REQUEST FOR DECISION
DATE: May 20, 2020 Report No. DEV-20-023
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit and Development Variance Permit - 937 Colville Road
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000133 [Appendix A of staff report DEV-20-023] authorizing the design of the proposed six-unit residential building, consistent with the B.C. Land Surveyor’s Site Plan prepared by Summit Land Surveying stamped ‘Received Jan 28, 2020’, the architectural drawings prepared by Christine Lintott Architects, stamped ‘Received March 18, 2020’, and the landscape plan prepared by Imagine Garden Design and Landscapes stamped “Received March 18, 2020” be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 937 Colville Road [PID 003-679-144, Lot 4, Block 1, Section 10, Esquimalt District, Plan 6277]; and
That Council resolves that Development Variance Permit No. DVP00097 [Appendix B of staff report DEV-20-023] authorizing an increase to the permitted height for the proposed building consistent with the B.C. Land Surveyor’s Site Plan prepared by Summit Land Surveying stamped ‘Received Jan 28, 2020’, and the architectural drawings prepared by Christine Lintott Architects, stamped ‘Received March 18, 2020’’, 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 937 Colville Road [PID 003-679-144, Lot 4, Block 1, Section 10, Esquimalt District, Plan 6277];
Zoning Bylaw 1992, No. 2050, Section 67.113, [CD No. 126], (6) Building Height: An increase to the permitted height of a building from 9.1 metres to 9.5 metres measured from grade to the midpoint between the eaves and the highest ridge, for a variance of 0.4 metres.
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
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:
Healthy, Livable and Diverse Community: support community growth, housing and development consistent with our Official Community Plan.
BACKGROUND:
Appendix A: DP000133
Appendix B: DVP00097
Appendix C: Air Photo, CD No. 126, Mail Notice
Appendix D: Applicant’s Letter, Green Building Checklist, Colourboard
Appendix E: Site Plan, Architectural Drawings, Landscape Plan
Appendix F: DP Guidelines - Jan 2020 - DPA 1, 6, 7
Appendix G: DP Guidelines - May 2020 - DPA 2, 8
Appendix H: Applicant’s Presentation
Purpose of the Application:
The applicant is proposing six (6), two bedroom strata dwelling units, to be built in a single, stacked style townhouse building. Comprehensive Development District No. 126 of Esquimalt Zoning Bylaw 1992, No. 2050 has been written to regulate this development.
This site is located within Development Permit Area No. 1 - Natural Environment, 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. 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. The development permit is required prior to a building permit being issued for the construction of a structure.
Evaluation of this application should focus on issues respecting the form and character of the development, including landscaping, exterior design and finish of the buildings and other structures in relation to the relevant development permit area design 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.
Context:
Applicant: Ryan Jabs, Lapis Homes Ltd.
Owners: Ryan Jabs, Lapis Homes Ltd., Inc. No. BC1063135 and
Jesse Cooke, 1156835 B.C. Ltd., Inc., No. BC1156835
Surrounding Land Uses:
North: Two Family Residential [RD-3]
South: Single Family Residential [CD-32]
West: Ten (10) Townhouses [CD-112] - under construction
East: Single Family Residential / Meditation Centre [CD-70]
Existing Zoning: Comprehensive Development District No. 126 [CD No. 126]
Present OCP Designation: Townhouse Residential
Zoning and Parking Analysis:
The following chart summarizes many of the requirements contained within the Zoning Bylaw 1992, No. 2050 Comprehensive Development District No. 126 [CD No. 126] [Appendix C].
A 0.4 metre variance to the permitted height has been requested. Due to unforeseen issues with the depth of an existing municipal sewer pipe on the property, additional fill material will be required for the proposed driveway to adequately cover the sewer pipe. The height variance would allow the building to be raised relative to the existing grade of the site and maintain a similar height above the finished grade of the proposed driveway. This would also improve the livability of the lower floor units, with windows sized to provide ample light to the lower floor units.
Official Community Plan [OCP] Analysis:
This site is located within Development Permit Area No. 1 - Natural Environment, 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 of the Official Community Plan guidelines from these Development Permit Areas in evaluating a DP application, the applicant has submitted a document addressing these guidelines [Appendices F and G).
OCP Section 18 Development Permit Area No. 1 - Natural Environment
18.5.1 Lands Free of Development
This site is well away from local waterways so these guidelines are not applicable (NA).
18.5.2 Natural Features
This site currently has few existing natural features. Some alteration of the topography and removal of some soils is advantageous to facilitate the placement of the proposed building.
OCP Section 18.5.3 Biodiversity
The mix of native and ornamental vegetation and the proposed water feature (rain garden) have the potential to offer greater habitat to local species than the sparse vegetation (turf grass) that exists on the site currently. Any native soil that can be saved on site could assist with the successful establishment of native and ornamental plant species.
OCP Section 18.5.4 Natural Environment
Vegetation will contribute to a positive urban environment buffering noise levels and absorbing air pollution from traffic. Lighting can be chosen and sited to minimalize light pollution levels, while still providing for safe movement on site.
OCP Section 18.5.5 Drainage and Erosion
The proposed addition of trees on site should help with drainage. The addition of larger conifers, where feasible, would contribute further towards absorption of precipitation in winter months.
OCP Section 18.5.7 Native Bird Biodiversity
The proposed mix of species types and sizes should support the goal of increasing habitat for native bird populations. The addition of larger native tree species would contribute to improved shelter for native birds.
