City of Colwood Minutes of the Planning and Land Use Committee Meeting

Transcription

1 City of Colwood Minutes of the Planning and Land Use Committee Meeting File: Date: PLA at 7:00 pm Committee Adoption: To Council: PRESENT ATTENDING REGRETS Chair Member Director of Planning Deputy Director of Planning Municipal Engineer Fire Chief Planning Assistant I Member Councillor Gordie Logan Councillor Judith Cullington Nigel Giuliany Mayor David Saunders Simon Lawrence Alan Haldenby Michael Baxter Russell H. Cameron Louise Gordon Ron Coutre 1. APPROVAL OF THE AGENDA MOVED BY: MEMBER NIGEL GIULIANY That the agenda be approved as presented. 2. ADOPTION OF MINUTES CARRIED. MOVED BY: COUNCILLOR JUDITH CULLINGTON That the Minutes of the Planning and Land Use Committee meeting of be adopted as presented. 3. OLD BUSINESS No old business to discuss. City of Colwood 3300 Wishart Road Colwood BC V9C 1R1 P: F: E: planning@colwood.ca Web:

2 Minutes of the Planning and Land Use Committee Meeting Page 2 of NEW BUSINESS 4.1. Report Simon Lawrence, Director of Planning Development Variance Permit-DVP Fulton Road Gary McInnis-Peter and Penny Ogilvie-Smith ( /16818) Simon Lawrence, Director of Planning informed the Committee that the owners wish to subdivide the property into two fee-simple single family residential lots. A development variance permit is requested to vary s (3) of the Land Use Bylaw by reducing the minimum permitted lot width from 16 metres (52 feet) to 8.5 metres (27.8 feet). He added that the existing lot is an odd-shaped parcel that would be difficult to subdivide other than proposed and that the main purpose of the lot width requirement is to ensure there is a building envelope adequate in size and shape for a new house to be built. The variance would apply to the new residential lot which would be accessible from Karger Terrace while the existing house on the Fulton Road side of the property would maintain its separate access. A letter of support was submitted from the owners of 3447 Karger and an agreement has been reached with the owner of 3446 Karger as follows: 1. the house setback from the metre property line is to be not less than 5.5 metres (18 feet), as shown on the plan of subdivision; 2. the highest point of the new structure shall not exceed that of the existing top of the terrace on the main floor of the structure built on Lot 14 (3446 Karger Terrace) or metres as shown on the sketch; and 3. there shall be no mechanical equipment installed on the roof of the structure to be built on the proposed Lot B. Gary McInnis, applicant, said he agreed with the staff report. Domenico Greco, 3461Blue Sky Place confirmed with staff that the property in question is a half acre in size and can be subdivided into two separate lots. Member Nigel Giuliany commended the applicant for engaging the surrounding residents. He confirmed with the Director of Planning that the lot width is the distance between side lot lines measured at right angles to the lot depth and ten metres from the front lot line. Councillor Judith Cullington commended the applicant for their efforts in engaging the surrounding residents. She confirmed with staff that there will be sufficient off-street parking complying with the R1 zoning, that there are no issues expected with the environmental review, and a permit expiry date of 120 months will allow the developer more time as well as protect the property owners adjacent to the development.

