REQUEST FOR DECISION
DATE: December 2, 2020 Report No. DEV-20-084
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit Application - 876 Dunsmuir Road
End
RECOMMENDATION:
Recommendation
That Council resolve that Development Permit No. DP000146, attached as “Appendix A” of staff report DEV-20-084, authorizing the form and character of the proposed development of four (4) stacked townhouse dwelling units as sited on the survey plan prepared by J.E. Anderson and Associates stamped “Received April 20, 2020”, consistent with the architectural plans provided by Victoria Design Group., stamped “Received November 24, 2020”, and the landscape plan by Greenspace Designs. stamped “Received November 24, 2020”, be approved, and staff be directed to issue the permit, and register the notice on the title of 876 Dunsmuir Road [PID 001-586-971; Lot 77, Section 11, Esquimalt District, Plan 265].
Body
RELEVANT POLICY:
Declaration of 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
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan (OCP).
BACKGROUND:
Appendix A: Development Permit No. DP000146
Appendix B: Subject Property Map, Air Photo, OCP Land Use Designation Maps
Appendix C: DP Guideline Forms - DP Areas No. 1, 6, 7, 8 and 11
Appendix D: Bylaw No. 3000 - 876 Dunsmuir Road - CD 142
Appendix E: Green Building Checklist
Appendix F: Applicant’s Council Presentation
Timeline:
September 22, 2020 - Development Permit application received
November 4, 2020 - Design Review Committee provides comments
November 24, 2020 - new drawing package received
December 7, 2020 - Council consideration of approval of Development Permit No. DP000146
Purpose of Application:
The applicant is proposing four (4), stacked townhouse strata dwelling units, to be built in one building. Comprehensive Development District No. 142 of Esquimalt Zoning Bylaw 1992, No. 2050 [Appendix D] has been written to regulate this development.
Evaluation of this application should focus on issues respecting the form and character of the development, including landscaping, exterior design and finish of the buildings and other structures in relation to the relevant development permit area design 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/ Owner: Jim Penner [0795531 B.C. Ltd., Inc. No. BC0795531]
Designer: Will Peerboom, Victoria Design Group
Surrounding Land Uses:
North: Two Family Residential [RD-1]
South: Multiple Family Residential [Fourplexes] [RM-4]
West: Single Family Residential with Suite [RD-1]
East: Single Family Residential [RD-3]
Zoning: Comprehensive Development District No. 142 [CD No. 142]
OCP Designation: Townhouse Residential
OCP Analysis:
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 6 - Multi-Family Residential, 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 and this permit must be approved by Council and issued by staff prior to a Building Permit being approved for the construction of the building.
The applicant has submitted a document noting how the project responds to these guidelines [Appendix C].
OCP Section 18 Development Permit Area No. 1 - Natural Environment
OCP 18.5.1 Lands Free of Development
This site is well away from local waterways so these guidelines are not applicable (NA).
OCP 18.5.2 Natural Features
This site currently has a natural upward slope towards the north and is above the elevation of Dunsmuir Road. The applicant proposes limited excavation of the site but has also proposed retaining walls that meet Zoning Bylaw requirements to allow for construction of a more mildly sloped parking area and greenspace at the rear of the site.
OCP Section 18.5.3 Biodiversity
The proposed mix of trees and ornamental plantings has the potential to offer modest habitat for local native species. Any native soil that can be saved on site could assist with the successful establishment of native and ornamental plant species.
OCP Section 18.5.4 Natural Environment
Trees and vegetation will contribute to a positive urban environment, buffering noise levels, absorbing air pollution from traffic and providing shade for south face of the building. Lighting can be chosen and sited to minimalize light pollution levels, while still providing for safe movement on site.
OCP Section 18.5.5 Drainage and Erosion
The proposed addition of trees and landscaped areas to the site should allow stormwater to percolate slowly into the soil. The CD-142 zone requires that not less than 25% of the total area of the parcel remain as permeable landscaping.
OCP Section 18.5.7 Native Bird Biodiversity
The proposed mix of species types and sizes should support the goal of increasing habitat for native bird populations. The larger native tree species will contribute to improved shelter for native birds as they grow.
OCP Section 19 - Development Permit Area No. 2 - Hazardous Conditions [Tsunami]
This site is not located within the latest identified tsunami inundation area.
OCP Section 23 - Development Permit Area No. 6 - Multi-Family Residential Guidelines
After initially proposing, at the rezoning stage, a design that was less sympathetic to the siting of existing streetscape, the applicant has demonstrated that fit with the neighbourhood in terms of size and siting of the building have been thoughtfully considered; as has privacy, and the pedestrian environment on Dunsmuir Road. The building all demonstrates 100% percent common wall overlap between units as well as complete overlap between the first and Second Floor units. The street frontage elevation has been designed to present contemporary townhouse entrances to the street that are clearly identified and sheltered from the elements. There is a diverse mix plants species being proposed for the landscaping.
OCP Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction
24.5.1 Siting of buildings and structures
The south facing building with substantial glazing will allow for notable solar gain for both heat and light. The siting and design of the building ensures useful open space with a south exposure is available to residents of all four units.
24.5.2 Form and exterior design of buildings and structures.
This building form, including shared walls improves potential energy conservation.
