REQUEST FOR DECISION
DATE: March 27, 2019 Report No. DEV-19-028
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit Application - 1109 Lyall Street End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000115 [Appendix A] authorizing the form and character of the proposed development of a new two-family dwelling behind the existing dwelling, sited in accordance with the BCLS Site Plan prepared by Powell & Associates, BC Land Surveyors, consistent with the architectural plans prepared by Zebra Design, both stamped “Received December 17, 2018”, and the landscape plan prepared by LADR Landscape Architects, stamped “Received March 27, 2019”, for the development to be located at 1109 Lyall Street [PID 006-001-009; Amended Lot 3 (DD 148436I), Section 11, Esquimalt District, Plan 4729] be approved, and staff be directed to issue the permit (subject to receipt of the required landscape security), and register the notice on the title of the subject property.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
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:
Appendix A: DP000115 - 1109 Lyall Street
Appendix B: Air Photo and CD No. 111
Appendix C: DP Area Guidelines and Green Building Checklist
Appendix D: Architectural Drawings, Landscape Plan, Colour Scheme, Core Gravel©
Purpose of the Application
The applicant is proposing a strata development where the existing single family dwelling is retained and a new two-unit dwelling (duplex) is added to the property. Comprehensive Development District No. 111 of Esquimalt Zoning Bylaw 1992, No. 2050 has been written to regulate this development [Appendix B].
This site is located within four Development Permit Areas [DPA]: No. 1 - Natural Environment, No. 3 - Enhanced Design Control Residential, No. 7 - Energy Conservation and Greenhouse Gas Reduction, and No. 8 - Water Conservation.
A development permit is required to ensure that the proposal is generally consistent with the DPA guidelines contained within the Esquimalt Official Community Plan Bylaw, 2018, No. 2922, and is required prior to a building permit being issued for the construction of a structure.
Evaluation of this 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 DPA guidelines. In addition, evaluation should focus on natural environment protection, energy conservation, greenhouse gas reduction, and water conservation in relation to the relevant DPA guidelines.
Context
Applicant: Kim Colpman, Large and Co.
Owner: Datatech Developments Inc., Inc. No. BC0060270
Designer: Rus Collins, Zebra Design
Property Size: Metric: 949 m2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
West: Two Family Residential
East: Single Family Residential and Two Family Residential
Zoning: Comprehensive Development District No. 111 [CD No. 111]
OCP Proposed Land Use Designation: Low Density Residential
Zoning and Parking
The following chart summarizes many of the requirements contained within the Comprehensive Development District No. 111 zone [Appendix B].
Official Community Plan [OCP]
As Council is required to consider all of the Official Community Plan Bylaw, 2018, No. 2922 guidelines from the Development Permit Areas in evaluating a DP application, the applicant has submitted a document addressing these guidelines [Appendix C].
OCP Section 18 - Development Permit Area No. 1 - Natural Environment
18.5.1 Lands Free of Development
This site is well away from local waterways so these guidelines are not applicable.
18.5.2 Natural Features
This site currently has limited natural features. It is a flat site where no change in topography is required for the new building. One existing tree on the property is being retained.
OCP Section 18.5.3 Biodiversity
The mix of ornamental vegetation and a few native species are being proposed for this development. There is potential to offer greater habitat benefits with the use of more local native species. The addition of a larger native tree could be a benefit to the area. Native soil that can be saved on site would assist with the successful establishment of introduced plant species.
OCP Section 18.5.4 Natural Environment
The proposed increase in vegetation will contribute to a positive urban environment buffering noise levels and absorbing air pollution from traffic. Outdoor lighting will be located on the building by the entrances.
OCP Section 18.5.5 Drainage and Erosion
The addition of larger conifer species, where feasible, would contribute further towards absorption of precipitation in winter months.
OCP Section 18.5.7 Native Bird Biodiversity
The proposed mix of species types and sizes should help support the goal of increasing habitat for native bird populations. Further use of native trees could add to vertical habitat availability for birds.
OCP Section 19 - Development Permit Area No. 2 - Hazardous Conditions [Tsunami]
This site appears to not be included within the latest identified tsunami inundation area.
OCP Section 20 - Development Permit Area No. 3 - Enhanced Design Control Residential Guidelines
20.5 Duplex Housing
Some articulation at the front of the building has limited the visible massing seen from street. Hydro and other utility connections to the new duplex will be required to be installed underground. The Core Gravel® paving proposed for the new driveway does raise concerns, as gravel has never been considered a dust free material; as required in Parking Bylaw, 1992, No. 2011. Over time gravel migrates onto roads and sidewalks and then bare dirt is exposed.
