File #: 19-243    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 5/21/2019 In control: Council
On agenda: 5/27/2019 Final action: 5/27/2019
Title: Rezoning Application - 1198 Munro Street
Attachments: 1. Appendix A - Bylaw 2947 – Amend Zoning Bylaw 2050, 2. Appendix B - Section 219 Covenant

REQUEST FOR DECISION

 

DATE:                       May 22, 2019                     Report No. DEV-19-046

TO:                       Laurie Hurst, Chief Administrative Officer                                           

FROM:                      Janany Nagulan, Planner and Bill Brown, Director of Development Services

SUBJECT:

 

Title

Rezoning Application - 1198 Munro StreetEnd

 

RECOMMENDATION:

 

Recommendation

That Council resolves that Bylaw No. 2947  [Appendix A], which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1198 Munro Street [PID 005-455-031, Lot 1, Section 11, Esquimalt District, Plan 44436] from RD- 3 [Two Family/Single Family Residential] to CD. No. 114 [Comprehensive District No. 114] be adopted.

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

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: Bylaw No. 2947 - Bylaw to Amend Zoning Bylaw, 1992, No. 2050

Appendix B: Registered Section 219 Covenant

 

Purpose of the Application

The applicant is requesting a change in zoning from the current RD-3 zone [Two Family/Single Family Residential] to Comprehensive Development District No. 114 [CD No. 114] to enable an additional house on the property. The existing house on the property will not be removed; however the existing garage will be removed to construct a new single family dwelling with a rooftop deck.

 

A public hearing was held on January 21, 2019.  Following the public hearing Council gave the Bylaw third reading.  As a condition of adoption, the applicant was required to enter into a Section 219 Covenant [Appendix B] that prohibits secondary suites in the new house and requires that the parcel not be subdivided other than to create two fee simple lots as per the zoning. The Covenant has been registered on title fulfilling the condition precedent for adoption.  Council is now in a position to adopt the Bylaw.

 

Context

Applicants: Duane Ensing

Owners: Karen and Byron Rotgans

Property Size:  Metric:  958m2                         Imperial:  10311.8 ft2

Existing Land Use:                     Single Family Dwelling

Surrounding Land Uses:

North: Single Family Residential

South: Single Family Residential

West: Single Family Residential

East: Charitable Organization Office & Park

Existing Zoning: RD-3 [Two Family/Single Family Residential]

Proposed Zoning: CD No. 114 [Comprehensive Development District No. 114]

Existing OCP Designation:                     Low Density Residential [No change required]

 

ISSUES: 

 

1.  Rationale for Selected Option

                     The property owners have voluntarily executed and registered a Section 219 Covenant on the property, to ensure lands are in general compliance with the subdivision plans and architectural plans.

                     The Advisory Planning Commission has recommended approval of this application.

                     This proposal complies with the Official Community Plan policies and guidelines for infill housing.

 

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 proposal before Council would result in a denser urban environment which is generally associated with reduced greenhouse gas emissions. The livability of a development and the neighbourhood contributes to the social and economic sustainability of the community. 

 

5.  Communication & Engagement 

As this is a rezoning application, notices were mailed to tenants and owners of properties located within 100 metres (328 ft.) of the subject property on January 8, 2019. Notice of the Public Hearing was placed in the January 11, 2019, and January 16, 2019 editions of the Victoria News. Three signs indicating that the property is under consideration for a change in zoning have been installed on the property since September 2018. These signs have been updated to include the date, time, and location of the Public Hearing.

 

The applicant held two Neighbourhood Meetings. The first was held prior to the submission of the application on August 8, 2018. The second was held on November  21, 2018 in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2018,  No. 2971.

 

ALTERNATIVES:

 

1. That Council resolves that Amendment Bylaw No. 2947 [Appendix A] be adopted.

 

2. Council rescinds third reading and directs staff to amend Amendment Bylaw No. 2947 [Appendix A] and return the Bylaw to Council for further consideration, following a new Public Hearing.