Staff Report to Planning, Zoning and Affordable Housing Committee — Application to Rezone 2739–2751 Scafe Road and 2746 Peatt Road (Z21-0015)

BACKGROUND

The City has not received any previous planning applications with respect to the subject properties.

Table 1: Site Data

SITE AND SURROUNDING AREA

The property fronting Peatt Road is currently vacant. The other properties along Scafe Road all contain single-family dwellings and minimal vegetation. Surrounding properties on Scafe Road also contain single-family dwellings, but surrounding properties on Peatt also include multi-family, commercial, and office uses.

Table 2: Surrounding Land Uses

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 1200 designates the subject property as ‘City Centre’, which is defined by the following text:

• A major regional growth centre that support a wide range of high density housing, including affordable and rental housing
• A major employment area for institutional, office, commercial, light industrial uses
• Major civic uses and public buildings are key landmarks
• A major place of community gathering and celebration
• A wide range of public squares, parks and open spaces are integrated throughout
• The City’s major entertainment and/or cultural precinct
• Inter-city and/or inter-regional transit hub connect residents

DEVELOPMENT PERMIT AREAS

The subject properties are not located within any of the Environmental Protection or Hazardous Area Development Permit Areas. However, these properties are located within the City Centre Development Permit Area and since the proposal is for a multi-family development, a Development Permit for Form and Character will be required. This Development Permit is required prior to issuance of a building permit to ensure the design is consistent with the City’s Design Guidelines.

DESIGN GUIDELINES

The subject properties are located within ‘N2 Strathmore’ of the City Centre Neighbourhoods in the Design Guidelines as outlined in Figure 2. For this region of the City Centre, the design intent is as follows:

The Strathmore neighbourhood is located towards the middle of the City Centre. The borders consist of main connector roads going north/south and east/west.

This neighbourhood is a very suitable location for medium and high-density residential development due to the variety of existing building types.

Development along Peatt Rd. and Goldstream Ave., including the southern end of Jacklin Rd. shall contain commercial and heavily pedestrian oriented ground floors. A development emphasis should be on creating an animated street level for the public.

DEVELOPMENT PROPOSAL

The applicant is proposing to rezone the subject properties to CCP (City Centre Pedestrian – Area 2) in order to construct three mixed-use buildings. Along Scafe Road, one building is proposed to be 18-storeys in height and another would be 24-storeys. There would also be a 4-storey building that fronts Peatt Road. The 4-storey building would contain commercial and office spaces only, while the taller buildings would consist of 271 residential units and possibly a daycare along the ground floor that fronts Scafe Road.

The CCP Zone is a newly created zone for the City Centre that was created under Bylaw 1919, which Council adoption on August 16, 2021. Bylaw 1919 created a number of zones suited for the City Centre as well as a Concept Map and supporting policies to act as a guide for how Council may consider implementing these zones at the time of rezoning. For this site, the properties fronting Peatt Road were identified as being appropriate for consideration of the CCP - Area 2 zone, whereas the properties fronting Scafe Road were identified as being appropriate for the CC2 zone. However, the supporting policies anticipate that Council may wish to deviate from the Concept Map under various circumstances, one of those being a land assembly between multiple designations identified in the Concept Map. This development falls within this land assembly category, and as such the developer is proposing to extend the CCP zone through to Scafe Road.

The six properties associated with this development proposal would be consolidated into one parcel and vehicle access in the site would be off Scafe Road only. The Peatt Road side of the development would only have pedestrian access to the site. Council may wish to require the lot consolidation to occur prior to issuance of a Development Permit for Form and Character.

As noted above, the 4-storey building fronting Peatt Road would contain commercial and office units only. The plan includes an open-air walkway along the southern property line, as illustrated in Appendix A. The current ground floor plan along Scafe Road will includes a 167m² (1,800ft²) unit for commercial/retail, plus a lobby for the 18-storey building as well as a 3-bedroom unit. However, the CCP zone mandates that the entire ground floor be commercial units, which is intended to be supported by the residential units above and give reason for the allowable increase in height. Appendix A provides an illustration of the current plans for the ground floor, but Council may wish to require a revised ground floor plan be provided prior to Public Hearing, which complies with the CCP zone. The current plan does meet the 80% active frontage requirement, and this is anticipated to be maintained with the redesign.

There would be one full level of underground parking, with five stalls below that level, and the rest of the parking would be provided within a parkade that encompasses much of the first, second, and third levels for a total of 346 onsite parking stalls, which requires a 10-stall parking variance. The commercial parking will be provided for within the visitor stalls, as permitted by the zoning bylaw. The roof of the parkade would include private patios associated with units that open onto the parkade rooftop. This rooftop would include a variety of common amenity open space uses for all residents of the buildings such as community gardens, dinning areas, a lounge area, and playground. Even though the parkade would primarily be above ground, the facade would include materials and a design similar the residential buildings so that it does not have the appearance of a traditional concrete parkade.

