REQUEST FOR DECISION
DATE: March 23, 2022 Report No. DEV-22-027
TO: Laurie Hurst, Chief Administrative Officer
FROM: Yvonne Mitchell, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Covenant Modification and Development Variance Permit - 474 Head Street
End
RECOMMENDATION:
Recommendation
1. That Council approves the amendments to Section 219 Covenant CA5828218 [Appendix A] and directs staff and legal counsel to register a Notice of the Covenant Modifications document on the title of the property located at 474 Head Street [PID 030-850-428; Lot A Section 11 Esquimalt District Plan EPP77112]; and
2. That Council approves Development Variance Permit No. DVP00117 [Appendix B] including the following variance to Parking Bylaw, 1992, No. 2011, as illustrated on the sketch plans by Christine Lintott Architects, stamped “Received August 11, 2021”, and subject to registration of the modification of Section 219 Covenant CA5828218, staff be directed to issue the permit and register the notice on the title of the property located at 474 Head Street [PID 030-850-428; Lot A Section 11 Esquimalt District Plan EPP77112].
Parking Bylaw, 1992, No. 2011, Part 4 (11)(1) - Visitor Parking: To reduce the number of required visitor parking spaces by 2 (from 24 required visitor parking spaces to 22).
Body
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, No. 2791, 2012
Local Government Act
STRATEGIC RELEVANCE:
Healthy, Livable, and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: S.219 Covenant Modification
Appendix B: DVP00117 - 474 Head Street
Appendix C: Air photo, Parking Bylaw excerpt, Mail notice
Appendix D: Applicant’s letter and architectural plans
The owners of the subject property have revised their proposed development. The proposed development involves changes to the parkade provided on the subject property. The four parking stalls designated as long-term visitor parking spaces on parkade level two are to be reallocated as residential parking spaces. On parkade level one, two additional visitor parking spaces have been provided. These changes result in a reduction of the number of visitor parking spaces provided from 24 to 22, and an increase in the number of residential parking spaces provided from 73 to 77.
This necessitates a modification to the Section 219 Covenant that illustrates these changes to the parking provided. The schedules would also be updated to reflect the amended sketch plans.
To summarize, the Section 219 Covenant would be modified as follows:
• Remove requirement to provide four long term visitor parking spaces.
• Modify the proposed number of residential stalls from 73 to 77.
• Modify the required number of residential visitor spaces on parkade level one from 16 to 18.
The request also necessitates a variance to reduce the number of required visitor parking spaces provided on the subject property. The Parking Bylaw 1992, No. 2011 requires 1 of every 4 required residential parking spaces to be provided as visitor spaces, for a total of 24 visitor parking spaces required to be provided as part of the proposed development. The changes proposed by the applicant to the parkade result in a total of 22 visitor parking spaces provided on the subject property.
CONTEXT:
Applicant: Max Tomaszewski [Tenfold Projects Inc., Inc. No. BC1040336]
Owner: Tenfold Projects Inc., Inc. No. BC1040336
Designer: Christine Lintott Architects
Property Size: Metric: 4,072.19 m2 Imperial: 43,832.69 ft2
OCP Land Use Designation:
Current: Neighbourhood Commercial Mixed-Use
Proposed: Neighbourhood Commercial Mixed-Use
Zone: Comprehensive Development District No. 98 [CD No. 98]
Existing Land Use: Commercial/Residential Mixed-Use
Proposed Land Use: Commercial/Residential Mixed-Use
Surrounding Land Uses:
North: Neighbourhood Commercial/West Bay Commercial
South: DND Federal Land [Work Point]
East: Marine Commercial
West: Single Family and Two Family Residential
OCP ANALYSIS:
The proposed reduction to the number of required visitor parking spaces is compliant with the Neighbourhood Commercial Mixed-Use designation of the subject property.
ZONING ANALYSIS:
The Comprehensive Development District No.98 [CD No.98] zone in Zoning Bylaw, 1992, No. 2050 requires off-street parking to be provided in accordance with the requirements of Parking Bylaw, 1992, No. 2011 (as amended).
PARKING ANALYSIS:
The parking proposed for this use requires a variance to Parking Bylaw 1992, No. 2011. The number of required visitor parking spaces for the subject property is 1 of every 4 required residential spaces, or 24 visitor parking spaces. The development variance permit would vary the number of required visitor parking spaces and allow a reduction in the required number of visitor parking spaces to 22 spaces. Four of the required visitor parking spaces would be instead used as residential spaces and two additional visitor parking spaces would be added to the development, for a total reduction of two required visitor spaces.
TIMELINE:
August 11, 2021 - Covenant Modification and Development Variance Permit application received
March 23, 2022 - Variance mail notifications sent
ISSUES:
1. Rationale for Selected Option
The modification of the Section 219 Covenant would ensure that a minimum total of 22 visitor parking spaces would be available as part of the proposed development for use by visitors and 77 spaces are available for residents.
The variance proposed is minor in nature, representing a reduction of approximately eight percent of the visitor parking space requirement for this site. The reallocation of the four long term residential guest stalls as residential stalls would allow four units in the proposed development to have two parking spaces each.
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
This Request for Decision has no sustainability or environmental implications.
5. Communication & Engagement
The Local Government Act does not require notification or a public hearing to be provided when a municipality is considering modification of a Section 219 Covenant.
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on March 23 and March 24, 2022 indicating that Council would be considering the requested Development Variance Permit on April 4, 2022.
ALTERNATIVES:
1. That Council approves the proposed modification to Section 219 Covenant CA5828218, and authorizes the Mayor and Chief Administrative Officer to execute the necessary documents and directs staff and legal counsel to register a Notice of the Covenant Modifications document on title; that Council resolves that Development Variance Permit No. DVP00117 be approved, and subject to registration of the modification to Section 219 Covenant CA5828218, staff be directed to issue the permit and register the notice on title.
2. That Council postpone consideration of the proposed modification of Section 219 Covenant CA5828218 and Development Variance Permit No. DVP00117 pending receipt of additional information.
3. That Council pass a resolution to not support the proposed modification to Section 219 Covenant CA5828218 and deny Development Variance Permit No. DVP00117, with reasons.