Staff Report: Development Permit 2014/07 – 1652 Island Highway (Ashley Furniture)

DEVELOPMENT PERMIT 2014/07 – 1652 ISLAND HIGHWAY (ASHLEY FURNITURE)

RECOMMENDATIONS:

THAT Development Permit 2014/07 be approved;

AND THAT Development Permit 2014/07 include the following conditions:

• Requirement for a geotechnical assessment with recommendations to ensure that proposed works at the rear of the site will not affect the safety of the slope
• Requirement for a tree management plan to protect retained trees in the construction stage
• Screening of rooftop mechanical units
• Requirement for security deposit for landscape installation and for damage to the natural environment
• Recommendations from the following reports: a. “Natural Watercourse and Shoreline Memo”, Aqua-Tex Scientific Consulting dated May 2, 2014 b. “Electrical Lighting Info”, WSP dated July 9, 2014

AND FURTHER THAT Development Permit 2014/07 include the following variances:

• Variance to the minimum side yard setback from 4.5 m to 0 m (existing building)
• Variance to rear yard setback from 4.5 m to 1.0 m
• Variance to the maximum lot coverage from 40% to 41%
• Variance to onsite greenspace from 20% to 12% of lot area
• Variance to horizontal depth of front yard landscaped greenspace from 7.5m to 3.5 m
• Variance to amount of required parking from 263 to 97 stalls based on a variance to the amount of parking from 208 to 27 spaces for 2,888 m² of “furniture store” use and 388m² of “furniture and appliance warehouse” use
• Variance to the maximum height of a retaining wall from 2.0 m to 4.5 m.
• Variance to the vertical dimension of a sign component from 0.4 m to 1.0 m
• Variance to the maximum size of a sign from 11.0 m² to 13.1 m²

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING SERVICES' COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To consider a Form & Character and Environmental Development Permit for the construction of a single storey 1993m² addition to a commercial building. Variances are requested for parking, lot coverage, greenspace, building setbacks, signs, retaining wall height, and landscaping requirements.

BACKGROUND:

The 11,022 m² subject property is located on the north side of Island Highway and backs on to the Millstream Creek / Esquimalt Harbour intertidal area. The property is zoned Business Park Commercial: C-7. A 2,805m² building exists on the site, containing three businesses: a 1,417m² furniture store (Six Mile Furniture), a 1,295m² retail store (KMS Tools) and a 93 m² auto parts installer (West Coast Spring and 4x4).

The subject property was created as part of Plan 748, which was originally surveyed and registered in 1891. The present natural boundary of the Millstream Creek / Esquimalt Harbour intertidal area is beyond the property line as shown in Attachments 6 & 7. The property owner has the right to acquire the land area between the lot line and present natural boundary as an accretion. Some of this area is at the top of bank but the majority is a vegetated slope of up to 30% in places.

Adjacent parcels are also zoned C-7 and uses include auto sales at Howie's Car Corral to the west, a large vacant parcel to the east, and commercial uses at West Shore U-lock mini Storage, Interstate Batteries and GoldStar Auto to the south across the road.

Development Permit DPR05-06 was approved in 2006 to construct a similar sized addition. It was not constructed and the development permit expired.

The current application was introduced at the June 10, 2014 Committee of the Whole meeting. The technical review had just concluded and the identified issues have since been resolved. Additional variances have been identified in the review of updated information for consideration in the updated proposal.

PROJECT INFORMATION:

The applicant proposes to construct a single storey 1993 m² addition to expand the commercial building from 2805 m² to 4798 m². The addition would occupy what is currently an asphalt parking lot at the front of the parcel as shown in Attachments 6 & 7.

The addition would be comprised of an 1859 m² expansion of the furniture store and a 134m² commercial unit for a future business use. A building module with a raised roofline and extensive full height glazing would provide an entry feature for the furniture store. Exterior finishes would be good quality, long lasting materials, including vertical white metal cladding with cedar siding accents at the furniture store entrance and two types of concrete masonry units to provide colour and texture variations for the other parts of the addition.

Land Use Bylaw Requirements

The following table summarizes compliance with Land Use Bylaw requirements. Variances are requested for parking, lot coverage, greenspace, building setbacks, signs, retaining wall height, and landscaping requirements.

