REQUEST FOR DECISION
DATE: April 4, 2018 Report No. DEV-18-018
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Service and Karen Hay, Planner
SUBJECT:
Title
Development Variance Permit, Development Permit Amendment and Heritage Alteration Permit Amendment - 429 Lampson Street (PID 023-009-331; Lot B, Esquimalt District, Plan VIP60066) End
RECOMMENDATION:
Recommendation
1. That Council resolves by a 2/3 majority of members to consider the Development Variance Permit Application No. DVP00075 prior to the end of the 6 month waiting period required by Section 3 of the Development Application Procedures and Fees Bylaw No. 2791, 2012;
2. That Council resolves that Development Variance Permit No. DVP00075 [Appendix A] authorizing the development as shown on the B.C. Land Surveyor’s Building Location Certificate prepared by J.E. Anderson and Associates, and the architectural drawings prepared by Merrick Architecture, both stamped ‘Received February 21, 2018’, and including the following relaxations to Zoning Bylaw, 1992, No. 2050, be approved, and staff be directed to issue the permit and register the notice on the title of the property located at PID 023-009-331, Lot B, Esquimalt District, Plan VIP60066 [429 Lampson Street];
Zoning Bylaw 1992, No. 2050, Section 67.71 B. Site A (7)(a) Siting Requirements - Principal Building - A variance to the permitted perimeter of the principal building [Manor house - English Inn], shown on the Land Surveyor’s Certificate prepared by McElhanney Consulting Services stamped ‘Received September 9, 2013’, by allowing a new footprint for the Manor house wing as illustrated on the B.C. Land Surveyor’s Certificate prepared by J.E. Anderson and Associates, stamped ‘Received February 21, 2018’;
3. That Council resolves that the Development Permit No. DP000072 - Amendment [Appendix B] authorizing the development as shown on the B.C. Land Surveyor’s Building Location Certificate prepared by J.E. Anderson and Associates, stamped ‘Received February 21, 2018’, the Architectural Drawings prepared by Merrick Architecture stamped ‘Received February 21, 2018’, and the Landscape Plans prepared by Small and Rossell, Landscape Architects, stamped ‘Received February 21, 2018’’, be approved, and staff be directed to issue the permit as amended (subject to receipt of the required landscape security), and register the notice on the title of the property located at PID 023-009-331, Lot B, Esquimalt District, Plan VIP60066 [429 Lampson Street];
4. That Council resolves that the Heritage Alteration Permit No. HAP00002 - Amendment [Appendix C] authorizing the development as shown on the architectural drawings prepared by Merrick Architecture stamped ‘Received March 19, 2018’ be approved.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
Heritage Designation [429 Lampson Street] Bylaw, 2013, No. 2807
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:
This Request for Decision supports the following specific strategic objective:
• Support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendices
Appendix A - DVP00075 - English Inn - 429 Lampson Street
Appendix B - DP000072 Amendment and DP000072 - 429 Lampson Street
Appendix C - HAP00002 Amendment, HAP00002 - 429 Lampson Street
Appendix D - Subject Property Map, Air Photo, DVP Mail Notice
Appendix E - CD No. 84 Zone, Heritage Designation Bylaw 2807, DP No. 7 Guidelines, BC Land Surveyor’s Certificate by McElhanney Consulting Services - ‘Received September 9, 2013’
Appendix F - DVP Summary and Rationale, Shadow Studies, Previous Proposal Comparison Drawings
Appendix G - Development Permit Design Rationale and Phasing Plan
Appendix H - Landscape Plan for Site A - Inn Wing
Appendix I - J.E. Anderson and Associates - Building Location Certificate - Received February 21, 2018
Appendix J - Public Comments - C. Ryan
Purpose of the Application
The property owner is proposing a multi-phased commercial and residential development, including an addition to the English Inn (a new ‘wing’). The property’s development is governed by Comprehensive Development District No. 84 of Esquimalt Zoning Bylaw, 1992, No. 2050 which divides the property into Site A and Site B. The property is located within Development Permit Area No. 7 - English Inn; therefore, a Development Permit is required for the construction of any new buildings and landscaping. Council approved Development Permit No. DP000072 for the Site B (development site) portion of the property on November 27, 2017; and denied the variance for the siting of the proposed new English Inn wing and set aside the development permit for the Site A portion of the property when the developer’s agent agreed to have Council deal with the application in two parts, namely Site “A” and Site “B”.
