversight, the existing density section does not reflect the intent of the Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114 Zone. Rather than make a complicated and confusing amendment to the section, it is easier just to delete the section in its entirety. This does not have any impact on the intent of the Zone.
2. Organizational Implications
There are not organizational implications.
3. Financial Implications
There are no significant financial implications.
4. Sustainability & Environmental Implications
There are not sustainability or environmental implications.
5. Communication & Engagement
Notices were sent to land owners and occupants within 100 metres of the subject property. In addition, a notice was published in the August 6 and August 13, 2020 editions of the Victoria News indicating that the public hearing has been waived.
It should be noted that, during the public hearing for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2947 being the Bylaw that created the CD No. 114 Zone; all three speakers supported the proposed Bylaw.”
ALTERNATIVES:
1) That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3002” [Appendix “A”], as attached to Staff Report DEV-20-046, which would delete Section 67.100 (4) of the Zoning Bylaw, 1992, No. 2050, be given third reading and adoption.
2) That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3002” [Appendix “A”], as attached to Staff Report DEV-20-046, which would delete Section 67.100 (4) of the Zoning Bylaw, 1992, No. 2050, not be given third reading.
3) That Council request receipt of additional information before making a decision.