REQUEST FOR DECISION
DATE: April 6, 2021 Report No. DEV-21-025
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment and Rezoning Application - 819, 821, 823 Esquimalt Road.
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2021, No. 3026, attached to Staff Report No. DEV-21-025 as Appendix A, which 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 819 Esquimalt Road [PID 009-205-292 Lot 20, Section 11, Esquimalt District, Plan 265], 821 Esquimalt Road [PID 009-205-276 Lot 19, Section 11, Esquimalt District, Plan 265], and 823 Esquimalt Road [PID 006-854-940 Lot 18, Section 11, Esquimalt District, Plan 265], all shown cross hatched on Schedule ‘A’ of Bylaw No. 3026, from ‘Neighbourhood Commercial Mixed-Use’ 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 819 Esquimalt Road [PID 009-205-292 Lot 20, Section 11, Esquimalt District, Plan 265], 821 Esquimalt Road [PID 009-205-276 Lot 19, Section 11, Esquimalt District, Plan 265], and 823 Esquimalt Road [PID 006-854-940 Lot 18, Section 11, Esquimalt District, Plan 265], all shown cross hatched on Schedule ‘A’ of Bylaw No. 3026, from Development Permit Area No.6 - Multi-Family Residential to Development Permit Area No.4 - Commercial;
be given first and second reading;
2. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3027, attached to Staff Report DEV-21-025 as Appendix B, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 819 Esquimalt Road [PID 009-205-292 Lot 20, Section 11, Esquimalt District, Plan 265], from C-1 [Convenience Commercial] and by changing the zoning designation of 821 Esquimalt Road [PID 009-205-276 Lot 19, Section 11, Esquimalt District, Plan 265], and 823 Esquimalt Road [PID 006-854-940 Lot 18, Section 11, Esquimalt District, Plan 265], from RM-4 [Multiple Family Residential], all shown cross-hatched on Schedule “A” of Bylaw No. 3027, to CD No. 136 [Comprehensive Development District No. 136], be given first and second reading;
3. That Council authorizes the Corporate Officer to schedule a Public Hearing for Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 3026, and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3027, mail notices and advertise for same in the local newspaper; and
4. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-21-025, the applicant has voluntarily agreed to register a Section 219 Covenant on the titles of 819 Esquimalt Road [PID 009-205-292 Lot 20, Section 11, Esquimalt District, Plan 265], 821 Esquimalt Road [PID 009-205-276 Lot 19, Section 11, Esquimalt District, Plan 265], and 823 Esquimalt Road [PID 006-854-940 Lot 18, Section 11, Esquimalt District, Plan 265] 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 819 Esquimalt Road, 821 Esquimalt Road, and 823 Esquimalt Road prior to development as the proposed CD No.136 Zone does not work unless the parcels are consolidated.
• Granting of a Statutory Right of Way across the northernmost 3.0 metres of the combined parcel frontage to allow for the installation of a public sidewalk and all associated rights to pass over this portion of the lands.
• Sidewalk, not less than 2.0 metres in width, be installed across the parcel frontage within the Statutory Right of Way.
• Inclusion of not less than three (3) street trees, and associated tree collars, tree grates and tree wells, and having a caliper of not less than 7.0 centimetres with additional specifications subject to approval by the Director of Parks and Recreation Services, be installed along the frontage of the consolidated parcel.
• Inclusion of not less than three (3) shade trees, and associated tree collars, tree grates and tree wells, and having a caliper of not less than 7.0 centimetres with additional specifications subject to approval by the Director of Parks and Recreation Services, be installed along Rear Lot Line of the consolidated parcel.
• Required visitor parking spaces will be provided and remain designated Visitor spaces in perpetuity.
• That the consolidated parcel is not to be subdivided (to prevent stratification).
• That the building height and massing be restricted to a maximum height of eight-storeys and a maximum Floor Area Ratio of 2.95.
• Prohibition on the use of Natural Gas as an energy source for space heating in the building.
• 8 Commercial designated parking spaces secured for intended use.
Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the aforementioned issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 3026 and Amendment Bylaw No. 3027 to Council for consideration of adoption.
