Planning & Development Report: REZONING APPLICATION 2020/02 – 9 Erskine Lane

Planning & Development Report

TO: Committee of the Whole FROM: J. Chow, Senior Planner DATE: March 3, 2020 MEETING: March 10, 2020 FILE NOs: 3360-20-2020/02

REZONING APPLICATION 2020/02 – 9 Erskine Lane

RECOMMENDATION:

THAT the March 3, 2020 report from the Senior Planner titled “Rezoning Application 2020/02 - 9 Erskine Lane” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS: I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS: I concur with the recommendation.

DIRECTOR OF ENGINEERING’ COMMENTS: I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICES’ COMMENTS: I concur with the recommendation.

PURPOSE: To introduce a rezoning application to rezone the subject property from A-3: Rural Residential to RM-3 (Mixed Residential) for multifamily use. The development concept is for 372 rental units in four 5-6 storey apartment buildings.

BACKGROUND:

The 2.1ha subject property is bisected by a separately titled CRD property that carries the regional water mains. A 1930s era house is located on the south portion the property. The remainder of the property is forested with some woodland and has uneven topography featuring shallow bedrock at the north end and clay deposits in the south. Surrounding land uses include:

• To the north across Watkiss Way, the Stoneridge subdivision and a large rural property at 1651 Burnside Road West in the District of Saanich that is within the Agricultural Land Reserve.
• To east, a quarried vacant lot at 2 Hospital Way and a vacant, treed lot that is part of 1651 Burnside Road West in Saanich
• To the south, a proposed apartment building site at 7 Erskine Lane
• To the west across the street, two detached residential properties, a 64-unit townhouse complex at 5 Erskine Lane, and a property with two houses at 10 Erskine Lane zoned for apartment use.

Some contamination from the adjacent property at 7 Erskine Lane has migrated onto the subject property. A site release was issued by the Provincial Contaminated Sites Branch that will permit independent remediation and allow this application to proceed through the rezoning process. A soil permit application is being prepared for submission to the Town in the near future to allow the removal of contaminated soil from 7 Erskine Lane and this subject property.

PROJECT INFORMATION:

The proposal is to rezone the subject property from R-1: Detached Residential (Large Lot) to RM-3 (Mixed Residential) in order to permit multifamily use. This rezoning application addresses zoning issues of land use, density, and standards for lot coverage, percentage of impervious surface, the height and siting of buildings in general.

In support of the application the following has been submitted:

• Letter from Applicant, January 22, 2020 (2 pages)
• Architectural Plans – Thuja Architecture Ltd., January 23, 2020 (9 pages)
• Zoning Bylaw No. 900, 2014 excerpt: RM-3 Zone: Mixed Residential (2 pages)
• Transportation Impact Assessment – Watt Consulting Group, October 29, 2019 (67 pages)
• Technical Design Brief (Servicing)– Islander Engineering, October 9, 2019 (26 pages)
• Environmental Overview -, Environmental Dynamics Inc., November 18, 2019 (1 pages)
• Geotechnical overview - Ryzuk Geotechnical, July 26,2019 (11 pages)

Site Data Summary

The applicant’s development concept is 372 rental units in four 5-6 storey apartment buildings as shown in Figures 1 and 2 and in Attachments 2-3. Most of the parking is proposed to be underground. If the rezoning is approved, a development permit application would be required to consider the form and character of the development and how it would address the zoning requirements, including building height, and parking. Unit and building configuration would also be finalized at that time.

Figure 1. Rendering

Figure 2. Development Concept – Site Plan

Unit Mix

The proposal is currently for rental apartments in the following configuration:

DISCUSSION:

Key issues include the following:

1. Policy considerations
2. Potential land use impacts
3. Community amenity contribution
4. Public consultation
5. Potential budget implications
6. Next steps for Council consideration of the proposal

1. Policy Considerations

The property’s Official Community Plan land use designation is “Mixed Residential”, which supports the following land uses and densities

• Small lot detached houses
• Townhouses up to three storeys and a maximum 1.25:1 floor space ratio
• Four storeys for apartment dwellings and a maximum floor space ratio of 1.5:1

A member of Council has previously inquired about the possibility of medical offices on this site. Commercial use of the site is not supported by the Official Community Plan.

The proposal to rezone to the RM-3 Zone (Mixed Residential) (Attachment 4) would comply with OCP Policy LU1.5 (Land Use Designations) for the Mixed Residential land use designation as follows:

• Variance would be considered at the development permit stage.

Future Development Permits will be required for this property to address form and character issues. The Development Permits may include requests to subdivide the parcel into two lots. The RM-3 zone would facilitate the development of the parcel as a whole, or as two parcels. The development concept proposes buildings taller than the 13.5m height permitted in the RM-3 zone. This variance would be considered as part of the form and character review at the development permit stage.

