REQUEST FOR DECISION
DATE: June 8, 2016 Report No. DEV-16-043
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner
SUBJECT:
Title
Development Permit, 826 Esquimalt Road, PID 006-075-495, Lot 2, Section 11, Esquimalt District, Plan 4225
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000064, attached as Schedule A to Staff Report DEV-16-043, respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of the thirty unit, six storey, multiple family residential building detailed on architectural plans provided by Praxis Architects Inc. stamped “Received May 6, 2016”, and on the landscape plan prepared by Lombard North Group Inc., stamped “Received March 29, 2016”, and sited as detailed on the survey plan prepared by J.E. Anderson and Associates, stamped “Received March 29, 2016”, be approved, and staff be directed to issue the permit, subject to receipt of the required landscape security, and register the notice of permit on the property title of the property identified as PID 006-075-495, Lot 2, Section 11, Esquimalt District, Plan 4225 [826 Esquimalt Road].
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RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No 2050
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Parking Bylaw, 1992, No. 2011.
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Purpose of the Application
The applicant is proposing to construct a 6 storey, 30 unit, multiple family residential building including a grade level podium structure containing a lobby, utility areas and a 22 space parking garage. The podium would extend to the north, west and east property lines but would maintain a 5.0 metres setback from the street while the 5 storey tower section would step modestly inward on all sides thereby somewhat mitigating the perceived mass of the building. Two additional parking spaces dedicated to visitors are proposed to be located in front of the building bringing the total parking to 24 spaces.
This site is located within Development Permit Area No. 1 - Multi-Unit Residential; therefore a development permit is required to ensure the application meets the intent of the design guidelines contained in Section 9.3 of the Township’s Official Community Plan.
The applicant is requesting approval of a Development Permit for the form and character and landscaping proposed on the attached drawings as one is required prior to submitting for a Building Permit. As the applicant had satisfied all outstanding conditions, Esquimalt Council adopted the required change to zoning for this property on May 2, 2016.
Context
Applicant: Vangaurd Projects Inc. [Mark Eraut]
Owner: Magenta Enterprises Ltd., Inc. No. BC0296034
Property Size: Metric: 924 m2, Imperial: 9944 ft2
Existing Land Use: Single Family Residence
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential / Commercial
West: Multiple Family Residential [4 storeys]
East: Multiple Family Residential [2 storeys]
Existing OCP Designation: Multi-Unit, High-Rise Residential
Existing Zoning: Comprehensive Development District No. 96 [CD-96]
Schedules:
A Development Permit No. DP000064
B OCP Development Permit Guidelines and Site Context Information
C Bylaw No. 2864 - CD-96 zone
D Developer’s Response to DRC - April 29, 2016
E Developer’s Response to DRC - May 13, 2016
Comments from Design Review Committee [DRC]
This application was originally considered at the regular meeting of DRC held on April 13, 2016. Members comments included concern that neighbours will be forced to look at the concrete parking garage as opposed to plantings normally provided within setbacks that are absent from this project. Concern was also raised about this built form being repeated along Esquimalt Road as members felt the building fails to represent design that Esquimalt deserves at the entrance to the community.
The DRC resolved that the application should be returned to a future meeting with revised plans that address the following issues:
1) Altering the parking garage access
2) Lowering the parking garage further into grade
3) Revising the lobby entrance way
4) Improving compliance with the current Official Community Plan Guidelines.
In response to this motion, the applicant has provided a revised set of drawings, stamped May 6, 2016 [Schedule A], that recess the planting areas along the east and west sides of the second floor terraces into the parking garage thereby allowing the previous wall railing to be replaced with a woven wire metal railing. The applicant states in his letter, stamped “Received April 29, 2016” [Schedule D], that this will reduce the perceived height of the parking garage by 25%. Additional changes include the expansion of the grill treatment on the east wall of the parking garage to the structural limits of the building. This significant opening will be enhanced by climbing vegetation and a panel screen proposed to ensure headlights from vehicles do not spill out of the parking area onto the adjacent site. The amended plans also propose opening and screening the southern wall of the parking garage separating the covered and outdoor visitor parking thereby softening the southern façade and improving access of natural light into the parking structure.
This application was reconsidered at the regular meeting of DRC held on May 11, 2016.
