TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: April 22, 2024 Report No. DEV-24-027
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Permit and Development Variance Permit Application - 1006 & 1008 Craigflower Road
RECOMMENDATION:
Recommendation
That Council approve Development Variance Permit No. DVP00139 and Development Permit No. DP000222 and instruct the Director of Development Services not to issue either permit until:
1) The two lots have been consolidated;
2) A Statutory Right of Way plan generally as illustrated in DP000222 is registered on title; and
3) The landscape deposit has been received by the Township of Esquimalt.
Body
EXECUTIVE SUMMARY:
The applicant is proposing to build a 6-storey, mixed-use building with 134 residential units and 1115 m2 of commercial space. The applicant is requesting variances to Zoning Bylaw, 1992, No. 2050 and Parking Bylaw, 1992, No. 2011 to accommodate the proposed development.
Evaluation of the development variance permit should focus on an assessment of the variances requested.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 4 - Commercial, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation. 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. A development permit is required prior to a building permit being issued for construction.
Evaluation of the development permit application should focus on issues regarding the form and character of the development, including landscaping, exterior design, and finish of the building in relation to the relevant development permit area 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.
BACKGROUND:
On December 18, 2023, Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2023, No. 3103. This bylaw amended the zoning designation of 820 Esquimalt Road, 833 Old Esquimalt Road, and 837 Old Esquimalt Road to Comprehensive Development District No. 161 to allow for a 6-storey, 135-unit development. As a condition of the adoption of this bylaw, a Section 219 Covenant CA966428 has been registered on the title of 1006 & 1008 Craigflower Road for the provision of commercial space in an amount not less than 1,115 square metres [12,002 ft2] on the consolidated property of 1006 & 1008 Craigflower Road.
Chronology:
• June 30, 2023 - Application received
• December 13, 2023 - Design Review Committee
• February 20, 2024 - Advisory Planning Commission
Advisory Body Recommendations:
Design Review Committee:
• Members generally liked the form and character.
• Members had concerns about the use of artificial turf in the amenity area.
• The committee recommended the use of an Allan block for a more fulsome metal planter or a traditional raised concrete with more soil volume.
• Members were interested and desired more information regarding the rainwater capture and infiltration on the northern side of the building.
• The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval as the proposal represents a quality design and fits well within the neighbourhood, with the conditions that:
o Consideration be given to redesign the inner courtyard to remove the artificial turf and replace with design elements that have more ecological value and climate resilience; and
o Consideration of a planter material that allows for increased soil volume.
• The applicant has increased the soil volume in the planters in the courtyard on the second storey by using an alternate material for the planters which can be installed vertically without tapering and by widening the planters on the south side of the courtyard.
Advisory Planning Commission:
• Members had concerns about the small amount of visitor bicycle parking.
• Members would prefer a better transition from the 4th storey to the 6th storey.
• Members had concerns about the shading of the amenity space.
• The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as the proposal is attractive and provides housing.
• The applicant has worked with Engineering staff to provide additional bicycle parking in the proposed statutory right of way.
o The amended proposal now includes 13 visitor bicycle parking spaces instead of the previously proposed 6 spaces.
Referral Comments:
Community Safety Services (Building Inspection):
• The building is to be constructed to the 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 staff has completed a preliminary evaluation of works and services that would be required for the proposed multiple family residential building. 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 in accordance with bylaw requirements including, but not limited to, new sewer and drain connections, underground hydro, telephone and cable services and new road works may be required up to the centre line of Craigflower Road and Tillicum Road.
• To meet the requirements of Subdivision and Development Control Bylaw No. 3128, mitigation measures may be required to accommodate a zero increase in runoff. Moreover, as there are existing sewer capacity issues downstream, onsite sewer attenuation may be required. Alternatively, the applicant can reduce the amount of sewer inflow and infiltration or contribute a cash equivalent equal to the cost to reduce such.
