REQUEST FOR DECISION
DATE: April 13, 2022 Report No. DEV-22-033
TO: Laurie Hurst, Chief Administrative Officer
FROM: Yvonne Mitchell, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application and Addition to the Esquimalt Heritage Register - 1253 Lyall Street
End
RECOMMENDATION:
Recommendation
1. That Council not hold a Public Hearing pursuant to Local Government Act, Section 464(2) for Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3057 (Appendix A), which would amend Zoning Bylaw, 1992, No. 2050, by changing the zoning designation of 1253 Lyall Street [PID 000-158-992; Lot 6, Block A, Suburban Lot 49, Esquimalt District, Plan 772], shown cross-hatched on Schedule ‘A’ of Bylaw No. 3057, from Two Family DADU Residential [RD-4] to Comprehensive Development District No. 148 [CD No. 148], and direct staff to proceed with appropriate public notification and return the bylaw to Council for consideration of first and second reading; and
2. That 1253 Lyall Street [PID: 000-158-992; Lot 6, Block A, Suburban Lot 49, Esquimalt District, Plan 772] be added to the Esquimalt Heritage Register and that the Statement of Significance [Appendix G] be accepted as presented.
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
STRATEGIC RELEVANCE:
Healthy, Livable, and Diverse Community - Support community growth, housing, and development consistent with our Official Community Plan.
Support the arts, culture and heritage community
BACKGROUND:
Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3057
Appendix B: s.219 Covenant
Appendix C: Subject Property, OCP and Zoning Maps, RS-1 Zone
Appendix D: BCLS Site Plan, Architectural Plans, Preliminary Landscape Plan
Appendix E: Applicant’s Green Building Checklist
Appendix F: Applicant’s Community Consultation Summary
Appendix G: Statement of Significance
Appendix H: Staff Presentation to Council
Appendix I: Applicant’s Presentation to Council
TIMELINE:
May 25, 2020: Application received
August 10, 2020: Revised plans received
September 22, 2020: Advisory Planning Commission Meeting
January 5, 2022: Neighbourhood Consultation Meeting notices sent
PURPOSE OF THE APPLICATION:
The applicant is requesting a change in zoning from Two Family DADU Residential [RD-4] to a Comprehensive Development District Zone [CD No. 148] to facilitate the future subdivision of the lot and the construction of a new single-family home to the 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, and the property is within the applicable Development Permit Areas, so no OCP amendment is required for Council to consider this application.
Heritage Significance
In 2009 when Council created the Community Heritage Register, 1253 Lyall Street was identified as a priority for addition to the Register. 1253 Lyall Street was also identified as a heritage asset in the 1984 document “Built Heritage in Esquimalt, An Inventory”.
The current owner has indicated a willingness to add the home to the Community Heritage Register.
The Statement of Significance (SOS) for 1253 Lyall Street is attached as Appendix F.
The owner has also agreed to protect the heritage value of the existing dwelling by s.219 covenant [Appendix B]. The items of the s.219 covenant are summarized below:
1. No secondary suites permitted.
2. Repair and improvement of existing dwelling:
• Rear addition demolished and install new rear doorway, stoop, stairs, railings, and install/replace windows in accordance with plans.
• Repaint the entire exterior.
3. The exterior of the existing house, post repair and improvement, and remaining portion of the stone wall, post accommodation of new driveway, protected (future alterations to 1253 Lyall Street would require a heritage alteration permit).
4. No subdivision unless existing dwelling repaired and improved.
Evaluation of this application should focus 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 rezoning application be approved by Council.
CONTEXT:
Applicant: Daniel Arias
Owner: Daniel Arias
Designer: Hartmann’s Drafting and Design
Property Size: Metric: 668m2 Imperial: 7190ft2
OCP Present Land Use Designation: Low Density Residential
OCP Proposed Land Use Designation: Low Density Residential
Zone: Two Family DADU Residential [RD-4]
Existing Land Use: Single Family Residential
Proposed Land Use: Single Family Residential
Surrounding Land Uses:
North: Two Family Residential
South: Single Family Residential
East: Single Family Residential
West: Single Family Residential
OCP ANALYSIS:
The proposed development of a subdivision of the existing lot to accommodate an additional single-family dwelling is consistent with both the OCP Present Land Use Designation and the Proposed Land Use Designation of ‘Low Density Residential’.
