REQUEST FOR DECISION
DATE: August 05, 2022 Report No. DEV-22-071
TO: Laurie Hurst, Chief Administrative Officer
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Official Community Plan Amendment and Rezoning Application - 553 Paradise Street
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Official Community Plan Bylaw, 2018, No. 2922 Amendment Bylaw, 2022, No. 3059, attached as Appendix ‘A’ to Staff Report DEV-22-071, which would amend Official Community Plan Bylaw, 2018, No. 2922, by changing Schedule H being the Development Permit Areas Map by changing the designation of 553 Paradise Street [PID 009-172-971, Lot 3, Block G, Section 11, Esquimalt District, Plan 292], shown cross-hatched on Schedule ‘A’ of Bylaw No. 3059, from DPA No. 6 Multi-Family Residential to DPA No. 3 Enhanced Design Control Residential be given third reading; and
2. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3060 attached as Appendix ‘B’ to Staff Report DEV-22-071, which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 553 Paradise Street [PID 009-172-971, Lot 3, Block G, Section 11, Esquimalt District, Plan 292], shown cross-hatched on Schedule ‘A’ of Bylaw No. 3060, from Single Family Residential [RS-1] to Single Family DADU Residential [RS-6] be given third reading.
Body
RELEVANT POLICY:
Declaration of a 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
STRATEGIC RELEVANCE:
Healthy, Livable, and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan (OCP)
BACKGROUND:
Appendix A: Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2022, No. 3059
Appendix B: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3060
Appendix C: Architectural Drawings, Concept Landscape Plan, and BCLS Site Plan
Appendix D: Site Plan, Air Photo, OCP DP Area, Zoning map
Appendix E: Applicant’s Green Building Checklist
Appendix F: Official Community Plan Amendment Consultation Responses
Appendix G: Applicant’s Community Consultation Summary (August 18, 2021)
Appendix H: Staff Presentation to Council
Appendix I: Applicant’s Presentation to Council
TIMELINE
August 3, 2021 - Application submitted
December 21, 2021 - Advisory Planning Commission Meeting
January 24, 2022 - Official Community Plan Amendment Consultation List approved by Council
March 21, 2022 - Council gives first and second reading
PURPOSE OF APPLICATION
This amendment application seeks to change Schedule “H” of the OCP, being the Development Permit Areas map, from DPA No. 6 - Multi-Family Residential to DPA No. 3 - Enhanced Design Control Residential to ensure the requested change in zoning is consistent with the OCP; and a change in zoning from Single Family Residential [RS-1] to Single Family DADU Residential [RS-6], to accommodate the proposal for a DADU as a secondary use to the existing Single Family Dwelling on the property.
Evaluation of this application should focus on the appropriateness of the change in development permit area from Multi-Family Residential to Enhanced Design Control Residential for this location and on issues relevant to zoning such as the proposed height, density, massing, proposed unit size, siting, setbacks, lot coverage, useable open space, parking, fit with the neighbourhood, and consistency with the overall direction contained within the Official Community Plan.
Specific form and character issues relating to the aesthetics of the building, such as cladding materials, window materials, railings, fencing, doorways, and detailed landscaping will be evaluated in a separate application for Development Permit should this Official Community Plan amendment and rezoning application be approved by Council.
CONTEXT
Applicant: Mavericks Solutions Ltd.
Owners: Christopher Moore and Kerri Moore
Designer: Mavericks Solutions Ltd.
Property Size: Metric: 560.46 m2 Imperial: 6032.74 ft2
OCP Present Land Use Designation: Low Density Residential [No change proposed]
OCP Proposed Land Use Designation: Townhouse Residential [No change proposed]
Existing Zoning: Single Family Residential [RS-1]
Proposed Zoning: Single Family DADU Residential [RS-6]
Existing Land Use: Single Family Residential
Proposed Land Use: Single Family Residential with Detached Accessory Dwelling Unit
Surrounding Land Uses:
North: Single Family Residential
South: Multi Family Residential and Commercial Mixed Use
East: Single Family Residential
West: Single Family Residential
OCP ANALYSIS
The proposed amendment to the OCP and Zoning bylaws is to authorize the construction of a Detached Accessory Dwelling Unit. Council can only approve rezoning that is consistent with the Official Community Plan, therefore the requested change to Appendix H Development Permit Areas, of the Official Community Plan Bylaw, 2018, No. 2922, from DPA No. 6 - Multi-Family Residential, to DPA No. 3 - Enhanced Design Control Residential must be considered for approval concurrent to the proposed rezoning.