• Upgrading of the bicycling infrastructure on Tillicum Road and Craigflower Road is required complete with bicycle parking. Utility poles within the bicycling lane to be removed. Staff recommends that bicycle parking be located closer to the entrance rather than on the lowest parking level. Moreover, no more than 30% of the proposed bicycle parking should be vertical racks. Additional bicycle parking should be provided near the commercial units.
• A type 3 bus shelter is to be provided, or sufficient seating under awning on Craigflower Road. In addition, decorative seating wall is to be incorporated adjacent to the green spaces along Tillicum Road and Craigflower Road.
• The recommendation for vehicle egress is a right in and right out on Craigflower Road.
Parks:
• Parks staff have no concerns.
ANALYSIS:
OCP ANALYSIS:
OCP Section 5.1 states a policy to ‘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.’
OCP Section 5.4 Affordable Housing 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. Supporting policies in this section consistent with the proposed development include:
• Encourage the provision of affordable housing by the private market and the non-profit housing sector. Partnerships between private, public or non-market housing providers may be supported. These might include innovative approaches such as limited equity, rent-to-own, co-op, mixed market and non-market projects.
• Consider bonus density, parking relaxations or other development variances where a development proposal includes affordable, special needs or seniors housing. This may apply to both market and non-market housing, and mixed-used proposals. A housing agreement may be entered into between the Township and the owner.
OCP Section 5.5 Age Friendly Housing states an objective to expand and protect seniors housing in Esquimalt to enable citizens to “age in place”. Supporting policies in this section relevant with the proposed development include:
• Support and facilitate development of multi-generational housing, including in medium and high-density residential developments.
• Encourage child friendly developments that provide appropriate amenities such as outdoor play areas for young children that are well-separated from traffic circulation and parking areas.
• Encourage adaptable design for all dwellings created through rezoning.
• Encourage more accessible housing for people with mobility limitations on the ground floor of medium and high-density residential buildings.
Section 5.6 Family and Child-friendly Housing states an objective to address the shortage of family and child friendly housing in Esquimalt. Supporting policies in this section relevant with the proposed development include:
• Encourage the provision of medium and high density commercial mixed-use developments designed for families with children.
Section 6.1 Commercial & Commercial Mixed-Use states an objective to encourage the development of a complete community where commercial enterprises serve the needs of area residents, local businesses, and visitors. Supporting policies in this section relevant with the proposed development include:
• Encourage a mix of uses in the commercial/commercial mixed-use areas.
• All commercial/commercial mixed-use areas are designated Development Permit Areas, in order to ensure that future development and infill contributes positively to the visual and aesthetic character of its site, setting and surrounding properties.
• The majority of the frontage for commercial mixed-use buildings at the ground floor, should be commercial.
• On corner sites, the ground floor commercial use in mixed-use buildings should wrap around the corner.
• In commercial/commercial mixed-use developments, parking should be located behind or under the building.
• The installation of electric vehicle charging infrastructure in commercial/commercial mixed-use developments is encouraged.
• Encourage the provision of amenities such as mini parks/plazas, street furniture, public art and decorative lighting on private lands in all commercial areas.
• To encourage the use of bicycles, provision should be made in all commercial/commercial mixed-use developments for bicycle parking for employees and visitors.
Section 6.4.3 Tillicum Road/Craigflower Road states an objective to encourage the development of new services that meet the needs of the residents of the Panhandle, Gorge Vale Golf Course and the area east of Tillicum Road. Supporting policies in this section relevant with the proposed development include:
• As the nearby residential areas intensify and the population grows, redevelopment of this commercial area is encouraged as a mix of small shops and services, potentially with residential above.
Section 11.3.2 New Development states the following policies:
• Encourage developers to provide a variety of end of trip facilities for active transportation.
• Encourage bike lockers in multi-unit residential and commercial/commercial mixed-use developments.
Section 13.3.3 Building Energy Efficiency states the following policies:
• Adopt best practices based on evolving building technologies and materials.
• Encourage the adoption of passive, efficient, and renewable energy systems in new buildings and during building retrofits.
• Investigate options for encouraging developers to achieve high energy performance in new developments through such tools as density bonusing, expedited permit approval process, rebate of development fees, revitalization tax exemption, and other incentives.
