REQUEST FOR DECISION
DATE: March 15, 2017 Report No. DEV-17-019
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner
SUBJECT:
Title
Development Permit, “West Bay Triangle”,
a. PID 001-843-991 Lot 8, Block H, Section 11, Esquimalt District,
Plan 292 [468 Head Street],
b. PID 006-720-439, Lot 5, Block H, Section 11, Esquimalt District, Plan 292 [470 Head Street],
c. PID 000-036-722, Lot 4, Block H, Section 11, Esquimalt District, Plan 292 [472 Head Street],
d. PID 009-175-024, Lot 1, Block H, Section 11, Esquimalt District, Plan 292 [515 Gore Street],
e. PID 009-175-016, Lot 2, Block H, Section 11, Esquimalt District, Plan 292 [509 Gore Street],
f. 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],
g. 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],
h. PID 009-175-008, Lot 6, Block H, Section 11, Esquimalt District, Plan 292 [918 Lyall Street], and
i. PID 009-174-885, Lot 7, Block H, Section 11, Esquimalt District, Plan 292 [912 Lyall Street].
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000080, attached as Schedule A to Staff Report DEV-17-019, respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of the six storey, commercial and residential mixed use building containing ground floor commercial space oriented toward Head Street and 73 residential units detailed on architectural plans provided by Hillel Architecture, stamped “Received March 14, 2017”, and the landscape plan prepared by Small and Rossell Landscape Architects, stamped “Received March 14, 2017”, and sited as detailed on the survey plan prepared by prepared by McIlvaney Riley Land Surveying Inc., stamped “Received February 8, 2017”, be approved, and staff be directed to issue the permit, subject to receipt of the required landscape security, and register the notice of permit on each of the following parcels:
a. PID 001-843-991 Lot 8, Block H, Section 11, Esquimalt District,
Plan 292 [468 Head Street],
b. PID 006-720-439, Lot 5, Block H, Section 11, Esquimalt District, Plan 292 [470 Head Street],
c. PID 000-036-722, Lot 4, Block H, Section 11, Esquimalt District, Plan 292 [472 Head Street],
d. PID 009-175-024, Lot 1, Block H, Section 11, Esquimalt District, Plan 292 [515 Gore Street],
e. PID 009-175-016, Lot 2, Block H, Section 11, Esquimalt District, Plan 292 [509 Gore Street],
f. 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],
g. 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],
h. PID 009-175-008, Lot 6, Block H, Section 11, Esquimalt District, Plan 292 [918 Lyall Street], and
i. PID 009-174-885, Lot 7, Block H, Section 11, Esquimalt District, Plan 292 [912 Lyall Street].
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Parking Bylaw, 1992, No. 2011.
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Purpose of the Application
The applicant is proposing to construct a the six storey, commercial and residential mixed use building containing ground floor commercial space oriented toward Head Street and 73 residential units on a consolidation of nine subject properties to be regulated by Comprehensive Development District No. 98 [CD-98].
This site is located within Development Permit Area No. 2 - Commercial; therefore a development permit is required to ensure the application is generally consistent with the design guidelines contained in Section 9.4 of the Township’s Official Community Plan [Schedule B]. This application must also be evaluated for consistency with the West Bay Neighbourhood Design Guidelines [Schedule B] as Esquimalt Council endorsed this policy direction for West Bay on November 16, 2015.
Evaluation of this application should focus on issues respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures in relation to the relevant design guidelines.
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]
Timelines:
February 9, 2017 First Design Review Committee meeting.
March 6, 2017 Council adopts Bylaw 2873 - CD-98 Zone
March 8, 2017 Second Design Review Committee meeting.
Schedules:
A Development Permit No. DP000080;
B OCP Development Permit Guidelines, Site Context Information, West Bay Neighbourhood Design Guidelines;
C Bylaw No. 2873 - CD-98 zone
D Architect’s Response to DRC - March 15, 2017
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 at time of Building Permit application.
