REZONING APPLICATION 2021/01 – 167, 169, AND 171 ISLAND HIGHWAY

REZONING APPLICATION 2021/01 – 167, 169, AND 171 ISLAND HIGHWAY

RECOMMENDATION

THAT, subject to Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1083, 2022 receiving first and second reading, a public hearing for the bylaw be scheduled for February 1, 2022.

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1083, 2022 a covenant be registered on the lands at 167, 169, and 171 Island Highway to secure the following:

1. The three lots are not to be sold independently
2. The three lots are to be consolidated prior to building permit issuance
3. The voluntary community amenity contribution of $4,000 per residential unit is to be provided prior to building permit issuance
4. Prior to building permit issuance, installation of four trees in Portage Park to the Director of Engineering’s satisfaction, along with the provision of a security deposit for maintenance/replacement to be held by the Town for a two-year period.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

1. To introduce Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1083, 2022 to rezone the subject properties to a new zone, CD-27: Comprehensive Development (Island Highway - Portage).
2. To schedule a public hearing for the bylaw.
3. To require registration of a covenant to be registered concurrent with fourth reading to secure the following: a. The three lots comprising the site are not to be sold independently b. The three lots comprising the site are to be consolidated prior to building permit issuance c. A voluntary community amenity contribution of $4,000 per residential unit is to be provided prior to building permit issuance
4. To present additional renderings of the development concept

DISCUSSION

1. Proposed Zone

The CD-27: Comprehensive Development (Island Highway - Portage) zone will accommodate the development concept for apartment use. It is a site-specific zone that features the following unique requirements:

• An 18m principal building setback from Island Highway
• An 8m principal building setback from Portage Park
• Requirement that the floor area of the top storey be no more than 75% of the storey below

Zones with apartment uses typically have a 7.5m front yard setback and a 4.0-4.5m side yard setback. The proposed setbacks preserve the view to Four Mile Brewpub from Island Highway and provide an increased separation from Portage Park. A smaller floor plate for the top storey will help reduce the massing of the building, as shown in the development concept.

2. Covenant

The proposed covenant will prevent the site from being split up if the proposed development does not proceed after rezoning. It also secures both the community amenity contribution agreed to with the applicant and the provision of four trees proposed in the development concept that will provide additional screening and tree cover in Portage Park. The trees are not a community amenity contribution; they are provided to help screen the building.

3. Renderings

The applicant has provided additional renderings in Attachment 10 that show vegetation at maturity. The Committee of the Whole has expressed concerns about overlook of Portage Park. The most effective screening can be provided by the additional trees proposed within the Park, especially if the trees have substantial crowns. Staff considers the 8.0m setback, development concept proposal for trees along the property line, and additional trees in the park will provide a good buffer (Figures A and B) and achieves a suitable balance between preserving the character of Portage Park and the principles of Crime Prevention Through Environmental Design that are supported in Policy IS5.1 (new development), Policy PR1.11 (natural surveillance), and the form and character development permit area guidelines of the Official Community Plan.

For Council’s reference, the content of the December 9, 2021 report that went to the December Committee of the Whole meeting from the Senior Planner titled “Rezoning Application 2021/01 – 167, 169, 171 Island Highway” is presented in the remainder of this report though the renderings have been updated to show landscaping at maturity.

BACKGROUND

The 3780 m² site is comprised of three detached residential properties that are zoned R-1 B Detached Residential (Medium Lot). The lots are designated Mixed Residential in the Official Community Plan, which supports multifamily use.

The site is bounded by Portage Park on the east, View Royal Town Hall on the south (where there is a trail leading to the park), Four Mile Brewpub to the north, and Island Highway.

The application was introduced at the September 14, 2021 Committee of the Whole meeting, with further discussion at the September 14, 2021 Committee of the Whole meeting on building height, trees, landscape screening, access and egress, compliance with parking requirements, the relationship to Portage Park, and the community amenity contribution.

PROJECT INFORMATION

The proposal is to rezone the properties from R-1 B Detached Residential (Medium Lot) to a new zone permitting multifamily residential use. The 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. A development concept has been provided but consideration of the specific design would only be formally considered by Council in a development permit application if the rezoning is approved.

