Staff Report to Sustainable Development Advisory Committee — Z23-0001 (3405 Happy Valley Road Rezoning)

Site and Surrounding Area

The subject property is approximately two acres in size and located to the east of Happy Valley Road. The site is predominately treed, with a detached two-family dwelling fronting Happy Valley Road. The applicant has submitted an arborist report with their application that will be discussed later in this report. The surrounding neighbourhood is made up of predominately single-family homes on lots varying in size. Vision Way will be extended through the subject property to the south property line.

Happy Valley Elementary School is located approximately 500 m away, on Happy Valley Road and Marwood Avenue. School District No 62 has been made aware of this application such that they can consider the proposed increase in density in this area as part of their long-range facility planning.

The Galloping Goose Regional Trail is located on the east side of Happy Valley Road with an access on Marwood or Englewood Avenue.

Table 2: Surrounding Land Uses

Council Policy

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 1200 designated the subject properties as Neighbourhood, which is defined by the following text:

• Existing settled areas throughout the community predominantly located on the valley floor.
• 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
• Home-based businesses, live-work housing is encouraged
• 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.

The Neighbourhood OCP designation has an overall density objective of 16 units per acre. The proposal put forward by the applicant equates to approximately 7 units per acre, well within the objective. The Neighbourhood area also calls for small lot subdivision and clustered densification in established areas, which is achieved through this proposal.

SOUTH LANGFORD NEIGHBOURHOOD PLAN (SLNP)

The South Langford Neighbourhood Plan designates 3405 Happy Valley Road as Large Lot Residential. This designation calls for a maximum density of 4 units per acre. As noted above, the applicant’s proposal has a density of 7 units per acre which does not meet the definition of Large Lot Residential within the South Langford Neighbourhood Plan.

Council may wish to note that the South Langford Neighbourhood Plan precedes the City’s Official Community Plan. At the time, the SLNP was retained within the design guidelines as a reference. Council may wish to note that zoning is required to comply with the OCP but is not required to comply with the design guidelines (including the SLNP).

DEVELOPMENT PERMIT AREAS

The subject property is located in the Potential Habitat and Biodiversity Area and will require an Environmental Assessment completed by a registered professional biologist as part of the development permit application, should this rezoning be approved. A development permit will also be required to address the Intensive Residential design guidelines, prior to Subdivision Approval.

LOW CARBON CONCRETE

In accordance with Council’s Low Carbon Concrete Policy POL-0167-PLAN, Council may wish to require the applicant to utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data for the construction of the proposed development.

COMMENTARY

DEVELOPMENT PROPOSAL

The applicant is seeking to rezone 3405 Happy Valley Road to the RS1 (Residential Small Lot 1) zone to allow for the development of 13 single-family homes and a larger ~0.37 ha lot containing the existing detached duplex. The proposed 13-lot subdivision is within the eastern portion of the subject property and will access via an extension to Vision Way. The lot containing the existing detached duplex is within the western portion of the subject property, and will continue to utilize the existing driveway from Happy Valley Rd. This larger lot is included within the proposed rezoning application, so it could be developed in a similar as the eastern portion of the property at a later date.

The single-family lot sizes proposed as part of this application are all at least 200 m2, in accordance with the RS1 zone regulations. The applicant’s current proposal demonstrates a driveway and garage which can accommodate two vehicles. These details would be confirmed in the required form and character development permit and checked again at the time of building permit. The single-family homes do not require any variances to the requirements of the zone, and each provide ample backyard space with depths of 5.5 m. Council may wish to request that the applicant register a Section 219 Covenant securing that the garages of the new-build single-family homes are not used for storage in a manner that prohibits the parking of vehicles.

Council may wish to note that secondary suites are permitted over 400m2 lots however none of the lots proposed are over the minimum lot size.

In accordance with section 510(5) of the Local Government Act, the Parks, Recreation and Facilities department prefers to receive 5% parkland dedication instead of cash-in-lieu as the proposed parkland is located adjacent to previously obtained parkland dedication. Council may wish to request that the applicant register a Section 219 covenant requiring the parkland be dedicated to the City prior to subdivision approval.

