TOWN OF VIEW ROYAL PUBLIC HEARING REPORT (Zoning Bylaw Amendment for 110 High Street)
Staff report recommending a rezoning from R-1 to R-2 to allow for the construction of a duplex.
TOWN OF VIEW ROYAL PUBLIC HEARING REPORT
TO: Council
DATE: August 26, 2022
FROM: S. Scory, RPP, MCIP, Community Planner
MEETING DATE: September 6, 2022
ZONING BYLAW NO. 900, 2014, AMENDMENT BYLAW NO. 1104, 2022 TO AMEND THE R-1B ZONE WITH REGARD TO 110 HIGH STREET
RECOMMENDATION:
THAT, should Council proceed with readings, a covenant be registered concurrent with fourth reading of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 to secure the provision of a community amenity contribution of $4,000 per residential unit prior to building permit issuance.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
DIRECTOR OF CORPORATE SERVICES’ COMMENTS:
I concur with the recommendation.
DIRECTOR OF ENGINEERING’S COMMENTS:
I concur with the recommendation.
PURPOSE OF REPORT:
The purpose of this report is to summarize the information for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 and to recommend a covenant to secure a community amenity contribution.
BACKGROUND:
This rezoning application for 110 High Street addresses zoning issues of land use, density, and standards for lot coverage, percentage of impervious surface, and the height and siting of buildings.
The 1942 m² (0.48 acre) property is relatively flat with some mature trees, including Garry oak. The proposal seeks to rezone the property from the R-1 Zone (Detached Residential – Large Lot) to the R-2 Zone (Duplex Residential), to permit the construction of a new duplex on the property. The existing single-family dwelling would be demolished. The Official Community Plan land use designation, Residential, supports the proposed rezoning for duplex or small-scale townhouses on the site. The proposal includes one 3-bedroom unit and one 4-bedroom unit with on-site parking provided via an attached garage.
The subject property is designated Residential in the Official Community Plan (OCP) and is Zoned R-1. Surrounding land uses include:
- To the north: single detached dwelling in the District of Saanich
- To the east: single detached dwellings (R-1 Zone) and Knockan Hill Park (P-3 Zone)
- To the west: single detached dwellings (R-1 Zone)
- To the south: single detached dwellings (R-1 Zone)
The area may be reviewed in further detail in the Subject Property Map (Attachment 1) and Subject Property Zoning Map (Attachment 2).
The application was introduced at the April 12, 2022 Committee of the Whole meeting. Staff recommended that a rezoning bylaw be prepared subject to the provision of a tree protection plan. The plan has been received and Council gave first and second readings of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 on July 19, 2022.
The following attachments to this report provided by the applicant support their application for consideration of rezoning the property:
- Letter to Council (Attachment 3)
- Site Plan (Attachment 4)
- Original Plans (Architectural) (Attachment 5)
- Revised Site Plan (Attachment 6)
- Concept Drawing (Attachment 7)
- Site Pictures (Attachment 8)
- Arborist Report – Talmack Urban Forestry, June 3, 2022 (Attachment 9)
- Tree Information (Attachment 10)
Changes From Last Application
The changes to the application from when this was previously presented are outlined in detail below:
- This application now includes an arborist report and tree protection plan (see Attachments 9 and 10 respectively) to provide information on the species of trees and number of trees to be removed; and
- the duplex and accessory structure have changed from their original positions, as informed by the arborist report. The duplex is now square to the side yard, and the accessory structure has shifted away from the side yard and is now parallel to the rear property line.
PROJECT INFORMATION:
Design Concept
The applicant has provided an updated site configuration for the proposal. The accessory structure has been moved to be further away from the interior side setback, and the duplex has been shifted to be squared to the proposed on-site driveway and to be perpendicular to the end of High Street, see revised site plan (Figure 1) below vs the original (Figure 2). A complete copy of the new plans (Attachment 6) and original plans (Attachment 5) are attached to this report. Renderings of the proposed development can be reviewed below in Figures 3 and 4; note though that the siting of the buildings is based on the original site plan locations as shown in Figure 2.
Figure 1 - Site Plan (Revised)

Figure 2 - Original Site Plan

Figure 3 - Rendering of Proposed Development (with original site configuration)

Figure 4 - Proposed Development Rendering based on original site plan (High Street Perspective)

