REQUEST FOR DECISION
DATE: January 19, 2022 Report No. DEV-22-004
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 1131 Wychbury AvenueEnd
RECOMMENDATION:
Recommendation
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2021, No. 3043 attached as Appendix ‘A’ to Staff Report DEV-22-004, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1131 Wychbury Avenue [PID 005-910-951, Lot 12, Block 1, Section 11, Esquimalt District, Plan 5725], shown cross-hatched on Schedule ‘A’ of Bylaw No. 3043, from Two Family DADU Residential [RD-4] to Comprehensive Development District No. 140 [CD. No. 140], 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 DEV-22-004, the applicant has voluntarily agreed to register a Section 219 Covenant on the title of 1131 Wychbury Avenue [PID 005-910-951, Lot 12, Block 1, Section 11, Esquimalt District, Plan 5725], 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:
• A Secondary Suite is permitted in the existing house only (Site A).
• The new house (Site B) will not contain a secondary suite.
• Renovate the existing home by:
o removing all three windows on the west wall of the basement and replace them with two windows designed to satisfy current building code egress requirements from a basement bedroom.
o enclosing the existing basement door and relocating the basement access to the east side of the rear vestibule.
o enclosing the existing rear vestibule door and relocate the door to the west side of the rear vestibule.
o removing the existing rear stairs and constructing new stairs from the new rear vestibule door to grade on the west side of the vestibule.
o installing new insulation and vapour barrier (or equivalent) around the entire basement.
o relocating water and sewer connection locations to facilitate moving the laundry area to under the basement stairs.
o renovate the basement structural supports to accommodate the future installation of a secondary suite consistent with the Proposed Basement Plan [DP3], prior to the sale of the new lot.
• Build the new building and renovate the old building to achieve BC Energy Step Code, Step 2.
• Install an Electric Vehicle Charger in the new home on Site B.
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Building Regulation Bylaw, 2017, No. 2899
STRATEGIC RELEVANCE:
Healthy, Livability, 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 No. 3043
Appendix B: Site Plan, Air Photo, OCP Maps, Zoning Map, RS-1 zone
Appendix C: BCLS Site Plan, Architectural Plans, Landscape Plan
Appendix D: Applicant’s narrative and neighbourhood consultation
Appendix E: Green Building Checklist
Appendix F: Notification of waived public hearing
Appendix G: Applicant’s presentation to Council
Appendix H: Staff presentation to Council
PURPOSE OF THE APPLICATION:
The applicant is requesting a change in zoning from Two Family DADU Residential [RD-4] to a Comprehensive Development District, to facilitate the future subdivision of the lot and the construction of a new house south of the existing principal dwelling. Both the Esquimalt Official Community Plan Bylaw, 2018, No. 2922 [OCP] ‘Present’ and ‘Proposed’ land use designations for this property are Low Density Residential, so no OCP amendment is required for Council to consider this application.
This site is located within OCP 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. Should this rezoning application be approved by Council, a Development Permit would be required to ensure that the application is generally consistent with the Development Permit Area guidelines, prior to a Building Permit being issued.
Evaluation of this application should focus on issues relevant to zoning such as: the appropriateness of the proposed uses, height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, useable open space, parking, how the building relates to adjacent and surrounding sites and whether the proposal is generally appropriate and consistent with the overall direction contained within the Official Community Plan.
CONTEXT:
Applicant: Zebra Design [Louis Horvat]
Owners: Artemis Hartt / Nadia Hartt
Architect: Zebra Design [Louis Horvat]
Property Size: Metric: 846 m2 Imperial: 9106 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential
South: Two Family Residential
West: Single Family Residential
East: Single Family Residential [Small Lot Infill]
Present OCP Designation: Low Density Residential [No change proposed]
Proposed OCP Designation: Low Density Residential [No change proposed]
Existing Zoning: Two Family DADU Residential [RD-4]
Proposed Zoning: Comprehensive Development District No. 140 [CD-140]
OFFICIAL COMMUNITY PLAN (OCP) ANALYSIS:
The proposed development to subdivide the existing lot to accommodate an additional single-family dwelling is consistent with both the OCP ‘Present’ and ‘Proposed’ Land Use Designations of ‘Low Density Residential’.
The following OCP objectives and policies are considered in evaluating this proposal.
OCP Section 5.1 General: Anticipated Housing Needs in the Next Five Years
Objective: Support expansion of housing types within Esquimalt while addressing concerns such as tree protection, parking, traffic, noise, effects on neighbouring properties, and neighbourhood character.
