REQUEST FOR DECISION
DATE: August 12, 2020 Report No. DEV-20-054
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
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2999, attached as Appendix A to Staff Report DEV-20-054, 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 given third reading; and
2. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-20-054, the applicant has voluntarily agreed to register a Section 219 Covenant on the title of 481 South Joffre Street [PID 003-150-909, Lot 4, Section 11, Esquimalt District, Plan 4729] in favour of the Township of Esquimalt providing the lands shall not be subdivided, 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:
• this will not be used for tourist accommodation
• the property will not be subdivided, and
• the DADU, (“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.
To this end, Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 2999 to Council for consideration of adoption.
Body
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:
Healthy, Livable and Diverse Community - Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Bylaw No. 2999 - 491 S Joffre Street - CD No.141 - DADU
Appendix B: Subject property map, Air photo, Current zone RD-3, Notice & Ad.
Appendix C: Proposed DADU Regulatory Framework - COTW March 9, 2020
Appendix D: Applicant’s Letter, Green Checklist, Arborist’s Report
Appendix E: BCLS Site plan, Building plans
Appendix F: Applicant’s neighbourhood consultation - Feb 2020
Appendix G: Applicant’s presentation - Council August 17
Appendix H: Staff presentation - 481 South Joffre St - August 17 - 3rd reading
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.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 3 - Enhanced Design Control Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation, of the Esquimalt Official Community Plan Bylaw, 2018, No. 2922. Should this rezoning application be approved, a Development Permit would be required to ensure that the application is generally consistent with the Development Permit Area guidelines, before a building permit could be issued for the construction of a structure.
Evaluation of this application should focus on issues relevant to zoning such as the appropriateness of the proposed uses, height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, parking, how the building relates to adjacent and surrounding sites and whether the proposal is generally appropriate and consistent with the overall direction contained within the Official Community Plan.
Context:
Applicant: John Sorenson, J. Sorenson Design Build
Owner: Lynn Mitchell
Designer: Adapt Design
Property Size: Metric: 682.3 m2 Imperial: 7344.2 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
West: Single Family Residential
East: Multiple Family Residential
Existing Zoning: Two Family/ Single Family Residential [RD-3]
Proposed Zoning: CD [Comprehensive Development District]
Existing OCP Designation: Low Density Residential [No change proposed]
Official Community Plan (OCP) Analysis:
The proposed development for a single family dwelling and DADU is consistent with the Present and the Proposed Land Use Designations of ‘Low Density Residential’; therefore an amendment to the OCP is not necessary. The following OCP objectives and policies can be useful in evaluating this proposal.
OCP Section 5.1 General: Anticipated Housing Needs in the Next Five Years
OBJECTIVE: Support 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 inclusion of secondary suites within present and proposed low density residential land use designated areas.
• Policy - Support the inclusion of detached accessory dwelling units on appropriate low density residential land use designated areas where only one principal dwelling unit exists.
• 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.
• Policy - Encourage the development of rental accommodation designed for a variety of demographic household types, including young families.
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.
• Policy - Consider the inclusion of secondary suites in infill developments where it is demonstrated that neighbourhood impacts can be mitigated.
• Policy - Support the inclusion of detached accessory dwelling units on appropriate low density residential land use designated areas where only one principal dwelling unit exists.
Zoning Analysis:
Esquimalt currently does not have any regulations for DADU’s. A staff report was presented to the Esquimalt Committee of the Whole on March 9, 2020 that suggested some possible future regulations [Appendix C]. These proposed regulations are provided for comparison, are primarily based on regulations found in neighbouring municipalities, and still require further evaluation.
The subject property is a fairly large lot where the current zoning allows a two family dwelling to be constructed. The owner is willing to forgo the opportunity to build the two family dwelling in favour of a smaller dwelling unit in the rear yard. The proposed Comprehensive Development District zone contains the following uses: single family residential, detached accessory dwelling unit [DADU], home occupation, and urban hens.
F.A.R., Lot Coverage, Siting, Setbacks, etc.: The table on the following page compares the requirements of the current zone, RD-3 [Two Family /Single Family Residential], with the proposed CD zone. Note: Accessory building requirements are different than the DADU requirements and are shown in brackets.
