REQUEST FOR DECISION
DATE: April 27, 2016 Report No. DEV-16-029
TO: Laurie Hurst, Chief Administrative Officer
FROM: Trevor Parkes, Senior Planner
SUBJECT:
Title
Rezoning Application, 826 Esquimalt Road, PID 006-075-495, Lot 2, Section 11, Esquimalt District, Plan 4225End
RECOMMENDATION:
Recommendation
That Council resolves that Amendment Bylaw No. 2864, attached as Schedule ‘A’ to Staff Report DEV-16-029, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of PID 006-075-495, Lot 2, Section 11, Esquimalt District, Plan 4225 [826 Esquimalt Road] shown cross hatched on Schedule ‘A’ of Bylaw No. 2864, from RD-3 [Two Family/Single Family Residential] to CD No. 96 [Comprehensive Development District No. 96], be considered for adoption.
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
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 RD-3 [Two Family/ Single Family Residential] zone to Comprehensive Development District No. 96 [CD-96]. This change is required to accommodate the proposed 6 storey, 30 unit, multiple family residential building including a grade level podium structure containing a lobby, utility areas and a 22 space parking garage. The podium would extend to the north, west and east property lines but would maintain a 5.0 metre setback from the street while the 5 storey tower section would step modestly inward on the north, west and east sides thereby somewhat mitigating the perceived mass of the building. Two additional parking spaces dedicated to visitors are proposed to be located in front of the building bringing the total parking to 24 spaces.
This site is located within Development Permit Area No. 1 - Multi-Unit Residential. 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, 30 unit, multiple family residential building which would be considered by both the Design Review Committee and Council in the future.
Context
Applicant: Vanguard Projects Inc. [Mark Eraut]
Owner: Magenta Enterprises Ltd., Inc. No. BC0296034
Property Size: Metric: 924 m2 Imperial: 9944 ft2
Existing Land Use: Single Family Residence
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential/Commercial
West: Multiple Family Residential [4 storeys]
East: Multiple Family Residential [2 storeys]
Existing OCP Designation: Multi-Unit, High-Rise Residential
Existing Zoning: RD-3 [Two Family/Single Family Residential]
Proposed Zoning: CD-96 [Comprehensive Development District No. 96]
Schedules:
“A” Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2864;
“B” OCP Policies, Zoning and Site Context Maps of the subject property;
“C” Site Plan, Architectural Drawings, Shadow Analysis and BC Land Survey.
ISSUES:
1. Rationale for Selected Option
This application is consistent with the Land Use Designation assigned to the subject property and with much of the policy direction contained within the OCP for multi-unit residential development. The APC has recommended support of the application. It is notable that the DRC has raised concerns regarding the setbacks, massing, density and parking associated with this proposal. Noting these concerns, it is the opinion of staff that this application represents desirable investment in the 800 block of Esquimalt Road. This proposal would provide needed market housing in an area well served by transit and local commercial services and the applicant has agreed to parking mitigation measures to provide equivalent performance to the Township’s parking standard.
On February 1, 2016, upon closure of the Public Hearing, Council read Amending Bylaw No. 2864 a third time and directed staff to coordinate with the property owner to ensure a Section 219 covenant securing the provision of parking, consistent with that shown on drawings presented with the application, securing a commitment that tree protection will be provided pursuant to the Arborist Report presented with the application, and securing provision of a car share membership for each unit as well as provision of a car share vehicle, to be located at 826 Esquimalt Road, was registered against the property title prior to returning the Bylaw to Council for consideration of adoption.
Staff confirm that the applicant voluntarily executed a Section 219 covenant prepared by the Township’s solicitor that addresses the direction from Council. The Township’s solicitor completed registration of the Section 219 covenant and provided staff with confirmation in the form of an updated Title Search as well as a copy of the registered Section 219 covenant.
The applicant has been invoiced for all fees associated with the crafting and registration of this covenant.
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 committed to purchasing a car share vehicle to be located on site and provide memberships for each of the 30 units. The proposal also features 45 bicycle lockups consistent with OCP policy.
The applicant provided an Arborist Report indicating the building can be constructed while preserving the significant Garry Oak tree located on the neigbouring property to the north and the tree preservations conditions identified in the Report have been included in the Section 219 covenant registered against the property.
5. Communication & Engagement
As required by the Township’s Development Application Procedures and Fees Bylaw, 2012, No. 2791, the applicant delivered notices to properties 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 6pm to 8pm on November 23, 2015 at the Crow’s Nest Lounge in the Archie Browning Sports Centre. Only three local residents attended offering no objections to the plan and providing no written feedback.
As this is a rezoning application, notices were mailed to tenants and owners of properties located within 100 metres (328 ft) of the subject property on January 18, 2016. Notice of the Public Hearing was printed in the January 22th and January 27th editions of the Victoria News and the sign indicating that the property is under consideration for a change in zoning that has been installed on the Esquimalt Road frontage since November 2015 was updated to show the date, time and location of the Public Hearing.
The Public Hearing occurred as scheduled on February 1, 2016. Consistent with the requirements of the Local Government Act, Council has been provided no further communication regarding this application.
ALTERNATIVES:
1. That Council resolves that Amendment Bylaw No. 2864, attached as Schedule ‘A’ to Staff Report DEV-16-029, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of PID 006-075-495, Lot 2, Section 11, Esquimalt District, Plan 4225 [826 Esquimalt Road] shown cross hatched on Schedule ‘A’ of Bylaw No. 2864, from RD-3 [Two Family/Single Family Residential] to CD No. 96 [Comprehensive Development District No. 96], be considered for adoption.
2. Council rescinds third reading and directs staff to amend Bylaw No. 2864 to accommodate outstanding issues and return it to Council for further consideration, following a new Public Hearing as required by the Local Government Act.
3. Council defeats Bylaw No.2864.