*Variance requested – see Analysis Section B

A sign plan has been incorporated into the plans for the addition.

Storm Water Management

Currently, all storm water runoff is collected in an underground piped system through an oil water separator and discharged through an outfall to the Millstream Creek/Esquimalt Harbour intertidal area at the rear of the property. Post development, the majority of storm water runoff from the parking lot would be directed to the existing outfall at the rear of the property. A rain garden at the northern property corner would provide treatment and some infiltration and evapotranspiration, but may not be possible for all runoff due to depth restrictions.

Runoff from the roof of the proposed addition would be directed to the piped system and treated by mechanical means. Runoff from the impervious areas at the rear of the property, west of the buildings will be directed to a rain garden for treatment. All other stormwater runoff from parking areas are proposed to be treated first by soak-away manholes and/or catch basins. These soak-away facilities are perforated concrete structures surrounded by drain rock to allow runoff to infiltrate into the ground and settle out suspended solids.

Additional storm water detention is not proposed as there would be no net increase in runoff. Infiltration trenches will be considered where ground conditions permit to reduce the total runoff volume and recharge groundwater.

All stormwater management facilities including catchbasins, oil/water separators and raingardens require periodic maintenance. Unfortunately there is no efficient means to monitor or regulate this. The best approach may be for Council to initiate a public outreach program to educate property owners.

Landscaping

The areas along the front and side lot lines would be intensively planted with shrubs and ground cover. The only lawn areas on the site would be narrow strips that would provide a visual connection to the grass boulevard.

The vegetation on the slope at the rear of the property would be largely undisturbed in accordance with the biologists report because it is thick and is essential for slope stability. There are relatively low amounts of invasive species.

Frontage Improvements

As shown in Figure 1, there is currently no sidewalk along the site frontage. The proposal (see Figure 2) is for a 1.5 m sidewalk separated from Island Highway by a bio swale until a capital project is undertaken to complement the recent works on the other side of the street.

The proposed layout has the potential to be designed to ultimate design for the Island Highway as per the proposed road cross sections recommended in the Transportation Master Plan developed in 2007. The following alterations would need to be facilitated and or adopted by the Developer:

• Sidewalk will need to be 2 metres in width not 1.5 metres
• The grass swale between curb and sidewalk needs to be 2 metres in width
• The swale needs to drain to the east
• The existing culverts will need to be replaced with a new perforated pipe below swale
• Elevation and location of existing Sanitary Sewer needs to be confirmed and verified that it will not conflict with drainage pipe
• Temporary tie ins to the sidewalk on both ends will need to transition to the existing paved shoulder
• Existing bike lane markings and widths will need to be altered to ensure the width maintained is 1.8 metres throughout the frontage and transitioned
• Design must ensure that existing lane widths for traffic are no narrower than 3.3 metres

These offsite works are details that can be addressed in the Servicing Agreement process following issuance of the development permit.

ANALYSIS:

There are three principle issues associated with this Development Permit application: a) Is the proposal in accordance with the applicable development permit guidelines? b) Are identified variances supportable? c) What are the outstanding issues for Council consideration of the application?

A. Development Permit Area Guidelines

The parcel is within two development permit areas: the Commercial Development Permit Area for the regulation of form and character for commercial development and the Natural Watercourse and Shoreline Permit Area for the regulation of development near the natural shoreline.

Overall, the proposal is in accordance with the relevant guidelines of the Commercial Development Permit Area guidelines (see Attachment 20). One challenge is the long wall on the east elevation of the addition (see Attachments 10 & 11) which anticipates that visibility from Island Highway may be obscured by eventual development of the adjacent vacant property. The design would break up the length of the wall with roof height variation, articulated sections, and some windows but the side of the building would be a large surface with no opportunity for landscaping to soften the face. The design theme is simple, clean lines with variations in surface texture. The applicant does not wish to alter this façade because it is the side elevation of the building that would be mitigated by fencing along the east property line and in the long term, likely blocked from view by development on the adjacent parcel. Large windows on this elevation could cause sun-bleaching of products in the show room.

The Registered Professional Biologists report (Attachment 17) outlines how the proposal would address the Natural Watercourse and Shoreline Development Permit Area guidelines. The shoreline is a marine environment, so Riparian Area Regulations do not apply but other marine regulations do. The recommendations in the report would be incorporated into the requirements of the development permit.