Fire Services: Fire Services staff have completed a preliminary evaluation of the proposed new building and offer no objections at this time. Detailed additional comments will be provided as part of the consideration of the Building Permit 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 to 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.
Parks Services: Parks staff have completed a review of the proposed on-site and off-site landscaping and have no concerns with the planting plan. Tree protection for the Plum trees and the Garry Oak tree scheduled for retention should be put in place prior to any demolition or construction activity beginning on the site. Tree Removal Permits will be required for the removal of protected trees and municipal boulevard trees.
Comments from Design Review Committee [DRC]
This application was originally considered at the regular meeting of DRC held on February 9, 2017. Members’ comments were generally supportive of this proposal with members stating the design was beautiful, with lovely detailing of the building facades and excellent choices for cladding materials. A member noted the provision of surface parking is not consistent with the West Bay Neighbourhood Design Guidelines and that it would be desirable to see that space used as a park. Members indicated that consideration should be given to enclosing the central triangular portal above the parking courtyard and using it as green space. Members were united in their desire to see street trees added to the site plan and landscape plan.
The DRC recommended that the application be returned to the Design Review Committee with an amended design that addresses the following:
1. consideration be given to eliminate the surface parking;
2. the landscape plan be amended to include additional street trees; and
3. consideration be given to enclosing the triangle portal down to the parking garage to allow for enhanced green space within the triangle area.
The Reason: The proposal is inconsistent with the West Bay Neighbourhood Design Guidelines.
This application was reconsidered at the regular meeting of DRC held on March 8, 2016. In response to the original DRC motion the applicant provided a revised set of drawings, stamped “Received March 2, 2017” which included a refined site plan and landscape plan detailing notable changes to the public realm treatment on all three frontages of the site. The treatment of public realm of Head Street has been enhanced by the inclusion of street trees and an unimpeded 2.0 metre wide public sidewalk while Gore Street also benefitted from the addition of street trees and an expanded boulevard on the southwest end of the frontage adjacent to the transit stop. Particular attention was paid to the Lyall Street frontage where the sidewalk was repositioned interior to a substantial boulevard containing street trees and additional screening was added to better shield the surface parking area. This change was a result of collaboration between the architect and Esquimalt staff that revealed additional area was available in the public realm to achieve a treatment more consistent with that contained in the West Bay Neighbourhood Design Guidelines.
Improvements to the public realm enhanced the screening treatment of the surface parking located at the west end of the site. Members noted that the surface parking remained inconsistent with the guidelines but indicated appreciation for the effort to improve the aesthetic of this area. A member noted that the surface material was proposed to be asphalt and indicated that the large surface would be improved with a different material treatment.
The applicant also included a proposal to screen the triangle portal to the parking area with a series of triangular sails. Members commented of the technical and practical difficulties of such an installation, raising concern regarding ongoing maintenance and eventual replacement cost of this feature.
The DRC recommended that the application be be forwarded to Council with a recommendation for approval with the following conditions:
That the applicant:
1. consider alternative materials to ‘soften’ the western parking lot surfacing; and
2. consider fully, or at least partially, enclosing the triangle opening to the parking garage and include this area as usable courtyard space. DRC encourages the applicant to work with staff to address zoning issues and any other obstacles to realizing this design change.
The reason: Enclosure of this opening would strengthen the access for residents to meaningful outdoor amenity space.
In response this motion, the applicant has provided another revised set of plans stamped “Received March 14, 2017”. The applicant’s architect explored alternatives to screening the triangle portal opening to the parking area and determined that a series of stainless steel cables installed in an intersecting pattern over the opening for the purpose of supporting vines that will beautify and screen the opening when viewed from above achieves the desired outcome. This solution allows for the technical requirements of the design to be retained while providing a cost effective sustainable screen.
In addition to the changes to the portal screening, the applicant has committed to installing unit pavers over the surface of the grade level parking area, in lieu of asphalt.
