REQUEST FOR DECISION
DATE: February 24, 2021 Report No. DEV-21-012
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment and Rezoning Application - 842 Carrie StreetEnd
RECOMMENDATION:
1. That Council, upon considering comments made at the public hearing, resolves that Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 3005 attached as Appendix A to Staff Report DEV-21-012, which would amend Official Community Plan - Schedule H, the ‘Development Permit Areas’ map, by changing the designation of 842 Carrie Street [PID 000-385-336, Lot 14, Section 10, Esquimalt District, Plan 276] shown cross-hatched on Schedule ‘A’ of Bylaw No. 3005, from ‘DPA No. 6 - Multi-Family Residential’ to ‘DPA No. 3 - Enhanced Design Control Residential’ be given third reading; and
2. That Council, upon considering comments made at the public hearing, resolves that Zoning Bylaw,1992, No. 2050, Amendment Bylaw No. 3006, attached as Appendix B to Staff Report DEV-21-012, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 842 Carrie Street [PID 000-385-336, Lot 14, Section 10, Esquimalt District, Plan 276], shown cross-hatched on Schedule ‘A’ of Bylaw No. 3006, from Single Family Residential [RS-1] to Comprehensive Development District No. 133 [CD. No. 133], be given third reading; and
3. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-21-012, the applicant has voluntarily agreed to register a Section 219 Covenant on the title of 842 Carrie Street [PID 000-385-336, Lot 14, Section 10, Esquimalt District, Plan 276] in favour of the Township of Esquimalt providing the lands shall not be subdivided, built upon or used (as appropriate to the requirement, as drafted by the Township’s solicitor at the applicant’s expense) in the absence of all of the following:
• New building to achieve BC Energy Step Code level 3
• Existing building to achieve BC Energy Step Code level 3, when renovated
• Electric vehicle charger for the new house, and for the existing house upon renovation
• Heat pump will be provided as the primary heating for the new house which would not have a gas connection (fossil fuel heating source).
• Existing house would have a heat pump installed as the primary heating source upon renovation and keep its gas connection
• A secondary suite would be permitted in the Site A building only
• Neither lot can be sold until the renovations are completed
To this end, Council direct staff to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned items is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 3005 and Amendment Bylaw No. 3006 to Council for consideration of adoption.
RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922 [OCP]
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
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 our Official Community Plan (OCP).
BACKGROUND:
Appendix A: Bylaw No. 3005 - OCP Amendment - 842 Carrie Street
Appendix B: Bylaw No. 3006 - Zoning Amendment [CD133] - 842 Carrie Street
Appendix C: Air photo, OCP Designation & Zoning maps, RS-1 zone
Appendix D: Applicant’s letter, architect’s drawings, landscape plans
Appendix E: Green Building Checklist
Appendix F: Neighbourhood meeting invitation & letters of support
Appendix G: OCP consultation letter and concept plan
Appendix H: Public Hearing notification and Vic. News advertisement
Appendix I: Applicant’s Presentation
Appendix J: Staff Presentation
Purpose of the Application:
The applicant is requesting a change in zoning from Single Family Residential [RS-1] to a Comprehensive Development District, to facilitate the future subdivision of the lot and the construction of a new house to the west of the existing principal dwelling. The Esquimalt Official Community Plan Bylaw, 2018, No. 2922 [OCP] “Present” land use designation for this property is Low Density Residential and the “Proposed” land use designation is Townhouse Residential.
This site is located within the following OCP Development Permit Areas (DPA): No. 1 - Natural Environment, No. 6 - Multi-Family Residential, No. 7 - Energy Conservation and Greenhouse Gas Reduction, and No. 8 - Water Conservation. The application includes a request for an OCP amendment to the Schedule H - Development Permit Areas map for this location, changing the site from DPA No. 6 - Multi-Family Residential to DPA No. 3 - Enhanced Design Control Residential. If the rezoning application is approved by Council then, Development Permits would be required for each new lot to ensure that the proposals are generally consistent with the Development Permit Area guidelines, before building permits could be issued for construction.
