Staff Report to Council: Bylaw No. 2226 - Rezoning 939 Klahanie Drive (Z25-0007)

EXECUTIVE SUMMARY:

Jesse and Cindy Harris have applied to rezone 939 Klahanie Drive from the ‘Rural Residential 2’ (RR2) Zone to the ‘Rural Residential 5’ (RR5) Zone in order to facilitate the subdivision of the subject property into two lots that would each be approximately 0.4 hectares (1.0 acres) in size. The intent is to create two bare-land strata lots that would share a common access route, that being the existing driveway, and each lot would have their own private driveway off that access route.

BACKGROUND:

Previous Applications

• The City received a Development Permit application (DP22-0057) to add a carport onto the existing house. That Development Permit was issued in September of 2022.
• The City received a Rezoning application (Z23-0028) in 2023 to rezone the subject property to RR2 in order to facilitate a subdivision with associated variances that would allow the subdivision to proceed without connection to municipal sewer. The application was put on hold pending the OCP Refresh process. When the new OCP was adopted, it reconfirmed that municipal sewer would be required and this file was subsequently closed.
• The applicant has since been able to establish an easement on a neighbouring property to the south and has installed a sewer service from Blakeon Place to the subject property.

Table 1: Site Data

Site and Surrounding Area

The subject property is located on the south side of Klahanie Drive and has a number of mature evergreen trees scattered throughout the property, with the largest stands near the front and rear property lines.

A single-family dwelling and several accessory buildings, both large and small, are located on this property. The properties to the east, west, and north of this site are of a similar size and use, that being rural residential properties. The properties to the west are within the Agricultural Land Reserve. To the south is a relatively new 23-lot subdivision, with lots that are typically 550m² (5,920 ft²) in size. Sewer and gas services to the subject property were installed within an easement over one of the lots in this subdivision.

There are several passive park lots / open space properties within the vicinity of this site. While slightly further away, there is an active ballpark just off Wild Ridge Way and the Galloping Goose Regional Trail on the west side of Happy Valley Road.

Recent Site Activities

During inspections of the new services to the site, staff noticed that a building had been constructed behind the existing dwelling. Given the size of the building and the services installed to it, permits would have been required, but none had been applied for. Staff issued an inspection slip that no more work continue. The applicant has started the process of obtaining the necessary permits, but at the time of writing this report, the situation is unresolved and therefore non-compliant.

The subject building is located within two Environmental Development Permit (DP) Areas, those being Riparian Area and the Habitat and Biodiversity Area. Therefore, in addition to a Building Permit, Plumbing Permit, and Electrical Permit, an Environmental DP and possibly a Form and Character DP are required for this construction. To ensure those have been adequately addressed, Council may wish to require the applicant to bring the property into compliance with all applicable bylaws and regulations prior to further consideration of the proposed rezoning.

Table 2: Surrounding Land Uses

COMMENTARY:

Development Proposal

The applicant is proposing to rezone the subject property to RR5, which would facilitate a future subdivision of two 1-acre lots. The subdivision is proposed as a bare land strata with both lots sharing a common access route. As the common access route would simply be the existing driveway, there would be minimal disruption along the frontage, which contains a row of coniferous trees and a ditch. The proposal does not require any variances, and with municipal sewer now available to the property, it complies with City bylaws relating to sewer services as well. A conceptual subdivision plan is attached as Appendix C. There may be slight adjustments to the proposed lot lines as part of the Subdivision application process to the ensure each lot is at least 1.0 acre in size to ensure compliance with the minimum lot size requirements of the RR5 Zone.

Table 3: Proposed Data

Multi-Modal Network

ROAD DEDICATION

The proposed preliminary frontage and servicing conceptual drawing shows a hydro pole in the middle of the paved multi-use path. Council may wish to require road dedication prior to bylaw adoption to ensure there is at minimum 1.5 m of clearance for bicycles or accessibility devices to have enough room to pass safely on either side of that pole.

FRONTAGE IMPROVEMENTS

Frontage improvements (or cash in lieu) have been requested and are anticipated to include, but not be limited to, a 3.0m wide paved multi-use path behind split rail fence, culverting, and a streetlight. Council may wish to have this completed to the satisfaction of the Director of Engineering and Public Works prior to subdivision approval.

Infrastructure

SEWER

Sewer does not exist within Klahanie Drive, but as previously noted, the applicant was able secure an easement from a neighbouring property and has installed a sewer service from Blakeon Place to the subject property. That service would provide municipal sewer to both of the proposed lots.

WATER

A CRD water main exists within Klahanie Drive and would be able to provide service to both of the proposed lots.

STORMWATER MANAGEMENT

The applicant will be required to provide a stormwater management plan to the satisfaction of the Director of Engineering and Public Works prior to subdivision approval. As part of their rezoning application, the applicant has submitted a stormwater technical memo that was prepared by a qualified professional outlining how they could address onsite stormwater to Bylaw 1000 standards. This memo has been reviewed and approved by the Director of Engineering and Public Works.

