PLANNING & DEVELOPMENT REPORT: REZONING APPLICATION 2022/05 – 296 ELTHAM ROAD AND 242 HELMCKEN ROAD

DISCUSSION:

The key issues for consideration of the application include the following:

1. Official Community Plan Context and Policies
2. Proposed Zone
3. Lot Consolidation
4. Site Servicing
5. Transportation Impacts
6. Trees
7. Community Amenity Contribution
8. Public Consultation

1. Official Community Plan Context and Policies

The site is designated Mixed Residential in the Official Community Plan, which supports the following:

• detached homes on small lots
• townhouses - up to three storeys and a maximum density of 1.25:1 FSR
• low-rise apartments - up to four storeys and a maximum density of 1.5:1 FSR

The Zoning Bylaw contains provisions that allow bonus density of +0.1:1 FSR where underground parking is provided.

As shown in Figure 3, the site is in a transition area from the detached residential (R) neighbourhood on Rudyard Road to the Neighbourhood Mixed Use (NMU) areas supporting commercial/apartment use and the higher density Neighbourhood Centre (NC) area at the Island Highway and Helmcken Road intersection, where a six-storey commercial/residential building is under construction.

Figure 3. Official Community Plan Land Use Designations

The proposal is consistent with other OCP policies such as those listed in Attachment 11. Most significant are the following:

Policy HS1.1 Range of Housing Types

• Ensure the policies of this Plan and the regulations of the Zoning Bylaw support a range of housing, including detached homes, small lot subdivisions, apartments, townhouses, secondary suites and other typologies that meet the housing needs of current and future residents.
• Special consideration will be given to the provision of ground-oriented units in order to accommodate continued demand for family housing. Increasing the number of garden suites, townhomes, small lot detached houses and other housing forms with ground level entries is essential to realizing the Town’s Vision.

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 LU4.5 Street-oriented Buildings Encourage street-oriented buildings where practical in terms of physical terrain and street configuration.

2. Proposed Zone

The proposal is to rezone the subject properties to a new zone. The proposed density is 1.25:1 FSR (approx. 93.9 units per hectare) based on 15 units on a 1596.9 m² site. Comparisons between the proposal and nearby developments are summarized in Tables 1 and 2 below. It is worth noting that as a modern-day development, the proposal would be denser than nearby townhouses as shown in Table 1, but those sites have surface parking.

Table 1. Nearby attached residential developments

Table 2. Nearby multi-unit residential developments

In order that the two subject properties be preserved as one development site after rezoning, a covenant is recommended as part of bylaw consideration to require consolidation of the lands comprising the entire site, and until then those lands are not to be sold or otherwise transferred separately. This covenant would keep the lands as a single development site because it is not in the Town’s best interest for individual parcels to be sold or developed individually with the proposed Comprehensive Development zoning in place.

3. Lot Consolidation

Staff considers the application as presented to be premature. The development site comprises two of three parcels along the north side of Eltham Road. A land assembly of the three parcels on Eltham Road (242 Helmcken Road, and 294 and 296 Eltham Road) continues to be recommended as it would realize the best development potential for this area. Leaving an “orphan” property at 294 Eltham Road is not supportable as it would lead to site planning issues related to building configuration and orientation, setbacks, number of driveways on Eltham Road, and the amount of hard surface treatment.

The properties at 294 Eltham Road and 240 Helmcken Road (see Figure 4) abutting the subject properties are owned by another party. The applicant reached out to the owners of 294 Eltham Road and 240 Helmcken Road to discuss the feasibility of consolidating the properties into one larger development site; however, the applicant indicated to staff that a suitable agreement was not achieved. Moving forward with this application would leave the abutting properties as an L-shaped site that would likely limit future options to single rows of building along one side of a driveway.

A larger, more comprehensive site comprising of at least all three parcels on Eltham Road would provide more options for building configurations and better transitions to the detached residential neighbourhood on Rudyard Road. The property at 240 Helmcken Road could form part of a land assembly with the properties to the north along Helmcken in the future, if desired.

Figure 4. Neighbouring properties at 294 Eltham and 240 Helmcken Road

4. Site Servicing

Conceptual servicing plans are provided in Attachments 6 and 7. Standard requirements of Subdivision and Development Servicing Bylaw No. 985, 2017 include fully updated frontage improvements, no net increase in post-development site runoff, and ensuring that storm water entering the Town’s drainage system will meet the requirements of Storm Water Regulation Bylaw No. 902, 2015. A detailed design stormwater management plan will be required prior to issuance of the building permit and road frontage design will be reviewed as part of the servicing agreement.

The additional sewer loading due to the proposed rezoning is accounted for in the Master Sanitary Sewer Plan and the Development Cost Charge program, which is based on the site’s OCP land use designation. A sewer modelling study is not requited at this time as there appears to be sufficient capacity in the receiving sewer system to support the proposed development.

5. Transportation Impact

A traffic impact assessment for this development has been provided (Attachment 8). The following conclusions of the assessment was reviewed and accepted in principle by the Engineering Department for the purpose of rezoning:

• “Post Development, Opening with Full Project Site Traffic, LOS analyses indicated that the study intersection of Helmcken Road and Eltham Road would continue to operate at acceptable levels of service including the stop-controlled approach without any operational issues, and mitigation measures are not needed.
• The proposed site access intersection on Eltham Road would operate acceptably and would not require any mitigations.
• Intersection layout assessment was completed for the Helmcken Road and Eltham Road intersection based on TAC Guidelines. The purpose of the assessment was to determine whether south-bound (SB) left-turn only lane or / and west-bound (WB) left-turn only lane would be required. The results of the assessment indicated that exclusive left-turn only lanes are not warranted in both, SB and WB approaches.
• One of the warrants for exclusive left-turn lanes depends on historical collisions at the study intersection, the safety warrant. The total number of collisions that occurred at the intersection of Helmcken Road and Eltham Road between 2017 and 2021 was two collisions only. This is considered low and indicates safe intersection operations.
• Intersection Sight Distance Reviews were completed for the Helmcken Road / Eltham Road intersection and the planned Site Access intersection on Eltham Road. The purposes of these reviews are to make sure that required minimum sight distances would be available. The results of these reviews indicated the following:
  • The minimum approach sight distance requirement is met for the Helmcken Road and Eltham Road intersection.
  • The minimum departure sight distance requirement of 76m is met at the study intersection of Helmcken Road and Eltham Road for the north and south directions. Approximately 83m sightline to/from the south to Eltham Road is available and 95m sightline to/from the north is available based on field measurement.
  • The minimum departure sight distance requirement of 76m is met at the site access intersection on Eltham Road to/from east of the Access. Approximately 93m sightline to/from the east is available based on field measurement.
  • The minimum departure sight distance requirement of 76m is not met at the site access intersection on Eltham Road to/from west of the Access. Approximately 62m sightline to/from the west is available based on field measurement. Eltham Road ends as it intersects with Helmcken Road. [However] It is believed that the assumed 40 Km/h. speed on Eltham Road was little high as this is a very local road and drivers would usually be driving at 30 Km/h. speed or lower. The sightline requirement for 30 Km/h. is 55m. Therefore, the available 62m to the west of the site access meets the requirement.”

The proposed land use would support the BC Transit Frequent Transit Network (FTN) corridor. The site is located on a FTN service corridor that provides medium to high density mixed land use corridors with a convenient, reliable, and frequent (15 minutes or better between 7:00 a.m. and 10:00 p.m.) transit service seven days a week. Higher density development on Island Highway and Helmcken Road would increase ridership and in turn, increase service levels. The development site is currently 45m away from the nearest bus stop.

While the design rationale described a large, landscape buffer between Helmcken Road and the property, staff will need to review the landscaping at the detail design stage to ensure that it does not impede sightlines for traffic exiting Eltham Road onto Helmcken Road.

The Transportation Impact Assessment provides analysis of proposed on-site parking. This would be addressed at the development permit stage, but it should be noted that the proposal is to provide on-site visitor parking to reduce the demand for on-street parking on Eltham Road.

6. Tree Retention

A tree site plan and inventory has been provided in Attachments 9 and 10. There are five trees on the site: one cedar, one fir and three non-native species. Boundary trees include an ash and a cedar on the neighbouring property at 294 Eltham Road. Underground parking is desirable but can create conflicts with tree root zones if in close proximity to foundations. Replacement of some boulevard trees, including three hawthorns along Eltham Road, may be required. The site has a 3.0m easement and statutory right of way along the east boundary which will provide a buffer to the trees and hedges on the neighbouring property at 240 Helmcken Road (see Figure 2). A tree permit in accordance with the Tree Protection Bylaw 1069 will be required prior to the removal of the trees.

The existing boulevard trees along the Helmcken Road frontage are to be retained to maintain uniformity along the road corridor. The plans currently indicate this. Appropriate tree protection measures will be required to ensure the trees will not be impacted by the development.

7. Community Amenity Contribution

Community amenity contributions are voluntarily negotiated between the applicant and the Town to provide a community amenity. They may take the form of cash or physical/tangible contributions. The Community Amenity Contributions Policy target rate is $4,000 per multi-family residential unit. For the 15 units proposed in the development concept, the voluntary contribution would be $60,000 minus any tangible community amenity contributions that Council and the applicant agree to. Typically, community amenity contributions would be secured in a covenant concurrent with final reading of the rezoning bylaw and provided prior to building permit issuance. An agreement should be in place concurrent with the consideration of the 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. The Community Amenity Contributions Policy is for 10% of the amount of cash amenities received to be transferred to the Capital Regional District Housing Trust Fund to supplement the Town’s annual contribution.

8. Public Consultation

Voluntary Neighbourhood Consultation

The applicant indicates that an advertisement was placed in the February 15, 2023 edition of the Goldstream Gazette and that flyers were distributed to properties within a 300m radius for a public meeting on February 28, 2023. This is the same process the applicant previously undertook for the rezoning of 258 Helmcken Road. Details of the public meeting and comments are provided in Attachment 12 (see Attachment 13 for surveys and other open house correspondence). The applicant indicates there were 30 attendees, with 14 comment sheets and 1 email received. The applicant summarizes the results in Figure 6.

Figure 6. Applicant open house survey results

No Provincial requirement for Public Hearing

The Local Government Act as of November 2021 no longer requires a public hearing in the process of the considering a rezoning bylaw that would be consistent with the Official Community Plan. Notice would be required before first reading of the rezoning bylaw. A benefit of the change is to streamline land use decisions and the provision of housing. Council may still choose to hold a public hearing where a proposed rezoning bylaw would be consistent with the OCP. If so, public hearings are typically held after second reading of a bylaw.

CONCLUSION

The proposal to rezone and construct 15, three-bedroom townhouse units on the subject site is consistent with the land use policies in the OCP and it is an appropriate location for ground-oriented housing suitable for households with children for the following reasons:

• one block from View Royal Elementary School
• directly on a bus route with one of the highest levels of service in the region
• 275m from the E&N Rail Trail
• less than three blocks (400m) to View Royal Park.

However, staff considers the application as presented to be premature. Moving forward with this application would leave 294 Eltham Road and 240 Helmcken Road as an L-shaped site where the only future options would be single rows of residences along one side of a driveway. A larger, more comprehensive site comprising at least all three parcels on Eltham Road would provide a more optimal building configuration and transition to the detached residential neighbourhood on Rudyard Road. It is recommended that Council decline the application as presented. However, there is an alternate recommendation should Council wish to refer the application to the Community Development Advisory Committee.

RECOMMENDATION:

THAT the Committee recommend to Council that Rezoning Application 2022-05 for 296 Eltham Road and 242 Helmcken Road be declined.

ALTERNATE RECOMMENDATION:

THAT the Committee recommend to Council that: a. the rezoning application for 296 Eltham Road and 242 Helmcken Road be referred to the Community Development Advisory Committee prior to Council consideration of a bylaw; b. that a public hearing be held as part of the bylaw process.

AND THAT the Committee recommend to Council that the following items be addressed to the satisfaction of the Director of Development Services prior to the current application be advanced to bylaw consideration:

1. Agreement with the applicant that legal agreements be registered on title concurrently with rezoning to secure the following items prior to building permit issuance: a. a restriction that the lots are not to be sold independently to ensure that the subject properties are redeveloped as a single site b. lot consolidation prior to building permit issuance c. provision of community amenity contributions agreed to with the applicant.
2. The sustainability statement checklist be provided.

SUBMITTED BY: Jeff Chow, RPP, MCIP, Senior Planner

REVIEWED BY: Leanne Taylor, RPP, MCIP, Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Subject Property Orthophoto
3. Letter from Applicant, May 27, 2022 (2 pages)
4. Design rationale (2 pages)
5. Architectural Plans - Ankenman Marchand Architects, August 30, 2022 (12 Pages)
6. Servicing Plan - JE Anderson & Associates, April 29, 2022
7. Conceptual Storm Water Management Plan - JE Anderson & Associates, April 29, 2022 (8 pages)
8. Transportation Review Report - Addoz Engineering, Inc., January 3, 2023 (48 pages)
9. Tree and Site Plan
10. Tree Inventory
11. Official Community Plan policy excerpts (5 pages)
12. Neighbourhood consultation summary - Ankenman Marchand Architects, March 8, 2023 (5 Pages)
13. Neighbourhood open house surveys and correspondence - Ankenman Marchand Architects, March 8, 2023 (30 Pages)