DEVELOPMENT PERMIT (FORM & CHARACTER) 2022-02 – 167, 169, & 171 ISLAND HIGHWAY

The three identified trees, OS1, OS2, and OS3, can be seen in Figure 3 below, details on the type of tree, size and health are included in Table 2. The details provided by the arborist show that the health of the three trees proposed to be removed in Portage Park are in declining health. The three trees are protected under the Tree Protection Bylaw, No. 1069, 2022, requires that bylaw protected trees be replaced at a 2:1 ratio. The proposed landscape plan shows that there is a deficiency of 20 replacement trees. The applicant will be required to apply for a Tree Permit prior to building permit, at that time details on the location and types of trees will be reviewed to ensure that the locations and types are in general conformance to the landscape plan. The Tree Bylaw states that $500 per tree be provided as cash in lieu if the applicant cannot plant their replacement tree quota. Staff will work with the applicant to replace the trees removed from Portage Park as per the requirements of the Tree Bylaw. The trees required through the Tree Bylaw are in addition to the trees secured through covenant at time of rezoning, as detailed below.

Table 2 - Tree Analysis

Covenant

A covenant registered at the time of rezoning requires the following:

• Four (4) 50 mm minimum caliper Douglas fir or Bigleaf maple trees be planted in Portage Park with a security deposit of $2000 for each of these trees;
• $50,000 be paid to the Town for the removal of invasive species in Portage Park; and
• A Community Amenity Contribution of $4000 per unit prior to issuance of a building permit.

Servicing Requirements

A detailed stormwater plan must be provided prior to Building Permit. Other site servicing and frontage improvements will be required, and will be detailed in a servicing agreement, as per the Subdivision and Development Servicing Bylaw No. 985, 2017. For reference, see conceptual servicing plan (Attachment 5). The applicant had been previously asked to provide a fire truck turning template to confirm site access and maneuverability, this has been confirmed.

Park Access

The applicant had included in their original application two accesses into Portage Park from the subject property. The applicant was advised that only a singular access was to be permitted and would be located at the rear of the property. Agreement to the park access was based on improved and functional access for pedestrians and cyclists, which required that the applicant ensure bicycle ramps were installed in the underground parking and rear exterior stairwell access, that lighting be provided, and that security features be added. The applicant has satisfied these requirements.

In addition to these design measures, the Town specified that an agreement would be required as a condition for the provision of the pathway. The proposed pathway into Portage Park from the subject property shall be secured through a License to Occupy between the Town and the Strata. The agreement will require that the strata take sole responsibility for the maintenance and operation of the pathway and indemnify the Town of all liability of its use. The License to Occupy will be a condition of receiving a building permit.

DISCUSSION:

Key considerations in review of the proposal include:

1. How does the proposal address the relevant development permit guidelines?
2. How does the proposal comply with the zoning requirements and are the requested variances supportable?

1. Development Permit Area Guidelines

The site is within the Mixed Residential – Form and Character Development Permit Area. In general, the proposal aligns with the development permit area guidelines, as it achieves the following:

e. Design Character

• Unified architectural concept makes use of natural colours, and blends the surrounding natural and built environment effectively
• Provides an interesting building façade, complete with a mix of building materials, colors, and accentuated balconies
• Parking is located underground and the entrance is offset to preserve the focal point of the building’s front entrance

f. Public and Pedestrian Realm

• Pedestrian pathways on-site provide direct access from the road, and a single connection into Portage Park
• Building orientation and design marks a clear front entrance

g. Siting, Height, and Massing

• Buildings’ scale and height are reduced with rounding of front building façade and balconies
• The 5th storey is stepped back to reduce the appearance of a single wall face

h. Landscaping

• Outdoor pavilion provides communal space for residents
• Mix of hard and soft landscaping provides diverse green space that can blend with Portage Park

i. Park, Access, and Circulation

• All parking stalls (bicycle & vehicular) are energized
• Bicycle parking is located on-site via an underground bike room, and features both standard, wall mounted, and cargo bicycle stalls
• Elevator access improves ‘age in place’ opportunities
• Additional space has been allocated for shared e-bikes
• Nine visitor parking spaces are located at surface level at the front entrance of the building

2. Zoning Bylaw Review

The proposal complies with the use and density requirements of the CD – 27 Island Highway – Portage Zone, as was established through the rezoning process for the subject properties. Table 2 below shows overall compliance, and notable zoning details including requested variances:

Summary of Zoning and Variances

PARKING REQUIREMENTS

* Variance required.

The applicant has requested five variances, which are as follows:

1. Variance to Section 4.8.9 of Zoning Bylaw No. 900, 2014 to vary the maximum permitted height of retaining walls from 1.2m to 3.0m.
2. Variance to Section 3.7.2 (b) of Zoning Bylaw No. 900, 2014 to vary the maximum a balcony/open porch may project into the side yard setback from 0.5m to 1.1m.
3. Variance to Section 3.7.2 (b) of Zoning Bylaw No. 900, 2014 to vary the maximum width of a balcony may be on a building face from 2.0m to 9.2m.
4. Variance to Section 4.6.2 (c) of Zoning Bylaw No. 900, 2014 to vary the location of a accessory building or other structure to be permitted to be located in the front yard.
5. Variance to Section 5.10 (Table 5.2) of Zoning Bylaw No. 900, 2014 to vary the minimum number of required parking spaces from 93 to 92.

