REQUEST FOR DECISION
DATE: March 23, 2022 Report No. DEV-22-025
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 815 & 825 Selkirk Avenue
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3064, attached to Staff Report No. DEV-22-025 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of PID 004-367-839 Lot 7, Section 10, Esquimalt District, Plan 1258 [815 Selkirk Avenue] and PID 007-656-483 Lot 8, Section 10, Esquimalt District, Plan 1258 [825 Selkirk Avenue], shown cross-hatched on Schedule ‘A’ attached hereto, from RS-1 [Single Family Residential] to CD No. 151 [Comprehensive Development District No. 151] be given first and second reading; and
2. That Council authorizes the Corporate Officer to schedule a Public Hearing for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3064, mail notices and advertise for same in the local newspaper.
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: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3064
Appendix B: Aerial Map
Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
Appendix D: Green Building Checklist
Appendix E: Transportation Impact Assessment
Appendix F: Tree Management Plan
Appendix G: Developer’s Public Consultation Summary
Appendix H: Public Input
Appendix I: Applicant’s Presentation
Appendix J: Staff’s Presentation
PURPOSE OF APPLICATION:
The applicant is requesting a change in zoning from RS-1 [Single Family Residential] to a Comprehensive Development District zone [CD]. This change is required to accommodate the proposed 6-storey, 52-unit multiple family residential building including a 52-space parking garage.
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, No. 7 - Energy Conservation and Greenhouse Gas Reduction and No. 8 - Water Conservation of the Township’s Official Community Plan. 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, 6, 7 and 8.
CONTEXT:
Applicant: Sterling Living Limited Partnership [Mark Hingley]
Owners: Sterling Living Inc., INC.NO. BC1315199
Designer: Alan Lowe Architect Inc.
Total Property Size: Metric: 1748 m2 Imperial: 18819 ft2
OCP Present Land Use Designation: Low Density Residential
OCP Proposed Land Use Designation: Medium Density Residential
Zone: RS-1 [Single Family Residential]
Existing Land Use: Single-Family Dwellings
Proposed Land Use: Multiple Family Residential
Surrounding Land Uses:
North: Multiple Family Residential
South: Multiple Family Residential
East: Single Family Residential
West: Multiple Family Residential
CHRONOLOGY:
November 24, 2021 - Rezoning application submitted
December 8, 2021 - Design Review Committee
February 15, 2022 - Advisory Planning Commission
OCP ANALYSIS:
The proposed development is consistent with the Proposed Land Use Designation of ‘Medium Density Residential’. The proposed development consists of 6-storeys, 52 residential units and a Floor Area Ratio of 2.0. Hence, this proposal is consistent with the acceptable density prescribed in the Official Community Plan.
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.
• 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.”
• 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.
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 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 dwellings 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 |
52 |
|
Total Floor Area Ratio |
2.0 |
|
Lot Coverage (at the parking level) |
82% |
|
Lot Coverage at or above the First Storey |
45% |
|
Setbacks: |
|
|
Front |
7.5 m |
|
Western Interior Side |
4.8 m |
|
Eastern Interior Side |
4.5 m |
|
Rear |
2.7 m |
|
Building Height |
17.2 m [6 storeys] |
|
Off Street Parking |
52 spaces |
|
Usable Open Space |
165 m2 [9.4%] |
|
Bicycle Parking |
59 bicycle parking spaces |
Floor Area Ratio: The FAR of 2.0 is consistent within the acceptable amount in a medium density residential designated parcel.
Lot Coverage: Staff has worked with the applicant to reduce the amount of excavated area for the parkade to 82% of the site to leave natural areas that can sustain significant trees and plantings. The lot coverage at or above the First Storey is 45%.
Usable Open Space: Our zones that accommodate apartment developments generally require usable open space in the amount of not less than 7.5% of the area of the parcel. This development allows for usable open space in the amount of 165 m2 [9.4% of the parcel].
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1.3 parking spaces per unit to be provided for multiple family developments. 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 52 parking spaces to serve 52 residential dwelling units. Hence, the parking ratio of 1.0 is less than the required amount of 1.3 which would equate to 68 parking spaces.
COMMENTS FROM THE DESIGN REVIEW COMMITTEE:
This application was considered at the regular meeting of the Design Review Committee held on December 8, 2021. Members liked the outdoor amenity space and the convenience of the bicycle parking. Members had concerns with the retaining wall and recommended a landscape buffer. Moreover, the members recommended increased setbacks for the underground parkade to allow for the planting of mature trees.
The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
• a landscape buffer and an increased setback for the parkade
• to construct to Step 3 of the BC Energy Step Code
The applicant declined to construct the building 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 asked why a rooftop amenity space was not proposed. The applicant stated that the neighbours had privacy concerns with a proposed rooftop social area. Members recognized that this would be the first building in the neighbourhood to be constructed to 6 storeys beyond the existing 4-storey apartments. Members had concerns with its interface with the single-family dwelling to the east.
The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as the proposal fits the proposed land use designation in the Official Community Plan.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
The 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 proposed 52-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 in accordance with bylaw requirements including, but not limited to, new sewer and drain connections, underground hydro, telephone and cable services and new road works may be required up to the centre line of Selkirk Avenue.
Should the application be approved, additional comments will be provided when detailed civil engineering drawings are submitted as part of a building permit application.
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.
Moreover, parks staff requests the provision of a tree survey for all trees on the property and Township boulevard. The survey should include condition, species, size, location (on scaled plan), tag number, and whether the tree is proposed to be retained or removed.
No. 885 is a Malus Tree, not Pear tree. The tree is identified to be retained but construction disturbance is well within the root zone. No. 886 is proposed to be retained and fenced but it is clearly identified to be within the walkway to the main door. No. 2720 Is likely an evergreen oak species. Proposed tree legend identifies hedge maple as one of the planting options. Parks staff recommends not using this species. Dunster summary does not provide the replacement value of protected tree No. 2720. Large Douglas fir at the rear of 928 Arm Street needs to be identified and its disturbance assessed.
ISSUES:
1. Rationale for Selected Option
The proposal conforms to the proposed land use designation of the Township’s Official Community Plan and provides additional residential units within the Township. The Design Review Committee has two unsatisfied conditions for approval: an increased setback for the parkade and construction to Step 3 of the BC Energy Step Code. The Advisory Planning Commission recommended approval as the proposal conforms to the proposed land use designation in the Official Community Plan.
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 D].
5. Communication & Engagement
As this is a 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 property. Signs indicating that the property is under consideration for a change in zoning have been installed on the frontage. These signs would be 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. Staff confirms that the applicant has provided the required submissions [Appendix G].
ALTERNATIVES:
1. That Council resolves to give first and second reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3064; and authorizes the Corporate Officer to schedule a Public Hearing, mail notices and advertise for same in the local newspaper.
2. That Council resolves to not hold a Public Hearing as Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3064 is consistent with the Official Community Plan and to give notice for the first reading of the bylaw.
3. Council postpones consideration of Amendment Bylaw No. 3064 pending receipt of additional information.
4. Council defeats Amendment Bylaw No. 3064.