Council Report: ZONING BYLAW NO. 900, 2014, AMENDMENT BYLAW NO. 1101, 2022 TO REZONE THE GLENTANA VILLAGE LAND USE CONTRACT AREA

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council
FROM: J. Chow, Senior Planner
DATE: May 12, 2022
MEETING DATE: May 17, 2022
FILE NO.: 3360-20 Land Use Contracts

ZONING BYLAW NO. 900, 2014, AMENDMENT BYLAW NO. 1101, 2022 TO REZONE THE GLENTANA VILLAGE LAND USE CONTRACT AREA

RECOMMENDATION

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1101, 2022 be given first and second reading.

AND THAT a Public Hearing for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1101, 2022 be scheduled for June 7, 2022.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

To introduce Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1101, 2022 to apply zoning to land that is subject to the Glentana Village Land Use Contract and has no underlying zoning. If the Town does not adopt zoning for this area before the land use contract terminates in 2024, the land will have no land use controls in effect.

BACKGROUND

When the Town was an unincorporated electoral area of the Capital Regional District, CRD Bylaw 421 (Attachment 1) was adopted in 1978 to enter into a land use contract for development of the following properties shown in Figure 1:

• 1500 Glentana Road
• 1501 Glentana Road (Cameo Housing Co-operative)
• 1507 Glentana Road (Glentana Village Recreation Centre)
• 1512, 1514, 1611, 1615, 1617, 1619 and 1621 Glentana Road
• Residences on Falstaff Place, Ethos Place, Amber Place and Demos Place
• Part of Portage Park

Figure 1. The Glentana Village Land Use Contract area

Land use contracts were an alternative to zoning between 1971 and 1978. They were a hybrid land use regulatory tool that allowed the site-specific development of land under contractual conditions negotiated between a development proponent and a local government. The intent was to allow more flexibility than traditional zoning.

It was generally found across the province that land use contracts were unsatisfactory and the legislation enabling them was repealed in 1978. They have been replaced by development permits, development cost charges, density bonusing, zoning, and phased development agreements.

Land use contracts remain in effect. In 2014, the Local Government Act was changed to terminate all land use contracts by June 30, 2024. The province’s requirements are as follows:

“All land use contracts will be terminated as of June 30, 2024. Local governments are required to have zoning bylaws in place by June 30, 2022 that will apply to the land once the land use contracts are terminated.

If land, a building or other structure is being lawfully used under the land use contract and the use would not apply under the new bylaw, the use may continue as a non-conforming use. Certain conditions may apply so contact your local government for details.”

CRD Bylaw 421 Land Use Contract is the only land use contract within the Town. It is recognized in Zoning Bylaw 900, 2014 and preceding land use bylaws, and there is no underlying zoning for lands within the land use contract area. A Town-initiated zoning is therefore required.

Staff’s intent is to develop zoning for the land use to acknowledge the existing land uses and minimize the creation of lawful nonconformities for uses and structures permitted in the land use contract. Amendments to Official Community Plan and Zoning bylaws initiated by a local government must follow Local Government Act procedures, but do not require the assent of property owners.

This project was introduced at the March 8, 2022 Committee of the Whole meeting. It should be noted that the portion of Portage Park located in the land use contract area is already zoned for park use and is not part of this project.

PROPOSED BYLAW

Comprehensive development zoning with subzones is proposed because of the different types of development on the lands, which includes the following:

• Detached dwellings (fee simple and bare land strata)
• Detached condominium dwellings
• Townhouses
• Stacked townhouses (where units may be located one on top of others and have individual exterior entrances)
• A housing cooperative
• A private amenity recreation centre

The proposed CD-27 zone will not permit secondary suites given the small lot size for detached dwellings and limited parking availability. There would be a minimum parking requirement of one space per detached dwelling. Each subzone will limit the number of units to what has been built in that subzone. The subzones comprising the zone are illustrated in Figure 1 and are described as follows:

Figure 1. CD27 subzones

Subzone CD-27A – Townhouses and Stacked Townhouses

Addresses of properties withing the proposed subzone:

• 1501 Glentana Road