REQUEST FOR DECISION
DATE: March 27, 2019 Report No. DEV-19-029
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 636 and 640 Drake Avenue
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Bylaw No. 2950 attached as Appendix ‘A’ of Staff Report DEV-19-029, which would amend Official Community Plan Bylaw, 2018, No. 2922 by amending Schedule B, being the ‘Proposed Land Use Designations’ map, thereby changing the designation of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565] shown cross-hatched on Schedule ‘A’, from ‘Low Density Residential’ to ‘Townhouse Residential’, be considered for first and second reading;
2. That Council resolves that Bylaw No. 2951 attached as Appendix ‘B’ of Staff Report DEV-19-029, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 636 Drake Avenue [PID 002-923-211; Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] and 640 Drake Avenue [PID 002-923-157; Lot 2, Suburban Lots 50 and 41, Esquimalt District, Plan 25565] from RD-1 [Two Family Residential] to CD No. 116 [Comprehensive Development District No. 116], be considered for first and second reading; and
3. That Council authorizes the Corporate Officer to schedule a public hearing for Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw No. 2950 and Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2951, and to advertise for same in the local newspaper.
Body
RELEVANT POLICY:
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: Bylaw No. 2950 - OCP Amendment - 636 and 640 Drake Avenue
Appendix B: Bylaw No. 2951 - Zoning Amendment [CD116] - 636 and 640 Drake Avenue
Appendix C: Air photo, OCP Designation & Zoning maps, RM-3 zone
Appendix D: Applicant’s Introduction Letter, Green Building Checklist, Tree Plan
Appendix E: Rendering, Architectural Drawings, Landscape Plan
Appendix F: Neighbourhood meeting minutes - Redacted
Appendix G: Public Comment
Appendix H: OCP consultation letter and concept plan
Purpose of the Application
The applicant is requesting a change in the Official Community Plan - ‘Proposed Land Use Designation’ from ‘Low Density Residential’ to ‘Townhouse Residential’, and a change in zoning from the current Two Family Residential [RD-1] zone to a Comprehensive Development [CD] zone, to accommodate the proposed eight strata townhouse residences, to be constructed in three buildings on the subject property. A concomitant amendment is also required to Schedule H of the Official Community Plan to change the development permit area for the subject properties from “Enhanced Design Control Residential” to “Multi-family Residential”.
The existing two duplexes would be demolished and eight new dwelling units would be constructed. Should the rezoning be approved, the form and character of the buildings and landscaping would be controlled by a development permit that would be considered by Council at a future date. The applicant has also offered a Section 219 Covenant to secure some of the features of the development.
Evaluation of this application should focus on issues relevant to OCP policies and zoning regulations, such as how the building relates to adjacent and surrounding sites, the appropriateness of the proposed height, density and massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, and whether the proposed uses are appropriate and consistent with the overall direction contained within the OCP.
Context
Applicant/ Owners: Jim Burrows, Burrows Holdings Ltd., Inc. No. 459190; and
Chris Travis, Dimma Pacific Properties Ltd.
Property Size: 636 Drake Ave.: [Lot 3]: Metric: 843.0 m2 Imperial: 9074.0 ft2
640 Drake Ave.: [Lot 2]: Metric: 784.0 m2 Imperial: 8438.9 ft2
Total: Metric: 1627.0 m2 Imperial: 17512.9 ft2
Existing Land Use: 636 Drake St.: Two Family Dwelling
640 Drake St.: Two Family Dwelling
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
West: Single Family Residential
East: Single Family Residential
Existing Zoning: 636 Drake St.: Two Family Dwelling
640 Drake St.: Two Family Dwelling
Proposed Zoning: CD [Comprehensive Development District]
Existing OCP Designation: Low Density Residential [amendment required]
Proposed OCP Designation: Townhouse Residential
Zoning and Parking
In keeping with other townhouse projects, the proposed Comprehensive Development District zone would contain the following uses: townhouse residential, two family residential, home occupation and boarding.
The following table compares the floor area ratio, lot coverage, setbacks, height, useable open space, and parking of this proposal with the requirements of the High Density Townhouse Residential Zone [RM-3].
There are eight units proposed, four - 3 bedroom units and four - 2 bedroom units. The F.A.R. of the proposal at 0.63 is greater than the 0.60 F.A.R. permitted in the Multiple Family Residential [RM-3] - high density townhouse or low density apartment development zone. The Official Community Plan allows for consideration of up to 0.70 F.A.R. for Townhouses, in areas designated for Townhouse Residential. The proposed Lot Coverage at 29% is greater than the maximum 25% permitted in the RM-3 zone.