Members were enthusiastic about seeing redevelopment in this area, however, they voiced concern that this design would set a poor precedent for development along Esquimalt Road. Members again stated that the parking structure should be lowered further into grade even if a reduction in the number of parking spaces was required. Members indicated that their concerns from the April meeting had not been addressed.
The DRC resolved that the application should be presented again to the DRC, with a focus on addressing the following:
1) Altering the parking garage access
2) Lowering the parking garage further below grade
3) Revising the lobby entrance way
4) Improving compliance with the current Official Community Plan Guidelines
5) Concerns that the proposed development will set a precedent for future developments on Esquimalt Road.
In response this motion, the applicant’s architect explored altering the parking garage design and concluded it would significantly impact the streetscape design as well as the number of available parking spaces. The applicant responded to the DRC recommendation via a letter, stamped “Received May 13, 2016” [Schedule E], indicating his objections to the DRC’s conclusions and providing a sketch analysis prepared by the project architect supporting his assertions. The applicant requested that, notwithstanding the DRC recommendation, this Development Permit application proceed to Council for consideration.
Comments from Other Departments
The plans for this proposal were circulated to other departments and the following comments were received by the submission deadline:
Building Inspection: Building to be constructed to requirements of BC Building Code 2012 and Municipal Building Code Bylaw, 2002, No. 2538. Applicant must address all issues contained within the Township Development Protocol should application be approved. Plans will be reviewed for compliance with BC Building Code upon submission of a Building Permit application.
Engineering Services: Engineering staff have completed a preliminary evaluation of Works and Services that would be required for the 30 unit multiple family residential building proposed to be located at 826 Esquimalt Road. Staff confirms that the design appears achievable on the site and that appropriate works and services are available in the immediate area. If approved the development must be serviced in accordance with bylaw requirements including, but not limited to, new sewer and drain connections, underground hydro, telephone and cable services and new road works may be required up to the centre line of Esquimalt Road. Should the application be approved, additional comments will be provided when detailed civil engineering drawings are submitted as part of a Building Permit application.
Zoning
CD-96 zoning was specifically tailored to accommodate this proposal. The proposed design is generally consistent with the form and character presented supporting the rezoning application and the building height, massing, density, siting and parking requirements satisfy all of the CD-96 zone regulations outlined in Amendment Bylaw No. 2864 [Schedule C].
Official Community Plan
Policy direction contained in the Esquimalt Official Community Plan was reviewed by staff and presented to Council as part of the consideration of the rezoning application. Official Community Plan, Section 9.3.5, Guidelines for Owners of Land within the Development Permit Area No. 1 - Multi-Unit Residential are specifically relevant to consideration of this Development Permit Application [Schedule B].
OCP Section 9.3.5(a) states, in part, that the size and siting of buildings abutting single, two- unit and townhouse dwellings should reflect the size and scale of adjacent development and compliment surrounding uses. The proposed building designed to be consistent with the OCP Land Use Designation for this site, Multi-Unit High-Rise Residential. While the building design is inconsistent with this guideline today, the OCP envisions the adjacent sites to the east and west redeveloping at, or above, 6 storeys and the sites to the north redeveloping in a 4 storey residential form.
OCP Section 9.3.5(b) states, in part, that new buildings should be designed and sited to minimize visual intrusion onto the privacy of surrounding homes and minimize the casting of shadows onto the private outdoor space of adjacent residential units. The proposed building designed to be 18 metres in height with substantial mass therefore it is expected to cast shadows on properties to the east and west. Properties to the north of this parcel are already affected by the presence of a significant Oak Tree located at the rear of 843 Old Esquimalt Road. The applicant has provided a shadow analysis showing the impact shadows cast by the proposed building have on neighbouring parcels [Schedule B]. Residential units in this proposal are sited in close proximity to the side lot lines, when compared to existing zoning standards. Overlook onto adjacent sites is an unavoidable consequence of this siting profile dictated by the relatively small lot width.
OCP Section 9.3.5(c) states that high density multi-unit residential buildings should be designed so that the upper storeys are stepped back from the building footprint with lower building heights along the street. While the five upper floors do step in from the edges of the first floor podium, it is the opinion of staff that this proposal is not consistent with this design guideline.
