Update on Rezoning Application No. 00525 and Development Permit with Variances No. 00035 for 1201 Fort Street and 1050 Pentrelew Place, and associated Official Community Plan Amendment (Rockland) --J. Tinney, Director of Sustainable Planning and Community Development A report providing information and recommendations regarding the revised proposal to rezone and acquire a Development Permit with Variances for the properties located at 1201 Fort Street and 1050 Pentrelew Place in order to increase density and allow for the construction of two multi-unit residential buildings and ten townhouses. Late Item: Correspondence & Presentation Recommendation: Rezoning Application No.00525 and associated Official Community Plan Amendment: That Council instruct staff to prepare the necessary Official Community Plan Amendment Bylaw in accordance with Section 475 of the Local Government Act and the necessary Zoning Regulation Bylaw Amendment that would authorize the proposed development outlined in Rezoning Application No. 00525 for 1201 Fort Street and 1050 Pentrelew Place, that first and second reading of the Zoning Regulation Bylaw Amendment be considered by Council, and a Public Hearing date be set once the following conditions are met: 1. Preparation of the following documents, executed by the applicant, to the satisfaction of City Staff: a. Housing Agreement to ensure that a future strata corporation could not pass bylaws that would prohibit or restrict the rental of units to non-owners. b. Housing Agreement to ensure that ten percent of the approved unit count, being no less than ten units, be provided as affordable rental units on another site within the City of Victoria. c. Statutory Right-of-Way of 1.86m along the Pentrelew Place frontage. d. Statutory Right-of-Way of 2.4m for the provision of a public pathway connecting Fort Street to Pentrelew Place. e. Statutory Right-of-Way of 2.4m for the provision of a future public pathway along the west side of the property. f. Section 219 Covenant for public realm improvements to Fort Street and Pentrelew Place. g. Section 219 Covenant for construction and maintenance of the public pathways. 2. Provision of a tree protection plan for the Bylaw protected trees that identifies the location of the tree roots, the location of proposed construction and site services in relation to the root system, and the driveway construction methodology, to the satisfaction of City staff. 3. That Council determine, pursuant to section 475(1) of the Local Government Act, that the affected persons, organizations and authorities are those property owners and occupiers within a 200m radius of the subject properties; that the appropriate consultation measures would include a mailed notice of the proposed Official Community Plan Amendment to the affected persons; posting of a notice on the City’s website inviting affected persons, organizations and authorities to ask questions of staff and provide written or verbal comments to Council for their consideration. 4. That Council, having provided the opportunity for consultation with persons, organizations and authorities it considers will be affected, specifically, the property owners and occupiers within a 200m radius of the subject properties have been consulted at a Community Association Land Use Committee (CALUC) Community Meeting, consider whether the opportunity for consultation should be early and ongoing, and determine that no further consultation is required, pursuant to Section 475(1) of the Local Government Act. 5. That Council, specifically consider whether consultation is required under Section 475(2)(b) of the Local Government Act, and determine that no referrals are necessary with the Capital Regional District Board, Councils of Oak Bay, Esquimalt and Saanich, the Songhees and Esquimalt First Nations, the School District Board and the provincial and federal governments and their agencies due to the nature of the proposed amendment. 6. That Council give first reading to the Official Community Plan Amendment Bylaw. 7. That Council consider the Official Community Plan Amendment Bylaw in conjunction with the City of Victoria 2012-2016 Financial Plan, the Capital Regional District Liquid Waste Management Plan and the Capital Regional District Solid Waste Management Plan pursuant to Section 477(3)(a) of the Local Government Act, and deem those Plans to be consistent with the proposed Official Community Plan Amendment Bylaw. 8. That Council give second reading to the Official Community Plan Amendment Bylaw. 9. That Council refer the Official Community Plan Amendment Bylaw for consideration at a Public Hearing. Development Permit with Variances Application No. 00035: That Council, after giving notice and allowing an opportunity for public comment at a meeting of Council and after the Public Hearing for Rezoning Application No. 00525, if it is approved, consider the following motion: “That Council authorize the issuance of Development Permit with Variances Application No. 00035 for 1201 Fort Street and 1050 Pentrelew Place, in accordance with: 1. Plans date stamped September 8, 2017. 2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances: a. increase the maximum height for Building A from 12.00m to 21.42m. b. increase the maximum height for Building B from 12.00m to 15.11m. c. increase the maximum site coverage from 40% to 57.20%. d. reduce the Fort Street setback for Building A from 10.50m to 6.00m (to the building). e. reduce the south setback for Building B from 9.00m to 4.67m. f. reduce the west setback for Building A from 10.7m to 4.00m (to the parkade structure) g. reduce the west setback for Building B from 7.56m to 0.60m (to ground floor parking area and patio screen). h. reduce the Pentrelew Place setback for Buildings C,D and E from 5.37m to 2.00m (to buildings) and 1.91m (to stairs). i. reduce the required parking from 132 parking stalls to 121 parking stalls. j. reduce the required visitor parking from 12 stalls to 9 stalls. 3. Refinement of balcony materials on Buildings A and B to the satisfaction of the Director of Sustainable Planning and Community Development. 4. The Development Permit lapsing two years from the date of this resolution. 1_Report_Rezoning 1201 Fort Street and 1050 Pentrelew 2_Attachment A_Subject Map 3_Attachment B_Aerial Map 4_Attachment C_Plans date stamped September 8, 2017 5_Attachment D_Letter from applicant to Mayor and Council dated Sept 27, 2017 6_Attachment E_Affordable Housing Proposal dated Sept 25, 2017 7_Attachment F_CALUC Meeting Summary 8_Attachment G_Arborist Report dated October 10, 2017 9_Attachment H_COTW reports for Rez and DP dated March 23, 2017 10_Attachment I_Correspondence 11_LATE Correspondence 12_LATE LATE Correspondence 13_Late_Ltr from applicant to Mayor and Council_October 20, 2017 14_Late_Presentation - 1201 Fort |