Body
RELEVANT POLICY:
Declaration of a 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
Building Regulation Bylaw, 2017, No.2899 Official Community Plan Bylaw, 2018, No. 2922
STRATEGIC RELEVANCE:
Healthy, Livability, and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendices
Appendix A: Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 3026
Appendix B: Zoning Bylaw 1992, No. 2050, Amendment Bylaw No. 3027 [CD-136]
Appendix C: Site Plan, Air Photo, OCP Maps, Zoning Map
Appendix D: Architectural Plans, Shadow Plans, Landscape Plan and BCLS Site Plan
Appendix E: Applicant’s Narrative
Appendix F: Green Building Checklist
Appendix G: Avenir Community Consultation Summary
Appendix H: OCP Amendment Consultation Letter to Stakeholders (Revised)
Appendix I: West Bay Residents Association Position Letter
Appendix J: Avenir/ Zeidler Council Presentation
Timeline
October 13, 2020 - Application received
October 19, 2020 - Applicant’s Community Consultation Letter mailed - 337 notices (Appendix G)
January 25, 2021- Revised drawings received
February 1, 2021 - Council approves OCP Stakeholder Consultation List.
February 18, 2021- Revised drawings received
February 18, 2021 - OCP Amendment Consultation Letter mailed to stakeholders
March 1, 2021 - Revised drawings received
March 9, 2021 - Revised OCP Amendment Consultation Letter mailed to stakeholders (Appendix H)
March 10, 2021 - Application reviewed by the Design Review Committee
March 23, 2021 - Application reviewed by the Advisory Planning Commission
April 6, 2021 - Revised drawings received
April 12, 2021- Council consider reading Bylaw No. 3026 and Bylaw No. 3027 a first and second time.
Purpose of the Application
The applicant is requesting a change to the OCP ‘Proposed Land Use Designations’ map by changing the designation for the subject properties from ‘Neighbourhood Commercial Mixed-Use’ to ‘Commercial/ Commercial Mixed-Use’ and change the ‘Development Permit Areas’ map by changing the applicable Development Permit Area for the subject properties from ‘Multi-Family Residential’ to ‘Commercial’. These changes are required to allow Esquimalt Council to consider a concurrent application for a change in zoning of the subject properties from the current mix of RM- 4 [Multiple Family Residential] and C-1 [Convenience Commercial] zones to Comprehensive Development District No. 136 zone [CD-136], to accommodate the ninety-two (92) seniors oriented, multiple family residential units and one commercial unit, proposed to be constructed in an eight-storey building on the subject properties.
Evaluation of this application should focus the appropriateness of the change of Proposed Land Use Designation from Neighbourhood Commercial Mixed-Use to Commercial/ Commercial Mixed-Use and the change of Development Permit Area for the subject properties from Multi-Family Residential to Commercial for this location and on issues relevant to zoning such as the appropriateness of the proposed height, density and massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, how the building relates to adjacent and surrounding sites and whether the proposed uses are appropriate and consistent with the overall direction contained within the Official Community Plan.
Specific form and character issues relating to the aesthetics of the building, such as cladding materials, window materials, railings, fencing, doorways, and detailed landscaping will be evaluated in a separate application for Development Permit should this rezoning application be approved by Council.
Context
Applicant: Jason Craik [Avenir Construction Inc.]
Owners: Tarnjt Pannu, Gurpreet Randhawa, Avtar Randhawa, Kartar Randhawa, Sharon Chou
Property Size: Metric: 2031 m2 Imperial: 21,861 ft2
Existing Land Use: Fourplex/ Single Family Dwelling/ Retail Store
Surrounding Land Uses:
North: Four and Six storey Multiple Family Residential
South: Single Family Residential
West: Single Family Residential
East: Four storey Multiple Family Residential
OCP Proposed Land Use Designation: Neighbourhood Commercial Mixed-Use [change required to - Commercial/ Commercial Mixed-Use]
Existing Zoning: RM-4 [Mutiple Family Residential]/ C-1 [Convenience Commercial]
Proposed Zoning: CD-136 [Comprehensive Development District No. 136]
Official Community Plan:
The proposed amendment to the OCP and Zoning bylaws envisions 92 seniors oriented, multiple family residential units and one, street front, commercial unit constructed in an 8-storey building on the consolidated parcel.
Council can only approve rezoning that is consistent with the Official Community Plan therefore the requested change to ‘Commercial/ Commercial Mixed-Use’ Proposed Land Use Designation [Appendix B] must be considered for approval concurrent to the proposed rezoning.
In addition, as there is a commercial component to the development proposal, amendment of the Development Permit Area applied to this parcel is required. Based on the proposed mixed-use proposal, 8-storeys tall with a proposed gross density of 3.0 FAR, Development Permit Area (DPA) No. 6: Multi-Family Residential must be amended to DPA No. 4: Commercial to ensure consistency between the OCP and the proposed uses.
