REQUEST FOR DECISION
DATE: April 11, 2022 Report No. DEV-22-029
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 1075 Tillicum Road
End
RECOMMENDATION:
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 3056, attached to Staff Report No. DEV-22-029 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of PID 018-050-859 Lot B, Section 10, Esquimalt District, Plan VIP55556 [1075 Tillicum Road], shown cross-hatched on Schedule ‘A’ attached hereto, from C-6A [Licensed Liquor Establishment - Professional Office] to CD No. 147 [Comprehensive Development District No. 147] be given third reading; and
2. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report No. DEV-22-029, the applicant has voluntarily agreed to register a Section 219 Covenant on the titles of PID 018-050-859 Lot B, Section 10, Esquimalt District, Plan VIP55556 [1075 Tillicum Road] in favour of the Township of Esquimalt providing the lands shall not be subdivided, built upon or used (as appropriate to the requirement, as drafted by the Township’s solicitor at the applicant’s expense) in the absence of all of the following:
• Membership for a shared vehicle service for all the units
• Provision of one-year BC Transit bus passes for the Victoria Regional Transit System for the residents without a parking space
• No restrictions on bicycles in elevator
• 3-metre right of way along Tillicum Road for public realm improvements
Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a Section 219 Covenant addressing the issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 3034 to Council for consideration of adoption.
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: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3056
Appendix B: Aerial Map
Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
Appendix D: Green Building Checklist
Appendix E: Parking Study
Appendix F: Developer’s Public Consultation Summary
Appendix G: Traffic Impact Assessment
Appendix H: Public Input
Appendix I: Applicant’s Presentation
Appendix J: Staff’s Presentation
PURPOSE OF APPLICATION:
The applicant is requesting a change in zoning from C-6A [Licensed Liquor Establishment - Professional Office] to a Comprehensive Development District zone [CD]. This change is required to accommodate the proposed 6-storey, mixed-used commercial residential building.
Evaluation of this application should focus on issues related to zoning such as the proposed height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, usable open space, parking, land use, fit with the neighbourhood, and consistency with the overall direction contained within the Official Community Plan.
This site is located within Development Permit Area No. 1 - Natural Environment, No. 4 - Commercial, No. 6 - Multi-Family Residential, No. 7 - Energy Conservation and Greenhouse Gas Reduction, and No. 8 - Water Conservation. The form and character of the buildings, landscaping, and consistency with guidelines relating to natural environment protection, energy conservation, greenhouse gas reduction, and water conservation would be controlled by a development permit that would be considered by Council at a future date as the proposed development is situated within Development Permit Areas 1, 4, 6, 7, and 8.
CONTEXT:
Applicant: Abstract Developments
Owner: 1075 Tillicum Developments Ltd., Inc. No. BC1261779
Architect: Urban West Architecture
Total Property Size: Metric: 2377 m2 Imperial: 25592 ft2
OCP Present Land Use Designation: Neighbourhood Commercial Mixed Use
OCP Proposed Land Use Designation: Neighbourhood Commercial Mixed Use
Zone: C-6A [Licensed Liquor Establishment - Professional Office]
Existing Land Use: Licensed Liquor Establishment and Professional Office
Proposed Land Use: Commercial and Multiple Family Residential [6 Storeys]
Surrounding Land Uses:
North: Multiple Family Residential [4-Storey Apartments]
South: Single Family Residential
East: Multiple Family Residential [4-Storey Apartments]
West: Multiple Family Residential [3-Storey Townhouses]
CHRONOLOGY:
July 27, 2021 - Rezoning application submitted
September 8, 2021 - Design Review Committee
December 21, 2021 - Advisory Planning Commission
March 7, 2022 - Council gives 1st Reading
April 4, 2022 - Council gives 2nd Reading
OCP ANALYSIS:
The proposed development is not consistent with the Proposed Land Use Designation of ‘Neighbourhood Commercial Mixed-Use’ as the proposed development consists of a floor area ratio of 2.39. The applicant is proposing community amenities for the bonus density as per the Official Community Plan guideline. Using the City of Victoria’s methodology in calculating the community amenity contributions for bonus density in Small Urban Villages, the applicant is proposing $107,478 in contribution towards active transportation improvements along Tillicum Road. Moreover, the applicant is committing to construct the building to Step 3 of the BC Energy Step Code.
