COMMITTEE OF THE WHOLE REPORT - DEVELOPMENT PERMIT WITH VARIANCES APPLICATION NO. 2024-03

COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole
DATE: March 4, 2025
FROM: Jeff Chow, RPP, MCIP, Senior Planner
MEETING DATE: March 11, 2025

DEVELOPMENT PERMIT WITH VARIANCES APPLICATION NO.2024-03 – 294, 296 ELTHAM ROAD AND 242 HELMCKEN ROAD

RECOMMENDATION:

THAT the Committee recommend that Council, after giving notice, consider the following motion:

1. THAT Council authorize the issuance of Development Permit with Variances Application No. 2024-03 for 294, 296 Eltham Road and 242 Helmcken Road, in accordance with plans submitted to the Development Services Department on November 12, 2024, subject to: a. Proposed development meeting all of Town’s Zoning Bylaw requirements, except for the following variances: i. increase the building height from 11.25m to 11.75m ii. reduce the width of a manoeuvring aisle from 7.6m to 6.0m iii. siting of an accessory structure (arched trellis) in the flanking yard. b. The applicant confirming the proposed fence and retaining wall heights on the plans, in accordance with the Zoning Bylaw.

ALTERNATIVE OPTION:

THAT the Committee recommend that Council decline Development Permit with Variances Application No. 2024-03 for 294, 296 Eltham Road and 242 Helmcken Road.

Should the Committee support this alternative option, the best practice is for the Committee to provide detailed reasons why it was considered that the application does not comply with the Mixed Residential Development Permit Area design guidelines or why a variance is not supported.

PURPOSE:

The purpose of this report is to present Development Permit with Variances Application No. 2024-03 for the properties located at 294, 296 Eltham Road and 242 Helmcken Road to construct five blocks of three storey townhouses containing a total of 20 dwelling units. Variances are requested for building height, width of a manoeuvring aisle, and the siting of an accessory structure.

BACKGROUND:

The site is comprised of three detached residential properties. The site was rezoned from C-1: Local Commercial to CD-29: Comprehensive Development (Eltham Road Townhouse) zone on October 1, 2024 to permit a townhouse development.

Description of Proposal:

The architectural plans can be found in Attachment 3 and site elevations are shown in Figures 1, 2 and 4. The development concept can be summarized as follows:

• modern-architectural design features consisting of a flat roofline and contemporary-style windows and entryways
• exterior materials include fiber cement panels, fibre cement wood-style lap siding, and metal front doors
• unit amenities would include rooftop terraces and ground level garages
• site amenities would include a children’s play structure
• street facing units would have individual entrances and front yards
• three visitor spaces would be provided, exceeding the new Zoning Bylaw requirement of two visitor spaces for a twenty-unit residential complex
• parking would be located off a central driveway from Eltham Road
• substantial soft landscaping and a total of 16 new trees would be planted on site
• an outdoor bicycle rack would be provided onsite.

**Figure 1. West elevation (facing Helmcken Road)**

**Figure 2. Partial west elevation (facing Eltham Road)**

ANALYSIS:

Development Permit Area Guidelines

The proposal addresses the key guidelines of the Mixed Residential Development Area guidelines (Attachment 8) as follows:

• the façades, windows, rooflines and balconies would provide articulation and variations to the building form to avoid blank walls facing the street (see Figure 3)
• materials would be durable and of high quality, reflecting a “West Coast” design character, bringing in elements of wood and a natural colour palette
• street facing units have entrances and small yards facing the road to enhance the streetscape and provide opportunities for interaction with the neighbourhood.
• residential entrances would have weather protection, be visible from the street, and have individual colour accents
• direct access to private outdoor space at ground level and on rooftop terraces would be provided for all units.

Prior to Council’s consideration of the application, additional details to be provided include information on fences and retaining wall heights, confirming lighting will be dark skies friendly, and confirmation that landscape plant selection, installation, maintenance and irrigation will meet the BC Landscape Standard published by the BC Society of Landscape Architects. The information on fences and retaining walls is necessary to be provided prior to public notification of this application to confirm if a height variance request may need to be made.

