COUNCIL REPORT - DEVELOPMENT PERMIT No. 2013/11

RECOMMENDATIONS:

THAT Council approve Development Permit 2013/11 to allow subdivision, tree removal, excavation, and the construction of foundations and underground parking at 21, 23, 29 Helmcken Road; 1650 Little Road; and 1 Hospital Way as per the plans and reports attached to the July 25, 2013 report from the Senior Planner;

AND THAT the following be included as conditions in the permit:

a. Further investigation is to be conducted to determine the potential of retaining Trees 19 to 31 prior to demolition, site clearing or issuance of any tree or excavation permits. b. Prior to construction activities, snow fencing is to be placed 1.0 m outside all edges of the Park area under the supervision of a qualified biologist. c. The Park area is to be off-limits to vehicles, machinery, and construction materials associated with this development. d. Excavation for building foundations, utility services and driveways are to be avoided within the drip line and/or critical root zone of larger specimen trees (e.g. Douglas-fir) that occur inside the Park area. e. During construction, all surface runoff must be controlled to limit erosion and contained to remove sediments until landscaping with the development is completed. Construction representatives are to work with a qualified biologist in directing the placement of suitable erosion control and sediment containment measures. f. Bare soil (excluding bare rock) exposed during construction activities is to be seeded promptly within the growing season from April to September using a mix of equal amounts of Fall Rye, Italian ryegrass and Perennial Ryegrass to minimize weeds. g. Tree impact mitigation measures are to be taken in accordance with the May 22, 2012 tree retention report prepared by Talbot Mackenzie & Associates. h. The construction of any foundations would be at the applicant’s risk should buildings be approved in a different location in subsequent development permits. i. This permit does not authorize the issuance of any foundation permit for Buildings 3 or 4.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendations.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendations.

PURPOSE:

The purpose of the report is to consider a development permit application to permit subdivision, site preparation and foundations for the proposed Eagle Creek Village commercial/multifamily development, which is in the Neighbourhood Mixed Use and Terrestrial Sensitive Ecosystem Development Permit Areas.

BACKGROUND:

The subject properties are located at the north side of the Helmcken Road at the intersection with Watkiss Way intersection. The properties are comprised of five parcels (Attachment 1):

1. A parcel at 21 Helmcken Road with a vacant single family dwelling once used as a day care centre.
2. Three parcels at 23 Helmcken Road, 29 Helmcken Road, and 1650 Little Road that are part of a rural property with a vacant farm house remaining on the site.
3. A hooked parcel at 1 Hospital Way that is split by the Watkiss Way road right-of-way. Victoria General Hospital is located on the large portion of the parcel between Trans Canada Highway and Watkiss Way. The smaller vacant piece of land on the side of Watkiss way is known as “VIHA Triangle.” It is treed and a drainage course runs through it.

Parts of the site are within the Neighbourhood Mixed Use Development Permit Area and Terrestrial Sensitive Ecosystem Development Permit Area. A development permit is required for the alteration of land. The form and character of the proposed buildings will be addressed in a separate development permit application to be considered at a later date. Traffic impact management will also be addressed at that time.

PROPOSAL:

Once the Official Community Plan Amendment Bylaw No. 848 and Rezoning Bylaw No. 849 are finalized, the applicant proposes to immediately subdivide the properties to create the 4.22 ha development site and 1.58 ha park site, leaving the Victoria General Hospital on a separate parcel as shown in Attachment 2. This is necessary for the applicant to acquire the site from the current property owners.

The applicant also seeks to begin site preparation this summer because it is expected to take several months to clear and excavate (Attachment 3 and 4). A requirement of the Ministry of Transportation and Infrastructure’s approval of the rezoning was to require offsite works near the Trans Canada Highway to be designed and constructed prior to any building, excluding site clearing since the applicant does not yet own the land. These works will also take time.

A separate development variance permit application has been submitted to vary servicing requirements by deferring the provision of offsite servicing to the building permit stage.