• Pursue higher energy-efficiency performance in new developments, through the achievement of higher steps in the BC Energy Step Code as an amenity associated with rezoning.
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.
This site is located within Development Permit Area No. 1 - Natural Environment, Development Permit Area No. 4 - Commercial, Development Permit Area No. 6 - Multi-Family Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and 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.
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 F].
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. The applicant aims to work with the natural topography and reintroduce native trees and vegetation to a largely paved site.
OCP Section 18.5.3 Biodiversity
The applicant has included landscaping consistent with these guidelines, noting that it will consist predominantly of native and drought-tolerant species, including Douglas Fir, Vine Maple, Big Leaf Maple, Douglas Maple, Salal, Snowberry, Evergreen Huckleberry, Low and Tall Oregon Grape, Deer, and Western Sword Fern.
OCP Section 18.5.4 Natural Environment
The applicant has proposed planted boulevards and raingardens along Craigflower Road and Tillicum Road.
OCP Section 18.5.5 Drainage and Erosion
The applicant is proposing a raingarden in the northwest corner.
OCP Section 18.5.7 Native Bird Biodiversity
Habitat features such as trees and shrubs will be included to protect and enhance native bird biodiversity.
Development Permit Area No.4 is designated for the purpose of establishing objectives for the form and character of commercial development.
OCP Section 21.5 Commercial Guidelines
The proposed façade consists of commercial glazing with canopies and illuminated sidewalks.
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 proposed building consists of residential storeys stepped back from the ground commercial storey. On the second storey, the applicant is proposing a courtyard with landscaped planters. The corners of the building are marked by taller roof elements, corner windows, and balconies. The corner units are designed with increased ceiling heights.
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
The proposed building endeavors to follow and reinforce the street edges. Landscaped seating areas are proposed along the street frontages. The proposed landscape plan includes plants with varying heights and foliage densities. Usable outdoor amenity space is provided in the areas towards the north of the building and on the rooftop courtyard.
OCP Section 24.5.2 Form and exterior design of buildings and structures
The applicant states that they have designed and placed the roof, overhangs, and windows appropriately and consistent to the guidelines where applicable.
OCP Section 24.5.3 Landscaping
The landscape plan consists of 18 new trees. The new trees consist of vine maple, Douglas maple, big leaf maple, Shindeshojo Japanese maple, Katsura, Serbian spruce and Douglas fir. Other multi-stemmed plants and shrubs are planted throughout.
OCP Section 24.5.4 Machinery, equipment and systems external to buildings and other structures
Visitor bicycle parking racks are located under cover near the residential lobby entrance.
OCP Section 24.5.5 Special Features
The applicant will select durable local building products where possible. The exterior sidings and soffits are mostly fiber-cement board on the upper storeys with cultured stone on the ground storey.
Development Permit Area No.8 is designated for the purpose of water conservation.
OCP Section 25.5.1 Building and Landscape Design
The applicant has proposed an on-site stormwater retention system that includes a raingarden situated in the northeast corner of the site.
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 will install plantings and irrigation to CSLA Standards.
ZONING ANALYSIS:
The current zoning on the subject property is C-2 to accommodate commercial establishments that serve the shopping, service, and entertainment needs of a neighbourhood.
|
|
C-2 Zone |
Proposed |
|
Lot Coverage |
80% |
79.4% for Parkade |
|
Setbacks: |
|
|
|
Front (Tillicum Rd) |
0.0 m |
3.0 m |
|
Southern Exterior Side (Craigflower Road) |
0.0 m |
3.0 m |
|
Interior Side (North) |
0.0 m |
0.0 m |
|
Rear (West) |
3.0 m |
7.5 m |
|
Building Height |
13 m |
22.13 m [6 storeys] |
|
Off Street Parking |
220 spaces |
182 spaces |
|
Bicycle Parking |
|
139 spaces |
Lot Coverage: The lot coverage is consistent with the allowable amount in a C-2 zone.