Evaluation of this application should focus on issues relevant to zoning such as the appropriateness of the proposed uses, height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, parking, how the building relates to adjacent and surrounding sites and whether the proposal is generally appropriate and consistent with the overall direction contained within the Official Community Plan.
Context:
Applicant: Janos Farkas, Xquimalt Developments
Owners: Janos Farkas and Xeniya Vins
Architect: Xeniya Vins, Xquimalt Developments
Property Size: Metric: 578.5 m2 Imperial: 6226.9 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Two Family Residential
South: Esquimalt High School
West: Single Family Residential
East: Single Family Residential
Existing Zoning: Single Family Residential [RS-1]
Proposed Zoning: Comprehensive Development District [CD]
Existing Present OCP Designation: Low Density Residential (No change proposed)
Existing Proposed OCP Designation: Townhouse Residential (No change proposed)
Official Community Plan (OCP) Analysis:
The proposed development, for the subdivision of the existing lot, to accommodate an additional single-family dwelling is consistent with the OCP “Present” Land Use Designation of “Low Density Residential”. The “Proposed” Land Use Designation of “Townhouse Residential” supports future townhouses in this area. It could be argued that this proposed development impedes future consolidation of lots and the realization of townhouses in this location.
The following OCP objectives and policies are considered in the evaluation of this proposal.
OCP Section 5.1 General: Anticipated Housing Needs in the Next Five Years
Objective: Support expansion of housing types within Esquimalt while addressing concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character.
• Policy - Support the development of a variety of housing types and designs to meet the anticipated housing needs of residents. This may include non-market and market housing options that are designed to accommodate young and multi-generational families, the local workforce, as well as middle and high income households.
• Policy - Support the inclusion of secondary suites within present and proposed low density residential land use designated areas.
• Policy - Support the development of a variety of housing types and designs to meet the anticipated housing needs of residents. This may include non-market and market housing options that are designed to accommodate young and multi-generational families, the local workforce, as well as middle and high income households.
• Policy - Encourage the development of rental accommodation designed for a variety of demographic household types, including young families.
5.2 Low Density Residential Redevelopment
Objective: Strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community.
• Policy - Proposed redevelopment or infill within present low density residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.
• Policy - Consider the inclusion of secondary suites in infill developments where it is demonstrated that neighbourhood impacts can be mitigated.
5.4 Affordable Housing
Objective: To encourage a range of housing by type, tenure, and price so that people of all ages, household types, abilities and incomes have a diversity of housing choice in Esquimalt.
• Policy - Encourage the provision of missing middle housing types such as two-unit dwellings (duplexes), townhouses and small lot infill as one avenue to address housing affordability.
Development Permit Guidelines: Though a Development Permit is not being considered at this time many of the DP guidelines require that zoning issues (useable open space, lot coverage, height, density, massing, siting, setbacks, parking, how the buildings relate to adjacent homes) and natural area / tree protection be considered to be able to fulfill the guidelines.
This site is currently in the following Development Permit Areas:
• Development Permit Area No. 1 - Natural Environment
• Development Permit Area No. 6 - Multi-Family Residential
• Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction
• Development Permit Area No. 8 - Water Conservation
As the applicant is proposing to build to the Present OCP designation [Low Density Residential] with a single-unit infill development, and an OCP amendment to the development permit areas is being sought, the Development Permit Area No. 3 - Enhanced Design Control Residential Single-unit Infill Housing guidelines are provided here.
DPA No. 3 Enhanced Design Control Residential - is designed to establish objectives for the form and character of intensive residential development.
20.6 Guidelines - Single-unit Infill Housing
20.6.1 Relationship to Existing Houses
• Where an existing single-unit residence is to be retained and a second residence placed on the parcel, the existing dwelling is to be upgraded and made to be complementary with the new construction.
• Where new infill single houses are proposed, the design of the new houses should be complementary in scale, size, exterior finishes, rooflines, and colours to the predominant styles of housing in the neighbourhood. It is important to ensure that the new construction fits with the overall scale and character of existing houses. The intent of this guideline is not to encourage the replication or imitation of surrounding buildings but rather the design of structures that complement the streetscape.