OCP Section 9.3.5(d) states that landscaping should emphasize the creation of an attractive streetscape as well as provide privacy between individual buildings and dwellings, screen parking areas and break up large expanses of paving. The proposed installation of two street trees located within the municipal boulevard combined with the multi-stem trees and shrubs proposed for the east and west corners of the Esquimalt Road frontage will soften the grade level impression of the building and screen the two outdoor parking spaces from the street. Proposed planting beds along the east and west sides of the elevated terraces will also serve to create visual interest and provide screening for those using the outdoor terrace patio spaces. The combination of plantings and the retention of the significant oak tree north of the site will preserve and enhance privacy on the northern terrace patios and will provide a focal point for residents looking down from units located on the upper floors.
OCP Section 9.3.5(f) states that underground parking will be provided for any multi-unit residential building exceeding four storeys. This proposal does not comply with this design guideline.
OCP Section 9.3.5(i) states that retention and protection of trees and natural habitat is encouraged. The applicant provided a Tree Assessment of the significant Oak Tree during consideration of the rezoning application and has, through a covenant, agreed to enforce the recommendations to ensure required tree protection during construction.
OCP Section 9.3.5(k) states that site lighting should provide personal safety while being of a type that reduces glare and does not cause spillover of light onto adjacent parcels. The recessed and partially sunken lobby and shielded pedestrian areas on the terrace level should mitigate any significant light spillover to the street or adjacent sites. It remains unclear to staff whether light passively emitting from the parking garage will have a detrimental impact on the property to the east or the west due to the light permeable security grills proposed along the east and west walls of the parking garage. In recognition of this issue the design now includes panel screens along the open portion of the east wall to mitigate headlights shining on the adjacent building.
OCP Section 9.3.5(l) states garbage receptacle areas should be screened. This is achieved as the garbage and recycling areas are contained within first floor podium.
OCP Section 9.3.5(p)(i) states that in order to create more aesthetic and functional design, long narrow parcels with minimal road frontage should be avoided. The subject property is approximately 19 metres wide across the Esquimalt Road frontage which is a narrow for a multi-unit residential development of this kind.
OCP Section 9.3.5(p)(ii) states that parking areas should be placed away from the street. The parking demand for this high density project has driven the applicant to use as much of the site as possible for parking, including installing spaces in front of the principal building adjacent to the street.
OCP Section 9.3.5(p)(iii) states that porches and windows should overlook the street to increase personal interaction and safety. The proposed design achieves this by providing the outdoor terrace on the second floor and decks and windows for units on floors above.
ISSUES:
1. Rationale for Selected Option
The proposed building conforms to the CD-96 zoning regulations approved by Council to accommodate development specific to this site facilitating a building in the proposed form. Staff note that this proposal fails to comply with a number of the OCP Design Guidelines for DPA No. 1. These failures relate directly to the constraints of this relatively small site driving the form of the building to yield a notable number of new residential units. While the design is inconsistent with some of the OCP guidelines, it is the opinion of staff that the proposed character of the building including the cladding materials, windows, railings, concrete treatments and landscaping combine to create an attractive addition to Esquimalt Road at a primary gateway into the community.
2. Organizational Implications
This Request for Decision has no organizational implications.
3. Financial Implications
This Request for Decision has no financial implications.
4. Sustainability & Environmental Implications
Densification along important transit routes is generally regarded as an important strategy in reducing greenhouse gas emissions from internal combustion engines. In addition, the subject property is located near several major employment centres which would allow residents to walk or cycle to work thereby also reducing greenhouse gas emissions. Finally, density has been shown to be directly correlated with economic development - a key component of sustainability.
Tree protection measures specific to the significant Oak Tree located to the north are a requirement of a covenant registered on the title of the property as this is an important community asset.
5. Communication & Engagement
As this is a Development Permit application requiring no variances, the Local Government Act does not require that notification be provided.
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000064, attached as Schedule A to Staff Report DEV-16-043, respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of a thirty unit, six storey, multiple family residential building detailed on architectural plans provided by Praxis Architects Inc. stamped “Received May 6, 2016”, and on the landscape plan prepared by Lombard North Group Inc., stamped “Received March 29, 2016”, and sited as detailed on the survey plan prepared by J.E. Anderson and Associates, stamped “Received March 29, 2016”, be approved, and staff be directed to issue the permit, subject to receipt of the required landscape security, and register the notice of permit on the property title of the property identified as PID 006-075-495, Lot 2, Section 11, Esquimalt District, Plan 4225 [826 Esquimalt Road].
2. Council denies approval of Development Permit DP000064.