REQUEST FOR DECISION
DATE: August 23, 2017 Report No. DEV-17-051
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner
SUBJECT:
Title
Development Permit and Development Variance Permit, 860 Esquimalt Road (“A&W”)
[PID 001-122-134, Lot A Section 11 Esquimalt District Plan VIP42081]
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000090 [Appendix A] authorizing the development and signage as shown on the architectural drawings and site plan prepared by James Kerr, Architect AIBC, all stamped “Received July 19, 2017” (attached as Schedule ‘A’), the landscaping plan prepared by Lombard North Group, and the ‘Conceptual Artwork’ prepared by Pattison Sign Group both stamped “Received July 19, 2017” (attached as Schedule ‘B’), 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 property located at 860 Esquimalt Road, [PID 001-122-134, Lot A Section 11 Esquimalt District Plan VIP42081]; and
That Council resolves that Development Variance Permit No. DVP00067 [Appendix B] authorizing the signage as shown on the architectural drawings and site plan prepared by James Kerr, Architect AIBC, all stamped “Received July 19, 2017” (attached as Schedule ‘A’), the landscaping plan prepared by Lombard North Group, and the ‘Conceptual Artwork’ prepared by Pattison Sign Group both stamped “Received July 19, 2017” (attached as Schedule ‘B’), and including the following relaxations to Sign Regulation Bylaw, 1996 No. 2252, be approved, and staff be directed to issue the permit and register the notice on the title of the property located at 860 Esquimalt Road, [PID 001-122-134, Lot A Section 11 Esquimalt District Plan VIP42081]:
Sign Regulation Bylaw, 1996, No. 2252, - Canopy Signs - Section 9.4.2 (b) Location - An increase to the allowed height of a sign on a canopy from 1.0 meters to 1.6 metres;
Sign Regulation Bylaw, 1996, No. 2252 - Section 6.1 (i) Prohibitions - A variance to the restriction that no more than 3 types of signs be allowed per business, to allow up to 4 types of signs (canopy, fascia, freestanding and posters) at this location;
Sign Regulation Bylaw, 1996, No. 2252 - Section 6.1 (c) Prohibitions - A variance to allow ‘posters’ to be placed on a commercial location, allowing the 3 posters on the West elevation adjacent to the drive thru window;
Sign Regulation Bylaw, 1996, No. 2252 - 9.8.2 (a) Freestanding Signs - Location - A variance to the requirement that a freestanding sign shall not be located within 30 metres of a residential zone to allow a freestanding sign not less than 19 metres from a residential zone (the building located across Esquimalt Road);
Sign Regulation Bylaw, 1996, No. 2252 - 9.8.2 (b) Freestanding Signs - Location - A variance to the requirement that a freestanding sign shall not be located within 2 metres of any intersecting property lines, to allow a freestanding sign to be located not less than 0.15 metres from an intersecting property line;
Sign Regulation Bylaw, 1996, No. 2252 - 9.8.3 (b) Freestanding Signs - Location - A variance to allow a freestanding sign to exceed the 0.3 ratio of sign area per lineal metre of street frontage to allow a sign area of 0.45 per lineal metre of street frontage [i.e. where the sign area = 13.54 m2, and the street frontage = 30.5 m2].
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
Sign Regulation Bylaw, 1996, No. 2252
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: DP000090
Appendix B: DVP00067
Appendix C: Air Photo, DP Area No. 2, Mail Notice
Appendix D: Architect’s plans, Landscape Plan and Site Photos
Appendix E: Green Building Checklist and Re-Image Design Book
Purpose of the Application
The owner is proposing to extensively update the building including substantial changes to the exterior with new materials for the façade and new signage. A Development Permit for Development Permit Area No. 2 - Commercial [Appendix C], for ‘form and character’ is required before a building permit can be issued.
The multiple new signs do not all meet the requirements of Sign Regulation Bylaw, 1996, No. 2252; therefore a Development Variance Permit is required before a building (sign) permit can be issued.
Context
Architect: James Kerr, Architect, AIBC
Applicant: Jeff Hanley, HanCon Constructors
Owners: Michelle Hallaran [Marco Investments Ltd. ]
Property Size: Metric: 1852 m2 Imperial: 19,935 ft2
Existing Land Use: Commercial
Surrounding Land Uses:
North: Sports Field
South: Multiple Family Residential
West: Commercial
East: Commercial
Development Permit Guidelines
The proposed building envelope changes are generally consistent with the Development Permit Area No. 2 - Commercial Guidelines [Appendix ‘C’].