20.6.2 Massing
• New structures should be designed so that the overall massing is in keeping with other single-unit residences in the immediate area. New structures for lots other than corner or double frontage lots should be limited to one and one half storeys.
• New structures, which are two storeys in height, should be designed so that the second storey is partially concealed within the slope of the roof to minimize the height of the building. The use of dormers set into the roof is preferred to a flat roof or a peaked roof set over the second storey.
20.6.3 Privacy/Screening/Shadowing
• Proposed infill dwellings should have only a minimal impact on adjacent homes and be separated from neighbouring residences by vegetation, screening, natural elevation differences, or a combination of these features.
• Infill dwellings should be sited to minimize the casting of shadows on to the private outdoor space of adjacent residential dwellings.
20.6.4 Landscaping
• Retention and protection of trees and the natural habitat is encouraged wherever possible.
20.6.5 Private Open/Yard Space
• Any proposal for single-unit infill housing should provide for usable, private outdoor areas for each dwelling, at grade.
OCP Section 18 Development Permit Area No. 1 - Natural Environment - is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.
18.5.2 Natural Features - Natural features and areas to be preserved, protected, restored, and enhanced where feasible:
• Retain existing healthy native trees, vegetation, rock outcrops and soil wherever possible.
• Preservation of natural topography is favoured over blasting or building of retaining walls.
• Narrower manoeuvering aisles, fewer and smaller parking spaces can be considered where natural areas are being conserved.
18.5.3 Biodiversity - Landscaping features that will protect restore and enhance biodiversity. Where feasible:
• In residential locations plan for ‘nature out front’; for new landscaping in front and exterior side yards use a variety of site-appropriate, native species; thereby contributing positively to pedestrian friendly urban streets, future greenways, and habitat enhanced corridors.
18.5.5 Drainage and Erosion - Measures to control drainage and shoreline erosion.
Where it is reasonable:
• Preserve, restore, and enhance treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles, and branches. Consider that native conifers are well adapted to local wet winters.
• Reduce the impact of surges in stormwater on shorelines by designing on-site stormwater retention systems to contain the first 3 centimetres [1.25 inches] of precipitation on site, per precipitation event; and incorporating rainwater collection systems into roof design and landscaping.
• Maximize the ratio of planted and pervious surfaces to unplanted surfaces, and design paved areas to direct water towards vegetated areas, to help reduce surface run off. Where paved surfaces are needed, intersperse with drought resistant vegetation and trees, to help absorb stormwater, provide shade, and reduce the local heat island effect.
OCP Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction - is designated for the purposes of energy conservation and greenhouse gas reduction.
24.5.1 Siting of buildings and structures - Where it is feasible:
• Orient buildings to take advantage of site specific climate conditions, in terms of solar access and wind flow; design massing and solar orientation for optimum passive performance.
• Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent usable outdoor open spaces.
• Strategically site buildings to sustain and increase the community’s urban forest tree canopy cover.
• Provide space for significant landscaping including varying heights of trees, shrubs, and ground covers.
24.5.2 Form and exterior design of buildings and structures - Where it is feasible:
• Orient larger roof surfaces to the south for potential use of solar panels or photo-voltaic roofing.
• Use roof over-hangs, fixed-fins or other solar shading devices on south and west facing windows to reduce peak summer heat gain while enabling sunlight penetration in winter months.
24.5.3 Landscaping - Where it is feasible:
• Develop a front yard landscape design that is natural and delightful, so residents do not need to leave the neighbourhood to experience nature.
• Choose open space and landscaping over dedicating space to the parking and manoeuvering of private motor vehicles.
• Conserve native trees, shrubs, and soils, thereby saving the cost of importing materials and preserving already sequestered carbon dioxide.
24.5.5 Special Features - Where it is feasible:
• Reuse of existing buildings and building materials is encouraged.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation - is designated for the purpose of water conservation.
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping) - Where it is feasible:
• Preserve and restore treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles, and branches. Consider that native conifers are well adapted to local wet winters.
