REQUEST FOR DECISION
DATE: December 11, 2018 Report No. DEV-18-089
TO: Laurie Hurst, Chief Administrative Officer
FROM: Janany Nagulan, Planner & Bill Brown, Development Services Director
SUBJECT:
Title
Development Permit - 485 Head Street
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RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000109 [Appendix A] permitting the construction of an accessory building to be used as an art studio consistent with architectural drawings prepared by James Kerr Architect stamped “Received August 24, 2018” and as sited on Certified B.C. Land Survey prepared by Glen Mitchell Land Surveying Inc. stamped “Received August 30, 2018” be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 485 Head Street [PID: 002-376-059, Lot A, Section 11, Esquimalt District, Plan 26678].
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RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective
BACKGROUND:
Appendix A: DP000109
Appendix B: Architectural Drawings and Land Survey
Appendix C: Comparison of Proposal to Official Community Plan Development Permit Area Guidelines
Appendix D: Air Photo and Subject Property Map
Appendix E: Green Building Checklist
Purpose of the Application
The applicant is proposing an accessory building to be used as an art studio on the property which is zoned West Bay Commercial 2 [C-7A]. The subject property is within six (6) OCP Development Permit Areas therefore a Development Permit is required before a Building Permit could be issued.
Context
Applicant: Deborah Douez
Owner: Deborah Douez & Elizabeth Corcoran
Property Size: Metric: 584.7 m2 Imperial: 6293.68 ft2
Existing Land Use: Tourist Accommodation
Surrounding Land Uses:
North: Single Family Dwelling
South: Commercial
West: Vacant
East: Park
Present OCP Designation: Neighbourhood Commercial Mix-Use
Proposed OCP Designation: Neighbourhood Commercial Mix-Use
Zoning: West Bay Commercial 2 [C-7A]
Zoning
The proposed development of an accessory building on the site is in compliance with the Zoning Bylaw, 1992, No. 2050.
Official Community Plan
Development Permit Guidelines
The subject property is within six OCP Development Permit Areas:
• Development Permit Area No. 1- Natural Environment
• Development Permit Area No. 2- Protection of Development From Hazardous Conditions
• Development Permit Area No. 4- Commercial
• Development Permit Area No. 7- Energy Conservation and Greenhouse Gas Reduction
• Development Permit Area No. 8- Water Conservation
• Development Permit Area No. 11- West Bay
The applicant has addressed those Official Community Plan guidelines applicable to the development [Appendix C].
Summary
OCP Section 18 Development Permit Area No.1- Natural Environment
The applicant has stated that the existing landscaping, mature garden and soil will be retained with the exception of one Laurel shrub that will be removed.
Staff has recognized that due to the location and size of the accessory building that stormwater management maybe request at the building permit stage. The Applicant has stated that rainwater would be directed to a ground storage (rock pit) however staff has suggested that the applicant supplement the storage with a rain barrel.
OCP Section 24 Development Permit Area No. 7 - Energy Conservation & Greenhouse Gas Reduction
Within Development Permit Area 7 skylights are discouraged as they decrease the insulating values. The proposed accessory building is to be used as an art studio and the skylight will be used as a natural light source.
OCP Section 25 Development Permit Area No. 8 - Water Conservation
The applicant is in compliance with the applicable guidelines.
OCP Section 28 Development Permit Area No. 11- West Bay
Staff determined that Development Permit Area No. 11 West Bay Guidelines are not applicable to this specific development as it is an accessory building. The accessory building is being constructed with minimal impact to the existing landscaping and designed to be respectful of neighbouring properties and have minimal visual impact on the surrounding areas.
Comments from Other Departments
Engineering Services: With the preliminary review, the Engineering staff has stated that the proposed accessory building will not have an impact on Engineering aspect of this property.
Community Safety Services (Building Inspection): Project will be subject to review for current BC Building Code and municipal bylaw compliance at the time of a Building Permit application.
Parks Services: A tree cutting permit application must be completed for all trees to be removed. Application must be approved prior to any removal. Tree protection fencing must be erected at the dripline, for all trees that are being retained, including boulevard trees.
Fire Services: No objections.
Green Building Features
The applicant has completed the Esquimalt Green Building Checklist [Appendix E].
Comments from the Advisory Planning Commission [APC]
The application was considered at the regular meeting of the APC held on September 25, 2018. The Esquimalt Advisory Planning Commission passed a motion that the application for a Development Permit, authorizing construction of an accessory building to be used as an art studio as per architectural plans prepared by James Kerr Architect, stamped “Received August 24, 2018” and BC Land Surveyor Site Plan prepared by Glen Mitchell Land Surveying Inc. stamped “Received August 30, 2018”, for the property located at 485 Head Street [PID: 002 - 376-059, Lot A, Section 11, Esquimalt District, Plan 26678] be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve; as the proposed development is a good fit for the neighbourhood and a good use of the land.
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission has recommended approval of this application. The accessory building is being constructed with minimal impact to the existing landscaping and designed to have minimal visual impact on the surrounding areas.
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
This Request for Decision represents minimal sustainability and environmental implications.
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. DP000109 be approved, and staff be directed to issue the permit and register the notice on the title of the property located at 485 Head Street [PID: 002-376-059, Lot A, Section 11, Esquimalt District, Plan 26678].
2. That Council resolves that Development Permit No. DP000109 be amended and approved as amended, and staff be directed to issue the permit and register the notice on the title of the property located at 485 Head Street [PID: 002-376-059, Lot A, Section 11, Esquimalt District, Plan 26678].
3. That Council deny Development Permit No. DP000109.