The Corporation of Delta COUNCIL REPORT Regular Meeting. File No.: In-ground Basement Survey for Neighbourhood Zoning Areas

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1 F.10 The Corporation of Delta COUNCIL REPORT Regular Meeting To: Mayor and Council File.: P08-17 From: Community Planning & Development Department Date: May 14, 2012 In-ground Basement Survey for Neighbourhood Zoning Areas The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATIONS: A. THAT this report be received for information. B. THAT staff be directed to prepare the necessary bylaw amendments to clarify floor area exemptions for a single family dwelling or duplex in Neighbourhood Zoning Areas and other single family residential or duplex zones as required. PURPOSE: The purpose of this report is to present to Council the results of a recent survey of property owners in Neighbourhood Zoning Areas on the issue of exempting floor area for in-ground basements. BACKGROUND: Neighbourhood Zoning Areas: Between 2004 and 2007, several neighbourhoods in rth Delta underwent a process to obtain neighbourhood specific zoning to address the interests of property owners at that time. These areas are referred to as Neighbourhood Zoning Areas and their locations are shown in Attachment A. The Neighbourhood Zoning Areas were established through amendments to the Delta Zoning Bylaw. In all cases, the maximum allowable floor area was reduced and the minimum side setback was increased and, in one case, the maximum allowable height was also reduced.

2 Page 2 of 4 In-ground Basement Survey for Neighbourhood Zoning Areas P08-17 May 14, 2012 Table 1 below summarizes the current regulations for each Neighbourhood Zoning Area along with the year of adoption. Zone CD329 (110 Street) CD331 (95 Avenue) RS4A (93 Avenue) RS4A (Dawson Cres.) RS4A (11 0 Street) CD366 (109B Street) Table 1 Summary of Neighbourhood Zonmg Areas Reference Max. Floor Max. Height Min. Side Zone t applicable RS1 (roof ridge) Setback RS4 RS4 RS4 RS1 Area m Z (2,500 fe) m L (2,500 fe) m Z (2,500 ftz) m L (2,500 ftz) m Z (2,500 ftz) 260 m L (2,799 fe) 10.5m 2.13m (34 ft) (7 ft) 9.5m 2.13m (31 ft) (7 ft) 9.5 m 2.13 m (31 ft) (7 ft) 9.5 m 2.13 m (31 ft) (7 ft) 9.5 m 2.13 m (31 ft) (7 ft) 8.5m 2.13m (28 ft) (7 tt) Adoption Year In-ground Basements: On July 25, 2011, Council adopted amendments to "Delta Zoning Bylaw. 2750, 1977" to allow an in-ground basement to be exempt from the maximum allowable floor area for a single family house or duplex. In order for the floor area of an in-ground basement to not count towards the total floor area of a dwelling, the in-ground basement must have more than 50 percent of the exterior perimeter walls underground. At the same time, amendments to "Delta Zoning Bylaw. 2750, 1977" were also made to reduce the maximum allowable height of buildings in most single family and duplex zones from 10.5 m (34 ft) to 9.5 m (31 ft) to address concerns about building massing above the ground. Shortly after those bylaw amendments were adopted, inquiries were made if the floor area of in-ground basements would be exempt in the Neighbourhood Zoning Areas. Upon further review, it was determined that the Comprehensive Development zones (CD329, CD331 and CD366) had a maximum floor area that would not permit any exemptions. Furthermore, changes to the 'floor area' definition in the Zoning Bylaw had the unintended consequence of eliminating normal floor area exemptions for garage and accessory buildings in the CD zones. The wording of the RS4A zone was different than the CD zones but in researching the history of the RS4A zone it was clear that the lower floor area specified in this zone would apply and that exemptions for floor area to facilitate in-ground basements would not be consistent with the intent. This ambiguity about exempting the floor area of an in-ground basement in the Neighbourhood Zoning Areas was brought to Council's attention in a workshop on January 30, At that workshop, Council directed staff to consult with property owners of the Neighbourhood Zoning Areas and report back on the outcome of the consultation.

3 Page 3 of 4 In-ground Basement Survey for Neighbourhood Zoning Areas P08-17 May 14, 2012 DISCUSSION: Neighbourhood Consultation: A letter was mailed out to all 430 property owners in the Neighbourhood Zoning Areas on March 28, 2012 (Attachment B). Enclosed with the letter was a question that asked property owners if they support bylaw amendments for their neighbourhood that would exempt the floor area of a basement from the maximum allowable floor area for the property, provided that the basement is at least 50 percent in the ground. Property owners were given until April 20, 2012 to provide their response either by mail, fax, or . In total, 163 responses were received which calculates to a 38 percent response rate. This is considered a good response rate for a survey that was mailed. The majority of the respondents (69 percent) indicated that they do not support bylaw amendments that would exempt the floor area of an in-ground basement in their neighbourhood. Responses varied by Neighbourhood Zoning Area. A summary is provided in Table 2 below. Table 2' Results of Consultation. Neighbourhood Zoning Mailout Results Question Results Area Description # of # of Response Yes Properties Responses Rate 1 CD329 (110 Street) % 0 6 (0%) (100%) 2 CD331 (95 Avenue) % (40%) (60%) 3 RS4A (93 Avenue) % 6 31 (16%) (84%) 4 RS4A (Dawson Cres.) % 7 23 (24%) (77%) 5 RS4A (110 Street) % 7 7 (50%) (50%) 6 CD366 (109B Street) % (39%) (61%) Total % (31%) (69%) Next Steps: Based on the survey results, staff would not be preparing bylaw amendments to exempt the floor area of an in-ground basement for properties in a Neighbourhood Zoning Area. If a property owner wishes to have an in-ground basement exempt, they would be required to apply for a rezoning. This would provide the neighbourhood an opportunity to review and provide comments on the proposal which would be considered by Council through the normal rezoning processes, including a Public Hearing. Since July 2011, staff have processed numerous building permit applications for inground basements. Through this experience, a number of housekeeping amendments are recommended to clarify floor area exemptions and other aspects of in-ground

4 Page 4 of4 In-ground Basement Survey for Neighbourhood Zoning Areas P08-17 May 14, 2012 basements. The proposed amendments would aim to clarify floor area exemptions for both the Neighbourhood Zoning Areas and other areas that permit single family dwellings and duplexes. At the same time, staff will review all other floor area exemptions for single family dwellings and duplexes including exemptions for cathedral ceilings, stairways, garages and accessory buildings. Staff will also forward in-ground basement related policies for Council's review to address issues such as: Limiting multiple door entrances for in-ground basements; Limiting the area of sunken patios; and Clarifying how to calculate the perimeter wall area of an in-ground basement. Implications: Financial Implications - There are no financial implications to Delta. CONCLUSION: A survey of property owners in the Neighbourhood Zoning Areas was conducted to determine if there was support for bylaw amendments that would exempt the floor area of an in-ground basement that is more than 50 percent underground from the total floor space calculations. Overall, almost 70 percent of respondents did not support those types of bylaw amendments. Because of some ambiguity in the Zoning Bylaw on what type of floor area is exempted, it is recommended that staff be directed to prepare housekeeping amendments that would ensure that the maximum floor area is capped for all properties in the Neighbourhood Zoning Areas, and to review and clarify floor area exemptions for all other single family residential and duplex zones. Thom s Leathem Direct r of Community Planning & Development Department submission prepared by: John Hopkins, Planner JH/cd ATTACHMENTS: A. Neighbourhood Zoning Areas B. Copy of Letter with Question sent to Neighbourhood Zoning Area Residents G:\Current Developrnent\P FILES\P08\P08-1"! (Basement & Suite" Zoning Bylaw Text Amendrnen()\Council\Staff Report - Survey Results.clocxWedn8sday, May '10:48:57 AM

5 Attachment A Page 1 of 1 City Of Surrey Date 10.5 m 2.13m Sm 1.13m Sm 2.13 m m 2.13 m 2007 roof ridge 7m? Ves Ves Ves III III III ~ I IllfH --.--J~j=J8rliE~ dl~i' I:'~' liii;...,,, = _~DIIU_~ smo,,,,,,,,

6 Del~a Attachment B Page 1 of 4 Community Planning & Development File: P08-17 March 28, 2012 Dear Property Owner: Re: Request for Input Regarding Basements in rth Delta Neighbourhood Zoning Areas Between 2004 and 2007, several neighbourhoods in rth Delta underwent a process to obtain neighbourhood specific zoning to address the interests of property owners at that time. These areas are referred to as Neighbourhood Zoning Areas and are shown on the attached map along with the special zoning restrictions that were put in place for each of these areas through amendments to the Delta Zoning Bylaw. In 2011, Delta Council adopted amendments to the Delta Zoning Bylaw to allow an in-ground basement (i.e. at least 50 percent in the ground) to be exempt from the maximum allowable floor area for a single family house or duplex. In other words, the additional floor area attributed to an in-ground basement would not count toward the total floor area of a dwelling. At the same time, amendments to the Delta Zoning Bylaw were also made to reduce the maximum allowable height of buildings in most single family and duplex zones to address concerns about building massing above the ground. The above-noted bylaw amendments did not extend to Neighbourhood Zoning Areas such as yours. For further information on these bylaw amendments please see the following link: As a property owner in a Neighbourhood Zoning Area, the Community Planning and Development Department is seeking your input on whether you would like the same allowances regarding in-ground basements to be applied to your neighbourhood zone. Specifically, we would like to know if you would be in favour of allowing in-ground basements to be exempt from the maximum allowable floor area for a dwelling, provided the basement is at least 50 percent in the ground. All other regulations of the zones would stay the same including building height, site coverage and setbacks. e ' "- -.:~. ~ Please take a moment to complete the attached form noting your level of support for changes to your neighbourhood specific zoning with respect to in-ground basements. We ask that you return the completed form to the Community Planning and Development Department on or before April 20, The Corporation of Delta Clarence Taylor Crescent Delta, Be V4K 3E

7 Attachment B Page 2 of4 Community Planning & Development Subject: Request for Input Regarding Basements in rth Delta Neighbourhood Zoning Areas File : P08~17 Page 2 of 2 The results of this consultation will be presented to Delta Council in May 2012, at which time Council will determine whether or not to consider bylaw amendments for some or all of the Neighbourhood Zoning Areas. A follow up letter will be sent to you following Council's consideration of this item. Please note that any changes to the zoning would require a formal bylaw amendment process and would be subject to a further Council report, notification and a Public Hearing. Should you have any questions, please do not hesitate to contact me at or at jhopkins@corp.delta.bc.ca. Yours truly,, planner JH/cd cc: Mayor & Council George V. Harvie, Chief Administrative Officer Attachments G:\Current DE~veloprm:nt\P FILES\P08\P08-17 (Ba:.eIlH!r'lt & SU'Ite Zoning Byl<lw Text Arnendrnent)\Pllblic\GJsements letter,doc)(

8 City Of Surrey Attachment B Page 3 of 4 96 Ave Zone C0329 C Sm 2,13 m Sm 2,13 m 2005 Yes RS1 2,13m 2007 Yes ~~~c~n[.i.~.'/~c;/!.-'j., llij 2-[10 ~ ~~'~Rf~ lj,. -ii':l~l~." ~~~. I - [J['. F~ ]j" r~,j.'.! f",, ", f[r;j.'r I: " I....Li..-'-:'-::::::;::::::; U LJ. L,... ~..-.. II I ~~ th[li~~u" I,,... ' r:.. ""i,. LL~_.,_,... j,...,... 1 Vll~,. I,,i

9 Attachment B Page 4 of 4 Basements in Neighbourhood Zoning Areas of rth Delta Please complete and return this form or your response to the question below by April 20, 2012 Do you support bylaw amendments for your neighbourhood that would exempt the floor area of a basement from the maximum allowable floor area for the property, provided that the basement is at least 50% in the ground? DYes o o Undecided Your Name(s): (must be a registered property owner) Property Address:. Additional Comments:. Mail: Attn: John Hopkins Community Planning and Development Department The Corporation of Delta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 Fax: jhopkins@corp.delta.bc.ca (please provide your name and address with your response) Thank you for taking the time to provide your input. If you have any questions, please contact John Hopkins at The Corporation of Delta 4500 Clarence Taylor Crescent Delta, Be v 4K 3E2 (604)

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