• Policy - 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.
• Policy - Support the inclusion of secondary suites within present and proposed low density residential land use designated areas.
• Policy - Encourage the development of rental accommodation designed for a variety of demographic household types, including young families.
5.2 Low Density Residential Redevelopment
Objective: Strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole.
• Policy - Proposed redevelopment or infill within present low density residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.
• Policy - Consider the inclusion of secondary suites in infill developments where it is demonstrated that neighbourhood impacts can be mitigated.
5.4 Affordable Housing
Objective: To encourage a range of housing by type, tenure and price so that people of all ages, household types, abilities and incomes have a diversity of housing choice in Esquimalt.
• Policy - Encourage the provision of missing middle housing types such as two-unit dwellings (duplexes), townhouses and small lot infill as one avenue to address housing affordability.
Development Permit Guidelines:
Though the Development Permit is not being considered at this time many of the DP guidelines require that the zoning issues (useable open space, lot coverage, height, density, massing, siting, setbacks, parking, how the buildings relate to adjacent homes) and natural area / tree protection be considered in order to be able to fulfill the guidelines.
This site is currently in the following Development Permit Areas:
• Development Permit Area No. 1 - Natural Environment
• Development Permit Area No. 3 - Enhance design Control Residential
• Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction
• Development Permit Area No. 8 - Water Conservation
OCP Section 18 - DPA No. 1 - Natural Environment - is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.
18.5.2 Natural Features - Natural features and areas to be preserved, protected, restored, and enhanced where feasible:
• Retain existing healthy native trees, vegetation, rock outcrops and soil wherever possible.
• Preservation of natural topography is favoured over blasting or building of retaining walls.
• Narrower manoeuvering aisles, fewer and smaller parking spaces can be considered where natural areas are being conserved.
18.5.5 Drainage and Erosion - Measures to control drainage and shoreline erosion.
Where it is reasonable:
• Preserve, restore, and enhance treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles and branches. Consider that native conifers are well adapted to local wet winters.
• Reduce the impact of surges in stormwater on shorelines by designing on-site stormwater retention systems to contain the first 3 centimetres [1.25 inches] of precipitation on site, per precipitation event; and incorporating rainwater collection systems into roof design and landscaping.
• Maximize the ratio of planted and pervious surfaces to unplanted surfaces, and design paved areas to direct water towards vegetated areas, to help reduce surface run off. Where paved surfaces are needed, intersperse with drought resistant vegetation and trees, to help absorb stormwater, provide shade and reduce the local heat island effect.
OCP Section 20 - DPA No. 3 Enhanced Design Control Residential - is designed to establish objectives for the form and character of intensive residential development.
The applicant is proposing a development consistent with the Low Density Residential with a single-unit infill development; therefore, the Single-unit Infill Housing guidelines are provided here.
20.6 Guidelines - Single-unit Infill Housing
20.6.1 Relationship to Existing Houses
• Where an existing single-unit residence is to be retained and a second residence placed on the parcel, the existing dwelling is to be upgraded and made to be complementary with the new construction.
• Where new infill single houses are proposed, the design of the new houses should be complementary in scale, size, exterior finishes, rooflines, and colours to the predominant styles of housing in the neighbourhood. It is important to ensure that the new construction fits with the overall scale and character of existing houses. The intent of this guideline is not to encourage the replication or imitation of surrounding buildings but rather the design of structures that complement the streetscape.
20.6.2 Massing
• New structures should be designed so that the overall massing is in keeping with other single-unit residences in the immediate area. New structures for lots other than corner or double frontage lots should be limited to one- and one-half storeys.
• New structures, which are two storeys in height, should be designed so that the second storey is partially concealed within the slope of the roof to minimize the height of the building. The use of dormers set into the roof is preferred to a flat roof or a peaked roof set over the second storey.
20.6.3 Privacy/Screening/Shadowing
• Proposed infill dwellings should have only a minimal impact on adjacent homes and be separated from neighbouring residences by vegetation, screening, natural elevation differences, or a combination of these features.
• Windows, decks and patios should be located so as to minimize intrusion on to the privacy of adjacent properties.
• Infill dwellings should be sited to minimize the casting of shadows on to the private outdoor space of adjacent residential dwellings.
20.6.4 Landscaping
• Retention and protection of trees and the natural habitat is encouraged wherever possible.
20.6.5 Private Open/Yard Space
• Any proposal for single-unit infill housing should provide for usable, private outdoor areas for each dwelling, at grade.
