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DocumentsStaff ReportAug 15, 2016Pages 15–21

Staff Report to PZAH – Application to Rezone 967A Isabell Avenue (Z16-0004)

Planning staff report recommending rezoning 967A Isabell Ave (Z16-0004) from R2 to RS3 to permit five fee-simple single-family lots, with recommended conditions.

Key facts

  • Applicant: Thomas J. Leahy; Owners: Paul and Kashmir Kler
  • Civic address: 967A Isabell Avenue; Size: 1,922.4 m²
  • Proposed minimum lot sizes: ~220 m² to 319 m²
  • Amenity contributions per new lot: $3,960 (General Amenity) and $660 (Affordable Housing)
  • Estimated DCCs and related charges total approx. $60,483.59 (estimate)

Staff Report to Planning, Zoning and Affordable Housing Committee

Date: June 13, 2016
Department: Planning
Application No.: Z16-0004

Subject: Application to Rezone 967A Isabell Avenue from R2 to RS3 to allow for a 5 fee simple lots

PURPOSE

Thomas J. Leahy has applied on behalf of Paul and Kashmir Kler to rezone 967A Isabell Avenue from R2 to RS3 to allow for the development of five single-family fee simple lots.

Page 15–21

BACKGROUND

PREVIOUS APPLICATIONS

There are no previous applications for this property.

Table 1: Site Data

Item Detail
Applicant Thomas J. Leahy
Owner Paul and Kashmir Kler
Civic Address 967A Isabell Avenue
Legal Description LOT 9, SECTION 84, ESQUIMALT DISTRICT, PLAN 22027
Size of Property 1922.4 m2
DP Areas Drainage Concern
Zoning Existing: R2
Proposed: RS3
OCP Designation Existing: Neighbourhood
Proposed: Neighbourhood
Page 15–21

SITE AND SURROUNDING AREA

The subject property currently has an existing one-family dwelling located along the street frontage. The property is primarily flat with very little tree cover with the exception of a large tree in the northeast corner of the property (which is planned to be retained) and a small section along the western interior lot line.

It should be noted that the neighbouring property to the east was rezoned in 2012 from R2 to RS3 to allow for the creation of seven small lots along a strata access road including a two-point turnaround. To the southwest there was another small lot rezoning completed in 2010 to allow for eight RS3 lots along Walfred Road. The surrounding neighbourhood has many other small lot subdivisions interspersed between one-and two-family dwellings.

Table 2: Surrounding Land Uses

Zoning Use
North: R2 Duplexes and single family dwellings
East: RS3 Small residential lots
South: RS3 Small residential lots
West: R2 Single family dwellings
Page 15–21

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN

The Official Community (OCP) Bylaw No. 1200 designated the property as “Neighbourhood”, meaning:

  • Existing settled areas throughout the community predominantly located on the valley floor.
  • Predominantly residential precinct that supports a range of low and medium density housing choices including secondary suites
  • This area allows for residential and mixed use commercial intensification of streets that connect centres and/or are serviced by transit
  • Schools, community facilities and other institutional uses are permitted throughout the area
  • Retail serving local residents is encouraged along transportation corridors
  • Home-based businesses, live-work housing is encouraged
  • Parks, open spaces and recreational facilities are integrated throughout the area
  • This area allows for Neighbourhood Centres to emerge in the form of medium density mixed-use nodes at key intersections.
  • Transit stops are located where appropriate

COMPLIANCE WITH THE OCP

The additional units will increase the density of the subject property, which is in line with the OCP. The proposed density is suitable for the area as it lies close to, but not within, the Neighbourhood Centre area.

Page 15–21

SOUTH LANGFORD NEIGHBOURHOOD PLAN

The South Langford Neighbourhood Plan (SLNP) designates the subject property as ‘Urban Residential’:
‘Applies to areas where the availability of municipal services allows for a variety of residential development that is more intensive than suburban residential, and that may include single-family residential dwellings without secondary suites, townhousing, and attached housing. A maximum density of one unit per 200 m2 (2152.85 ft2) is applicable’.

