REQUEST FOR DECISION
DATE: August 15, 2018 Report No. DEV-18-042
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Rezoning Application - 838 Admirals Road and 842 Admirals Road
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2926, attached to Staff Report DEV-18-042 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 838 Admirals Road [PID 005-074-011, Lot 17, Block 7, Section 10, Esquimalt District, Plan 2546 Except that part in Plan VIP86845], shown cross hatched on Schedule ‘A’ of Bylaw No. 2926, from CD No. 75 [Comprehensive Development District No. 75] to CD No. 109 [Comprehensive Development District No. 109], and by changing the zoning designation of 842 Admirals Road [PID 006-324-118, Lot 16, Block 7, Section 10, Esquimalt District, Plan 2546], also shown cross hatched on Schedule ‘A’ of Amendment Bylaw No. 2926, from RD-3 [Single Family/Two Family Residential] to CD No. 109 [Comprehensive Development District No. 109] be considered for first and second reading; and
2. That Council authorizes the Corporate Officer to schedule a Public Hearing for Zoning Amendment Bylaw No. 2926, mail notices and advertise for same in the local newspaper; and
3. That, as the applicant wishes to assure Council that uses and development will be restricted and amenities provided as identified in Staff Report DEV-18-042, the applicant has voluntarily agreed to register a Section 219 Covenant, and Council has accepted it as a condition of rezoning, on the title of 838 Admirals Road [PID 005-074-011, Lot 17, Block 7, Section 10, Esquimalt District, Plan 2546 Except that part in Plan VIP86845] and 842 Admirals Road [PID 006-324-118, Lot 16, Block 7, Section 10, Esquimalt District, Plan 2546] 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 838 Admirals Road [PID 005-074-011, Lot 17, Block 7, Section 10, Esquimalt District, Plan 2546 Except that part in Plan VIP86845] and 842 Admirals Road [PID 006-324-118, Lot 16, Block 7, Section 10, Esquimalt District, Plan 2546] prior to development as the proposed CD No.109 Zone does not work unless the parcels are consolidated
• Provision of one fire hydrant on the corner of Admirals Road and Naden Street
• Three visitor parking spaces will be provided and remain as illustrated in the parking plan, attached as Appendix C to Staff Report DEV-18-042
• $500 per unit car shares from Modo car share services
• 15 parking stalls wired for Level 2 (240V, AC plug with a dedicated 40 amp circuit) electric vehicle charging stations
Council direct staff and legal counsel for the Township to coordinate with the property owner to ensure a S.219 Covenant addressing the aforementioned issues is registered against the property title, in priority to all financial encumbrances, prior to returning Amendment Bylaw No. 2926 to Council for consideration of adoption.
Body
RELEVANT POLICY:
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
Green Building Checklist
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2926
Appendix B: Subject Property Map, Aerial Map, OCP Policies
Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
Appendix D: Green Building Checklist
Appendix E: Applicant’s Letter
Appendix F: Arborist Report
Appendix G: Parking Study
Appendix H: Developer’s Public Consultation Summary
Purpose of the Application
The applicant is requesting a change in zoning from the current mix of CD No. 75 [Comprehensive Development District No.75] and RD-3 [Single Family/Two Family Residential] zone to a Comprehensive Development District zone. This change is required to accommodate the proposed 4 storey, 30 unit, purpose-built rental, multiple family residential building including a 28 space parking garage.
Evaluation of this application should focus on issues relevant to zoning such as the appropriateness of the proposed height, density and massing, proposed unit sizes, siting, setbacks, lot coverage, usable open space, how the building relates to adjacent and surrounding sites and whether the proposed uses are appropriate and consistent with the overall direction contained within the Official Community Plan.
This site is located within Development Permit Area No. 6 - Multi-Unit Residential. Should the rezoning be approved, the form and character of the buildings and landscaping would be controlled by a Development Permit that would be considered by Council at a future date.
Context
Applicant: Praxis Architects Inc. [Heather Spinney]
Owner: Admiral Apartments Ltd., Inc.No. BC1128252
Property Size: Metric: 1416 m2 Imperial: 15242 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Multiple Family Residential [3 storeys]
South: DND Federal Land
West: Multiple Family Residential [3 storeys]
East: DND Federal Land
Existing OCP Designation: Neighbourhood Commercial Mixed-Use [No change required]
Existing Zoning: CD No. 75 [Comprehensive Development District No.75] and
RD-3 [Single Family/Two Family Residential]
Proposed Zoning CD No. 109 [Comprehensive Development District No. 109]
Official Community Plan
The overall height and density of this proposal is consistent with the current Land Use Designation of ‘Neighbourhood Commercial Mixed-Use Residential’ as that Land Use Designation accepts buildings up to six storeys with a Floor Area Ratio of up to 2.0. The proposed development consists of four storeys with a Floor Area Ratio of 1.35.
OCP Section 3.3 Housing and Community identifies land in the vicinity of the intersection of Admirals Road and the E&N Rail line as an area for residential densification.
