REQUEST FOR DECISION
DATE: August 5, 2022 Report No. DEV-22-068
TO: Council
FROM: James Davison, Manager, Development Services
SUBJECT:
Title
Zoning Bylaw Amendment Application - 812 Craigflower Road
End
RECOMMENDATION:
Recommendation
That Council:
1. give first, second and third readings to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3077, attached to Staff Report No. DEV-22-068 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of PID 005-987-164; Lot 2 Section 10 Esquimalt District Plan 5648 [812 Craigflower Road] from Single Family Residential [RS-1] to Comprehensive Development District No. 157 [CD No. 157].
2. direct that a Section 219 Covenant be registered on title to secure the items outlined in Staff Report DEV-22-068 prior to consideration of adoption of Bylaw No. 3077.
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
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
The following files are attached to this report:
Appendix A: Draft Amendment Bylaw No. 3077
Appendix B: Aerial Map
Appendix C: Applicant Letter to Mayor and Council
Appendix D: Site Survey
Appendix E: Architectural Drawings
Appendix F: Landscape Drawings and Planting Plan
Appendix G: Green Building Checklist
Appendix H: Parking and Traffic Review
Appendix I: Applicant Presentation
Appendix J: Staff Presentation
PURPOSE OF APPLICATION:
The applicant is requesting a change in zoning from Single Family Residential [RS-1] to Comprehensive Development District No. 157 [CD No.157] to permit the future development of a 3-storey 10-unit multi-family apartment building.
The multi-family apartment building is proposed to be rental, but the applicant wishes to reserve the ability to strata title the property. The proposal includes the following amenities secured by a Section 219 Covenant as agreed to by the applicant:
1. Provision of a dedicated Bicycle Storage Room, including 8 dedicated receptacles, capable of accommodating not less than 16 bicycles.
2. Provision of not fewer than 20 carshare memberships tied to the building in perpetuity.
3. Prohibition on the use of natural gas as an energy source for space heating in the building.
4. Building to be designed and constructed to conform to the requirements of Step 3 (or higher) of the BC Building Step Code.
5. Provide one single head and one double head Level 2 Electric Vehicle Charging Stations.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 6 - Multi-Family Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation, of the Esquimalt Official Community Plan Bylaw, 2018, No. 2922. Should this rezoning application be approved, a Development Permit would be required to ensure that the application is generally consistent with the Development Permit Area guidelines prior to a building permit being issued.
Evaluation of this application should focus on issues relevant to zoning such as the appropriateness of the proposed uses, height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, parking, how the building relates to adjacent and surrounding sites and whether the proposal is generally appropriate and consistent with the overall direction contained within the Official Community Plan.
CONTEXT:
Applicant: Ryan Jabs (Lapis Homes Ltd.)
Owner: Owen Dait and Haydee Dait; Ryan Jabs and Aimee Jabs
Designer: Christine Lintott Architects Inc.
Property Size: 772.9m2
OCP Land Use Designation:
Current: Low Density Residential
Proposed: Medium Density Residential
Zone: Single Family Residential [RS-1]
Existing Land Use: Single Family Residential
Proposed Land Use: Multiple Family Residential
Surrounding Land Uses:
North: Townhouse Residential
South: Townhouse Residential/Single Family Residential
East: Two Family Residential/Single Family Residential
West: Multiple Family Residential
CHRONOLOGY:
January 12, 2022: Rezoning application submitted
April 19, 2022: Advisory Planning Commission
May 11, 2022: Design Review Committee
June 27, 2022: Council confirmed no Public Hearing required
OCP ANALYSIS:
The proposed development is consistent with the Official Community Plan.
OCP Section 5 Housing and 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.
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/High Density Residential Development
OBJECTIVE: Support compact, efficient medium 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 close 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.”
Policy - A mix of dwelling unit sizes should be provided in medium density and high-density residential land use designated areas in order to meet the varying housing needs of Esquimalt residents.
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 residential developments.
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 - Promote housing agreements to ensure that all strata units have the opportunity to be used as long-term residential rentals within strata buildings.