OCP Section 5 - Housing & Residential Land Use
5.1 Anticipated Housing Needs in the Next 5 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 are addressed.
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.
5.3 Medium and High-Density Residential Redevelopment
Objective: Support compact, efficient medium density and high-density residential development that integrates with existing and proposed adjacent uses.
Policy - Encourage new medium density and high-density residential development with high quality design standards for building and landscaping and which enhance existing neighbourhoods.
Policy - 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.
Policy - Consider new medium density residential development proposals with a Floor Area Ratio of up to 2.0, and up to six storeys in height, in areas designated on the “Proposed Land Use Designation Map.” Staff note the lands are currently designated as Neighbourhood Commercial Mixed-Use supporting this form of development.
Policy - Consider new high density residential development proposals with a Floor Area Ratio of up to 3.0, and up to 12 storeys in height, in areas designated on the “Proposed Land Use Designation Map.”
Policy - 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.
Policy - Buildings with shallow setbacks should step down to no more than three storeys at street level to provide an appropriate human scale along the sidewalk.
Policy - Encourage the incorporation of spaces designed to foster social interaction.
Policy - Encourage the installation of electric vehicle charging infrastructure in medium and high density.
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 placement of new rental, affordable, special needs, and seniors housing in accordance with designated residential land use areas as they are integral components of inclusive neighbourhoods.
Policy - Avoid the spatial concentration of affordable and special needs housing in neighbourhoods.
Policy - 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-use proposals. A housing agreement may be entered into between the Township and the owner.
5.5 Age-friendly Housing
Objective: To expand and protect seniors housing in Esquimalt to enable citizens to “age in place”.
Policy - Encourage more accessible housing for people with mobility limitations on the ground floor of medium and high-density residential buildings.
Policy - Encourage development of more assisted living residences.
Policy - Encourage the development of seniors housing that is within proximity and accessible to services and amenities.
Policy - Recognize that the provision of bicycle storage may be waived or varied if, in the opinion of Council, there is no demonstrated need, such as in a congregate care facility.
OCP Section 6 - Commercial & Commercial Mixed-Use
6.1 General
Objective: Esquimalt is a complete community where commercial enterprises serve the needs of area residents, local businesses, and visitors.
Policy - Encourage a mix of uses in the commercial/commercial mixed-use areas.
Policy - Lands outside the Commercial/Commercial Mixed-use designation on the “Proposed Land Use Designation Map” should not be considered for commercial zoning unless the following criteria are met:
1. The project is desirable to the community and cannot be appropriately located within established commercial areas;
2. The density and scale of the project is sensitive to the prevailing character of surrounding lands;
3. The project, through its exterior finishes enhances the aesthetics of the neighbourhood;
4. The project’s parking requirements can be satisfied on-site; and
5. The project’s parking requirements should not unduly affect neighbouring land uses.
Staff note that this proposal provides for desirable seniors-oriented rental units that the applicant has stated will be offered at a lower price than more luxurious offerings more common in the marketplace today. It is the opinion of staff that this proposal will improve the aesthetics of Esquimalt Road providing a significant focal point within the streetscape near the eastern gateway to the community. Furthermore, the proposal exceeds the technical parking requirement for a building of this type providing appropriate resident, commercial and Visitor Parking as defined by Parking Bylaw No. 2011 (as amended).
Notwithstanding the aforementioned points, staff note that the proposed design is two storeys taller (plus a roof top patio with a pergola and small lobby), and has a greater floor area than any buildings envisioned for the south side of Esquimalt Road in this block under the current land use designation in the Official Community Plan. This additional mass and height results in a more abrupt transition to the three storey built form envisioned for parcels abutting the lands fronting Wollaston Street.
Policy - In commercial mixed-use areas, buildings with a floor area ratio of up to 3.0 for the residential portion of the building may be acceptable.
Policy - The majority of the frontage for commercial mixed-use buildings at the ground floor, should be commercial.
Staff note that the percentage of building frontage dedicated to commercial use is less than 50% however this policy was drafted containing the word “should” rather than “must” to give Council the ability to consider applications that might offer less commercial than optimally desired.
Policy - In commercial/commercial mixed-use developments, parking should be located behind or under the building.
Policy - The installation of electric vehicle charging infrastructure in commercial/commercial mixed-use developments is encouraged.
Policy - Encourage the provision of amenities such as mini parks/plazas, street furniture, public art and decorative lighting on private lands in all commercial areas.
6.2 Revitalization
Objective: To encourage growth through revitalization and redevelopment of commercial areas.
