REQUEST FOR DECISION
DATE: May 11, 2016 Report No. DEV-16-036
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner
SUBJECT:
Title
Rezoning Application, ‘West Bay Triangle’
PID 001-843-991, Lot 8, Block H, Section 11, Esquimalt District, Plan 292 [468 Head Street];
PID 006-720-439, Lot 5, Block H, Section 11, Esquimalt District, Plan 292 [470 Head Street];
PID 000-036-722, Lot 4, Block H, Section 11, Esquimalt District, Plan 292 [472 Head Street];
PID 009-175-024, Lot 1, Block H, Section 11, Esquimalt District, Plan 292 [515 Gore Street];
PID 009-175-016, Lot 2, Block H, Section 11, Esquimalt District, Plan 292 [509 Gore Street];
PID 000-704-580, Strata Lot 1, Section 11, Esquimalt District, Strata Plan 509, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1 [922 Lyall Street];
PID 000-704-598, Strata Lot 2, Section 11, Esquimalt District, Strata Plan 509, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1 [920 Lyall Street];
PID 009-175-008, Lot 6, Block H, Section 11, Esquimalt District, Plan 292 [918 Lyall Street]; and
PID 009-174-885, Lot 7, Block H, Section 11, Esquimalt District, Plan 292 [912 Lyall Street]. End
RECOMMENDATION:
Recommendation
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2873, attached to Staff Report DEV-16-036 as Schedule “A”, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of PID 001-843-991 Lot 8, Block H, Section 11, Esquimalt District, Plan 292 [468 Head Street], PID 006-720-439, Lot 5, Block H, Section 11, Esquimalt District, Plan 292 [470 Head Street], PID 000-036-722, Lot 4, Block H, Section 11, Esquimalt District, Plan 292 [472 Head Street], PID 009-175-024, Lot 1, Block H, Section 11, Esquimalt District, Plan 292 [515 Gore Street], PID 009-175-016, Lot 2, Block H, Section 11, Esquimalt District, Plan 292 [509 Gore Street], PID 000-704-580, Strata Lot 1, Section 11, Esquimalt District, Strata Plan 509, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1 [922 Lyall Street], PID 000-704-598, Strata Lot 2, Section 11, Esquimalt District, Strata Plan 509, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1 [920 Lyall Street], PID 009-175-008, Lot 6, Block H, Section 11, Esquimalt District, Plan 292 [918 Lyall Street], and PID 009-174-885, Lot 7, Block H, Section 11, Esquimalt District, Plan 292 [912 Lyall Street] all of which are shown cross hatched on Schedule ‘A’ of Amending Bylaw No. 2873, from their current zoning designation, detailed on Schedule ‘B’ of Amending Bylaw No. 2873, to CD No. 98 [Comprehensive Development District No. 98] be considered for first and second reading; and
2. That Council authorizes the Corporate Officer to schedule a Public Hearing for Zoning Amendment Bylaw No. 2873, send mail notices and advertise for same in the local newspaper; and
3. That prior to the adoption of Bylaw No. 2873, the owner register a Section 219 Covenant on the titles to the properties in favour of the Township of Esquimalt, restricting use and development opportunities without the consolidation of the nine property titles, identified in Staff Report DEV-16-036, into one legal parcel and restricting the buildable area on the two adjacent properties to the southeast, 460 Head Street and 464 Head Street, to ensure an appropriate setback is provided between buildings along Lyall Street; and
4. That prior to the adoption of Bylaw No. 2873, the owner reimburse the Township of Esquimalt, for all legal fees incurred by the Township related to the preparation of Bylaw No. 2873, the Section 219 Covenant, and any other legal fees directly associated with this application.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Green Building Checklist
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Purpose of the Application
The applicant is requesting a change in zoning from the current mix of RS-1 [Single Family Residential], RD-2 [Two Family Small Lot Residential], and C-7 [West Bay Commercial] zoning which currently regulates the 9 subject properties to Comprehensive Development District No. 98 [CD-98] to facilitate the consolidation of the subject properties and authorize a new 6-storey, commercial mixed use building containing ground floor commercial space oriented toward Head Street and 73 residential units.