Height: The height of 22.13 m is higher than the allowable height of 13 m in a C-2 zone; hence, the applicant is seeking the following variance:
Zoning Bylaw, 1992, No. 2050, 47 (3) - Building Height: A 9.13-metre increase to the requirement that no building shall exceed a height of 13 metres [i.e. from 13 metres to 22.13 metres]
Setbacks: The proposed setbacks are consistent with the required setbacks in a C-2 zone.
The applicant will provide a 3.0-metre perpetual statutory right of way granted in favour of the Township pursuant to section 218 of the Land Title Act for the purpose of providing a public sidewalk and future boulevard improvements along the Tillicum Road and Craigflower Road frontage.
PARKING ANALYSIS:
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 manoeuvring aisle dimensions and associated parking stall dimensions detailed in Part 14, Table 2, of the Bylaw. This proposal incorporates 151 parking spaces to serve 134 residential dwelling units and 31 parking spaces to serve 1,115 m2 of commercial space. Hence, this is less than the required 175 parking spaces to serve the residential units as required by the Parking Bylaw. The 31 proposed commercial parking spaces is less than the required 45 parking spaces as required by the Parking Bylaw. An initial assessment indicates that the proposed parking supply would be consistent with the new Parking Bylaw currently being considered by Council.
To accommodate the proposal, the applicant is seeking the following variances to the parking bylaw:
Parking Bylaw, 1992, No. 2011, 11 - Visitor Parking: A reduction from the requirement that 1 of every 4 required parking spaces to 1 of every 10 require parking spaces shall be designated and clearly marked as “Visitor Parking” and shall be available for use by non-occupants of the parcel at all times [i.e. from 1 of every 4 parking space to 1 of every 10 parking spaces].
Parking Bylaw, 1992, No. 2011, 13 (1) - Number of Off-Street Parking Spaces: A reduction from the requirement that 1.3 parking spaces to 1.12 parking spaces shall be provided per dwelling unit [i.e. from 1.3 parking spaces/dwelling unit to 1.12 parking spaces/dwelling unit].
Parking Bylaw, 1992, No. 2011, 13 (2) - Number of Off-Street Parking Spaces: A reduction from the requirement that 1 parking space be provided per 25 m2 of gross retail floor area to 1 parking space be provided per 36 m2 [i.e. from 45 parking spaces to 31 parking spaces].
Parking Bylaw, 1992, No. 2011, 14 - Minimum Width of Manoeuvring Aisle: A reduction from the requirement of 7.6 metres for a two-way manoeuvring aisle accessing two banks of parking to 7.0 metres [i.e. from 7.6 metres to 7.0 metres].
OPTIONS:
1. That Council approve Development Variance Permit No. DVP00139 and Development Permit No. DP000222 and instruct the Director of Development Services not to issue either permit until:
1) The two lots have been consolidated;
2) A Statutory Right of Way plan generally as illustrated in DP000222 is registered on title; and
3) The landscape deposit has been received by the Township of Esquimalt Finance Department.
2. That Council postpone consideration of Development Variance Permit No. DVP00139 and Development Permit No. DP000222 pending receipt of additional information.
3. That Council deny Development Variance Permit No. DVP00139.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial implications associated with the proposal.
COMMUNICATIONS/ENGAGEMENT:
As this is a Development Variance Permit application, notices were mailed to owners and tenants of properties within 50 metres (164 ft) of the subject properties on April 5, 2024.
TIMELINES & NEXT STEPS:
Should Council approve Development Permit No. DP000222, and Development Variance Permit No. DVP00139, staff would coordinate with the property owner to ensure that the Statutory Right of Way is registered and the landscape deposit is paid before issuance of the permits and registration of the notice on the title of the property.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: DP000222
2. Appendix B: DVP00139
3. Appendix C: Aerial Map
4. Appendix D: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
5. Appendix E: Green Building Checklist
6. Appendix F: Parking Study
7. Appendix G: Transportation Impact Assessment
8. Appendix H: Applicant’s Comments for Development Permit Area Guidelines
9. Appendix I: Staff’s Presentation
10. Appendix J: Applicant’s Presentation