Potential Nuisances

As has been commonly applied to rezoning applications in close proximity to agricultural land and/or the South Vancouver Island Rangers site, Council may wish to require the registration of a Section 219 covenant prior to Bylaw Adoption that ensures future owners are made aware of these uses which may generate noise, light, and smells that could be perceived as a nuisance. The covenant would provide any future owner with an understanding that such uses exist nearby, and that they would accept any potential nuisances from those pre-existing uses in the area.

Construction Impact Mitigation

Council may wish to require the applicant to provide a Construction Parking and Deliveries Management Plan as well as an Erosion and Sediment Control Plan to the satisfaction of the Director of Engineering and Public Works prior to any land alterations. Additionally, Section 2.5 of Bylaw No. 1000 requires that a Mitigation Plan be provided prior to land alteration, to the satisfaction of the Director of Engineering and Public Works. The submission of these plans would be secured by Section 219 covenant prior to Bylaw Adoption.

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 2200 designates the subject property as “Complete Community”, which is defined by the following:

Additional components relating to the Complete Communities designation include the following:

• 6.4 Desired Outcome #1: A diverse range of housing options- including various types, sizes, bedroom counts, ownership, and rental choices – will be available in neighbourhoods.

• 6.4.1. A range of ground-oriented homes up to three storeys in height are permitted everywhere in this designation, subject to servicing. These include single-detached homes, duplexes, townhomes (including rowhouses and multi-plexes), and three-storey apartments. Accessory suites in attached and detached forms will be enabled as appropriate in the Zoning Bylaw.

• 6.10.1. Subdivision and development must be connected to community sewer and water services.

The proposed rezoning would create additional opportunities for residential housing within the neighbourhood, although on the lower density end of the range of housing types anticipated by the above policies.

DEVELOPMENT PERMIT AREAS

The subject property is located within three Environmental Development Permit areas, those being the Interface Fire Hazard Area (High), the Potential Habitat and Biodiversity Area, and the Riparian Area.

Through the Development Permit in 2022 (DP22-0057), a Wildfire Hazard Assessment was submitted from a qualified professional, which reclassified the Fire Hazard Area for this property from High to Moderate. In line with the reassessment to Moderate, the report outlines measures to address such a classification, and that Assessment was included as an appendix in that DP, which was registered as a notice on title. No additional requirements are needed in this regard.

An Environmental Assessment Report that was completed for DP22-0057, and subsequently approved by the Province, has since been revised to include the additional works proposed with this rezoning application. Those works include the construction of a new single-family dwelling and the extension of services from Blakeon Place to this site.

The revised report was resubmitted to the Province and has been approved. The report outlines various measures to protect environmental features, which includes maintaining a minimum distance of 15m from the proposed new house to the high-water mark of the existing pond on the neighbouring property and ensuring the services are only installed within the existing driveway and over top of the culvert. Council may wish to secure these protection measures by registering this assessment within a Section 219 covenant on title.

FINANCIAL IMPLICATIONS:

Rezoning the subject properties to permit higher density of development will increase the assessed value of lands and eventually will increase municipal revenue due to the number of units created. As the developer is responsible to complete all frontage improvements, the direct capital costs to the City associated with this development will be negligible. A summary of Amenity Contributions and Development Cost Charges that the developer will be expected to pay, is outlined in Tables 4 and 5 below.

Council’s Amenity Contribution Policy

The amenity contributions that apply as per Council’s current Affordable Housing and Amenity Contribution Policy are summarized in Table 4 below, based on a total density of one additional residential unit.

Table 4 – Amenity Contributions per Council Policy

Table 5 - Development Cost Charges

LEGAL IMPLICATIONS:

Should Council choose to proceed with consideration of Bylaw No. 2226, the application will be prohibited from being the subject of a Public Hearing as per the changes made by the Province to the Local Government Act through The Housing Statues (Residential Development) Amendment Act, 2023.

The amenity contributions specified in Table 4 above are incorporated into Bylaw No. 2226 and will be payable at the time of subdivision approval along with the current Development Cost Charges specified in the various DCC Bylaws.

Council’s other conditions of approval would be registered in a Section 219 Covenant in priority of all other charges on title prior to consideration of Bylaw Adoption.

OPTIONS:

Option 1

THAT Council direct staff to not bring forward the proposed rezoning of 939 Klahanie Drive to the Sustainable Development Advisory Committee until the building that was constructed on this property without any permits has been brought into compliance with all City bylaws and Provincial regulations.

OR Option 2

THAT Council direct staff to bring forward the proposed rezoning at 939 Klahanie Drive to the next available Sustainable Development Advisory Committee meeting.

SUBMITTED BY:

Robert Dykstra, RPP, MCIP Manager of Development Services

Concurrence:

• Leah Stohmann, RPP, MCIP, Director of Community Planning and Development
• Melisa Miles, Manager of Legislative Services
• Donna Petrie, Senior Manager of Communications & Economic Development
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Legislative & Protective Services
• Braden Hutchins, Deputy Chief Administrative Officer
• Darren Kiedyk, Chief Administrative Officer

Attachments:

• Attachment 1: Bylaw No. 2226