REQUEST FOR DECISION
DATE: April 11, 2022 Report No. DEV-22-031
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit Application - 530, 534 & 538 West Bay Terrace, and 877 & 879 Dunsmuir Road
End
RECOMMENDATION:
Recommendation
That Council approves Development Permit No. DP000172, attached as Appendix A to Staff Report DEV-22-031, consistent with the architectural plans provided by dHKarchitects, landscape plan provided by LADR Landscape Architects, and sited in accordance with the site plan provided by Polaris Land Surveying, Inc., all stamped “Received March 25, 2022”, and staff be directed to issue the permit and register the notice on the title of the property located at 530 West Bay Terrace [PID 005-090-202, Lot 7, Section 11, Esquimalt District, Plan 11515], 534 West Bay Terrace [PID 000-074-659, Lot 6, Section 11, Esquimalt District, Plan 11515], 538 West Bay Terrace [PID 000-074-594, Lot 5, Section 11, Esquimalt District, Plan 11515], 877 Dunsmuir Road [PID 005-090-181, Lot 2, Section 11, Esquimalt District, Plan 11515], and 879 Dunsmuir Road [PID 000-074-683, Lot 1, Section 11, Esquimalt District, Plan 11515].
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No 2050
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
Local Government Act
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support Community growth, housing, and development consistent with the Township’s Official Community Plan
BACKGROUND:
Appendix A: DP000172
Appendix B: Aerial Map and CD No. 144 Zone
Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
Appendix D: Green Building Checklist
Appendix E: Applicant’s Comments for Development Permit Area Guidelines
Appendix F: Applicant’s Presentation
Appendix G: Staff’s Presentation
PURPOSE OF APPLICATION:
The applicant is proposing to build a multiple-family residential building. Comprehensive Development District No. 144 of Esquimalt Zoning Bylaw 1992, No. 2050 has been written to regulate this development.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 6 - Multi-Family Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, Development Permit Area No. 8 - Water Conservation, and Development Permit Area No. 11 - West Bay. A development permit is required to ensure that the application is generally consistent with the development permit area guidelines contained within the Esquimalt Official Community Plan Bylaw, 2018, No. 2922. Furthermore, the development permit is required prior to a building permit being issued for the construction of a structure.
Evaluation of this application should focus on issues respecting the form and character of the development, including landscaping, exterior design and finish of the buildings and other structures in relation to the relevant design guidelines. In addition, evaluation should focus on natural environment protection, energy conservation, greenhouse gas reduction, and water conservation in relation to the relevant development permit area guidelines.
CONTEXT:
Applicant / Architect: dHK Architects [Alex McCumber]
Owner: Anita Tait
Total Property Size: Metric: 3342 m2 Imperial: 35978 ft2
OCP Present Land Use Designation: Medium Density Residential
OCP Proposed Land Use Designation: Medium Density Residential
Zone: CD-144 [Comprehensive Development District]
Existing Land Use: Multiple-Family Residential [1 Storey]
Proposed Land Use: Multiple Family Residential [6 Storeys]
Surrounding Land Uses:
North: Single Family Residential
South: Multiple Family Residential
East: Single Family Residential and Two Family Residential
West: Multiple Family Residential
CHRONOLOGY:
November 18, 2021 - Development permit application received
April 13, 2022 - Design Review Committee
OCP ANALYSIS:
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 6 - Multi-Family Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, Development Permit Area No. 8 - Water Conservation, and Development Permit Area No. 11 - West Bay. The guidelines of these Development Permit Areas are contained within the Esquimalt Official Community Plan Bylaw, 2018, No. 2922.
As Council is required to consider all the Official Community Plan guidelines from these Development Permit Areas in evaluating this application, the applicant has submitted a document addressing these guidelines [Appendix D].
Development Permit Area No.1 is designated for the purpose of establishing objectives for the protection of the natural environment, its ecosystems and biological diversity.
OCP Section 18.5.2 Natural Features
The soil will be removed and disturbed for the construction of the underground parkade. 2 native cypress trees will be retained while the remainder will be replaced.
OCP Section 18.5.3 Biodiversity
The applicant has included landscaping consistent with these guidelines.
OCP Section 18.5.4 Natural Environment
The applicant has ensured that light pollution is minimized with their selection and installation of light fixtures.
OCP Section 18.5.5 Drainage and Erosion
Rain swales and absorbent landscaping are proposed on the edges of the site.
OCP Section 18.5.7 Native Bird Biodiversity
Habitat features such as mature trees, shrub clusters, and shrubs will be included to protect and enhance native bird biodiversity.
Development Permit Area No.6 is designated for the purpose of establishing objectives for the form and character of multi-family residential development.
OCP Section 23.5 Multi-Family Residential Guidelines
The applicant has taken measures to provide adequate setback. Moreover, the building has been stepped back at the upper storeys. One storey of underground parking is proposed to serve the residences.
Development Permit Area No.7 is designated for the purposes of energy conservation and greenhouse gas reduction.
OCP Section 24.5.1 Siting of buildings and structures
A corner plaza is sited to the northeast of the building.
OCP Section 24.5.2 Form and exterior design of buildings and structures
The applicant is proposing a flat roof with heat rejecting surfaces with deep soffits.
OCP Section 24.5.3 Landscaping
Numerous boulevard trees line the north and east boundaries of the property. Four Paperback Maple trees and four Autumn Brilliance Serviceberry Trees are proposed on the western edge of the property.