This site is located within Development Permit Area No. 2 - Commercial and is also subject to the policies and guidelines contained in the West Bay Neighbourhood Design Guidelines approved by Council in November of 2015. Should the rezoning application be approved, the applicant would need to obtain a Development Permit respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of the proposed 6-storey, 73 unit, mixed use, commercial and residential building. The Development Permit would be considered by both the Design Review Committee and Council.
Context
Applicant/Owner: Triangle Estates Ltd. [Mark Lindholm]
Architect: Hillel Architecture Inc. [Peter Hardcastle]
Property Size: Metric: 4080 m2 Imperial: 43,917 ft2
Existing Land Use: Single Family and Two Family residences and vacant Commercial land
Surrounding Land Uses:
North: Neighbourhood Commercial/ West Bay Commercial
South: DND Federal Land [Work Point]
West: Single Family and Two Family Residential
East: Marine Commercial
Existing Zoning: RS-1 [Single Family Residential] - 5 Lots
RD-2 [Two Family Small Lot Residential] - 1 Lot
C-7 [West Bay Commercial] - 2 Lots
Proposed Zoning: CD-98 [Comprehensive Development District No. 98]
Existing OCP Designation: Commercial Mixed-Use [No change required]
Schedules:
“A” Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2873;
“B” OCP Policies and Site Context Maps of the subject properties;
“C” Township of Esquimalt West Bay Neighbourhood Design Guidelines;
“D” Green Building Checklist;
“E” Architect’s Narrative;
“F” Hillel Architecture - West Bay Triangle Design Guidelines;
“G” Summary of Developer’s Public Open House;
“H” Architect’s Response to DRC recommendations; and
“I” Architectural Drawings including Shadow Analysis and BC Land Survey.
Comments From Other Departments
The plans for this proposal were circulated to other departments and the following comments were received by the submission deadline:
Building Inspection: Construction must satisfy BC Building Code and Esquimalt’s Building Code Bylaw, 2002, No. 2538 requirements. Detailed review of plans will occur when at time of Building Permit application.
Parks Services: Parks staff completed a site review of the area and determined that the proposed development would impact 9 trees located on municipal property adjacent to the site noting that all of these trees would be removed, should this development be approved. As no detailed landscape plan has been provided at this time, Parks staff reserve comments until a plan is presented as part of the Development Permit application. Staff note that the applicant will need to provide a Tree Survey so that appropriate tree replacement requirements can be determined consistent with the Township’s Tree Protection Bylaw.
Fire Services: Fire Services staff have completed a preliminary evaluation of the proposed new buildings and have no objection to the proposed rezoning. Detailed additional comments will be provided as part of the consideration of the Building Permit should Council approved this rezoning application.
Engineering Services: Engineering staff have completed a preliminary evaluation of Works and Services that would be required for the proposed commercial mixed use development including commercial space and 73 residential units located on 9 properties within West Bay. The applicant is responsible for retaining the services of a qualified professional for the design, construction and supervision of all Works and Services required to service the proposed development as indicated in Esquimalt’s Subdivision and Development Control Bylaw No. 2175. A capacity study should verify all main sizes, material, etc., and determine if the Sewer and Drain mains are of adequate size and condition to handle the increased flows introduced as a result of the development. Existing municipal infrastructure may need to be relocated or SRWs may need to be secured. Existing properties are to remain fully serviced during construction. Additional review comments will be provided when detailed engineering drawings are submitted.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of APC held on January 19, 2016. The applicant’s architect, Peter Hardcastle, representing Hillel Architecture, presented a detailed presentation of the West Bay Triangle Design Guidelines [Schedule F] which informed the creation of the design presented to the APC. Members commented that they were genuinely impressed with the thought and consideration put into the proposal. Members sought and received confirmation that the proposed commercial retail spaces would remain commercial and could not change to residential use, that the development would be designed to accommodate disabled residents, that the proposal would include some electric vehicle infrastructure and that it was the developer’s intent to allow rental in a percentage of the units. Members thanked Mr. Lindholm for not walking away from the project and for taking the time to redesign the proposal.