**Figure 3. Eltham Street rendering**

Zoning Bylaw Compliance and Requested Variances

The applicant is requesting variances for building height, manoeuvring aisle width and siting of an accessory structure. Additional information on fence and retaining wall heights is required prior to notification of a Council meeting to consider the application.

1. Building Height

The applicant is requesting to increase the maximum building height from 11.25 m to 11.78 m. This request is due to a technical error in measuring building heights from finished grade instead of natural grade when establishing the building height regulation in the new CD-29: Comprehensive Development (Eltham Road Townhouse) zone. The variance would accommodate Buildings 2, 3 and 4 as shown in Figure 4.

**Figure 4. Building with requested height variances**

The requested height variance is supportable for the following reasons:

• the geodetic building heights are the same as the development concept presented at the time of rezoning.
• there are substantial building separation distances between buildings with requested height variances and dwellings on abutting properties as shown in Figure 4.
• the variance would permit the site to have a consistent level slope so that proposed buildings close to Ashley Gate townhouses on the abutting property can be sunk into the slope for a lower profile as shown in Figure 5.

**Figure 5. North elevation (facing 240 Helmcken Road)**

2. Manoeuvring Aisle width

A variance is requested to reduce the minimum manoeuvring aisle width from 7.6m to 6.0m for parking located at a 90-degree angle.

The applicant has provided a plan showing the turning radius for a standard car as shown in Figure 6. A larger pickup truck is likely to require a three-point turn; however, the variance can be supported for the following reasons:

1. the width between garage doors would be 7.6m or greater because of driveway aprons in front of every garage door that would provide additional manoeuvring space over the 6.0m central driveway width.
2. the amount of driveway surface area would be minimized.
3. the manoeuvring aisle meets Fire Department standards for emergency vehicle access (refer to Plan 100 in Attachment 3).

**Figure 6. Turning radii in manoeuvring aisle**

3. Siting of an accessory structure

A variance is requested to permit the siting of an accessory structure in the flanking yard. The structure would be an arched trellis marking a pedestrian entrance to the site as shown in Figure 2. This variance is supportable because it would add interest to the streetscape and help create a sense of place. The structure would not create privacy impacts on adjacent parcels.

Tree Impacts

An arborist report (Attachment 7) has been provided that notes the following:

• there are eight bylaw-protected trees on the site plus 23 hedge cedars (not bylaw-protected) that would be removed to accommodate the development.
• along the Helmcken Road and Eltham Road boulevard, there are three Armstrong Red maples, one liquidambar, three English hawthorns (an invasive species) and two flowering plums. Six of the nine trees would be removed to accommodate the proposed development and would be replaced in accordance with municipal standards with trees that would be more appropriate for the location. Three maples along the Helmcken Road frontage are in good condition and would be retained.

While onsite tree removal is necessary to make the site more level and to lower the buildings at the east of the site where there are more buildings on adjacent properties, the landscape plan indicates approximately 16 trees will be planted on site, which would be twelve trees short of the replacement tree schedule. Cash in lieu in accordance with the tree protection bylaw will be required for the replacement tree deficit.

A tree permit will be required as a condition of building permit. Any shared trees or neighbouring trees affected by the development will require owner authorization to proceed as a condition of tree permitting.

Servicing

Storm water would be managed underground to maximize residential use of the site and because there is a statutory right of way along the north property boundary. Solid waste and recycling will be collected on site.

Impacts and implications can be summarized as follows:

ALIGNMENT:

The recommended option aligns with the Town’s following core guiding documents as follows:

PUBLIC PARTICIPATION GOAL:

The desired level of public participation for the recommended option is:

[x] Inform
[ ] Consult
[ ] Involve
[ ] Collaborate
[ ] Empower
[ ] N/A

TIME CRITICAL:

The proposal has no time implications for the Town.

ATTACHMENTS:

1. Location Map
2. Letter to Mayor and Council – July 11, 2024
3. Architectural Plans – Ankenman Marchand Architects, February 28, 2025
4. Landscape Plan - Lombard North Group, March 4, 2025
5. Arborist Report –, July 11, 2024
6. Civil Plans - August 1, 2024
7. Sustainability Checklist - July 12, 2024
8. Development Permit Area Guidelines Review
9. Zoning review