File #: 20-340    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 6/29/2020 In control: Council
On agenda: 7/6/2020 Final action: 7/6/2020
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
Attachments: 1. Appendix A - Amendment Bylaw No. 3002, 2. Appendix B - Amendment Bylaw No. 2947, 3. Appendix C - Proposed subdivision of 1198 Munro Street, 4. Appendix D - Air photo, key map,zoning map excerpt, OCP Proposed Land Use Designation map excerpt

REQUEST FOR DECISION

 

DATE:                       June 29, 2020                     Report No. DEV-20-046

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.End

 

RECOMMENDATION:

 

Recommendation

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 first and second readings, and

 

2. That Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3002 and direct staff to proceed with appropriate public notification and return the bylaw to Council for consideration of 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

 

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 theComprehensive 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 Comprehensive Development District No. 114 (1198 Munro Street) CD No. 114 Zone 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 

If the public hearing is waived, land owners and occupants within 100 metres of the subject property will receive a notice in the mail indicating that the public hearing has  been waived.  In addition, a notice will be published in two consecutive editions of a local newspaper indicating that the public hearing will be waived.

 

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)                     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 first and second readings, and

 

2. That Council waive the Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3002 and direct staff to proceed with appropriate public notification and return the bylaw to Council for consideration of third reading and adoption.

 

2)                     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, not be given first and second readings.

 

3)                     That Council request receipt of additional information before making a decision.