Further to the biologists report, staff notes that land at the rear of the property has been used for storing old trucks, shipping containers, vehicles, and a boat (see Figure 3). Dumped materials such as concrete and automotive suspension parts are also visible. Much of the area would be cleaned up as part of the redevelopment. The property owner has indicated willingness to revegetate this area to increase the amount of greenspace.

To fully address the guidelines, it is recommended that the following be included as development permit conditions in addition to the biologists report: a. Requirement for a geotechnical assessment with recommendations to ensure that proposed works at the rear of the site will not affect the safety of the slope. b. A tree management plan to protect retained trees from construction impacts c. Rooftop mechanical units be screened d. Requirement for security deposit for landscape installation and for damage to the natural environment

B. Variances

Variances are requested for parking, lot coverage, greenspace, building setbacks, signs, retaining wall height, and landscaping requirements.

Parking

A variance is requested to reduce parking requirements. In accordance with the Commercial Development Permit Area guidelines, a parking demand study (Attachment 18) has been provided that 58 spaces would be adequate for this building because the primary furniture store occupancy has relatively a low parking demand. The request to reduce the amount parking from 263 to 97 spaces based on a variance to the amount of required parking from 208 to 27 spaces for 2,888 m² of “furniture store” use and 388m² of “furniture and appliance warehouse” use would tie the variances to the furniture store use. The variances can be supported because the supply exceeds what is recommended in the parking study for the current uses by 40 spaces. A covenant is not necessary.

Development Permit DPR05-06, which was approved in 2006 to permit a similar sized addition that was never constructed, also included an equivalent variance to reduce parking requirements from 213 to 100 parking spaces.

It should be noted that the requested variance would accommodate the current proposal but there may be a shortage of parking if a different use is proposed for the furniture store space in the future. If uses with more intensive parking demands are proposed, the property owner’s options will include providing additional parking, reducing the building size, and/or requesting a parking variance.

It should be noted that subsequent to the June 10, 2014 Committee of the Whole meeting, the number of proposed spaces has been reduced from 110 to 97 spaces because additional truck circulation area is needed near the loading dock.

Lot Coverage and Greenspace

A variance is requested to permit a lot coverage of 41% (4,472 m²) where 40% (4,408 m²/11022 m²) is the maximum permitted. The nature of furniture sales typically relies on a large floor plate. The age of the existing building makes it impractical to add a second floor. The variance is supportable because the proposed addition would bring the building closer to the street and the massing would screen the older portions of the building.

A variance is requested to permit 12% of the site area as natural or landscaped greenspace where 20% is required. The variance can be supported because the existing greenspace would be improved and to create a net increase of greenspace in the immediate area, the applicant proposes to revegetate a 469 m² gravel area offsite at the rear that is equivalent to 4% of the parcel.

It should be noted that if the property owner were to annex the land between the property line and the natural boundary, the site would be approximately 13,500 m² and the proposed development would be well within lot coverage (4,472m² = 33%) and greenspace (app. 4,090m² = 30%) requirements.

Setbacks

Portions of the existing building do not comply with current zoning setback requirements. BC Assessment records indicate the building was originally constructed in 1960. As shown in Attachment 7, the KMS Tools section of the building is less than 1.0 m from the side lot line where 4.5 m is required, and a portion of the Six Mile Furniture portion of the building is 2.0 m from the rear lot line where 4.5 m is required.

A review of development permits previously issued by the Town and registered on title do not show any variances granted for these setbacks. Variances should be considered to formalize portions of the existing building that do not comply with the current C-7 zone to acknowledge the siting. The proposed development does not require any modifications to these portions of the building.

The rear setback is proposed to be further reduced to 1.0 m (4.5 m required). The variance is requested to accommodate the location of garbage and recycling facilities at rear of the existing building beside the loading dock (Attachment 14). The variance can be supported because it is only for one corner of the waste management / recycling facility. The facilities would be in an accessible location near the loading dock. The current rear lot line is set back from top of bank well away from the natural boundary and no offsite impacts are anticipated.