The following OCP objectives and policies can be useful in evaluating this proposal.
OCP Section 5.1 Anticipated Housing Needs in the Next 5 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 inclusion of detached accessory dwelling units on appropriate low density residential land use designated areas where only one principal dwelling unit exists.
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
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.
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 placement of new rental, affordable, special needs, and seniors housing in accordance with designated residential land use areas as they are integral components of inclusive neighbourhoods.
11.3.2 New Development
Objective: To encourage the inclusion of bicycle facilities in new developments.
Policy
Encourage developers to provide a variety of end of trip facilities for active transportation.
13.3.3 Building Energy Efficiency
Objective: To reduce building emissions by increasing energy efficiency in new buildings.
Policy
Encourage the adoption of passive, efficient, and renewable energy systems in new buildings and during building retrofits.
13.3.6 Passenger Vehicle Alternatives
Objective: To reduce impact of motor vehicles that derive energy from fossil fuels by increasing capacity for alternative fueling and sharing.
Policy
Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
The following design guidelines in OCP Section 20 Development Permit Area No. 3 Enhanced Design Control Residential can also be useful in evaluating this proposal:
20.6.2 Massing
1. 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.
20.6.3 Privacy/Screening/Shadowing
3. Infill dwellings should be sited to minimize the casting of shadows on to the private outdoor space of adjacent residential dwellings.
20.6.5 Private Open/Yard Space
1. Any proposal for single-unit infill housing should provide for usable, private outdoor areas for each dwelling, at grade.
In addition, the Zoning Bylaw contains the following DADU specific design guidelines which can be useful in evaluating this proposal:
(a) The entrance to the Detached Accessory Dwelling Unit shall be oriented to and visible from the street, well-lit and provide protection from the elements by either a projecting roof or by recessing the front door.
Front door of DADU faces and is visible from the street.
(c) A minimum 1.2 m wide, unobstructed pathway shall be provided to the front door of the Detached Accessory Dwelling Unit from the street; for certainty, this cannot also be a driveway.
1.2m wide unobstructed pathway provided from DADU to street, separate from driveway.
(h) Siting should respect mature trees both on-site and on adjacent properties by locating the Detached Accessory Dwelling Unit to minimize the impact on a tree’s root system. A certified arborist report may be required as part of the application.
No trees impacted by this proposal.
ZONING ANALYSIS
The following chart compares the requirements of the Single Family Residential [RS-1] Zone to the proposed Single Family DADU Residential [RS-6] Zone. The proposed Detached Accessory Dwelling Unit complies with the zoning requirements of the RS-6 Zone.
|
|
RS-1 Zone |
RS-6 Zone |
Proposed |
|
Minimum Parcel Size |
530m2 |
530m2 |
560.5m2 |
|
Floor Area Ratio (FAR) |
0.35 |
0.35 |
0.35 |
|
Lot Coverage |
30% (all buildings and structures) |
30% (all buildings and structures) 10% (accessory & DADU) |
30% (all buildings and structures) 8.7% (accessory & DADU) |
|
Lot Coverage Rear Yard (DADU & Accessory) |
-- |
25% |
20.4% |
|
Setbacks - Front / Rear / Side |
Principal - 7.5m / 7.5m / 3m/1.5m |
DADU - Behind front face of principal |
DADU - Behind front face of principal / 1.5m / 1.5m/7.7m (9.2m total) |
|
Building Separation |
-- |
DADU 2.5m from principal |
DADU 10.82m from principal |
|
Off Street Parking |
2 |
2 |
2 |
PARKING ANALYSIS
Parking in the proposed RS-6 Zone is to be provided in accordance with the requirements of Parking Bylaw 1992, No. 2011. The Parking Bylaw requires 1 parking space per dwelling unit for Single Family. One parking space is provided in the driveway for the existing single family dwelling, as is permitted under the Parking Bylaw given the age of the home. One parking space for the DADU is provided in tandem (stacked) with the principal unit’s parking space. The parking provided meets the parking requirements in the Parking Bylaw.
