REQUEST FOR DECISION
DATE: June 29, 2020 Report No. DEV-20-039
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Variance Permit - 955 Colville Road
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Variance Permit No. DVP00105 [Appendix A of staff report DEV-2-039] authorizing changes to the retaining walls in the south-west corner of the subject property, as sited on the survey plan prepared by Summit Land Surveying, the Engineering drawings by Farhill Engineering Ltd., and consistent with the architectural plans provided by T-Square Design, all stamped “Received June, 3, 2020” and including the following relaxations to Zoning Bylaw 1992, No. 2050, be approved, and staff be directed to issue the permit and register the notice on the title of the property located at 955 Colville Road [PID 030-922-852; Lot A, Section 10, Esquimalt District, Plan EPP96394]’’:
Vary Section 22 (2) Fences and Retaining Walls: To reduce the required height to horizontal separation ratio to allow the 1.5 metre walls to exist less than 3 metres apart [i.e. from 1:2 ratio to 1:0.40].
Vary Section 67.99 (12)(a) Retaining Walls: Allow a 0.5 metre increase to the permitted height of a retaining wall, provided they are located within 4.3 metres of the Rear Lot Line [i.e. from 1.5 metres to 2.0 metres].
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RELEVANT POLICY:
Declaration of Climate Emergency
Local Government Act
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
STRATEGIC RELEVANCE:
This Request for Decision supports the following specific strategic objective:
Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: DVP00105 - 955 Colville Road - retaining walls
Appendix B: Property Map, Air Photo, CD-112
Appendix C: Site Plan, approved plan, and proposed plans
Purpose of Application:
The applicant is requesting a variance to allow additional height and reduced separation for retaining walls located in the south-west corner of the property. The retaining walls are below the level of Lampson Street and provide for the difference in height between the finished grade of the new townhouses that are currently under construction, and the grade at Lampson Street and the private property to the south.
Context:
Applicant: Ryan Jabs, Lapis Homes Ltd.
Owners: Dave Stephens, LIDA Developments
Property Size: Metric: 1997 m2 Imperial: 21495 ft2
Existing Land Use: 10 Townhouses under construction
Surrounding Land Uses:
North: Two Family Residential [RD-3]
South: Townhouse Residential [RM-2]
West: Two Family Residential [RD-1]
East: Single Family Residential [recently rezoned for 6 townhouses]
Zoning: Comprehensive Development District No. 112 [CD No. 112]
Zoning Analysis:
Comprehensive Development District No. 112 was written to accommodate retaining walls of up to 1.5 metres in the south-west corner of this property. During construction it became apparent that a larger retaining wall will be required. The walls will be located below the grade of Lampson Street and the property to the south. One variance allows for retaining walls up to 2.0 metres high from the base of the wall, for a variance of up to 0.5 metres. A second variance relaxes the height to horizontal separation ratio, allowing the retaining walls to be less than the 3.0 metres apart, as required by the zoning bylaw. The new retaining walls have been designed with planters at their base, so the full height will not be visible from the townhouse project site.
Comments from the Advisory Planning Commission:
This application was considered at the regular meeting of the Advisory Planning Commission [APC] held on June 16, 2020. The APC members supported this application and recommended the following:
That the application for a Development Variance Permit authorizing an increase to the height of the retaining wall in the south-west corner be forwarded to Council with a recommendation by the Advisory Planning Commission to approve as the retaining wall is appropriate to the land use and will only be visible by those visiting the townhouse complex and not from Lampson Street.
Note: After the APC meeting it was discovered that the retaining walls will also be closer together than the required one to two height to horizontal ratio, so a second variance has been written.
Time Line:
June, 3, 2020 - DVP application received by Township staff
June 16, 2020 - Advisory Planning Commission provided a recommendation to Council
ISSUES:
1. Rationale for Selected Option
The retaining walls are located below the grade of Lampson Street and the neighbouring property to the south so will not impact the public realm or the neighbours enjoyment of their property. The walls are required to make the townhouse site function as designed. The Advisory Planning Commission has recommended approval.
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
This Request for Decision has no sustainability & environmental implications.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on June 22, 2020 indicating that Council would be considering the requested Development Variance Permit on July 6, 2020. To date, the Development Services Department has received no comments as a result of these notifications.
ALTERNATIVES:
1. That Council resolves that Development Variance Permit No. DVP00105 [Appendix A] be approved, and staff be directed to issue the permit and register the notice on the title of the property located at 955 Colville Road [PID 030-922-852; Lot A, Section 10, Esquimalt District, Plan EPP96394].
2. That Council resolves that Development Variance Permit No. DVP00105 [Appendix A] be denied with reasons.