5.5 Age-friendly Housing
OBJECTIVE: To expand and protect seniors housing in Esquimalt to enable citizens to “age in place.”
Policy - Support and facilitate development of multi-generational housing, including in medium and high density residential developments.
Policy - 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.
Policy - Encourage more accessible housing for people with mobility limitations on the ground floor of medium and high density residential buildings.
5.6 Family and Child-friendly Housing
OBJECTIVE: To address the shortage of family and child friendly housing in Esquimalt.
Policy - Encourage the provision of medium and high density commercial mixed-use developments designed for families with children.
OCP Section 11 Transportation
11.3.2 New Development
OBJECTIVE: To encourage the inclusion of bicycle facilities in new developments.
Policy - Encourage developers to provide a variety of end of trip facilities for active transportation.
Policy - Encourage bike lockers in multi-unit residential and commercial/commercial mixed-use developments.
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 - 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 onsite parking or have variances supported by a parking study.
Section 13 Environment, Energy & Climate Change
13.3.3 Building Energy Efficiency
OBJECTIVE: To reduce building emissions by increasing energy efficiency in new buildings.
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.
Relevant Development Permit Area Guidelines as it relates to the rezoning application include:
Development Permit Area No. 1 Natural Environment
• 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.
• 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.
• 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.
Development Permit Area No. 6 Multi-Family Residential
• 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.
• 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.
• Landscaping should emphasize the creation of an attractive streetscape, as well as provide privacy between individual buildings and dwellings, screen parking areas and break up large expanses of paving.
• Surface parking areas in developments less than five storeys in height, will be situated away from the street and screened by berms, landscaping or solid fencing or a combination of these three.
• Wherever possible, outdoor storage and parking areas should be screened from view.
Development Permit Area No. 7 Energy Conservation and Greenhouse Gas Reduction
• Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent to usable outdoor open spaces.
• Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
• Develop a front yard landscape design that is natural and delightful so residents do not need to leave the neighbourhood to experience nature.
• Choose open space and landscaping over dedicating space to the parking and manoeuvring of private motor vehicles.
• For parking areas and along boulevard/ sidewalk edges; plant trees to provide shade, store carbon and reduce the heat island effect.
Development Permit Area No. 8 Water Conservation
• Reduce the burden on built stormwater infrastructure by designing on-site retention systems to retain the first three centimetres (1.25”) of stormwater on site, per precipitation event.
• Design landscaping with more planted and pervious surfaces than solid surfaces.
ZONING ANALYSIS:
The following table lists the permitted uses, minimum parcel size, number and type of units, floor area ratio, lot coverage, building height, minimum setbacks, off-street vehicle and bicycle parking, landscaped area and usable open space of this proposal. Zoning Bylaw, 1992, No. 2050 does not currently contain a zone that can accommodate this proposed development.
Permitted Uses Dwelling - Multiple Family and Home Occupation
Minimum Parcel Size 770m2
Residential Units 10 units (one studio, six 1br, two 2br, one 3br)
Total Floor Area Ratio 0.78
Lot Coverage 50%
Building Height 10.7m
Minimum Setbacks
Front Setback 6.5m (except reduced by 1.3m for balconies)
Rear Setback 13.6m (except reduced by 1.3m for balconies)
Interior Side Setback (E) 3.3m (except reduced by 1.3m for balconies and 0.8m for canopy)
Interior Side Setback (W) 1.8m (except reduced by 0.7m for canopy)
Off-Street Parking 1.0 space per dwelling unit
Landscaped Area 24%
Usable Open Space 4.2%
Bike Parking 16
Units range in size from 34.1m2 (367ft2) for the studio to 103.2m2 (1,110ft2) for the three bedroom.
Lot Coverage does not include additional impermeable areas such as the proposed hardscaping, manoeuvring aisle, and parking area.