COMMENTS FROM OTHER DEPARTMENTS
Community Safety Services (Building Inspection):
The project will likely require the involvement of a structural engineer. Insulation and vapour barrier to floor, walls, and ceiling must be made to comply with the current code, as may other items. Plans will be reviewed for compliance with BC Building Code and Bylaws upon submission of a building permit application.
Engineering Services:
Engineering Services has completed a preliminary review of the proposed development and have the following comments:
• 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:
o Deposits with the Municipality a Security Deposit in the amount of 120% of the estimated construction cost, and
o Enters into a Servicing Agreement with the Municipality.
• A preliminary review reveals that the subject property is connected to the Municipal Sewer and Drain Systems. The proposed development is to have Services as per Bylaw No. 2175 service connection to the proposed development. Applicant to confirm water servicing requirements with City of Victoria.
• No information pertaining to the age or condition of the existing sewer and drain service connections were found. A Test and Clear of the existing sewer and drain service connections will be required to determine if the existing can be used, or new connections are required. No additional Works and Services will be required for this development.
Parks:
Parks staff have completed a preliminary review of the proposed landscape plan and have the following comments:
• A tree cutting permit application must be submitted for all trees requested to be removed. No trees are to be removed without an approved tree cutting permit.
• Tree protection fencing must be erected, at the dripline, for all trees (including Boulevard trees) in the construction area, prior to any work commencing.
Fire Services:
Fire Services staff have completed a preliminary review of the proposed plans and have the following comments:
• The DADU be numbered as per the Esquimalt numbering convention for accessory dwellings.
• Wayfinding signage be obvious for the street frontage and throughout the property if necessary.
• Fire department access path to be provided from the Paradise Street frontage to the front door of the DADU.
• Access path to be a solid foundation and no less than 1,100mm wide.
• Access path to be lit.
The applicant has amended the access path as recommended.
COMMITTEE RECOMMENDATIONS
Recommendation from the Advisory Planning Commission (APC).
This application was considered at the regular meeting of the APC held on December 21, 2021.
The Esquimalt Advisory Planning Commission (APC) recommended that the Official Community Plan amendment and the associated rezoning application at 553 Paradise be forwarded to Council with a recommendation to approve the application based on the following reasons:
• represents gentle density and adds additional rental housing stock.
ISSUES:
1. Rationale for Selected Option
The application is consistent with the Present Land Use Designation of the subject property. Approval of this OCP amendment and rezoning would add gentle density in the form of a DADU to an existing low density neighbourhood and add rental accommodation and housing choice to the area.
2. Organizational Implications
This request for recommendation has no significant organizational implications.
3. Financial Implications
This request for recommendation has no significant financial implications.
4. Sustainability & Environmental Implications
The applicant has provided the Township Green Building Checklist identifying features this application intends to include [Appendix E].
5. Communication & Engagement
As this is an Official Community Plan amendment and rezoning application, notice of the Public Hearing has been mailed to tenants and owners of properties within 100m (328 ft) of the subject property. Additionally, notice of the Public Hearing has been placed in two editions of the Victoria News. Signs indicating that the property is under consideration for a change in OCP Designation and zoning have been placed on the Paradise Street frontage of the property and would be updated to reflect the date, time and location of the Public Hearing.
Applicant Public Meeting
The applicant engaged via letter with property owners and occupants within 100m of the subject property seeking feedback on the proposed development to comply with the public consultation procedures of Development Application Procedures and Fees Bylaw, 2012, No. 2791. A Public Meeting was held on the subject property on August 18, 2021 from 6:30 to 7:30 p.m. The applicant’s summary of their community consultation is attached as Appendix G.
OCP Amendment Stakeholder Consultation
In order to satisfy the requirements of the Local Government Act, a notice to relevant government and institutional stakeholders within the Capital Region seeking feedback on the proposed OCP amendment was mailed on January 31, 2022, after Council approved the list of recipients on January 24, 2022. One response was received from the Capital Regional District Integrated Water Services [Appendix F]
ALTERNATIVES:
1. That Council resolve that Official Community Plan Bylaw, 2018, No. 2922, Amendment Bylaw, 2022, No. 3059 attached to Staff Report DEV-22-071 as Appendix A, be considered for third reading; and that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3060, attached to Staff Report DEV-22-071 as Appendix B be considered for third reading.
2. That Council postpone consideration of Bylaw No. 3059 and Bylaw No. 3060 pending receipt of additional information.
3. That Council defeat Bylaw No. 3059 and Bylaw No. 3060.