OCP Amendment NCP Amendment Rezoning Development Permit Development Variance Permit

Transcription

1 City of Surrey PLANNING & DEVELOPMENT REPORT File: OCP Amendment NCP Amendment Rezoning Development Permit Development Variance Permit Proposal: Recommendation: Amend OCP from Suburban to Urban and Multiple Residential. NCP Amendment to include north-east portion of site. Rezone from RA to RM-30 and RF-9. DP to allow construction of approximately 97 townhouse units. DVP to vary setback; location of outdoor amenity space; and parking requirements. Approval to Proceed Location: Ave Zoning: RA OCP Designation: Suburban NCP Designation: High Density; Med- High Density; Comm/ Res; Spec. Res. Open Space/Park Owner: Mosaic Clayton West Holdings Ltd.

2 PROJECT TIMELINE Original Application Submission Date: May 26, 2005 Application Revision & Re-submission Date: September 6, 2005 Planning Report Date: November 7, 2005 The applicant is proposing: an OCP amendment from Suburban to Urban and Multiple Residential; an NCP amendment to extend the NCP northerly boundary and designate the north-east portion of the site separated by the gas right-of-way to upa High Density and redesignate the easterly most edge from Park/Open Space to upa High Density; a rezoning from RA to RM-30 and RF-9; a Development Permit; and a Development Variance Permit to vary the following provisions of the Zoning By-law: under the RM-30 Zone, minimum building setbacks along the front yard fronting 72A Avenue are reduced

3 from 7.5 metres (25 ft.) to 2.0 metres (6.5 ft.); under the RM-30 Zone, minimum building setbacks along the east side yard are reduced from 7.5 metres (25 ft.) to 4.5 metres (15 ft.) to the building face; and to 3.0 metres (10 ft.) to the balcony; under the RM-30 Zone, minimum building setbacks along the west side yard are reduced from 7.5 metres (25 ft.) to 4.5 metres (15 ft.); under the RM-30 Zone, the outdoor amenity space is permitted within the required setbacks; under Part 5 Parking and Loading/Unloading, the minimum length of the second parking space in the driveway is reduced from 6 metres (20 ft.) to a minimum of 4.8 metres (16 ft.) for a maximum of 13 spaces; and under Part 5 Parking and Loading/Unloading, the number of visitor parking spaces is reduced from 19 spaces to 15 spaces in order to permit the development of 97 townhouse units and subdivision to create a temporary RF-9 lot and RA lot for future development. The Planning & Development Department recommends that: 1. a By-law be introduced to redesignate portions of the property from Suburban to Urban and Multiple Residential and a date for Public Hearing be set (Appendix III). 2. Council determine the opportunities for consultation with persons, organizations and authorities that are considered to be affected by the proposed amendment to the Official Community Plan, as described in the Report, to be appropriate to meet the requirement of Section 879 of the Local Government Act. 3. a By-law be introduced to rezone Block A on the Survey Plan from "One-Acre Residential Zone (RA)" (Bylaw No ) to "Multiple Residential 30 Zone (RM-30)" (By-law No ) and Block B on the Survey Plan from "One-Acre Residential Zone (RA)" (By-law No ) to "Single Family Residential (9) Zone (RF 9)" (By-law No ) and a date be set for Public Hearing (Appendix I). 4. Council approve the applicant's request to reduce the amount of required indoor amenity space from 291 square metres (3,132 sq.ft.) to 93 square metres (1,001 sq. ft.). 5. Council authorize staff to draft Development Permit No in accordance with the attached drawings (Appendix IV). 6. Council approve Development Variance Permit No (Appendix V), varying the following, to proceed to Public Notification: (a) (b) to reduce the minimum front yard setback of the RM-30 Zone from 7.5 metres (25 ft.) to 2.0 metres (6.5 ft.); to reduce the minimum east side yard setback of the RM-30 Zone from 7.5 metres (25 ft.) 4.5 metres (15 ft.) to the building face; and to 3.0 metres (10 ft.) to the balcony; (c) to reduce the minimum west side yard setback of the RM-30 Zone from 7.5 metres (25 ft.) to 4.5 metres; (d) (e) to vary the RM-30 Zone to allow the outdoor amenity space within the required setback; to vary the Zoning By-law to reduce the length of the second parking space in the driveway from a minimum of 6.0 metres (20 ft.) to a minimum of 4.8 metres (16 ft.) for a maximum of 13 spaces; and

