1. Zoning Bylaw No. 3166
Committee of the Whole
October 2, 2017

2. Outline Background Items Requiring Clarification
Public Hearing and Council Meeting
Additional Setback Map
Below Grade Parking
Comments from the public
Shared Access to Parking
Parking Requirements and Minimum Height in DTC Zone
Proposed Options for Changes
Bylaw Communication
Rezoning of Two Downtown Lots
Detached Secondary Suites
Building Height in the HDR Zone
Fabric Covered Structures
Regulations for Utilities
Storage of Recreational Vehicles
Solar Collectors
Heat Pumps
Artificial Garden Lighting
Subdivision Regulations for Residential Zones
Third Street Riparian Area
Additional Setback Requirements for Storage and Structures
“General Repair Service”
Floor Area Ratio for Low Density Residential Zone
Policy/Legislation Implications

3. Background Public Hearing and Council Meeting – Sept. 18, 2017:
Comments regarding proposed Zoning Bylaw received from the public and Councillor Jackson
Council deferred Third Reading of the Zoning Bylaw pending a report addressing the feedback
The feedback resulted in options for changes, including those recommended by Staff

4. Detached Secondary Suites
Concern over height and setbacks of detached suites on shading of neighbouring yards
Proposed regulation:
Accessory building regulations in other jurisdictions vary widely

5. Detached Secondary Suites - Options
Option A: Leave minimum setbacks and maximum height as proposed; Option B: Increase the minimum setbacks; (recommended) Option C: Decrease the maximum height (decreasing maximum height would require landholders who want to build a two-storey suite to apply for a Development Variance Permit)

6. Fabric Covered Structures
Concern over:
Definition of ‘temporary storage purposes’
Which items are permitted to be stored
Number of fabric covered structures permitted
Maximum height of fabric covered structures
Proposed Bylaw limits usage “from November 1st to March 1st for the purpose of storing motor vehicles or recreational vehicles…”
Proposed maximum area of 23 m2 automatically limits maximum height

7. Fabric Covered Structures – Options
Option A: Leave the currently proposed regulations; Option B: Add a maximum height for fabric covered structures; and/or Option C: Add a maximum number of fabric covered structures (recommended – one)

8. Storage of Recreational Vehicles
Recreational vehicles over 5,443.2 kg (12,000 lbs) are not permitted on residential properties under the current Zoning Bylaw
Proposed Bylaw makes no limitation on recreational vehicle weight/size
Instead, limits are placed on total number of motor vehicles and watercraft permitted
Single-unit dwellings—4 vehicles
Two-unit dwellings—6 vehicles

9. Storage of Recreational Vehicles - Options
Option A: Leave the currently proposed regulations; Option B: Add “recreational vehicle” to (recommended); and/or Option C: Reintroduce restrictions to the size of watercraft, recreational vehicles, and commercial vehicles, similar to the existing Bylaw

10. Heat Pumps
Proposed Bylaw contains siting regulations for heat pumps, but not for other externally-located mechanical equipment
Concern expressed over permitting mechanical equipment in front yards
Subsection of proposed Zoning Bylaw states
“where a heat pump is located at the front of a building it must be screened from view by landscaping or decorative fence enclosure not exceeding the maximum fence height within a front yard”

11. Heat Pumps - Options
Option A: Leave the currently proposed regulations for heat pumps and their siting; Option B: Change the term “heat pump” to “mechanical equipment” and provide a definition (recommended) Option C: Add “air conditioners” and “generators”; and/or Option D: Prohibit heat pumps and/or other mechanical equipment in front yards (recommended)

12. Subdivision Regulations for Residential Zones
Comments suggested that the proposed residential zones do not explicitly state “Subdivision Regulations” as in other zones
However, the “Conditions of Use” sections imply regulations for subdivision through their designations of “minimum parcel area” and “minimum parcel frontage”

13. Subdivision Regulations for Residential Zones - Options
Option A: Leave the currently proposed section title; Option B: Change the section title to include “Subdivision Regulations” (recommended)

14. Additional Setback Requirements for Storage and Structures
Feedback suggested the proposed Bylaw only regulates setbacks for principal and accessory buildings, but not other structures
Proposed setback exceptions:

15. Additional Setback Requirements for Storage and Structures – Options
Option A: Leave the currently proposed setback exceptions; Option B: Add to the beginning of subsection in the Projections into Yards section “Except as otherwise permitted in this bylaw” (recommended) Option C: Add a regulation to section 3.13 Projections into Yards (i.e. “All required setback areas must be kept free of buildings and structures, excluding permitted projections”); Option D: Add additional feature exceptions to subsection (i.e. “children’s play equipment”, “swimming pools”,“landscape buffers, fences, retaining walls, trellises or other landscape features”, and “clothesline poles” (recommended); and/or Option E: Revise the definition of structures.