With respect to type of units, Langford has seen a concentration of rental apartments among multi-family residential developments. In an effort to provide options for future home ownership and ensure flexibility of housing types for all residents, Council may wish to require developers to strata title the buildings prior to occupancy so that individual units may be offered for sale if market conditions change at some later date. Taking this step does not impede the use of the building as a rental if the applicant wishes to but ensures that a building is appropriately constructed and will not require potentially costly upgrades if strata title conversion is sought in the future. The applicant is proposing to strata title the project regardless, but Council may still wish to have the applicant register a building strata plan as a condition of rezoning prior to issuance of an occupancy permit and have this provision secured within a section 219 covenant registered on title.

To remain consistent with other multi-family developments that have recently been rezoned, Council may wish to require the onsite parking stalls be secured to each unit in accordance with the Zoning Bylaw parking requirements to ensure separate rent is not charged for a parking space. This would prevent future tenants/owners from declining to pay separately for a parking stall and choosing to park on the surrounding streets instead.

Additionally, Council may wish to require the onsite parking spaces to be equipped with infrastructure so that electric charging stations can be installed at a future date without the need of an expensive retrofit to the building. Given the future development of electric vehicles, this may be viewed as a proactive step that would allow residents of the building a wider choice of vehicles in the future.

Table 3: Proposal Data

• variance requested

REQUESTED VARIANCE

The applicant has proposed to reduce the onsite parking from the required 356 stalls to 346 stalls. These 10 stalls would be considered 10 visitor stalls, which the applicant is proposing to provide along Scafe Road. Each residential unit would still have their required parking stall allocated to them onsite, so it would simply be some visitor stalls (which double as commercial parking) that would be provided for off-site.

If Council is supportive of this variance, they may wish to authorize the Director of Planning to issue the variance within the Development Permit for Form and Character for this site. Alternatively, if Council is not supportive of this variance, they may wish request the applicant to provide the 10 required stalls onsite to comply with the zoning requirements.

FRONTAGE IMPROVEMENTS

Peatt Road

The applicant will be required to provide full frontage improvements along Peatt Road in accordance with Bylaw 1000, prior to issuance of a building permit. Improvements would include parking scallops, red brick paving sidewalk, street lighting, and boulevard landscaping with irrigation. The Fire Department has requested the overhead wires to be installed underground, but this would likely apply to Scafe Road as the building along Peatt is 4-storeys in height and taller buildings on Peatt already exist.

Scafe Road

The applicant will be required to provide full frontage improvements along Scafe Road in accordance with Bylaw 1000, prior to issuance of a building permit. Improvements would include a bike lane, perpendicular street parking, 2.2m wide concrete sidewalk, street lighting, and boulevard landscaping with irrigation. There may also be a need for a middle turning lane, depending on what the Traffic Impact Assessment recommends for this development.

TRAFFIC IMPACT ASSESSMENT

A Traffic Impact Assessment (TIA) for this development has been submitted. However, the TIA does not state whether or not road improvements beyond the immediate frontage of this site are required. This TIA is currently under review and is anticipated that a statement regarding recommended improvements is provided prior to Public Hearing. Council may wish to require that the TIA is approved by the Director of Engineering prior to Public Hearing.

FIRE FIGHTING

As noted above, the Fire Department has requested that overhead wires be placed underground, which would assist with fire fighting.

The City has received correspondence from a number of concerned citizens in regards to the proposed building height and the current height of the City’s ladder truck. As with any other tall building in other cities, the Building Code requires the building to be sprinklered and stairwells protected to allow residents to exit and emergency personnel to enter through a safe route. The height of the City’s ladder truck is not relevant to building height.

NEIGHBOURHOOD CONSULTATION

The applicant organized a public meeting on September 8 between 12:00-1:00pm and 6:00-7:00pm to discuss this project with surrounding residents. These meeting were held to discuss both this project and the other project located at Arncote and Sunderland. From these meetings, there were approximately 100 participants. The applicant said they received around 120 questions and were able to adequately respond to half of those.

SEWERS

Sewer mains do exist within Peatt Road and Scafe Road fronting this site, and connections from the buildings to one or both of these mains would be required. Any improvements, extensions, or modifications needed to the sewer main within the municipal road right-of-way will be completed by West Shore Environmental Services at the applicant’s expense.