Policy - Encourage public and private sector initiatives to improve streetscapes and accessibility for pedestrians and cyclists to all commercial areas.
OCP Section 11 - Transportation
11.2 Walking
Objective: To develop the pedestrian network into the road corridor infrastructure that provides a safe, enjoyable and continuous network to promote its use.
Policy - Improve existing sidewalks, street furniture, crosswalks and other street amenities to make walking a safer and more enjoyable choice for people of all ages and abilities.
Policy - Plant trees along the public boulevards to reinforce the role and value of sidewalks as well as provide shade.
Policy - Sidewalks should be well lit, free from obstructions and wide enough for their busiest use.
11.4 Public Transit
Objective: To encourage transit orientated development that takes advantage of the transit system and increases use of the transit system.
Policy - Consider the designation of Esquimalt Road as a future rapid bus route.
Policy - Support densification along frequent and regional transit routes.
11.7 Public Parking
Objective: To encourage on-site parking with all land use.
Policy - New developments should meet the needs of the land use designation and bylaws to achieve on-site parking or have variances supported by a parking study.
OCP Section 13 - Environment, Energy & Climate Change
13.3 Reduction of Greenhouse Gas Emissions
Objective: To continue to act on stabilizing GHG concentrations in the atmosphere by reducing emissions.
13.3.3 Building Energy Efficiency
Objective: To reduce building emissions by increasing energy efficiency in new buildings.
Policy - Adopt best practices based on evolving building technologies and materials.
Policy - Encourage the adoption of passive, efficient, and renewable energy systems in new buildings and during building retrofits.
Policy - 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.
13.3.6 Passenger Vehicle Alternatives
Objective: To reduce impact of motor vehicles that derive energy from fossil fuels by increasing capacity for alternative fueling and sharing.
Policy - Encourage the installation of electric vehicle charging infrastructure in all new multi-unit developments.
Policy - Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
Policy - Encourage the inclusion of car share in new multi-unit residential developments.
OCP Section 21 Development Permit Area No. 4: Commercial
DPA No. 4: Commercial establishes objectives for revitalization of an area in which commercial use is permitted and for the form and character of commercial development. As the Development Permit is not being considered at this time it would be inappropriate to address some of the guidelines, with the following exceptions that are relevant to the discussion of zoning and parking issues:
21.5 Guidelines
1. Facades should be appropriate to a pedestrian-oriented shopping area with windows facing the street and doors opening on to the street rather than on to a courtyard or laneway.
2. Ornamental lighting that not only highlights the building but also increases the amount of light falling on to pedestrian areas should be used wherever possible. However, lighting should not create unnecessary glare or shine directly into neighbouring residential properties.
3. Buildings should be designed and sited to minimize the creation of shadows on public spaces.
4. Off-street parking areas should be located either at the rear of commercial buildings or underground. Surface parking should be screened with landscaping. Large parking areas should contain additional islands of landscaping.
5. The design of new commercial buildings, including areas used for parking, should incorporate Crime Prevention Through Environmental Design (CPTED) principles.
6. Buildings may be located at the front property line in order to create a pedestrian-oriented environment, except where vehicle visibility is affected and, on those streets, where setbacks are required for wider sidewalks, boulevard trees, bus stops and street furniture.
7. Retention and protection of trees and the natural habitat is encouraged wherever
possible.
OCP Section 28 Development Permit Area No. 11: West Bay
DPA No. 11: West Bay establishes objectives for the form and character of commercial and multi-family residential development.
28.5 Guidelines
Commercial and Mixed-Use Buildings
1. Locate publicly oriented active uses at grade and at or near the sidewalk edge.
2. Incorporate transparent shop-front windows, frequent entrances, weather protection and pedestrian oriented signage into ground floor facades.
3. Provide pedestrian access to storefronts and businesses from the adjacent public street and orient upper storey windows and balconies to overlook adjoining public open spaces.
4. Avoid locating off-street surface or structured parking adjacent to active public streets and open spaces. Locate off-street parking behind or underneath buildings. Laminate or wrap any above ground structured parking with active (residential or commercial) uses to buffer structured parking from public open spaces.
5. Recessed entrances to buildings from the sidewalk or property line are encouraged to provide for door swings, to protect the entrance from rain or snow, and to emphasize building entrances.
6. Incorporate plantings, attractive lighting, signage, paving details, furnishings, street trees and other landscape details to create a comfortable, attractive, unique and well-defined public realm.
