REQUEST FOR DECISION
DATE: May 11, 2021 Report No. DEV-21-039
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit Application - 874 Fleming Street
End
RECOMMENDATION:
Recommendation
That Council resolve that Development Permit No. DP000157, attached as Appendix “A” of staff report DEV-21-039, authorizing the form and character of the proposed development of a 21 metre [6 storey], 137 unit, affordable rental, multiple family residential building, consistent with the architectural plans provided by Low Hammond Rowe Architects and the landscape plans provided by LADR Landscape Architects, both stamped “Received May 6, 2021”, and sited in accordance with the site plan prepared by Powell and Associates BC Land Surveyors, stamped “Received December 18, 2020”, be approved, and staff be directed to issue the permit, and register the notice on the title of 874 Fleming Street [PID 002-900-246, Lot B, Section 10, Esquimalt District, Plan 25267].
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Local Government Act
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
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: Development Permit No. DP000157
Appendix B: Subject Property Map, 2017 Air Photo
Appendix C: Applicant Narrative
Appendix D: DP Guidelines Questionnaires - DP Areas No. 1, 6, 7 and 8
Appendix E: Bylaw No. 2988 - 874 Fleming Street - CD 130
Appendix F: Applicant’s Council Presentation
Timeline:
December 18, 2020 - Development Permit Application received
March 10, 2021 - Design Review Committee provides comments
May 6, 2021 - Amended drawing package received addressing DRC comments
May 17, 2021 - Council consideration of approval of Development Permit No. DP000157
Purpose of Application:
The applicant is proposing to build a six storey, 137-unit, affordable rental, multiple family residential building. Comprehensive Development District No. 130 of Esquimalt Zoning Bylaw 1992, No. 2050 has been written to regulate this development.
This site is located within 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, and Development Permit Area No. 8 - Water Conservation. 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. The development permit is required prior to a building permit being issued for the construction of a structure.
Evaluation of this application should focus on issues respecting the form and character of the development, including landscaping, exterior design and finish of the buildings and other structures in relation to the relevant development permit area design guidelines. In addition, evaluation should focus on natural environment protection, energy conservation, greenhouse gas reduction, and water conservation in relation to the relevant development permit area guidelines.
Context:
Applicant/ Owner: Greater Victoria Housing Society [James Munro]
Designer: Low Hammond Rowe Architects [Paul Hammond/ Roya Darvish]
Surrounding Land Uses:
North: Single Family Residential/ Vacant Land
South: Park/ Single Family Residential
West: Vacant Land [Future Development Site]
East: Multiple Family Residential
Zoning: Comprehensive Development District No. 130 [CD No. 130]
OCP Designation: Medium Density Residential
OCP Analysis:
This site is located within 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, and Development Permit Area No. 8 - Water Conservation.
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 and this permit must be approved by Council and issued by staff prior to a Building Permit being approved for the construction of the building.
As Council is required to consider all the Official Community Plan guidelines from these Development Permit Areas in evaluating this application, the applicant has submitted a document addressing the relevant OCP Design Guidelines. In the attached document, the applicant has responded to every applicable design guideline noting how the proposed design responds to each of the guidelines (Appendix D).
Development Permit Area No.1 is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.
OCP Section 18.5.1 Lands Free of Development
The applicant has committed to preserve the mature Arbutus tree located on the south east portion of the site. Tree protection measures have been embedded in a covenant registered on the property title requiring protection measures be in place prior to works beginning on the site.
OCP Section 18.5.2 Natural Features
Most of the guidelines in this section cannot be easily applied due to the construction of an underground parking structure covering much of the site. The underground parking structure will intrinsically disturb, compact and remove areas of natural soils, with the notable exception of the Critical Root Zone of the Arbutus tree. The project does not impact any of the public view corridors denoted in Schedule ‘G’ of the Official Community Plan and the proposed landscaping will frame the view of the principal entry from the street.
OCP Section 18.5.3 Biodiversity
The applicant has included landscaping consistent with these guidelines, noting that the landscaping will be contain some native plant species. Drought tolerant species will be used with broad-leaf trees providing shade.
