TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: October 7, 2024 Report No. DEV-24-046
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Rezoning Application - 861 & 863 Esquimalt Road
RECOMMENDATION:
Recommendation
That Council:
1. Further amend Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078 as outlined in Staff Report DEV-24-046;
2. Re-read Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078 a second time as amended; and
3. Authorize the scheduling of a Public Hearing.
Body
EXECUTIVE SUMMARY:
The applicant is requesting a change in zoning from RM-4 [Multiple Family Residential] to Comprehensive Development District No. 158. This change is required to accommodate the proposed 6-storey, 59-unit, multiple-family purpose built rental residential building.
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.
Staff is supportive of the application as the proposal is consistent with the use and density within the Proposed Land Use Designation.
BACKGROUND:
On July 11, 2022, Council gave 1st and 2nd reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078. Council thought that the density was appropriate but had concerns with the displacement of the existing tenants and recommended that the developer consider a compensation of 6- to 12-months rent. At a Public Hearing on August 29, 2022, Council considered Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2023, No. 3078. Council advocated for the inclusion of commercial space on the ground storey and a dog wash station. Moreover, they persisted on the inclusion of a tenant assistance package.
Since this amendment bylaw went to Council on August 29, 2022, the proposal has been amended to include:
• 59 units (instead of 43 units)
• Inclusion of 1 live work unit
• Two 3-bedroom units (instead of 8 3-bedroom units)
• Same number of parking spaces (44)
• Parking ratio of 0.74 (instead of 1.02)
• Inclusion of 1 dedicated parking space for a shared vehicle
TENANT ASSISTANCE PLAN
The applicant is proposing to provide existing tenants with assistance. The applicant held a meeting with the tenants on August 14, 2024, to explain the tenant assistance plan which would contain the following provisions:
• The applicant will provide a monetary compensation as per Esquimalt’s Tenant Assistance Policy based on the size of the unit and the duration of the tenancy. [Appendix J]
• The applicant will pay $750 for moving expenses on the last day of the tenancy.
• A tenant relocation coordinator has been appointed to aid the tenants in finding housing options.
• The relocation coordinator is actively seeking housing options for those looking to relocate. Some of the tenants have chosen to remain in the units until a later date.
• Upon completion of construction, the applicant will offer the tenants the Right of First Refusal into the new building at 20% below market rate with an additional compensation of $750 for moving expenses.
Section 219 Covenant
As the applicant wishes to assure Council that uses and development will be restricted and amenities provided, the applicant has voluntarily agreed to register a Section 219 Covenant on the titles of the subject properties 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 prior to issuance of a development permit as the proposed CD No. 158 Zone does not work unless the parcels are consolidated
• Building to be constructed to meet or exceed the requirements of Step 3 of the BC Energy Step Code
• Building to include a minimum of two 3-bedroom dwelling units
• A minimum of 6 visitor parking spaces will be provided and remain
• Membership for a shared vehicle service for all the units
• Provision of a shared vehicle
• A minimum of 50% of the bicycle parking spaces to include a 110V electrical outlet
• Registration of a 2.5-metre statutory right of way along Esquimalt Road
• Registration of a right of way for the storm drain main that runs through the subject property
• Cash contribution equivalent to the cost for the reduction of rain and ground water inflow and infiltration into the sanitary sewer system
• Provision of $25,000 for a traffic island at an alternate location
• Provision of $50,000 for a crosswalk signals upgrade
If directed by Council, staff and legal counsel for the Township will coordinate with the property owners 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. 3078 to Council for consideration of adoption.
Chronology:
• August 27, 2021 - Rezoning application submitted
• March 9, 2022 - Design Review Committee
• April 19, 2022 - Advisory Planning Commission
• July 11, 2022 - Council gives 1st and 2nd reading
• August 29, 2022 - Public Hearing
Advisory Body Recommendations:
Design Review Committee:
• Members had concerns with the proposed retaining wall at the rear lot line and the lack of upper-storey setbacks.
• Members had concerns with the front entryway.
• Members would like to see increased outdoor amenity space and increased area capable of the plantings of large trees onsite.
• The Design Review Committee resolved that the application be forwarded to Council with a recommendation of approval with the condition that the applicant reconsider the design of the 6-foot-high retaining wall.
• In response, the applicant amended the appearance of the front entryway and increased the setback of the rear retaining wall to 1.3 metres.
• In the current plans as amended, attached as Appendix C, the applicant has a redesigned frontage while the rear retaining wall is 2.7 metres in height and is situated 1.8 metres from the rear lot line.
Advisory Planning Commission:
• Members had concerns with the small rear setback.
• Members had concerns with the lack of plantings on site.
• Members appreciated the size of the units and the unit composition.
• Members desired commercial uses on the ground storey as the parcels are designated neighbourhood commercial mixed-use in the Township’s Official Community Plan.
• The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval with the following conditions:
o Improving the access of the bicycle parking
o Allowing a future mid-block walkway to be developed on the right of way
o Adding visual interest to the rear retaining wall
o Considering the addition of a rooftop amenity space while minimizing its overlook
o Improving the street-level interface including but not limited to the addition of commercial space.
ANALYSIS:
OCP ANALYSIS:
The proposed development is consistent with the Proposed Land Use Designation of ‘Neighbourhood Commercial Mixed-Use’. The proposed development consists of 6-storeys, 59 residential units and a Floor Area Ratio of 2.0. Hence, this proposal is consistent with the acceptable density prescribed in the Official Community Plan.
OCP Section 3.3 Housing and Community identifies the Esquimalt Road corridor as an area for residential densification.