The APC moved that the application be forwarded to Council with a recommendation for approval. The Motion carried unanimously.
Comments from the Design Review Committee [DRC]
This application was originally considered at the regular meeting of DRC held on February 10, 2016. Members’ comments were supportive of this proposal with members stating they loved the reimagining of the West Bay Triangle. Notwithstanding this support, members raised concerns regarding the appropriateness of the setback of the 6 storey residence building to the southeast side lot line as it was unclear what development scheme might be proposed on the adjacent two parcels in the future. Members also commented that effort should be made to revise the public/ private realm abutting the intersection of Gore Street and Lyall Street.
The DRC moved that the application be returned to a future meeting with revised plans that address the following:
1. Consider altering the siting and reducing the mass of the 6 storey residential building.
2. Address lack of setback on southeast corner.
3. Reduce parking and enhance park space at the west corner of the site at Gore Street and Lyall Street.
4. Provide a siting and massing model for the adjacent future development to the southeast.
In response to this motion the applicant provided a revised set of drawings, stamped “Received April 7, 2016” [Schedule I] which include a refined site plan and landscape plan and draft site plan and floor plan drawings as well as 3D model elevations proposed for the two parcels located to the southeast of the subject properties, forthwith to be referred to as the “Marina Residences”, for consideration by the DRC. The applicant supplemented this revised submission with a letter detailing the specific changes as they relate to the issues identified by the DRC at the February 2016 meeting [Schedule H].
The amended application was considered at the April 13, 2016 meeting of DRC.
Members indicated appreciation for provision of the draft plan for the adjacent properties to clarify the form of development expected along Lyall Street. Members were assured by the applicant’s architect that the applicant would be happy to register a covenant on the titles of the properties to ensure the building separation demonstrated in the draft plan would be achieved. Members also commented on the desirability of the mid-block pedestrian connection providing public access through the developments, on the desirability of enclosing the triangular roof opening above the surface parking to provide additional open space for beautification and resident use, and on the desirability of reducing or removing surface parking at the west end of the site to provide a small park for residents and the public.
DRC moved that the application be forwarded to Council with a recommendation of approval subject to the following conditions:
1. Consider increasing green space on the western portion of the site adjacent to the intersection of Gore Street and Lyall Street.
2. Consider enclosing the parking garage and adding enhanced green space within the triangle area subsequently created in the center of the second floor courtyard.
The Motion Carried Unanimously.
Zoning
Density, Lot Coverage, Height, Setbacks and Parking: The following chart details the zoning criteria applied to this proposal as Zoning Bylaw, 1992, No. 2050 does not contain a zone that could accommodate this commercial mixed-use proposal:
|
|
Comprehensive Development District No. 98 [CD-98] |
|
|
(Mixed Commercial Residential Use) |
|
Floor Area Ratio |
1.30 |
|
Unit Size |
45 square metres [minimum] |
|
Commercial Floor Area |
395 square metres [minimum] |
|
Building Height |
23.0 m |
|
Lot Coverage |
64% total/ 56% [on 1st storey]/ 24% [above 2nd storey] |
|
Setbacks: |
|
|
Front |
5.8 m plus 3.0 m [Canopy] |
|
Rear |
5.9 m plus 0.9 m [Canopy] |
|
Exterior Side |
3.2 m plus 0.5 m [Canopy] |
|
Interior Side |
0.9 m plus 0.9 m [Canopy] |
|
Useable Open Space |
7.5% of parcel area |
|
Off Street Parking |
119 spaces [exceeds Parking Bylaw requirements] |
Parking: The applicant proposes to provide modestly greater parking than the minimum required for this project, exceeding the minimum number of spaces by 5 spaces. With the exception of the 12 spaces accessed off Lyall Street serving as Visitor Parking for the residential units, all parking associated with this development is screened from the public realm or located underground.
Height: The applicant proposes to construct a building 2-storeys in height along the Head Street and Gore Street frontages and would include a residence block fronting Lyall Street that would rise 6-storeys with a total residential density [Floor Area Ratio] of 1.30. While approval of this rezoning application would make West Bay Triangle one of the tallest buildings in Esquimalt, the proposed height is substantially less than initially considered for this Commercial Mixed-Use site and is consistent with the recently adopted West Bay Neighbourhood Design Guidelines [Schedule C].
