REQUEST FOR DECISION
DATE: August 5, 2022 Report No. DEV-22-069
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment and Rezoning Application - 602, 608 and 612 Nelson StreetEnd
RECOMMENDATION:
Recommendation
That Council:
1. give third reading to Official Community Plan Bylaw, No. 2922, Amendment Bylaw, 2022, No. 3061;
2. give third reading to Zoning Bylaw, 1992, No, 2050, Amendment Bylaw, 2022, No. 3062;
3. direct that a Section 219 Covenant be registered on title to secure the items outlined in Staff Report No. DEV-22-069 prior to consideration of adoption of Bylaw No. 3062.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Parking Bylaw, 1992, No. 2011
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: Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2022, No. 3061
Appendix B: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3062
Appendix C: Aerial Map
Appendix D: Architectural Drawings and Landscape Plan
Appendix E: Green Building Checklist
Appendix F: Parking Study
Appendix G: Official Community Plan Amendment Consultation Response
Appendix H: Developer’s Public Consultation Summary
Appendix I: Public Input
Appendix J: Applicant’s Presentation
Appendix K: Staff’s Presentation
PURPOSE OF APPLICATION:
The applicant is requesting a change in zoning from RM-1 [Multiple Family Residential] to a Comprehensive Development District zone [CD]. This change is required to accommodate the proposed 12-storey, mixed-used commercial residential building.
Evaluation of this application should focus on issues related to zoning such as the proposed height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, usable open space, parking, land use, fit with the neighbourhood, and consistency with the overall direction contained within the Official Community Plan.
This site is located within Development Permit Area No. 1 - Natural Environment, No. 6 - Multi-Family Residential (the proposed OCP amendment will replace this development permit area with No. 4 - Commercial), No. 7 - Energy Conservation and Greenhouse Gas Reduction, and No. 8 - Water Conservation. The form and character of the buildings, landscaping, and consistency with guidelines relating to natural environment protection, energy conservation, greenhouse gas reduction, and water conservation would be controlled by a development permit that would be considered by Council at a future date as the proposed development is situated within Development Permit Areas 1, 4, 6, 7, and 8.
If approved, Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2022, No. 3061, attached to Staff Report DEV-22-069 as Appendix A, would
• amend Official Community Plan Bylaw, 2018, No. 2922 by changing Schedule ‘B’, being the Proposed Land Use Designations Map by changing the designation of 602 Nelson Street [PID 004-930-941 Lot B, Suburban Lot 37, Esquimalt District, Plan 11993], 608 Nelson Street [PID 005-398-991 Lot 2, Suburban Lots 37 and 45, Esquimalt District, Plan 9871 Except Part in Plan 16394], and 612 Nelson Street [PID 005-398-860 Lot 1, Suburban Lot 45, Esquimalt District, Plan 9871], all shown cross hatched on Schedule ‘A’ of Bylaw No. 3061, from ‘High Density Residential’ to ‘Commercial/Commercial Mixed-Use’; and
• amend Official Community Plan Bylaw, 2018, No. 2922 by changing Schedule ‘H’, being the Development Permit Areas Map by changing the designation of 602 Nelson Street [PID 004-930-941 Lot B, Suburban Lot 37, Esquimalt District, Plan 11993], 608 Nelson Street [PID 005-398-991 Lot 2, Suburban Lots 37 and 45, Esquimalt District, Plan 9871 Except Part in Plan 16394], and 612 Nelson Street [PID 005-398-860 Lot 1, Suburban Lot 45, Esquimalt District, Plan 9871], all shown cross hatched on Schedule ‘A’ of Bylaw No. 3061, from Development Permit Area No. 6 - Multi-Family Residential to Development Permit Area No. 4 - Commercial.