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 5.3 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 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 to meet the varying housing needs of Esquimalt residents.
• Encourage the incorporation of spaces designed to foster social interaction.
• Encourage the installation of electric vehicle charging infrastructure in medium and high-density residential developments.
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 6.4 Neighbourhood Commercial Mixed-Use states an objective to encourage the development of a series of neighbourhood commercial mixed-use nodes throughout Esquimalt that will primarily serve the daily needs of the surrounding neighbourhood but may also include destination uses.
Supporting policies in this section relevant with the proposed development include:
• 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 used of the building is exclusively residential.
• Encourage retail outlets that sell healthy fresh foods.
Section 11.3.2 New Development states the following policies:
• 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.
Relevant Development Permit Area Guidelines to consider as it relates to the rezoning application include:
• New buildings should be designed and sited to minimize visual intrusion on to the privacy of surrounding homes and minimize the casting of shadows on to the private outdoor space of adjacent residential units.
• The size and siting of buildings that abut existing single- and two-unit and townhouse dwelling should reflect the size and scale of adjacent development and complement the surrounding uses. To achieve this, height and setback restrictions may be imposed as a condition of the development permit.
• Underground parking should be encouraged for any multi-unit residential buildings exceeding four storeys.
• Orient buildings to take advantage of site-specific climate conditions, in terms of solar access and wind flow; design massing and solar orientation for optimum passive performance.
• Build new developments compactly, considering the solar penetration and passive performance provided for neighbouring sites, and avoid shading adjacent to usable outdoor open spaces.
• In commercial, residential, or commercial mixed-use designated areas with taller developments, vary building heights to strategically reduce the shading on to adjacent buildings.
• Provide space for significant landscaping including varying heights of trees, shrubs and ground covers.
• Provide usable outdoor amenities such as seating, food gardens, mini-libraries, and play spaces in semi-public areas to enhance the experience of walking and recreating in the neighbourhood.
• Provide space for absorbent landscaping, including significantly sized trees on the site and by not allowing underground parking structures to extend beyond building walls.
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.
|
|
CD No. 158 |
|
Residential Units |
59 |
|
Floor Area Ratio |
2.0 |
|
Lot Coverage (underground parking level) |
70% |
|
Lot Coverage at or above the First Storey |
55% |
|
Setbacks: |
|
|
Front |
5.0 m |
|
Western Interior Side |
6.0 m |
|
Eastern Interior Side |
5.0 m |
|
Rear |
6.0 m |
|
Building Height |
21.4 m [6 storeys] |
|
Off-Street Parking |
44 spaces |
|
Bicycle Parking |
78 resident spaces |
|
Usable Open Space |
117.5 m2 [7.5%] |
Floor Area Ratio: The FAR of this proposal is 2.0 and within the acceptable amount of for a building in a neighbourhood commercial mixed-use designated area.
Lot Coverage: Staff has worked with the applicant to reduce the amount of excavated area for the parkade to 70% of the site to leave natural areas that can sustain significant trees and plantings. The lot coverage at or above the First Storey is 55%.
Usable Open Space: Our zones that accommodate apartment developments generally require usable open space in the amount of not less than 7.5% of the area of the parcel. This development allows for usable open space consistent with that amount.
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 manoeuvring aisle dimensions and associated parking stall dimensions detailed in Part 14, Table 2, of the Bylaw.
This proposal incorporates 44 parking spaces to serve 59 residential dwelling units. Hence, the parking offered is less than the 77 parking spaces as required by the Parking Bylaw. It is noted that a new Parking Bylaw is currently being considered by Council. The proposed Parking Bylaw would require 42 parking stalls. A Parking Study was commissioned for this project (Appendix “E”). The study concludes that a total of 43 parking stalls are required.
As part of the applicant’s transportation demand management strategy, the applicant has included memberships to a vehicle-sharing service. Moreover, the applicant is proposing to include a shared vehicle and a dedicated parking space. For the bicycle parking provided, the applicant has allocated and designed 10% of the bicycle parking spaces for oversized bicycles.
OPTIONS:
1. That Council further amend Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078, re-read second reading as amended, and authorize the scheduling of a Public Hearing.
2. That Council postpone consideration of Amendment Bylaw No. 3078 pending receipt of additional information.
3. That Council defeat Amendment Bylaw No. 3078.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial implications associated with the proposal.
COMMUNICATIONS/ENGAGEMENT:
The applicant held a public information session on May 26, 2022; the notice for which was mailed to properties within 100m of the parcel. On August 16, 2022, notices were mailed to tenants and owners of properties within 100m (328ft) of the subject property notifying them of the Public Hearing held on August 29, 2022. Should Council authorize the scheduling of another Public Hearing, notices would be mailed again to tenants and owners of the same properties.
TIMELINES & NEXT STEPS:
Should Council give second reading to Amendment Bylaw 3078 as amended, the bylaw will proceed to a Public Hearing.
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:
List all items attached to the Staff Report
1. Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3078
2. Appendix B: Aerial Map
3. Appendix C: Architectural Drawings, Landscape Plan, and Surveyor’s Site Plan
4. Appendix D: Green Building Checklist
5. Appendix E: Parking Study
6. Appendix F: Transportation Impact Assessment
7. Appendix G: Arborist Report
8. Appendix H: Developer’s Public Consultation Summary
9. Appendix I: Public Input
10. Appendix J: Letter detailing the Tenant Relocation Plan
11. Appendix K: Applicant’s Presentation
12. Appendix L: Staff’s Presentation