Based on the surrounding area, the proposal fits well within this designation as the developer is proposing lot sizes between 220m2 and 319m2. The addition of small lots increases the overall density of the property, while fitting in with the neighbourhood, which consists of small and regular sized single-family lots.

Page 15–21

DEVELOPMENT PERMIT AREAS

The subject property is located in the Drainage Concern development permit area, with approximately 90% of the property encompassed in the permit area. Prior to any alteration of land, the applicant will need to obtain a development permit in regards to this permit area which will outline any requirements stemming from a professional consultant’s review of the site.

A Form and Character Development Permit will also be required as per Bylaw No. 1200 which is required for all small lot subdivisions creating more than three lots.

Page 15–21

COMMENTS

DEVELOPMENT PROPOSAL

The applicant wishes to rezone the property to the RS3 (Residential Small Lot 3) zone to allow for five single-family fee simple lots.

The proposal consists of a dedicated road running along the west side of the property. The road is proposed to be designed to a modified Bylaw No. 1000 cross section R18, however only an 8 m wide section is proposed which will need to be proved to contain all necessary services. If the 8 m cannot contain the necessary services, the road dedication will need to be widened to accommodate those services. This will allow for the possibility that the four properties on Happy Valley Road abutting 967A Isabell Ave could potentially rezone and subdivide to a similar layout of small lots and would be responsible for dedicating road to complete the full cross section.

A two-point turnaround is proposed at the end of the road, close to the rear of the property and a variance has been applied for.

Table 3: Proposal Data

Permitted by R2 (Current Zoning) Permitted by RS3 (Proposed Zoning)
Permitted Use: One- and Two- Family Dwellings; Secondary Suites in a One-Family Dwelling Permitted Use: One family dwellings. Suites allowed only on lots greater than 550 m2. Two family dwellings permitted on lots greater than 835 m2 (no suites)
Density (FAR and/or min. lot size): 550 m2 minimum lot size Density (FAR and/or min. lot size): 220 m2 minimum lot size
Height: 9 m Height: 8.5 m
Site Coverage: 35% or 50% of the lot is less than 550 m2 Site Coverage: 50%
Front Yard Setback: 6 m Front Yard Setback: 3 m
Interior Side Yard Setback: 1.5 m Interior Side Yard Setback: 1.2 m
Exterior Side Yard Setback: 4.5 m Exterior Side Yard Setback: 3.5 m
Rear Yard Setback: 6 m Rear Yard Setback: 5.5 m
Parking Requirement: 2 spaces per principle dwelling unit plus an additional parking space per secondary suite Parking Requirement: 2 spaces per principle dwelling

VARIANCES

As noted, the applicant is proposing to vary the requirement to have a cul-de-sac on a municipal road. If Council finds it appropriate, they may wish to accept a permanent two-point turnaround to the satisfaction of the Director of Engineering. As this would require a variance application, Council may wish to direct staff to bring this variance report straight to Council for consideration post-rezoning.

PEDESTRIAN, CYCLING AND MOTORIST NETWORK

There are two transit stops located near the subject property, one on Sooke Road and another on Glen Lake Road. Both routes offer access to Langford Exchange which acts as a transit hub for various routes throughout Langford and other municipalities. Bike lanes run along Happy Valley Road and the Galloping Goose Trail is nearby.

CONSTRUCTION MANAGEMENT PLAN

Council may wish to require a Construction Management Parking Plan as a condition of rezoning and provide to the satisfaction of the Director of Engineering prior to issuance of a Development Permit.

FRONTAGE IMPROVEMENTS

Council may wish to require as a condition of rezoning that full frontage improvements to the standards of Bylaw No. 1000 be provided and that this be secured in a Section 219 Covenant to be provided at the time of Building Permit.

STORMWATER MANAGEMENT PLAN

In accordance with Bylaw No. 1000, the applicant will be required to submit a Stormwater Management Plan as part of the subdivision process.