OCP Section 5.1 states a policy to ‘support the development of a variety of housing types and designs to meet the anticipated housing needs of residents. This may include non-market and market housing options that are designed to accommodate young and multi-generational families, the local workforce, as well as middle- and high-income households.’
OCP Section 5.3 Medium and High-Density Residential Development states an objective to support compact, efficient medium density and high-density residential development that integrates with existing proposed adjacent uses.
Supporting policies in this section consistent with the proposed development include:
• Encourage new medium-density and high-density residential development with high quality design standards for building and landscaping and which enhance existing neighbourhoods.
• Prioritize medium density and high-density residential development in proposed land use designated areas that:
1. reduce single occupancy vehicle use;
2. support transit service;
3. are located within proximity to employment centres; and
4. accommodate young families.
• A mix of dwelling unit sizes should be provided in medium density and high-density residential land use designated areas to meet the varying housing needs of Esquimalt residents.
• Encourage the incorporation of spaces designed to foster social interaction.
• Encourage the installation of electric vehicle charging infrastructure in medium and high-density residential developments.
Section 5.5 Age Friendly Housing states an objective to expand and protect seniors housing in Esquimalt to enable citizens to “age in place”.
Supporting policies in this section relevant with the proposed development include:
• Support and facilitate development of multi-generational housing, including in medium and high-density residential developments.
• Encourage child friendly developments that provide appropriate amenities such as outdoor play areas for young children that are well-separated from traffic circulation and parking areas.
• Encourage adaptable design for all dwellings created through rezoning.
• Encourage more accessible housing for people with mobility limitations on the ground floor of medium and high-density residential buildings.
Section 5.6 Family and Child-friendly Housing states an objective to address the shortage of family and child friendly housing in Esquimalt.
Supporting policies in this section relevant with the proposed development include:
• Encourage the provision of medium and high density commercial mixed-use developments designed for families with children.
Section 6.4 Neighbourhood Commercial Mixed-Use states an objective to encourage the development of a series of neighbourhood commercial mixed-use nodes throughout Esquimalt that will primarily serve the daily needs of the surrounding neighbourhood but may also include destination uses.
Supporting policies in this section relevant with the proposed development include:
• In areas designated as Neighbourhood Commercial Mixed-Use on the “Present and Proposed Land Use Designation Maps” consider proposal with a height up to six storeys and a Floor Area Ratio of up to 1.5 for the residential portion.
• Encourage retail outlets that sell healthy fresh foods.
• Consider, where appropriate, development proposals with densities greater than those set out through density bonus of floor-space provided that the additional density results in the provision of community amenities deemed appropriate by Council for the benefit of the community.
• For the purposes of density bonuses, “amenities” may include but are not limited to:
1. Privately-owned, publicly-accessible open space;
2. Public Art;
3. Contributions towards the enhancement of public recreation facilities;
4. Contributions towards street and boulevard enhancements, including street furniture and decorative lighting;
5. Building to a higher step of the BC Energy Step Code than required under the Building Bylaw;
6. Group daycare and respite facilities for children and adults;
7. Preservation of heritage structures, features or assets;
8. Affordable housing units;
9. Special needs housing units;
10. Community gardens;
11. Enhanced green family play space for residents;
12. Public space improvements supporting and surrounding transit stations; and
13. Other as may be appropriate to the development proposal or surrounded community as deemed appropriate by Council.
Section 11.3.2 New Development states the following policies:
• Encourage developers to provide a variety of end of trip facilities for active transportation.
• Encourage bike lockers in multi-unit residential and commercial/commercial mixed-use developments.
Section 13.3.3 Building Energy Efficiency states the following policies:
• Adopt best practices based on evolving building technologies and materials.
• Encourage the adoption of passive, efficient, and renewable energy systems in new buildings and during building retrofits.
• Investigate options for encouraging developers to achieve high energy performance in new developments through such tools as density bonusing, expedited permit approval process, rebate of development fees, revitalization tax exemption, and other incentives.
• Pursue higher energy-efficiency performance in new developments, through the achievement of higher steps in the BC Energy Step Code as an amenity associated with rezoning.
