realstar management Letter - Response to TOVR Initial Comments - March 27, 2017

Engineering Department

General

1. Canada Post to be contacted to confirm mailbox requirements and location.

The design team will design and locate the required mailroom(s) in accordance with the Canada Post Delivery Planning Standards Manual for Builders and Developers, with the assistance of the Canada Post Pacific Region Delivery Planner. The planner will provide feedback and review plans prior to implementation with regard to the number, location, and specifications of mailroom(s) at Christie Point. It is expected that these details are to be addressed at time of Development Permit.

2. See below for recommended off-site works. Developer will be required to enter into a Servicing Agreement for off-site works.

Realstar acknowledge that it will be required to enter into a Servicing Agreement with the Town of View Royal with regards to off-site works.

3. Once scope of off-site works is determined, as part of the Servicing Agreement, off-site design drawings will be required – a civil set, an electrical set and a landscaping set. Developer to provide construction estimates to the Engineering Department once these drawings have been reviewed and have final Town approval. Security deposits in the amount of 120% of the estimated costs will be required as per the Town’s Land Use Bylaw No.35.

Realstar acknowledge that security deposits will be required by the Town of View Royal with regards to off-site works.

4. All works and materials to be carried out to MMCD Platinum specifications, unless otherwise noted to use supplemental Engineering Department specifications. Prior to construction, the developer’s contractor must receive a Work in Road Allowance Permit from the Engineering Department, including a security deposit for highway maintenance.

Realstar will meet all design requirements of the Town of View Royal with regards to the detailed design and construction of infrastructure works. All necessary permits will be obtained prior to starting construction.

Transportation and Related Off-site Works

Responses to comments #5 to 14 and #51 will be provided by Bunt and Associates under separate cover, following the Opus Canada review of the Transportation Impact Assessment and a meeting to review Opus’ findings, currently scheduled for March 29, 2017.

Drainage

15. Where will site and access road drain? Will the developer be connecting to Town’s system? What will the impacts be on existing Town infrastructure? Upgrades on Shoreline Drive may be required. Drainage will be impacted as well with off-site sidewalk installation.

Site and access road drain as per MCSL’s Conceptual Servicing Report (Storm Water Management, Page 4). As indicated in the report, stormwater from the site, and a majority of the access road will be managed on site through stormwater management facilities. Surplus treated stormwater will be discharged to the inlet.

There is currently no formal storm drain connection from onsite to the municipal system. We anticipate no change to the existing storm drain system at the entrance to Christie Point. No upgrades to Town infrastructure are required due to storm drainage from the site.

16. Stormwater storage and treatment on-site will be required. Stormwater management plan required for Engineering Department review and approval.

We recognize the requirement for storm water treatment prior to discharge to the waters of Portage Inlet. This is achieved through careful consideration by the landscape architect for rain gardens and swales, whereby stormwater is filtered passively through landscape features. These systems will provide detention of stormwater; however, as the site is currently discharging directly to the inlet, storage calculations are not required. Additional details regarding stormwater management will be addressed during the Development Permit stage.

17. Calculations to prove zero net increase in post development storm water run-off required.

Calculations to prove a zero net increase in post development storm water runoff to the Town stormwater system will be provided at Development Permit stage.

18. Application for Storm Drain Connection to be completed. Connection fee will apply.

At this point in time, we do not intend to connect to the municipal storm drain system.

19. A Sedimentation Control Plan for construction will be required and must be approved by Town prior to construction. Thorough plan required due to extreme environmental sensitivity of this area.

McElhanney will develop Erosion and Sedimentation Control guidelines in conjunction with the stormwater management plan. The detailed Erosion and Sedimentation Control Plan will be developed at the construction stage. A separate detailed plan will be required for each phase of construction.

Further, as described on, Page 23 of the Environmental Overview Assessment for Christie Point, by Swell Environmental, deconstruction of existing buildings and construction of the new buildings will have environmental protection measures in place that are maintained and monitored through-out the construction period such as:

• Temporary fencing of trees and vegetation to be retained,
  • Erosion and Sediment Control measures, including runoff and dust management,
  • Spill Prevention and Response Planning,
  • Designated storage locations for deconstruction materials, waste and construction materials, and
  • Environmental monitoring at critical stages in the process.

An Environmental Management Plan for construction will be prepared by the environmental, landscape architect and civil engineering consultants, prior to the start of construction, to ensure that the environmentally sensitive, riparian, shoreline and marine ecosystems are protected during the construction process.