Setbacks: Commercial development best practices encourage placing commercial retail uses in proximity to the public realm. Accordingly, the proposed siting of the portions of the building containing retail/ office commercial space is appropriate as the large canopies proposed along Head Street will serve to create a covered transitional space between the indoor uses and the outdoor public realm. The setback associated with the residential block facing Lyall Street is less than established setbacks for tall residential buildings, however staff are of the opinion that the proposed setback offers adequate separation between the public realm and the building.
Permitted Uses: The West Bay Area is identified as a Commercial Node in the Official Community Plan, therefore it is appropriate to consider an application that proposes a mix of commercial retail, office, and boutique commercial spaces. Permitted Uses in the proposed Comprehensive Development District are limited to the following uses:
a) Dwelling - Multiple Family
b) Home Occupation
c) Business and Professional Office
d) Personal Service Establishment
e) Retail Store
f) Restaurant
g) Liquor Store
h) Convenience Store
i) Group Children’s Daycare
j) Boat Rental and Passenger Charter
Traffic Study: The applicant provided a detailed Traffic Impact Assessment for the original 97 unit mixed-use proposal, dated February 20, 2012. Boulevard Transportation Group [BTG] determined at that time that the proposed project would have little local impact, adding an estimated 38 trips in the AM peak hour and 44 trips in the PM peak hour. BTG also determined that it was most likely that the existing traffic flow pattern, including DND traffic, would not change with the addition of this building, as additional delays would be very minor. BTG concluded that no improvements or changes would be required to the existing key intersections to accommodate the new traffic but recommended that sidewalks should be provided along the proposed development frontages of Head Street, Gore Street and Lyall Street.
Based on this assessment, staff are confident that this revised 73 unit, commercial mixed use proposal would not result in any material changes to these recommendations.
Fit with Neighbourhood: The West Bay Triangle lands are located within a predominantly low rise neighbourhood consisting of a mix of commercial properties, single and two family residential homes, a marine community, and military uses including training facilities and housing. The exception to the established low rise built environment is the DND “Accommodations” building located at Work Point to the south of the subject properties. This building is approximately 7-storeys [22 metres] in height and commands a substantial presence in the area due to the combination of height and massing of the building.
Should this rezoning application be approved, the West Bay Triangle would integrate into the existing urban fabric by complimenting the DND Accommodations building while presenting a 2-storey built form sympathetic to the existing residential and commercial buildings along Gore Street and Head Street.
The current Land Use Designation of properties adjacent to the West Bay Triangle site include Commercial Mixed-Use for lands to the east, adjacent to the water, Park and Open Space for Captain Jacobson Park and Townhouse Residential for properties on the north side of Gore Street and the south side of Paradise Street. Based on these land use designations, it is not unreasonable to expect some of these properties adjacent to the proposed West Bay Triangle building to redevelop in the future. The recently approved West Bay Neighbourhood Design Guidelines also support more intensive redevelopment of the Commercial Mixed-Use designated properties in West Bay.
Official Community Plan
The current Esquimalt Official Community Plan contains policies and statements relevant to the West Bay Triangle proposal under the following broad categories:
General Land Use and Development Objectives: The Township encourages a mix of land uses that facilitate multiple modes of transportation and reduce non-essential trips by private motor vehicles.
Commercial Mixed Land Use: The Township encourages mixed-use projects in areas designated Commercial Mixed-Use, generally up to 12-storeys in height with a Floor Area Ratio of 3.0, but limited to 6-storeys in the West Bay Neighbourhood. The Township encourages the provision of local amenities including street furniture, artworks and decorative lighting in commercial areas as well as the provision of cycling amenities such as end of trip facilities for employees, lockers, and secure bicycle storage in addition to general bicycle parking integrated into the development.
Public Art: The Township encourages the private sector to include artworks in new and existing developments.
Smart Design and Construction: The Township encourages the use of sustainable technology in the design of all new buildings, encourages design teams to achieve LEED or equivalent rating and encourages the incorporation of Crime Prevention through Environmental Design [CPTED] principles and measures in new projects.
