Development Permit No. 2021/10 – 298 Island Highway Staff Report

Variances

Small car spaces

The variance to increase the percentage of small cars spaces can be supported because the residential component is proposed to be strata-titled ownership. The Real Estate Development Marketing Act requires a disclosure statement that explains the parking arrangements, including the number and location of parking stalls and the method of allocating the right to use the stalls. It is reasonable to expect that subsequent purchasers would inspect the allocated parking space as part of their due diligence.

Loading spaces

The variance to reduce the number of loading spaces from two to one can be supported because there would only be one commercial tenant who can coordinate delivery times. The 656m² commercial floor space is at the low end of the 500-2500m² range where the Zoning Bylaw requires two loading spaces.

The following information has been provided to follow up the July 13, 2021 Committee of the Whole meeting: a. Structural portions of the building will not encroach into the boulevard, only ornamental features b. The amount of impermeable surface coverage has been indicated on the plans

3. Encroachments

The plans show two encroachments: aerial encroachments for ornamental features projecting from the building, and a plaza that extends into the Island Highway boulevard. These types of encroachments are not uncommon in urban areas in where buildings are located close to the property line. These must be addressed in a process separate from the development permit and be at the proponent’s cost.

Staff will continue to work through this issue which is beyond the scope of the Development Permit.

4. Site Servicing

This information is provided for information as offsite servicing is formalized through a servicing agreement at the building permit stage. The requirements of Subdivision and Development Servicing Bylaw No. 985, 2017 include 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. The following information has been provided to follow up the July 13, 2021 Committee of the Whole meeting:

a. A 3 m x 3 m corner cut at the Island Highway / Helmcken Road intersection is to be dedicated as road prior to building permit issuance b. A storm water management plan has been provided c. The proposed footprint of the underground parking area has zero set back from the existing sanitary sewer Statutory Right-of-Way along the north property line. It is reasonable to presume that the excavation activities necessary to construct the building will encroach upon the SRW. The extent of the apparent impact on the SRW must be verified, and proposed excavation and shoring activities approved by the Engineering Department prior to approval of the Development Permit d. No tree will be planted within the sewer statutory right of way along the northeast lot line e. The proposed use of the public boulevard for a plaza is to be addressed prior to building permit issuance f. The proposed encroachment of cornices and awnings onto the public road allowance plaza is to be addressed prior to building permit issuance g. The potential for the Helmcken Road access to conflict with the bus stop pull out can be addressed through the site servicing and building permit processes h. Provide a painted bike lane on Helmcken Road between the outlet of the right-hand slip lane and the existing bike lane towards Eltham Road fronting the subject property.

There was a discussion at the Committee whole meeting about whether the slip lane for right turns from Island Highway onto Helmcken Road in front of the subject property should be a standard turn lane to reduce speeds. The existing road complies with Subdivision and Development Bylaw standards and is no proposal for change noted in the Transportation Master Plan.

5. Environmental Management Act

Independent site remediation is being conducted on the property to address contamination from the site’s historic service station use. The Environmental Management Act requires that the development cannot proceed without a site release. A site release has been filed but staff have heard that due to recent changes to contaminated sites legislation, delays of several months are being experienced. Therefore, approval of the development would be conditional on Environmental Management Act requirements being met. This would allow the applicant to continue working on other aspects of the project, including the encroachments and detailed servicing plans.

RECOMMENDATION

THAT Development Permit 2021/10 be approved as per the October 29, 2021 report from the Senior Planner titled “Development Permit 2021/10 – 298 Island Highway” subject to Environmental Management Act requirements for approval;

AND THAT Development Permit 2021/10 include variances to provisions of Zoning Bylaw No. 900, 2014 for the following:

1. Variance to the percentage of total parking spaces to be small car spaces in Section 5.5.3 from 30% to 60%
2. Variance to the number of commercial loading spaces in Section 5.10, Table 3 from two to one

AND FURTHER THAT Development Permit 2021/10 include the following conditions:

1. A covenant is be registered prior to building permit issuance to secure the following: a. Commercial parking spaces to be available for shared use by visitors during nonbusiness hours b. Proposed communal rooftop deck not to be used between the hours of 10:00 pm and 7:00 am to avoid any excess noise
2. Proposed encroachments are to be addressed prior to building permit issuance, at the applicant’s cost
3. A 3 m x 3 m corner cut at the Island Highway / Helmcken Road intersection is to be dedicated as road prior to building permit issuance
4. Exterior lighting is to be “dark skies friendly”
5. A security deposit for onsite landscaping is to be provided prior to building permit issuance

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. Design Rationale - Ankenman Marchand Architects (3 pages)
4. Architectural Drawings – Ankenman Marchand Architects, August 16, 2021 (38 pages)
5. Landscape Plan - Lombard North Group, August 20, 2021
6. Colour and Material Board - Ankenman Marchand Architects
7. Exterior Furniture and Lighting - Ankenman Marchand Architects
8. Preliminary Site Servicing Plan - JE Anderson, undated
9. Stormwater Management calculations- JE Anderson, October 4, 2021
10. Sustainability Checklist (8 pages)
11. Development Permit Guidelines review (pages)