The following attachments to this report provide more information on the proposal:

1. Subject Property Map
2. Subject Property Orthophoto
3. Letter from Applicant (site data not current)
4. Development Concept Architectural Plans (updated)
5. Landscape Plan (updated)
6. Official Community Plan Policies
7. Traffic Impact Assessment
8. Servicing Brief (updated)
9. Transportation Demand Management study (new)

Development Concept

The development concept (Attachments 4 and 5) is for a five-storey 82-unit apartment building with the top floor set back as shown in Figures 1 - 3. Nine visitor parking spaces are proposed to be located at grade near the building entrance (previously six) plus one pickup/loading space, which acknowledges the growing trend for home delivery of goods and meals.

The applicant made an initial presentation at the July 20, 2021 Council meeting (see Figure 4). Council members remarked on the favourable location and provided their individual comments that included tree retention, parking, massing, density, height, setbacks, and a desire to minimize impact on Portage Park.

The plans presented in Attachment 4 and Figure 3 reflect the applicant’s ongoing revisions in response to comments. Changes are summarized below. The most significant change from the July 20, 2021 Council meeting is an increased setback from the east side lot line abutting Portage Park from 4.0m to 8.4m and the use of sand-coloured brick veneer and flat roof for a more classic rather than modern appearance. Key changes to note since the September 14, 2021 Committee of the Whole meeting include:

• Number of units reduced from 86 to 82
• Increase in number of three-bedroom units from 1 to 3
• New on-site amenity pavilion for residents of the property
• Relocation of rain garden closer to Island Highway
• Visitor spaces increased from six to nine

Building Data Details

* Including one drop-off/loading space

Site Data Summary

Unit Mix

Official Community Plan Context

The site is designated Mixed Residential in the Official Community Plan, which supports multifamily use. The proposal is generally in keeping with other OCP policies such as those listed in Attachment 6. Most significant are the following:

Policy LU4.2 Support Walking, Cycling and Transit Encourage higher density and mixed-use development at neighbourhood centres and along major transit corridors to promote walkability, cycling and transit use. Support higher residential density, commercial intensity and reduced parking requirements in areas well served by transit.

Policy ED3.1 Local Employees Ensure an adequate match between housing stock and the housing needs of local employees, with the intent to reduce long commutes and create a balanced and inclusive community.

OCP policies to consider include:

• noise mitigation
• accessible and adaptable units

Proposed Zone

The proposal is to rezone to a new zone that is similar to the RM-3 Mixed Residential zone, except for the permitted height would allow the proposed five-storey building.

Rezoning of this site is supportable because proposed use and density is consistent with OCP policies for this location. The proposed density is 217.0 units per hectare based on 82 units on the 3780 m² site, which is in keeping with other apartment developments on Island Highway.

To keep the three subject properties as a single development site after rezoning, a covenant is recommended to require consolidation of the lands comprising the entire site prior to building permit issuance, and until then those lands are not to be sold or otherwise transferred separately.

Design Comment

While the form and character of the development would be addressed at the development permit stage, the application provides a level of detail in the development concept to help illustrate the applicant’s intent. Council will formally review the form and character of the project through a development permit application after rezoning.

Staff notes the following:

• Stepping back the upper floor of the building reduces the massing and would add visual interest to the skyline. The building would not loom over the Four Mile Brewpub building, which is uphill and more than 27 metres away.
• The large front yard setback (18 metres) would preserve views to Four Mile Brewpub from Island Highway in both directions. The line of cedar trees on the subject property near the shared lot line with Four Mile Brewpub would be removed to accommodate underground parking. They will be replaced with a more extensive line of smaller coniferous trees to buffer the development from Four Mile Brewpub and soften the view from Island Highway inbound traffic.

Tree Impacts

Underground parking can create conflicts with tree root zones. In this case the majority of trees in Portage Park are not close to the property line as shown Figure 2 and in the Landscape Plan (Attachment 5). An arborist’s report is required at the development permit stage to mitigate potential construction impacts. The applicant proposes a row of large trees adjacent to Portage Park as a visual buffer plus the placement additional trees within the park to minimize visual impacts.

Community Amenity Contribution

The Community Amenity Contribution Policy target rate is $4,000 per apartment residential unit to be provided prior to building permit issuance. For 82 apartment residential units as proposed in the development concept, the voluntary contribution would be $328,000 minus any tangible community amenity contributions that Council and the applicant agree to. It is recommended that any community amenity contributions to be provided after rezoning (such as a rate per unit) be secured in a covenant of the rezoning bylaw.