In addition, Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3062, attached to Staff Report DEV-22-069 as Appendix B proposes to amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 602 Nelson Street [PID 004-930-941 Lot B, Suburban Lot 37, Esquimalt District, Plan 11993], 608 Nelson Street [PID 005-398-991 Lot 2, Suburban Lots 37 and 45, Esquimalt District, Plan 9871 Except Part in Plan 16394], and 612 Nelson Street [PID 005-398-860 Lot 1, Suburban Lot 45, Esquimalt District, Plan 9871], all shown cross hatched on Schedule ‘A’ of Bylaw No. 3062, from RM-1 [Multiple Family Residential] to CD No. 150 [Comprehensive Development District No. 150].
As the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report No. DEV-22-056, the applicant has voluntarily agreed to register a Section 219 Covenant on the titles of PID 004-930-941 Lot B, Suburban Lot 37, Esquimalt District, Plan 11993 [602 Nelson Street], PID 005-398-991 Lot 2, Suburban Lots 37 and 45, Esquimalt District, Plan 9871 Except Part in Plan 16394 [608 Nelson Street], and PID 005-398-860 Lot 1, Suburban Lot 45, Esquimalt District, Plan 9871 [612 Nelson Street] 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:
• Lot consolidation of 602 Nelson Street, 608 Nelson Street, and 612 Nelson Street prior to development as the proposed CD No. 150 Zone does not work unless the parcels are consolidated
• Building to be designed and constructed to conform to the requirements of Step 3 of the BC Energy Step Code
• A minimum of 11 visitor parking spaces will be provided and remain
• Provision of one-year BC Transit bus passes for the Victoria Regional Transit System for the residents in the 10 sub-market units
• Statutory Right of Way over the southeast corner of the parcel with a minimum area of 200 m2 to allow for privately owned, publicly accessible open space
• Building to include a minimum of two 3-bedroom dwelling units
If directed by Council, staff and legal counsel for the Township will coordinate with the property owner to ensure a Section 219 Covenant addressing the issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 3062 to Council for consideration of adoption.
CONTEXT:
Applicant: Mark Holland
Owner: Nelson Esquimalt Development Ltd., Inc.No. BC1308317
Architect: Casola Koppe Architects
Total Property Size: Metric: 2072 m2 Imperial: 22302 ft2
OCP Present Land Use Designation: Townhouse Residential
OCP Proposed Land Use Designation: High Density Residential
Zone: RM-1
Existing Land Use: Multiple Family Residential
Proposed Land Use: Commercial and Multiple Family Residential [12 Storeys]
Surrounding Land Uses:
North: Single Family Residential
South: Multiple Family Residential [1-Storey Triplex]
East: Multiple Family Residential [3-Storey Townhouses]
West: Multiple Family Residential [3-Storey Apartments and 3-Storey Townhouses]
CHRONOLOGY:
October 22, 2021 - Rezoning application submitted
January 12, 2022 - Design Review Committee
February 15, 2022 - Advisory Planning Commission
July 5, 2022 - Council gives 1st and 2nd Reading
OCP ANALYSIS:
The proposed development is not consistent with the Proposed Land Use Designation of ‘High Density Residential’ as the proposed development consists of a residential floor area ratio of 3.39. The applicant is proposing community amenities for the bonus density as per the Official Community Plan guideline. Moreover, the applicant is proposing commercial use on a portion of the ground floor. The applicant has applied for an Official Community Plan amendment to change the Proposed Land Use Designation from ‘High Density Residential’ to ‘Commercial / Commercial Mixed-Use’ to accommodate the commercial use.
OCP Section 3.3 Housing and Community identifies land lying north of Esquimalt Road between Admirals Road and CFB Esquimalt as an area for residential densification.
OCP Section 5.1 states a policy to ‘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.’
OCP Section 5.3 Medium and High-Density Residential Development states an objective to support compact, efficient medium density and high-density residential development that integrates with existing proposed adjacent uses.
Supporting policies in this section consistent with the proposed development include:
• Encourage new medium-density and high-density residential development with high quality design standards for building and landscaping and which enhance existing neighbourhoods.
• Prioritize medium density and high-density residential development in proposed land use designated areas that:
1. reduce single occupancy vehicle use;
2. support transit service;
3. are located within proximity to employment centres; and
4. accommodate young families.