• Avoid disturbing, compacting, and removing areas of natural soil, as these are naturally absorbent areas.
Zoning Analysis:
The proposed Comprehensive Development District zone would contain the following uses: single family residential, secondary suite (Site A), home occupation, boarding, and urban hens.
F.A.R., Lot Coverage, Siting, Setbacks, etc.: The following chart compares the requirements of the Single Family Residential Zone [RS-1] with the proposal.
The subject property is an average size single family residential lot where the current zoning allows a single-family residence with a secondary suite. The applicant is proposing to build a new four-bedroom house, and to renovate the existing house with substantial changes that increase the floor area. Renovations would include replacing the roof with a larger second floor including a large dormer, changing the layout of the interior rooms including moving interior staircases, changing many window locations, adding a balcony on the south elevation, and rebuilding the foundation as the basement ceiling height (6” 6”) is below standard height.
The original date of the house is uncertain as it predates “Esquimalt” incorporation, with the “cement foundation” being a renovation by building permit in 1936. This building is not included on the Community Heritage Register or the old heritage list though it does have some heritage value as a modest sized older home in the neighbourhood, due to its age and corner location. The removal of the existing roof and the addition of the new top floor with the dormer will significantly impact the character of this building. Staff have suggested a reduction to the size of the addition, particularly the size of the dormer.
As per Council direction of September 14, 2020, the proposal includes a secondary suite in the eastern house (Site A), but not the western house (Site B). The applicant has agreed to a covenant that would assure Council that there would be no more than the three dwellings at this location in the future.
Floor Area Ratio (FAR) measures the size of a building (or for all buildings on a lot) as a ratio of the size of the lot on which the building(s) sits. The existing house with the proposed addition to the top floor would have a FAR of 0.52 (after subdivision), the new house on a 256 m2 (2755 ft2) lot would have a FAR of 0.37. Together, the proposed average FAR for this development at 0.45, substantially above the 0.35 FAR achieved by most previous Single-unit infill developments and the RS-1 zone. The small size of the proposed lots contributes to the resulting high FAR.
The existing house has a shallow front setback (1.5 metres to the front stairs) when compared to the RS-1 zone (7.5 metres) setbacks, which has provided the relatively large backyard on this lot. This yard/house configuration provides for the proposed additional residential building location, which would also have a shallow front yard (3.01 metres) and a shallow rear yard (2.99 metres).
Parking Analysis:
Parking Bylaw 1992, No. 2011 requires one parking space per dwelling unit, and that in residential zones the parking spaces shall be located no closer to the front lot line than the front face of the principal building. The plans show one parking space behind the front face of the principal building for each potential lot. Tandem parking is not recognized by the parking bylaw as it does not provide adequate access to the inner parking space. The secondary suite, in the Site A house, would not have a parking space on site, and would rely on on-street parking. Providing an additional parking space on Site A would result in a loss of usable outdoor open space and would require the removal of street parking spaces to facilitate a new driveway.
Comments from Other Departments:
The plans for this proposal were circulated to other departments and the following comments were received by the submission deadline:
Community Safety Services (Building Inspection): Project will be subject to review for current BC Building Code and municipal bylaw compliance at the time of a Building Permit application.
Engineering Services: Engineering staff have completed a preliminary evaluation of the Works and Services that would be required for the proposed development. According to Subdivision and Development Control Bylaw, 1997, No. 2175, including all schedules, the developer may be required to provide all works and services up to the road centre line, including new curb, gutter, and sidewalks. Staff confirms that the design appears achievable on the site and that new drain and sewage services maybe required for both buildings. The applicant is responsible for retaining the services of a qualified professional for the design and construction supervision of all works and services, including construction costs, engineering fees, administrative costs, and contingency allowance, as indicated in Bylaw No. 2175. Additional comments provided when detailed engineering drawings submitted.
Parks Services: Tree protection fencing will need to be erected at the dripline for all trees, and possibly the neighbour’s trees. Tree cutting permits are required for all trees that may be removed.
Fire Services: Please ensure a suite address is visible from the street.