Usable Open Space: Staff have concerns with the amount of Usable Open Space proposed. The 4.2% open space proposed does not meet the requirements of the definition of Usable Open Space in Zoning Bylaw, 1992, No. 2050. Usable Open Space is not permitted to be provided in a required front yard, is to have no dimensions less than 6 metres, and is to be provided as at least 7.5% of the area of the parcel. A variance may be required at the time that a development permit application is submitted.
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1.3 parking spaces per unit to be provided for multiple family development. The bylaw would therefore require 13 parking spaces for the proposed development, 1 in 4 of which would be required to be visitor spaces (4 spaces). It is noted that this standard is almost 30 years old and will be reassessed in the upcoming review of the Parking Bylaw.
The applicant has proposed 1.0 parking spaces per unit and no visitor parking.
The applicant has agreed to enter a s.219 covenant to ensure that 20 car share memberships are tied to the building in perpetuity, and a bicycle storage room with space for not less than 16 bicycles and outlets for use by electric bikes is provided.
There is also regular bus service to this area with transit buses passing by the site regularly on Craigflower Road.
To allow more open space on the parcel Staff note two parking spaces could be removed from the rear left corner of the site. This would result in a parking ratio of 0.8 parking spaces per unit.
The WATT Consulting Group Parking and Traffic study lists the expected parking demand at 8.37 spaces (9 rounded up), and as such removing two spaces to increase the amount of usable open space would come very close to meeting the expected parking demand:
Based on past multi-family residential parking studies completed in Esquimalt, parking demand in market rental buildings is comparable and/or slightly lower than demand in condominium buildings depending on location. For example, WATT completed a parking study for a market rental development at Carlisle Avenue/ Lyall Street/ Fraser Street, which has a comparable Walk Score to the subject site. The study recommended the following demand rates:
• Bachelor/ studio units= 0.37 spaces per unit
• 1-bedroom units = 0.80 spaces per unit
• 2-bedroom units = 0.99 spaces per unit
• 3-bedroom units 1.22 spaces per unit
Applying these rates to the proposed development, the total expected parking demand is 9 parking spaces (8.37, rounded up).
Detailed landscaping design and parking layout occurs at time of Development Permit.
TRAFFIC IMPACT ASSESSMENT:
The WATT Consulting Group Parking and Traffic study anticipates less than 5 vehicle trips at peak hours.
COMMENTS FROM COMMITTEES:
Advisory Planning Commission
Forwarded to Council with recommendation for approval.
Design Review Committee
Forwarded to Council with recommendation for approval, noting that while the site is very constrained that a driveway immediately abutting a fence (which it had done on the east side of the property) is not best practice; it should have a landscape buffer. The applicant has made alterations to the site plan based on that feedback.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
1. No concerns. This project requires the services of an architect. Retaining walls and accessory structures may require a separate Building Permit. Subject to review for Building Code and Bylaw compliance at time of Building Permit application.
Engineering Services:
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 property is 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, and underground H/T/C to the proposed development.
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
The proposed driveway width does not meet driveway width requirements for a two-way driveway on an arterial road for a development of this size. A Traffic Impact Assessment is required which is to include comments on the proposed one-way driveway for a multi-family residential development and turning movements to confirm how vehicular maneuverability can be achieved when two vehicles approach from different directions. Additional comments will be provided once Civil Engineering drawings have been received.
Parks:
1. Two apple trees in back yard need to be assessed by Landscape Architect to determine replacement value.
2. New landscaping looks good.
Fire Services:
1. A Fire Department Site Plan is required (and since provided).
ISSUES:
1. Rationale for Selected Option
This proposed development is sited at an appropriate location for increased density as it is on Craigflower Road, adjacent to BC Transit routes, and the central area of Esquimalt. This proposed development will increase the number of dwelling units in the Township in addition to creating a greater diversity in housing types. The application was recommended for approval by Advisory Planning Commission and Design Review Committee.
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 G].
5. Communication & Engagement
The applicant held a public consultation session March 10, 2022.
ALTERNATIVES:
1. That Council give first, second, and third reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3077.
2. That Council postpone consideration of Amendment Bylaw No. 3077 pending receipt of additional information.
3. That Council defeat Amendment Bylaw No. 3077.