3 Minutes of the Planning and Land Use Committee Meeting Page 3 of 10 Mayor David Saunders requested that a covenant be registered on title with respect to the agreement with the neighbour. MOVED BY: COUNCILLOR JUDITH CULLINGTON That it be recommended to Council: That Development Variance Permit DVP-01-10, to be in effect for 120 months, be authorized for issuance subject to: 1. the house setback from the metre property line to be not less than 5.5 metres (18 feet), as shown on the plan of subdivision; 2. the highest point of the new structure shall not exceed that of the existing top of the terrace on the main floor of the structure built on Lot 14 (3446 Karger Terrace) or metres as shown on the sketch; 3. no mechanical equipment to be installed on the roof of the structure to be built on the proposed Lot B; and 4. that a covenant be registered against the title of proposed Lot B at the time of subdivision approval with respect to conditions 1, 2 and 3. CARRIED Report Alan Haldenby, Deputy Director of Planning Development Variance Permit-DVP Blue Sky Place Dave Smith, Focus Corporation-Phoenix Estates Ltd. ( /16821) Alan Haldenby, Deputy Director of Planning informed the members that an application is being presented to Committee for a recommendation to Council relative to authorizing the issuance of a Development Variance Permit. The application is requested to facilitate a single family residential subdivision creating 16 lots, consisting of 5 lots with fee-simple ownership fronting on Fulton Road and 11 bare-land strata lots fronting a private road accessing Blue Sky Place. The vacant site is deemed to be the highest point of land in Colwood and was consequently developed as a Fire Command Post by the military in 1941 as part of the coastal defense system. The deteriorated concrete bunkers that exist on the property will be demolished prior to development. The proposed subdivision is consistent with the intent of the Hillside-Shoreline Controlled Growth Area OCP land use designation and a Development Permit Application for environmental evaluation is currently being reviewed by the Planning Department.

4 Minutes of the Planning and Land Use Committee Meeting Page 4 of 10 The variances from the Land Use Bylaw being sought by the applicant for the purposes of optimizing building locations and maximizing the potential size of homes are summarized as follows: 1. The minimum lot frontage of 16 metres is proposed to be varied to: 8.5m for Strata Lot m for Strata Lot 8 7.3m for Strata Lot The maximum allowable lot coverage of 35% of the lot is proposed to be increased to 40% for Strata Lots 9 and The maximum building height of 8.5m is proposed to be increased to 11.5m for Strata Lots 6, 7, 8, 9 and The minimum required front yard setback of 7.5m is proposed to be decreased to 4.5m for Strata Lots 1 to 5 and 7 to 10, with a further relaxation down to 1.0m for garages blasted into the bedrock at the street on SL s 9 and The minimum required front yard setback of 7.5m is proposed to be reduced to 6.0m for Strata Lot The minimum required interior side yard setback of 3.0m is proposed to be decreased to 1.5m for all lots within the subdivision. 7. The minimum required flanking side yard setback of 6.0m is proposed to be reduced to 3.0m for Strata Lot 7 and 4.5m for SL s 9 and The minimum required rear yard setback of 7.5m is proposed to be decreased to 4.5m for fee-simple Lots 1 to 5 at Fulton Road. 9. All buildings are proposed to be exempted from compliance with the Floor Area Ratio (F.A.R.) of 0.4 as well as the maximum gross floor area of 350 m 2 currently imposed in the R1 zone. In addition to the zoning variances discussed above, the Applicant requests an exemption from compliance with Fire Underwriter Survey (FUS) water flow standards required in the Subdivision and Development Bylaw with the intent to instead coordinate with the CRD Water Services Department to determine achievable flows. The Fire Department determined from information provided if allowing setback variances and or increased lot coverage is appropriate. They encourage the applicant to provide the fire flow information before proceeding with the variance and states that they will not support the requested variances request for reduced fire flows for the reasons contained in their comments. The consensus being that it would be irresponsible and dangerous if any structure is permitted with a less than adequate

