REQUEST FOR DECISION
DATE: November 21, 2018 Report No. DEV-18-082
TO: Laurie Hurst, Chief Administrative Officer
FROM: Janany Nagulan, Planner & Bill Brown Director of Development Services
SUBJECT:
Title
Development Permit and Development Variance Permit, 955 Craigflower Road (“Esso”)
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000103 [Appendix A] permitting multiple rebranding signs for the existing Esso gas station consistent with signage plans stamped “Received May 9, 2018” and site plan prepared by Fuel Marketing Asset Management - Engineering Services stamped “Received May 9, 2018”, be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 955 Craigflower Road [PID 018-042-104, Lot A, Section 10, Esquimalt District, Plan VIP55645]; and
That Council resolves that Development Variance Permit No. DVP00079 [Appendix B] authorizing rebranding signs consistent with signage plans stamped “Received May 9, 2018” and site plan prepared by Fuel Marketing Assets Management - Engineering Services all stamped “Received May 9, 2018”, and including the following variances 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 955 Craigflower Road [PID 018-042-104, Lot A, Section 10, Esquimalt District, Plan VIP55645]:
Sign Regulation Bylaw, 1996, No. 2252, 6.1 (i) - Prohibitions: To increase the requirement of no more than 3 types of signs on a site to allow no more than 4 types of signs on the site, specifically for signage around the existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.1 - Freestanding Signs - Number Permitted: To increase the requirement to allow the number of free standing signs on site from 1 to 2 freestanding signs, specifically to be located beside existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.2 (a) - Freestanding Signs - Location: A 15m decrease to the requirement to allow for freestanding signs to be located within 30m of residential zones, specifically for signs to be located beside existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.2 (c) - Freestanding Signs - Location: To be exempt from the requirement that all freestanding signs shall be sited in a landscaped area to be at least equal in size to the Sign Area;
Sign Regulation Bylaw, 1996, No. 2252, 9.12.1 - Projecting Signs - Number Permitted: To allow the number of projecting signs from only one per business on a premise, to ten projecting signs per business specifically to be located near existing gas pumps; and
Sign Regulation Bylaw, 1996, No. 2252, 9.12.4 (a) - Projecting Signs - Sign Placement Area: To decrease the minimum placement distance above ground from 2.75m to 1.2m above ground specifically for those signs to be located near the existing gas pumps.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
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: DP000103
Appendix B: DVP00079
Appendix C: Signage Plan, Site Photos, and Site Plan
Appendix D: Letter from Applicant Addressing OCP Guidelines
Appendix E: Air Photo, Subject Property Map, Mail Notice
Purpose of the Application
The applicant is proposing to install new signage above and beside existing gas pumps at the existing gas station located at 955 Craigflower Road. The proposed signs include fascia signs, freestanding signs, projecting signs and posters. Due to the property being in several Development Permit Areas, a development permit is required. Also due to the signs not meeting the regulations within the Sign Regulation Bylaw a development variance permit is required before a building (sign) permit can be issued.
Context
Applicant: Joey Matwychuk
Owner: Jason Belt, 7-Eleven Canada Inc.
Property Size: Metric: 2867.43 m2 Imperial: 30864.75 ft2
Existing Land Use: Gas Service Station/ Convenience Store
Surrounding Land Uses:
North: Gas Service Station/ Convenience Store
South: Two Family Small Lot Residential & Single Family Residential
West: Commercial: Golf Course
East: Commercial: Single Family Residential
Present OCP Designation: Neighbourhood Commercial Mixed-Use
Proposed OCP Designation: Neighbourhood Commercial Mixed-Use
Zoning: C-4 [Service Station Commercial]
Development Permit Guidelines
The property is within the following Development Permit Areas:
• Development Permit Area No.1 - Natural Environment
• Development Permit Area No. 4 - Commercial
• Development Permit Area No. 7 - Energy Conservation and Green Gas Reduction
• Development Permit Area No. 8 - Water Conservation
The guidelines of these Development Permit Areas are contained within the Esquimalt Official Community Plan Bylaw, 2018, No.2922.
The following is a list of Official Community Plan guidelines to consider in evaluating this application.
OCP Section 18 Development Permit Area No. 1 - Natural Environment
• No applicable guidelines as the proposal is for an existing development with no changes to the Natural Environment.
OCP Section 21 Development Permit Area No. 4 - Commercial
• No applicable guidelines as the proposal is for an existing development with no changes to the commercial area.
OCP Section 24 Development Permit Area No. 7 - Energy Conservation & Green
24.5.5 Special Features
Where it is feasible:
1. Select building materials that have been shown to have a high level of durability for the use intended.
3. Select local regionally manufactured building products whenever possible to reduce transportation costs.
5. Choose materials that have a high likelihood of reuse or recycling at the end of life.
OCP Section 25 Development Permit Area No. 8 - Water Conservation
• No applicable guideline as the proposal is for an existing development where there are no changes to the landscaping.
