REQUEST FOR DECISION
DATE: September 6, 2017 Report No. DEV-17-054
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services / Alex Tang, Planning Technician
SUBJECT:
Title
Development Permit and Development Variance Permit - 468 Foster Street
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000094 [Appendix A] authorizing the development as illustrated on the architectural drawings and the landscape plan prepared by Zebra Design, stamped “Received September 5, 2017”, and sited as detailed on the survey plan prepared by Island Land Surveying, stamped “Received July 28, 2017” be approved, and staff be directed to issue the permit (subject to receipt of the required landscape security), and register the notice on the title of the property located at PID 008-400-571, Lot 17, Suburban Lot 30, Esquimalt District, Plan 772A [468 Foster Street].
Furthermore, that Council resolves that Development Variance Permit No. DVP00069 [Appendix B] authorizing the development as illustrated on the architectural drawings prepared by Zebra Design, stamped “Received September 5, 2017”, and sited as detailed on the survey plan prepared by Island Land Surveying, stamped “Received July 28, 2017”, and including the following variances to Zoning Bylaw, 1992, No.2050, be approved, and staff be directed to issue the permit and register the notice on the title of the property located at PID 008-400-571, Lot 17, Suburban Lot 30, Esquimalt District, Plan 772A [468 Foster Street]:
Zoning Bylaw, 1992, No. 2050, Section 40 (6)(a) - Building Height - Principal Building: A 0.78 metre increase to the requirement that no principal building shall exceed a height of 7.3 metres [ie. from 7.3 metres to 8.08 metres].
Zoning Bylaw, 1992, No. 2050, Section 40 (8.1) - Building Massing - Principal Building: A 6.4% increase to the requirement that the second storey of any Two Family Dwelling shall be a maximum of 75% of the total floor area of the ground floor, including an attached garage [ie. from 75% to 81.4%].
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: DP000094
Appendix B: DVP00069
Appendix C: Subject Property Map, Air Photo, RD-3 Zone, DP Area 5, Mail Notice
Appendix D: Architectural Drawings, Landscape Plan and Site Survey
Appendix E: Letter outlining green building features being considered
Appendix F: Letter from applicant with list of neighbours in support of proposed development, letter of support from neighbour and other correspondence with neighbours
Appendix G: Public Comments - David Wilkinson and Katie Gibson
Purpose of the Application
The applicant is proposing to construct a side by side strata titled Two Family Residential dwelling on the subject property. The property is currently zoned Two Family/Single Family Residential [RD-3]. This two-unit dwelling is subject to Development Permit Area No. 5 - Enhanced Design Control Residential; therefore a Development Permit is required before a Building Permit can be issued.
Context
Applicant: Rus Collins
Owners: Trevor Bowers, Vaclav Kran and Christine Robinson
Property Size: Metric: 753 m2 Imperial: 8106 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
West: Single Family Residential
East: Single Family Residential
Proposed Use: Two Family Residential
Existing Zoning: Two Family/Single Family Residential [RD-3]
Proposed Zoning: RD-3 [No change required]
Existing OCP Designation: Single and Two-Unit Residential [no change required]
Official Community Plan
The Official Community Plan does allow for sensitive infill development in residential zones provided the development is compatible with, and enhances the surrounding neighbourhood.
Section 2.2 of the Official Community Plan recognizes that modest residential growth will occur through the infilling of vacant or under-utilized parcels, and states that this growth should occur in a manner that maintains and enhances individual neighbourhoods and the community as a whole.
Section 2.2.1(a) states the Township should work toward a more complete community by maintaining a healthy mixture of housing types, accommodating people with a wide range of income levels.
Section 2.2.1(b) states the Township should encourage new residential development with high design standards for building and landscaping and which enhance existing and new neighbourhoods.
Zoning
The first variance request is for a relaxation to the maximum height of the principal building. The proposed height of the principal building is 8.08m from the average grade. Within the RD-3 Zone, the maximum allowable height is 7.3m. Staff has determined that the design of the building is above the allowable height regardless of the pitch of the roof.
