TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: March 4, 2024 Report No. DEV-24-017
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Rezoning Application - 914 McNaughton Avenue
RECOMMENDATION:
Recommendation
That Council give first, second, and third readings, to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3132.
Body
EXECUTIVE SUMMARY:
The applicant is requesting a change in zoning from RD-4 [Two Family DADU Residential] to a Comprehensive Development District [CD No. 165]. This change is required to accommodate the proposed duplex with secondary suites.
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.
Staff is supportive of the application as the proposal is consistent with the use and density within the Low Density Residential Proposed Land Use Designation.
BACKGROUND:
Chronology:
• June 1, 2023 - Rezoning application received.
• November 8, 2023 - Design Review Committee
• January 16, 2024 - Advisory Planning Commission
Advisory Body Recommendations:
Design Review Committee:
• Members liked the fit of the proposed development in the neighbourhood. They questioned the possibility of reducing the width of the driveway letdown.
• The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval as:
o It has a good mix of units for purchase and units for rent;
o The quality of design; and
o It fits with the neighbouring properties.
Advisory Planning Commission:
• Members had no concerns about this application.
• The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as it addresses the low-density residential needs of the community.
Referral Comments:
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 4-unit 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 McNaughton Avenue.
Staff notes that there are existing sewer capacity issues downstream and that onsite sewer attenuation may be required.
ANALYSIS:
The purpose of the application is to rezone a parcel to accommodate a 4-unit multiple-family dwelling in the form of a duplex and secondary suites.
OCP ANALYSIS:
The proposed development is consistent with the Proposed Land Use Designation of ‘Low Density Residential’. The proposed development consists of 4 residential units and a Floor Area Ratio of 0.58.
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 5.2 Low Density Residential Development states an objective to strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole.
Supporting policies in this section consistent with the proposed development include:
• Proposed redevelopment or infill within present low density residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.
• Consider the inclusion of secondary suites in infill developments where it is demonstrated that neighbourhood impacts can be mitigated.
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.
• 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.
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.
• 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.
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.
|
|
RD-4 Zone |
Proposed Zone |
|
Residential Units |
2 |
4 |
|
Floor Area Ratio |
0.40 |
0.58 |
|
Lot Coverage |
30% |
30% |
|
Setbacks: |
|
|
|
Front |
7.5 m |
7.5 m |
|
Western Interior Side |
1.5 m (total side setbacks=4.5 m) |
3.0 m |
|
Eastern Interior Side |
1.5 m (total side setbacks=4.5 m) |
3.0 m |
|
Rear |
7.5 m |
12 m |
|
Building Height |
7.3 m |
8.7 m [3 storeys] |
|
Off Street Parking |
4 spaces |
4 spaces |
|
Bicycle Parking |
|
4 spaces |
Floor Area Ratio: The FAR of this proposal is 0.58. This is greater than the allowable FAR of 0.40 in a RD-4 zone for a duplex.
Lot Coverage: The lot coverage of 30% is consistent with the allowable amount in a RD-4 zone.
Height: The height of 8.7 metres is higher than the allowable height of 7.3 metres in a RD-4 zone. The allowable height allows for about 2.5 storeys whereas the applicant is seeking 3 storeys.
Setbacks: The proposed setbacks are consistent with the setbacks prescribed in a RD-4 zone.
PARKING ANALYSIS:
Consistent with Parking Bylaw, 1992, No. 2011, four parking spaces are provided for the 4 residential dwelling units proposed. Two of the parking spaces are partially within the front setback as that would not conform to section 9 (4) of the bylaw.
OPTIONS:
1. That Council give first, second, and third readings to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3132.
2. That Council postpone consideration of Amendment Bylaw No. 3132 pending receipt of additional information.
3. That Council defeat Amendment Bylaw No. 3132.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial implications associated with the proposal.
COMMUNICATIONS/ENGAGEMENT:
The applicant held a public information session on February 25, 2023; the notice for which was mailed to properties within 100m of the parcel. In addition, in compliance with the Local Government Act, notices with the time, date, and place of first reading were mailed to owners and occupiers of property within 100 m of the subject property.
TIMELINES & NEXT STEPS:
Should Council give first, second, and third readings to Amendment Bylaw 3132, it will be forwarded to the next Council meeting for adoption after which a Development Permit would be required to address the Development Permit guidelines within the Official Community Plan.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Ian Irvine, Director of Finance, Reviewed
3. Deb Hopkins, Director of Corporate Services, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
List all items attached to the Staff Report
1. Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3132
2. Appendix B: Aerial Map
3. Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
4. Appendix D: Green Building Checklist
5. Appendix E: Construction Impact Assessment and Tree Management Plan
6. Appendix F: Staff’s Presentation
7. Appendix G: Applicant’s Presentation