4 (f) to vary the Zoning By-law to reduce the number of visitor parking spaces from 19 spaces to 15 spaces. 7. Council instruct staff to resolve the following issues prior to final adoption: (a) (b) (c) (d) ensure that all engineering requirements and issues including restrictive covenants, and rights-of-way where necessary, are addressed to the satisfaction of the General Manager, Engineering; submission of a subdivision layout to the satisfaction of the Approving Officer; submission of a finalized tree survey and a statement regarding tree preservation to the satisfaction of the City Landscape Architect; submission of revised landscaping and a landscaping cost estimate to the specifications and satisfaction of the City Landscape Architect; (e) registration of a right-of-way agreement granting public rights-of-passage over the 10 metre (33 ft.) wide north-south pedestrian corridor and the designated walkway along the Terasen Gas right-of-way; (f) (g) (h) (i) registration of a Section 219 Restrictive Covenant to specifically identify the allowable tandem parking arrangement and to prohibit the conversion of the tandem parking spaces into livable space; registration of a Section 219 Restrictive Covenant for "no build" on the proposed RF-9 lot until future consolidation with the adjacent properties (Lot 1 EP at Avenue); registration of a separate Section 219 Restrictive Covenant for "No Build" on the remainder RA lot until future consolidation and development with the adjacent properties; and the applicant adequately address the impact of reduced indoor amenity space. 8. Council pass a resolution to amend the East Clayton NCP Extension - North of 72 Avenue to designate the north-east portion of the site to High Density (22-45 upa) and redesignate the most easterly edge from Park/Open Space to upa High Density. REFERRALS Engineering: Parks: School District: The Engineering Department has no objection to the project subject to the completion of Engineering servicing requirements as identified in the attached (Appendix VI). The applicants should provide the required park amenity contributions in accordance with the approved NCP. A right-ofpublic passage over the designated walkway is preferred (Appendix VII). School Impacts: Projected number of students from this development: Elementary students = Secondary students = Total new students = 14 students 7 students 21 students

5 School Catchment Area/Current Enrollment/School Capacity: Clayton/East Clayton Elementary School = 256 enrolled/240 capacity Clayton Heights Secondary School = 1,127 enrolled/1,000 capacity Projected number of students from development approvals in the last 12 months (not including subject project) in the subject school catchment areas: Elementary students = Secondary students = Total new students = 182 students 225 students 407 students Approved Capacity Projects and Future Space Considerations Two new school sites have been purchased in anticipation of growing enrollment with a new elementary school being planned to open by school year. An approval to purchase a new secondary school site is in place with construction approved in (Appendix VIII). SITE CHARACTERISTICS Existing Land Use Single family residential. Significant Site Attributes A Terasen Gas right-of-way traverses the north-east corner of the site. East: Acreage parcels with existing homes, zoned RA, designated Suburban in the OCP and Public Open Space; upa Medium-High Density; and upa Special Residential in East Clayton Extension - North of 72 Avenue South: Directly south are 3 one-acre lots with existing homes, zoned RA, designated Suburban in the OCP and upa Medium High Density, upa Special Residential and Commercial/Residential in the NCP. Across 72 Avenue are newly-created small lots zoned RF-9C, designated Urban in the OCP. West: Acreage parcels zoned RA, designated Suburban and upa High Density in the NCP. North: Across the Terasen Gas right-of-way are acreage parcels with existing homes and are outside of the approved NCP area, zoned RA, designated Suburban. PLAN AND POLICY COMPLIANCE OCP Designation: NCP Designation: Needs amendment to Urban and Multiple Residential. Generally complies: The NCP boundary needs amendment to

