COUNCIL REPORT - DEVELOPMENT VARIANCE PERMIT No. 2013/015

PURPOSE OF REPORT:

To present a Development Variance Permit application to not require works and services to be provided, located and constructed for the subdivision, consolidation, and site preparation of 21, 23, 29 Helmcken Road; 1650 Little Road; and part of 1 Hospital Way until the building permit stage.

BACKGROUND:

The subject properties are located at the north side of the Helmcken Road at the intersection with Watkiss Way intersection. The properties are comprised of five parcels (Attachment 1):

1. A parcel at 21 Helmcken Road with a vacant single family dwelling once used as a day care centre.
2. Three parcels at 23 Helmcken Road, 29 Helmcken Road, and 1650 Little Road that are part of a rural property with a vacant farm house remaining on the site.
3. A hooked parcel at 1 Hospital Way that is split by the Watkiss Way road right-of-way. Victoria General Hospital is located on the large portion of the parcel between Trans Canada Highway and Watkiss Way. The smaller vacant piece of land on the side of Watkiss way is known as “VIHA Triangle.” It is treed and a drainage course runs through it.

With the completion of Official Community Plan amendments and rezoning for the Eagle Creek Village commercial/multifamily development, the applicant is moving forward with the purchase and development of the site. Development permit application 2013-11 has been submitted to allow subdivision of the property and site preparation, including the tree removal, site excavation, and the issuance of foundation permits for proposed underground parking and most of the buildings (except Buildings 3 & 4).

The development site is comprised of several parcels with multiple owners, so it needs to be consolidated and subdivided by:

• Severing of the “VIHA Triangle” from the Victoria General Hospital parcel
• Consolidating the land east of Watkiss Way (Attachment 2)
• Subdividing the consolidated site as shown in in Attachment 3 to create the 4.22 ha development site and 1.58 ha park parcel that would be transferred to the Town.

Sections 57 and 58 of the Land Use Bylaw, 1990, No.35 requires associated works and services to be provided, located and constructed prior to approval of a subdivision the Approving Officer and/or development, i.e. the issuance of a building permit. Standard works and services include road improvements (widening and paving), boulevards and sidewalks, driveway crossings, street lighting, underground wiring, water distribution, fire hydrant systems, and sewer/storm drain systems.

PROPOSAL:

The proposal is to defer the provision, location and construction of works and services from the subdivision (see Attachments 1, 2 and 3) and site preparation (Attachment 4) stages to the building stage. The reason for the requested variance is that the site is currently comprised of multiple parcels of land and subdivision to create the development parcel must occur before the applicant can purchase it from the multiple owners.

Section 57 and 58 of the Land Use Bylaw also requires the provision of works and services prior to issuance of any building permits. The requested variance would exclude excavation and foundation permits, which are types of building permit, from this requirement. This would allow the applicant to begin site preparation in good weather while the development permit for the form and character of the buildings is being finalized. The site is large and will take months to clear, excavate, and set up foundations.

To provide stronger commitment to the Town, the current property owners have registered a covenant to acknowledge and ensure the provision of the works and services at the building construction stage (See Section 6 of Covenant CA3232728 – Attachment 5).

ISSUES AND ANALYSIS:

The principal issue to consider in this application is whether the variance can be supported.

Approval of the variance would facilitate the Eagle Creek Village mixed use development proposal, since the applicant does not currently own the site. The variance can be supported because the provision of works and services are simply being deferred to a later stage. There would no community impact through postponement because there would be no added demand for the works and services while the site is unbuilt. The registration of the covenant provides a stronger guarantee and mitigates risks for the Town.

POLICY IMPLICATIONS:

Section 58 of the Land Use Bylaw states that:

“No person shall subdivide land or be issued a building permit … except in conformity with the applicable requirements of this section and unless specifically provided otherwise, all works and services required to be provided, located and constructed in accordance with the applicable standards set out in this Bylaw.”

There are no significant policy implications because the variance is simply to defer the requirements from the subdivision stage to the building permit stage.

RECOMMENDATION:

THAT Council approve Development Variance Permit 2013/015 to vary the requirements of Sections 57 and 58 of the Land Use Bylaw, 1990, No.35 to defer works and services to be provided, located and constructed for the subdivision of and issuance of excavation and foundation permits for 21, 23, 29 Helmcken Road; 1650 Little Road; and part of 1 Hospital Way as per the plans attached to the report from the July 25, 2013 report from the Senior Planner until the issuance of the building permits.

SUBMITTED BY: Jeff Chow, MCIP, RPP, Senior Planner

REVIEWED BY: Lindsay Chase, MCIP, RPP, Director of Development Services