Sewer

20. Application for Sanitary Sewer Connection to be completed. Connection fee will apply.

The intent is to modify the existing sanitary sewer connection (we anticipate no new connection). This will include a new sanitary sewer manhole at the Christie Point entrance.

21. Design drawing required for Engineering Department approval, showing the sewer connection to the Town’s system. Developer to provide Town with assessment of flows and ability of existing system to handle those flows. Required upgrades to existing Town system in Craigowan Road to be carried out at developer’s expense.

Design drawings will be prepared at Building Permit stage for the modification to the existing connection to the Town sanitary sewer system. The assessment of flows and ability of the existing system to handle those flows is addressed in McElhanney’s Conceptual Servicing Report (Sanitary Sewer System, Page 3). The intent is to utilize the existing sewer pump station on site without modification to the pumps. There will be no increase in peak flow from the Christie Point lift station. The pumps will continue to pump at the same rate, but cycle more frequently. The existing system has proven capacity to handle the increased flows associated with the proposed development.

Utilities

22. CRD Water to review for their requirements. Although there was recent upgrades to the water line servicing the property, CRD Water needs to revisit this to ensure flows are sufficient for the increased units and that they meet Fire Department’s requirements.

McElhanney will coordinate with CRD to confirm available flows. On-site fire hydrant flow testing is recommended at a later stage in the development process.

23. View Royal requires proof of CRD Water approval of water design by the developer’s consultant.

McElhanney will coordinate the water main design for approvals.

24. BC Hydro, Tel, Shaw and Gas proposed infrastructure to be shown on civil drawings including all impacts on existing infrastructure. Recommend contact with all utilities early in design process to see if they have planned future upgrades. All impacts that the utility companies will have on Town infrastructure are to be repaired/replaced to Town specifications at developer’s expense.

McElhanney will show the third party utilities on our design drawings, based on design input and coordination from the electrical and mechanical consultants.

25. All utility services to development to be underground.

The current proposed servicing includes some services above-ground. Swell Environmental has provided bird safety mitigation strategies for above-grade utility lines, as outlined in the Environmental Overview Assessment on pages 22-23. Realstar will confirm further utility servicing requirements with the Town.

Development Services

Zoning

26. The proposal requires a zone which permits townhouse and apartment units up to six storeys in height at up to 26m. Has height (grade) been calculated in detail? With the weighted average per our Zoning Bylaw Grade definition?

At the rezoning stage, maximum heights requested are in accordance with similar comprehensive development zones, with adjustments for sea-level rise mitigation and tree retention strategies. The attached Rezoning Building Height Clarification (Attachment 1) drawing explains the rationale for a 26m six-storey height maximum in the areas of Christie Point where the present natural grade is at risk of flood due to sea level rise. Preliminary calculations are based on the definition of ‘grade’ according to the View Royal Zoning Bylaw, and indicate a new requirement for additional height of up to 2m to accommodate the higher Flood Construction Level (FCL), as recommended by Ryzuk Geotechnical, in the submitted Geotechnical and Sea Level Rise Report. The extent of the flood risk area of Christie Point that is subject to the new FCL is illustrated in the attached Flood Risk Areas drawing (Attachment 2). Areas outside of this zone are not anticipated to require the additional 2 metres in building height.

In this regard, Realstar proposes limiting building heights to 24m and 6-storeys for buildings A and F and to 26m and 6-storeys for buildings B, C, D1, D2, E and G.

27. Height of buildings is a public and GWI (Gorge Waterway Initiative) concern.

The impacts of 6-storey buildings on adjacent neighbours’ views continue to be analyzed with respect to screening by trees, view angles, lighting, and shadowing effects.

The consultant team has analyzed how neighbours’ views toward Christie Point will change as new trees, planted as part of the redevelopment, grow and mature over time. These will provide additional screening of buildings in areas that currently have few trees. The landscape architects, biologist, and arborist created the attached Tree Planting and Growth Plan (Attachment 3). It illustrates locations and species of proposed plantings. Along with the arborist’s guidance on growth rates, in terms of height and canopy size for each species, new trees were digitally modeled at four times: at planting; 10 years; 20 years; and 30 years. The resulting simulated views are attached in the four-page Estimated Tree Growth document (Attachment 4); these use photographs from four public locations as the basis for photo-montage simulations. Digital modeling has also been used to show the future buildings on the site. Please note that while an attempt has been made to accurately portray the position of the new buildings and the anticipated views with respect to trees, it is important to be mindful of a number of things:

• First, that the building massing, and especially the architectural designs, while based on the design guidelines, are preliminary and will be subject to a full Development Permit Application process, at the time of their development, in the future.
  • Second, that the photo-montages are static images, and as such, are unable to realistically, and fully portray the dynamic qualities and visual nuances experienced when viewing landscapes in real life.
  • Third, that growth rates and heights of trees, approximated by the consulting arborist, will be influenced by a number of environmental conditions and are therefore only estimates for illustrative purposes.