6 include the north-east portion of the site into the NCP boundaries and designation to upa High Density to be consistent with the existing designation on the larger portion of the site. The most easterly edge also requires minor amendment from Parks/Open Space to upa High Density. JUSTIFICATION FOR PLAN AMENDMENT Proposed OCP Amendment The approximately 3.4-hectare (8.4-acre) site is designated Suburban in the Official Community Plan (OCP). Except for the northeast corner separated by the Terasen Gas Right-of-Way, the site is located within the East Clayton NCP North Extension area. The northern most boundary of the right-of-way is the servicing boundary for the area; lands north of this particular boundary are outside of the sanitary sewer catchment area and stormwater drainage basin serving the East Clayton North Extension area. Council, on July 28, 2004, approved Stage 1 (Corporate Report No. C009), which deals with land use designations and road network in the East Clayton NCP North Extension area. On June 20, 2005, Council approved the corresponding Stage 2 Report (Corporate Report No. C011). Appendix IX indicates the location of the subject site within the context of the East Clayton NCP North Extension area and the corresponding designations of specific portions. The allowable density on each of the land use designations exceeds the maximum density of 2 units per acre that is permitted in the current Suburban designation. Currently, the land use designations that are reflected in the East Clayton NCP North Extension area require corresponding OCP designation amendments from Suburban to Urban and Multiple Residential in those areas that are designated High Density Residential. The approved Stage 2 Report (Corporate Report No. C011) directed staff to bring forward specific OCP amendments on a site-by-site basis concurrently with site specific rezoning applications. The proposed OCP amendment from Suburban to Urban is consistent with the NCP designations and is appropriate. Proposed NCP Amendment As indicated above, a portion of the Terasen Gas right-of-way, with an area of approximately 3,336 sq. m. (35,909 sq. ft.), traverses the subject site, creating an isolated piece at its northeast corner. As well, between 188 and 191 Streets, the East Clayton North Extension Neighbourhood Concept Plan (NCP) area is demarcated by the northerly edge of the gas right-of-way. Coupled with the impact of the right-of-way, the NCP boundary has rendered the northeast corner of the subject site undevelopable. The proposed NCP amendment involves the extension of the NCP boundary farther to the north to coincide with the north property line of the subject site, with a land use designation consistent with the existing High Density designation as indicated in the NCP (Appendix IX). In the absence of any road fronting this portion of the site and due to its triangular configuration, no residential development is being contemplated on this portion of the site. Instead, the applicants are proposing to set aside this portion for an outdoor amenity space in conjunction with the townhouse development which is proposed on the larger portion of the subject site, south of the gas right-of-way. (See description of proposed amenities on Page 13).

7 A further minor amendment is being requested involving the north-south strip along the east property line, which has been inadvertently shown as Public Open Space/Park in the NCP. This portion of the subject site is intended to have the same designation (22-45 upa High Density) in the NCP. The Public Open Space/Park designation is limited within the northerly portions of the adjacent lands to the east. Staff consider the proposed amendments as a minor fine-tuning of the approved NCP. Therefore, staff can support the proposed NCP amendments. DEVELOPMENT CONSIDERATIONS The subject site has an irregular configuration with 2 "legs" separated by three, one-acre parcels fronting 72 Avenue (not part of the application) and comprising a lot area of 3.55 hectares (8.7 acres, see Survey Plan in Appendix I). The site, except for its northeast corner, has the following designations in the NCP (also see Appendix IX): Portions of Subject Site Portion of Block A in the Survey Plan: The north portion of the property including the gas right-of-way Block B in the Survey Plan: Existing Designation upa High Density and Open Space Corridors Area 2 ha. (5.0 acres) Commercial/Residential 893 m 2 (9,612 ft 2 ) The westerly "leg" currently connecting the site to 72 Avenue Block C in the Survey Plan: The easterly "leg", also connecting the site to 72 Avenue upa Medium-High Density and upa Special Residential. 5,070 m 2 (1.25 acres) The proposed rezoning from RA to RM-30 is consistent with the NCP land use designation as discussed below. Rezoning from RA to RM-30 (Block A) Together with the gas right-of-way and the northeast portion that is being considered for inclusion in the NCP as discussed above, Block A as shown in the Survey Plan is proposed to be rezoned from RA to RM-30 in order to allow the construction of approximately 97 townhouse units. The construction of the proposed townhouse units will be limited to the portion of Block A south of the gas right-of-way. While that portion of Block A lands encumbered by the gas right-of-way is a subject of OCP amendment and rezoning and will be part of proposed Lot 1 (see Appendix X), the gas-right-of-way, considered undevelopable area in the Zoning By-law, is not included in the calculation of density. Excluding the gas right-of-way and road dedication areas, the net developable site area of the proposed RM-30 lot is approximately 1.63 hectares (4.03 acres). The proposal to construct 97 townhouse units results in a density of 24 units per acre, which conforms to the upa High Density designation in the NCP. The 97-unit development proposes a floor area ratio (FAR) of 0.71 based on a floor space of approximately 11,662 sq. m. (125,533 sq. ft.). Therefore, the proposal conforms to the density provision of the RM-30 Zone which allows a maximum FAR of The table below provides a comparison between the proposal and the provisions of the RM-30 Zone.