OCP Section 5.3 Medium and High Density Residential Development states an objective to support compact, efficient medium density and high density residential development that integrates with existing proposed adjacent uses.
Supporting policies in this section consistent with the proposed development include:
• Encourage new medium density and high density residential development with high quality design standards for building and landscaping and which enhance existing neighbourhoods.
• Prioritize medium density and high density residential development in proposed land use designated areas that:
1. reduce single occupancy vehicle use;
2. support transit service;
3. are located within close proximity to employment centres; and
4. accommodate young families.
• A mix of dwelling unit sizes should be provided in medium density and high density residential land use designated areas in order to meet the varying housing needs of Esquimalt residents.
Section 5.4 of the Official Community Plan states an 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. The proposed development is consistent with the following policy in this section:
• 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.
The applicant has agreed to ensure that all the units in this building are used as long-term residential rentals as it is a purpose-built rental. This will be ensured either through a Housing Agreement, Covenant registered on Title, or a combination of both.
The proposed development is for an exclusively residential building and is thus consistent with the following policy:
• In areas designated as “Neighbourhood Commercial Mixed-Use” on the “Present and Proposed Land Use Designation Maps,” developments containing exclusively residential uses may be acceptable.
• In areas designated as “Neighbourhood Commercial Mixed-Use” on the “Present and Proposed Land Use Designation Maps,” a building height of up to six storeys and a Floor Area Ratio of up to 2.0 is acceptable when the use of the building is exclusively residential.
Under Section 13.3.6 Passenger Vehicle Alternatives, the following policies are listed:
• Encourage the installation of electric vehicle charging infrastructure in all new multi-unit developments.
• Pursue the installation of electric vehicle charging capacity in new developments during the rezoning process.
• Encourage the inclusion of car share in new multi-unit residential developments.
The proposed development offers $500 per unit car shares from Modo car share services. In addition, 50 percent of the parking stalls will be wired for Level 2 (240V, AC plug with a dedicated 40 amp circuit) electric vehicle charging stations.
Within the DPA No. 6 Multi-Family Residential in the Official Community Plan, 23.5(6) states that underground parking will be provided for any multi-unit residential building exceeding four storeys.
Zoning
Density, Lot Coverage, Setbacks, Height and Parking:
The following chart details the setbacks, lot coverage, floor area ratio and parking of this proposal. Zoning Bylaw, 1992, No. 2050 does not currently contain a zone that can accommodate this proposed development.
|
|
Proposed Comprehensive Development Zone [CD No. 109] |
|
Residential Units |
30 |
|
Floor Area Ratio |
1.35 |
|
Lot Coverage |
80% |
|
[at the parking level] |
|
|
Lot Coverage |
46% |
|
[at the First Storey] |
|
|
Setbacks |
|
|
• Front |
6.0 m |
|
• Rear |
7.5 m |
|
• Exterior Side [East] |
3.6 m |
|
• Interior Side [West] |
6.0 m |
|
Building Height |
15.4 m [4 storeys] |
|
Off Street Parking |
28 spaces [0.93/unit] |
|
Usable Open Space |
250 m2 [17.7%] |
|
Bicycle Parking |
45 resident + 6 visitor |
Floor Area Ratio: The Floor Area Ratio of this proposal is 1.35, which is less than the maximum acceptable amount of 2.0 for lands designated Medium Density Residential in the Official Community Plan.
Lot Coverage: The lot coverage measures 80% at the parking level and 46% above the parking level.
Parking: Parking Bylaw, 1992, No. 2011 requires 1.3 parking spaces per unit be provided in multiple family developments, with not less than 1 in 4 spaces dedicated to Visitor Parking. Parking areas (i.e. parking lots and underground parking garages) are required to be constructed to meet the standards for manoeuvring aisle dimensions and associated parking stall dimensions detailed in Part 14, Table 2, of the Bylaw.
This development proposal incorporates 28 residential parking spaces within an underground parking structure including 3 visitor spaces and proposes a number of relaxations to Parking Bylaw requirements to achieve this number of spaces on one level of underground parking. The applicant has provided a parking study, prepared by Watt Consulting Group stamped “Received January 5, 2018”, detailing the effectiveness of this parking strategy (Appendix “G”).
The following relaxations to Parking Bylaw No. 2011 are proposed:
• Reduction of the number of required parking spaces from 1.3 spaces/unit to 0.93 spaces/unit [i.e. from 39 spaces to 28 spaces]
• Reduction of the number of required Visitor parking spaces from 1 in 4 spaces to 1 in 10 spaces
Comments from Other Departments
Community Safety Services:
Building to be constructed to the requirements of BC Building Code 2012 and Municipal Building Code Bylaw, 2002, No. 2538. Applicant must address all issues contained within the Township Development Protocol should application be approved. Plans will be reviewed for compliance with BC Building Code upon submission of a Building Permit application.