Comments from the Advisory Planning Commission:
This application was considered at the regular meeting of the Advisory Planning Commission [APC] held on April 21, 2020. The APC members supported this application and recommended the following:
That the application for rezoning, that would facilitate the future subdivision of the subject property and the construction of an additional house to the west of the existing dwelling be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve, as the proposal is a good addition to the neighbourhood and will meet the green features Esquimalt is looking for.
Note: The APC was not asked to contemplate secondary suites at this location.
Timeline:
October 25, 2019 - Rezoning application received (staff request revisions)
Feb. 21, 2020 - Revised application package received
April 21, 2020 - Advisory Planning Commission provides a recommendation
May 6, 2020 - Applicant’s neighbourhood consultation package mailed
June 3, 2020 - OCP Amendment consultation package mailed
September 14, 2020 - Council grants first reading to Bylaw No. 3005 and 3006
October 26, 2020 - Council grants second reading to Bylaw No. 3005 and 3006 and directed the Corporate Officer to schedule a public hearing. Prior to scheduling the public hearing development services staff negotiated the details of the Section 219 covenant terms with the applicant.
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission has indicated support for the proposal. The proposal has the potential to add one single family residential house and upgrades to the existing house with the legalization of a secondary suite.
The applicant has indicated a willingness to enter into a Section 219 Covenant to secure on-site amenities, including:
• New building to achieve BC Energy Step Code level 3
• Existing building to achieve BC Energy Step Code level 3, when renovated
• Electric vehicle charger for the new house, and for the existing house upon renovation
• Heat pump will be provided as the primary heating for the new house which would not have a gas connection (fossil fuel heating source).
• Existing house would have a heat pump installed as the primary heating source upon renovation and keep its gas connection
• A secondary suite would be permitted in the Site A building only
• Neither lot can be sold until the renovations are completed
The covenant items improve this application and may assist Esquimalt in meeting its commitment to reduce community greenhouse gas emissions. The proposed renovations to the existing house do not have a time commitment with the applicant agreeing to not sell either house until all covenant items are fulfilled, which means the houses could be rented indefinitely without completion of the renovations.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
The applicant has completed the Green Building Checklist (Appendix E).
5. Communication & Engagement
Public Notification: As this is an OCP amendment and rezoning application, as required by the Local Government Act, staff mailed notices to owners and occupiers of properties located within 100 metres (328 feet) of the subject property on February 16, 2021 (Appendix H). Notice of the Public Hearing was printed in the February 18th and February 25th editions of the Victoria News and the signs indicating the property is under consideration for a change in zoning that has been installed adjacent to the Carrie Street lot line and the Colville Road lot line were updated to show the date, time, and location of the Public Hearing. To date, development services staff have received no correspondence because of these notifications.
Official Community Plan [OCP] Consultation:
The Official Community Plan and Zoning Bylaw Amendment concept plan was circulated to local First Nations and other agencies for comment on June 3, 2020. No concerns were raised from these agencies (Appendix G).
Applicant’s neighbourhood consultation:
In lieu of a neighbourhood meeting, at the direction of the Director of Development Services and with the assistance of staff, on May 6, 2020 a letter was mailed on behalf of the applicant to the owners and residents of properties located within 100 metres of the subject property, providing them with an opportunity to telephone or email the applicant with any comments or concerns; in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791 (Appendix F).
ALTERNATIVES:
1. That Council, upon considering comments made at the Public Hearing, reads Official Community Plan Amendment Bylaw No. 3005 a third time and reads Zoning Amendment Bylaw No. 3006 a third time and directs staff to coordinate with the property owner to ensure registration of the section 219 covenant on the title of the subject properties addressing land use restrictions and securing amenities prior to returning Amendment Bylaw No. 3005 and Amendment Bylaw No. 3006 to Council for consideration of adoption.
2. Council postpone consideration of Official Community Plan Amendment Bylaw No. 3005 and Zoning Amendment Bylaw No. 3006 pending receipt of additional information.
3. Council defeats Official Community Plan Amendment Bylaw No. 3005 and Zoning Amendment Bylaw No. 3006.