eSCRIBE Agenda Package - Municipality of North Cowichan

Report
Date
April 27, 2016
To
Council
From
Kyle Young, Assistant Manager of Planning and Subdivision
Subject
Zoning Bylaw Amendment Application No. ZB000032
Lots 2-4, Plan VIP89429 – Donnay Drive
Prospero No. ZB000032
Folio No. 09951-010, 09951-015, 09951-020
File No. 3360-20 16.02
Endorsed:
Purpose
The purpose of this report is to provide Council with information, analysis and recommendations
regarding a Zoning Bylaw Amendment application to rezone the subject property Residential Rural (R1)
Zone to a new comprehensive development zone.
Background
Property Details
The 2.65 ha subject property is comprised of three parcels (0.42 ha, 0.83 ha, 1.40 ha) and is located on
Donnay Drive north of the Maple Bay Elementary School (see ATTACHMENTS 1 & 2). The property is
located in the South End Growth Centre designated in the Official Community Plan (OCP) and zoned
Residential Rural (R1) in the Zoning Bylaw (ATTACHMENT 3).
The property was subdivided in 2012 from a larger 4.1 ha property. The property is currently vacant of
any buildings but does contain two shipping containers. There is a garbage and debris pile in the
southeast corner of Lot 4. A watercourse flows through the northwest portions of all three lots within a
drainage statutory right-of-way (SRW). The remaining mature trees on the property are generally
limited to the SRW. Site photos are included as ATTACHMENT 4).
Land Use Context
North:
South:
East:
West:
Quamichan Inn on Commercial Rural Hospitality (C7) zoned property
Donnay Drive, Maple Bay Elementary School and Municipal parklands (ball fields, playground)
Relatively large R1 zoned parcels (0.4-0.88 ha)
Relatively large R1 zoned parcel (1.4 ha)
Proposal
The applicant’s proposal is to rezone the subject property from R1 to a new comprehensive
development zone to facilitate a 29 lot subdivision. A letter from the applicant and a proposed
subdivision plan are included as ATTACHMENTS 5 and 6, respectively. The tentative subdivision layout
demonstrates the proposed subdivision layout but should this application be approved by Council, the
proposal could change at the subdivision application stage subject to the review and discretion of the
Approving Officer. As shown on the subdivision plan, the desire is to provide a range of housing
7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4
Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca
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options, including single-unit dwellings, single-unit dwellings with secondary suites, and two-unit
dwellings.
Discussion
Official Community Plan
The OCP contains the following policies which are relevant to this application
Policy 2.5.1.2(a) – Growth centres are the priority for development and infrastructure upgrades. The
Municipality will foster the establishment of commercial and other services within each growth centre.
Policy 2.5.2.1 – The Municipality recognizes the need for a variety of housing types (by size, type, tenure,
density and cost) integrated into a range of neighbourhoods in all growth centres, and especially for
housing types suitable for the aging population and young families.
Policy 2.5.2.5 – The Municipality will ensure that new residential development respects and complements
the character of the surrounding neighbourhood.
Policy 2.5.2.6(c) – The Municipality will encourage development of secondary suites and infill housing.
The Municipality will broaden the number of zones that permit secondary suites while ensuring adequate
provision can be made for on-site parking.
Staff has reviewed these policies and are satisfied that the proposal is consistent with the OCP. The
proposed mix of housing types presented in the subdivision plan represents an approximate density of
16 units per hectare.
Comprehensive Development Zone
There is no existing zone in the Zoning Bylaw that would provide the flexibility required to facilitate the
proposed subdivision and development, as presented.
The proposed Residential Two-Family
Comprehensive Development (CD12) Zone (see ATTACHMENT 7) would permit a range of housing
types depending on the area of a parcel. For example, although the proposed minimum parcel area is
450 m2, a minimum of 600 m2 would be required in order to permit either a single-unit with a detached
secondary suite (i.e. coach house or garden suite) or a two-unit dwelling. This type of flexibility in a
zone is consistent with OCP policies.
Form and Character
Generally speaking the Municipality does not dictate or control form and character or detailed design
elements on single family or two-unit dwellings. However, there are instances where specific
requirements are beneficial to ensure that a proposed development creates a positive influence on the
urban character of a neighbourhood. In this instance, given the classification of Donnay Drive as a
Major Collector road, as well as the proximity of the school, which generates significant traffic and
pedestrian volumes particularly during drop-off and pick-up times, it is important that any proposed
lots that will front on to Donnay Drive not have driveway access on to Donnay Drive.