The English Inn, a heritage designated building, is being renovated with the benefit of a heritage alteration permit. The non-heritage wing that formerly attached to the English Inn was demolished and the current variance application is for a redesigned hotel wing, to contain additional hotel rooms and a spa. A development variance is requested for the siting of the proposed new wing.
An amendment to the Heritage Alteration Permit that was approved by Council on October 2, 2017 is requested in order to allow a small change to the location of the connection of the new wing to the heritage designated portion of the building.
An amendment to Development Permit (DP000072) is requested in order to add the proposed Site A buildings and landscaping to the previously approved development permit; as the division between Site A and Site B is somewhat fluid until the subdivision is completed.
Context
Applicant: Merrick Architecture
Owner: Aragon (Lampson) Properties Ltd., Inc. No. BC863902
Architect: Merrick Architecture
Property Size: Metric: 17653 m2 Imperial: 4.36 acres
Existing Land Use: English Inn and Resort
Surrounding Land Uses:
North: Multi-Family, Single and Two Family Residential
South: Bed and Breakfast, Single and Two Family Residential, Hither Green Park
West: Single Family and Two Family Residential
East: DND [Public/ Institutional]
Existing Zoning: Comprehensive Development District No. 84 [CD No. 84]
Existing OCP Designation: English Inn Mixed Use
Development Variance Permit
The variance being requested is the siting variance of the proposed new wing (addition) to the English Inn building on Site A. The new addition would be taller than the former wing [annex/ tudor/ ‘Shakespeare village’] and closer to the north property line. The applicant’s ‘Development Permit Design Summary and Rationale’ [Appendix ‘G’] explains their rationale for the redevelopment proposal and the applicant’s ‘Development Variance Permit Summary and Rationale’ [Appendix ‘F’] outlines their justification for the requested variance.
Site A, within Comprehensive Development District No. 84 zone [CD No. 84] allows buildings up to 37.2 metres in height; which is the height of the English Inn. The proposed building at 4 storeys does not exceed the 37.2 metre allowable height requirement. The variance is for siting; as the proposed new building’s foundation is setback 1.31 metres from the north property line and CD No. 84 requires that the principal building on Site A maintain the footprint of the building as it existed in September 2013. The former wing was 2 to 3 storeys and the closest part of the foundation wall was 2.2 metres from the north property line. The placement of this building, in this location, will cast a shadow onto a portion of the properties to the north. (The applicant has provided ‘Shadow Studies’ - see Appendix F - sheet ‘DP0.03’) The applicant’s ‘Development Variance Permit Summary and Rationale’ [Appendix ‘F’] states that the size and placement of this addition would allow for additional ‘viable hotel rooms’, and the ‘preservation of the north, existing Wedding Garden’; while making the Inn more commercially viable.
Development Permit
The property is in Official Community Plan, Development Permit Area No. 7 - English Inn [DP Area No. 7] [Appendix ‘E’]. The development guidelines in this DP area were developed to ‘encourage new development to be sympathetic with, and a good neighbour to both the existing heritage house and the surrounding neighbourhood context; while ‘providing the opportunity for alternative massing solutions to accommodate market and various building programs’. The key objective of DP Area No. 7 is a harmonious and sensitive development respectful of the heritage protected property (the manor house).
In November 2017 neighbours expressed concerns with open corridors located along the north side of the previous English Inn wing proposal. The applicant has redesigned the building with interior corridors, and has limited the number of windows on this side of the building.
Landscaping:
A revised landscaping plan has been provided for Site A [Appendix ‘H’]. The landscaping plan provides for retention of existing trees and the addition of numerous new and replacement trees. Native species of trees, shrubs and grasses are proposed, as recommended by the DP Area No. 7 Design Guidelines. The landscape plan shows the retention and upgrading of the ‘wedding gardens’.