Neighbourliness
1. New projects should provide a sensitive transition to nearby, less intensive zones or areas with different uses. Projects on zone edges should be developed in a manner that creates a step in actual or perceived height, bulk and scale between the anticipated development potential of adjacent zones.
2. Buildings and groups of buildings should step down to be similar in height to adjacent buildings. This allows for an effective transition in scale and adequate sunlight penetration into open spaces and adjacent properties.
3. In a mixed-use project adjacent to a less intensive zone, the more compatible use and building type should be sited near the zone edge.
4. Face similar uses across the street and at compatible scales; avoid building scale differences of more than 2 storeys across streets.
5. Locate development to minimize view impacts on existing and planned future development.
6. Buildings should be positioned and scaled to minimize the impact of shadows on adjacent open spaces, buildings, and within the project.
7. Views from upper stories of new buildings should minimize overlook into adjacent private yards, especially in less intensive areas. Following are some strategies which can be used to achieve this guideline:
a. Increase building separation so that the face of the building and hence the windows are setback farther from the property line.
b. Take advantage of site design that reduces impacts by using, for example, an adjacent ground floor area for an entry court.
c. Stagger windows to not align with adjacent, facing windows.
d. Primary windows into habitable spaces should not face interior side-yards.
Green Healthy Buildings and Open Spaces
1. Building design and site planning should reduce the overall “ecological footprint” (energy use, waste, and pollution) of new development while also maximizing livability. This can be achieved by maximizing passive lighting, heating and cooling, providing usable outdoor amenity spaces and being responsive to the existing ecosystems and natural context.
2. Design residential buildings to receive daylight and natural ventilation from at least two sides of the building, or from one side and a roof. Where possible, dwellings should have a choice of aspect: front and back, or on two sides (for corner units).
3. Dwelling units with exterior access on only one side should always face a good view or the direction of the sun (ideally both) and are most suitable as wide frontages with shallow floor plans to allow adequate penetration of daylight.
4. New buildings should not block significant views or solar access to adjacent buildings and open spaces.
5. Incorporate courtyards, greenways, gardens and other common areas as defining elements of projects.
6. Where at-grade space is limited, rooftop patios, gardens and courtyards are encouraged.
7. Retention and infiltration best management practices for rainwater should be used as appropriate.
8. Residential buildings should incorporate direct access to a usable private outdoor space such as a patio, balcony, or upper-level terrace.
The subject properties are also included in the following OCP Development Permit Areas:
Development Permit Area No. 1 - Natural Environment,
Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction,
Development Permit Area No. 8 - Water Conservation.
Many of these guidelines would be addressed at the Development Permit stage but the following are relevant to the discussion of zoning and parking areas, including the siting of proposed buildings.
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:
5. Design new development and landscaping to frame rather than block public views.
18.5.4 Natural Environment - Measures to protect, restore and enhance the natural environment (limit noise, light, and air pollution).
Where it is reasonable:
1. Strategically locate leafy trees/ hedges and water features to mask urban noises such as traffic, garbage collection and delivery locations. Consider that leafy rough barked trees, vine covered walls and natural ground cover materials (mulch, soil) will help dampen urban noise.
2. Place trees and vegetation near sources of air pollution including busy roadways, to assist in reduction of air pollution through the collection of particulate matter on leaves and needles, and absorption of toxic gases, including but not limited to: ozone, nitrogen dioxide, sulfur dioxide, carbon monoxide, carbon dioxide, cadmium, chromium, nickel and lead.
18.5.5 Drainage and Erosion - Measures to control drainage and shoreline erosion.
Where it is reasonable:
1. 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:
1. 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.
2. Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent to usable outdoor open spaces.
3. In commercial, residential, or commercial mixed-use designated areas with taller developments vary building heights to strategically reduce the shading on to adjacent buildings.
4. Strategically site buildings to sustain and increase the community’s urban forest tree canopy cover.
5. Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
6. Provide intuitive pedestrian access to storefronts and businesses with site connectivity to nearby amenities and services to help promote walking and the use of other active transportation modes.
7. 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 neighbourhood.
24.5.2 Form and exterior design of buildings and structures.
Where it is feasible:
1. Orient larger roof surfaces to the south for potential use of solar panels or photo-voltaic roofing.
2. Use roof designs that reduce heat transfer into neighbouring buildings, helping reduce the local heat island effect and the need for cooling of buildings in warmer months.
3. Place more windows on the south side of buildings to increase solar gain, and fewer/ smaller windows on the north side to minimize heat loss.
4. Add rooftop patios and gardens, particularly food producing gardens, as they can contribute to local resilience, livability, and reduction in greenhouse gas production by reducing food transportation costs.