16. Floor Area Ratio for LDR Zone
The Low Density Residential (LDR) Zone proposes that buildings adhere to maximum parcel coverage, but not floor area ratio (FAR)
FAR was suggested to create more flexibility in home design
However, maximum parcel coverage alone (35%) would permit spacious one storey homes, while application of FAR may inadvertently limit the footprint of two-storey or two-unit dwellings

17. Floor Area Ratio for LDR Zone - Options
Option A: Leave the currently proposed Low Density Residential Zone regulations (recommended); Option B: Add floor area ratio regulations; and/or Option C: Revise the maximum parcel coverage.

18. Additional Setback Map
Which downtown setbacks will be affected by proposed additional setback regulations?
Regulation aligns the proposed Zoning Bylaw with the Downtown DPA Guidelines of the OCP
Corner parcels abutting two highlighted streets…
Corner parcels with only one frontage on a highlighted street…

19. Below Grade Parking Requirements
Will all downtown core properties require 50% of their parking requirements below-grade?
Current parking exempt; applies only to new development (in core downtown area parking requirements apply to second storey and above)
Rationale: highest, best use of the land downtown
Multi-year study of area ground water determined that underground parking is feasible

21. Shared Access to Parking
Clarification was requested on the restriction for downtown properties to share driveway access if the property frontage is less than 40 m
Rationale: to reduce the number of vehicle sidewalk crossings in the downtown core area to improve aesthetics and pedestrian safety

22. Downtown Comprehensive Zone Parking Requirements and Minimum Height
Is below grade parking required for single storey commercial development?
Ground floor exempt from providing parking, but minimum height for new development will be two storeys
Confirmation was requested of the fees for cash-in-lieu of parking:
Surface parking space: $8,000
Below grade parking space: $25,000
Rationale: the intent behind the minimum height is to prevent the underdevelopment of prime lots in the downtown; property owners can apply for a variance or zoning amendment.

23. Communication on the Zoning Bylaw
Information on the proposed Zoning Bylaw was provided in/on:
The City’s newsletter and website
Facebook
PlaceSpeak
Notices of the Open House events were provided in the Cowichan Valley Citizen
Notice of the third Open House was distributed to the DDBIA and Chamber of Commerce
(newspaper ads met Provincial requirements for Public Hearing notice)
Opportunity for improved communication:
Discussion with the BIA to include property owners on their distribution lists, rather than just business owners

24. Rezoning of Two Lots from C-3 Zone to DTC Zone
Why were two downtown lots rezoned from C-3 Service Commercial to the new Downtown Comprehensive Zone?
Some uses permitted in C-3 Zone, such as motor vehicle repair and gas stations, are no longer considered appropriate in the downtown core
Rationale: to provide for additional density through the floor area ratio regulations and to encourage the full utilization of downtown lots

25. Height in the High Density Residential (HDR) Zone
Zoning map legend contains an error (now corrected)
States “High Density Residential – 4 storey – HDR”
Actual number of storeys permitted in HDR Zone: 5 storeys

26. Regulations for Utility Uses
Concern over new Fortis station on Jubilee
Where in the Zoning Bylaw are utility uses regulated?
Utilities are permitted in any zone
Appropriate landscaping and screening of utility uses required
Solar Collectors
Why are solar collectors not permitted in front yards?
Size – must be located in less conspicuous areas
To prevent potential damage or theft

27. Artificial Lighting of Urban Gardens
Clarification sought on why artificial lighting is not permitted in urban gardens, and if this means lighting at night
Regulation refers to lighting for the purpose of growing
Rationale: artificial grow lamps would likely affect neighbouring properties and buildings at night

28. Third Street Riparian Area
Riparian area located at the west end of Third Street is not mentioned in the Zoning Bylaw
Several properties in this area fall under the Natural Environment Riparian Area Development Permit Area identified in the Official Community Plan; identifying them in the Zoning Bylaw would be redundant

29. General Repair Service
Confirmation was requested on whether “general repair service” will permit the ongoing use of a motorcycle parts store on Jubilee Street in the Downtown Comprehensive (DTC) Zone
Store does not include repairs, only sales of parts – as such, it will be considered “retail and personal service” and permitted downtown

30. Policy/Legislation Implications
The currently proposed bylaw changes will not change uses or density. Therefore, it will not require re-reading of 1st and 2nd Readings or a new Public Hearing, unless Council decides to provide the public an additional opportunity to comment on the Bylaw and the proposed changes.

31. Questions?