Heritage Alteration Permit
The heritage alteration permit was approved in October 2017. The amendment is for a small change to how the new wing will connect to the existing heritage protected portion of the English Inn.
Comments from other Departments
The development variance proposal package was made available to the following departments for comment: Engineering Services, Building Services, Fire Services and Parks Services. There were no concerns with the proposed variance application.
Note: All projects are subject to compliance with the BC Building Code, Esquimalt Subdivision and Servicing Bylaw, Esquimalt Zoning Bylaw and other Regulations and Policies set by Council.
Time Line
- 2013: At the request of a previous owner the property is rezoned, creating Comprehensive Development District No. 84 [CD No. 84] and an OCP amendment is approved, creating Development Permit Area No. 7 - English Inn;
- July 20, 2016: Design Review Committee considered the Development Permit for Form and Character, water conservation and storm-water management;
- August 2016: The applicant decided to pursue a Zoning Text Amendment, as the permitted density for Site A would not accommodate the renovation of the Inn that they had planned;
- August 16, 2016: Advisory Planning Commission considered the Zoning Text Amendment, Heritage Alteration Permit, Development Variance Permit, Covenant Amendment [tree protection];
- September 12, 2016: Council granted 1st and 2nd reading to Zoning Text Amendment Bylaw No. 2880, and instructed staff to schedule the Public Hearing for the Bylaw;
- September 12, 2016: Council approved the proposed alterations to the Restrictive Covenant Amendment [tree protection] and authorized staff to allow alterations to the property’s landscaping prior to issuance of the Development Permit [allowing staff to issue tree cutting permits];
- October 24, 2016: Public Hearing for Zoning Text Amendment Bylaw No. 2880 was held;
- October 24, 2016: Upon considering comments and all information provided leading up to the Public Hearing, Council adopted Zoning Text Amendment Bylaw No. 2880;
- November 2016 to August 2017: The applicant and owner worked with staff to clarify access and servicing issues, including the use of Hither Green Park as an emergency access;
- August 21, 2017: Council tabled their consideration of the Heritage Alteration Permit, Development Variance Permit and Development Permit and advised the applicant to return with a revised fire access plan not utilizing Hither Green Park;
- October 2, 2017: Council approved Heritage Alteration Permit No. HAP0002;
- November 27, 2017: Council considered the Development Variance Permit and the Development Permit applications. They approved variances and the development permit for form and character for the Site B portion of the property. They denied the variance application and set aside the form and character development permit for the development requested for the Site A portion of the property. Council also directed staff to return the revised application directly to Council without consideration by the Advisory Planning Commission and the Advisory Design Review Committee.
ISSUES:
1. Rationale for Selected Option
This project would help revitalize and improve the commercial viability of The English Inn, an important heritage asset within Esquimalt. The applicant has designed a building with less impact on the neighbours’ privacy.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications; successful commercial properties contribute positively to the local economy.
4. Sustainability & Environmental Implications
This Request for Decision should have minimal sustainability and environmental implications. Providing jobs in the community should support reductions in green house gas emissions from the use of low occupancy vehicles.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on March 23, 2018 [Appendix ‘D’] indicating that Council would be considering the requested Development Variance Permit on April 7, 2018. To date, the Development Services Department has received one comment from local residents as a result of the notification; see Appendix ‘J’.
ALTERNATIVES:
1. That Council resolves by a 2/3 majority of members to consider the Development Variance Permit Application No. DVP00075 prior to the end of the 6 month waiting period required by Section 3 of the Development Application Procedures and Fees Bylaw No. 2791, 2012 and that Council resolves that Development Variance Permit No. DVP00075 [Appendix ‘A’], the Development Permit No. DP000072 - Amendment [Appendix ‘B’] and Heritage Alteration Permit No. HAP00002 - Amendment [Appendix C] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at PID 023-009-331, Lot B, Esquimalt District, Plan VIP60066 [429 Lampson Street]. (As in the RECOMMENDATION section.).
2. That Council deny Development Variance Permit No. DVP00075 [Appendix A], the Development Permit No. DP000072 - Amendment [Appendix ‘B’] and the Heritage Alteration Permit No. HAP00002 - Amendment [Appendix C], with reasons provided.