The following OCP objectives and policies are relevant to evaluation of this proposal:
OCP Section 5 Housing and Residential Land Use
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 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.
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.
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 provision of missing middle housing types such as two-unit dwellings (duplexes), townhouses and small lot infill as one avenue to address housing affordability.
OCP Section 15 Arts, Culture & Heritage
15.2.1 Heritage Values
OBJECTIVE: To ensure that community heritage values are considered in all land use decisions.
Policy
Use the Heritage Values provided in Appendix 1 as a guiding document when considering the impact of land use decisions on the community’s heritage.
Policy
Properties identified with community heritage value or character will be considered for addition to Esquimalt’s Community Heritage Register.
Policy
Consider Statements of Significance for formally recognized heritage properties when rendering land use decisions.
Policy
Consider impacts to potential heritage resources when making land use decisions.
Celebrate Esquimalt’s Heritage
OBJECTIVE: To respect the Township’s proud history by celebrating and thereby enhancing community member’s connections to the past.
Policy
Continue to support well maintained private properties, having heritage value or character through the application of various land use tools.
15.2.2 Heritage Preservation and Conservation
OBJECTIVE: To create a highly desired urban environment and strong sense of place.
Policy
Support new additions to heritage property that conserve and enhance that property, as consistent with the Standards and Guidelines for the Conservation of Historic Places in Canada.
Policy
Work with property owners to develop Heritage Designation Bylaws, Conservation Covenants and Heritage Revitalization Agreements during redevelopment.
Policy
Consider using the provisions of the Community Charter and Local Government Act to promote the conservation, rehabilitation and maintenance of heritage resources.
Development Permit Area 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 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
DPA No. 1 Natural Environment
18.5.2 Natural Features
• 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.
DPA No. 3 Enhanced Design Control Residential
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
• Proposals for single-unit infill housing must include a landscape plan showing hard landscaping (i.e., parking areas, fences, and patios) as well as lawns, trees, shrubs, planting areas and proposed plant species.
• 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.
DPA No. 7 Energy Conservation and Greenhouse Gas Reduction
24.5.1 Siting of buildings and structures
• 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
• 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
• Reuse of existing buildings and building materials is encouraged.
DPA No. 8 Water Conservation
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping)
• 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 on the subject property is Two Family DADU Residential [RD-4] and allows for a Single-Family Dwelling with a Detached Accessory Dwelling Unit (DADU), or a Two Family Dwelling.
The applicant is proposing to retain the existing Single-Family Dwelling and through subdivision construct a three-bedroom Single Family Dwelling to the south of the existing dwelling. The proposal does not include Secondary Suites and the applicant has voluntarily offered a covenant to ensure Council that there would be no more than two dwellings at the location in the future.
The proposed Comprehensive Development District Zone would contain the following uses: single family residential, home occupation, boarding, and urban hens.
The following table compares the requirements of the Single Family Residential Zone [RS-1] to the proposed Comprehensive Development District Zone:
|
|
Single Family Residential [RS-1] |
Proposed CD Zone [CD No. 148] |
|
|
|
Lot A [Existing Single Family Dwelling] |
Lot B [Proposed Single Family Dwelling] |
|
Minimum Parcel Size |
530m2 |
403m2 |
263m2 |
|
Minimum Lot Width |
16m |
18.25m |
14.44m |
|
Floor Area Ratio |
0.35 |
0.43 |
0.24 |
|
Lot Coverage |
30% |
26% |
28% |
|
Setbacks • Front • Interior Side • Exterior Side • Rear |
• 7.5m • 3m/1.5m • 3.6m • 7.5m |
• 6.8m • 1.15m • 5.9m • 1.6m |
• 5.5m • 2.0m/3m • N/A • 5m (3.6m to basement stairs). |
|
Building Height |
7.3m |
7.34m |
6.58m |
|
Off Street Parking |
1 space per dwelling unit |
1 space per dwelling unit |
1 space per dwelling unit |
Parcel Size: Lot B for the proposed single-family dwelling is smaller than permitted in the comparable Single Family Residential Zone [RS-1] at 263m2. Lot B is limited in size given the current siting of the existing historic home and the need to accommodate sufficient setbacks between the dwellings.
