REQUEST FOR DECISION
DATE: June 5, 2023 Report No. DEV-23-039
TO: Dan Horan, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Temporary Use Permit Application - 914 McNaughton Avenue
End
RECOMMENDATION:
Recommendation
That Temporary Use Permit No. TUP00013 be approved and issued.
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: TUP00013
Appendix B: Aerial Map
Appendix C: Applicant’s Letter
Appendix D: Construction Access Plan
Appendix E: Applicant’s Presentation
Appendix F: Public Input
CHRONOLOGY:
March 31, 2023 - Application received
May 16, 2023 - Advisory Planning Commission review
PURPOSE OF APPLICATION:
The purpose of this temporary use permit is to allow the site at 914 McNaughton Avenue to be temporarily used as construction access, construction parking, and a construction site office.
Zoning Bylaw, 1992, No. 2050 enables Council to allow a commercial or industrial land use that does not fit with the current zoning for a period of 2 years, with appropriate notification as required by the Local Government Act. The temporary use permit may be renewed once beyond the initial term.
CONTEXT:
Applicant: Kalman Gogo [137556 B.C. Ltd.]
Owner: Nina Marjatta Lindroos
Property Size: Metric: 672.8 m2 Imperial: 7242 ft2
OCP Land Use Designation: Low Density Residential
Zone: RD-4
Existing Land Use: Single-Family Dwelling
Surrounding Land Uses:
North: Commercial Residential Mixed-Use
South: Single-Family Dwelling
East: Single-Family Dwelling
West: Single-Family Dwelling
ZONING ANALYSIS:
The proposed uses of construction access, construction parking, and a construction site office are not permitted within a RD-4 zoned parcel; hence, the applicant has submitted a temporary use permit application for such uses.
The Local Government Act allows the local government to ‘specify conditions under which the temporary use may be carried on’.
As such, staff recommends the following conditions as part of the temporary use permit:
a) ‘Construction Site’ means a site used by the ‘Development Company’ (1075 Tillicum Developments Ltd.) and its sub-contractors, for the following uses; for the duration of and specifically for the construction of the building at 1075 Tillicum Road (The Project), subject to the following conditions:
i) Vehicle access and staging;
ii) Parking;
iii) Storage of and loading of construction materials for The Project;
iv) Construction site office including temporary accessory structures; and
v) Provision of electrical service to The Project via a temporary power installation.
b) Permit shall be valid until ___________, 2025 [2 years from the date of approval].
c) Hours of operation shall be limited by the Esquimalt “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826”.
Notwithstanding Bylaw No. 2826, the site will only be used:
Weekdays: 7:00 am to 7:00 pm.
Saturdays: 9:00 am to 7:00 pm, and
Sundays and Statutory Holidays: 9:00 am to 5:00 pm.
d) Fencing shall be in place at all times, and gates shall be locked after hours.
e) Lighting shall be directed into the site and not spill over onto residential properties.
f) There shall be no overnight camping on the site.
g) There shall be no rock crushing or breaking of asphalt on the site.
h) Dust shall be always controlled, and a dust control mesh [scrim] will be attached to the temporary [construction] fencing.
i) No diesel, gasoline, propane, or natural gas-powered generators shall be used on the site.
j) No idling of vehicles.
k) The site must be kept free of rubbish and debris, and maintained in an acceptable manner.
l) All work on the site shall meet WorkSafeBC Act and Regulations at all times.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
This application was considered at the regular meeting of the Advisory Planning Commission on May 16, 2023. Members generally deemed the additional access to the construction site via the subject property to be a suitable mitigation measure for construction traffic. They recognize that it is not the ideal solution as McNaughton Avenue is not designed for construction vehicles. Nonetheless, they perceive it to be a better solution than the alternative of using Tillicum Road access exclusively.
The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as it substantially mitigates potential traffic issues on Tillicum Road.
COMMENTS FROM OTHER DEPARTMENTS:
Engineering Services:
Engineering staff will not support the use of Uganda Avenue as a secondary access route. The applicant has confirmed that they will not use Uganda Avenue for secondary access.
Moreover, as McNaughton Avenue is a local roadway and not designed for the sustained use of heavy vehicles, Engineering staff will require:
• Pre-condition photos to be taken of McNaughton Avenue prior to construction and submitted to the Township.
• In the case of areas that are visibly and substantially degraded over the duration of the temporary use, the applicant is required to replace the damaged roadway to either the existing gutter to gutter or from gutter to centreline width depending on the required repair.
• The replacement shall entail milling and paving (50mm) of the surface or full removal/replacement with structural granular base repair where required to MMCD or Township of Esquimalt standards.
• The limits of this area shall extend on McNaughton Avenue from Tillicum Road to the eastern property line of 912 McNaughton across the full surface of the roadway.
ISSUES:
1. Rationale for Selected Option
The use of construction access is reasonable as it will alleviate the potential traffic both on Tillicum Road and the strata access to 1083 Tillicum Road.
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
Notices were mailed to owners and occupiers of parcels within 100 metres [328 feet] of the subject property on May 23, 2023 indicating that Council would be considering the requested Temporary Use Permit. Notices were also placed in two issues of the Victoria News.
ALTERNATIVES:
1. That Temporary Use Permit No. TUP00013 be approved and issued.
2. That Temporary Use Permit No. TUP00013 be denied with reasons.