OCP Section 18.5.4 Natural Environment
The applicant has incorporated four Katsura trees into the front gardens and 7 Magnolia trees into the western side of the building to add beatification, shading and modest noise reduction while a grove of Douglas Fir and Black Pine on the north side of the building will mask noise from Craigflower Road.
OCP Section 18.5.5 Drainage and Erosion
Only the existing Arbutus tree is preserved but 19 trees are proposed to be planted across the site. The surface parking is currently proposed with an impermeable surface, however runoff is being diverted to planting areas to increase stormwater infiltration. The applicant states that planted area will be close to 100% coverage as landscape matures.
OCP Section 18.5.7 Native Bird Biodiversity
The site will be repopulated with a mix of coniferous and deciduous trees planted in a multilayered landscape offering a variety of habitat.
Development Permit Area No.6 is designated for the purpose of establishing objectives for the form and character of multi-family residential development.
OCP Section 23.5 Multi-Family Residential Guidelines
The building has been designed with a step back on the uppermost floor on the front side of the building to reduce the perceived mass. Setbacks and landscaping are used to mitigate overlook to adjacent parcels, and south side surface parking is surrounded by landscaping and most of the parking is underground. The protected Arbutus tree is being retained giving a degree of maturity to the frontage landscaping. Many units overlook Lampson Park and Fleming Street and family units located on the west side of the building have direct access to the walkway leading to the front of the site.
Development Permit Area No.7 is designated for the purposes of energy conservation and greenhouse gas reduction.
OCP Section 24.5.1 Siting of buildings and structures
The proposed building has been rotated slightly to offer southern and western exposure to the majority of the units. A pedestrian path provides access to units on the west side and the design provides for a pedestrian path from the front door, eastward, linking directly to the public path leading to Craigflower Road. The building is sited to allow for the installation of 19 replacement trees and the design includes three distinct outdoor amenity areas for use by residents as well as defined walkways leading toward Lampson Park.
OCP Section 24.5.2 Form and exterior design of buildings and structures
The applicant states that sun shading features are designed into the south and west sides of the building to minimize cooling needs and all suites have windows that are operable. There are no skylights and rooftop gardens as part of the design.
OCP Section 24.5.3 Landscaping
Landscaping is focused on the south, west and north sides of the building achieving shading, screening, beautification as well as overlook and noise management. 19 new trees and the preserved Arbutus tree will ensure the massing of the building will be mitigated as landscaping matures.
OCP Section 24.5.4 Machinery, equipment and systems external to buildings and other structures
The applicant states that they will use heat pumps and durable materials in the design of this project. The proposed development will offer 7 level one car charging spaces and offers the possibility to place a car share vehicle on site.
OCP Section 24.5.5. Special Features
The applicant is proposing to use a durable cement-board siding and brick. The wood and building products will be locally sourced when possible.
Development Permit Area No.8 is designated for the purpose of water conservation.
OCP Section 25.5.1. Building and Landscape Design
Green areas on site will provide some water absorption and aid in the retention of storm water. Contrary to the guideline, the underground parking structure extends beyond the building wall but still does provide areas on site for infiltration. The applicant states that the proposed development will utilize species requiring low water requirements and that are drought tolerant in its landscaping.
OCP Section 25.5.2. Landscaping - Select Plantings for Site and Local Conditions
The applicant states that the proposed development will include native and adaptive plants as well as large conifers along the north edge of the site.
OCP Section 25.5.3. Landscaping - Retaining Stormwater on Site
For both the underground parking structure and the principal building, much of the natural soils will be compacted and removed. To enhance stormwater infiltration, large planting areas are proposed in conjunction with tree planting. Permeable pavers are not included in the design of walkways or the surface parking area but stormwater will be directed toward planting areas where feasible.
OCP Section 25.5.4. Landscaping - Water Features and Irrigation Systems
The applicant states that the proposed development will include irrigation systems and plantings installed to Canadian Landscape Standards.
Zoning and Parking Analysis:
The following chart summarizes many of the requirements contained within Comprehensive Development District No. 130 (Appendix E), which was created for this proposal.
Floor Area Ratio: The combined FAR of this proposal is 2.0 which is less than the 2.1 permitted in the CD No. 130 zone. It is consistent with the maximum FAR of 2.0 identified within the OCP in areas designated for Medium Density Residential without the provision of amenities. This proposed density delivers 137 units, ranging from 4 bedroom to studio units.