Staff is aware that it had been previously communicated that a sixth variance was required, with respect to the total “Small Car Only” parking. In further review of the application it was determined that a variance was not required, because the visitor parking (marked for small car parking spaces) was included in the calculation, pushing the total permitted number of “Small Car Only” parking spaces over the permitted limit. Zoning Bylaw No. 900, 2014 does not specify any regulations or provisions for visitor parking, and so they are exempt from maximum number of permitted “Small Car Only” spaces.

Variance 1: Retaining Walls

The variance to the maximum permitted retaining wall height from 1.2m to 3.0m as shown in Figure 3 can be supported because the walls do not directly interface with a neighbouring property line and are used to provide access to underground parking.

Variances 2 & 3

The applicant requests a variance to the maximum projection of a balcony into the side yard setback from 0.5m to 1.1m, and to vary the maximum width of a balcony on a building face from 2.0m to 9.2m. The requested variance in question may be seen below.

The variances can be supported because the building has a large 8.4m setback from Portage Park, which reduces the scale and intensity of the building from the park. Staff considers that the variance for these four balconies (Floors 2 to 5) will not adversely impact the enjoyment of Portage Park as they do not overlook the playground.

Variance 4

A variance to locate an accessory structure in the front yard is requested. The pavilion provides covered, outdoor communal space for the residents of the proposed development. The bylaw states that secondary or accessory structure are not permitted in the front yard. Figure 5 below shows in detail where the proposed structure is on site.

The requested variance is supportable because the structure is set back a large distance from the road and exceeds the minimum 1.2m required setback for all property lines as it would be located over 14m from the front lot line and 4.3m from Portage Park. Additionally, the provision of such features makes functional sense to be in a space that is easily accessible by residents. The proposed location is near the building’s front entrance where the elevator is and close to visitor parking, making it a central, accessible social space.

Variance 5

The applicant has requested that the total required parking for the site be reduced by one space, from 93 to 92. Zoning Bylaw No. 900, 2014 requires that the following parking provisions be met for a multiple family dwelling in Table 2.

Table 3 - Parking Requirements

The variance can be supported because:

1. Transportation Demand Management measures have been provided to improve bicycle facilities given the convenient proximity to the E&N Rail Trail
2. The site located within reasonable walking distance to local services at the Eastern Gateway Community Corridor (Admirals Walk, Nelson Square and Canadian Tire shopping centres)
3. The site has good access via the Shoreline School pedestrian overpass to Frequent Transit Network bus stops on either side of Island Highway.

RECOMMENDATION:

THAT Development Permit Application No. 2022-02 be approved as per the August 29, 2022, report from the Community Planner titled “Development Permit (Mixed Residential) 2022-02 – 167, 169, & 171 Island Highway”;

AND THAT Development Permit Application No. 2022-02 include the following conditions:

1. Tree Permit a. A Tree Permit be submitted prior to Building Permit that follows the Arborist Report provided by Talmack Urban Forestry, titled: “167, 169, & 171 Island Hwy, View Royal, BC: Construction Impact Assessment & Tree Management Plan; and
2. A security deposit of $338,112.00, at 120% of the quoted landscape works ($281,760.00) to be provided
3. That the owner, enter into an agreement with the Town of View Royal via a Licence to Occupy that allows access from the subject property from the rear property line to the edge of the existing path. The agreement shall stipulate that access is to be maintained by the Strata and the operation and use of such a path will indemnify the Town of any responsibility or liability.
4. That as part of the Building Permit application process, the following be provided prior to or at the time of Building Permit application: a. Stormwater Management Plan b. Servicing Plans c. Structural Engineered design, stamp, and approval of suspended parkade structure to hold the Town of View Royal’s fire truck fleet. d. Confirmation from a geotechnical engineer that the foundation work will not affect neighbouring properties, due to the proximity of the foundation walls to property line.

AND FURTHER THAT Development Permit Application No. 2022-02 include the following variances:

1. Variance to Section 4.8.9 of Zoning Bylaw No. 900, 2014 to vary the maximum permitted height of retaining walls from 1.2 m to 3.0 m.
2. Variance to Section 3.7.2 (b) of Zoning Bylaw No. 900, 2014 to vary the maximum a balcony/open porch may project into the side yard setback from 0.5 m to 1.1 m.
3. Variance to Section 3.7.2 (b) of Zoning Bylaw No. 900, 2014 to vary the maximum width of a balcony may be on a building face from 2.0 m to 9.2 m.
4. Variance to Section 4.6.2 (c) of Zoning Bylaw No. 900, 2014 to permit the location of an accessory building or other structure in the front yard.
5. Variance to Section 5.10 (Table 5.2) of Zoning Bylaw No. 900, 2014 to vary the minimum number of required parking spaces from 93 to 92.

SUBMITTED BY: Stirling Scory, RPP, MCIP, Community Planner

REVIEWED BY: Sarah Jones, RPP, MCIP, Director of Corporate Services

Attachments:

1. Subject Property Map
2. Letter to Council
3. Architectural Drawings & Site Plan
4. Electrical Site Plan (Lighting)
5. Civil Servicing Plan
6. Landscaping plan
7. Landscape Cost Estimate
8. Arborist Report
9. Left Turn Memo
10. Sustainability Checklist
11. Form and Character Development Permit Review