• A mix of dwelling unit sizes should be provided in medium density and high-density residential land use designated areas to meet the varying housing needs of Esquimalt residents.
• Encourage the incorporation of spaces designed to foster social interaction.
• Encourage the installation of electric vehicle charging infrastructure in medium and high-density residential developments.
OCP Section 5.4 Affordable Housing states an 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.
Supporting policies in this section consistent with the proposed development include:
• Encourage the provision of affordable housing by the private market and the non-profit housing sector. Partnerships between private, public or non-market housing providers may be supported. These might include innovative approaches such as limited equity, rent-to-own, co-op, mixed market and non-market projects.
• Consider bonus density, parking relaxations or other development variances where a development proposal includes affordable, special needs or seniors housing. This may apply to both market and non-market housing, and mixed-used proposals. A housing agreement may be entered into between the Township and the owner.
OCP Section 5.5 Age Friendly Housing states an objective to expand and protect seniors housing in Esquimalt to enable citizens to “age in place”.
Supporting policies in this section relevant with the proposed development include:
• Support and facilitate development of multi-generational housing, including in medium and high-density residential developments.
• Encourage child friendly developments that provide appropriate amenities such as outdoor play areas for young children that are well-separated from traffic circulation and parking areas.
• Encourage adaptable design for all dwellings created through rezoning.
• Encourage more accessible housing for people with mobility limitations on the ground floor of medium and high-density residential buildings.
Section 5.6 Family and Child-friendly Housing states an objective to address the shortage of family and child friendly housing in Esquimalt.
Supporting policies in this section relevant with the proposed development include:
• Encourage the provision of medium and high density commercial mixed-use developments designed for families with children.
Section 6.1 Commercial & Commercial Mixed-Use states an objective to encourage the development of a complete community where commercial enterprises serve the needs of area residents, local businesses, and visitors.
Supporting policies in this section relevant with the proposed development include:
• Encourage a mix of uses in the commercial/commercial mixed-use areas.
• In commercial mixed-use areas, buildings with a floor area ratio of up to 3.0 for the residential portion may be acceptable.
• Consider, where appropriate, development proposals with densities greater than those set out through density bonus of floor-space provided that the additional density results in the provision of community amenities deemed appropriate by Council for the benefit of the community.
• For the purposes of density bonuses, “amenities” may include but are not limited to:
1. Privately-owned, publicly-accessible open space;
2. Public Art;
3. Contributions towards the enhancement of public recreation facilities;
4. Contributions towards street and boulevard enhancements, including street furniture and decorative lighting;
5. Building to a higher step of the BC Energy Step Code than required under the Building Bylaw;
6. Group daycare and respite facilities for children and adults;
7. Preservation of heritage structures, features or assets;
8. Affordable housing units;
9. Special needs housing units;
10. Community gardens;
11. Enhanced green family play space for residents;
12. Public space improvements supporting and surrounding transit stations; and
13. Other as may be appropriate to the development proposal or surrounding community as deemed appropriate by Council.
Section 11.3.2 New Development states the following policies:
• Encourage developers to provide a variety of end of trip facilities for active transportation.
• Encourage bike lockers in multi-unit residential and commercial/commercial mixed-use developments.
Section 13.3.3 Building Energy Efficiency states the following policies:
• Adopt best practices based on evolving building technologies and materials.
• Encourage the adoption of passive, efficient, and renewable energy systems in new buildings and during building retrofits.
• Investigate options for encouraging developers to achieve high energy performance in new developments through such tools as density bonusing, expedited permit approval process, rebate of development fees, revitalization tax exemption, and other incentives.
• Pursue higher energy-efficiency performance in new developments, through the achievement of higher steps in the BC Energy Step Code as an amenity associated with rezoning.
Under Section 13.3.6 Passenger Vehicle Alternatives, the following policies are listed:
• Encourage the installation of electric vehicle charging infrastructure in all new multi-unit developments.
• Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
• Encourage the inclusion of car share in new multi-unit residential developments.