Parking: The Township will explore further opportunities for on and off street public parking in the vicinity of West Bay waterfront so as to ensure that local residential streets are not overburdened by West Bay’s commercial uses
Utilities: The Township will require underground wiring for hydro, street-lighting, telecoms and cable for all new subdivisions and infill development in Esquimalt.
Stormwater, Sewer Systems and Source Pollution: The Township will require intervening /mitigating measures such as oil traps for development proposal adjacent to or near the water to preserve or rehabilitate shoreline habitat.
Economic Development: The Township supports expansion and commercial waterfront development around West Bay Harbour, provided it is planned to be compatible with adjacent residential areas.
Keep Urban Settlement Compact - Regional Growth Strategy [RGS]: The RGS encourages densification through a combination of infill and redevelopment to higher densities particularly for areas near transit corridors.
West Bay Neighbourhood Design Guidelines
As a direct result of the controversy surrounding previous development proposals on the subject properties, Esquimalt Council directed staff to coordinate the creation of the West Bay Neighbourhood Design Guidelines. This document was to be created including input from local residents, business owners, staff, planners, developers and architects to create a vision for West Bay as well as guidelines for achieving this vision to ensure new development enhances West Bay’s unique character.
Staff engaged a consulting group and the guidelines were crafted via a collaborative and iterative process through the spring and summer of 2015. Esquimalt Council received and endorsed the West Bay Neighbourhood Design Guidelines on November 16, 2015.
The West Bay Triangle development proposal has been specifically tailored to address these guidelines resulting in an application that is consistent with the West Bay Neighbourhood Design Guidelines with the notable exception of orienting the tallest portion of the building east to west as opposed to the recommend orientation of north to south. The applicant has provided a detailed shadow analysis that indicates the proposed design is superior in mitigating shadowing than any alternatives. As shadow casting was identified as a major concern for local residents during the public consultation process of the West Bay Neighbourhood Design Guidelines, the applicant has chosen to proceed with the design as presented.
ISSUES:
1. Rationale for Selected Option
This application is consistent with the Land Use Designation assigned to the subject property and the policy direction contained within the OCP for Commercial Mixed-Use development. The proposal is consistent with the West Bay Neighbourhood Design Guidelines approved by Council to steer development within the West Bay area. Both the APC and the DRC have recommended support of this application, complementing the applicant on the creative approach to redevelopment of these lands. The applicant has provided evidence of engagement with Esquimalt residents and the feedback provided and received by staff has been overwhelmingly positive.
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 an Esquimalt Green Building Checklist [Schedule D]. Notably, the applicant is proposing to provide a substantial amount of storage/ parking for multiple modes of transportation in excess of the minimum parking requirements including motorcycles and scooters, electric scooters and electric bicycles. This development proposal also includes110 bicycle lockups, consistent with OCP policy, and dedicated electric car charging spaces within the parking garage.
5. Communication & Engagement
As this is a rezoning application, should it proceed to a Public Hearing, notice would be mailed to tenants and owners of properties located within 100 metres (328 ft) of the subject properties. Notice of the Public Hearing would be placed in two editions of the Victoria News and a sign indicating that the property is under consideration for a change in zoning that has been in place since 2014 would be updated to show the date, time and location of the Public Hearing.
As required by the Township’s Development Application Procedures and Fees Bylaw, 2012, No. 2791, the applicant delivered notices to properties and marina clients located within 100 m of the subject property soliciting comments and inviting residents to attend a Public Open House to hear about the proposal, review the drawings, and provide comments. This meeting was held from 7pm to 9pm on Wednesday, February 17, 2016 at St. Peter’s Parish Hall located at 1379 Esquimalt Road. The applicant’s architect has provided a letter summarizing the attendance and feedback received at this meeting [Schedule G].
ALTERNATIVES:
1. Council read Bylaw No. 2873 a first and second time, and direct staff to schedule a Public Hearing.
2. Council postpone consideration of Bylaw No. 2873 pending receipt of additional information.
3. Council deny first and second reading of Bylaw No.2873.