As the proposed buildings are designed to last for a minimum of 100 to 150 years or more, it is the design team’s view that the buildings should be sited with long-term views in mind, and not based solely on locations of present vegetation. Further to this analysis, the attached Waterfront View Analysis (Attachment 5) maps the locations of residents’ properties, both in View Royal and Saanich, from which views of Christie Point may be apparent.

As outlined in the Swell Environmental Environmental Overview Assessment on pages 22-23, Fatal Light Awareness Program (FLAP) Bird-Safe Guidelines will be incorporated into building designs to mitigate potential bird impacts. Strategies can include implementation of overhangs, shading devices, louvres, screens, blinds, window markings, and appropriate lighting. Façade and building designs will be reviewed by a FLAP-Approved Consultant during design and construction. The attached Victoria Harbour Migratory Bird Sanctuary document (Attachment 6) illustrates a successful case study of responsible development of buildings up to six storeys in the Selkirk Waterfront Community. The area is located within the Victoria Harbour Migratory Bird Sanctuary, approximately 4 kilometres southwest of Christie Point. Nest boxes for local Purple Martin birds were located along a waterfront boardwalk in collaboration with the Gorge Waterway Initiative, and the waterfront buildings’ owners indicate that in 25 years of operation, they have only been alerted to one instance of a bird collision with a building. The design team’s experience at the Selkirk Waterfront indicates that with proper mitigation strategies, including following FLAP bird-safe guidelines, 6-storey buildings can be constructed at Christie Point with minimal risk to the safety and well-being of migratory birds.

28. It is a possibility that an alternate recommendation for 4 storey buildings could be made by staff, or be a concession to allay concerns.

It is unlikely that reducing the maximum height of the proposed buildings to from six to four storeys would mitigate the visual impact of the project sufficiently to allay the concerns of those who are apprehensive about the potential change in views from their properties. The proposal reflects the results of an extensive development feasibility analysis conducted by the owner group and the design team during the pre-design phase. Among other considerations, building footprint, site coverage, building heights, and economic viability were studied, and the project parameters were established. It is by seeking the right balance of these determinants that the proposed zoning has been composed.

The project proposes a density of 1.15 FSR, which is well below the density of 1.25 to 1.5 FSR contemplated in the OCP. This density is the minimum required to ensure the project is financially viable. In order to achieve this density on the site as contemplated by the OCP, and limit the development to existing disturbed areas or the existing building footprints, Realstar proposes a maximum building height of 6-storeys. A 4-storey development at the same density would have a greater impact on the natural environment, proposed green spaces and existing tree canopy.

29. There is a special setback of 15m to which some of the proposed buildings are not adhering. This will require a variance at Development Permit stage.

The 15m riparian setback was established after the existing buildings at Christie Point were constructed in 1963. As such, some of the existing building footprints fall within the 15m setback from the shoreline.

The development team has made a concerted effort to minimize the impact of the increased density on the natural environment. One of the ways this is achieved is by siting the new buildings in the footprints of the existing buildings. The alternative on certain areas of the site would be to move the building footprints and destroy some of the mature tree stands that are a highly valued part of Christie Point in order to pull the proposed building footprints outside of the 15m setback area.

We hope that the Town of View Royal agrees with our strategy of minimizing the impact of the new development on the natural areas of the site, by siting the new buildings on the existing building footprints, and will support such variances at the DP stage, if they cannot be addressed through the rezoning process.

30. Subzones will be the likely solution for different buildings and heights, and perhaps setbacks to the natural boundary.

Realstar will consider the possibility of designating ‘Subzones’ or ‘Development Areas’ with staff in order to achieve zoning parameters that would provide a level of certainty regarding the ultimate architectural massing.

31. A Land Lift study recommendation will be made to Council, to be paid for with application fees (no additional applicant commitment).

Realstar is participating in the land lift analysis exercise recommended by Council.

Official Community Plan

32. No OCP amendment is required given the proposed use and density.

33. The amount of detail provided necessitates a Development Permit-level response.

The level of detail provided as part of the rezoning application is in response to Council requests to the developer and the public’s expectations. It exceeds minimum requirements for applying for a new zone. Realstar looks forward to providing adequate commitments at the rezoning stage, to allow an appropriate level of control, and flexibility for future building development, within the context of an ongoing rigorous approvals process.