24.5.3 Landscaping.
Where it is feasible:
1. Choose open space and landscaping over dedicating space to the parking and manoeuvring of private motor vehicles.
2. Use deciduous trees for landscaping along southern exposures, as they provide shade in the summer and allow more sunlight through in the winter.
3. Strategically place taller trees and vegetation on the south and west sides of buildings where there is more direct sun exposure.
4. Strategically place coniferous trees such that they can buffer winter winds.
5. As context and space allow, plant trees that will attain a greater mature size, for greater carbon storage; removal of healthy trees is discouraged as the loss of the ecosystem services provided by larger trees will take many years to recover.
6. Plant trees with a larger canopy cover along roadways and sidewalks, thereby providing shading of paved areas, lowering the heating of paved surfaces and reducing the wind velocities in these pedestrian areas.
7. Plant shorter and sturdier vegetation closer to buildings and other structures, and taller vegetation further away to avoid potential damage from strong winds blowing vegetation against buildings.
8. For parking areas and along boulevard/ sidewalk edges; plant trees to provide shade, store carbon and reduce the heat island effect.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation - is designated for the purpose of water conservation.
25.5.1 Building and Landscape Design.
Where it is feasible:
1. Reduce the burden on built stormwater infrastructure by designing on-site retention systems to retain the first 3 centimetres (1.25”) of stormwater on site, per precipitation event.
2. Provide space for absorbent landscaping, including significantly sized trees on the site and by not allowing underground parking structures to extend beyond building walls.
3. Incorporate rain gardens into landscaping and direct rainwater towards vegetated areas.
Zoning Analysis:
As a commercial mixed-use project, the proposed Comprehensive Development District No. 136 zone would contain the following variety of uses:
a) Congregate Care Senior Citizens Apartments
b) Dwelling - Multiple Family
c) Home Occupation
d) Business and Professional Office
e) Personal Service Establishment
f) Retail Store
g) Restaurant
h) Group Children’s Day Care Centre
The following chart details the floor area ratio, 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.
Floor Area Ratio: FAR measures livable space in ratio to the size of the lot on which a building sits. The residential FAR of this proposal is 2.95 while the combined F.A.R including the commercial space is 3.0 which is consistent with the maximum FAR of 3.0 identified within the OCP in areas designated for Commercial/ Commercial Mixed-Use. This proposed density delivers 92 seniors housing units and one commercial unit intended to accommodate a coffee shop serving residents and the local community. Staff note that the current OCP designation for the lands is Neighbourhood Commercial Mixed-Use which has a maximum of 1.5 FAR for the residential portion of commercial mixed-use projects or 2.0 FAR if the project is exclusively residential use.
Lot Coverage: The proposed Lot Coverage is 56% of the site for the lower four floors and 51% for the upper 4 floors of the visible portion of the building while the proposed Lot Coverage of the underground parkade represents 85% of the site. Staff recognize the applicant’s effort to accommodate larger trees by creating notches in the walls of the parkade, however, staff are of the opinion that optimally the pakade Lot Coverage should be further reduced to improve on limited opportunities for natural permeability and planting areas.
Setbacks: Staff note that when considering infill development proposals on specific sites, setbacks are often reduced to allow densification, but these reductions must be very carefully considered to ensure the project sensitively integrates into the existing neighbourhood.
The proposed front setback of 6.0 m to the building is modestly shorter than established building setbacks along this portion of Esquimalt Road leaving opportunity for realignment of the sidewalk into the frontage of the site to allow space for the needed vehicle laybys.
The parking garage is set virtually to 0.6 metres from the front lot line leaving limited planting areas on the north face of the building except for the three tree wells designed into the north wall of the parkade.
The proposed rear setback is virtually consistent with the established zoning requirements achieving 7.0 m, however, staff note that the parkade extends hardscape to 0.6 metres from rear lot line with the exception of two tree wells designed into the parkade south wall.
The west interior side setback is 5.0m abutting the access driveway to the underground parking area. This 5.0 metres of unexcavated area might have offered some planting opportunities for larger specimen trees however this setback is intruded upon by proposed decks that extend 2.0 m over the side yard reducing the functional setback to 3.0m for three of the lower floors.
The east side setback is the same with a 5.0m setback to the building face, reduced to only 3.0m by the decks of units on floors two through four however the parking garage extends to 0.6m of the eastern side lot line.
