# Staff Report - Application for Development Variance Permit DVP18-0019 (790 McCallum Road)

Meeting: Regular Council — December 17, 2018

Canonical HTML: [Open Langford](<https://openlangford.ca/meetings/2018-12-17-regular-council/documents/688>)

Meeting record updated: 2026-10-19T03:56:32.837563+00:00

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Source: [20181217-Agenda-Package](<https://langford.ca/wp-content/uploads/2021/05/20181217-Agenda-Package.pdf>)

Source pages: 53–56

## AI-processed summary

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.

## Extracted text

### Staff Report - Application for Development Variance Permit DVP18-0019 (790 McCallum Road)

Source pages: 53–56

## 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

Source pages: 53–56

## 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

Source pages: 53–56

## 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

Source pages: 53–56

## 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)<br>BP1 (Business Park 1) | Vacant Land<br>Commercial Retail |
| South | W1 (Special Wholesale)<br>W2 (Large Format Business)<br>CT3 (Tourist Commercial - Hotel)<br>R2 (One- and Two-Family Residential) | Commercial Retail<br>Commercial Retail<br>Hotel<br>Single Family Residential |
| West | R2 (One- and Two-Family Residential) | Single Family Residential |

[Image 1: Subject Property]

### COMMENTS

Source pages: 53–56

## 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

Source pages: 53–56

## OPTIONS

### Option 1

That Council:

1. 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

2. Reject this application for development variance permit.

### Respectfully Submitted:

Source pages: 53–56

## 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

:rd