Relevant Development Permit Area Guidelines to consider as it relates to the rezoning application include:
• New buildings should be designed and sited to minimize visual intrusion on to the privacy of surrounding homes and minimize the casting of shadows on to the private outdoor space of adjacent residential units.
• The size and siting of buildings that abut existing single- and two-unit and townhouse dwelling should reflect the size and scale of adjacent development and complement the surrounding uses. To achieve this, height and setback restrictions may be imposed as a condition of the development permit.
• Underground parking should be encouraged for any multi-unit residential buildings exceeding four storeys.
• 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 to usable outdoor open spaces.
• In commercial, residential, or commercial mixed-use designated areas with taller developments, vary building heights to strategically reduce the shading on to adjacent buildings.
• Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
• Provide usable outdoor amenities such as seating, food gardens, mini-libraries, and play spaces in semi-public areas to enhance the experience of walking and recreating in the neighburhood.
• Provide space for absorbent landscaping, including significantly sized trees on the site and by not allowing underground parking structures to extend beyond building walls.
ZONING ANALYSIS:
The following chart lists the floor area ratios, lot coverage, setbacks, height, parking, and usable open space of this proposal. Zoning Bylaw, 1992, No. 2050 does not currently contain a zone that can accommodate this proposed development.
|
|
Proposed CD Zone |
|
Residential Units |
109 |
|
Total Floor Area Ratio |
3.39 |
|
Lot Coverage (at the parking level) |
79% |
|
Lot Coverage at or above the First Storey |
56% |
|
Setbacks: |
|
|
Front [Esquimalt Road] |
6.0 m |
|
Eastern Exterior Side [Nelson Street] |
3.0 m |
|
Western Interior Side |
3.0 m |
|
Rear |
6.0 m |
|
Building Height |
39.7 m [12 storeys] |
|
Off Street Parking |
110 spaces |
|
Usable Open Space |
210 m2 [10%] |
|
Bicycle Parking |
109 bicycle parking spaces for residents |
Floor Area Ratio: The FAR of this proposal is 3.39. This is greater than the 3.0 limit in the Official Community Plan for the residential portion of a building in a commercial mixed-use area. As the FAR exceeds 3.0, density bonus amenity contributions are in the form of 10 housing units to be sold and maintained at sub-market rate.
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1.3 parking spaces per unit to be provided for multiple family developments. For the proposed commercial unit, 14 parking spaces are required to serve the 185 square metres. Parking areas are required to be constructed to meet the standards for manoeuvring aisle dimensions and associated parking stall dimensions detailed in Part 14, Table 2, of the bylaw.
This proposal incorporates 110 parking spaces to serve 109 residential dwelling units. Hence, the parking ratio of 1.0 is less than the required amount of 1.3 which would equate to 142 parking spaces. 11 parking spaces are provided to serve the commercial unit in conjunction with its use as visitor parking.
COMMENTS FROM THE DESIGN REVIEW COMMITTEE:
This application was considered at the regular meeting of the Design Review Committee held on January 12, 2022. Members had positive sentiments to amending the Official Community Plan to accommodate the proposed commercial space. Members appreciated that the site was designed around the notable Garry oak tree. Members recommended that the design of the public outdoor amenity space be reconsidered and more developed. The steps leading to this space deter the public character of the amenity space. Members had concerns with the setback to the southwest portion of the tower. Finally, the committee recommended that this building be constructed to Step 3 of the BC Energy Step Code.
The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
• Reconsideration of the setback to the southwest corner of the tower
• Construction to Step 3 of the BC Energy Step Code.
In response to the comments from the Design Review Committee, the applicant increased the setback at the 1st storey of the southwest corner of the tower by 0.5 metres. On the 2nd storey, the massing remained the same while the setbacks for the balconies to the western lot line increased by 1.2 metres. In addition, the applicant committed to construction to Step 3 of the BC Energy Step Code.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
This application was considered at the regular meeting of the Advisory Planning Commission on February 15, 2022. Members were supportive of the creation of the commercial space as part of the Official Community Plan amendment. The commission recommended additional commercial space and the provision of 3-bedroom units.