INFRASTRUCTURE

The applicant will be required to provide engineering drawings detailing any proposed sewer system extensions or modifications to the existing service for the new development. Any sewer extensions or modifications within the municipal road right-of-way will be constructed by West Shore Environmental Services at the applicant’s expense.

The Land Development department has noted that a drainage SRW will need to be registered during the subdivision phase to connect to storm drain infrastructure on adjoining properties.

Any additional utilities required to serve the development will also have to be extended and or modified as part of the subdivision process.

NEIGHBOURHOOD CONSULTATION

The developer has been asked to undertake door-to-door canvassing to apprise and consult the neighbours in the immediate vicinity. At the time this report was written, no feedback has been received.

Page 15–21

FINANCIAL CONTRIBUTIONS

Rezoning the subject property to permit higher densities of development may increase the assessed value of the property, and this may increase municipal revenue. As the applicant will connect the development to municipal sewers, and as the applicant will complete frontage improvements, the direct capital costs to the municipality associated with this development will be negligible. A summary of the amenity contributions required pursuant to Council’s Amenity Contribution Policy and Development Cost Changes required pursuant to DCC Bylaw No. 26 are listed in Tables 4 and 5 below.

Table 4 – Amenity Contributions per Council Policy (based on five lots)

Amenity Item Per unit contribution Total
General Amenity Reserve Fund $6,000/SFE x .66 = $3,960 $19,800
Affordable Housing Reserve Fund $1,000/SFE x .66 = $660 $33,00
TOTAL POLICY CONTRIBUTIONS $23,100

Table 5 – Development Cost Charges

Development Cost Charge Per unit contribution Total
Roads 3 lots at $4,423 (per lots less than 300m2)
2 lots at $6,949 (per lots greater than 300m2)
$27,167
Storm Drainage 3 lots at $1,638 (per lots less than 300m2)
2 lots at $2,638 (per lots greater than 300m2)
$10,190
Park Improvement $1,890/parcel created $9,450
Park Acquisition $1,100/parcel created $5,500
Incremental Storage Improvement Fees $371.25/parcel created $1,856.25
Integrated Survey Area $35/parcel created $175
Subtotal (DCCs paid to City of Langford) $54,338.25
CRD Water $2,655.34 $2,655.34
School Site Acquisition $698/parcel created $3,490
TOTAL (estimate) DCCs $60,48359
Page 15–21

OPTIONS

Option 1

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

  1. Direct staff to prepare a bylaw to amend the zoning designation of the property located at 967A Isabell Avenue from R2 to RS3, subject to the following terms and conditions:

    a) That the owner agrees to provide, as a bonus for increased density, the following contributions per new lot created, prior to subdivision approval: i. $3,960 towards the General Amenity Reserve Fund; ii. $660 towards the Affordable Housing Reserve Fund;

    b) That the applicant provides, prior to Public Hearing, an FUS report prepared by a professional Engineer that demonstrates adequate water pressure is available to the site. c) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:

    i. That full frontage improvements be completed as per the Subdivision and Development Servicing Bylaw No. 1000 as a condition of subdivision approval, to the satisfaction of the Director of Engineering; and
    ii. That a Stormwater Management Plan shall be provided and all required measures recommended shall be implemented by the owner as a condition of Subdivision approval, to the satisfaction of the Director of Engineering; and
    iii. That a Construction Parking Management Plan be provided prior to any alteration of the land

  2. That Section 4.12 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow for a permanent two-point turnaround rather than the required cul de sac.

OR Option 2

  1. Reject this application for rezoning.

Submitted by:
Julia Buckingham

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Concurrence:
Bob Beckett, Fire Chief
Concurrence:
Mike Leskiw, Parks and Recreation Manager
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Brent Molnar, Manager of Land Development
Concurrence:
Steve Ternent, Director of Finance
Concurrence:
Jim Bowden, Chief Administrative Officer

:jb

Page 15–21
Extracted from: 20160815-Regular-Council-Agenda-Package(123 pages total)