DISTRICT OF

OAl(WBAY
REPORT TO:

Committee of the Whole

FROM:

Deborah Jensen, Manager of Planning

DATE:

January 10, 2017

RE:

Zoning Amendment (ZON00023)

2258 / 2268 I 2276 I 2296 Cadboro Bay Road, 2247 Bowker Avenue

EXECUTIVE SUMMARY

The District of Oak Bay is in receipt of a zoning amendment application and development permit
application to construct a mixed use commercial and multifamily development at the corner of
Cadboro Bay Road and Bowker Avenue. The proposed development would rezone the property
from Three Storey Multiple Dwellings Use (RM-3) to a new Comprehensive Development Use Bowker Village (CD-3). The proposed mix of uses and scale of development, supported by Official
Community Plan (OCP) policies, is not anticipated by Zoning Bylaw No. 3531 and a new zone is
required.
Located at the intersection of Cadboro Bay Road and Bowker Avenue, the site is currently
occupied by commercial and residential buildings. The proposed development would consolidate
these lots to construct a four storey mixed use building.
Staff have reviewed the proposed development in respect of OCP policies, other District
requirements, and context with the surrounding residential neighbourhood. Based upon the
overall results of this review, staff
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support the proposed development in
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principle.
BACKGROUND

The District of Oak Bay has received

an application to rezone multiple
properties to facilitate a mixed use
commercial and multifamily residential
development. The application would
rezone the subject area from Three
Storey Multiple Dwellings Use (RM-3)
to
a
new
Comprehensive
Development Use - Bowker Village
(CD-3). A second application for a
development permit has also been
received to consider form and
character, the design of the building.
ZON00023 - Cadboro Bay Road / Bowker Avenue
January 10, 2017

Page 1 of 8

The characteristics of the subject area are as noted below:

Sub ect Prope

Current OCP Designation

Current Zone
Proposed Zone
Current Use
Proposed Use
Location
Lot Size

Secondary Village
Multi Unit Residential
Three Storey Multiple Dwellings Use (RM-3)
Comprehensive Development Use - Bowker Village (CD-3)
Commercial / Office Space, Duplex, Single Family Residential
Ground Floor Commercial Space
43 Residential Units
Cadboro Bay Road and Bowker Avenue Intersection -West Corner
Approximately 2604 m2 (28,029 ft2 )

The subject area is located along Cadboro Bay Road and Bowker Avenue, and is surrounded by
a mix of uses including single family homes, multifamily developments and public institutions.
Three single family homes, a duplex, and commercial / office space currently occupy the site.
Official Community Plan

The subject area is affected by two separate Official Community Plan (OCP) land use
designations. The Secondary Village designation represents service oriented areas intended to
meet local needs by offering a variety of shops, restaurants and entertainment. The Multi Unit
Residential designation supports an expansion of housing units while still addressing concerns
such as tree protection, parking, traffic, noise, effects on other properties, and neighbourhood
character.
Policies for these land use designations specifically encourage increases in the number of
housing units through redevelopment projects with parking provided below grade or underground.
Proposed Development and Rezoning

The applicant proposes to rezone

the subject area in order to
construct a four storey mixed use
development. Existing buildings
would be removed and replaced
with a single building facing both
Cadboro Bay Road and Bowker
Avenue. Lot consolidation would
combine the five separate
properties into one parcel.
Ground floor commercial space
would front along Cadboro Bay
Road, with residential uses
fronting Bowker Avenue and the
westernmost end along Cadboro
Bay Road.
A total of
43 multifamily residential units
are proposed, with underground parking accessed from Bowker Avenue.
ZON00023 - Cadboro Bay Road / Bowker Avenue
January 10, 2017

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The proposed development presents the following characteristics:

Lot Chsrscterlstlcs
Total Lot Size
Use(s)
Number of Units

Unit Sizes
Floor Area Ratio
Lot Coverage
Building Height
On Site Parking

Access

2604 m2 (28,029 ft2)

Commercial / Office Space, Multifamily Dwellings
43 Residential Units
5 Commercial Units
139 m2 Restaurant Use
1, 2 and 3 Bedroom Units
Sizes Ranging From 65 rr1 (700 ff) to 177 rr1 (1905 ff)
2.92
88.7%
33.14 m (109 ft) - 4 Storeys
52 - Residential Parking Stalls
6- Commercial Parking Stalls
1 - Visitor Parking Stall
77 - Bicycle Parking Stalls
10 - Scooter / Motorcycle Parking Stalls
Bowker Avenue

The proposal will require the removal of existing buildings and on site trees prior to constructing
the multi storey building and underground parking. The proposed development is at a density
higher than that currently found in this Secondary Village, but that the applicant feels meets the
policies of the Official Community Plan.
A development permit application to address form and character is being reviewed concurrently
with the rezoning application. Should the rezoning application be approved, the development
permit application will subsequently be brought forward to Council for consideration of approval.