Under Section 13.3.6 Passenger Vehicle Alternatives, the following policies are listed:
• Encourage the installation of electric vehicle charging infrastructure in all new multi-unit developments.
• Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
• Encourage the inclusion of car share in new multi-unit residential developments.
Relevant Development Permit Area Guidelines to consider as it relates to the rezoning application include:
• New buildings should be designed and sited to minimize visual intrusion on to the privacy of surrounding homes and minimize the casting of shadows on to the private outdoor space of adjacent residential units.
• The size and siting of buildings that abut existing single- and two-unit and townhouse dwelling should reflect the size and scale of adjacent development and complement the surround uses. To achieve this, height and setback restrictions may be imposed as a condition of the development permit.
• Underground parking should be encouraged for any multi-unit residential buildings exceeding four storeys.
• Orient buildings to take advantage of site-specific climate conditions, in terms of solar access and wind flow; design massing and solar orientation for optimum passive performance.
• Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent to usable outdoor open spaces.
• In commercial, residential, or commercial mixed-use designated areas with taller developments, vary building heights to strategically reduce the shading on to adjacent buildings.
• Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
• Provide usable outdoor amenities such as seating, food gardens, mini-libraries, and play spaces in semi-public areas to enhance the experience of walking and recreating in the neighbourhood.
• Provide space for absorbent landscaping, including significantly sized trees on the site and by not allowing underground parking structures to extend beyond building walls.
ZONING ANALYSIS:
The following chart lists the floor area ratios, lot coverage, setbacks, height, parking, and usable open space of this proposal. Zoning Bylaw, 1992, No. 2050 does not currently contain a zone that can accommodate this proposed development.
|
|
Proposed CD Zone |
|
Residential Units |
99 |
|
Total Floor Area Ratio |
2.39 |
|
Lot Coverage (at the parking level) |
82% |
|
Lot Coverage at or above the First Storey |
48% |
|
Setbacks: |
|
|
Front [Tillicum Road] |
6.0 m |
|
Northern Interior Side |
2.9 m |
|
Southern Interior Side |
3.5 m |
|
Rear |
6.5 m |
|
Building Height |
21.7 m [6 storeys] |
|
Off Street Parking |
89 spaces |
|
Usable Open Space |
180 m2 [7.5%] |
|
Bicycle Parking |
100 bicycle parking spaces for residents |
Floor Area Ratio: The FAR of this proposal is 2.39. This is greater than the acceptable amount of 1.5 for the residential portion of a building in a neighbourhood commercial mixed-use area. The applicant is proposing community amenity contributions in the value of $107,478 towards active transportation improvements along Tillicum Road. In addition, the applicant is committed to construction to Step 3 of the BC Energy Step Code.
Lot Coverage: Staff has worked with the applicant to reduce the amount of excavated area for the parkade to 82% of the site to leave natural areas that can sustain significant trees and plantings. The lot coverage at or above the First Storey is 48%.
Usable Open Space: Our zones that accommodate apartment developments generally require usable open space in the amount of not less than 7.5% of the area of the parcel. This development allows for usable open space in the amount of 180 m2 [7.5% of the parcel].
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1.3 parking spaces per unit to be provided for multiple family developments. Depending on the specific uses of the commercial units, 6 to 12 parking spaces are required in addition to the parking requirements for the residential units. Parking areas are required to be constructed to meet the standards for manoeuvring aisle dimensions and associated parking stall dimensions detailed in Part 14, Table 2, of the Bylaw.
This proposal incorporates 84 parking spaces to serve 99 residential dwelling units. Hence, the parking ratio of 0.84 is less than the required amount of 1.3 which would equate to 129 parking spaces. In addition, 5 parking spaces are provided to serve the 2 commercial units whereas the parking bylaw would require 6 to 12 spaces.
COMMENTS FROM THE DESIGN REVIEW COMMITTEE:
This application was considered at the regular meeting of the Design Review Committee held on September 8, 2021. Members had concerns with the proposed reduction in commercial space on the site of the former Gorge Pointe Pub. Members also had concerns with the soil volume provided for the 9 plantings. Moreover, they had concerns with the noise at the garden amenity space because of the parkade gates. In general, the committee had a positive reaction to the density and the massing.