This proposal requires a 1.3 metre reduction to the front and a 1.5 metre reduction to the rear setback requirements of the RM-3 zone. Drake Street is a narrow street with wide boulevards, where the majority of buildings are located a fair distance away from the roadway, though the house to the south of this location is fairly close to the street.
This proposal’s provision of 127 m² [7.8% Useable Open Space] meets the 7.5% Useable Open Space requirement contained in the RM-3 zone. On the Landscape Plan there is an area shown with benches that could become a common social space for residents; plus each unit is provided with a small private outdoor space measuring at least 6 metres by 4 metres in area.
The height of the tallest proposed building at 9.0 metres equals the 9.0 metre maximum provided in the RM-3 zone.
The proposal provides for 8 parking spaces in resident garages, with three (3) visitor spaces located towards the back of the site and one (1) visitor space located between the two, two-unit buildings. The Parking Bylaw allows for up to 50% of parking spaces to be small car spaces; this proposal has eleven (11) full size spaces, with one garage space (unit 4) being a little shorter at 5.3 m instead of 5.5 metres. Most of the garages have extra depth that will allow for some storage and bike parking. The manoeuvering aisle which is a minimum 7.3 metres wide, and located over an existing right of way, meets the Parking Bylaw width requirements, and would provide adequate room for a fire truck to access the property.
The size of this development would warrant the use of a private contractor to pick up garbage, kitchen scraps and recycling, so a containment system is proposed towards the back of the lot.
Official Community Plan
This proposal requires an amendment to the “Proposed Land Use Designation” for the subject properties, from “Low Density Residential” to “Townhouse Residential”, and a change to a Development Permit Area designation from “DPA No. 3: Enhanced Design Control Residential” to “Development Permit Area No. 6 - Multi-Family Residential”.
The Official Community Plan supports the expansion of housing types in residential areas. The immediate neighbourhood contains a mix of single family and two-family housing types.
Section 5 Housing & Residential Land Use contains policies that are intended to ensure that concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character are addressed.
• Policy - Consider new townhouse residential proposals with a Floor Area Ratio of up to 0.70, and up to three storeys in height, in areas designated Townhouse Residential on the “Proposed Land Use Designation Map,” provided the design responds effectively to both its site and surrounding land uses.
• 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.
5.2 Low Density Residential Redevelopment
OBJECTIVE: Strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole.
• Policy - 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.
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 provision of missing middle housing types such as two-unit dwellings (duplexes), townhouses and small lot infill as one avenue to address housing affordability.
Development Permit Areas [DPA]
This site is currently included within four development permit areas: DPA No. 1: Natural Environment, DPA No. 3: Enhanced Design Control Residential, Development Permit Area No. 7: Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8: Water Conservation. A change to a Development Permit Area designation from “DPA No. 3: Enhanced Design Control Residential” to “Development Permit Area No. 6 - Multi-Family Residential” is proposed.
There will be a Development Permit required prior to a building permit being issued; therefore, applicants are urged to consider the DPA guidelines early in the process. Many DPA guidelines require that the zoning issues (useable open space, lot coverage, height, density, massing, siting, setbacks, parking, how the building relates to adjacent homes) and natural area / tree protection be considered, in order to be able to fulfill the guidelines for a development site.
Comments from Other Departments
The plans for this proposal were circulated to other departments and the following comments were received:
Building Inspection: Subject to code and bylaw review at time of building permit application.
Engineering Services: Engineering has completed a preliminary review of the proposed development at 636 and 640 Drake Street. The developer should be aware that they may be required to provide Works and Services up to the road centre line, at the expense of the property owner. At a minimum new curb, and gutter along the frontage of the proposed development. The development is to have sewer, drain, catch basin and water service connections, as well as underground hydro, telephone, and cable. Additional review and comments will be provided upon receipt of detailed engineering drawings. All proposed Works and Services shall be as per Bylaw No. 2175. It is the responsibility of the applicant to hire a qualified professional for the design and construction supervision of all Works and Services, including construction costs, engineering fees, administrative fees and as indicated in Bylaw No. 2175.
Fire Services: Sprinklers will be required for this building as per Building Regulation Bylaw, 2017, No. 2899. Driveway shall be constructed in a fashion that permits fire department access.
Parks Services: Comments as per Talbot and Mackenzie report; retain and protect trees as per Tree Protection Bylaw. Apply for removals through the Parks department.