8 Permitted Under Current Proposal RM-30 Zone Net Site Area 1.63 ha. (4.03 acres) Number of Units Total Floor Area 14,680 sq. m. (158,019 sq. ft.) 11,662 sq. m. (125,533 sq. ft.) Floor Area Ratio Unit Density 30 units per acre 24 units per acre Lot Coverage 45% 39.7% Building Height 13 metres (43 ft.) 10.7 metres (35 ft.) However, the applicants are requesting to vary the setback, the location of outdoor amenity space and parking requirements of the RM-30 Zone (see section on By-law Variances and Justification). Rezoning from RA to RF-9 (Block B) The westerly "leg" of the subject site shown as Block B on the Survey Plan (Appendix I) has an area of approximately 893 sq. m. (9,612 sq. ft.) and is designated Commercial/Residential. However, this portion of the site can only be developed together with the adjacent and similarly designated lands fronting 72 Avenue to the east and west. Due to its ultimate lot size of less than an acre and its lot width of 10 metres (33 ft.), this portion of the site does not comply with the subdivision requirements of the RA Zone (minimum lot area of one acre and minimum lot width of 50 metres or 164 ft.). Therefore, it cannot be created as a stand alone lot. As well, to allow this portion to remain as part of the proposed townhouse site will create potential difficulties in disposing this portion for future development in the future given multiple ownerships that will result once the townhouse site is stratified. As an alternative, the applicants are proposing to rezone the westerly "leg" from RA to RF-9 in order to allow subdivision into a small, temporary RF-9 lot (proposed Lot 2 in the subdivision layout, Appendix X). As a temporary solution, a "No Build" Section 219 Restrictive Covenant will be registered on the proposed lot until such time that it can be developed based on the NCP designations in conjunction with the adjacent parcels fronting 72 Avenue. Therefore, any concern regarding the lack of a lane as an alternate access (a requirement under the RF-9 Zone) will be addressed by the "No Build" Covenant. The registration of the Covenant is a condition of Final Adoption. The Easterly "Leg" to Remain Under the RA Zone The easterly "leg" of the subject site shown as Block C on the Survey Plan (Appendix I) has an area of more than an acre and is split designated upa Special Residential and upa Medium-High Density in the NCP. Based on the NCP, the easterly "leg" is to be separated from the future townhouse site by 72A Avenue. As such, its development can only be pursued in conjunction with the adjacent parcels, also fronting 72 Avenue. The applicants are proposing to subdivide the easterly "leg" and create it as a separate RA zoned lot (proposed Lot 3 in the subdivision layout, Appendix X). The proposed layout indicates that proposed Lot 3 conforms to the minimum 50-metre (164 ft.) lot width, the minimum 60 metre (196-ft.) lot depth; and the minimum 4,047-sq. m. (one acre) lot area requirements of the RA Zone. The proposed subdivision is being pursued in advance of development so that it can be sold in the future without

