Staff Report — Z21-0012: Application to Rezone 3216 Happy Valley Road (18-unit townhouse)

PURPOSE

Gary Lunn has applied on behalf of Walking Stick Developments Inc. to rezone 3216 Happy Valley Road from Rural Residential (RR2) Zone to Residential Townhouse 1 (RT1) Zone to allow for an 18-unit townhouse strata development.

BACKGROUND

Previous Applications

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

Table 1: Site Data

SITE AND SURROUNDING AREA

The subject property is flat in nature and has a few mature trees to the rear of site. There is an existing detached two-family dwelling located onsite. To the north, east, and south are single-family dwellings on lots that are generally 550m² in size. To the west is a property that has split zoning between RR2 and C3. This property operates a rehabilitation service for individuals who have survived a brain injury. The two properties immediately north of this site have applied for a rezoning to allow for a townhouse development across both those properties.

Table 2: Surrounding Land Uses

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 1200 designates the subject property as ‘Neighbourhood’, which is 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.

DEVELOPMENT PERMIT AREAS

The subject property is not located within any of the Environmental Protection or Hazardous Area Development Permit Areas. However, since the proposed development is to construct townhomes, a Development Permit for Form and Character will be required. This DP would need to be issued prior to a building permit to ensure the design is consistent with the City’s Design Guidelines.

PROPOSAL DATA

Table 3: Proposal Data

• Variance or text amendment required

VARIANCES

The applicant wishes to place the townhouse units closer to the rear lot line by 0.5m than what the zone permits. The height of the townhomes is also proposed to be 0.5m higher than what the zone permits. If Council has no objection to these requested variances, they may wish to authorize the Director of Planning to issue these variances within the Development Permit for Form and Character that is required for this site. Alternatively, if Council is not supportive of the proposed variances, they may wish to request the applicant to redesign the site to comply with the zoning requirements of the RT1 zone.

Table 4: Variance Requests

AMENDMENT

The applicant is also proposing a higher density than permitted by the zone. The zone states that the maximum density can be a Floor Area Ratio (FAR) of 1.2, but the applicant is proposing an FAR of 1.5. Since density is not permitted to be varied as per the Local Government Act, an amendment to the Zoning Bylaw would be required. If Council has no objection to the proposed increase in density, they may wish to amend the Zoning Bylaw to increase the maximum allowable density on the subject property to an FAR of 1.5. Alternatively, if Council is not supportive of the proposed increased density, they may wish to request the applicant to redesign the site in order to comply with the zoning requirements.

Comparison: Permitted by R2 (Current Zone) vs Permitted by RT1 (Proposed Zone)

• Indicates Variance or text amendment required

FRONTAGE IMPROVEMENTS

Happy Valley Road

The applicant will be required to provide full frontage improvements along Happy Valley Road in accordance with Bylaw 1000, prior to issuance of a building permit. Improvements would include parking scallops, concrete sidewalk, street lighting, and boulevard landscaping with irrigation. Canada Post has requested that the community mailbox and affiliated concrete pad be installed along Happy Valley Road so it can be expanded to include service for future developments.

Private Strata Road

The applicant will need to construct a private strata road prior to subdivision approval. Improvements for this road would include a minimum 6.0m wide hard surface access route.

ACCESS TO LANDS BEYOND

As illustrated in Appendix A, the applicant is proposing a private strata road in the centre of the property for access to the individual townhomes. However, through the referral process, The Ministry of Transportation and the Engineering Department have both stated that a half municipal road along the north side of the property should be dedicated and built (the other half to be dedicated and built by 3212 Happy Valley) in order to provide a safe access route to 2715 Sooke Road, for which the only access is on Sooke Road near the bend in the road. If Council wishes to provide an alternative access for 2715 Sooke Road, they may wish to request the applicant to dedicate half a municipal road along the north side of this property.

SEWERS

A sewer main exists within Happy Valley 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 water is to be managed through 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.

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 Table 5 below.

Table 5 – Amenity Contributions per Council Policy

Development Cost Charges

The Development Cost Charges that apply as per Bylaw 1700 are summarized in Table 6 below.