Official Community Plan policies relevant to the rezoning application are listed in Attachment 5. The proposed zoning can be supported because it would comply with the policies as follows:

1. Higher density at a neighbourhood centre would be provided in a location that will promote walkability, cycling and transit use by bring people closer to transport, services and employment.
2. Housing that would increase workforce housing to support the Hospital and local businesses the neighbourhood centre is desirable
3. Increasing the supply of rental housing will assist with housing affordability in the region
4. Community amenities contributions are proposed that can help to improve local conditions and non-automobile transportation.

The development concept can also be supported as the apartment unit mix supports socio-economic diversity (young families and an aging population) and because the development concept at this initial stage presents a high-quality design that interfaces well with the surrounding neighbourhood. While the terrain does not support street-oriented buildings, the setbacks would allow for a more natural, vegetated street edge. Other OCP policies to consider include accessible/adaptable units to support aging in place and those with physical constraints; energy efficiency and minimizing impact on urban forest cover.

Staff recommends that the application move forward as outlined in Section 6 (Next Steps) of this report.

2. Potential Land Use Impacts

a. Transportation and Parking

The transportation impact assessment (Attachment 6) concludes that the development would not significantly impact the Watkiss Way/Erskine Lane intersection’s current Level of Service (A/B) and recommends that:

• The developer provide a sidewalk along the Erskine Lane development frontage.
• The Town monitor traffic volumes at Erskine Lane / Watkiss Way, and consider implementing a 15m left-turn lane on Watkiss Way in the long term (10 years) if volumes grow as projected in the long term

To complete staff’s review, the following information should be provided:

1. New 2-hour duration weekday AM and PM counts be conducted at the Watkiss Way & Erskine Lane/ Stoneridge Drive intersection (observed traffic flows have been changing in response to externalities, e.g. McKenzie Interchange construction).
2. Future Watkiss Way & Erskine Lane/ Stoneridge Drive intersection operating conditions under traffic signal control and a single lane roundabout configuration should be examined for comparative purposes.
3. Watkiss Way & Helmcken Road intersection should be added to the study area.
4. Analysis of the Watkiss Way & Burnside Road intersection should include consideration of the approved BC Transit Handy Dart facility located adjacent to this intersection.
5. The traffic impact assessment report from the developer should include an evaluation of the proposed development’s vehicle and bicycle parking supplies, its ability for loading activity to occur on-site and Transportation Demand Management strategies that can help reduce the automobile traffic impact.
6. An assessment of the need for pedestrian, traffic, intersection and on-street parking improvements.

Parking will be covered in greater detail at the development permit stage when the number of units is confirmed, however the development concept proposes to meet zoning requirements by providing 485 parking spaces where 480 is required based on the proposed number and mix of units.

b. Servicing Impacts

The technical design brief (Attachment 7) is under review and comments will be provided in a future report. The requirements of Subdivision and Development Servicing Bylaw No. 985, 2017 include provision of sidewalks along the site frontages, no net increase in post-development site runoff, and that storm water entering the Town’s drainage system will meet the requirements of Storm Water Regulation Bylaw No. 902, 2015. Sewer capacity will need to be confirmed with regard to the Town’s allocation for discharge to the regional sewer system.

c. Environmental Impacts

The site is not within the Sensitive Terrestrial Systems Development Permit Area; however, this section summarizes the key findings of the Attachment 8. The site is a mature predominantly Douglas fir forest with some woodlands and Garry oak ecosystem on the north section. While the woodlands are classified as sensitive ecosystems that can support ecological communities including red or blue listed species, the site is fragmented from other forest areas and contains invasive plant species at varying densities.

Active bird nests are protected between March and August under the Wildlife Act. No Bald Eagle or heron nest trees were encountered during the assessment. One nest was potentially a Cooper’s Hawk or Common Raven nest. The Province’s 2005 Best Management Practices for Raptor Conservation during Urban and Rural Land Development in British Columbia report notes the following about the Cooper’s Hawk:

• Among the species that are relatively compatible with human activity and are most likely to benefit from BMPs in urban and rural environments.
• Can nest in close proximity to human developments
• prefers an area of interlocking tree canopy for rearing young
• Greater Victoria contains one of the highest nesting densities of this species in North America

The ditch along Watkiss Way may meet the definition of a stream under Riparian Area Regulations (RAR) if it is determined that it drains into fish habitat. As a channelized ditch, the report notes the maximum width of the Stream Protection and Enhancement Area would be 5.0m. The development concept is for buildings to meet the 7.5m zoning setback from Watkiss Way, however if the ditch is subject to the RAR, the applicant will have to ensure underground parking would conform to the regulations.

