REQUEST FOR DECISION
DATE: June 19, 2023 Report No. DEV-23-040
TO: Dan Horan, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 820 Esquimalt Road, 833 & 837 Old Esquimalt Road
End
RECOMMENDATION:
Recommendation
1. That Council amend and give second reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2023, No. 3103 and direct staff to schedule a Public Hearing; and
2. That a Section 219 Covenant be registered on title to secure the items outlined in Staff Report No. DEV-23-040 prior to consideration of adoption of Zoning Amendment Bylaw No. 3103.
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
Green Building Checklist
STRATEGIC RELEVANCE:
Healthy, Livable 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, 2022, No. 3103
Appendix B: Aerial Map
Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
Appendix D: Green Building Checklist
Appendix E: Parking Study
Appendix F: Traffic Impact Assessment
Appendix G: Construction Impact Assessment and Tree Management Plan
Appendix H: Developer’s Public Consultation Summary
Appendix I: Applicant’s Presentation
Appendix J: Staff’s Presentation
CHRONOLOGY:
June 21, 2022 - Application received
January 12, 2023 - Design Review Committee review
February 28, 2023 - Advisory Planning Commission review
May 1, 2023 - Council gives 1st reading
PURPOSE OF APPLICATION:
The applicant is requesting a change in zoning from C-2 [Neighbourhood Commercial] and RD-3 [Two Family / Single Family Residential] to Comprehensive Development District No. 161. This change is required to accommodate the proposed 6-storey, 136-unit multiple family residential building including a 136-space parking garage.
Evaluation of this application should focus on issues related to zoning such as the proposed height, density, massing, proposed unit sizes, siting, setbacks, lot coverage, usable open space, parking, land use, fit with the neighbourhood, and consistency with the overall direction contained within the Official Community Plan.
This site is located within Development Permit Area No. 1 - Natural Environment, No. 4 - Commercial, No. 6 - Multi-Family Residential, No. 7 - Energy Conservation and Greenhouse Gas Reduction, and No. 8 - Water Conservation of the Township’s Official Community Plan. If the rezoning is approved, the form and character of the buildings, landscaping, and consistency with guidelines relating to natural environment protection, energy conservation, greenhouse gas reduction, and water conservation will be controlled by a development permit that would be considered by Council at a future date.
As the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified below, the applicant has voluntarily agreed to register a Section 219 Covenant 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:
• Lot consolidation of 820 Esquimalt Road, 833 Old Esquimalt Road, and 837 Old Esquimalt Road prior to development as the proposed CD No. 161 Zone does not work unless the parcels are consolidated
• Building to include a minimum of five 3-bedroom dwelling units
• A minimum of 14 visitor parking space will be provided and remain
• Provision of one-year bus passes for the Victoria Regional Transit System to all the residents
• Registration of a 3.5-metre statutory right of way along Esquimalt Road for public realm improvements
• Provision of commercial space in an amount not less than 1,115 square metres [12,002 ft2] on the consolidated property of PID 003-877-329 Lot 4, Section 10, Plan 13018 [1006 Craigflower Road] and PID 004-830-237 Lot B Section 10 Plan 13018 [1008 Craigflower Road]
• Building to be constructed to meet or exceed the requirements of Step 3 of the BC Energy Step Code
If directed by Council, staff and legal counsel for the Township will coordinate with the property owner to ensure a Section 219 Covenant addressing the issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 3103 to Council for consideration for adoption.
CONTEXT:
Applicant: Denciti Development Corp.
Owner: 820 Esquimalt Road Ltd., Inc. No. BC1323821
Designer: Integra Architecture Inc.
Property Size: Metric: 3588 m2 Imperial: 38628 ft2
OCP Present Land Use Designation:
Commercial / Commercial Mixed Use [820 Esquimalt Road]
Low Density Residential [833 & 837 Old Esquimalt Road]
OCP Proposed Land Use Designation:
High Density Residential [820 Esquimalt Road]
Medium Density Residential [833 & 837 Old Esquimalt Road]
Zone:
C-2 [820 Esquimalt Road]
RD-3 [833 & 837 Old Esquimalt Road]
Existing Land Use:
Commercial [820 Esquimalt Road]
Single-Family Residential [833 & 837 Old Esquimalt Road]
Proposed Land Use: Multiple-Family Residential
Surrounding Land Uses:
North: Single-Family Residential
South: Multiple-Family Residential
East: Multiple-Family Residential
West: Two-Family Residential and Multiple-Family Residential
ZONING ANALYSIS:
Density, Lot Coverage, Height, and Setbacks: The following chart lists the floor area ratios, lot coverage, setbacks, height, parking, and usable open space of this proposal. Zoning Bylaw, 1992, No. 2050 does not currently contain a zone that can accommodate this proposed development.