Table 6 – Development Cost Charges

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 3216 Happy Valley Road from Rural Residential 2 (RR2) Zone to Residential Townhouse 1 (RT1) Zone, subject to the following terms and conditions:

a) That the applicant agrees to provide, as a bonus for increased density, the following contributions per new dwelling unit, prior to issuance of a building permit: i. $3,660 towards the General Amenity Reserve Fund; and ii. $610 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. ii. A revised site plan and rendering that includes a dedicated municipal half road along the northern boundary. 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 a municipal half road be dedicated and built along the north property line, prior to issuance of a Development Permit, to the satisfaction of the Director of Engineering; and ii. That all frontage improvements to Bylaw 1000 standards are provided to the satisfaction of the Director of Engineering; and iii. That a storm water management plan be provided and implemented, to the satisfaction of the Director of Engineering; and iv. That the applicant provide a construction management plan to the satisfaction of the Director of Engineering. AND

2. Direct staff to prepare a bylaw to amend Zoning Bylaw 300 by adding the following text as Section 6.28.03(3):

Notwithstanding Subsection 6.28.03(1), on land whose legal description is Parcel A (DD 153694I) of Lot 15, Block 2, Section 83, Esquimalt District, Plan 1524 (3216 Happy Valley Road), the minimum floor area ratio may be increased to 1.5 if the owner of the land proposed to be developed:

a) pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a building permit. (Bylaw No. 1869); AND

3. Authorize the Director of Planning to issue the following variance in the Form and Character Development Permit for 3216 Happy Valley: i. That Section 6.28.06 be varied to increase the maximum height from the required 10.0m (32.8 ft) to 10.5m (34.5 ft); and ii. That Section 6.28.07(1)(d) be varied to reduce the minimum rear yard setback from the required 5.5m (18 ft) to 5.0m (16.4 ft);

OR Option 2

4. Direct staff to prepare a bylaw to amend the zoning designation of the property located at 3216 Happy Valley Road from Rural Residential 2 (RR2) Zone to Residential Townhouse 1 (RT1) Zone, subject to the following terms and conditions:

d) That the applicant agrees to provide, as a bonus for increased density, the following contributions per new dwelling unit, prior to issuance of a building permit: i. $3,660 towards the General Amenity Reserve Fund; and ii. $610 towards the Affordable Housing Reserve Fund. e) That the applicant provides, prior to Public Hearing, the following: iii. A technical memo from a qualified engineer that verifies storm water can be adequately managed onsite, to the satisfaction of the Director of Engineering. f) 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; and ii. That a storm water management plan be provided and implemented, to the satisfaction of the Director of Engineering; and iii. That the applicant provide a construction management plan to the satisfaction of the Director of Engineering. AND

5. Direct staff to prepare a bylaw to amend Zoning Bylaw 300 by adding the following text as Section 6.28.03(3):

Notwithstanding Subsection 6.28.03(1), on land whose legal description is Parcel A (DD 153694I) of Lot 15, Block 2, Section 83, Esquimalt District, Plan 1524 (3216 Happy Valley Road), the minimum floor area ratio may be increased to 1.5 if the owner of the land proposed to be developed:

b) pays to the City the amount specified in Column 4 of Table 1 of Schedule AD, prior to the issuance of a building permit. (Bylaw No. 1869); AND

6. Authorize the Director of Planning to issue the following variance in the Form and Character Development Permit for 3216 Happy Valley: iii. That Section 6.28.06 be varied to increase the maximum height from the required 10.0m (32.8 ft) to 10.5m (34.5 ft); and iv. That Section 6.28.07(1)(d) be varied to reduce the minimum rear yard setback from the required 5.5m (18 ft) to 5.0m (16.4 ft);

SUBMISSIONS AND CONCURRENCE

Submitted by:
Robert Dykstra, MCIP, RPP, Senior Planner – Approved

Submitted by:
Chris Aubrey, Fire Chief – Approved

Submitted by:
Lorne Fletcher, Manager Community Safety and Municipal Enforcement – Approved

Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning – Approved

Concurrence:
Adriana Proton, Manager of Legislative Services

Concurrence:
Yari Nielson, Manager of Parks and Recreation – Approved

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering – Approved

Concurrence:
Audrey Kryklywyj-Shortreid, Acting Director of Finance – Approved

Concurrence:
Marie Watmough, Acting Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

APPENDICES

Appendix A — Site Plan

Appendix B — Rendering

Appendix B — Subject Property Map

Appendix C — Location Map