Signs

Variances are requested to permit two 13.1 m² signs (11.0 m² maximum permitted) for the furniture store with of sign components with vertical dimensions that would be up to 1.0 m (0.4 m maximum permitted). Given the size of the signs relative to the size of the building, the variances can be supported. The materials and illumination of individual channel lettering would meet bylaw requirements.

Retaining Wall Height

A retaining wall is proposed to be 4.5 m high where 2.0 m is the maximum permitted. This variance is necessary because it would provide structural support for the rain garden at the rear of the property along the bank. The location has been disturbed with gravel surfacing. Installation of the wall would allow for increased vegetation and storm water infiltration in this area and would help stabilize the top of bank.

Horizontal Depth of Front Yard Landscaping

The variance to permit 3.5 m horizontal depth of combined front yard/boulevard landscaped greenspace (7.5m required) can be supported because the proposed 2.5m boulevard swale along Island Highway would provide an additional 2.5 m of horizontal planting area but cannot be included by definition.

RECOMMENDATION:

THAT Development Permit 2014/07 be approved;

AND THAT Development Permit 2014/07 include the following conditions:

• Requirement for a geotechnical assessment with recommendations to ensure that proposed works at the rear of the site will not affect the safety of the slope
• Requirement for a tree management plan to protect retained trees in the construction stage
• Screening of rooftop mechanical units
• Requirement for security deposit for landscape installation and damage to the natural environment
• Recommendations from the following reports: c. “Natural Watercourse and Shoreline Memo”, Aqua-Tex Scientific Consulting dated May 2, 2014 d. “Electrical Lighting Info”, WSP dated July 9, 2014

AND FURTHER THAT Development Permit 2014/07 include the following variances:

• Variance to the minimum side yard setback from 4.5 m to 0 m (existing building)
• Variance to rear yard setback from 4.5 m to 1.0 m
• Variance to the maximum lot coverage from 40% to 41%
• Variance to onsite greenspace from 20% to 12% of lot area
• Variance to horizontal depth of front yard landscaped greenspace from 7.5m to 3.5 m
• Variance to amount of required parking from 263 to 97 stalls based on a variance to the amount of parking from 208 to 27 spaces for 2,888 m² of “furniture store” use and 388m² of “furniture and appliance warehouse” use
• Variance to the maximum height of a retaining wall from 2.0 m to 4.5 m.
• Variance to the vertical dimension of a sign component from 0.4 m to 1.0 m
• Variance to the maximum size of a sign from 11.0 m² to 13.1 m²

SUBMITTED BY: J. Chow, MCIP, RPP, Senior Planner REVIEWED BY: L. Chase, MCIP, RPP, Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Letter to Mayor and Council from Omicron AEC - May 5, 2014 (8 pages)
3. Six Mile Furniture (Title Sheet), Omicron AEC – May 5, 2014
4. A1.1 Context Plan and Project Data and Context Photos, Omicron AEC – May 5, 2014
5. A1.2 Contextual Street Photos, Omicron AEC – May 5, 2014
6. Site Plan, Powell and Associates – April 4, 2014
7. A2.1 Site Plan, Omicron AEC – May 5, 2014
8. A2.2 Main Floor Plan, Omicron AEC – May 5, 2014
9. A2.3 Roof Plan, Omicron AEC – May 5, 2014
10. A3.1 Building Renderings, Omicron AEC – May 5, 2014
11. A3.2 Building Elevations, Omicron AEC – June 13, 2014
12. A4.1 Building Sections, Omicron AEC – May 5, 2014
13. DP-C-01 Conceptual Servicing Plan, WSP Canada – April 29, 2014
14. L1 Landscape Plan, Small & Rossell Landscape Architects - July 9, 2014
15. L2 Landscape Cross Sections, Small & Rossell Landscape Architects - May 5, 2014
16. Colour and Materials Board, Omicron AEC – May 5, 2014
17. Natural Watercourse and Shoreline Memo, Aqua-Tex Scientific Consulting - May 2, 2014
18. Six Mile Furniture Parking Study, Boulevard Transportation – May 1, 2014 (10 pages)
19. Sustainability Checklist, Omicron AEC – May 5, 2014 (pages)
20. Development Permit Guideline Review, Town of View Royal Development Services
21. Electrical Lighting Info, WSP – July 9, 2014 (2 pages)

Attachment 1. Location Plan