REQUEST FOR DECISION
DATE: November 25, 2020 Report No. DEV-20-082
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Temporary Use Permit Application - 856 & 858 Esquimalt Road
End
RECOMMENDATION:
Recommendation
That Council approve Temporary Use Permit No. TUP00011, authorizing the site to be temporarily used as a ‘Construction Laydown Site’ during the construction of the building at 687 Admirals Road and staff be directed to issue the permit subject to the conditions contained within TUP00011, attached as Appendix A to Staff Report DEV-20-082, and register the notice on the title of the properties located at 856 Esquimalt Road [PID: 026-691-418; Lot A Section 11 Esquimalt District Plan VIP80973] and 858 Esquimalt Road [PID: 002-925-966, Lot 2 Section 11 Esquimalt District Plan 23904]
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No 2050
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
Local Government Act
STRATEGIC RELEVANCE:
Health, Livable and Diverse Community: Support community growth, housing and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: TUP00011
Appendix B: Aerial Map
Appendix C: Traffic Management Plan
Appendix D: Public Comments
PURPOSE OF APPLICATION:
The purpose of this Temporary Use Permit is to allow the site at 856 & 858 Esquimalt Road to be temporarily used as a construction laydown site for two years during the construction of the new residential building at 687 Admirals Road. The proposed site will be used for the storage of lumber, rebar, and other construction materials. Moreover, it will be used to store skid steers, trucks and secured storage containers.
The Esquimalt Zoning Bylaw allows Council to consider approving a commercial or industrial land use on a temporary basis for a period up to 2 years, with appropriate notification, as required by the Local Government Act. The temporary land use permit may be renewed once beyond the initial term. In rendering a decision, Council needs to balance the possible impacts of having a lay-down site in the proposed location with the need to build approved rental accommodation near CFB Esquimalt in an urban landscape that offers few alternative sites for a lay-down site.
CONTEXT:
Applicant: Terry Hoff, WestUrban Developments Ltd.
Owners: 856 Esquimalt Road Ltd.
858 Esquimalt Road Ltd.
Property Size: 856 Esquimalt Road Metric: 5923.8 m2 Imperial: 63763 ft2
858 Esquimalt Road Metric: 1098.5 m2 Imperial: 11824 ft2
OCP Land Use Designation: Commercial/Commercial Mixed-Use
Zone: CD No. 80
Existing Land Use: Commercial
Surrounding Land Uses:
North: Multiple-Family Residential
South: Multiple-Family Residential
East: Multiple-Family Residential
West: Commercial
The Local Government Act allows the local government to ‘specify conditions under which the temporary use may be carried on’.
Staff recommends the following conditions as part of the Temporary Use Permit:
a) ‘Construction Laydown Site’ means a site used by the ‘Development Company’ (WestUrban Developments, Ltd.) and sub-contractors, for the following uses; for the duration of and specifically for the construction of the building at 687 Admirals Road (The Project), subject to the following conditions:
i) Parking and operation of heavy equipment required for The Project;
ii) Storage of and loading of construction materials for The Project.
b) Permit shall be valid until _________, 2022 [2 years from the date of approval].
c) Hours of operation shall be limited by the Esquimalt “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826”.
Notwithstanding Bylaw No. 2826, the site will only be used:
Weekdays: 7:00 am to 7:00 pm.
Saturdays: 9:00 am to 7:00 pm, and
Sundays and Statutory Holidays: 9:00 am to 5:00 pm.
d) Fencing shall be in place at all times, and gates shall be locked after hours.
e) Lighting shall be directed into the site and not spill over onto residential properties.
f) There shall be no overnight camping on the site.
g) There shall be no rock crushing or breaking of asphalt on the site.
h) Dust shall be controlled at all times, and a dust control mesh [scrim] will be attached to the temporary [construction] fencing.
i) No diesel, gasoline, propane, or natural gas-powered generators shall be used on the site.
j) The site must be kept free of rubbish and debris and maintained in an acceptable manner.
k) No idling.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
This application was considered at the regular meeting of the Advisory Planning Commission held on November 17, 2020. Members had concerns with the suitability of the site for the use of construction laydown. Moreover, members had concerns with the proximity of the construction laydown site to the construction site. Furthermore, they had concerns with the traffic it may generate along Esquimalt Road.
The Advisory Planning Commission resolved unanimously that the application be forwarded to Council with a recommendation of denial as the proposed site is not suitable as a construction laydown site.
ISSUES:
1. Rationale for Selected Option
While an industrial site would be more suitable for construction laydown, an appropriate laydown site near the construction site is scarce. The site is currently vacant and underutilized; however, it would deter its development for the next two years.
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
This Request for Decision has no sustainability and environmental implications.
5. Communication & Engagement
As this application includes a Temporary Use Permit, notices were mailed to owners and occupiers of parcels within 100 metres [328 feet] of the subject property. Notices were mailed on November 24, 2020 indicating that Council would be considering the requested Temporary Use Permit on December 7, 2020. Notices were also placed in two issues of the Victoria News. To date, the Development Services Department has received 1 written response from the public in opposition to this application [Appendix D].
ALTERNATIVES:
1. That Council approve Temporary Use Permit No. TUP00011, authorizing the site to be temporarily used as a ‘Construction Laydown Site’ during the construction of the building at 687 Admirals Road and staff be directed to issue the permit subject to the conditions contained within TUP00011, attached as Appendix A to Staff Report DEV-20-082, and register the notice on the title of the properties located at 856 Esquimalt Road [PID: 026-691-418; Lot A Section 11 Esquimalt District Plan VIP80973] and 858 Esquimalt Road [PID: 002-925-966, Lot 2 Section 11 Esquimalt District Plan 23904].
2. That Council deny Temporary Use Permit No. TUP00011.