OCP Section 19 - Development Permit Area No. 2 - Hazardous Conditions [Tsunami]
This site appears to not be included within the latest identified tsunami inundation area.
OCP Section 23 - Development Permit Area No. 6 - Multi-Family Residential Guidelines
The applicant has demonstrated that fit with the neighbourhood in terms of size and siting of buildings have been thoughtfully considered; as has privacy, and the pedestrian environment on Colville Road. The location, adjacent to the sidewalk has been mitigated by the addition of vegetation and limiting the staircase size.
OCP Section 24 - Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction
24.5.1 Siting of buildings and structures
Site configuration has limited the layout options for these townhouse buildings. In our increasingly warm climate, east facing walls will likely become the most desirable for solar gain in the morning, while limiting hot southern and western light penetration could be seen as desirable.
24.5.2 Form and exterior design of buildings and structures
The building form allows for considerable potential energy conservation, and will be built to BC Energy Code Step 3 as a covenant requirement. It is designed to encourage bicycle use, and provides access at several locations for pedestrians. If the future strata are interested in supporting a mini-library, the location by the front stairs could inspire neighbourly interaction.
24.5.3 Landscaping
The landscape plan appears to meets the intent of the guidelines in this section, while balancing the needs for on-site parking.
24.5.4 Machinery, equipment and systems external to buildings and other structures
Exterior lighting is being designed to be low impact and for safety. HRV system to be utilized, and will be built to Energy Step Code level 3 (covenanted item). Car share vehicle will be available at 955 Colville Road when that development is completed.
24.5.5 Special Features
Wood and durable building materials are being proposed, to be locally sourced where possible and some recycling of the existing building materials, where feasible.
OCP Section 25 - Development Permit Area No. 8 - Water Conservation
25.5.1 Building and Landscape Design
Having a fairly compact three storey design allows for density while some site area is being made available for permeability. The rain garden location in the south-east corner should assist with the capture of stormwater from the driveway and a portion of the roof leaders are being directed in this location, with an overflow to accommodate heavier rain events.
25.5.2 Landscaping - Select Plantings for Site and Local Conditions
It appears that the site conditions have been considered in the choice of plantings.
25.5.3 Landscaping - Retaining Stormwater on Site (absorbent landscaping)
Proposed landscaping includes a rain garden, plantings and a landscaped strip in the driveway that will help water slowly absorb into the soils on site. The rain garden in particular would hold water from each precipitation event and facilitate slow absorption, thereby lessening pressure on local storm water systems.
25.5.4 Landscaping - Water features and Irrigation systems
Automated irrigation system is proposed.
Comments from Design Review Committee
This application was considered at the regular meeting of the Design Review Committee held on March 11, 2020. The committee made a recommendation to approve subject to the following conditions:
• Replacement of wood pickets with metal or glass
• Design of material and colour on front to be more authentic
• Better landscaping
• Revisit paving pattern to break up dominance of parking area (colours, patterns)
• Remove invasive species and incorporate more native species
• Use caliper sized trees
• Develop amenity area so it becomes more of an amenity for residents
• Design side slope for accessibility and safety
• Revisit form and character of front elevation to remove faux vent
• Explore the location of the garbage facility
• Include address signage
Comments from Other Departments
The plans for this proposal were circulated to other departments and the following comments were received:
Building Inspection: Construct to current BC Building Code and Municipal Building Code Bylaw, 2002, No. 2538. Subject to code and bylaw review at time of building permit application.
Engineering Services: Engineering has completed a preliminary review of the proposed development at 937 Colville Road. The developer should be aware that they may be required to provide Works and Services up to the road centre line. At a minimum new curb, gutter and sidewalks along the frontage of the proposed development maybe required. The development is to have sewer, drain, catch basin and water service connections, as well as underground hydro, telephone, and cable. Additional review and comments will be provided upon receipt of detailed engineering drawings. All proposed Works and Services shall be as per Bylaw, 1997, No. 2175. The applicant is responsible for retaining the services of qualified professional for the design and construction supervision of all Works and Services, including construction costs, engineering fees, administrative fees and as indicated in Bylaw No. 2175.
Fire Services: Sprinklers will be required for this building as per Building Regulation Bylaw 2017, No. 2899. A fire department lockbox will be required for the common room (bike storage), and a pre-construction safety plan will be required at building permit stage.
ISSUES:
1. Rationale for Selected Option
The Design Review Committee has recommended approval with conditions, which the applicant has considered. This proposal has the potential to add six new housing units while inspiring owner/ residents to adopt a low carbon lifestyle.
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 chosen to completed the original Esquimalt Green Building Checklist [Appendix D]
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 May 11, 2020 indicating that Council would be considering the requested Development Variance Permit on May 25, 2020. To date, the Development Services Department has received not comments as a result of these notifications other than a phone call from the executer for the estate for an estate property. He verbally said that as the executer he had no concerns.
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000133 [Appendix A] and Development Variance Permit No. DVP00097 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at 937 Colville Road [PID 003-679-144, Lot 4, Block 1, Section 10, Esquimalt District, Plan 6277].
2. That Council resolves that Development Permit No. DP000133 [Appendix A], be updated as directed, and that Development Variance Permit No. DVP00097 [Appendix B] be approved with conditions, and staff be directed to issue the permits and register the notices on the title of the property located at 937 Colville Road [PID 003-679-144, Lot 4, Block 1, Section 10, Esquimalt District, Plan 6277].
3. That Council deny Development Permit No. DP000133 [Appendix A] and Development Variance Permit No. DVP00097 [Appendix B] with reasons.