7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4
Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca
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This is why a lane has been shown on the tentative subdivision layout, which would serve to provide
vehicular / garage access to those lots. In doing so, however, in some instances this results in a house
plan that is essentially ‘reversed’, where the front of the house faces the lane and the back of the house
then faces Donnay Drive. In addition, while the Zoning Bylaw establishes a maximum fence height of
1.2m (4’) for a front yard, because these home plans have been reversed, what is technically considered
the front yard, functionally becomes the rear yard, and quite often the builder and or future residents
construct significantly higher fences 1.8-2.0m (6’+), often in a variety of styles, at that front property line
in order to create privacy. The combination of these two elements (reversed floor plans and overheight fences) creates a very poor streetscape and public realm environment.
In order to prevent this Staff would recommend that Council require registration of a Section 219
covenant against the subject properties, prior to adoption of the bylaw, that would secure the following
development restrictions to be addressed at the subdivision and building permit stages for any lots
created through subdivision which front on to Donnay Drive:



Construction of a consistent fence (max. height 1.2m) along the frontage of all lots fronting on
Donnay Drive, including pedestrian gates for each lot, at the time of subdivision; and,
Requiring a house plan that provides for the façade that is facing Donnay Drive to appear as the
‘front of house’, including a front door access to the home facing towards and visible from
Donnay Drive, preferably with a front verandah / porch;
A direct concrete sidewalk connection from the front door to the public sidewalk on Donnay
Drive, at the building permit stage.
Watercourse
When the parent property was subdivided in 2012, a Riparian Areas Regulation (RAR) assessment
completed by a Qualified Environmental Professional was required in accordance with the Fish
Protection Act because of the watercourse that flows through the property. The resulting assessment
report established a 5 m wide Streamside Protection and Enhancement Area (i.e. riparian area) on either
side of the watercourse. As a condition of the subdivision, an environmental protection covenant was
registered on the titles of Lots 2-4.
The covenant protects the watercourse and its riparian area from any development and requires certain
measures to be implemented prior to any further development on the property (e.g. temporary fencing
and signage to indicate that this is an environmentally sensitive area). A Development Permit under
DPA-3 (Natural Environment) will, therefore, not be required in advance of a subdivision application.
Implications
Adoption of the zoning amendment bylaw would facilitate subdivision of the property into parcels
smaller than the 1,675 m2 minimum parcel area in the R1 zoning of the property, subject to meeting all
water, sanitary sewer, stormwater servicing and other subdivision requirements at the subdivision
application stage. Staff is supportive of the application, as the proposal is consistent with the OCP.
7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4
Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca
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Communications and Engagement
Should Council choose to provide 1st and 2nd readings to this bylaw, the application will proceed to the
Public Hearing stage, at which time the general public will be provided with an opportunity to have
input on the proposed Zoning Bylaw amendment. Neighbouring properties within a 60 m radius of the
subject property will be notified of this application and advertisements will be placed in the local
newspaper, as per the requirements of the Local Government Act.
Recommendation
That Council read a first and second time Zoning Amendment Bylaw (No. 2 – Donnay Drive), 2016, No.
3614.
Attachments:
1.
2.
3.
4.
5.
6.
7.
Location Map
Orthophoto
Zoning Map
Site Photos
Proposal Letter
Proposed Subdivision Plan
Bylaw 3614
7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4
Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca
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LOCATION MAP
Lots 2-4, Plan VIP89429
Donnay Drive
DATE:
April 26, 2016
TYPE:
Zoning Bylaw Amendment
FILE #:
ZB000032
SCALE:
1:10,000
ATTACHMENT #19
q
ORTHOPHOTO
Lots 2-4, Plan VIP89429
Donnay Drive
DATE:
April 26, 2016
TYPE:
Zoning Bylaw Amendment
FILE #:
ZB000032
SCALE:
1:2,000
ATTACHMENT #2
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ZONING MAP
Lots 2-4, Plan VIP89429
Donnay Drive
DATE:
April 26, 2016
TYPE:
Zoning Bylaw Amendment
FILE #:
ZB000032
SCALE:
1:10,000
ATTACHMENT #3
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ATTACHMENT #4
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13
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ATTACHMENT #5
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ATTACHMENT #6
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The Corporation of the District of North Cowichan
Zoning Amendment Bylaw (No. 2 - Donnay Drive), 2016
Bylaw 3614
The Council of The Corporation of the District of North Cowichan enacts as follows:
1
“Zoning Bylaw 1997”, No. 2950, is amended
(a) in section 43 by adding “Residential Two-Family Comprehensive Development Zone
(CD12)”, and
(b) by adding the following section after 80.11:
RESIDENTIAL TWO-FAMILY COMPREHENSIVE DEVELOPMENT ZONE (CD12)
Permitted Uses
80.12 (1)
The permitted uses for the CD12 zone are as follows:
Accessory Dwelling Unit, Coach House
Accessory Dwelling Unit, Garden Suite
Assisted Living
Community Care Facility
Limited Home-Based Business
Secondary Suite
Single-Family Dwelling
Supportive Housing
Two-Family Dwelling
Minimum Lot Size
(2)
The minimum permitted lot size for a two-family dwelling or a
single-family dwelling with an accessory dwelling unit in the CD12
zone is 600m2.