OCP Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction - is designated for the purposes of energy conservation and greenhouse gas reduction.
24.5.1 Siting of buildings and structures - Where it is feasible:
• 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 usable outdoor open spaces.
• Strategically site buildings to sustain and increase the community’s urban forest tree canopy cover.
• Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
24.5.3 Landscaping - Where it is feasible:
• Develop a front yard landscape design that is natural and delightful, so residents do not need to leave the neighbourhood to experience nature.
• Choose open space and landscaping over dedicating space to the parking and manoeuvering of private motor vehicles.
• Conserve native trees, shrubs, and soils, thereby saving the cost of importing materials and preserving already sequestered carbon dioxide.
24.5.5 Special Features - Where it is feasible:
• Reuse of existing buildings and building materials is encouraged.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation - is designated for the purpose of water conservation.
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping) - Where it is feasible:
• Preserve and restore treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles and branches. Consider that native conifers are well adapted to local wet winters.
• Avoid disturbing, compacting, and removing areas of natural soil, as these are naturally absorbent areas.
ZONING ANALYSIS:
The current zoning Two Family DADU Residential [RD-4], allows a single-family residence, possibly including a secondary suite, a single-family residence with a DADU, or a duplex. The applicant is proposing to retain and renovate the existing home and subdivide the property to build a new 3-bedroom house south of the current house. To facilitate creation of this infill parcel, the applicant would commit to removing the rear deck of the existing home, renovating the rear wall through repositioning the exterior stairs to flow to the west from a new rear vestibule door on the main floor, enclosing the existing basement door, and installing a new basement access door on the east side of the rear vestibule. The applicant proposes to renovate the basement by replacing windows and adding insulation to prepare the basement for the possible conversion to either additional living space for the principal residence or a legal suite in the future.
The proposed Comprehensive Development District No. 140 zone contains the following uses: single family residential, secondary suite in the existing house, home occupation, boarding, and urban hens.
The following table compares the requirements of the Single-Family Residential Zone [RS-1] with this proposal.
Floor Area Ratio [FAR] measures the livable space within a building (or for all buildings on a lot) as a ratio to the size of the lot on which the building(s) sits. The existing house (after subdivision - Lot A) would have a FAR of 0.52. This is notably higher than many infill projects in the Township which are generally consistent with the 0.35 FAR permissible in the RS-1 zone. The high FAR for the existing home is largely due to the nature of this house, where all three floors, including the “basement” are counted as Floor Area. If the basement of the home had been dug further into the ground the lowest floor would have been exempt from the FAR calculation, which would result in an FAR of 0.33, consistent with the RS-1 zone.
The proposed south lot (Lot B) at 422 m2 in area, is smaller than the RS-1 zone standard but is larger than many small lot infill parcels within the Township, allowing for reasonable setbacks for both the existing home and the proposed dwelling. The proposed home would have a FAR of 0.35 and a lot coverage not exceeding 28%, both consistent with the maximum density and lot coverage permitted in the RS-1 zone.
PARKING ANALYSIS:
Parking Bylaw 1992, No. 2011 requires one parking space per dwelling unit, and that in residential zones the parking spaces shall be located no closer to the front lot line than the front face of the principal building. The concept site plan details two parking spaces located behind the front face of the principal building for Site A and one garage parking space for Site B. Tandem parking is not recognized by the Parking Bylaw as it does not provide adequate access to the inner parking space.
A secondary suite is proposed for site A but not for Site B, therefore the three spaces would satisfy Parking Bylaw 1992, No. 2050.
COMMENTS FROM OTHER DEPARTMENTS:
The plans for this proposal were circulated to other departments and the following comments were received by the submission deadline:
Community Safety Services (Building Inspection): No concerns. 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 the Works and Services that would be required for the proposed development. The preliminary review reveals that the subject property is only connected to the municipal sewer system with the properties storm water draining into the yard. A complete suite of new services would be required for each lot should this application be approved.
Parks: Tree cutting permits are required for all trees that may be removed. Tree protection fencing will need to be erected at the dripline for all trees being retained and possibly for the neighbour’s trees. Suggest adding trees to the proposed landscaping to offset any trees removed as part of construction of the project.
