REQUEST FOR DECISION
DATE: June 5, 2023 Report No. DEV-23-038
TO: Dan Horan, Chief Administrative Officer
FROM: James Davison, Manager of Development Services
SUBJECT:
Title
405 Treebank Rd E, Development Permit and Development Variance Permit
End
RECOMMENDATION:
Recommendation
1. That Council approve Development Variance Permit No. DVP00132 and Development Permit No. DP000212 for the property located at 405 Treebank Rd E.
2. That staff be directed to register a Section 219 Covenant on the property containing the Flood Hazard Assessment Report.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Green Building Checklist
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: Draft DP000212
Appendix B: Draft DVP00132
Appendix C: Aerial Map
Appendix D: Site Survey
Appendix E: Architectural Drawings
Appendix F: DPA No. 1: Natural Environment - Applicant Comments
Appendix G: DPA No. 2: Protection of Development from Hazardous Conditions - Applicant Comments
Appendix H: Green Building Checklist
Appendix I: Flood Hazard Assessment Report
Appendix J: Staff Presentation
Appendix K: Applicant Presentation
PURPOSE OF APPLICATION:
The applicant has made application for a renovation to the existing house under RS-3: Single Family Waterfront Residential on a property backing onto the Gorge Waterway. The applicant requires a Development Permit to address DPA No. 1: Natural Environment and DPA No. 2: Protection of Development from Hazardous Conditions. The hazardous condition in this case is the risk of tsunami, which the applicant has submitted a Flood Assessment Risk Report to address.
The applicant requires a Development Variance Permit for the following variance to the RS-3: Single Family Waterfront Residential zone:
• Interior lot line setback variance from 1.5m to 1.3m
TIMELINE:
Application received: November 21, 2022
Advisory Planning Commission: April 18, 2023
CONTEXT:
Applicant: Ben Schweitzer, Epic Project Management Inc.
Owner: Richard Fleming and Elizabeth Wheaton
Designer: Epic Project Management Inc.
Property Size: 923m2
OCP Land Use Designation:
Current: Low Density Residential
Proposed: Low Density Residential
Zone: RS-3: Single Family Waterfront Residential
Existing Land Use: Single Family Residential
Proposed Land Use: Single Family Residential
Surrounding Land Uses:
North: Gorge Waterway
South: Single Family Residential
East: Single Family Residential
West: Single Family Residential
OCP ANALYSIS:
DPA No. 1: Natural Environment
18.5.1 Lands Free of Development
Lands to remain free of development, with conditions:
1. Lands within 7.5 m of the high watermark of the Gorge Waterway shall be retained in as natural a state as possible. Where the land has been previously altered, the area shall be restored with native trees and plants.
The applicant has expressed a desire to keep the existing, partially disturbed landscaping consisting mainly of a lawn above the embankment.
4. Replacement of, expansion of, densification and intensification of the use of existing buildings within 20 m of the high watermark of the Gorge Waterway is discouraged; detached accessory dwelling units are strongly discouraged in this location.
In this case the renovation is not expanding the footprint closer to the waterway and is making significant improvement to the dwelling.
18.5.4 Natural Environment
2. Use International Dark-Sky Association approved lighting fixtures in outdoor locations. Outdoor lighting shall be no brighter than necessary, be fully shielded (directed downward and designed to serve pedestrian needs), have minimal blue light emissions and only be on when needed. Avoid vanity lighting, and lighting directed into the night sky and trees tops.
The applicant has committed to meeting these standards for outdoor lighting fixtures.
DPA No. 2: Protection of Development from Hazardous Conditions
The applicant was required to complete a Flood Hazard Assessment Report (attached as Appendix I:) and the recommendation is as follows:
Based on this assessment, it is our opinion that the land is safe for the use intended, i.e. a renovation of the structure within the existing footprint. As a condition of the Building Permit, a Section 219 covenant should be registered on the title of the property with this Flood Hazard Assessment attached. The covenant shall notify future owners of the property of the susceptibility to flooding and hold the Township of Esquimalt harmless from future claims and damages.
ZONING ANALYSIS:
RS-3: Waterfront Residential Zone
|
|
RS-3 Permitted |
Proposed |
|
Parcel Size |
530m2 |
923m2 |
|
Lot Width |
16m |
20.32m |
|
Floor Area Ratio |
0.35 |
0.25 |
|
Building Height |
7.3m |
7.21m |
|
Front Setback |
7.5m |
23m |
|
Side Setback (W) |
1.5m |
1.33m* (variance required) |
|
Side Setback (E) |
3m (total 4.5m for both) |
3.17m (total 4.5m) |
|
Rear Setback (Water) |
7.5m |
8m |
SECTION 219 COVENANT
A Section 219 Covenant should be registered on title and contain the Flood Hazard Assessment Report (Appendix I) such that any purchaser of the property is aware of the flood hazard risk on the property.
COMMENTS FROM COMMITTEES:
Advisory Planning Commission forwarded the application to Council with the recommendation for approval as the variance is minor.
COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES:
Parks: Application circulated to Parks. No comments provided.
Songhees Nation: Application circulated to Songhees Nation as a portion of the property is located within both known and probable archaeological sites. They expressed a desire to see an Environmental Impact Assessment completed by a Registered Professional Biologist in such a location. This is not currently required. Council could consider requiring this in certain situations in the future.
ISSUES:
1. Rationale for Selected Option
The proposal has a significant impact on the use and enjoyment of the property while having minimal impact on the natural environment or the use and enjoyment of adjacent properties. The side yard setback variance from 1.5m to 1.3m does not have a significant impact on neighbouring properties and it will still enable traversal of the side yard for people and light equipment.
2. Organizational Implications
There are no organizational implications because of this application.
3. Financial Implications
There are no financial implications because of this application.
4. Sustainability & Environmental Implications
There are no significant sustainability or environmental implications because of this application.
5. Communication & Engagement
The notice of variance for the June 5, 2023 Council agenda was sent out to 13 recipients on Friday, May 19, 2023. No public consultation component is required of the applicant.
ALTERNATIVES:
1. That Council approve Development Permit No. DP000212 and Development Variance Permit No. DVP00132, direct staff to issue the permits, register the notices on title and draft the S. 219 Covenant.
2. That Council deny Development Permit No. DP000212 and Development Variance Permit No. DVP00132 with reasons.