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

Transportation Impact

While the transportation impact assessment (Attachment 7) concludes the proposed development would not significantly impact traffic volumes on Island Highway, this site has immense potential for reduced automobile demand, given the following: a. opportunity for a direct connection to the Town’s multi-use path leading to the E&N Regional Trail; b. a variety of commercial services are within walking distance; and c. good access to one of the region’s most well-served transit routes.

The Engineering Department supports the options identified in the transportation demand management strategy (Attachment 9) for the purpose of providing more sustainable transportation choices and lessening the burden on the public transportation system. These are not zoning requirements as the current development concept complies with parking standards. The options will be considered at the development permit stage. They include: a. provision of 5-7 e-bikes for a bike share program to reduce residents’ vehicle demands; b. designation of a vehicle space to support ride-hailing and home delivery of meals/goods; c. enhanced security for bike storage such as self-contained lockers and video surveillance; and d. accommodation for cargo bikes, which are larger than standard bikes.

The report also recommends that the Town continue to advocate for the expansion of carsharing in the municipality.

BC Transit has designated Island Highway as a Frequent Transit Network (FTN) corridor and indicates that the proposed land uses are consistent with this designation. BC Transit supports continued redevelopment on Island Highway because it would grow ridership and in turn, be supported with increased service levels. The FTN services medium to high density mixed land use corridors. The FTN corridor carries a large share of the transit system’s ridership and runs in 15 minute or less intervals from 7:00am-10:00pm seven days per week.

Concerns over the proposed location of the driveway and onsite vehicle turning templates must be addressed in the eventual Development Permit but are not critical to the current rezoning application. The site is in a location where left-in and left-out access to Island Highway is viable because the 45m shared left turn lane in the centre of the road is of adequate length. The shared left turn lane is also used by several properties across the road and is acceptable as the volume of use is low. However, at the development permit stage, the site’s driveway location will have to be finalized to minimize the potential conflict that arises from vehicles turning left from the site using the shared left turn lane as a staging area to join west bound traffic on Island Highway. This type of maneuver is not permitted by the Motor Vehicle Act.

Site Servicing

The requirements of Subdivision and Development Servicing Bylaw No. 985, 2017 will be formally administered by the Engineering Department upon application of a building permit. Stormwater management will be provided onsite and detailed in the development permit with no net increase in post-development site runoff permitted. The stormwater entering the Town’s drainage system will be required to meet the requirements of Storm Water Regulation Bylaw No. 902, 2015.

The servicing brief (Attachment 8) estimates there is sufficient water and sewer capacity to serve the proposed development.

Public Engagement

The applicant invited residents within a 400m distance to participate in an online open house. Approximately 12 people attended. The applicant indicates there were several concerns about the building height and that many felt the building should be located further away from the park, but that the overall feedback was positive. The building was relocated from 4.0m from the park boundary to 8.4m in the September 2021 development concept. In the bylaw process for rezoning, members of the public will have a formal opportunity to provide comment on the land use proposal at a public hearing.

RECOMMENDATION

THAT, subject to Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1083, 2022 receiving first and second reading, a public hearing for the bylaw be scheduled for February 1, 2022.

AND THAT coincident with final reading of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1083, 2022 a covenant be registered on the lands at 167, 169, and 171 Island Highway to secure the following:

1. The three lots are not to be sold independently
2. The three lots are to be consolidated prior to building permit issuance
3. The voluntary community amenity contribution of $4,000 per residential unit is to be provided prior to building permit issuance
4. Prior to building permit issuance, installation of four trees in Portage Park to the Director of Engineering’s satisfaction, along with the provision of a security deposit for maintenance/replacement to be held by the Town for a two-year period.

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

ATTACHMENTS:

1. Subject Property Map
2. Subject Property Orthophoto
3. Letter from Applicant (site data not current)
4. Development Concept Architectural Plans – UWA Architecture, Dec. 3, 2021 (18 pages)
5. Landscape Plan – Forsite Landscape Architecture, Dec. 2, 2021
6. Official Community Plan Policies
7. Traffic Impact Assessment – Watt Consulting, July 22, 2021 (27 pages)
8. Servicing Brief – McElhanney, December 3, 2021 (25 pages)
9. Transportation Demand Management study – Watt Consulting, November 23, 2021 (12 pages)
10. Updated renderings (5 pages)