DISCUSSION:
Official Community Plan
The subject property is not within a Development Permit Area and is therefore exempt from the Development Permit approval process; however, the applicant’s proposal must still meet the OCP’s guidelines and policies with respect to development, density, and policy objectives. The subject property is within the Hospital Neighbourhood, in close proximity to the Northern Gateway Community Corridor on the edge of the municipal border shared with the District of Saanich. The OCP considers this to be a growth area and anticipates high density.
The change in zoning would comply with the Residential (R) land use designation, which calls for predominantly detached houses and townhouses up to 2.5 stories. The proposed rezoning application can be supported because:
- growth and higher density are identified and supported by the OCP;
- the subject property’s land use designation is consistent with the proposed use and zoning; and
- the subject property is a single large lot which provides opportunity to increase density gently through infill.
Zoning Review
Table 1 summarizes how the proposed development concept meets the requirements of the proposed R-2 (Duplex) Zones. If the rezoning is approved, additional information will be required to determine the impermeable surface coverage. Figure 1 indicates that the accessory building does not comply with the zoning because of its size.
Table 1 - Zoning Analysis
| Feature | R-2 Zone (Duplex) | Proposed |
|---|---|---|
| Lot Size | 650 m² | 1942 m² |
| Lot Width | 17.5 m | 30.5 m |
| Building Floor Area Maximum | 400 m² | 395 m² |
| Floor Space Ratio | 0.6:1 | 0.21:1 |
| Lot Coverage, max | 50 % | 20 % |
| Impermeable Surface Coverage, max | 60 % | Additional Information Required |
| Height | 7.5 m | 7.4 m |
| Front Lot Line Setback | 7.5 m | 7.5 m |
| Rear Lot Line Setback | 7.5 m | 25 m |
| Side Lot Line Setback (north) | 1.5 m | 3 m |
| Side Lot Line Setback (south) | 1.5 m | 8 m |
| Siting of Accessory Buildings and Other Structures | 1.2 m | 1.5 m |
| Accessory Building Height, maximum | 4.5 m | 3.8 m |
The proposed duplex meets all setback requirements; however, additional details are required to determine if the height of the building meets the Zoning Bylaw as the digital elevations do not show all height measurements. Additionally, the proposed duplex shows crawlspaces, which do not include dimensions. The dimension of these spaces would be confirmed at the time of building permit. The size of the accessory structure is also oversize (area) as per Section 4.6.6 of the Zoning Bylaw, and also appears to be over the maximum permitted length and width, as per Section 4.6.2 of the Zoning Bylaw. Plans will have to be revised to comply to zoning requirements at the building permit stage.
The locational change of the building has been supplemented by updated design drawings confirming the height of the building, but two heights still need to be provided for the north and south elevations – this would be determined at time of building permit.
A duplex does not permit secondary suites or bed and breakfasts but does permit home occupations. Short term rentals like AirBnB and other platforms would not be permitted as per the regulations of the Zoning Bylaw.
Site Servicing
The property has access to sewer and water. Under the Town’s Sprinkler Bylaw, No. 500, 2005 there is a requirement that duplexes be sprinklered. The applicant will be required to provide a tree permit application for any trees impacted by the development, and satisfy the requirements of Tree Protection Bylaw, No. 1069, 2022. In addition, a detailed stormwater management plan will be required and will be a condition of issuing a building permit. Further, frontage and servicing shall be completed in accordance with the Subdivision and Development Servicing Bylaw No. 985, 2017, and will be reviewed upon the submission of a building permit.
Arborist Report – Tree Protection
An arborist report (Attachment 9 and Attachment 10) confirms that the site has a total of fourteen trees, twelve of which are protected by the Town’s Tree Protection Bylaw No. 1069, 2022, as well as six off-site trees that may be within working distance of the site and could be impacted by on-site works. The bylaw-protected trees include a mix of Garry oak, Douglas fir, cedar, and fruit bearing trees. The report proposes that a total of seven trees will be removed, of which there are two plum, one cedar, one Douglas fir, and three apple. The report confirms that tree replacement will be a ratio of 2:1, as per the Tree Bylaw. The location of the replacement trees will be confirmed through a future tree permit prior to issuance of a building permit.
Community Amenity Contribution
The Community Amenity Contribution Policy states that a rate of $4,000 per attached residential unit be paid. For this proposal, the amount to be paid would be 2 x $4,000 for a total of $8,000. Note, that the required servicing upgrades including road frontage are not an amenity.
It is recommended that the community amenity contribution rate, provision of services and upgrades be secured through covenant as a condition of the rezoning. Contribution will be received at the building permit phase. Development Cost Charges (DCCs) would also be payable at the time of building permit application.
NEXT STEPS:
Should Council wish to proceed with this rezoning application, staff recommend that a covenant be registered prior to fourth reading of the rezoning amendment bylaw.
RECOMMENDATION:
THAT the report dated August 26, 2022 from the Community Planner titled “Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 to amend the R-1B Zone with regard to 110 High Street” be received.
THAT a covenant be registered concurrent with fourth reading of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1104, 2022 to secure the provision of a community amenity contribution of $4,000 per residential unit prior to building permit issuance.
SUBMITTED BY: Stirling Scory, RPP, MCIP, Community Planner
REVIEWED BY: Sarah Jones, RPP, MCIP, Director of Corporate Services
Attachments
- Subject Property Map
- Subject Property Zoning Map
- Letter to Council
- Site Plan
- Plans (Architectural)
- Revised Site Plan
- Concept Drawing
- Site Pictures
- Arborist Report – Talmack Urban Forestry (June 3, 2022)
- Tree Information