The geotechnical overview (Attachment 9) indicates there are no preliminary indications of geotechnical issues, although it notes that “careful consideration will be required if it is desired to build in vicinity of the 8.0 to 10m rock cut along the north east property line.” This includes areas where rock was quarried at 2 Hospital Way and along the Watkiss Way frontage.

d. Fire Service

The Protective Services Department has no issues or concerns about providing fire service for the land uses in the proposed rezoning.

3. Community Amenity Contributions

The Community Amenity Contributions Policy calls for a land lift analysis to be conducted for residential developments where more than 100 residential units are proposed or possible. A land lift analysis determines the ‘lift’ in land value as a result of rezoning. The community amenity contribution target is 50% of the land lift.

The applicant has requested that the target for community amenity contributions be based on the lesser of the results of a land lift analysis and the standard rate of $3500 per multifamily residential unit to assist the viability of the development as a rental. The applicant is willing to commit to a ten-year housing agreement to ensure the property remains as rental for at least that time period. Because this is a rental property the land lift analysis approach is not appropriate. In the absence of a land lift analysis the only recourse is to rely on our policy which suggests $3500 per residential unit.

Consequently, staff proposes that the community amenity contribution target be based on the policy’s standard rate of $3,500 per additional multifamily residential unit to be provided prior to building permit issuance. For this proposal, the target would be 372 x $3,500 = $1,302,000 including any in-kind community amenities. We note that the required frontage improvements are not included as an amenity. It is recommended that the agreed upon community amenity contribution rate and provision of the amenity be secured in a covenant as a condition of the rezoning.

OCP Policy HS1.4 “Housing Amenity Contributions” also supports a “housing amenity” contribution to the Town, which could be directed to the Regional Housing Trust Fund. A portion of the cash community amenity contributions could be used for this purpose at Councils discretion.

Negotiations with the applicant are ongoing. For cash community amenity contributions, Council will consider how to allocate those funds once they are received at the building permit stage.

There has also been some discussion about improving the informal walking path from Erskine Lane to Hospital Way, however that path is on CRD property and trespasses on private land at 2 Hospital Way. Typically risk management practices do not support works or improvements that encourage trespass. If this route is one that Council wishes to pursue, permission from property owners to register a Statutory Right of Way is required before any progress can be made. There are two existing public routes from Erskine Lane to Hospital Way: along Watkiss Way at the north end of Erskine Lane and via the Galloping Goose Regional Trail at the south end.

At the January 7, 2020 joint meeting of the Community Development Advisory Committee and the Parks Recreation and Environment Committee reviewing the rezoning proposal for 7 Erskine Lane, there was support for community amenity upgrades to Game Nature Park, which is 4000m² of park land that was transferred to the Town in 2001 and is currently unimproved. A review of property records (including a title search) has not revealed any restrictions on the use of the land and as a small park there is no master plan. Potential park improvements such as ecological restoration or enhancements to enable some active use or could be a consideration when the community amenity contributions are received for this application as well.

4. Public Consultation

The applicant indicates that they have approached area residents including those at 14 Erksine Lane and the Stoneridge subdivision and held an open house in February. Another meeting was scheduled for March 4, 2020.

5. Budget Implications

There are no significant budget implications anticipated for the Town.

6. Next Steps

Staff will continue to work with the applicant to resolve the following items:

1. Additional information for the Transportation Impact Assessment
2. Clarification of road dedication requirements
3. Negotiation of community amenity contributions
4. Determination if the ditch along the Watkiss Way frontage is a watercourse
5. Submission of a sustainability checklist

Once these items and any other issues identified by Committee of the Whole have been suitably addressed, staff will present the updated information to the Committee of the Whole.

RECOMMENDATION:

THAT the March 3, 2020 report from the Senior Planner titled “Rezoning Application 2020/02 - 9 Erskine Lane” be received for information.

SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner

REVIEWED BY: Lindsay Chase, MCIP, RPP Director of Development Services

ATTACHMENTS

1. Location plan
2. Letter from Applicant, January 22, 2020 (2 pages)
3. Architectural Plans – Thuja Architecture Ltd., January 23, 2020 (9 pages)
4. Zoning Bylaw No. 900, 2014 excerpt: RM-3 Zone: Mixed Residential (2 pages)
5. Official Community Plan policies (excerpts)
6. Transportation Impact Assessment – Watt Consulting Group, October 29, 2019 (67 pages)
7. Technical Design Brief (Servicing)– Islander Engineering, October 9, 2019 (26 pages)
8. Environmental Overview -, Environmental Dynamics Inc., November 18, 2019 (1 pages)
9. Geotechnical overview - Ryzuk Geotechnical, July 26,2019 (11 pages)