5 Minutes of the Planning and Land Use Committee Meeting Page 5 of 10 water supply for fire protection, particularly in the location proposed at the top of a hill subject to regular weather and wind patterns. Alan Haldenby informed members that a meeting was held recently between the Mayor, staff, the applicant and the CRD Water Services to discuss options for infrastructure improvements, but no compromise was reached. The CRD submitted a revised response which was provided at the meeting. Applicant Dave Smith of Focus Corporation presented a detailed PowerPoint presentation describing the property as being topography challenging, with uninterrupted views. The homes will be designed to provide the optimal comfort and quality living area. The Fulton Road side of the property is the lowest level, where Lots 1-5 are sited, and the highest level provides the siting for Strata Lots Mr. Smith advised that the application has been changed to incorporate a limit of 600 sq. metres for gross floor area on larger lots rather than having floor area remain unlimited. The development is to include a featured entrance with an automated gate, and a hammerhead cul-de-sac suitably designed to the site topography. Site servicing and blasting will all take place during the initial development stage. Ian Sanders, Engineer with Focus Corporation, explained that many of the variances are technical in nature and result from working with the terrain. The developer intends to work closely with the City and the CRD. Sprinklering all of the houses is agreeable if the CRD requirements are not achievable. Dave Smith explained that their client has owned the property for 19 years and wishes to combine its development potential under current zoning with the extraordinary views. Susan Ticknor, 3459 Fulton Road, expressed her concerns about the risk of property damage from the blasting adding that there have been numerous occasions where boulders have fallen from the bluff below Blue Sky Place. Bill Wagner, 3451 Fulton Road, expressed his disappointment about the short delay in notifying the surrounding residents of the meeting. He felt that the beautiful piece of property should only hold 7 to 8 homes and that the proposed 16 lot development is a shocking concept, representing a textbook case of real estate greed. He stated it is unethical for any developer to even consider putting in a new subdivision without having proper waterflow. He requested the Committee reject the application. Scott Ticknor, 3459 Fulton Road, compared the development to the Westhills development in Langford and noted that the developer is taking advantage of the zoning. He stated that the development is not a good development as it does not fit in with the surrounding neighbourhood, and feels that the developer has shown no regard to the surrounding neighbours. He agreed that the water flow on Triangle Mountain is poor and reminded everyone of the old growth trees located on the property.

6 Minutes of the Planning and Land Use Committee Meeting Page 6 of 10 Ed Pitcher, 3452 Blue Sky Place, confirmed that there will be a 1.5 metre distance between homes, a 3 metre setback for Lot 2 and that the driveways will come off of the common property. He felt that the variances basically provide no driveways to the home to accommodate vehicles. He questioned the manoeuvrability of emergency vehicles through the development. He states he knows the property owner and feels that he is honest, upright and has faith in him. He also agreed that the development is not violating any zoning regulations but requested that Colwood should consider amending the bylaw pertaining to lot and house size. He requested that the process be fair and show consideration to the surrounding area and residents. Catrin Brown, 3449 Blue Sky Place, described the development as a high density development that will be in plain view of the surrounding properties. She noted that the developer will receive high profit, and the City will receive a higher tax base, but the truly natural historical value and scenic view from the surrounding neighbourhood will be lost. Mike McDougal, 3443 Fulton Road, confirmed with the applicant that the duration of the servicing is estimated to take approximately 4 to 5 months. He reminded members of the cliff and intrusive terrain of the property. He questioned whether the 4.5 meter variance will provide enough access along the frontage area and if there will be sufficient area for parking because of issues that may arise from secondary suites being permitted in the new homes. Dr. Richard Turner, 3555 Sunhills, expressed his concern that blasting insurance may not be satisfactory in the event that a large boulder or a portion of an existing retaining wall gives way on property next to his. He questioned if there is any relationship between this application and an adjacent application for development in the same area. Gerry Kelly, 816 Glassview Lane, suggested that issues regarding parking should be expected. He informed the Committee that there is a problem with parking on Haida Drive because of the secondary suites. He suggested that a timeline for development stages such as blasting and completion be considered and regulated. He stated that the property is a beautiful piece of land. He expressed his disappointment that the City did not in the past, or cannot now, acquire the property but requested that a development be considered that is responsible. Domenico Greco, 3461 Blue Sky Place, calculated that the 16 building lots could possibly result in approximately 20 children with nowhere to play because there is no greenspace within the development. He hoped that the property could be kept as a historical site for everyone to enjoy. Karen Zanetti, 3472 Blue Sky Place, felt that the site should receive some sort of historical recognition. She suggested that the development be restricted to a maximum of 4 to 6 homes. She questioned what type of development would have been permitted if the application was made 19 years ago and that members consider a development that is more responsible. She expressed her interest in purchasing the property.