The applicant’s architect responded to the DRC recommendation via a letter, stamped “Received March 15, 2017” [Schedule D] detailing the reasoning for the proposed design changes. The applicant requested that, notwithstanding the DRC recommendation to enclose the triangular portal, this Development Permit application proceed to Council for consideration.
Zoning
CD-98 zoning was specifically tailored to accommodate this proposal. The proposed design is consistent with the form and character presented supporting the rezoning application and the building height, massing, density, siting and parking requirements satisfy all of the CD-98 zone regulations outlined in Amendment Bylaw No. 2873 [Schedule C].
Official Community Plan
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 one to three storey 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.
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 to a modestly higher density than is present today.
Policy direction contained in the Esquimalt Official Community Plan was reviewed by staff and presented to Council as part of the consideration of the rezoning application. Official Community Plan, Section 9.4.5, Guidelines for Owners of Land within the Development Permit Area No. 2 - Commercial is specifically relevant to consideration of this Development Permit Application [attached].
OCP Section 9.4.5(a) supports windows facing the street and doors opening onto the street. This is consistent with the proposed design.
OCP Section 9.4.5(b) supports ornamental lighting highlighting the building and lighting pedestrian area while avoiding the casting of glare or direct light onto adjacent sites. The drawing package does not specifically detail the lighting plan however the proposed design could accommodate glass and lighting consistent with this policy.
OCP Section 9.4.5(c) supports building design that limits the casting of shadows on public space. At six storeys in height, the proposed building casts shadows that affect the subject lands, Gore Street and Head Street; however, these shadows do not rest in any one area for prolonged periods. During the summer months the shadow impacts are significantly reduced as they are almost entirely contained on the subject lands as detailed in the drawing package.
OCP Section 9.4.5(d) supports canopies covering pedestrian walkways. The proposed design includes generous 3 metre deep canopies over the sidewalk on Head Street to create a covered transitional space between the indoor uses and the outdoor public realm.
OCP Section 9.4.5(e) supports screened or underground parking be provided. If surface parking is proposed it should be screened with landscaping. The proposed design addresses this guideline as all parking is screened within the building with the exception of 12 spaces near the intersection of Lyall Street and Gore Street which are wrapped in landscape screening.
OCP Section 9.4.5(f) supports the inclusion of Crime Prevention through Environmental Design principles in any project. The proposed design is well lit with good connectivity to the public street and resident overlook onto internal courtyard areas.
OCP Section 9.4.5(g) supports decreased setbacks where appropriate. This proposal maintains generous setbacks in order to create ample space in front of businesses for walking and the display of goods.
OCP Section 9.4.5(h) supports screening of garbage and recycling facilities. The proposal has these facilities contained within the building, accessed from the interior parking courtyard.
OCP Section 9.4.5(i) supports the retention of trees and habitat wherever possible. This proposal is a complete revitalization of the subject lands including a significant excavation for underground parking facilities. Accordingly the proposal has included the retention of only two trees on or abutting the site, both mature and both located outside the excavation area. It is noteworthy that the proposed landscaping and public realm plantings will increase the number of trees on the lands.
West Bay Neighbourhood Design Guidelines
The West Bay Triangle development proposal has been tailored to address the West Bay Neighbourhood Design Guidelines [Schedule B] resulting in an application that is, for the most part, consistent with these policies 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.
Development Services staff completed a review of the proposed design and note the following apparent inconsistencies to the West Bay Neighbourhood Design Guidelines:
Page 10, Bullet 4 - “Avoid locating off-street surface parking adjacent to active public streets and open spaces…”. The proposed design is consistent with this policy with the exception of the surface parking provided adjacent to Lyall Street near the Gore Street intersection. Staff note this parking area provides desirable visitor parking that has been approved by Council and secured via covenant as part of the rezoning of these lands. Staff also note that, in response to the DRC comments, substantial additional screening has been added to mitigate the impact of this feature consistent with current OCP policy.