The current ornamental lighting on the building would be removed in favour of new down lighting, and lighting located within the new ‘boomerang’ canopy. As illustrated in the elevations [Appendix ‘D’ (sheet A2)], and according to the ‘Re-Image Design Book’ (page 16) [Appendix ‘E’], there would be lighting on the building that is designed primarily to highlight the signage. Some existing lighting is to remain in the parking lot to serve the pedestrian areas, with no increased illumination foreseen to the neighbouring properties.
There is little pedestrian protection in the way of awnings or canopies on either the existing building or with the proposed changes. The proposed new canopy is primarily decorative, serving as an extension of the signage design, as it has no ceiling panel to shield pedestrians from precipitation.
The parking areas do currently have some landscaping, including shrubs and small trees, which helps break up the expanse of black top in the area. Since meeting with the Advisory Design Review Committee [DRC] in June the applicant has engaged a landscape architect and developed improved planting plans for the site, and has decreased the amount of hard surfacing materials that had been proposed in current planting areas. Five Sumac [Rhus Typhina], a large shrub reaching to 2 metres in height, along with some new drought tolerant perennial plantings, would be added to the site.
The area is fairly well maintained with lighting and public access to all outdoor areas; therefore there is no decrease to public safety foreseen with the proposed changes. Since meeting with the DRC the applicant has proposed improved pedestrian circulation on the site with a dedicated pedestrian route from Esquimalt Road to the front door and also a marked route from the back parking area to the restaurant.
The existing building is not located at the front property line but the use of an outdoor patio, pedestrian access point, and a new bike rack all helps to create a positive connection with the street, sidewalk and bike lane.
Signage
The owners are proposing all new signage for the A&W location. A considerable amount of the signage that currently appears on ‘A&W’ was installed without the benefit of sign permits, so may not comply with Sign Regulation Bylaw, 1996, No. 2252. The applicant has proposed completely new signage for the building and a new ‘Pylon’ [‘Freestanding Sign’] adjacent to Esquimalt Road.
The DRC recommended that the applicant look at ways to further respect the Esquimalt Sign Bylaw. In response, the applicant removed one sign from the proposal, a ‘Wall Sign’ of the ‘Burger Family’, which was requiring three variances to the Sign Bylaw.
Comments from the Advisory Design Review Committee [DRC]
This application was considered at the regular meeting of DRC held on June 14,
2017. Members expressed concern with the poor pedestrian circulation on the site, the current state of the landscaping on the site, and the potential loss of more landscaping in the proposal.
The Esquimalt Design Review Committee [DRC] made the following recommendation to Council and the Director of Development Services, on the exterior alterations and new signage proposed for 860 Esquimalt Road, as illustrated in the architectural drawings prepared by James Kerr, Architect, AIBC, stamped “Received May 29, 2017”, for the property at PID 000-132-331, Lot 1, Section 11, Esquimalt District, Plan 23904 [860 Esquimalt Road]:
Present the application again to the Design Review Committee and address the following:
1. Improved pedestrian circulation on the site;
2. Provide a landscape plan that addresses the soft landscape areas where further plantings are technically achievable; and
3. Consider further respecting, at least in part, the Sign Bylaw.
Note: In response to the above recommendation, the applicant has provided revised drawings, that propose one fewer sign, improved landscaping and improved pedestrian circulation. The DRC was unable to meet on their regular meeting date in August due to a lack of quorum. The applicant indicated that they are on a tight timeline and did not wish to return the application to the DRC at a later date.
ISSUES:
1. Rationale for Selected Option
The refurbishment of the existing building and property will improve the aesthetic of Esquimalt Road. The DRC was generally supportive with suggested improvements to signage, landscaping and pedestrian circulation for the site. The applicant has provided revisions, in an attempt to meet the recommendations of the DRC.
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. Disposal of still functional building materials does have a long-term cost to society, as the energy that went into producing those materials is wasted.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on August 14, 2017 indicating that Council would be considering the requested Development Variance Permit on August 28, 2017. To date, the Development Services Department has received no response as a result of these notifications.
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000090 [Appendix A] and Development Variance Permit No. DVP00067 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at 860 Esquimalt Road, [PID 001-122-134, Lot A Section 11 Esquimalt District Plan VIP42081].
2. That Council resolves that Development Permit No. DP000090 [Appendix A], be updated as directed, and that some of the variances included in Development Variance Permit No. DVP00067 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at 860 Esquimalt Road, [PID 001-122-134, Lot A Section 11 Esquimalt District Plan VIP42081].
3. That Council deny Development Permit No. DP000090 [Appendix A] and Development Variance Permit No. DVP00067 [Appendix B] with reasons.