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DocumentsStaff ReportMar 18, 2019Pages 16–27

Staff Report (Planning) - Z18-0011: Application to Rezone 3238 Lodmell Road

Planning staff report recommending preparation of a bylaw to rezone 3238 Lodmell Road from R2 to RS3 to allow a four lot strata development, including recommended conditions, variances and financial contributions.

10.a BYLAW NO. 1814 "Langford Zoning Bylaw, Amendment No. 552, (3238 Lodmell Rd), 2019" (SECOND AND THIRD READINGS)

Key facts

  • Applicant / Owner: Charles Guzauskas
  • Civic address: 3238 Lodmell Road; Legal: Lot B, Section 84, Esquimalt District, Plan VIP88158
  • Site area: 1,260 m²
  • Requested variances: front yard setback to garage reduced to 3.0m (from 5.5m); rear yard setback reduced to 4.5m (from 5.5m); parking adjustments
  • Amenity contributions per Council policy: $660 (Affordable Housing) and $3,960 (General Amenity) — total $18,480 for the development

Staff Report to Planning, Zoning and Affordable Housing Committee

Date: November 26, 2018
Department: Planning
Application No.: Z18-0011
Subject: Application to Rezone 3238 Lodmell Road from One- and Two-Family Residential (R2) to Residential Small Lot 3 (RS3) to Allow a Four Lot Strata Development

PURPOSE

Charles Guzauskas has applied to rezone 3238 Lodmell Road from One- and Two-Family Residential (R2) to Residential Small Lot 3 (RS3) to allow for the future development of four strata lots that would share a common access route.

BACKGROUND

PREVIOUS APPLICATIONS

The City has not received any previous planning applications on the subject property.

Table 1: Site Data

Item Details
Applicant Charles Guzauskas
Owner Charles Guzauskas
Civic Address 3238 Lodmell Road
Legal Description Lot B, Section 84, Esquimalt District, Plan VIP88158
Size of Property 1,260m² (0.3 acres)
DP Areas Extreme Fire Hazard
Current Zoning Designation One- and Two-Family Residential (R2)
Proposed Zoning Designation Residential Small Lot (RS3)
OCP Designation Neighbourhood

SITE AND SURROUNDING AREA

The subject site is flat and has no trees on it. An existing single family dwelling is located on it, but will be removed in the future to allow for this development to occur. It would need to be removed prior to subdivision as it would straddle property line and is partially located on the future strata road. The surrounding area is general flat as well and primarily consists of single family dwellings.

Table 2: Surrounding Land Uses

Direction Zoning Use
North One- and Two-Family Residential (R2) Single-Family Residential
East Park and Open Space (P4) Baseball Field
South One- and Two-Family Residential (R2) Single-Family Residential
West Residential Small Lot 3 (RS3) Single-Family Residential
Subject Property
Subject Property
Page 16–27

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 1200 designates the subject properties as ‘Neighbourhood’ and ‘Neighbourhood Centre’, which are defined by the following text:

Neighbourhood

  • 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
  • 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.
A Concept for Neighbourhood
A Concept for Neighbourhood

DEVELOPMENT PERMIT AREAS

The subject property is located within the Extreme Fire Hazard Development Permit Area and would need to address this accordingly. As a Development Permit for Form and Character is required as well, both can be addressed in the same application.

Page 16–27

COMMENTS

DEVELOPMENT PROPOSAL

The applicant is proposing to develop four strata lots that share a common access route down the one side of the property as shown in Appendix A. These would be small lots ranging in size from 202m² to 285m², but due to lot averaging they will meet the RS3 minimum lot size requirement of 220m². Variances are requested, which are discussed in more detail in the Variance section below.

As this development is proposing a private strata road against the neighbouring property to the north, Council may wish to request that 1.2m (4.0 ft) solid fence with an additional 0.3m (1.0 ft) of lattice on top be installed along the north side of this road to provide privacy and prevent vehicle lights from shining into the neighbouring property. The Fire Department has also requested that signs that state ‘No Parking – Fire Lane’ be installed to ensure emergency access to the dwellings is not prevented from vehicles parked on the private strata road.

Table 3: Proposal Data

Item Permitted by R2 (Current Zoning) Permitted by RS3 (Proposed Zone)
Permitted Uses One- or Two Family Dwelling; Secondary suites within one-family dwellings; Home Occupation; Group Daycare One-Family Dwelling; Home occupation; One boarder in a one-family dwelling
Density (min. lot size) 550m² 220m²
Lot Width 16.0m 9.0m
Height 9.0m 8.5m
Site Coverage 50% 50%
Front Yard Setback 6.0m 3.0m (to the dwelling)
5.5m (to the garage) *
Interior Side Yard Setback 1.5m 1.2m
Exterior Side Yard Setback 4.5m (to the dwelling)
5.5m (to the garage)
3.5m
Rear Yard Setback 6.0m 5.5m *
Parking Requirement 2 spaces per dwelling; 1 space per secondary suite; 2 spaces per dwelling
* * Variance Requested

VARIANCES

In order to make a bit more room within each dwelling, the applicant is requesting the following variances:

Table 4: Variance Requests

Required Proposed
Front Yard Setback from Garage 5.5m (18 ft) → 3.0m (10 ft)
Rear Yard Setback 5.5m (18 ft) → 4.5m (15 ft)

In addition to the above two requested variances, the applicant would like to build parking spaces on Lodmell Road fronting this site and use these (public) spaces for the required onsite visitor parking. Even though these spaces could be used by the general public at large, numerous concept plans for this site proved to be difficult and problematic for visitor parking to function properly and the proposed spaces off-site appears to be the most practical option.