Height: Neighbourhood Commercial Mixed-Use developments can be considered up to a height of six storeys measured to the top of the roof from average grade for flat roof buildings. It is, in part, for this reason that an OCP amendment is required as the proposed development achieves a total height of 30.0 m, 26.5 m at the edge of the 8th storey roofline and 30 m at the top of the structure on the roof-top patio (Appendix D, Sheet A0.6)
Parking Analysis:
Parking Bylaw, 1992, No. 2011 requires 0.5 parking spaces per unit be provided “behind the front face of the principal building” for seniors oriented multiple family developments and 1 space for every 14 square metres of gross commercial restaurant space. The bylaw would therefore require 54 spaces [46 residential and 8 commercial] be provided to satisfy the minimum parking demand for this proposal.
The applicant has amended the proposed parking, as detailed on the architectural plans in Appendix D, stamped, in part, “Received April 6, 2021” and now proposes to provide 62 underground parking spaces to service this proposal. Of those spaces, 12 would be dedicated Visitor Spaces while 8 spaces dedicated to the commercial use will be provided. Staff have drafted the CD-136 zone to ensure the provision of all 62 parking spaces noting this provision exceeds the bylaw minimum requirement.
Staff have worked with the applicant to ensure that some on-street parking will be created by the streetscape design on Esquimalt Road. Parking spaces have been created abutting the residential entrance to the building and the coffee shop frontage respectively. It is expected that theses spaces would be designated as short-term parking allowing taxi and courier service providers to attend the site and to accommodate moving trucks and larger deliveries, as well as coffee shop patrons, all without impacting the eastbound travel lane of Esquimalt Road.
Staff have concerns with the proposed design of the Parking Area as presented. It is the opinion of staff that underground parking garages should not exceed approximately 80% of the site to allow for some natural permeability and opportunities for appropriately selected medium and large tree species to root and grow without conflicting with the underground structure or the building. The applicant has worked to reduce the site coverage of the underground garage to approximately 83%.
It is notable that there is regular bus service to this area with transit buses passing both eastbound and westbound past the site regularly on Esquimalt Road. In addition, there is a Modo car-share located across the street. Both features may contribute to reduced car ownership and hence less demand for parking.
Comments from Other Departments
The plans for this proposal were circulated to other departments and the following comments were received:
Community Safety Services (Building Inspection):
Project must be supervised by a BC registered architect. No concerns. Construct to current BC Building Code and Building Regulation Bylaw 2017, No. 2899. Subject to code and bylaw review at time of Building Permit application.
Engineering Services:
Engineering staff have completed a preliminary evaluation of Works and Services that would be required for the 93 unit building proposed to be located at 819 Esquimalt Road. 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 in accordance with bylaw requirements including, but not limited to new sewer and drain connections and underground hydro, telephone and cable services. New gutter and curb along the Esquimalt Road frontage may also be required. Should the application be approved, additional comments will be provided when detailed civil engineering drawings are submitted as part of a Building Permit application.
Staff note that the proposed sidewalk location will require the registration of a Statutory Right of Way on the consolidated property title granting rights to the Township and the public to access and repair infrastructure within the private property boundary.
In response to the OCP Amendment Consultation Letter to Stakeholders, CRD Wastewater Engineering and Planning commented:
“It is assumed that the wastewater generated from this development will eventually be discharged into the regional sewer system for eventual treatment and disposal at the CRD McLoughlin Point Wastewater Treatment Plant. Please be reminded that the Township of Esquimalt has an allocated capacity in the regional conveyance and treatment system as defined in Bylaw 2312, “Liquid Waste Management Core Area and Western Communities Service Establishment Bylaw No. 1, 1995”. The CRD will require the Township of Esquimalt to review and confirm that the additional wastewater flows generated from this proposed development does not exceed Esquimalt’s total allocated capacity in the regional system.”
Development Services referred these comments to the Director of Engineering and Public Works who confirmed that currently, the Township has ample sewage treatment capacity to accommodate this proposal.
Parks:
Tree protection is required for trees on neighbouring properties as per Tree Protection Bylaw. Should they be needed, the applicant must apply for tree removals through Parks Services and tree replacement requirements will be reviewed at that time.
Fire Services:
Esquimalt Fire Department [EFD] staff note that the applicant must confirm there is adequate water supply for fire protection systems. Sprinklers will be required for this building as per Building Regulation Bylaw 2017, No. 2899. EFD Staff request that any trees proposed for the frontage of the building not impede access to the building via EFD Aerial Apparatus. EFD requests notification when demolition of existing buildings is approved so that Firefighting training may be scheduled. EFD note that a new fire hydrant may be required to ensure adequate access to water in proximity to the proposed building.