ISSUES AND ANALYSIS:

The proposal would comply with the CD-20 zone. The key issues are: A. How does the proposal address the Neighbourhood Mixed Use Development Permit Area Development Permit Area guidelines? B. How does the proposal address the Terrestrial Sensitive Ecosystem Development Permit Area Development Permit Area guidelines?

A. Neighbourhood Mixed Use DPA guidelines

The applicable Neighbourhood Mixed Use development permit area guidelines relate to building siting, access, and the retention of mature trees where possible. Buildings would be sited close to the exterior property lines to create a pedestrian friendly hub. Early construction of foundations would be at the applicant’s risk because the form and character development permit for the buildings would be considered a later date.

There would be two driveways; one on each road frontage. The driveways would be a safe distance away from the Burnside Road / Watkiss Way intersection as shown in Attachment 3. The Watkiss Way driveway would be the main construction access and would also align with the emergency vehicle access to Victoria General Hospital in accordance with good engineering practice.

The bulk of the onsite trees would be protected within the park area. All of the trees on the commercial-residential portion of the site are proposed for removal because substantial excavation is required to accommodate underground parking. In accordance with the guidelines, staff recommends looking into the potential of retaining Trees 19-23 (Phase 1) and 24-31 (Phase 2) (see Attachment 5). These Douglas-firs are shown as having poor tolerance to the proposed excavation work, but they are not within a building footprint and provide a buffer to the neighbouring parcel to the east, which is in the Agricultural Land Reserve.

B. Sensitive Terrestrial Ecosystem Development Permit Area Guidelines

The Sensitive Terrestrial Ecosystem development permit area guidelines generally apply in the 1.58 ha park land area, which is a relatively undisturbed second growth Douglas-fir forest containing a small drainage course. The park area would be large enough to buffer the environmentally sensitive areas within it. The proposed Eagle Creek Village site would be constructed in areas that are already cleared and disturbed.

Given that the areas of greatest environmental value would be protected as a municipal park the application can be supported. Recommendations outlined in the reports from a certified arborist and qualified biologist (Attachments 6 and 7) will be incorporated into the development permit to require the following:

• temporary fencing around sensitive features;
• fencing, flagging and posting of notices during construction;
• works to maintain or restore the quantity or quality of water reaching environmentally sensitive areas or habitat;
• minimizing sedimentation and erosion, stabilizing and re-vegetating impacted areas; and monitoring requirements must also be addressed in the management plan. etc.

RECOMMENDATIONS:

THAT Council approve Development Permit 2013/11 to allow subdivision, tree removal, excavation, and the construction of foundations and underground parking at 21, 23, 29 Helmcken Road; 1650 Little Road; and 1 Hospital Way as per the plans and reports attached to the July 25, 2013 report from the Senior Planner:

AND THAT the following be included as conditions in the permit:

a. Further investigation is to be conducted to determine the potential of retaining Trees 19 to 31 prior to demolition, site clearing or issuance of any tree or excavation permits. b. Prior to construction activities, snow fencing is to be placed 1.0 m outside all edges of the Park area under the supervision of a qualified biologist. c. The Park area is to be off-limits to vehicles, machinery, and construction materials associated with this development. d. Excavation for building foundations, utility services and driveways are to be avoided within the drip line and/or critical root zone of larger specimen trees (e.g. Douglas-fir) that occur inside the Park area. e. During construction, all surface runoff must be controlled to limit erosion and contained to remove sediments until landscaping with the development is completed. Construction representatives are to work with a qualified biologist in directing the placement of suitable erosion control and sediment containment measures. f. Bare soil (excluding bare rock) exposed during construction activities is to be seeded promptly within the growing season from April to September using a mix of equal amounts of Fall Rye, Italian ryegrass and Perennial Ryegrass to minimize weeds. g. Tree impact mitigation measures are to be taken in accordance with the May 22, 2012 tree retention report prepared by Talbot Mackenzie & Associates. h. The construction of any foundations would be at the applicant’s risk should buildings be approved in a different location in subsequent development permits. i. This permit does not authorize the issuance of any foundation permit for Buildings 3 or 4.