The second variance request is for a relaxation to the maximum area of the second storey as it relates to the floor area of the ground floor. Section 40 8.1 Building Massing states: “The second storey of any Two Family Dwelling shall be a maximum of 75% of the total floor area of the ground floor, including an attached garage.” The second storey has a floor area of 129.4 m2, compared to the ground floor`s floor area of 159.0 m2. The resulting 81.4% floor area of the second storey as it relates to the ground floor is 6.4% above the maximum amount.
Development Permit Guidelines
This proposal is subject to Section 9.7 ‘Development Permit Area No. 5 - Enhanced Design Control Residential’ of the Official Community Plan and the Design Guidelines of Section 9.7.5 are applicable.
Section 9.7.5 (i) states that the Buildings should be designed to minimize visual intrusion onto the privacy of surrounding homes.
In evaluating the design of the proposed development, staff notes that the south facing upper floor windows overlook the front open space of the adjacent property and is hence inconsistent with this design guideline.
Green Building Features
The applicant has submitted a letter outlining a list of green building features that are being considered [Appendix E].
Comments from the Advisory Planning Commission [APC]
The Advisory Planning Commission reviewed both applications at their August 15 meeting and unanimously passed the following motion:
The Advisory Planning Commission recommends to Council that the application for a Development Permit and a Development Variance Permit limiting the form and character of the development, and authorizing the construction as illustrated in the architectural plans and the landscape plan prepared by Zebra Design, stamped “Received July 28, 2017”, sited as detailed on the survey plan prepared by Island Land Surveying, stamped “Received July 28, 2017”, and including the following variances for the property located at PID 008-400-571, Lot 17, Block G, Suburban Lot 30, Esquimalt District, Plan 772A [468 Foster Street] be forwarded to Council with a recommendation of approval as the massing of the second floor creates a livable space and the proposed building height is in proportion with the buildings on the adjacent properties. The Motion Carried Unanimously.
Zoning Bylaw, 1992, No. 2050, Section 40 (6)(a) - Building Height - Principal Building: A 0.78 metre increase to the requirement that no principal building shall exceed a height of 7.3 metres [ie. from 7.3 metres to 8.08 metres].
Zoning Bylaw, 1992, No. 2050, Section 40 (8.1) - Building Massing - Principal Building: A 6.4% increase to the requirement that the second storey of any Two Family Dwelling shall be a maximum of 75% of the total floor area of the ground floor, including an attached garage [ie. from 75% to 81.4%].
ISSUES:
1. Rationale for Selected Option
With the exception of an overlook situation due to the window location, the proposed development conforms to the Official Community Plan. In addition, with the exception of the two variances, the proposed development conforms to the Zoning for the site. Also, the Advisory Planning Commission recommended approval. Finally, the applicant has submitted a letter that includes a list of names and addresses of neighbours who support the proposed development [Appendix F].
2. Organizational Implications
There are no significant organizational implications associated with the processing of these two applications.
3. Financial Implications
There are no significant financial implications associated with the processing of these two applications other than the improvement value of the property and hence the assessed value will increase once the building is completed.
4. Sustainability & Environmental Implications
A number of green building initiatives are planned for the building.
5. Communication & Engagement
As this application includes a Development Variance Permit application, notices were mailed to tenants and owners of properties within 50 metres of the subject property.
Notices were mailed out on August 30, 2017 indicating that Council would be considering the requested Development Variance Permit on September 11, 2017. To date, the Development Services Department has received one letter of opposition to the requested variance (Appendix G).
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000094 [Appendix A] and Development Variance Permit No. DVP00069 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at PID 008-400-571, Lot 17, Block G, Suburban Lot 30, Esquimalt District, Plan 772A [468 Foster Street].
2. That Council deny Development Permit No. DP000094 [Appendix A] with reasons, and Development Variance Permit No. DVP00069 [Appendix B].