The proposed design includes useable outdoor amenity spaces on south facing decks, in the modest yards at the front of the building and on the rooftop decks for the upper unit residents.
24.5.3 Landscaping
The landscape plan appears to meet the intent of the guidelines in this section, while balancing the needs for on-site parking.
Visitor bicycle lockups are included in the rear common siting area.
24.5.4 Machinery, equipment and systems external to buildings and other structures
Electric Heat Pumps and HRV to provide heat control and circulation in each unit. Buildings will be built to BC Energy Step Code, Step 2. Building is constructed as Solar Ready for installation of photovoltaic solar panels in the future.
24.5.5 Special Features
Wood and durable building materials are being locally sourced, where feasible.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation
25.5.1 Building and Landscape Design
Having a fairly compact three storey design allows more site area to be available for permeability. Zone requires that not less than 25% of the site be dedicated to landscaping.
25.5.2 Landscaping - Select Plantings for Site and Local Conditions
It appears that site conditions have been considered in the choice of plantings.
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping)
Proposed landscaping includes use of permeable pavers to retain stormwater, plantings and trees that will slowly absorb water from each precipitation event and facilitate slow absorption, thereby lessening pressure on local stormwater systems.
25.5.4 Landscaping - Water features and Irrigation systems
Automated irrigation system is proposed.
OCP Section 28 - Development Permit Area No. 11 - West Bay
28.5 -Residential Buildings
All four units overlook Dunsmuir Road but are setback sufficiently to enjoy separation from street activity.
All four unit entrances are clearly defined and visible from the street and pedestrian connection to these entrances is intuitively designed.
All four main floor entrances are covered by the second floor sitting rooms that extend out over the exterior front porch. The entrances are further enhanced by the protection offered by the southern structural supports flanking the common porch which when combined with the pair of stairways flanking the raised planter bed create a focal point that identifies the common landing as the primary entrance to the building for all units.
Basement entry doors also protected from the elements by the main floor decks above and the sunken patios abutting both of these secondary entrances.
All off street parking is located behind the building ensuring that it appears as a minor element in the overall design when viewed from the street.
Zoning and Parking Analysis:
The following chart summarizes many of the requirements contained within Comprehensive Development District No. 142 (Appendix D), which was created for this proposal.

As the parking spaces are located away from the street frontage they would appear as a minor use on this site.
Comments From Other Departments:
The plans for this proposal were circulated to other departments and the following comments were received:
Building Inspection: No concerns. Construct to current BC Building Code and Municipal Building Regulation Bylaw, 2017, No. 2899. 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 876 Dunsmuir Road. The developer should be aware that they may be required to provide Works and Services up to the road centre line. At a minimum new curb, gutter and along the frontage of the proposed development maybe required. 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. The applicant is responsible for retaining the services of 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.
Parks Services: Tree protection must be erected as needed in an effort to protect the trees located on the neighbouring properties.
Comments from the Design Review Committee [DRC]:
This application was considered at the regular meeting of the DRC held on November 4, 2020.
The DRC made the following motion: The Design Review Committee recommends the application be forwarded to Council with recommendation to approve with the following conditions:
That the applicant consider:
1) Adding more larger trees;
2) Simplifying the material palate and add interest to the side elevation;
3) Altering the travel path back to front;
4) Relocating the bike racks to the front of the building; and
5) A clear pedestrian access to the amenity area.
Reason: The design is appropriate for the neighbourhood.
In response to the feedback from the DRC the applicant revised the proposal in the following ways:
• Moved trees to the southern corners of the front yard and revised planting areas close to the front of the building with plants and large shrubs.
• Added two large Maple trees to the rear yard.
• Simplified the material palate by eliminating the board and batten.
• Revised colours for the lap siding and concrete fibre panels to be slightly lighter as there were comments about it being too dark.
• Added windows to the east and west elevations to break up the mass of the walls.
• Relocated bike racks to the front yards
• Revised east edge of parking area to include pathway to rear amenity area.
• Revised front walkway design to connect across the front of the building.
It is the opinion of staff that these changes address all the conditions identified by the DRC and notably improve the project.
ISSUES:
1. Rationale for Selected Option
The four townhouses, which represent ‘missing middle’ family housing have been designed in a form and character that would be complimentary to the neighbourhood and would have multiple sustainability benefits. The Design Review Committee has recommended approval of this application.
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
Increasing residential density in existing neighbourhoods is believed to make a community more sustainable. The applicant has committed to installing Level 2 electric vehicle charging stations at all five parking spaces, providing secure storage for bicycles, including access to a plug for charging, and providing four (4) bike lockups on the Dunsmuir Road frontage offering opportunities for visitors to choose to cycle to the site, all of which serve to encourage alternative transportation.
The applicant has completed the Esquimalt Green Building Checklist [Appendix E].
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 resolve that Development Permit No. DP000146 be approved, and subject to receipt of the required landscape security staff be directed to issue the permit and register the notice on the title of the property.
2. That Council resolve that Development Permit No. DP000146 be amended as directed, and subject to receipt of the required landscape security, staff be directed to issue the permit and register the notice on the title of the subject property.
3. That Council deny Development Permit No. DP000146 with reasons.