The applicant has provided literature to support the use of the geotextile membrane, reinforced gravel surface, Core Gravel© [Appendix D], which is tamped into place. The material has been accepted in some other jurisdictions for its permeability. Staff have identified the following concerns with this product: a warranty of only five years, the geotextile material has been known to dislodge in driveway applications, with time some gravel will still migrate from it, it would be a challenging surface for bicycles and strollers to navigate, eventually the plastic material will deteriorate and break into pieces.
The applicant has volunteered a concrete driveway as an alternative, and has proposed a concrete apron by the road and a concrete walking path along the west side of the driveway [Appendix D - ‘Landscape Concept Plan’]. Concrete is not without issues as it is not permeable, and is considered to have a fairly large carbon footprint over the short-term.
20.6 Single-unit Infill Housing
In this instance the infill building is a two unit building.
OCP Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction
24.5.1 Siting of buildings and structures
Site layout was determined with the rezoning application.
24.5.2 Form and exterior design of buildings and structures.
In our increasingly warm climate the limiting of and screening of southern exposures could be seen as desirable. Since the APC meeting the applicant has added one Pacific Sunset Maple, that could grow to about 30 feet tall at maturity, and which would help shade the southern side of building, helping with summer cooling of the building and backyard.
24.5.3 Landscaping
The Landscaping Concept Plan appears to largely meet the intent of the majority of the guidelines in this section while balancing the needs for on-site parking. The further addition of some larger trees could be a benefit to residents and the neighbourhood.
24.5.4 Machinery, equipment and systems external to buildings and other structures
Outdoor lighting plan would be only on the buildings. Heat pumps and/or other available energy saving heating and cooling systems would be a benefit.
24.5.5 Special Features
Wood and ‘Hardi’ panel/plank materials are being proposed for exterior of the new building.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation
25.5.1 Building and Landscape Design
There is no indication that stormwater will be captured at any location, and of any quantity, though there are permeable areas proposed.
25.5.2 Landscaping - Select Plantings for Site and Local Conditions
It appears that site conditions have been considered in the choice of plantings.
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping)
Proposed landscaping includes two trees, and plantings will absorb and help the soil to hold moisture through shading.
25.5.4 Landscaping - Water features and Irrigation systems
Canadian Landscape Standard and BCSLA Landscape Standard are equivalent. An irrigation system is proposed.
Comments from Other Departments
The plans for this proposal were circulated to other departments and the following comments were received:
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.
Engineering Services: Engineering staff have completed a preliminary evaluation of Works and Services that would be required for the proposed development. According to Subdivision and Development Control Bylaw, 1997, No. 2175, including all schedules, the developer may be required to provide all works and services up to the road centre line. Staff confirms that the design appears achievable on the site and that appropriate works and services are available in the immediate area. The applicant is responsible for retaining the services of a qualified professional for the design and construction supervision of all works and services, including construction costs, engineering fees, administrative costs and contingency allowance, as indicated in Bylaw 2175. Additional comments provided when detailed engineering drawings submitted.
Parks Services: Tree protection fencing will need to be erected at the dripline for all trees, including the boulevard tree and possibly the neighbour’s trees. Tree cutting permits are required for all trees that may be removed.
Fire Services: No concerns with this proposal.
Recommendation from the Advisory Planning Commission [APC]
The APC considered the application on February 19, 2018 and made the following motion:
That the application for a Development Permit authorizing the form and character of the proposed development of a new two-family dwelling (duplex) to be constructed behind the existing single family dwelling, sited in accordance with the BCLS Site Plan prepared by Alan Powell, Powell & Associates, BC Land Surveyors, is consistent with the architectural plans prepared by Zebra Design, and the landscape plan prepared by LADR Landscape Architects, all stamped “Received December 17, 2018” be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve; as the proposal addresses concerns from a previous APC meeting and is a good addition to the neighbourhood.
Note: Since the APC meeting the applicant added a tree to the landscaping, and increased the edging and apron on the driveway to help control the gravel.
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission has recommended approval. This proposal has the potential to add two new family housing units. It should be noted that the driveway material (Core Gravel©) has not been tested over a long time period in this climate so issues such as repair and replacement cycles are not known.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
The applicant has completed the Esquimalt Green Building Checklist [Appendix C].
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. DP000115 [Appendix A] be approved, and staff be directed to issue the permit (subject to receipt of the required landscape security and consolidation of the lots) and register the notice on the title of the property.
2. That Council deny Development Permit No. DP000115 [Appendix A], with reasons.