Director of Development Services: As this proposal is situated on two lots, the lots would need to be consolidated. Should this rezoning be approved, a Development Permit would be required.
Recommendation from the Design Review Committee [DRC]
This application was considered at the regular meeting of the DRC held on July 11, 2018. The DRC members supported this application and made the following motion:
The Esquimalt Design Review Committee [DRC] recommends to Council that the application for a rezoning and OCP amendment, authorizing eight (8) townhouse dwelling units as sited on the survey plans prepared by Powell and Associates stamped “Received June 1, 2018 and incorporating the height and massing consistent with the architectural plans provided by Burrows Holdings Ltd. and Dimma Pacific Properties Ltd., stamped “Received April 17, 2018”, detailing the development proposed to be located at 636 and 640 Drake Avenue [PID 002-923-157, Lot 2 of Suburban Lot 50 and 41, Esquimalt District, Plan 25565 and PID 002-923-211, Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565], be forwarded to Council with a recommendation for approval with the following conditions:
That the proposal for the site more closely meet the current RM-3 zone, including:
• A reduction in FAR and lot coverage, and
• An increase in the useable open space.
The reason: To add flexibility in the design while delivering housing that meets the Townhouse form.
Note: The applicants responded to the comments of the DRC members and reduced the size of the proposed buildings, adding more articulation to the upper storey. They have since added a common gathering space and a bike rack to the landscape design.
Recommendation from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on Tuesday, October 16, 2018. The APC members supported this application and made the following motion:
The application for an Official Community Plan Amendment and Rezoning for eight (8) Townhouse type dwelling units built in three buildings, incorporating the height and massing consistent with the architectural plans provided by Burrows Holdings Ltd. and Dimma Pacific Properties Ltd., stamped “Received September 27, 2018”, to be located at 636 and 640 Drake Avenue [PID 002-923-157, Lot 2 of Suburban Lot 50 and 41, Esquimalt District, Plan 25565 and PID 002-923-211, Lot 3 of Suburban Lot 41, Esquimalt District, Plan 25565] be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve; as the proposed development supports the Official Community Plan policies around densification and the provision of missing middle housing types.
Note: The applicants responded to comments of the APC members and added the small decks on third floor looking over the driveway and also the small eaves over the east unit entrances.
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission and the Design Review Committee have recommended approval of this application. The applicants have responded to comments from the DRC, the APC, and staff and have improved the proposal over the original submission. The proposed development would add ‘missing middle’ family oriented housing close to the Esquimalt Town Centre. The applicants have sited the buildings to protect many of the existing trees on the site.
The applicant has indicated a willingness to enter into a Section 219 Covenant to secure on-site amenities, including:
• buildings to meet a minimum BC Building Code Step 3,
• consolidation of the two lots prior to issuance of a development permit,
• an electric vehicle charging station in each garage,
• four visitor parking spaces,
• a visitor bike rack,
• outdoor social area with benches,
• screened garbage area,
• a drainage field area with overflow to retain a percent of stormwater on site,
• restriction on the creation of additional suites within the units, and
• restriction on a future strata corporation from limiting future rentals.
BC Building Code Step 3 requires demonstrating that a new residential building will meet or exceed the minimum energy-efficiency requirements of the ERS Reference House in the BC Building Code by 20%, measuring airtightness and energy performance.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
The applicant has completed the Green Building Checklist. [Appendix D]
5. Communication & Engagement
Official Community Plan [OCP] Consultation
The Official Community Plan and Zoning Bylaw Amendment concept plan was circulated to local First Nations and other agencies for comment on December 20, 2018. No concerns were raised from these agencies. [Appendix H]
Public Notification
As this is an OCP amendment and a rezoning application, should it proceed to a Public Hearing, a notice would be mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property. Signs indicating that the properties are under consideration for a change in zoning have been placed on the Drake Avenue frontage of both the properties and would be updated to reflect the date, time and location of the Public Hearing. Additionally, notice of the Public Hearing would be placed in two editions of the Victoria News.
Applicant neighbourhood meeting submission
The applicant has indicated that they held a public meeting (open house) and met with neighbours on June 8, 2018 in order to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791. [Appendix F]
ALTERNATIVES:
1. That Council read Bylaws No. 2950 and 2951 a first and second time, and direct staff to schedule a Public Hearing.
2. Council read Bylaws No. 2950 and 2951 a first time, and request additional information from staff.