|
|
Proposed CD Zone |
|
Residential Units |
133 |
|
Live Work Units |
2 |
|
Floor Area Ratio |
2.52 |
|
Lot Coverage (underground parking level) |
74% |
|
Lot Coverage at or above the First Storey |
58% |
|
Setbacks: |
|
|
Front (Esquimalt Road) |
4.5 m |
|
Western Interior Side |
4.6 m |
|
Eastern Interior Side |
4.6 m |
|
Rear (Old Esquimalt Road) |
8.0 m |
|
Building Height |
21.5 m [6 storeys] |
|
Off Street Parking |
136 spaces |
|
Bicycle Parking |
206 spaces |
|
Usable Open Space |
282 m2 [7.8%] |
PARKING ANALYSIS:
Parking: Parking Bylaw, 1992, No. 2011 requires 1.3 parking spaces per unit to be provided for multiple family developments. Parking areas are required to be constructed to meet the standards for maneuvering aisle dimensions and associated parking stall dimensions detailed in Part 14, Table 2, of the Bylaw.
This proposal incorporates 136 parking spaces to serve 133 residential dwelling units and 2 live work units. Hence, the parking ratio of 1:1 is less than the required number of 177 parking spaces as required by the Parking Bylaw, but more than the 109 spaces recommended in the Parking Study (Appendix E).
COMMENTS FROM THE DESIGN REVIEW COMMITTEE
This application was considered at the regular meeting of the Design Review Committee held on January 11, 2023. Members had concerns with the loss of commercial space. Members would like to see construction to Step 3 of the BC Energy Step Code notwithstanding the additional costs. Moreover, they had concerns with the building lot coverage and would like to see additional ground-level open space. The members also desired vegetated screening for the amenity space to the west of the principal building.
The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
• Step Code 3 to be considered to reflect current and future targets as set by the Province of British Columbia and to avoid the liability of retrofits in the future;
• Consider the impacts of the loss of commercial space; and
• Council to consider density bonusing and other incentives to retain commercial space
In response to the comments from the Design Review Committee, the applicant has decreased the parkade lot coverage from 77% to 74% to allow for significant plantings along the western and eastern edges of the parcel.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION
This application was considered at the special meeting of the Advisory Planning Commission held on February 28, 2023. Members have concerns with the Esquimalt Road frontage. They desired more vitality and presence from the building in the form of commercial space along Esquimalt Road. Moreover, they have concerns with the massing of the building and would like to see the transition to 4 storeys in line with the rear property lines of the properties on Old Esquimalt Road.
The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
• Consider improvements to the Esquimalt Road frontage to emphasize the major roadway and to create more activity; and
• Consider transitioning to 4 storeys in line with the rear property lines on the Old Esquimalt Road properties.
In response to the comments from the Advisory Planning Commission, the applicant amended the façade on Esquimalt Road; however, they have not addressed the second condition of the approval of the Advisory Planning Commission. As the members had concerns regarding the massing of the building, their recommendation was to have a greater percentage of the building be reduced to 4 storeys. The applicant has removed some mass from the northeastern edge of the building and relocated it to the northwest. The total amount of mass has not changed significantly. In actuality, the updated proposal contains more massing closer to Old Esquimalt Road than the previous proposal.
COMMENTS FROM COUNCIL
This application was considered at the regular meeting of Council held on May 1, 2023.
Council’s comments included:
• lack of commercial space provided;
• desire for higher BC Energy Step Code level;
• large massing; and
• desire for amenities in addition to the bus passes;
In response to the comments made by Council, the applicant has:
• Included 2 live work units; and
• Committed to construction to Step 3 of the BC Energy Step Code
ISSUES:
1. Rationale for Selected Option
The proposal conforms to the proposed land use designation of the Township’s Official Community Plan. This proposal now contains 2 live work units and will be constructed to Step 3 of the BC Energy Step Code.
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
The applicant has completed the Esquimalt Green Building Checklist, detailing green features that will be considered for inclusion in the development should it be approved [Appendix D].
5. Communication & Engagement
As this is a rezoning application, should it proceed to a Public Hearing, notices would be mailed to tenants and owners of properties within 100m (328ft) of the subject property. Signs indicating that the property is under consideration for a change in zoning have been installed on the frontage. These signs would be updated to include the date, time, and location of the Public Hearing.
ALTERNATIVES:
1. That Council amend and give second reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2023, No. 3103 and direct staff to schedule a Public Hearing; and
That a Section 219 Covenant be registered on title to secure the items outlined in Staff Report No. DEV-23-040 prior to consideration of adoption of Zoning Amendment Bylaw No. 3103
2. That Council postpone consideration of Amendment Bylaw No. 3103 pending receipt of additional information.
3. That Council defeat Amendment Bylaw No. 3103.