34. Only direct statement at OCP level is: Policy LU8.4 Christie Point Encourage any future redevelopment at Christie Point to include a mix of medium density residential and park uses. Development at this location should be carefully reviewed to ensure that environmentally sensitive areas are protected, potential sea-level rise issues are addressed, and safe and efficient road access from the Island Highway is maintained.

35. The Project Sustainability Checklist included on the Development Application will be required at DP, and is a good tool to inform of the various sustainability issues the Town is concerned with.

The conceptual design of the project addresses the Natural Environment items on the Sustainability Checklist, the design at the DP stage will provide additional information regarding the specific measures to be implemented to meet these items.

Consultation

36. Applicant consultation summary to date should be included in next steps / outlined in presentations.

A Community and Stakeholder Engagement Summary was submitted with the Rezoning Application as Appendix B. This document includes a comprehensive overview of the consultation program leading up to the Rezoning Application, and has subsequently been updated to include a summary of engagement activities that have taken place since December 2016 (Attachment 7).

37. First Nations (Esquimalt and Songhees) have been contacted by the Town but have not provided comment. Any information regarding consultation with First Nations, in particular, would be appreciated.

Realstar has been consistent in its acknowledgement of the cultural importance of the Christie Point lands to the two Nations. The Community and Stakeholder Engagement Summary details the meetings and communications with the Songhees and Esquimalt Nations on pages 8-10. Realstar is committed to ongoing engagement and the responsible management of sensitive archaeological sites.

Site Use and Movement

38. Staff does not recommend park dedication. Public access will be recommended through statutory right of way. Park dedication will affect FSR.

39. Preservation of natural areas will be through natural areas covenant and will require that the owner maintain these areas. The specific covenant holders will need to be identified.

Realstar is exploring alternatives to a third party natural areas covenant that would offer a similar commitment to environmental protection, while recognizing Realstar’s long-term ownership and management of the property.

40. Expectation that existing roadway be used as much as possible.

The future roadway is anticipated to remain largely in the existing location. Improvements for emergency access, infrastructure and utility upgrades, pedestrian access, and minor realignments with new buildings, will be necessary.

41. A robust plan for reducing/eliminating foot traffic on sensitive areas will be expected.

As described on page 19 of the Environmental Overview Assessment for Christie Point by Swell Environmental, Realstar will protect environmentally sensitive areas (e.g. rocky outcrops, shorelines, intertidal areas, archaeological areas) through designated trails, fencing, and education:

• Pedestrian access will be controlled on the site to prevent trampling of sensitive ecosystems and erosion along shoreline, as well as minimize disturbance to birds and wildlife. This will be accomplished through establishing distinct trails and viewpoints (in the locations of some existing informal paths), fencing and signage, and resident and visitor education.
  • Trails will be designed to protect sensitive ecosystems and archaeological sites, and to control pedestrian access on the site in order to minimize disturbance to birds and wildlife. Techniques such as split rail fencing and signage will restrict access, and appropriate porous surface materials (gravel, woodchip) will be used for trails within 15 m of the natural boundary of Portage Inlet.
  • An education program will be developed to provide information to residents, site managers and visitors regarding the Victoria Harbour Migratory Bird Sanctuary and the extremely sensitive nature of the mudflats, shoreline, and the birds and wildlife on and around the site, including the impacts from disturbing the mudflat biofilm by dogs, people and boat traffic. Information for the materials will be coordinated with Environment Canada and the organizations involved with Portage Inlet, via the Gorge Water Way Initiative. Environment Canada will provide Migratory Bird Sanctuary signs and their Connecting Canadians to Nature Program may be an opportunity to produce additional signage and other materials for the site. Educational materials will consist of:
    • Environmental Management Manual for site managers
    • Welcome Pack for new residents
    • Signage at key locations such as entrances to natural and restored areas, ecologically sensitive areas, possible dock, and view points.
    • Christie Point website, which will include information on the ecological conditions of the site
  • Resident’s pets will be restricted to only indoor cats and on-leash dogs to minimize the effects of increased pet populations on birds and wildlife. A small, enclosed off-leash area is proposed.

The LADR Landscape Masterplan provides the conceptual layout for the development for rezoning, including proposed fencing, trails, viewpoints, and signage.

Additional details on controlling pedestrians through the site will be developed in the detailed design and provided in the development permit application.

42. CPTED analysis will be required at DP

A CPTED analysis will be provided at the Development Permit stage.