DRAINAGE AND STORMWATER MANAGEMENT

This site is located within an area where stormwater infiltration is required as per Bylaw 1000. Stormwater mains do not exist within either frontage. As a condition of rezoning, Council may wish to request the applicant to examine how stormwater can be managed on-site through infiltration and have a technical memo from a qualified engineer be provided in this regard to the satisfaction of the Director of Engineering prior to public hearing. A full stormwater management plan will be required prior to issuance of a building permit.

FINANCIAL CONTRIBUTIONS

FINANCIAL IMPLICATIONS

Rezoning the subject properties to permit higher density of development will increase the assessed value of lands and eventually will increase municipal revenue due to the number of units created. As the developer is required to complete all frontage improvements, the direct capital costs to the City associated with this development will be negligible. A summary of Amenity Contributions and Development Cost Charges that the developer will be expected to pay, is outlined in Tables 4 and 5 below.

COUNCIL’S AMENITY CONTRIBUTION POLICY

The amenity contributions that apply as per Council’s current Affordable Housing, Park and Amenity Contribution Policy are summarized in Table 4 below, which is based on 271 residential units and 1,903m² of commercial space.

Table 4 – Amenity Contributions per Council Policy

• Note: The applicant will be charged for new units created at the time of building permit issuance and is entitled to a 50% or 75% reduction depending on the use and height for units above the 4th storey.

Table 5 – Development Cost Charges

OPTIONS

Option 1

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Direct staff to prepare a bylaw to amend the zoning designation of the properties located at 2739, 2743, 2747, 2749 and 2751 Scafe Road and 2746 Peatt Road from the R2 (One- and Two-Family Residential) zone to the CCP (City Centre Pedestrian) zone subject to the following terms and conditions:

a) That the applicant provides, as a bonus for increased density, the following contributions per residential unit, prior to issuance of a building permit: i. $750 towards the Affordable Housing Fund; and
ii. $2,850 towards the General Amenity Reserve Fund.
subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy depending on use and height.
b) That the applicant provides, as a bonus for increased density, the following contributions per square metre of commercial space, prior to issuance of a building permit: i. $10.75 towards the General Amenity Reserve Fund.
c) That the applicant provides, prior to Public Hearing, the following to the satisfaction of the Director of Engineering:

i. A technical memo from a qualified engineer that verifies stormwater can be adequately managed on-site for the proposed developments;
ii. A Traffic Impact Assessment from a qualified engineer be provided regarding the proposed development.
d) That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following: i. That all six subject properties be consolidated together prior to issuance of a Development Permit for Form and Character;
ii. That a separate covenant be registered prior to issuance of a building permit for the proposed residential building(s) that ensures parking is allocated to each unit and visitors as required by the zoning bylaw and is not provided in exchange for compensation separate from that of a residential unit;
iii. That no occupancy permit be issued for the proposed building until a strata plan for the building has been registered, to the satisfaction of the Approving Officer;
iv. That 100% of residential parking spaces, excluding visitor parking spaces, shall feature an energized outlet capable of providing Level 2 charging or higher to the parking space, and that

1. Energized outlets shall be labelled for the use of electric vehicle charging;

2. Where an electric vehicle energy management system is implemented (load sharing), a qualified professional may specify a minimum performance standard to ensure a sufficient rate of electric vehicle charging; and

3. The owner/tenant is required to keep the Electric Vehicle Servicing Equipment (EVSE) in operation and the Strata Council/landlord may not prevent an owner, occupant, or tenant from installing the EV charging equipment
   v. That the following are implemented to Bylaw 1000 standards to the satisfaction of the Director of Engineering prior to issuance of a building permit:

4. Frontage improvements;

5. A storm water management plan; and

6. A construction parking management plan.
   AND

7. Authorize the Director of Planning to issue the following variance in the Form and Character Development Permit for 2739, 2743, 2747, 2749 and 2751 Scafe Road and 2746 Peatt Road:

a) That Table 1 of Section 4.01.01 be varied by reducing the number of onsite visitor parking stalls from the required 0.25 per unit to 0.215 per unit.

OR Option 2

1. Take no action at this time with respect to this application to rezone 2739, 2743, 2747, 2749 and 2751 Scafe Road and 2746 Peatt Road.

APPENDICES

Appendix A

SITE PLAN – Ground Level

Appendix B

RENDERING – View from Peatt Road

Appendix C

SUBJECT PROPERTY MAP

Appendix D

LOCATION MAP

Submitted by:

Robert Dykstra, MCIP, RPP Senior Panner

Concurrence:

• Matthew Baldwin, MCIP, RPP, Director of Planning
• Leah Stohmann, MCIP, RPP, Deputy Director of Planning
• Chris Aubrey, Fire Chief
• Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
• Yari Nelson, Manager of Parks and Recreation
• Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
• Adriana Proton, Manager of Legislative Services
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer