COUNCIL REPORT - BYLAW NO. 1130 – REZONING OF 294 AND 296 ELTHAM ROAD AND 242 HELMCKEN ROAD

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council
DATE: February 1, 2024
FROM: Jeff Chow, Senior Planner
MEETING DATE: February 6, 2024

BYLAW NO. 1130 – REZONING OF 294 AND 296 ELTHAM ROAD AND 242 HELMCKEN ROAD

RECOMMENDATION:

THAT legal agreements be registered on the titles of 294 and 296 Eltham Road and 242 Helmcken Road prior to final reading of Zoning Bylaw No. 900, 2014, Amendment Bylaw No. Bylaw No. 1130, 2024 to secure the following items, prior to issuance of building permit:

1. A community amenity contribution of $4,000 per dwelling unit;
2. No individual sale of any of the three subject properties, in order to preserve the three subject properties as one development site;
3. Lot consolidation of the three subject properties; and
4. A 3m x 3m road dedication at the Eltham Road / Helmcken Road intersection.

PURPOSE:

1. To introduce Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1030, 2024 for first, second and third reading to rezone 294 & 296 Eltham Road and 242 Helmcken Road from C-1 (Community Commercial) to a new “CD-29: Comprehensive Development (Eltham Road Townhouse)” zone.
2. To require legal agreements to be registered on titles concurrent with fourth reading of the bylaw to secure amenity contributions, road dedication and land assembly, prior to issuance of a building permit.
3. To present additional information provided to staff since the December 12, 2023 Committee of the Whole meeting.

TIME CRITICAL:

There are no time considerations for the Town.

EXECUTIVE SUMMARY:

The proposed zoning amendment bylaw rezones the subject properties from C-1 (Community Commercial) to a new site-specific zone to permit a three-storey townhouse development. The proposal is consistent with the Mixed Residential land use designation in the Official Community Plan (OCP), which supports townhouse use up to three storeys and a density of 1.25:1 Floor Space Ratio. The application would provide attainable ground-oriented housing suitable for households with children located one block from View Royal Elementary School, on a Frequent Transit Network bus route, less than 300m from the E&N Rail Trail, and at the edge of the village centre at the Island Highway / Helmcken Road intersection. Legal agreements are proposed as a condition of rezoning to secure amenity contributions, road dedication and land assembly.

The applicant has provided a development concept for the site which illustrates the proposed site layout, vehicular and fire access, pedestrian connections, built form, private and semi-private outdoor space, etc. Further consideration of the site layout, building design, and landscaping to ensure the proposal complies with the applicable design guidelines, would occur at the development permit stage.

Per Council’s request, the applicant provided a Transportation Impact Assessment Addendum to analyze the impacts of the neighbouring commercial / multi-family residential development, currently under construction at the northeast corner of the Island Highway / Helmcken Road intersection. Engineering staff supports the findings of the addendum in that there are no changes above and beyond the original Traffic Impact Assessment that was provided at the December 12, 2023 Committee of the Whole meeting.

BACKGROUND:

The proposal was introduced at the December 12, 2023, Committee of the Whole meeting and details of the development can be found in the staff report in Attachment A. Additional information was requested on how the project would look from the abutting Ashley Gate townhouses at 288 Eltham Road and for further analysis on the need for left turn lanes at the Eltham Road / Helmcken Road intersection.

DISCUSSION:

This report provides the following additional information:

• Description of the proposed bylaw
• Proposed legal agreements
• Renderings of the proposed development
• Additional traffic impact assessment information

Proposed Bylaw

Zoning Bylaw No. 900, 2014, Amendment Bylaw No. Bylaw No. 1030, 2024 would rezone the subject properties from C-1 (Community Commercial) to a new “CD-29: Comprehensive Development (Eltham Road Townhouse)” zone to permit a three-storey townhouse development.

The new zone would also accommodate the development concept presented in the staff report at the December 12, 2023, Committee of the Whole meeting (Attachment A) with the exception of two corners of one building that are proposed to be sited less than 1.5m from the rear lot line. This proposed building siting would be examined further as a potential variance in the development permit process.

Legal Agreements

Legal agreements are proposed as condition of rezoning to secure the following items prior to building permit issuance:

1. Cash community amenity contributions of $4000 per unit, in accordance with the Town’s Amenity Contribution Policy. A total of $80,000 is anticipated.
2. No individual sale of any of the three subject properties in order to preserve the three subject properties as one development site. Currently two properties are owned by one party and the third property is owned by another.
3. Consolidation of the three subject properties into one lot prior to construction.
4. A small road dedication at the Eltham Road / Helmcken Road intersection. Eltham Road intersects Helmcken Road at an angle. The road dedication would provide more space for the sidewalk and boulevard at the intersection.

Renderings

Additional information was requested at the December 12, 2023, Committee of the Whole meeting to help provide a view analysis of the potential height, siting and massing of the proposed development from the abutting Ashley Gate townhouses at 288 Eltham Road. The proposed building siting and layout would be angled to minimize the amount of direct facing windows between the two sites. Further consideration of the site layout, building design, and landscaping to ensure the proposal complies with the applicable design guidelines, would occur at the development permit stage.

Transportation Impacts

An addendum to the Traffic Impact Assessment (TIA) is provided in Attachment C. Per Council’s request, this addendum provides an analysis of the combined traffic impact of this development and the “Royalle” (a commercial / residential mixed-use development currently under construction at 258 Helmcken Road). The results support the earlier conclusion that left turn lanes at the Eltham Road / Helmcken Road intersection are not warranted by the two developments. Furthermore, staff support the results in that no additional changes outside of the original December 1, 2023, Traffic Impact Assessment are required.

FINANCIAL IMPLICATIONS:

No significant financial implications are anticipated for the Town.

ALTERNATIVES:

n/a

CONCLUSION:

The proposed new zone is consistent with the Mixed Residential land use designation in the OCP and further advances several OCP policies related to family-oriented housing and home ownership opportunities.

Legal agreements will ensure the provision of community amenity contributions, preservation of the three properties as one development site, and road dedication to improve sidewalk and boulevard space at the Eltham Road / Helmcken Road intersection. Renderings to provide view analysis have been provided but it should be noted that the form and character of the development will be considered through the development permit process. The TIA addendum confirms that that left turn lanes at the Eltham Road / Helmcken Road intersection are not warranted by the two developments, and that no additional changes outside of the original TIA are required. Staff recommends that Bylaw No. 1130 receives first, second and third reading.