REQUEST FOR DECISION
DATE: March 28, 2022 Report No. DEV-22-029
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Amendment to DP000075 (Esquimalt Town Square) to allow an approximately 50 m2, 22-seat, outdoor patio.
End
RECOMMENDATION:
Recommendation
That Council approves Development Permit No. DP000075, Amendment No.1, attached as Appendix A to Staff Report DEV-22-029, consistent with the plans by Inhabit Designs stamped “Received February 17, 2022”.
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RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Local Government Act
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support Community growth, housing, and development consistent with the Township’s Official Community Plan
BACKGROUND:
Appendix A: DP000075 - Amendment No. 1
Appendix B: Key Map
Appendix C: Architectural Drawings
Appendix D: Photos showing the proposed location of the patio
Chronology
- May 15, 2017 - Council approved the original development permit - DP000075
- February 17, 2022 - Application Received to amend DP000075 in order to allow a restaurant patio to be located in the plaza adjacent to the restaurant.
PURPOSE OF APPLICATION:
The applicant is proposing to build an outdoor patio adjacent to the vacant restaurant space. Although the original development permit did not anticipate an outdoor patio in this location, it is consistent with the design intent of the Esquimalt Town Square. The patio would be approximately 50 m2 and accommodate approximately 22 patrons at maximum capacity. The patio will add animation to the plaza space thereby making it livelier and more inviting. It will also add an interesting dining option for residents and visitors. In addition, portions of the plaza will be heated allowing for an extended period of dining both daily and seasonally.
These types of amendments would usually be approved by the Director of Development Services pursuant to Section 38 of the Development Application Procedures and Fees Bylaw, 2012, No. 2791. However, pursuant to Section 39 of the Bylaw, the Director has determined that, given the significant public interest in the application, that the application be forwarded to Council for a decision.
This site is located within Development Permit Area No. 1 - Natural Environment; No. 7 - Energy Conservation and Greenhouse Gas Reduction; Development Permit Area No. 8 - Water Conservation; and Development Permit Area No. 10 - Esquimalt Town Square. A development permit is required to ensure that the application is generally consistent with the development permit area guidelines contained within the Esquimalt Official Community Plan Bylaw, 2018, No.2922. Development Permit Area No. 10 - Esquimalt Town Square - does not include any specific design guidelines associated with outdoor patio spaces. However, the addition of an outdoor patio adjacent to the proposed restaurant will add animation to the plaza area and enhance the atmosphere of conviviality which is an object of urban design in this context.
CONTEXT:
Applicant / Architect: Inhabit Design Inc.
Owner: Aragon Esquimalt TC Properties Ltd. Inc. No. BC1068481
Property Size: 1110 m2
OCP Land Use Designation: Development Permit Area No. 10: Esquimalt Town Square.
Zone: Comprehensive Development District No. 99
Surrounding Land Uses:
North: Commercial
South: Multiple-Family Residential [6-storeys]
East: Municipal Hall
West: Vacant - future Public Safety Building
ISSUES:
1. Rationale for Selected Option
The addition of an outdoor patio adjacent to the proposed restaurant will add animation to the plaza area and enhance the atmosphere of conviviality which is an object of urban design in this context.
2. Organizational Implications
There are no organizational implications.
3. Financial Implications
There are no financial implications.
4. Sustainability & Environmental Implications
Depending on the source of energy for the exterior heating systems there could be increased green house gas emissions.
5. Communication & Engagement
As an amendment to an existing development permit, no public notification is required.
ALTERNATIVES:
1) That Council approves Development Permit No. DP000075, Amendment No.1, attached as Appendix A to Staff Report DEV-22-029, consistent with the plans by Inhabit Designs stamped “Received February 17, 2022”.
2) That Council does not approve Development Permit No. DP000075, Amendment No.1, attached as Appendix A to Staff Report DEV-22-029, consistent with the plans by Inhabit Designs stamped “Received February 17, 2022” and provide reasons.