ANALYSIS

The Official Community Plan

(OCP) land use designations set
a vision for the subject area, and
with the existing uses is currently
underutilized. The introduction of
43 dwelling units provides for
increased housing units in the
neighbourhood and with a mix of
unit types and sizes. The six
commercial
units
provide
opportunities to meet local
needs, including a restaurant
space
proposed
at
the
intersection of Cadboro Bay
Road and Bowker Avenue.

ZON00023 - Cadboro Bay Road / Bowker Avenue

January 10, 2017

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The proposed development represents a residential density of 188 units per hectare, with a total
floor area ratio (FAR) of 2.92. This exceeds the FAR of any existing development in Oak Bay but
with no specific density or height ranges attributed to the OCP land use designations, the
proposed development is not inconsistent with OCP policy.
The proposed development of a four storey mixed use commercial and residential building
includes 43 residential units and six commercial units. The proposal satisfies multiple OCP
policies by increasing the number and mix of housing units, providing commercial space at ground
level, and incorporating green characteristics such as rain gardens. The development does,
however, precede OCP direction (policy MUC11) to prepare an urban design plan for Oak Bay's
villages that establishes consistent urban design and street standards to assist in building the
villages' identity and sense of place. That plan should consider features such as paving, lighting,
street furniture, public art and gateway features. The applicant believes a unique identity and
sense of place for the neighbourhood has been accommodated through the proposed
development, noting that substantial consultation was undertaken with the neighbourhood in
developing and refining the proposal.
As part of the overall analysis of the project, staff have reviewed the proposed development in
context with the surrounding properties. The site has been developed to reflect the distinct
characteristics of the street on both frontages. The residential uses along Bowker Avenue are in
keeping with both the single family and multifamily character of the street, whereas the
commercial and residential uses along the south side are indicative of the larger building massing
and transportation corridor of Cadboro Bay Road.
The Parking Facilities Bylaw, 1986 sets out the minimum number of parking spaces required for
land uses located within the Oak Bay community. The development as proposed in a similar zone
would require a total of 127 parking spaces, 97 for the residential use and 30 for the commercial
use. The applicant is proposing a total of 59 parking spaces. In addition, on street parking
currently accommodates nine vehicles along Bowker Avenue and 10 vehicles along Cadboro Bay
Road. With the proposed landscaping, on street parking will be reduced to three parking stalls
along Bowker Avenue and eight parking stalls along Cadboro Bay Road. With the reduction in
required parking stalls, a variance for parking would be included in the development permit as

Parking Facilities Bylaw Section(s)

Required

Requested

Variance

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Residential Use

97

52

45

The proposed zone is not reflected in the Parking Facilities Bylaw. Calculations are as per Section 4.3.2
to determine a similar use.

The Oak Bay Active Transportation Strategy encourages the development of bike lanes/ shared
lanes along Cadboro Bay Road. The applicant proposes to upgrade the frontage along Cadboro
Bay Road by widening the sidewalk for pedestrian traffic and recessing on street parking, as noted
above, to accommodate a future bike lane at this location.
As outlined in section 4.1.2 of the OCP, community amenity contributions should be considered
in context of the proposed development and may include items such as affordable housing,
protection of large trees or natural features, public art, attractive paving, street trees and site
furniture, and sidewalk, trail, path, road or bike route improvements. The applicant is proposing
a number of community amenities, including restoring and widening the sidewalk, recessing on
ZON00023 - Cadboro Bay Road/ Bowker Avenue
January 10, 2017

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street parking along Cadboro Bay Road to accommodate a future bike lane along Cadboro Bay
Road, and planting new street trees. Cost of off site works is estimated at $128,600. The
applicant is also amenable to entering into a housing agreement to ensure no restrictions will be
placed on the rental of dwelling units, and to a restrictive covenant ensuring restaurant use will
be provided at the front of the building, and a plaza area will be protected as an open public
gathering space.
In addition, the applicant is also proposing to contribute $50,000 toward a fund for upgrading the
intersection of Cadboro Bay Road and Bowker Avenue. This is provided in response to concerns
heard by the neighbourhood regarding the safety of the intersection, and to an operational review
initiated in 2009 by the District to improve the intersection.

Additional works and services will also be required to proceed with the proposed development,
including any necessary upgrades to on site and off site infrastructure, sidewalks and roads. In
addition to those works and services, the applicant is proposing additional infrastructure, as noted
above, including wider sidewalks and installation of street trees along Cadboro Bay Road and
Bowker Avenue, both of which consist of wider road rights of way.
A tree inventory prepared by Talbot Mackenzie indicates that the trees identified on the site are
in fair condition. The District arborist has reviewed the information and has worked in consult with
Talbot staff, and notes that a number of Garry oaks will be removed for the project, with new on
site trees and boulevard trees planted in adequate soil volumes to provide the best opportunity
for survival and reduce impact on surrounding infrastructure.
Public Input

The applicant has indicated they have met with local residents on several occasions to discuss
the proposed development and have refined their plans accordingly based on feedback. The
District has also received correspondence indicating concern for the loss of trees.
Advisory Planning Commission and Advisory Design Panel

The application was presented for preliminary review at the October 4, 2016 meeting of the
Advisory Design Panel. The Panel offered numerous comments with respect to the height and
massing of the building, indicating one of the challenges was transitioning to the single family
homes on Bowker Avenue. They also noted that the proposal was a good use of the property
although the density is high, and suggested further consideration be given to the scale of
development along Bowker Avenue.
At a subsequent meeting on December 6, 2016, the Advisory Design Panel formally considered
the application. The applicant indicated they had reduced the density of the building from 49 to
43 residential units, and pulled back the westernmost end and the upper floor to reduce massing.
They also indicated the number of parking stalls had been increased and cladding materials
reconsidered to utilize warmer and richer textures, including tumbled brick, board and batten, and
frosted glass in stairwells. The Advisory Design Panel noted density issues had been improved,
but suggested increases to landscaping along the western end of the site, improvements to
ground floor unit accesses, and other minor modifications to exterior cladding. The Panel also
specifically recommended the applicant revisit the design to protect trees #3 and #190, as
indicated on the site plans, and make revisions to the underground structure as necessary.
The Panel recommended Council consider approving the proposed development, to construct a
multi storey mixed use development at the corner of Cadboro Bay Road and Bowker Avenue.
ZON00023 - Cadboro Bay Road / Bowker Avenue
January 10, 2017

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The application was also presented for preliminary review at the November 1, 2016 meeting of
the Advisory Planning Commission. That applicant advised that they had held four community
consultation events with the neighbourhood, and the residents had indicated no attachment to
existing buildings, that a multi storey, mixed use development was appropriate for the site, that
traffic and parking needed to be addressed on Cadboro Bay Road, and that a community
gathering space was requested to help create neighbourhood identity. They also noted that a
restaurant is proposed at the front of the building, and they are proposing a monetary contribution
to help with upgrades of the intersection.
The Commission noted that this is a promising concept, that setting back the top floor would soften
the look of the building, and that the applicant should make more effort to achieve affordability or
provide rental units. Of specific mention was the need for a mix of housing sizes and types to
provide for affordable housing.
The application was subsequently brought back to the January 3, 2017 meeting of the Advisory
Planning Commission for a formal recommendation. The applicant advised that the massing and
number of residences had been reduced to 43 units, that two units along Cadboro Bay Road are
being designed for aging in place, that the number of parking stalls had been increased and on
street improvements include a widened sidewalk and planted Garry oak trees. The applicant also
indicated they were willing to enter into agreements that ensured a restaurant use at the front of
the building, that restrictions would not be placed on rental of units, and that the front plaza area
would be protected for public use.
The Commission responded to the application by indicating general support for the proposal and
that it was in keeping with the OCP vision for a village node. Specific concern was noted regarding
the overall massing of the building and its scale within the neighbourhood, the height of the
development at the corner of Cadboro Bay Road and Bowker Avenue, the transition of the
proposal with the adjacent single family and multifamily developments, and the impact of a
reduction in parking. In addition, the Commission reiterated concern regarding the lack of
affordable, inclusive housing; and determined that the community amenity contribution, as
proposed, was not in keeping with the scale and impact of the development.
The Commission recommended that Council consider approving the proposed development, to
construct a multi storey, mixed use development at the corner of Cadboro Bay Road and Bo:wker
Avenue.

