A group of residents from the Wilson Crescent neighbourhood have started a , urging the District of 樱桃视频to reconsider an omnibus bylaw that, among other things, would reduce rear setbacks for several zones.
On Feb. 15, the municipality will be sending Bylaw 鈥婲o. 2864, 2021, to public hearing. It's been characterized by the local government as a means to improve clarity, increase flexibility and address gaps in the existing zoning bylaw.
However, residents from Wilson Crescent found that the proposed regulation would also decrease the minimum required rear setbacks for RM-1, RM-2 and RM-3 zones.
These zones govern lands that are used for apartments, townhouses and duplexes, among other things.
Each of those zones would have their required rear minimum setbacks reduced to six metres, down from 9.15, representing a decrease of 35%.
The proposed bylaw would also affect single-family and duplex lots — RS-1, RS-1A, RS-2 — that are 10.06 metres in width or narrower. In these cases, interior side setbacks will be reduced to 1.52 metres, down from 2.13 metres.
Petitioners say this would impact the privacy, views, natural light and space of other property owners throughout the municipality.
"It will eventually affect all neighbourhoods in 樱桃视频and everyone in those zones and next to those zones," said Stephanie Hewson, one of the Wilson Crescent residents supporting the petition.
Hewson also said she is concerned with how the bylaw has been presented by the District.
"It's not really upfront. I've also seen this bylaw be referred to as a technical bylaw," she said.
"A lot of the changes being proposed alongside are technical, like clarifying the definitions or reorganizing different sections, but this change is a substantive change. It goes to the core of what zoning is about. And there hasn't been a robust public engagement about that."
Hewson said that setbacks are one piece of the debate regarding the densification of the municipality.
She said that she recognized density is a necessary tool, but there are problems when it's done in a piecemeal approach in already-existing neighbourhoods.
Things are different in larger planned developments, like the waterfront SEAandSKY, where the developer has the incentive to make sure the units are properly spaced and don't impose on each other, Hewson said.
However, infill developments that are applied to already-existing neighbourhoods are another case.
"You remove the incentive to maximize the light and space and privacy for the whole neighbourhood," said Hewson. "You're just thinking about it on a lot-by-lot basis. That's where the District plays a role in maintaining setbacks and privacy and thinking about how those different developments are going to work together."
The petition arrives shortly after residents, mostly from the Arbutus Grove complex, banded together to urge the District of 樱桃视频to defer a development permit to Accorde Properties Ltd. for 1189 and 1201 Wilson Crescent.
Variances to the setbacks of the townhomes were the main sticking point for neighbours, who complained Accorde's proposal would affect privacy, obstruct views, and cast shadows on their properties.
In this case, criticism led council to defer the development permit and reconsider the variances for front, rear and interior setbacks, among others.
However, if Bylaw 鈥婲o. 2864, 2021, passes, the developer will not need to request a rear setback variance, as the proposed bylaw change would reduce the minimum required rear setback for that area to six metres. The current minimum for rear setbacks in that zone is 9.15 metres.
The petition against Bylaw 鈥婲o. 2864, 2021 was started online by Matty Walton, one of the residents who appeared before council regarding the Accorde proposal.
Walton said that as the Wilson Crescent residents were doing research for their situation, they stumbled upon the new proposed bylaw, which they learned would make a change to rear setbacks throughout much of the municipality.
"We just sort of expect that any landowner with half a mind would be like, 'Oh, yeah, obviously, I don't want buildings closer,'" he said.
While the mayor and some councillors have said that decreasing setbacks is a give-and-take for obtaining amenities like sidewalks on streets, Watson said he disagrees.
"There's just no empathy or kindness or any consideration for homeowners. Each councillor has biases and their own little agenda — like we all do in life — and the mayor's big on the sidewalks," he said.
"The District gets their sidewalk and then we get this building closer to us in return for a sidewalk. It seems weird."
Walton said that he hopes that people turn up in droves for Tuesday's upcoming public hearing, as he said people often don't realize they have the power to make a change.
"Just 11 units have made a difference twice now by stopping a developer with no lawyers or anything," he said, referring to the meeting on Feb. 1. "Just turning up and having a chat. So, I believe that process works."
In response, the District's acting mayor addressed the proposed changes to zoning setbacks.
"On Tuesday, council will be hearing from the public on the third phase of updates to the Zoning Bylaw,” said acting mayor Armand Hurford in the written statement. “This current phase has been before us twice and has now progressed to the public hearing step of the process. No decision has been made, and council looks forward to hearing from our community on all our decisions, including this one."
District staff also provided their own comments.
“These proposed amendments do not increase density, which is defined and controlled by floor area ratios or the permitted number of dwellings,” reads a written statement from staff provided to The Chief by the District spokesperson Christina Moore.
Moore said that staff made the proposals in response to challenges facing property owners building additions, secondary suites or new homes on their properties up to the energy efficiency requirements established by the District.
The municipality is making a progressive adoption of the Step Code, which mandates construction of more energy efficient buildings.
“One of the most common ways to construct a more energy efficient building is through thicker wall assemblies, with more insulation. This requires buildings to be built right up to required setbacks and often results in smaller living space within the actual building,” the statement reads.
Another goal of the changes is to facilitate larger balconies in townhouses and apartments to ensure new homes have appropriate outdoor living space, the District said.
Regarding the multi-family RM zoning changes, the municipality said these zones currently have the largest rear setback of any residential zone in 樱桃视频at 9.15 metres.
Staff are recommending a six-metre rear setback in all RM zones to allow for increased flexibility for the design of future projects, while still maintaining a sizeable setback from the rear lot line, the statement reads.
For the single-family RS zoning changes, the statement said the proposed setback change would see a 1.52-metre setback for the narrower lots, as the current 2.13-metre setbacks would make maintaining or replacing an existing home on such a narrow lot challenging.
“It’s important to note that any new development has the potential to impact views, privacy and light, depending on what was previously on a lot,” the District statement reads. “The density of the lot – as defined by height, floor area ratio and lot coverage – would not change with these amendments. The amendments will not impact the size or height of the building, just the potential location on a lot.”
The public hearing for Bylaw No. 2864, 2021, will happen on Tuesday, Feb. 15, at 6 p.m. The meeting will be streamed online and held in council chambers at Municipal Hall.
***This story was updated on Feb. 11 at 9:15 p.m. to include a response from the District and further details.
***Updated on Feb. 14, at 11:01 a.m. to clarify Hewson's comments.