Comments from the Advisory Design Review Committee [DRC]
The application was considered at the regular meeting of the DRC held on Wednesday, September 12, 2018. The DRC passed a motion recommending to Council that the application for a Development Permit and Development Variance Permit permitting multiple signs for the existing Esso gas station consistent with plans stamped “Received May 9, 2018” and Site Plans prepared by Fuel Marketing Asset Management - Engineering Services stamped “Received May 9, 2018” and to include the following variances for the property at 955 Craigflower Road [PID 018-042-104, Lot A, Section 10, Esquimalt District, Plan VIP55645] be forwarded to Council with a recommendation for approval as the proposal is within expectations for a gas station and provides safety information.
Sign Regulation Bylaw, 1996, No. 2252, 6.1 (i) - Prohibitions: To increase the requirement of no more than 3 types of signs on a site to allow no more than 4 types of signs on the site, specifically for signage around the existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.1 - Freestanding Signs - Number Permitted: To increase the requirement to allow the number of free standing signs on site from 1 to 2 freestanding signs, specially to be located beside existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.2 (a) - Freestanding Signs - Location: A 15 metre decrease to the requirement, to allow for freestanding signs to be located within 30 metre of residential zone, specifically for signs to be located beside existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.2 (c) - Freestanding Signs- Location: To be exempt from the requirement that all freestanding signs shall be sited in a landscaped area to be at least equal in size to the Sign Area;
Sign Regulation Bylaw, 1996, No. 2252, 9.12.1 - Projecting Signs - Number Permitted: To allow the number of projecting signs from only one per business on a premise, to ten projecting signs per business specifically to be located near existing gas pumps; and
Sign Regulation Bylaw, 1996, No. 2252, 9.12.4 (a) - Projecting Signs - Sign Placement Area: To decrease the minimum placement distance above ground from 2.75m to 1.2m above ground specifically for those signs to be located near the existing gas pumps.
Comments from the Advisory Planning Commission [APC]
The application was considered at the regular meeting of the APC held on Tuesday, September 25, 2018. The APC passed a motion recommending to Council that the application for a Development Permit and Development Variance Permit permitting multiple rebranding signs for the existing Esso gas station consistent with plans stamped “Received May 9, 2018” and Site Plans prepared by Fuel Marketing Asset Management - Engineering Services stamped “Received May 9, 2018” and to include the following variances for the property at 955 Craigflower Road [PID 018-042-104, Lot A, Section 10, Esquimalt District, Plan VIP55645] be forwarded to Council with a recommendation by the Esquimalt Advisory Planning Commission to approve as the impact of the proposed signage is minimal.
Sign Regulation Bylaw, 1996, No. 2252, 6.1 (i) - Prohibitions: To increase the requirement of no more than 3 types of signs on a site to allow no more than 4 types of signs on the site, specifically for signage around the existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.1 - Freestanding Signs - Number Permitted: To increase the requirement to allow the number of free standing signs on site from 1 to 2 freestanding signs, specially to be located beside existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.2 (a) - Freestanding Signs - Location: A 15 metre decrease to the requirement, to allow for freestanding signs to be located within 30 metre of residential zone, specifically for signs to be located beside existing gas pumps;
Sign Regulation Bylaw, 1996, No. 2252, 9.8.2 (c) - Freestanding Signs - Location: To be exempt from the requirement that all freestanding signs shall be sited in a landscaped area to be at least equal in size to the Sign Area;
Sign Regulation Bylaw, 1996, No. 2252, 9.12.1 - Projecting Signs - Number Permitted: To allow the number of projecting signs from only one per business on a premise, to ten projecting signs per business specifically to be located near existing gas pumps; and
Sign Regulation Bylaw, 1996, No. 2252, 9.12.4 (a) - Projecting Signs- Sign Placement Area: To decrease the minimum placement distance above ground from 2.75m to 1.2m above ground specifically for those signs to be located near the existing gas pumps.
ISSUES:
1. Rationale for Selected Option
The proposed signage will have minimal impact on the surrounding area. It was supported by both the Advisory Planning Commission and Design Review Committee.
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.
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 November 9, 2018 indicating that Council would be considering the requested Development Variance Permit on November 26, 2018. 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. DP000103 [Appendix A] and Development Variance Permit No. DVP00079 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at 955 Craigflower Road, [PID 018-042-104, Lot A, Section 10, Esquimalt District, Plan VIP 55645].
2. That Council resolves that Development Permit No. DP000103 [Appendix A], be amended as directed, and that some of the variances included in Development Variance Permit No. DVP00079 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at 955 Craigflower Road, [PID 018-042-104, Lot A, Section 10, Esquimalt District, Plan VIP 55645].
3. That Council deny Development Permit No. DP000103 [Appendix A] and Development Variance Permit No. DVP00079 [Appendix B] with reasons.