Page 17, Bullet 2 - “Locating off-street surface parking in front of buildings,… immediately adjacent to the public sidewalk or open spaces……is strongly discouraged and should be avoided.” Once again, the proposed design achieves this policy when considered from Head Street and Gore Street; however, surface parking is provided adjacent to Lyall Street. Staff note that while a surface parking area is inconsistent with this policy, the parking area provides an intuitive destination for both commercial and residential visitors to the site and this aspect of the design has been approved by Council as part of the rezoning application.
Page 38 - The public sidewalk has been amended to achieve 2.0 metres of unimpeded width across the Head Street frontage and boulevard trees now co-exist with on-street parking spaces adjacent to the sidewalk. While sidewalk width is still less than the recommended 3.0 metres, staff acknowledge that the West Bay Triangle development incorporates a substantially larger setback than proposed in the guidelines and accommodates a separated, private realm, sidewalk 4.0 metres in width. Changes to the streetscape treatment along all three street frontages that revise tree placement from the back of sidewalk in the private realm to boulevard trees placed between the vehicular and pedestrian realms result in the proposed streetscape being generally consistent with that envisioned in the guidelines
Page 40 - Streetscape design envisioned for Lyall Street East is inconsistent with the established guidelines. Staff note the proposed design does not accommodate the conceptual two way separated bike lane and acknowledge that inclusion of this design feature in the public realm is premature at this time as further consultation with the community on this concept is required. The streetscape plan for Lyall Street has been revised to be consistent with that detailed for Lyall Street West including a boulevard complete with street trees that separates on-street parking from a more generous sidewalk.
ISSUES:
1. Rationale for Selected Option
The proposed building conforms to the CD-98 zoning regulations approved by Council to accommodate development specific to this site facilitating a building in the proposed form. The design remains consistent with that presented repeatedly to the public and to Council which has been widely supported. The DRC has recommended approval of the Development Permit as, with the exception of providing some surface parking the design is consistent with the West Bay Neighbourhood Design Guidelines.
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
Densification along transit routes is generally regarded as an important strategy in reducing greenhouse gas emissions from internal combustion engines. In addition, the proposed design includes desirable amenities such as ample dedicated bicycle lock up space, electric bicycle and scooter charge stations, and storm water capture for irrigation. Finally, density has been shown to be directly correlated with economic development - a key component of sustainability.
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 resolves that Development Permit No. DP000080, attached as Schedule A to Staff Report DEV-17-019, respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of the six storey, commercial and residential mixed use building containing ground floor commercial space oriented toward Head Street and 73 residential units detailed on architectural plans provided by Hillel Architecture, stamped “Received March 14, 2017”, and the landscape plan prepared by Small and Rossell Landscape Architects, stamped “Received March 14, 2017”, and sited as detailed on the survey plan prepared by prepared by McIlvaney Riley Land Surveying Inc., stamped “Received February 8, 2017”, be approved, and staff be directed to issue the permit, subject to receipt of the required landscape security, and register the notice of permit on each of the following parcels:
a. PID 001-843-991 Lot 8, Block H, Section 11, Esquimalt District,
Plan 292 [468 Head Street],
b. PID 006-720-439, Lot 5, Block H, Section 11, Esquimalt District, Plan 292 [470 Head Street],
c. PID 000-036-722, Lot 4, Block H, Section 11, Esquimalt District, Plan 292 [472 Head Street],
d. PID 009-175-024, Lot 1, Block H, Section 11, Esquimalt District, Plan 292 [515 Gore Street],
e. PID 009-175-016, Lot 2, Block H, Section 11, Esquimalt District, Plan 292 [509 Gore Street],
f. 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],
g. 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],
h. PID 009-175-008, Lot 6, Block H, Section 11, Esquimalt District, Plan 292 [918 Lyall Street], and
i. PID 009-174-885, Lot 7, Block H, Section 11, Esquimalt District, Plan 292 [912 Lyall Street].
2. Council denies approval of Development Permit DP000080 and gives reasons for doing so in order that the applicant can present a revised design that responds to the concerns of Council.