REQUEST FOR DECISION
DATE: September 25, 2019 Report No. DEV-19-087
TO: Laurie Hurst, Chief Administrative Officer
FROM: Janany Nagulan, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Zoning Text Amendment - 1182 Colville Road - Unit 15
End
RECOMMENDATION:
That Council resolves that Bylaw No. 2977 [Appendix A], which would amend Zoning Bylaw, 1992, No. 2050, Comprehensive Development District No. 57, located at 1182 Colville Road [PID 026-875-683, Strata Lot 15, Section 10, Esquimalt District Strata Plan VIS6147 Together With An Interest In The Common Property In Proportion to the Unit Entitlement of the Strata Lot As Shown On Form V] by amending the zoning regulations to add and extend the Permitted Uses for the subject property, be given third reading and adoption.
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:
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. 2977 - Bylaw to Amend Zoning Bylaw 1992, No. 2050
Appendix B: Maps, CD No. 57 Zone
Appendix C: Applicants Letters and Neighbourhood Meeting Feedback
Appendix D: Public Comments
Appendix E: Mailed Notice
Purpose of the Application
The applicants are requesting a zoning text amendment to Comprehensive Development District No.57. The amendment would add and extend the Permitted Uses for “Unit 15”, the existing mixed commercial/residential building. The applicants are proposing to operate a ‘Group Children’s Daycare’ on the first storey of the building. Initially the ‘Arts and Wellness Teaching Centre’ will also operate out of this space but at different times. The residential unit will remain for now and eventually, the ‘Arts and Wellness Teaching Centre’ may relocate to the second storey. The result of this proposed amendment would allow the existing mixed commercial/residential building to operate exclusively as a commercial unit.
Context
Applicant/ Owners: Heather Bowness [Boulding] / Elyssa Lefurgey-Smith
Existing Land Use: Art and Wellness Teaching Centre with Dwelling Unit above
Floor Area: Metric: 182 m2 Imperial: 1959 ft2
Surrounding Land Uses:
North: Single Family and Multiple Family Residential [part of CD-57]
South: Single Family Residential [zoned RS-1]
West: DND (ball fields) [zoned P-1]
East: Single Family Residential [part of CD-57]
Existing Zoning: Comprehensive Development District No. 57
Proposed Zoning: Comprehensive Development District No. 57 with amended text
Present Land Use Designation: Neighbourhood Commercial Mixed-Use [No change required]
Zoning
The subject property is located within Comprehensive Development District No.57. The zone was created in 2006 to allow for the consolidation of two properties and the construction of 15 single family residences with one containing a convenience store. In July 2018, a zoning text amendment was made to permit alternate commercial uses within the zone including Arts and Wellness Teaching Centre, Business and Professional Office, Personal Service Establishment and Retail Store. Currently, there is a residential dwelling unit on the second storey and Arts and Wellness Teaching Centre on the first storey.
The proposed amendment would extend the existing uses permitted in the commercial portion of the building to the entire building. The applicants have requested that the mixed commercial/ residential use be retained and the use “Group Children’s Day Care Centre” be added to the Permitted Uses for the subject property within the zone.
Parking
Comprehensive Development District No.57 outlines that 3 parking spaces shall be provided for a Combined Commercial/Residential Dwelling Unit. Currently there are two onsite parking spaces for the commercial unit and one for the residential unit. The zoning text amendment would allocate 3 parking spaces specifically for “Unit 15”. In addition there are two parking spaces directly in front of the building allowing for 15 minute parking.
The minimum number of parking spaces required varies based on use. If “Unit 15” is to be used exclusively as commercial unit, an average calculation based on Parking Bylaw No. 1992, No.2011 would require that “Unit 15” have 7 parking spaces.
Official Community Plan
The ‘Present’ and the ‘Proposed’ Land used Designation of the subject property is Neighbourhood Commercial Mixed-Use. The objective of Section 6.4 Neighbourhood Commercial Mixed Use is “to encourage the development of a series of neighbourhood commercial mixed-use nodes throughout Esquimalt that will primarily serve the daily needs of the surrounding neighbourhood but may also include destination uses.”
Comments from the Advisory Planning Commission [APC]
At its regular meeting held July 16, 2019 the APC recommended that the application for a Zoning Text Amendment, authorizing the additional use of “Group Children’s Day Care Centre” to the existing commercial unit and authorizing that commercial uses be extended to the existing residential unit allowing for one combined residential/ commercial dwelling or one commercial unit at 1182 Colville Road [Unit 15] be forwarded to Council with a recommendation to approve; as it would be positive for the neighbourhood.
ISSUES:
1. Rationale for Selected Option
The uses being added are complementary to the existing uses permitted within the zone. The APC has recommended approval of the zoning text amendment application.
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 is a rezoning application, notices were mailed to tenants and owners of properties located within 100 metres (328ft) of the subject property on September 17, 2019 [Appendix E]. Notices of the Public Hearing were placed in the September 20th and September 25th, 2019, edition of the Victoria News. A sign indicating that the property is under consideration for a change in zoning has been placed on the property since July 2019, and has been updated to include the date, time and location of the Public Hearing.
The applicants held a Neighbourhood Meeting [Appendix C] on July 18, 2019, in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2018, No. 2971.
ALTERNATIVES:
1. Council, upon considering comments made at the Public Hearing, resolves that Amendment Bylaw No. 2977 be given third reading and adoption.
2. Council postpone consideration of Amendment Bylaw No. 2977 pending receipt of additional information. [Note that receipt of new information from the applicant or the public may require a new Public Hearing.]
3. Council defeats Amendment Bylaw No. 2977.