REQUEST FOR DECISION
DATE: March 23, 2022 Report No. DEV-22-026
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit Application - 624 Admirals Road
End
RECOMMENDATION:
Recommendation
That Council approves Development Permit No. DP000171 [Appendix A] for renovations to an existing building for use as a restaurant, consistent with the architectural plan by Steller Architectural Consulting, stamped “Received March 25, 2022” and staff be directed to issue the permit and register the notice on the title of the property located at PID 006-463-312, Lot 154, Suburban Lot 43, Esquimalt District, Plan 2854 [624 Admirals Road].
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
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:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan
BACKGROUND:
Appendix A: DP000171
Appendix B: Aerial Map
Appendix C: Architectural Drawings and Site Plan
Appendix D: Applicant’s Comments for Development Permit Area Guidelines
PURPOSE OF APPLICATION:
The applicant is proposing to renovate the existing building for use as a restaurant.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 4 - Commercial, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation. 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. The development permit is required prior to a building permit being issued for the construction of a structure.
Evaluation of this development permit 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 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.
CHRONOLOGY:
November 17, 2021 - Development Permit application received
January 12, 2022 - Design Review Committee
March 21, 2022 - Council requests that the site plan be amended to correspond better to the development permit guidelines of the Township’s Official Community Plan
CONTEXT:
Applicant / Designer: Steller Architectural Consulting [Eddie Williams]
Owner: JRK Investment Management Inc., Inc.No. C0906022
Property Size: Metric: 763 m2 Imperial: 8215 ft2
OCP Land Use Designation: Commercial / Commercial Mixed-Use
Zone: C-3 [Core Commercial]
Existing Land Use: Commercial
Proposed Land Use: Commercial
Surrounding Land Uses:
North: Multiple Family Residential
South: Congregate Care Senior Citizens’ Apartment
East: Multiple Family Residential
West: Multiple Family Residential
OCP ANALYSIS:
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 4 - Commercial, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation. The guidelines of these Development Permit Areas are contained within the Esquimalt Official Community Plan Bylaw, 2018, No. 2922.
As Council is required to consider all the Official Community Plan guidelines from these Development Permit Areas in evaluating this application, the applicant has submitted a document addressing these guidelines.
Development Permit Area No. 1 is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.
OCP Section 18.5.2 Natural Features
There are no native trees and vegetation on the subject property.
OCP Section 18.5.3 Biodiversity
Landscaping is proposed to be provided along the front and south side property line.
OCP Section 18.5.4 Natural Environment
The new external lighting fixtures will be International Dark-Sky Association approved. They will be strategically located to avoid light spillage onto adjacent properties.
OCP Section 18.5.5 Drainage and Erosion
Most of the site will remain as it is currently.
Development Permit Area No. 4 is designated for the purposes of establishing objectives for the form and character of commercial development.
OCP Section 21.5 Commercial Guidelines
The façade faces the street, and the doors open onto the street side with a proposed canopy over the main entry. There is a pedestrian walkway from the street to the entrance on the north part of the site.
Development Permit Area No. 7 is designated for the purposes of energy conservation and greenhouse gas reduction.
OCP Section 24.5.1 Siting of buildings and structures
The applicant is proposing to renovate the existing building with no new structures.
OCP Section 24.5.3 Landscaping
The applicant is proposing strips of landscape as the site consists mostly of hardscape.
OCP Section 24.5.4 Machinery, equipment and systems external to buildings and other structures
The building will use its existing heating system.
OCP Section 24.5.5.Special Features
The applicant will use durable building materials.
Development Permit Area No. 8 is designated for the purpose of water conservation.
OCP Section 25.5.1.Building and Landscape Design
The site consists mostly of hardscape with two strips of landscaping.
ZONING ANALYSIS:
The principal building does not conform to Zoning Bylaw, 1992, No. 2050; however, it is legally non-conforming. The proposed restaurant use is permitted on the subject property.
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1 space per 5 seats with a minimum of 1 space per 14 m2 of gross floor area.
This proposal incorporates 12 parking spaces to serve 157.9 m2 of restaurant floor area. Based on the floor area of the restaurant, 12 parking spaces are required. The amount of parking proposed conforms to the Parking Bylaw.
COMMENTS FROM THE DESIGN REVIEW COMMITTEE:
This application was considered at the regular meeting of the Design Review Committee held on January 12, 2022. Members had concerns regarding sparse landscaping, the excessive parking, and the lack of seating area.
The Design Review Committee resolved that the application be forwarded to Council with a recommendation of denial as:
• The landscape plan is undeveloped.
• There is too much hardscape.
• Additional plantings including a large canopy tree would be desirable.
• There is a lack of amenity seating area surrounded by soft landscape.
In response to the comments from the Design Review Committee, the applicant added an outdoor dining area, a row of evergreen shrubs to the southern interior lot line, and two maple trees to the south of the outdoor dining area.
COMMENTS FROM COUNCIL:
This application was considered at the regular meeting of Council on March 21, 2022.
Council’s comments included:
• Lack of pedestrian access from Admirals Road.
• Lack of landscaping.
• Lack of bicycle parking.
In response to Council’s comments, the applicant added a pedestrian pathway on the north part of the property. Moreover, the applicant increased the landscaping by adding cedar trees to both the northwest and southwest of the property. The applicant also added a picnic bench and increased the amount of vegetation lining Admirals Road.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
Building to be constructed to requirements of BC Building Code and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a building permit application.
Engineering Services:
Engineering staff has no concerns with this application.
Parks:
Parks staff has no concerns with this application.
Fire Services:
The fire department have the following recommendations:
• Provide additional emergency lighting to light egress paths from the most remote points of the business to the exit door (water closet, electrical room, storage area, walk in cooler, and walk in freezer)
• Ensure fire extinguishers are provided and located with a maximum travel distance of 75’
• Provide a K Class fire extinguisher for the deep-frying operations
• Ensure that all grease-producing appliances are located under a Class I hood/suppression system as per NFPA 96
• Ensure that all steam producing appliances are located under a Class II hood for ventilation (at a minimum) as per NFPA 96
• Mechanical engineer to ensure air balancing compliance
• A functional demonstration of the cooking system will be required before occupancy.
ISSUES:
1. Rationale for Selected Option
The renovation of the existing building is generally consistent with the development permit area guidelines where applicable and feasible. Moreover, the applicant has amended the site plan to include a pedestrian pathway, bicycle parking and additional vegetation.
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 has little 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 approves Development Permit No. DP000171, and staff be directed to issue the permit and register the notice on the title of the property.
2. That Council denies Development Permit No. DP000171 with reasons.