The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
• Reconsider the design of the building setbacks on the 5th and 6th floor
• Locate the parkade further from the property line
• Increase accessible and visible bicycle parking for public use.
In response to the comments from the Design Review Committee, the applicant has provided 5 outdoor bicycle parking spaces to the north of the building by the main entrance.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
This application was considered at the regular meeting of the Advisory Planning Commission on December 21, 2021. Members had concerns with the proposed reduction in commercial space on the site of the former Gorge Pointe Pub. The commission desired the entire frontage to be dedicated commercial space. Members also had concerns with the location of the bicycle lockers on P2. Moreover, they had concerns with the setbacks at the 5th and 6th stories as an increased setback would improve the transition to adjacent buildings.
The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
• Increasing the commercial space to 75 percent of the frontage at the minimum and preferably 100 percent.
• Covenant to be registered on title to allow bicycles in the elevators.
• Design revisions at the 5th and 6th stories to improve the transition to adjacent buildings.
In response to the comments from the Advisory Planning Commission, the applicant has agreed to a covenant that would ensure that bicycles would be allowed in the elevators and that no strata bylaws would prevent that. The massing of the building, including the upper story setbacks remained the same. Moreover, the commercial frontage remains at 50 percent. Although staff originally recommended commercial space on the ground floor to span a minimum of 50% of the frontage, staff concurs with the Advisory Planning Commission that additional commercial space would be desirable for the community despite generating less revenue for the applicant.
COMMENTS FROM 1st READING AT COUNCIL:
This application was considered at the regular meeting of Council on March 7, 2022.
Council’s comments included:
• Concerns over parking ratio being below the bylaw standard
• Desire for more commercial space
• Overall density and how to break up the massing
• Consideration of reduction in units
• Appreciated the separation of the fourth and fifth stories but desired greater setbacks at the upper storeys.
In response to Council’s comments, the applicant reduced the residential units from 100 to 99 and increased the amount of commercial space from 120 m2 to 160 m2. Moreover, the applicant increased the Tillicum Road setback at the 4th and 5th storey from 6 metres to 7 metres for the middle 17-metre portion and from 3.8 metres to 4.4 metres for the middle 15.5-metre portion along the northern setback.
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 has completed a preliminary review of the proposed development and have the following comments:
1. Completion of Works and Services
According to Bylaw 2175, including all schedules, the developer may be required to provide all works and services up to the road centerline. All works and services that are required to be constructed and installed at the expense of the owner shall be constructed before the Approving Officer approves the development unless the owner:
• Deposits with the municipality a security deposit in the amount of 120% of the estimated construction cost, and
• Enters into a servicing agreement with the municipality.
2. Serviceability
A preliminary review reveals that the subject properties are connected to the municipal sewer and drain systems. The proposed development is to have services as per Bylaw 2175 (Subdivision and Development Control Bylaw) including, but not limited to new sewer and drain service connections, new curb/gutter/sidewalk along frontages, and underground H/T/C to the proposed development. New curb, gutter and sidewalk along the frontage is also required.
A traffic study will also be required for the proposed development that includes recommendations relating to if and where a signalized intersection and/or pedestrian activated crossing is warranted. The extents of the study zone should be between Craigflower Road and Gorge Road and consider all existing developments, including the proposal at 1075 Tillicum Road, within the study zone. If a signalized intersection is warranted, the Developer shall be responsible for 80% of the total costs.
3. Engineering
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 cost, engineering fees, administrative fees, and as indicated in Bylaw 2175.
4. Additional comments
Additional comments will be provided when a civil engineering drawing has been received.
Parks:
Parks staff has completed a preliminary review of the proposed on-site and off-site landscaping and commented that a tree cutting permit application is required for all trees to be removed. All trees that are to be retained, including boulevard trees, must have tree protection fencing erected at the drip line. Staff commented that the landscape plan looks good.