The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as the proposal fits with the Township’s Official Community Plan.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
Building to be constructed to requirements of BC Building Code and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a building permit application.
Engineering Services:
Engineering has completed a preliminary review of the proposed development and have the following comments:
1. Completion of Works and Services
According to Bylaw 2175, including all schedules, the developer may be required to provide all works and services up to the road centerline. All works and services that are required to be constructed and installed at the expense of the owner shall be constructed before the Approving Officer approves the development unless the owner:
• Deposits with the municipality a security deposit in the amount of 120% of the estimated construction cost, and
• Enters into a servicing agreement with the municipality.
2. Serviceability
A preliminary review reveals that the subject properties are connected to the municipal sewer and drain systems. The proposed development is to have services as per Bylaw 2175 (Subdivision and Development Control Bylaw) including, but not limited to new sewer and drain service connections, new curb/gutter/sidewalk along frontages, and underground H/T/C to the proposed development. Loading zone should be encouraged on site.
3. Engineering
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 cost, engineering fees, administrative fees, and as indicated in Bylaw 2175.
4. Additional comments
Additional comments will be provided when a civil engineering drawing has been received.
Parks:
Parks staff has completed a preliminary review of the proposed on-site and off-site landscaping and commented that a tree cutting permit application is required for all trees to be removed. All trees that are to be retained, including boulevard trees, must have tree protection fencing erected at the drip line.
Fire Services:
Fire Services staff has provided the following recommendations:
• 1500+ gallons per minute hydrant to be placed at the northwestern corner of Esquimalt Road and Nelson Street
• Heat detectors to be provided in the sites connected to the fire alarm and annunciating to the correct location
• Full sprinkler system and balcony protection
• Smoke alarms to be installed in each suite as per the BCBC
• Provide fire alarm audibility in the suite as per the BCBC
• Ensure that the pull stations are located along both egress paths from the suites
• Ensure emergency lighting is provided in the corridor and stairway
• Ensure fire extinguishers are provided in the corridor
• Update the fire safety plan for the building and install new floor placards
• Ensure that the emergency window wells meet BCBC
• Ensure all parking and storage areas are serviced by sprinklers as per BCFC
• Provide suitable ground ladder access around full perimeter of building
• Burial of hydro lines in front of building facing Esquimalt Road and on Nelson Street up until Miles Street to permit ladder truck access
ISSUES:
1. Rationale for Selected Option
The proposal would increase the amount of housing near CFB Esquimalt. In addition, it will provide 10 sub-market rate units in perpetuity. Moreover, the Design Review Committee and the Advisory Planning Commission recommended approval of this application.
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
The applicant has completed the Esquimalt Green Building Checklist, detailing green features that will be considered for inclusion in the development should it be approved [Appendix E].
5. Communication & Engagement
As this is a rezoning application going to a Public Hearing, notices were mailed to tenants and owners of properties within 100 m (328 ft) of the subject property. Signs indicating that the property is under consideration for a change in zoning have been installed on the frontage and updated to include the date, time, and location of the public hearing.
As required by the Development Application Procedures and Fees Bylaw, 2012, No. 2791, the applicant delivered notices to properties within 100 m of the subject property soliciting comments. Notices to all owners and occupants of properties within 100 m of the subject site were also mailed by the municipality. Staff confirms that the applicant has provided the required submissions [Appendix H]. In addition, the Township of Esquimalt has also received public input relating to this application [Appendix I].
ALTERNATIVES:
1. Council, upon considering comments made at the Public Hearing, gives third reading to Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 3061; gives third reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3062; and staff be directed to coordinate with the property owner to ensure registration of the S. 219 covenant on the title of the subject property prior to returning Bylaw No. 3061 and Bylaw No. 3062 to Council for consideration of adoption.
2. Council postpones consideration of Bylaw No. 3061 and Bylaw No. 3062 pending receipt of additional information. [Receipt of new information from the applicant or the public would require a new Public Hearing.]
3. Council defeats Bylaw No. 3061 and Bylaw No. 3062.