7 Minutes of the Planning and Land Use Committee Meeting Page 7 of 10 Lorna McCubbin, 3464 Blue Sky Place, described the setting as being truly supreme, requesting that it not be over-developed. Michel Fournier, 3471 Blue Sky Place, did not approve of the notification process and requested that it be reviewed. Laverne Cherry 3453 Blue Sky Place, asked members to consider the impact the development will have to the natural habitat and quality of life. She also reminded them that, if the application is approved, they may regret their decision. Ann Kelly, 816 Glassview Lane, stated that the development is unethical and project is based on greed. Edward Zanetti, 3472 Blue Sky Place, noted the proposed development does not appear to be consistent with the Official Community Plan in regard to environmental protection guidelines. Alan Haldenby confirmed that the proposal is consistent with the OCP with respect to land use and density, reiterating that environmental aspects will be reviewed in connection with a Development Permit application. Scott Ticknor, 3459 Fulton Road, noted that the City should ensure that residents receive adequate notification. Susan Ticknor, 3459 Fulton Road questioned if the developer or the blasting company will be responsible for any of the damages caused to the surrounding homes during the 4 to 5 months blasting period. She stated her concerns about the increased traffic, and the impact the development will have to the community and to their privacy. Gerry Kelly, 816 Glassview Lane, informed members of an incident where blasting occurred over a 2-3 month period and it was up to the homeowner to prove the damage to their home was from the blasting. Michel Wagner, 3451 Fulton Road, acknowledged that the developer is a member of the Planning and Land Use Committee and has acquired a great deal of knowledge when it comes to developing because of his involvement with local government. He questioned if the relationship could be considered as a conflict of interest and described the development plan as disastrous. Chair, Councillor Gordie Logan replied that the members and staff are obligated to follow a due process and in no way will be influenced by who submits an application regardless of the applicant s relationship to the City. Roy Feltham 3466 Fulton Road, stated he owns Lot 3, Glassview Lane and that was where the notice of meeting was sent to, but Lot 3 is a vacant lot. He told the

8 Minutes of the Planning and Land Use Committee Meeting Page 8 of 10 Committee that his neighbour informed him of the meeting. He requested that the Committee deny the variances. Karen Zanetti, 3472 Blue Sky Place, informed the Committee that she will hold them to their word in regard to impartial consideration of the application. Jim Coates, 3433 Blue Sky Place, confirmed with the applicant the approximate amount of rock to be blasted. He explained that according to his calculations, 8 vehicle movements per day multiplied by 11 strata lots is unacceptable and will severely impact the traffic in the area. He suggested that the Land Conservancy be approached to purchase the property or that Colwood consider buying it back from the developer in order to preserve it as a National Historical site. Steve Trafton, 3470 Fulton Road, confirmed that the development will be paying towards sewers in the area. He inquired if there are sufficient regulations in place to deal with runoff. Michael Baxter, Municipal Engineer stated that, because of the steep terrain and rapid runoff the City will exercise caution in dealing with drainage issues. Alan Archibald, 3468 Blue Sky Place, questioned why the current bylaws are being ignored. Laverne Cherry, 3453 Blue Sky Place, presented a petition to Committee outlining their concerns. Mayor Dave Saunder explained that he is dissatisfied with the quality of fire flow to the area and that the CRD Water Services is and has been aware of the situation since He agreed that there is clearly an issue with the fire flow and stated that during recent talks, the developer expressed his desire to help rectify the problem. He added that a fire flow evaluation has been requested from CRD three times but nothing has been done as yet. Fire Chief Russell Cameron explained the high level of attention he has given to the Triangle Mountain fire flow issue in the past and present. He noted that a bylaw was adopted appointing the CRD responsible for providing a water supply that meets all requirements. He had been told that there was sufficient water volume and pressure, but even with the reservoir and new pump station, it is evident that the vast majority of improved areas such as Cuaulta Crescent, Blue Sky Place, Bexhill Road and portions of Sewell Road are poorly serviced. He informed the room that Councillor Gordie Logan and himself have been very passionate about the issue for many years and have actively lobbied the CRD to have the issue resolved. Ed Pitcher, 3452 Blue Sky Place, agreed that the application should be considered if the variances are permitted.