The applicant has submitted an arborist report, which is attached to this report for reference, assessing all trees on and off site that may be impacted to determine their potential for retention. The arborist assessed a total of 109 trees. Of these, 95 trees are proposed for removal due to their health and/or location with respect to the proposed development. 7 trees of these trees are located within the proposed park dedication, however all 7 have been recommended for removal for hazard mitigation purposes. The removal of the trees on this property is subject to the requirements of the Environmental Development Permit. The arborist's report lays out tree protection plan requirements, which should be implemented in accordance with the requirements of Bylaw No. 1000 prior to the commencement of work on-site in relation to any tree within the proposed park that the Director of Parks, Recreation and Facilities confirms to be retained in addition to the 7 trees identified for retention in the report. Additionally, construction fencing should be installed on the border of the proposed park and remainder of the property to mitigate construction impact to the satisfaction of the Director of Parks, Recreation and Facilities.

New boulevard tree plantings, replacement tree plantings and other park improvements required by Bylaw No. 1000 can be provided within the dedicated parkland as required by the Director of Parks, Recreation and Facilities as part of the subdivision process. The preliminary landscape plan is attached to this report as Appendix A, indicating the anticipated type and location of new trees.

As the proposed strata road is less than 90 meters, no two-point turnaround is required; however, the proposed extension of Vision Way exceeds 305 meters, which is the maximum distance of a public road without a second route available to emergency vehicles. Due to this, the applicant will require a variance prior to Subdivision Approval. This variance is an interim solution until the road can be extended as part of a future redevelopment of the adjacent property to the south, and connect to the other portion of Vision Way, which intersects with Happy Valley Rd. The Fire Chief has indicated that he does not object to the variance, provided that the temporary two-point turnaround can accommodate fire trucks’ movements.

Table 3: Proposal Data

Multi-Modal Network

BC Transit bus stops are located near the development site, and provide service to Routes 48, 54, 55, and 64 to the Langford Exchange and Metchosin. Most of these routes only run once per hour or two, with increased service during peak commuting hours. It’s anticipated that as the population in this neighbourhood grows, transit service will improve.

As per the site plan, driveway access to the single-family homes will occur off Vision Way. The Director of Engineering has noted that no Traffic Impact Assessment is required, and the property falls inside of the 800 m highway buffer which will require Ministry of Transportation and Infrastructure approval. The Ministry has indicated that they have no objections with regards to this application.

Infrastructure

STORMWATER MANAGEMENT

The applicant will be required to provide a stormwater management plan to the satisfaction of the Director of Engineering prior to the issuance of a building permit or subdivision approval, whichever is first. As part of their application, the applicant has submitted a stormwater technical memo outlining how they plan to adequately manage stormwater on-site. This memo has been reviewed and approved by the Director of Engineering.

SEWER

A sewer main exists within Happy Valley and Vision Way fronting this site. The developer will be required to connect new development to the main, through approved civil drawings. Any sewer works within dedicated road right of ways will be constructed by West Shore Environmental Services at the applicant’s expense.

ROAD DEDICATION

The applicant has proposed road dedication of approximately 3 metres in width along Happy Valley Road. The exact amount of road dedication along Happy Valley Road still needs to be determined and dedicated prior to bylaw adoption, to the satisfaction of the Director of Engineering.

FRONTAGE IMPROVEMENTS

The proposed extension of Vision Way will require full frontage improvements prior to issuance of a building permit or subdivision approval, whichever is first. Additionally, Happy Valley Road at this location will require full frontage improvements however Council may wish to require the applicant to register a section 219 covenant prior to bylaw adoption that ensures the applicant constructs the frontage improvements along Happy Valley Road prior to subdivision of “Proposed Lot A”.

NEIGHBOURHOOD IMPACT

POTENTIAL NUISANCES

As has been past practice in this neighbourhood, Council may wish to require the applicant to provide a Section 219 Covenant registered on title prior to Bylaw Adoption that provides future landowners with the understanding that a variety of agricultural uses and the South Vancouver Island Rangers gun range are located within close proximity of the site, that these pre-existing uses may result in general nuisances, and that future landowners understand and accept the potential disruption to their residential occupancy of the site.

CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN

Council may wish to require a Construction Parking and Traffic Management Plan as a condition of rezoning and require that it be provided to the satisfaction of the Director of Engineering prior to any land alteration. This should be secured within a covenant, prior to Bylaw Adoption.

Neighbourhood Consultation

The applicant has stated they will be sending letters to the surrounding neighbours of this development and will be completed prior to the Sustainable Development Advisory Committee meeting.

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 the current floor plans and total density of 13 single-family homes.

Table 4 – Amenity Contributions per Council Policy

Table 5 - Development Cost Charges

As noted, the larger lot containing the existing detached duplex, while not proposed to be subdivided at this time, will have subdivision potential under the proposed RS1 Zone. If and when this lot subdivides in the future, additional amenity contributions and DCCs will be required at that time.

LEGAL IMPLICATIONS

Should Council choose to proceed with consideration of this rezoning, a Public Hearing will be scheduled in accordance with the requirements of the Local Government Act.

The amenity contributions specified in Table 4 above are incorporated into a bylaw, 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 the Sustainable Development Advisory Committee recommend that Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of 3405 Happy Valley Road from the Rural Residential (RR2) zone to the Residential Small Lot 1 (RS1) zone subject to the following terms and conditions:

a. That the applicant provides, as a bonus for increased density, the following contributions per lot, prior to the issuance of a building permit:

i. $660 towards the Affordable Housing Reserve Fund per lot under 550m2; and
ii. $3,960 towards the General Amenity Reserve Fund per lot under 550m2;

b. That the applicant registers, prior to Bylaw Adoption, a road dedication plan, 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 the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a building permit or subdivision approval, whichever is first:

1. A storm water management plan; and
2. A construction parking management plan.

ii. That full frontage improvements along the extension of Vision Way will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a building permit or subdivision approval, whichever is first.

iii. That full frontage improvements along Happy Valley Road will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to subdivision approval of “Proposed Lot A”.

iv. That a separate covenant be registered prior to issuance of a building permit for the proposed development agreeing that the garages are to be used for the parking of vehicles and not the storage of items preventing the parking of vehicles therein.

v. That, prior to commencement of work, tree protection measures inclusive of tree protection fencing are implemented to protect the trees identified for retention in the arborist report, and as confirmed by the Director of Parks, Recreation and Facilities with respect to the dedicated parkland, throughout the construction period;
vi. That, prior to commencement of work, construction fencing is installed to delineate the dedicated parkland from the remainder of the property to the satisfaction of the Director of Parks, Recreation and Facilities throughout the construction period;
vii. That 5% of the lot area be dedicated as parkland and any improvement including hazard tree mitigation, replanting, invasive removal, and other improvements are completed under the supervision of a Registered Profession Biologist and to the satisfaction of the Director of Parks, Recreation and Facilities prior to subdivision approval;

viii. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type III Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value;

AND

2. Direct staff to provide notice that Council will consider issuing a Development Variance Permit for the property at 3405 Happy Valley Road with the following variance:

a. That Section 4.17.1 of the Subdivision and Development Servicing, Bylaw No. 1000, be varied to increase the minimum length of road requiring two access routes available to emergency vehicles from 305 m to 370 m, subject to:

i. That a temporary turnaround is constructed and secured to the satisfaction of the Fire Chief, prior to subdivision approval.

OR Option 2

That the Sustainable Development Advisory Committee recommend that Council take no action with respect to this application to rezone 3405 Happy Valley Road until such time as the following items are addressed and reviewed by the Sustainable Development Advisory Committee:

1. ________________;
2. ________________;
3. ________________;

SUBMITTED BY: Matt Notley, Planner I

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Concurrence:
Donna Petrie, Senior Manager of Business Development and Events
Concurrence:
Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Marie Watmough, Deputy Director of Corporate Services
Concurrence: Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer

---

Appendices

Appendix A – Landscape Plan

Appendix B – Site Plan

Appendix C – Site Map

Appendix D – Location Map