Fire Services: Ensure addressing clearly identifies the secondary suite and ensure appropriate egress is provided from both basement bedrooms.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
This application was considered at the regular meeting of the Advisory Planning Commission [APC] held on March 23, 2021. The APC members supported this application and recommended the following:
That the application for rezoning that would facilitate the future subdivision of the subject property and the construction of an additional house to the south of the existing dwelling be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve as the application is entirely in context with the neighbourhood, has nice design elements, and represents good infill.
TIMELINE:
October 27, 2020 - Rezoning application received
January 22, 2021 - Staff requested a number of revisions
February 25, 2020 - Revised application package received
March 23, 2021 - Advisory Planning Commission provides a positive recommendation
July 5, 2021 - Council declines to read Amendment Bylaw No. 3035 a first and second time, expressing concerns over the lack of parking for the secondary suite.
August 9, 2021 - Applicant submits revised plans
September 21, 2021 - Staffing change leads to discovery that neighbourhood public consultation process had not been completed
October 5, 2021 - Staff mail the applicant’s letter to the neighbouring properties (owners and occupants)
November 1, 2021 - Council granted Amending Bylaw No. 3043 for 1st and 2nd reading and waived the holding of a public hearing prior to 3rd reading. Prior to scheduling the application to return to Council, development services staff negotiated the terms of a Section 219 covenant with the applicant and completed the required (waived) public hearing notifications.
ISSUES:
1. Rationale for Selected Option
This proposal complies with both the Present Land Use Designation (OCP Schedule A) and Proposed Land Use Designation of ‘Low Density Residential’ (OCP Schedule B) and is consistent with the policy direction contained within the OCP for infill development.
The applicant has indicated support for the rejuvenation of the existing house and the addition of a suite in this home would provide a desirable rental unit and mortgage helper. The applicant has agreed to complete the renovation of the existing house prior to being able to sell the new infill lot.
The proposed infill home is of a size and scale consistent with housing in the local area and would add a desirable family-oriented home close to transit, commercial services, and parks. The applicant responded to Council’s initial concerns with the proposal and eliminated the possibility of an additional secondary suite in the new house from their plans.
The owners have agreed to offer the following covenant items in support of this application, which could also assist Esquimalt in meeting its commitment to reduce community greenhouse gas emissions:
• A Secondary Suite is permitted in the existing house only (Site A).
• The new house (Site B) will not contain a secondary suite.
• Renovate the existing home by:
o removing all three windows on the west wall of the basement and replace them with two windows designed to satisfy current building code egress requirements from a basement bedroom.
o enclosing the existing basement door and relocating the basement access to the east side of the rear vestibule.
o enclosing the existing rear vestibule door and relocating the door to the west side of the rear vestibule.
o removing the existing rear stairs and constructing new stairs from the new rear vestibule door to grade on the west side of the vestibule.
o installing new insulation and vapour barrier (or equivalent) around the entire basement.
o relocating water and sewer connection locations to facilitate moving the laundry area to under the basement stairs.
o renovate the basement structural supports to accommodate the future installation of a secondary suite consistent with the Proposed Basement Plan [DP3],
prior to the sale of the new lot.
• Build the new building and renovate the old building to achieve BC Energy Step Code, Step 2.
• Install an Electric Vehicle Charger in the new home on Site B.
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 Green Building Checklist [Appendix E].
5. Communication & Engagement
Public Notification:
As this is a rezoning application, and Council has waived the public hearing, a notice was mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property on January 11, 2022. Signs indicating that the property is under consideration for a change in zoning have been placed on the Wychbury Avenue and Kinver Street frontages and have been updated to reflect the date, time, and location of the public hearing (or waived public hearing). Additionally, notice of the proposed change in zoning and public hearing (or waived public hearing) has been placed in two editions of the Victoria News newspaper.
Applicant’s neighbourhood meeting submission:
In lieu of a neighbourhood meeting, at the direction of the Director of Development Services, and with the assistance of staff, on October 25, 2021 a letter was mailed on behalf of the applicant to the owners and residents of properties located within 100 metres of the subject property. This letter provided an opportunity to telephone or email the applicant with any comments or concerns; to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791. The applicant also independently canvased the immediate neighbouring properties in October 2020. That document is attached in Appendix D. There was no additional feedback subsequent to the municipal mailing.
ALTERNATIVES:
1. Council reads Amendment Bylaw No. 3043 a third time and directs staff and legal counsel to coordinate with the property owner to register a S.219 covenant prior to returning Bylaw No. 2999 for consideration of adoption.
2. Council postpone consideration of Bylaw No. 3043 pending receipt of additional information.
3. Council defeats Amendment Bylaw No. 3043.