9 Minutes of the Planning and Land Use Committee Meeting Page 9 of 10 Member Nigel Giuliany stated that every applicant has the right to be considered. The property is zoned R1 and conforms to the average required lot size of 695 sq. metres or larger. He agreed that the fire flow is a serious matter and should be resolved to the satisfaction of the Fire Chief. Councillor Judith Cullington agreed that the site would permit a 16 lot subdivision with the common strata lots, and acknowledged that the site is permitted to be subdivided and will possibly receive approval at some point. She agreed that the building size compared to the lot size is of some concern and would be more suitable for larger sized lots and would like to see a natural walkable connection between Blue Sky Place and Fulton Road incorporated. She acknowledged that the owner has created some great developments elsewhere but felt that this development does not fit the site. If the developer considered selling the property it would be no less than the fair market value and she did not think the Land Conservancy would be able to purchase the property accordingly. She confirmed that an environmental study is under review and that, although there are no concerns flagged by the Sensitive Ecosystems Inventory at this time, it is recognized the area represents potential habitat for the sharp-tailed snake which is considered an endangered species. She agreed that the application should not be approved at this time until the fire flow issues have been resolved. Mayor Dave Saunders stated that the city cannot deny development of the site because it is compliant with the existing zoning and that there are a number of existing subdivisions that contain similar lot sizes and secondary suites in the Royal Bay, Sewell Road and Claudette Court areas. He agreed that the applicant should have engaged the surrounding residents more, adding that the applicant has considerable integrity, has always made his intentions to develop the property known, and has done a great deal to help the City in a variety of ways. Mayor Saunders noted that blasting is a common concern when developing and the city has very strict bylaw requirements recommending that surrounding residents take advantage of the required pre-blast survey. The Mayor commended the Fire Chief and Councillor Logan for their continuing fight to resolve the dangerous conditions concerning lack of fire flows. He stated that, although he is concerned about the 16-lot proposal for the site, he does support the application. He acknowledged that the notification process worked to a certain degree because of the number of people out to express their concerns. He confirmed that he would inform the applicant that a neighbouring resident expressed interest in purchasing the property. Chair, Councillor Gordie Logan, recognized the disappointment felt by surrounding residents when a development occurs in their community. He agreed that the 16-lot development is permitted, but that this is not a perfect plan and could use some improvement. He always encourages the developer to engage in public consultation and respond in kind. He does not support an unlimited floor area ratio and shares concern with the CRD Water Services not recognizing the municipal standards with respect to the water issue creating a huge impact on the application. He established that more discussion is warranted.

10 Minutes of the Planning and Land Use Committee Meeting Page 10 of 10 Councillor Judith Cullington confirmed that issues regarding the environmental impact will be reviewed at the Development Permit process considering the current plan and a simpler plan of 4 to 8 lots with conforming driveways should be considered. MOVED BY: COUNCILLOR JUDITH CULLINGTON THAT a decision concerning Development Variance Permit No. DVP be POSTPONED until such time as: 1. the applicant engages the residents surrounding the development area in discussion of his development designs and process; and 2. the matter of adequate fire flows to the property is resolved to the satisfaction of the City. 5. NEXT MEETING DATE CARRIED. That the next Planning and Land Use Committee meeting scheduled for 7:00 p.m. Tuesday, is to be cancelled because of another conflicting meeting requiring the presence of Council members. The next meeting is therefore scheduled for 7:00 p.m. Tuesday, , or at the Call of the Chair, at Colwood City Hall, 3300 Wishart Road. CARRIED. 6. ADJOURNMENT MOVED BY: MEMBER: NIGEL GIULIANY That the Committee rise at 10:00 p.m. and report progress to the Regular Meeting of Council scheduled Monday, at 7:00 pm. CARRIED. CERTIFIED CORRECT APPROVED AND CONFIRMED Planning and Land Use Committee Meeting