(3)
The minimum permitted lot size for a single-family dwelling or a
single-family dwelling with a secondary suite in the CD12 zone is
450m2.
Minimum Frontage
(4)
The minimum permitted frontage in the CD12 zone is as follows:
(a)
with public lane access, 13.5 m;
21
(b)
without public lane access, 15.0 m
Density
(5)
The permitted density for the CD12 zone is as follows:
(a)
The number of dwelling units must not exceed two;
(b)
The maximum permitted floor space ratio must not exceed
(c)
(i)
0.5:1 for one residential building; or
(ii)
0.65:1 for two residential buildings;
The size of the accessory dwelling must not exceed 90 m2.
Maximum Lot Coverage
(6)
The maximum permitted lot coverage for the CD12 zone is as
follows:
(a)
35% for principal buildings,
(b)
40% for all buildings and structures combined, except
where an accessory building contains a dwelling unit, the
maximum permitted lot coverage may be increased to
45%.
Minimum Useable Exterior Amenity Space
(7)
The useable exterior at-grade amenity space for the accessory
dwelling unit must not be less than 40 m2 and must be
immediately adjacent to and accessible from the entry of the
dwelling unit.
Minimum Setbacks
(8)
The minimum permitted setbacks for the CD12 zone are as
follows:
(a)
Principal Buildings:
Yard, Front, 5.0 m
Yard, Side, 2.0 m
Yard, Side when adjacent to a lane or highway, 3.0m
Yard, Rear, 7.5 m
(b)
Accessory Buildings and Structures, excluding fences:
Yard, Front, 5.0 m
Yard, Side, 1.5 m
Yard, Rear, 1.5 m
(9)
The minimum permitted setback for any garage door or carport
for a principal or accessory building facing a public road other
than a lane is 5.8m.
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Maximum Building Height
(10)
The maximum permitted building heights for the CD12 zone are as
follows:
(a)
Principal Building, 9.0 m;
(b)
Accessory Building with Coach House over parking garage,
7.5m;
(c)
Accessory Dwelling Unit, Garden Suite, 5.0 m;
(d)
Accessory Building with no Coach House, 5.0 m.
Maximum Eaveline Height
(11)
The maximum permitted eaveline height for a building containing
an accessory dwelling unit, coach house is 5.5 m.
Conditions of Use
(12)
The conditions of use for the CD12 zone are as follows:
(a)
(b)
Assisted Living, Supportive Housing, and Community Care
Facilities may be permitted provided that
(i)
the number of residents does not exceed three, and
(ii)
the use is within the principal building only;
No fences are permitted over:
(i)
1.2 m in height in the required yard, front or yard,
rear;
(ii)
1.8 m in height in the required yard, side;
(c)
Driveway access must be shared by both the principal
building and accessory building;
(d)
If a lane exists, all site parking must be accessed from the
lane and not from the street.
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2
Schedule “C” of “Zoning Bylaw 1997”, No. 2950, is amended by reclassifying from
Residential Rural Zone (R1) to Residential Two-Family Comprehensive
Development Zone (CD12), Lots 2, 3 and 4, Section 3, Range 3, Comiaken District,
Plan VIP89429 (PID: 028-868-625, 028-868-633, 028-868-641), shown as “Subject
Properties” and outlined in bold on the Schedule attached to and forming part of
this bylaw.
_______________________
READ a first time on
READ a second time on
CONSIDERED at a Public Hearing on
READ a third time on
ADOPTED on
CORPORATE OFFICER
PRESIDING MEMBER
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Schedule
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