Fire Services:
Fire Services staff has provided the following recommendations:
• Provide a Fire Department Response Plan that details locations of: Fire Department Response Point (FDRP), Fire Department Siamese Connection (FDC), Fire Alarm Annunciator Panel (FAAP), Fire Department Lockbox (FD Lockbox), location of new fire hydrant, and staging location of fire apparatus
• FDRP is required to be within 15 metres of the closest location of the Fire Apparatus (measured from the curb/door of the apparatus) and should be visible from the street. This may require the driveway or a portion of it to be designed as a fire lane in accordance with the minimum standards of the BC Building Code. As per BC Building Code ensure fire lane at a minimum is:
o rated for heaviest apparatus (Ladder 10 is 21,470 kilos)
o clear width to be minimum of 6 m
o centre-line radius not less than 12 m
o overhead clearance not less than 5 m
o gradient not more than 1 in 12.5 over a minimum distance of 15 m
• Unrestricted access is to be provided to the front face on Tillicum of the building - all hydro lines are required to be below ground
• The FDRP is to have a FDC, FAAP, FD Lockbox, Fire Safety Plan, site plan/graphics, access stairs to all above and below ground levels
• The FDC is required to be within 45 m of the hydrant - hydrant location is to be on the east side of Tillicum and is to be coordinated with Esquimalt Fire Rescue to determine best operational placement within code restrictions
• A fire department lock box will be required as per Lockbox Bylaw 2013, No. 2797 complete with lock box permit
• Fire alarm is to be addressable; ensure that all CRUs are programmed to annunciate their unit numbers
• If any of the residences on the main level will be using their street/courtyard entrances as their main entrance/exit; pull stations may be required at those doors
• Roof top common areas will require fire alarm audibility, exit signage, emergency lighting, and fire extinguishers and a code compliant elevator to accommodate stretcher as per the BC Building Code
• Consider street trees that are columnar to maintain BC Building Code overhead clearance
• Water design for fireflow requirements to consider design of the system, hose allowance aligning with codes/standards as per Fire Underwriters - ensure that adequate water supply is provided before construction proceeds above grade
• A Construction Fire Safety Plan will be required for this project as per the BC Fire Code 5.6.2. Further, 5.6.1.2 requires protection of adjacent properties. A BCFC 5.6.1.2 report from a registered professional should be submitted with the Construction Fire Safety Plan. The 5.6.1.2 report should address the risk, and the mitigating measures proposed to address the risk, and the methodology that was used to determine the risk. An appropriate level of water supply will need to be provided early in the construction project to address any mitigating measures that rely on water protection systems, and the BC Building Code requirement for installation of standpipe as construction proceeds.
ISSUES:
1. Rationale for Selected Option
The proposal conforms to the proposed land use designation of the Township’s Official Community Plan. This proposal would provide commercial space and additional residential dwelling units within the Township. Currently, the amount of commercial space provided would be less than what is currently there; nonetheless, the applicant has increased the proposed commercial space from 120 m2 to 160 m2 since First Reading at Council.
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 completed the Esquimalt Green Building Checklist, detailing green features that will be considered for inclusion in the development should it be approved [Appendix D].
5. Communication & Engagement
As this is a rezoning application going to a Public Hearing, notices were mailed to tenants and owners of properties within 100m (328ft) of the subject property. The sign indicating that the property is under consideration for a change in zoning have been installed on the Tillicum Road frontage and updated to include the date, time, and location of the public hearing.
As required by the Development Application Procedures and Fees Bylaw, 2012, No. 2791, the applicant delivered notices to properties within 100 m of the subject property soliciting comments. Notices to all owners and occupants of properties within 100 m of the subject site were also mailed by the municipality. Staff confirms that the applicant has provided the required submissions. The applicant has included email and web form inputs relating to this application [Appendix F]. In addition, the Township of Esquimalt has also received 10 comments relating to this application [Appendix H].
ALTERNATIVES:
1. Council, upon considering comments made at the Public Hearing, resolves that Amendment Bylaw No. 3056 be given third reading, and staff be directed to coordinate with the property owner to ensure registration of the S. 219 covenant on the title of the subject property prior to returning Amendment Bylaw No. 3056 to Council for consideration of adoption.
2. Council postpone consideration of Amendment Bylaw No. 3056 pending receipt of additional information. [Receipt of new information from the applicant or the public would require a new Public Hearing.]
3. Council defeats Amendment Bylaw No. 3056.