The existing house is 90 m2 (970 ft2) and the proposed accessory dwelling unit is 70 m2. Floor Area Ratio measures the size of a building (or for all buildings on a lot) as a ratio of the size of the lot on which the building(s) sit. The proposed FAR at 0.35 is similar to the permitted FAR in the RD-3 zone. Many of the single-unit infill developments in Esquimalt have been built with a FAR close to 0.35.
The existing home does not have a secondary suite and one is not proposed for this application, but some jurisdictions do allow both detached accessory dwelling units and secondary suites on a single parcel. The proposed DADU (“garden suite”) is two storeys with the second storey built into the roofline. In many jurisdictions DADU’s are restricted to a single storey with a height similar to an accessory building. The proposed siting for the DADU complies with the RD-3 accessory building siting, but specific siting regulations are provided in the amending bylaw.
Parking Analysis:
Parking Bylaw 1992, No. 2011, requires one parking space per dwelling unit, and that in residential zones the parking spaces shall be located no closer to the front lot line than the front face of the principal building, with an exception for buildings built prior to September 1957. Currently the plans show one parking space behind the front face of the principal building, and a potential second parking space could be reclaimed in the front yard. The location in the front yard was previously a parking space and is currently a patio. Amendment Bylaw No. 2999 [CD No.141] has been written to meet the requirements of Parking Bylaw 1992, No. 2011.
Comments from Other Departments:
The plans for this proposal were circulated to other departments and the following comments were received by the submission deadline:
Community Safety Services (Building Inspection): Project will be subject to review for current BC Building Code and municipal bylaw compliance at the time of a Building Permit application.
Engineering Services: Engineering staff have completed a preliminary evaluation of the Works and Services that would be required for the proposed development. According to Subdivision and Development Control Bylaw, 1997, No. 2175, including all schedules, the developer may be required to provide all works and services up to the road centre line. Staff confirms that the design appears achievable on the site and that new drain and sewage services maybe required for both buildings. The applicant is responsible for retaining the services of a qualified professional for the design and construction supervision of all works and services, including construction costs, engineering fees, administrative costs and contingency allowance, as indicated in Bylaw 2175. Additional comments provided when detailed engineering drawings submitted.
Parks Services: Tree protection fencing will need to be erected at the dripline for all trees, and possibly the neighbour’s trees. Tree cutting permits are required for all trees that may be removed.
Fire Services: Please ensure suite address is visible from the street.
Comments from the Advisory Planning Commission:
This application was considered at the regular meeting of the Advisory Planning Commission [APC] held on April 21, 2020. The APC members supported this application and recommended the following:
That the application for rezoning, authorizing a new detached accessory dwelling unit [DADU] (“garden suite”), to be constructed behind the existing single family dwelling, be forwarded to Council with a recommendation to approve as the proposal is an appropriate form of infill development.
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 3003 and resolves to waive the public hearing
ISSUES:
1. Rationale for Selected Option
The addition of a two bedroom dwelling unit in this location is consistent with policies found in the Official Community Plan, providing family housing that is sensitive to the existing neighbourhood with high quality design. The Advisory Planning Commission has recommended approval of this proposal.
The applicant has indicated a willingness to enter into a Section 219 covenant to assure Council this will not be a short-term rental, will not be subdivided, and the amenities provided for the DADU (“garden suite”) will remain in the future.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
The applicant has completed the Green Building Checklist [Appendix D].
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 [Appendix B]. Notice of the Waived Public Hearing was printed in the August 6th and August 13th editions of the Victoria News and the sign indicating the property is under consideration for a change in zoning that has been installed on the South Joffre frontage was updated to indicate the Public Hearing was waived and Council would be considering 3rd reading of Bylaw No. 2999 on August 17, 2020. At this time Development Services staff have not received any comments from the public regarding the proposed rezoning application, as a result of this advertising.
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 [Appendix F].
ALTERNATIVES:
1. Council read Amendment Bylaw No. 2999 a third time and direct staff and legal counsel to coordinate with the property owner to register a Section. 219 covenant prior to returning Bylaw No. 2999 for consideration of adoption.
2. Council postpone consideration of Bylaw No. 2999 pending receipt of additional information.
3. Council defeat Amendment Bylaw No. 2999.