43. Lighting plan will be required at Development Permit (Dark Skies friendly)

A lighting plan in accordance with Dark Skies principles will be prepared at the detailed design stage, for the Development Permit application.

As noted on page 23 of the Environmental Overview Assessment for Christie Point by Swell Environmental, bird and wildlife friendly designs will be incorporated for night-time lighting to avoid disruption of birds and wildlife, especially in multi-story buildings. Building designs will be reviewed by a Bird Safe consultant from the Fatal Light Awareness Program to ensure that they meet the standards required to reduce the risk to migratory birds, and other birds and wildlife (http://flap.org/birdsafe.php).

Additional research into dark sky friendly techniques will be conducted for the detailed designs, including reviewing District of Saanich light pollution reduction requirements, and the Vancouver Bird Strategy.

Housing

44. Town desires that the property be rental only and will look into securing a housing agreement which will maintain the rental-only status in perpetuity and ensure that existing residents of Christie Point are guaranteed first-refusal for comparably priced or located or configured units.

Realstar acknowledges the Town of View Royal’s desire to secure a Housing Agreement associated with this application.

45. Want to see a more detailed breakdown of what types of units, prices and locations will be offered to existing tenants.

This information will not be available until a much later stage. Typically, rents are set for new development 6-months before occupancy.

Realstar has committed to offering residents the first a chance to lease the new units, prior to launching a marketing campaign to the general public. Realstar will keep a list of the contact information for all residents that will have to move as a result of the redevelopment. Residents will be required to ensure that Realstar has their most up to date contact information (for example, if they move multiple times). When Realstar is ready to begin marketing the new building, Realstar will first contact all existing Christie Point residents and invite them to view the new unit floor plans and pricing. Existing residents will thus have first right of offer on the new units, prior to Realstar marketing them to the general public.

46. There is preliminary feedback from Council that there is interest in lower and/or graduated rent schemes for existing tenants.

Although not required by the BC Residential Tenancy Act (“RTA”), Realstar will consider what additional supports are financially feasible, or appropriate, once the third-party land lift analysis is complete.

47. Context is suitable for family-oriented rental units.

The suite mix of the new development will include studio, 1, 2 and 3-bedroom units, with an emphasis on providing townhouse style units on the grade level/lower floors of each building. Realstar seeks to maintain the same number of 3-bedroom units on the property and to increase the number of 2-bedroom units as part of the redevelopment.

48. Would like to see a more specific commitment to moving allowances and services including packing services – specific dollar amounts, specific moving services, percentages of amounts etc. such that expectations can be better established for existing residents.

Realstar proposes a Tenant Relocation Package that exceeds the requirements of the landlord under the BC Residential Tenancy Act. This includes:

• Realstar will give residents a minimum of 6-months’ notice that they will have to move;
  • In addition to payment of one months’ rent, Realstar will provide a moving allowance or moving services (including providing packing supplies (boxes, tape)) through a company contracted by Realstar;
  • If you have a physical disability and there are no able-bodied adults in the household, Realstar will provide assistance with packing;
  • Realstar will pay for disconnecting and reconnecting cable, internet, telephone;
  • Realstar will pay for mail forwarding for up to 6 months;
  • Realstar will give Christie Point residents first right to rent apartments in the new development, at the new rental rates.

If the project proceeds, Realstar proposes running a Request for Proposals (“RFP”) to select a moving company. The moving company will provide the moving supplies, and in some instances, moving services. Realstar will schedule moves on behalf of residents with the moving company and pay the company directly for moves within the CRD. For residents that choose not to use the Realstar-selected moving company, Realstar proposes to provide a moving allowance of $1,000 per household, in keeping with the request of the Christie Point Advocacy Group.

49. Would it be possible to get a detailed breakdown of existing rental rates? Rent roll available?

A detailed analysis of the demographics of residents living at Christie Point and the range and distribution of rents per household is provided in Attachment 8.

Community Amenity Contributions

50. Preliminary interest (but no specifics) from Council in seeing some alternatives to the proposed amenity package.

Realstar is opening to continued discussions with the Town of View Royal with regards to what amenity package is most appropriate for this application.

52. There is interest in more analysis of a housing and environmental amenity package, potentially as part of a land lift analysis.

Realstar looks forward to discussing the amenity package in greater detail, once the third-party land lift analysis is complete.

53. There is a detailed request from the Christie Point Advocates group regarding tenant relocation.

In exceeding the requirements of the BC RTA, Realstar has committed to some of the proposed supports requested by the Christie Point Advocates Group. Realstar will continue to liaise with the Christie Point Advocates group as the project moves through the approvals process.