Committee Recommendations
Recommendation from the Design Review Committee [DRC]
This application was considered at the regular meeting of the DRC held on March 10, 2021.
The Esquimalt Design Review Committee (DRC) recommended that the application for OCP Amendment and Rezoning at 819, 821, 823 Esquimalt Road be forwarded to Council with a recommendation to reject the application based on the following rationale:
• The application has not met the current OCP requirements
• The DRC strongly supports the current OCP requirements and would not look to change it unless justifiable reasons were presented
• The applicant has not presented strong enough reasons for an OCP amendment.
The motion Carried unanimously.
Recommendation from the Advisory Planning Commission [APC]
This application was considered at the meeting of the APC held on March 23, 2021.
The Advisory Planning Commission (APC) recommended that the application for OCP Amendment and Rezoning at 819, 821, 823 Esquimalt Road be forwarded to Council with a recommendation to deny the application based on the following rationale:
• The overall height and massing is not fitting with the existing context and the OCP policies.
The motion Carried 4-3.
ISSUES:
1. Rationale for Selected Option
This proposed development is sited at an appropriate location for increased density as it abuts Esquimalt Road, and BC Transit routes and to the walkable West Bay neighbourhood. The addition of desirable, seniors-oriented housing close to transit services and the Head Street Commercial Node that offers a variety of services would improve housing choice for seniors currently residing in the area as well as drawing new residents to Esquimalt. The increased number of residents combined with the inclusion of a not less than 100 square metre coffee shop would contribute to the conviviality of the area, creating another pedestrian oriented destination.
Notwithstanding these positives, staff note that there would be an abrupt transition in height between the proposed building and the buildings to the south. In addition, there is a limited amount of permeable area due to the size of the parkade.
2. Organizational Implications
This Request for Recommendation has no significant organizational implications.
3. Financial Implications
This Request for Recommendation has no significant financial implications.
4. Sustainability & Environmental Implications
Increasing residential density in existing neighbourhoods reduces the need for sprawl and makes more efficient use of publicly funded services such as roads, piped services, and transit. The applicant has provided the Township Green Building Checklist identifying features this application intends to include. [Appendix F].
5. Communication & Engagement
In order to satisfy the requirements of the Local Government Act, a notice to relevant government and institutional stakeholders within the Capital Region seeking feedback on the proposed OCP amendment was mailed on February 18, 2021 after Council approved the list of recipients on February 1st. A technical error was identified in the notice therefore staff mailed a revised notice correcting the error on March 9th soliciting feedback by April 5, 2021 (Appendix H). As noted CRD Engineering Services responded. West Bay Residents Association (WBRA) also responded indicating that while they support densification of the lands, they do not support this application (Appendix I).
As this is an OCP Amendment and Rezoning application, should it proceed to a Public Hearing, notices would be mailed to tenants and owners of properties within 100m (328ft) of the subject lands. Three signs indicating that the properties are under consideration for a change in Zoning have been installed on the Esquimalt Road frontages and would be updated to include the date, time, and location of the Public Hearing. Additionally, notice of the Public Hearing would be placed in two editions of the Victoria News.
Applicant Community Consultation
The applicant engaged via letter with the local community, particularly owners and occupiers within 100 m of the parcels seeking feedback on the proposed development to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791. Notice letters (337) were sent to residents requesting feedback on the proposed design on October 19, 2020. Responses to this consultation contributed to a reduction in the size of the building, increasing setbacks, and a reduction in the number of units to 92 from the originally proposed 110 units (Appendix G). Normally a Community Open House would occur however this mail and website solicitation for feedback was actioned in lieu of that meeting due to the current Public Health Emergency.
ALTERNATIVES:
1.That Council resolves that Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 3026, attached to Staff Report DEV-21-025 as Appendix A, be given first and second reading; that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3027, attached to Staff Report DEV-21-025 as Appendix B be given first and second reading; that Council authorizes the Corporate Officer to schedule a Public Hearing, mail notices and advertise for same in the local newspaper; and staff be directed to coordinate with the property owner to ensure a S.219 Covenant registered on the title of the subject properties, prior to returning Amendment Bylaw No. 3026 and Amendment Bylaw No. 3027 to Council for consideration of adoption.
2. Council postpone consideration of Bylaw No. 3026 and Bylaw No. 3027 pending receipt of additional information.
3. Council deny first and second reading of Bylaw No. 3026 and Bylaw No. 3027.