If Council has no objection to the requested variances noted above, they may wish to direct the Director of Planning to include these variances in the Development Permit for Form and Character that will be issued for this site.

FRONTAGE IMPROVEMENTS

Lodmell Road

The applicant will be required to provide full frontage improvements in accordance with Bylaw 1000, which would include the following:

  • Paving
  • Curbing
  • Streetlights
  • Landscaping (including irrigated street trees)

If Council is supportive of allowing the two onsite visitor parking to be varied in exchange for at least two (public) spaces provided along the frontage, the design along this frontage will need to include these spaces, which would include additional paving to accommodate these.

Private Strata Road

The applicant will need to construct a private strata road prior to subdivision approval. Improvements for this road would include the following:

  • A minimum 6.0m wide common property (access route)
  • Two ‘No Parking – Fire Lane’ signs
  • A fence along the north side of the road, of which the first 1.2m is solid wood and an additional 0.3m of lattice on top

PARKS AND BOULEVARD

The Parks Department has not requested that any park land be provided with this development, therefore Council may wish to require the applicate to provide 5% cash-in-lieu of park land of the post-rezoning assessed value at the time of subdivision, as per Section 510 of the Local Government Act.

SEWERS

A sewer main does exists within Lodmell Road along this frontage. The developer will be required to connect the new development to this main through approved civil engineering drawings. 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.

DRAINAGE AND STORMWATER MANAGEMENT

As a condition of subdivision approval, Bylaw No 1000 states that storm be managed through on-site infiltration. As a condition of rezoning, Council may wish to require the applicant to provide a technical memo prior to public hearing from a qualified professional regarding storm water management, to the satisfaction of the Director of Engineering.

Page 16–27

FINANCIAL CONTRIBUTIONS

Council’s Amenity Contribution Policy

The amenity contributions that apply as per Council’s Affordable Housing, Park and Amenity Contribution Policy are summarized in the table below.

Table 4 – Amenity Contributions per Council Policy

Amenity Item Per Lot Contribution Total
Affordable Housing Reserve Fund $660 $2,640
General Amenity Reserve Fund $3,960 $15,840
Total $18,480

Table 5 – Development Cost Charges

Development Cost Charge Per Lot Contribution Total
Roads $3,985 $11,955
Park Improvement $1,890 $5,670
Storm Drainage $1,166 3,498
Park Acquisition $1,100 $3,300
ISIF Fees $371.25 $1,113.75
Integrated Survey Area $35 $105
Subtotal (DCCs to Langford) $25,641.75
CRD Water $2,655.34 $7,966.02
School Site Acquisition $698 $2,092
TOTAL (estimate) DCCs $35,699.77
Page 16–27

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 3238 Lodmell Road from R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) subject to the following terms and conditions:

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

b) That the applicant provides, prior to Public Hearing, the following:
i. A technical memo from a qualified engineer that verifies storm water can be adequately managed onsite, to the satisfaction of the Director of Engineering.

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 all frontage improvements to Bylaw 1000 standards are provided to the satisfaction of the Director of Engineering;
ii. That a storm water management plan be provided and implemented, to the satisfaction of the Director of Engineering;
iii. That the applicant install a solid 1.2m solid high fence along the north property line with an additional 0.3m of lattice on top;
iv. That a minimum of two parking spaces be provided along the front of the subject property;
v. That the applicant install two signs along the strata road that state, ‘No Parking – Fire Lane’;
vi. That the applicate provide 5% cash in lieu of park of the post rezoning value of the land;
vii. That the applicant provide a construction management plan to the satisfaction of the Director of Engineering.

d) Authorize the Director of Planning to issue the following variances in the Form and Character Development Permit for 3238 Lodmell Road:
i. That Section 6.27.06(1)(a) be varied to reduce the minimum front yard setback to an attached garage to 3.0m (10 ft);
ii. That Section 6.27.06(1)(b) be varied to reduce the minimum rear yard setback to 4.5m (15 ft);
iii. Reduce the number of off-street parking from the required 2 spaces to 0 in exchange for a minimum of 2 spaces provided along the frontage of this site.

OR Option 2

  1. Take no action at this time with respect rezoning 3238 Lodmell Road and require the site be redesigned with fewer lots and to have the two required onsite parking spaces installed onsite.
Page 16–27

Submitted by:

Robert Dykstra, MCIP, RPP
Land Development Planner

Page 16–27

Concurrence:

  • Matthew Baldwin, MCIP, RPP, Director of Planning
  • Chris Aubrey, Fire Chief
  • Cory Manton, Manager of Parks and Recreation
  • Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
  • Leah Stohmann, MCIP, RPP, Deputy Director of Planning
  • Michael Dillabaugh, CPA, CA, Director of Finance
  • Braden Hutchins, Director of Corporate Services
  • Darren Kiedyk, Chief Administrative Officer

Appendices

Appendix A

SITE PLAN

Site Plan
Site Plan

Appendix B

SUBJECT PROPERTY MAP

Subject Property Map
Subject Property Map

Appendix C

LOCATION MAP

Location Map
Location Map
Page 16–27
Extracted from: 20190318-Council-Agenda-Package(138 pages total)