DocumentsStaff ReportDec 17, 2018Pages 53–56
Staff Report - Application for Development Variance Permit DVP18-0019 (790 McCallum Road)
Application by Keycorp Planning Ltd on behalf of Seacliff Properties requesting a DVP to allow subdivision and dedication of municipal roads at 790 McCallum Road without completing or bonding the road construction at time of subdivision, proposing to secure works via a Section 219 covenant to be completed prior to building permits.
Key facts
- Applicant: Niall Paltiel, Keycorp Planning Ltd.; Owner: 1054105 BC Ltd. (Seacliff Properties)
- Civic address: 790 McCallum Road; Legal/Size: Lot A, Sections 112/112A, Plan VIP67382; 19.8 ha
- Proposal: subdivide into approx. seven parcels and dedicate municipal roads but defer construction/Works & Services Agreement until later
- Requested variance: defer Bylaw 1000 Section 1.12.2.1 requirement (road works or Works & Services Agreement at subdivision) via s.219 covenant
- Recommendation options: approve with covenant securing completion prior to building permits, or reject application
Staff Report - Application for Development Variance Permit DVP18-0019 (790 McCallum Road)
Date
December 17, 2018
Department
Planning
Application No.
DVP18-0019
Subject
Application for Development Variance Permit to allow for a subdivision without building or bonding for the municipal roads until a later date at 790 McCallum Road
PURPOSE
Keycorp Planning Ltd. has applied on behalf of Seacliff Properties for a Development Variance Permit to allow for the future subdivision of the lands without building or bonding for the newly dedicated municipal roads at 790 McCallum Road until a later date.
BACKGROUND
PREVIOUS APPLICATIONS
- In 2018 under application OCP17-0005 the subject property had its designation changed from ‘Neighbourhood’ to ‘Mixed-Use Employment Centre’. This OCP designation change was adopted by Council on February 19th, 2018.
- In 2018 under application Z17-0037 the subject property was rezoned from ‘Cluster Housing Residential (CH1)’ to ‘Mixed-Use Employment 2 (MUE2)’. This rezoning was adopted by Council on February 19th, 2018.
Table 1: Site Data
| Item | Details |
|---|---|
| Applicant | Niall Paltiel, Keycorp Planning Ltd. |
| Owner | 1054105 BC Ltd. (Seacliff Properties) |
| Civic Address | 790 McCallum Road |
| Legal Description | Lot A, Sections 112 and 112A, Esquimalt District, Plan VIP67382 |
| Size of Property | 19.8 ha (49 acres) |
| DP Areas | Habitat and Biodiversity, Riparian Areas |
| Zoning Designation | Mixed-Use Employment 2 (MUE2) |
| OCP Designation | Mixed-Use Employment Centre |
SITE AND SURROUNDING AREA
The subject property is vacant and primarily consists of trees and rock outcrops throughout. To the west are single-family residential homes. To the south is Costco, and to the east is Home Depot.
Table 2: Surrounding Land Uses
| Direction | Zoning | Use |
|---|---|---|
| North | R2 (One- and Two-Family Residential) | Single Family Residential |
| East | C6B (Neighbourhood Mixed Use) BP1 (Business Park 1) |
Vacant Land Commercial Retail |
| South | W1 (Special Wholesale) W2 (Large Format Business) CT3 (Tourist Commercial - Hotel) R2 (One- and Two-Family Residential) |
Commercial Retail Commercial Retail Hotel Single Family Residential |
| West | R2 (One- and Two-Family Residential) | Single Family Residential |
COMMENTS
DEVELOPMENT VARIANCE PROPOSAL
The applicant is requesting to defer the requirement of Section 1.12.2.1 of Bylaw 1000, which requires road works to have been completed or that a Works and Services Agreement be entered into at the time of subdivision. The applicant wishes to subdivide the lands into approximately seven(7) parcels, as illustrated in Appendix A (Proposed Subdivision), and dedicate the municipal roads, but not build or enter into a Works and Servicing Agreement at the time of subdivision. The proposal is to secure this requirement within a restrictive covenant that would defer the required works to be completed prior to issuance of a building permit.
Table 3: Proposal Data
| Current Requirement | Proposed by DVP Application |
|---|---|
| Dedicated Roads at the time of Subdivision — Complete the works or bond for outstanding works. | Register a covenant that requires the works to be completed prior to a building permit or issuance of occupancy. |
OPTIONS
Option 1
That Council:
- Direct staff to proceed with consideration of the following variance for 790 McCallum Road:
a) That Section 1.12.2.1 of Subdivision and Development Servicing Bylaw No. 1000 be varied from requiring Construction Acceptance be issued or a Works and Services Agreement be entered into prior to final approval of subdivision,
Subject to the following terms and conditions:
i) That a section 219 covenant be registered on the lands prior to subdivision, requiring that:
i. The scope of required road construction and servicing works be completed to the satisfaction of the Director of Engineering prior to the issuance of a Building Permit; and ii. That, prior to issuance of a Building Permit, the required works either achieve Construction Acceptance or are secured in a Works and Services Agreement with Construction Acceptance issuance prior to Occupancy Permit.
OR Option 2
- Reject this application for development variance permit.
Respectfully Submitted:
Submitted by:
Robert Dykstra, MCIP, RPP
Land Development Planner
Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer
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