Engineering Services:
Engineering staff has completed a preliminary evaluation of Works and Services that would be required for the 30 unit multiple family residential building proposed to be located at 838 and 842 Admirals Road. Staff confirms that the design appears achievable on the site and that appropriate works and services are available in the immediate area. If approved, the development must be serviced with bylaw requirements including, but not limited to, new sewer and drain connections, underground power, telephone and cable services, and new road works up to the centre line of both Admirals Road and Naden Street.
Should the application be approved, additional comments will be provided when detailed engineering drawings are submitted as part of a Building Permit application.
Parks Services:
Parks Staff has completed a preliminary review of the proposed on-site and off-site landscaping and commented that the landscape plan looks appropriate. Should the application for rezoning be approved, a tree survey of the trees proposed for retention on the site will be required as part of the consideration of the Development Permit. Moreover, tree protection fencing must be put up at the dripline of all trees to be retained.
Fire Services:
Fire Services staff has completed a preliminary review of the proposed plans and recommended a new fire hydrant to be installed on the corner of Admirals Road and Naden Street that ties into a 350mm wDI Water Main. This installation would facilitate future developments into the area. Furthermore, sprinklers should be installed in the building.
Comments from the Design Review Committee [DRC]
This application was considered at the regular meeting of the Design Review Committee held on February 14, 2018.
Members commented on the strong articulation of the building and the suitability of the accentuated corner. However, members questioned the limited size of the upper storey balconies. Members also commented on the inhospitable exposed wall of the parking level on Admirals Road, the impractical location of the bike storage locker around back, and the loss of a significant Garry Oak.
The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval as the proposed development conforms to the requirements and is compatible with the neighbourhood.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on February 20, 2018. Members’ comments were generally positive, noting that the proposed development fits within the surrounding area and will be effective in addressing the housing shortage. Members were pleased to see purpose-built rental residential projects being proposed and expressed a desire for the installation of electric vehicle charging stations as well as a concern to improve the streetscape along the sidewalk on Admirals road.
The APC resolved that the application be forwarded to Council with a recommendation of approval as this is an ideal location for increased density.
ISSUES:
1. Rationale for Selected Option
This application is consistent with the Land Use Designation of the subject property and the policy direction contained within the Official Community Plan for Neighbourhood Commercial Mixed-Use developments. This proposed development is an appropriate location for increased density as it is along the main corridor of Admirals Road and the E&N Rail corridor. This proposed development is also in close proximity to the CFB Esquimalt, one of the major employers in the Township, in an effort to provide increased housing options. This proposed development will also increase the number of rental units to the Township’s housing supply. Moreover, both the Design Review Committee and the Advisory Planning Commission recommended approval of this application.
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, notices have been mailed to tenants and owners of properties located within 100 metres (328 feet) of the subject property. Notice of the Public Hearing would be placed in two editions of the Victoria News. Furthermore, three signs indicating that the property is under consideration for a change in zoning have been in place on the Admirals Road frontage and Naden Street frontage since February 2018 and would be updated to show the date, time, and location of the Public Hearing.
As required by the Township’s Development Application Procedures and Fees Bylaw, 2012, No. 2791, the applicant delivered notices to properties within 100 metres of the subject property soliciting comments and inviting residents to attend a public open house. This meeting was held from 5pm to 7pm, December 4, 2017 at the Royal Canadian Legion, Esquimalt Dockyard Branch on 622 Admirals Road. Staff confirms that the applicant has provided the required submissions indicating that 11 people attended the meeting [Appendix H].
ALTERNATIVES:
1. That Council resolves that Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2926, attached to Staff Report DEV-18-042 as Appendix A, which would amend Zoning Bylaw, 1992, No. 2050 by changing the zoning designation of 838 Admirals Road [PID 005-074-011, Lot 17, Block 7, Section 10, Esquimalt District, Plan 2546 Except that part in Plan VIP86845], shown cross hatched on Schedule ‘A’ of Bylaw No. 2926, from CD No. 75 [Comprehensive Development District No. 75] to CD No. 109 [Comprehensive Development District No. 109], and by changing the zoning designation of 842 Admirals Road [PID 006-324-118, Lot 16, Block 7, Section 10, Esquimalt District, Plan 2546], also shown cross hatched on Schedule ‘A’ of Amendment Bylaw No. 2926, from RD-3 [Single Family/Two Family Residential] to CD No. 109 [Comprehensive Development District No. 109], be considered for first and second reading; that Council authorizes the Corporate Officer to schedule a Public Hearing for Zoning Amendment Bylaw No. 2926, mail notices and advertise for same in the local newspaper; and staff be directed to coordinate with the property owner to ensure a S.219 Covenant registered on the title of the subject properties, prior to returning Amendment Bylaw No. 2926 to Council for consideration of adoption.
2. Council postpone consideration of Bylaw No. 2926 pending receipt of additional information.
3. Council deny first and second reading of Bylaw No. 2926.