Lot Coverage: The Lot Coverage is 66% below grade and 49% above grade which is consistent with the 70% Lot Coverage below grade and 50% above grade in the CD No. 130 zone.
Setbacks: The proposed setbacks to all lot lines associated with this irregular shaped lot are consistent with those contained in the CD-130 zone.
Height: The proposed building height of 20 metres is consistent with the 22.0 metres permitted in the Comprehensive Development No. 130 Zone.
Parking: Six parking spaces and one loading space are provided for in front of the building for visitors and deliveries with the remaining 60 spaces located underground with the access integrated into the building design combining to make the parking appear as a minor use on this site. The building also incorporates services for cycling, supported by one lockup per unit and 14 electric scooter parking stalls for seniors.
The proposed number and location of parking stalls complies with the requirement of the Comprehensive Development No. 130 Zone.
Comments From Other Departments:
The plans for this proposal were circulated to other departments and the following comments were received:
Building Inspection: No concerns. Building is to be constructed to requirements of BC Building Code 2018 and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a Building Permit application.
Engineering Services: Engineering staff has completed a preliminary evaluation of works and services that would be required for the 137-unit multiple-family residential building. 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 with bylaw requirements including, but not limited to, new sewer and drain connections, underground power, telephone and cable services, and new road works up to at least the centre line of Fleming Street meaning the installation of a significant portion of roadway. All proposed Works and Services shall be as per Bylaw No. 2175. The applicant is responsible for retaining the services of qualified professional for the design and construction supervision of all Works and Services, including construction costs, engineering fees, administrative fees and as indicated in Bylaw No. 2175. Should this application be approved, additional comments will be provided when detailed engineering drawings are submitted as part of a Building Permit application.
Parks Services: Tree protection measures shall be implemented consistent with those detailed in the Section 219 covenant registered on the title of the property prior to any work being undertaken on the site. Tree protection plan must include fencing surrounding the critical root zone sited around the dripline of all other trees scheduled to be retained on the site. Any trees scheduled for removal as a result of this proposal shall be reviewed to determine if a Tree Removal Permit is required
Comments from the Design Review Committee [DRC]:
This application was considered at the regular meeting of the DRC held on March 10, 2021.
The DRC made the following motion: The Design Review Committee recommends the application be forwarded to Council with recommendation to approve the Development Permit.
Reason: The design is consistent with the relevant Development Permit Guidelines.
In response to the feedback from the DRC the applicant revised the proposal in the following ways:
• Refined the landscape plan to better address grades on the site and protect the building from stormwater damage via installation of a significant French Drain across the north and east lot lines.
• Amended the frontage design to incorporate a dedicated Persons with Disabilities ramp access abutting the east side of the front parking area leading to the front entrance.
It is the opinion of staff that these changes address the comments provided by the DRC and improve the project.
ISSUES:
1. Rationale for Selected Option
Approval of this development would add affordable housing units targeted toward families and seniors thereby meeting an identified need in Esquimalt.
While the proposal provides for a lower parking capacity than has traditionally been considered for multiple family buildings, this reduction has been supported by comparison to parking demand in other GVHA facilities and the premise that the target clients are less likely to own vehicles than those able to afford market housing. This reduction in parking capacity also serves to encourage residents to choose alternative, lower carbon transportation solutions.
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
Increasing residential density in existing neighbourhoods is believed to make a community more sustainable. The applicant has committed to installing Level 1 electric vehicle charging stations at seven parking spaces, providing secure storage for bicycles, as well as lockups just off the Fleming Street frontage offering opportunities for visitors to choose to cycle to the site, all of which serve to encourage alternative transportation. The applicant has also committed to construct the building to Step 3 of the BC Energy Step Code.
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 resolve that Development Permit No. DP000157 be approved, and subject to receipt of the required landscape security staff be directed to issue the permit and register the notice on the title of the property.
2. That Council resolve that Development Permit No. DP000157 be amended as directed, and subject to receipt of the required landscape security, staff be directed to issue the permit and register the notice on the title of the subject property.
3. That Council deny Development Permit No. DP000157 with reasons.