OCP Section 24.5.4 Machinery, equipment and systems external to buildings and other structures
The applicant is proposing energy recovery ventilation for cooling and heating, they will use efficient low-energy external lighting. Bicycle parking will be provided in the bicycle storage room in addition to a rack located by the entrance. Furthermore, all the parking spaces will be wired for Level 2 electric vehicle charging stations.
OCP Section 24.5.5 Special Features
The applicant will choose locally sourced building materials and will consider the materials’ ability for reuse.
Development Permit Area No.8 is designated for the purpose of water conservation.
OCP Section 25.5.1 Building and Landscape Design
The applicant states that the site incorporates landscape swales and natural rain mitigating features.
OCP Section 25.5.2 Landscaping - Select Plantings for Site and Local Conditions
The applicant states that the proposed development has given consideration into the selection and placement of plant species consistent with these guidelines, including the planting of native species.
OCP Section 25.5.3 Landscaping - Retaining Stormwater on Site
The applicant states that they are consistent with these guidelines except the avoidance of the disturbing, compacting and removal of natural soils due to the underground parking structure.
OCP Section 25.5.4 Landscaping - Water Features and Irrigation Systems
The applicant states that the proposed development has included automated high efficiency irrigation systems and plantings to Canadian landscape standards.
Development Permit Area No.11 is designated for the West Bay area.
OCP Section 28.5
There is a proposed public plaza dedicated on the northeast corner of the site. Moreover, the ground floor units in residential buildings will be accessible from the fronting street. The rooftop amenity area and the private balconies provide views to the harbour and surrounding area.
ZONING ANALYSIS:
The following chart details some of the notable regulations of Comprehensive Development District No. 144 as part of Zoning Bylaw, 1992, No. 2050 that governs this development.
|
|
CD No.144 Zone |
|
Residential Units |
105 |
|
Floor Area Ratio |
1.9 |
|
Lot Coverage (at the parking level) |
80% |
|
Lot Coverage at or above the First Storey |
51% |
|
Setbacks: |
|
|
Front [Dunsmuir Road] |
7.5 m |
|
Exterior Side [West Bay Terrace] |
7.0 m |
|
Interior Side |
7.5 m |
|
Rear |
7.5 m |
|
Building Height |
21 m [6 storeys] |
|
Off Street Parking |
87 spaces |
COMMENTS FROM THE DESIGN REVIEW COMMITTEE:
This application was considered at the regular meeting of the Design Review Committee held on April 13, 2022. Members generally liked the building materials and landscaping; however, they would like to see the applicant achieve a higher step in the BC Energy Step Code. Currently the applicant is proposing to build to Step 2 of the BC Energy Step Code.
The Design Review Committee resolved unanimously that the application be forwarded to Council with a recommendation to approve with the following condition:
• Consideration of achieving Step 4 of the BC Energy Step Code
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
Building to be constructed to requirements of BC Building Code and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a building permit application.
Engineering Services:
Engineering has completed a preliminary review of the proposed development and have the following comments:
1. Completion of Works and Services
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:
• Deposits with the municipality a security deposit in the amount of 120% of the estimated construction cost, and
• Enters into a servicing agreement with the municipality.
2. Serviceability
A preliminary review reveals that the subject properties are connected to the municipal sewer and drain systems. The proposed development is to have services as per Bylaw 2175 (Subdivision and Development Control Bylaw) including, but not limited to new sewer and drain service connections, new curb/gutter/sidewalk along frontages, and underground H/T/C to the proposed development. Loading zone should be encouraged on site.
3. Engineering
The applicant is responsible for retaining the services of a qualified professional for the design and construction supervision of all works and services, including construction cost, engineering fees, and administrative fees as indicated in Bylaw 2175. A sewer capacity assessment report is required. There are existing sewer capacity issues downstream of the proposed development and onsite sewer attenuation may be required. Other options are for the developer to reduce the amount of I & I into the sewer system equivalent to the increase in sewer flow from the proposed development, or contribute a cash equivalent to the cost to reduce such I & I.
4. Additional comments
There is not room for proposed trees between the 1.8m sidewalk and property line on the West Bay Terrace frontage between the lobby entrance and parking entrance due to existing and proposed underground services. Engineering has received the preliminary Civil Engineering design and will be working with the Developer’s Engineer to finalize the design and cost estimate.
Parks:
Parks staff has completed a preliminary review of the proposed on-site and off-site landscaping and commented that a tree cutting permit application is required for all trees to be removed. All trees that are to be retained, including boulevard trees, must have tree protection fencing erected at the drip line.
Moreover, parks staff requests that all trees on the property and Township boulevard be delineated on the survey. The survey should include the tag number and whether the tree is proposed to be retained or removed. Parks staff comments that the provided landscape plan is adequate.
Fire Services:
Fire Department requires fire flow calculation to be shown. Depending on the current flow, an upgraded water main may be necessary. Moreover, additional fire hydrants may be necessary to meet the requirements of the fire department connection location. The power lines need to be underground for half the length along West Bay Terrace.
ISSUES:
1. Rationale for Selected Option
The proposed development conforms to Zoning Bylaw, 1992, No. 2050 and is generally consistent with the development permit area guidelines where applicable and feasible.
2. Organizational Implications
This request for decision has no significant organizational implications.
3. Financial Implications
This request for decision has no significant organizational implications.
4. Sustainability & Environmental Implications
The applicant has completed the Esquimalt Green Building Checklist [Appendix D].
5. Communication & Engagement
As this is a Development Permit application requiring no variances, the Local Government Act does not require that notification be provided.
ALTERNATIVES:
1. That Council approves Development Permit No. DP000172, and staff be directed to issue the permits and register the notices on the title of the property.
2. That Council denies Development Permit No. DP000172 with reasons.