Development Permit Application

As previously noted, a development permit will subsequently be brought forward to Council for
consideration should the rezoning application be approved. The form and character of the
proposed design is expected to substantially comply with the design guidelines set out for the
Commercial and Mixed Use Development Permit Area and the Multi Unit Residential
Development Permit Area, a sample of which is noted in the following table.

An analysis of how the proposed development complies with the guidelines would be required
with consideration of the development permit application.
Staffnote the Advisory Design Panel has considered the proposed design of the project in context
with these development permit areas and recommended approval, as noted above.

ZON00023 - Cadboro Bay Road / Bowker Avenue

January 10, 2017

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Design and build new development to contribute to the cohesion, visual identity and quality of
streetscapes through complementary building elements, and building height and roofline
variations.
Locate and design the building massing to provide a transition with the neighbourhood,
respect privacy, limit shadowing, and utilize passive solar principles.
For buildings over two storeys, use setbacks and / or terracing above the second level to
reduce massing.
Use sustainable building practices and technologies.
Provide charging stations for electric vehicles and bicycle storage.
Locate commercial uses at street level with a maximum amount of glazing on the fagade, and
oriented towards the dominant street.
Minimize the visual, noise and traffic impacts of commercial activity on the surrounding
neighbourhood.
Design the site layout to respect the existing topography, and retain and conserve as much
as possible trees and significant vegetation, and increase the tree canopy on the site.
Use native, low maintenance landscaping.

Incorporate outdoor amenities such as benches and courtyards.

Select light fixtures based on dark sky principles.

STRATEGIC IMPACT

No strategic impact is anticipated to arise in relation to the options described in this report.

OPTIONS

1. That it be recommended to Council to consider the application to develop a mixed use

commercial and multifamily development on properties at the corner of Cadboro Bay Road
and Bowker Avenue and
a) consider a draft bylaw to rezone a portion of lands from Three Storey Multiple Dwellings
Use (RM-3) to a new Comprehensive Development Use - Bowker Village (CD-3);
b) direct staff to secure registration of a covenant to secure the front commercial space as
restaurant use;
c) direct staff to secure registration of a statutory right of way to secure the front plaza area
for public use; and
d) direct staff to secure a housing agreement that will restrict any limitations on the rental of
housing units.
Moving forward with this option would provide Council an opportunity to consider additional
public input at a public hearing.
2. That the a,pplication be referred back to staff to continue negotiations on the proposed
development.
Ref erring the application back to staff would provide an opportunity to continue discussions
with the applicant on any areas of concern that Council identifies. Pending the results of those
discussions, the application would then come back to Council for consideration as noted in
Option 1 above.

ZON00023 - Cadboro Bay Road / Bowker Avenue

January 10, 2017

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3. That it be recommended to Council that the application be denied.

Should Council choose this option, no reapplication could occur for a period of six (6) months
from the date of Council's decision unless Council resolves to consider a new application after
a three (3) month period, as per the Land Use Procedures and Fees Bylaw, 2015.

FINANCIAL IMPACT

No financial impact beyond the existing budget is anticipated to arise in relation to the options
described in this report.

RECOMMENDATION

That it be recommended to Council to consider the application to develop a mixed use commercial
and multifamily development on properties at the corner of Cadboro Bay Road and Bowker
Avenue and
a) consider a draft bylaw to rezone a portion of lands from Three Storey Multiple Dwellings Use
(RM-3) to a new Comprehensive Development Use - Bowker Village (CD-3);
b) direct staff to secure registration of a covenant to secure the front commercial space as
restaurant use;
c) direct staff to secure registration of a statutory right of way to secure the front plaza area for
public use; and
d) direct staff to secure a housing agreement that will restrict any limitations on the rental of
housing .units.

Respectfully submitted,

Jensen, Manager of Planning

I concur with the recommendation of the Director of Building

Helen Koning, c A

inistrative Officer

ATTACHMENT(S)

Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 -

Site Plan and Elevations

Draft Zoning Amendment Bylaw
Report on Tree Resources
Reports on Transportation, Parking and Infrastructure
District Report on the Cadboro Bay Road/ Bowker Avenue Intersection
Correspondence Received for Application

ZON00023 - Cadboro Bay Road/ Bowker .Avenue

January 10, 2017

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