REQUEST FOR DECISION
DATE: September 13, 2022 Report No. DEV-22-089
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit application for an 8-storey, mixed-use building containing 92 apartment units and one commercial unit, located at 819, 821, and 823 Esquimalt Road. End
RECOMMENDATION:
Recommendation
That Council approve the application for development permit DP000189 attached as Appendix “A” to staff report DEV-22-089 to authorize development of a mixed-use building comprised of ninety-two (92) seniors multi-family residential dwelling units and one commercial unit, and incorporating the form and character consistent with the architectural plans provided by Zeidler Architecture, stamped “Received July 6, 2022” (Appendix “D”), detailing the development proposed to be located at 819, 821, and 823 Esquimalt Road legally described as: Parcel B (Being a consolidation of lots 18, 19 & 20 See CB96505) Section 11 Esquimalt District Plan 265 with PID number 031-744-800.
Body
RELEVANT POLICY:
Declaration of a Climate Emergency
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
Building Regulation Bylaw, 2017, No.2899
STRATEGIC RELEVANCE:
Healthy, Livability, and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: DP000189
Appendix B: Air photo of subject site
Appendix C: CD-136 Zone
Appendix D: Architectural drawings including landscape plan and shadow study
Appendix E: Green Building Checklist
Appendix F: Applicant’s response to Design Guidelines 1, 4, 7, 8, and 11
Appendix G: Applicant’s narrative
Appendix H: Applicant’s presentation
Appendix I: Staff’s presentation
Chronology:
April 20, 2022, Development permit application received
August 10, 2022, Application reviewed by the Design Review Committee
Purpose of Application:
The applicant is proposing to build an 8-storey mixed-use building. Comprehensive Development District No. 136 (Appendix B) of Esquimalt Zoning Bylaw 1992, No. 2050 has been written to regulate this development.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 4 -Commercial, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, Development Permit Area No. 8 - Water Conservation and Development Permit Area No. 11 - West Bay. A development permit is required to ensure that the application is generally consistent with the development permit area guidelines contained within the Esquimalt Official Community Plan Bylaw, 2018, No.2922. The development permit is required prior to a building permit being issued for construction.
Evaluation of this application should focus on issues regarding the form and character of the development, including landscaping, exterior design, and finish of the building in relation to the relevant development permit area guidelines. In addition, evaluation should focus on natural environment protection, energy conservation, greenhouse gas reduction, and water conservation in relation to the relevant development permit area guidelines.
Context:
Applicant:
Jason Craik [Avenir Construction Inc.]
Owner:
1326732 BC Ltd.
Designer:
Zeidler Architecture
Property Size:
Metric: 2031 m2 Imperial: 21,861 ft2
OCP Land Use Designation:
Current:
Medium Density Residential/ Commercial/ Commercial Mixed-Use
Proposed:
Commercial/ Commercial Mixed-Use
Zone:
CD-136 Comprehensive District - 136
Existing Land Use:
Fourplex/ Single Family Dwelling/ Retail Store
Proposed Land Use:
93 Unit Commercial Mixed-Use [92 seniors’ residences and 1 commercial unit constructed in an 8-storey building
Surrounding Land Uses:
North:
Four and six-storey Multiple Family Residential
South:
Single Family Residential
East:
Four storey Multiple Family Residential
West:
Single Family Residential
OCP Analysis:
Most of the Official Community Plan policy issues were addressed as part of the rezoning process. At the development permit stage, the primary analysis deals with the degree to which the proposed development meets the relevant design guidelines in the Official Community Plan. The relevant design guidelines and the applicant’s response are found in a series of matrices attached as Appendix E of this report.
Zoning Analysis:
As a commercial mixed-use project, the CD-136 [Comprehensive Development District-136] zone permits the following uses: Congregate Care Senior Citizens Apartments, Dwelling - Multi-family, Home Occupation, Business and Professional Office, Personal Service Establishment, Retail Store, Restaurant, and Group Children’s Day Care Centre.
