Council Report: Rezoning – 408, 421, 429, 437, 441 and 445 Nursery Hill Dr

COUNCIL REPORT

TO: Council DATE: October 1, 2014 FROM: J. Davison, MCIP RPP, Planner MEETING DATE: October 7, 2014 FILE NO.: 3360-20-2014-02

REZONING – 408, 421, 429, 437, 441 and 445 NURSERY HILL DR REPORT PRESENTING TOWN-INITIATED REZONING OPTIONS

RECOMMENDATION

THAT Council initiate a rezoning of all remaining lots zoned CD-9C (Lakeside Village Low Density Residential) to CD-9CS (Lakeside Village Low Density Suite Residential) to include Secondary Suites as a permitted use on the lots.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

The purpose of this report is to present options to Council regarding the Town-initiated rezoning of the six subject properties.

DISCUSSION

On February 18, 2014 Council adopted Bylaw 880, which rezoned 17 of 23 properties in the 400 block of Nursery Hill Dr from CD-9C to CD-9CS to permit secondary suites on those properties. As part of that rezoning, Council directed staff to issue an offer of a Town-initiated rezoning to the remaining six properties, with a deadline of August 30, 2014 for the owners to respond.

Staff sent notices dated February 20, 2014 to the six properties at 408, 421, 429, 437, 441 and 445 Nursery Hill Dr, and a reminder on August 6, 2014.

To date, staff has received three positive responses, from 408, 421 and 441 Nursery Hill Dr. This leaves three properties without responses. Staff has yet to reach out to the owners of the three remaining properties.

The Town is not typically in the practice of initiating a targeted rezoning process without the consent of the owners. In this case, however, staff believes that there is minimal downside to doing so; the rezoning gives the owners an option to apply for a Secondary Suite Permit in the future. The only potential downside is to the change of use for adjacent properties which are both opting out; a change of ownership for one of them in the future may impose a potentially undesirable change of use on an adjacent property. Staff refers to 429 and 431, the only interface where this would occur.

Staff is of the opinion that a rezoning of the remaining properties is the appropriate action, even as it appears that the owners of three properties either do not wish to take part or are indifferent to the process.

Staff's proposed timeline is to do the following at the regular meeting of Council on October 21st:

• Give the bylaw to rezone the properties 1st and 2nd reading.
• Schedule a Public Hearing for January 6th, 2015.

ALTERNATE RECOMMENDATION

The alternative to staff's recommendation is to only rezone the three properties with positive responses. If this is the case, staff would appreciate the opportunity to consult with the remaining unresponsive landowners to confirm their position.

RECOMMENDATION

THAT Council initiate a rezoning of all remaining lots zoned CD-9C (Lakeside Village Low Density Residential) to CD-9CS (Lakeside Village Low Density Suite Residential) to include Secondary Suites as a permitted use on the lots.

SUBMITTED BY: J. Davison, MCIP RPP, Planner

REVIEWED BY: L. Chase, MCIP RPP, Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Landowner Responses
3. CD-9CS Subzone Table