Floor Area Ratio (FAR): The FAR for the existing Single-Family Dwelling is larger than permitted in the comparable Single Family Residential Zone [RS-1]. This is due to how FAR is calculated in Zoning Bylaw, 1992, No. 2050. The ceiling of the basement in this existing historic home is slightly more than 1.2m above the ground which means it cannot be exempted in calculating FAR. If the basement had been dug into the ground more, it would be able to be exempted and the existing dwelling would meet the 0.35 FAR requirement.
PARKING ANALYSIS:
The parking provided meets the requirements of Parking Bylaw 1992, No. 2011. On Lot A, one parking space is provided behind the front face of the principal building in a driveway. On Lot B, one parking space is provided behind the front face of the principal building in an attached garage.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection)
• No concerns. Project will be subject to review current BC Building Code and municipal bylaw compliance at the time of a Building Permit application.
Engineering Department
• 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 draining into the yard. A complete suite of new services would be required for each lot should this application be approved.
Parks Department
• 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 possible for neighbours trees. Suggesting adding trees to the proposed landscaping to offset any trees removed as part of construction of the project.
Fire Department
• No concerns.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
At its regular meeting held Tuesday, September 22, 2020, the Esquimalt Advisory Planning Commission [APC] recommended that the rezoning be forwarded to Council with a recommendation to approve based on the following reasons:
The proposal fits well with the character of the neighborhood, and the lot size is reasonable.
ISSUES:
1. Rationale for Selected Option
Recent changes to the Local Government Act have removed the default requirement to hold public hearings for zoning bylaw amendments consistent with an official community plan. As per s.464 of the Local Government Act a local government is not required to hold a public hearing on a proposed zoning bylaw consistent with the Official Community Plan. The proposed Zoning Bylaw Amendment is consistent with the OCP and has received a recommendation for approval from the Advisory Planning Commission.
For addition of the property to the Esquimalt Heritage Register, the existing house is a community heritage asset that currently has no protection measures in place. The Owner has indicated support for the inclusion of the property on the Esquimalt Heritage Register.
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 no sustainability or environmental Implications.
5. Communication & Engagement
Community Consultation Meeting
On January 5, 2022, 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. Given COVID-19 public health orders at the time an in person public meeting was not able to be held. In lieu of a public meeting the applicant provided their phone number in the letter for questions and comments. One comment was received by the applicant [Appendix F].
Public Hearing
As per s.467 of the Local Government Act if Council decides to not hold a Public Hearing on the proposed Zoning Bylaw Amendment, a notice would be mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property, and notice would be placed in two editions of the Victoria News. Signs indicating that the property is under consideration for a change in zoning have been placed on the Lyall Street and Admirals Road frontages and would be updated to reflect that a Public Hearing will not be held.
Alternatively, if Council decides to hold a public hearing of the proposed Zoning Bylaw Amendment, a notice would be mailed to tenants and owners of properties within 100 metres (328 feet) of the subject property, notice of the Public Hearing would be placed in two editions of the Victoria News, and the signs on the property frontages would be updated to reflect the time and date of the Public Hearing.
Community Heritage Register
No public engagement is required when considering addition of a property to a Community Heritage Register.
ALTERNATIVES:
1. That Council does not hold a public hearing for Bylaw No. 3057 and authorizes staff to proceed with appropriate public notification and return the bylaw to Council for consideration of first and second reading; and the property be added to the Esquimalt Heritage Register and that the Statement of Significance be accepted as presented.
2. That Council resolves that Bylaw No. 3057 be given first and second reading, that Council authorizes the Corporate Officer to schedule a Public Hearing, mail notices and advertise for the same in the local newspaper; staff be directed to coordinate with the property owner to ensure a s.219 covenant is registered on the title of the subject properties prior to returning Bylaw No. 3057 to Council for consideration of adoption; and the property be added to the Esquimalt Heritage Register and the Statement of Significance be accepted as presented.
3. That Council deny first and second reading of Bylaw No. 3057