The following table summarizes the development regulations in the CD-136 [Comprehensive Development District - 136] zone.
|
Regulation Parameter |
Regulation Unit |
|
|
|
|
Commercial Units |
1 |
|
Residential Units |
92 |
|
Residential Floor Area Ratio |
2.95 |
|
Combined Mixed-Use Floor Area Ratio |
3.0 |
|
Lot Coverage |
85% |
|
Lot Coverage Above Parking Level |
56% |
|
Lot Coverage Above Fourth Storey |
51% |
|
Parking Structure Setbacks |
|
|
- Front Lot Line |
0.6 m |
|
- Eastern Side Lot Line |
0.6 m |
|
- Rear Lot Line |
0.6 m |
|
Building Setbacks |
|
|
- Front Lot Line |
6.0 m |
|
- Front Lot Line Above Fourth Storey |
8.0 m |
|
- Western Side Lot Line |
5.0 m |
|
- Western Side Lot Line Above Fourth Storey |
7.0 m |
|
- Eastern Side Lot Line |
5.0 m |
|
- Eastern Side Lot Line Above Fourth Storey |
7.0 m |
|
- Rear Lot Line |
7.0 m |
|
Siting Exceptions for Balconies and Canopies |
|
|
- Front Lot Line for Portion of Building Above the Fourth Storey |
2.0 m |
|
- Western Side Lot Line |
2.0 m |
|
- Eastern Side Lot Line |
2.0 m |
|
Building Height |
30 m |
|
Building Height Containing Floor Area |
27 m |
|
Usable Open Space |
13 % |
|
Parking |
|
|
- Visitor Parking |
1 for every 8 required parking spaces |
|
- Parking Spaces for Persons with Disabilities |
1 for every 11 required parking spaces |
|
- Parking Spaces per Dwelling Unit |
0.67 |
Parking Analysis:
Parking was analyzed through the rezoning process. The CD-136 zone contains the required parking as noted in the table above.
Comments from the Design Review Committee
This application was reviewed by the Design Review Committee at their regular meeting held on August 10, 2022. The Committee recommended that the application be forwarded to Council for approval for the following reasons:
Landscape Design is coherent with the architectural elements of the building which fuse together into a nice aesthetic. Landscape design also includes practical amenities for residents.
• Nice materiality and attractive detailing.
• Care has been taken along Esquimalt Road to include suitable tall plantings.
• Green screen is a major element that ties the landscape with the building architecture while providing an additional ecological benefit.
• Major benefit for residents.
• Inclusion of urban agriculture is a major benefit for residents on site.
• Form and character, scale is well done in keeping with the context of the development.
Comments from Other Departments:
The plans for this proposal were circulated to other departments and the following comments were received:
Community Safety Services (Building Inspection:
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:
A sewer capacity assessment report is required. There are existing sewer capacity issues downstream of the proposed development and onsite sewer attenuation may be required. As these issues are in the City of Victoria, the applicant will need to contact the City of Victoria’s Engineering Department for details. Note that this is not a development permit issue, so the comments from the Engineering Department will be forwarded to the applicant under separate cover. The Township’s Engineering Department has also requested that a 3.0 m wide sidewalk be located on the property. This is indicated in the landscape drawing.
Parks:
Tree protection fencing to remain in place for protected tress throughout the course of construction.
Fire Services:
Requested a Fire Department Site Plan. Because the request does not relate to the parameters covered by a development permit, the Department’s request will be forwarded to the developer.
ISSUES:
1. Rationale for Selected Option
The proposed development is consistent with the applicable zoning and the applicable design guidelines in the Official Community Plan. In addition, it is supported by the 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. Although only proposed at STEP Code level 2, the Section 219 Covenant registered on title prohibits the use of natural gas for heating which may do more to reduce greenhouse gas emissions than increasing the building to a STEP Code level 3.
5. Communication & Engagement
As this is a Development Permit application requiring no variances, the Local Government Act does not require that notification be provided.
ALTERNATIVES:
1. That Council approve the application for development permit DP000189 attached as Appendix “A” to staff report DEV-22-089 to authorize development of a mixed-use building comprised of ninety-two (92) seniors multi-family residential dwelling units and one commercial unit, and incorporating the form and character consistent with the architectural plans provided by Zeidler Architecture, stamped “Received July 6, 2022” (Appendix “D”), detailing the development proposed to be located at 819, 821, and 823 Esquimalt Road legally described as: Parcel B (Being a consolidation of lots 18, 19 & 20 See CB96505) Section 11 Esquimalt District Plan 265 with PID number 031-744-800.
2. That Council denies with reasons the application for development permit DP000189 attached as Appendix “A” to staff report DEV-22-089 to authorize development of a mixed-use building comprised of ninety-two (92) seniors multi-family residential dwelling units and one commercial unit, and incorporating the form and character consistent with the architectural plans provided by Zeidler Architecture, stamped “Received July 6, 2022” (Appendix “D”), detailing the development proposed to be located at 819, 821, and 823 Esquimalt Road legally described as: Parcel B (Being a consolidation of lots 18, 19 & 20 See CB96505) Section 11 Esquimalt District Plan 265 with PID number 031-744-800.