9 the involvement of multiple owners, which will likely occur if it were to remain as part of the proposed townhouse site. To ensure that the future one-acre lot is developed in accordance with the NCP and in conjunction with the adjacent parcels, the applicants are required to register a "No Build" Restrictive Covenant on its title. The registration of the Covenant is a condition of Final Adoption. Temporary Use for Proposed Lot 3 The NCP indicates that the future 189 Street (between 72 Avenue and 72A Avenue) will provide direct connection between the subject site and 72 Avenue. However, it will not be built at this time. As per the NCP, the proposed road will be constructed on an adjacent parcel, which does not form part of this application. In the interim, the applicants are proposing to install a driveway on proposed Lot 3. The proposed driveway will provide vehicular access to the proposed townhouse site from 72 Avenue, with the provision that the driveway will be removed as soon as 189 Street is built to connect the future 72A Avenue, and ultimately the future townhouse site with 72 Avenue. The required "No Build" Covenant will stipulate the interim function (driveway) and the requirement to remove the driveway once 189 Street is built. The Fire Department noted the following requirements related to the construction of a temporary driveway on proposed Lot 3, which the applicants have agreed to comply with: o o o Driveway pavement must be of hard surface and not gravel; The driveway must be at least 6.0 metres (20 ft.) wide with No Parking signage on both sides; and An illuminated sign posting civic addresses and direction be installed at the 72 Avenue temporary entrance. PRE-NOTIFICATION AND PUBLIC INFORMATION MEETING Pre-Notification Pre-notification letters were sent on September 9, 2005 and staff received the following: A letter and a phone call from the owners of an adjacent lot ( Avenue) to the east, indicating concerns over the Public Open Space/Park designation and the location of future 190 Street on their 2.3-acre parcel as shown in the NCP. The owners suggested that the City purchase the portion of the property that is designated Park and failing that, to require the applicants to include their parcel in the subject development application. (The property at Avenue is split designated as follows: o o o Public Open Space/Park on the northerly portion; upa Medium-High Density at mid-point of the property; and upa Special Residential on its southerly portion fronting 72 Avenue. As indicated in the NCP, the entire width of 190 Street north of 72 Avenue will be built on the easterly portion of Avenue to align with 190 Street south of 72 Avenue. Staff advised the owners that in the absence of a development application on their property, it is premature for the City to acquire the Park-designated portion. Also, it is not practical for the current applicant to include the portion of Street south of the proposed 72A Avenue in the subject application given its location relative to the subject site. The southerly portion of their property should instead be developed with the similarly designated parcels fronting 72 Avenue.)

10 Staff did not receive any further comments from the neighbouring property owners. Public Information Meeting In view of the proposed northward extension of the NCP boundary to coincide with the north property line of the subject site and the proposed designation of the expansion area to upa High Density and its potential impact on the future road alignment north of the subject site, the applicants conducted a Public Information Meeting on October 11, 2005 from 7:00 to 9:00 pm at the Clayton Community Hall located at Avenue. Approximately 30 people were in attendance and had the opportunity to view the coloured boards showing the area covered by the proposed NCP extension; the proposed land use (outdoor amenity space with a community garden) on the extension area and the overall development proposal. Four questionnaires were completed at the meeting, three of which indicate support to the proposed NCP amendment. The general concern expressed by those who attended the meeting, including the property owner who did not indicate support to the proposed NCP amendment, was centered on the lack of services and infrastructure that would support development of the lands outside the NCP boundaries. PUBLIC CONSULTATION PROCESS FOR OCP AMENDMENT Pursuant to Section 879 of the Local Government Act, public consultation took place as part of the preparation of the East Clayton-North Extension NCP. Given that the proposal is generally in compliance with the NCP, no further consultation was necessary with any persons, organizations or authorities with respect to the proposed OCP amendment, other than those contacted as part of the pre-notification process. DESIGN PROPOSAL AND REVIEW The proposed townhouse project consists of 97, 2-bedroom units in 16 buildings, with an average floor area of 120 sq. m. (1,294 sq. ft.) per dwelling unit. The proposal indicates 3-storey buildings with garages at grade. The proposed kitchen, dining and living rooms are located on the second floor, with the proposed bedrooms on the third floor area. The proposed building materials include asphalt shingles (in charcoal grey) for roofing. Cladding materials will be mainly vinyl siding (linen white), accented with bricks (red). Unit entries will be made of wood porticos. A combination of small dormers and gables with window boxes, wood dentils, and wood crown mouldings are proposed to break the massing and create an attractive development. The main vehicular entry to the site will be off the new 72A Avenue, which will be connected to 72 Avenue by a temporary driveway (as discussed earlier). A secondary access to 72A Avenue is proposed at the westerly edge of the subject site. Both driveway access points will be defined by special paving (red Holland pavers in basket weave pattern). A total of 194 parking spaces will be available for residents based on 2 spaces per unit as per the Zoning By-law and will be provided as follows: in a tandem parking arrangement (for 57 units) where both spaces are to be located within the garage; and for 40 units, one parking space to be located inside the garage, with the 2 nd space on the driveway.

11 To ensure that tandem parking spaces will not be converted into livable spaces, the applicants are required to register a Section 219 Restrictive Covenant as a condition of Final Adoption. Based on the Zoning By-law requirement for visitor parking of 0.2 parking space per unit, a total of 19 parking spaces are required for visitors. However, the applicants are proposing to provide a total of 15 parking spaces for visitors, 4 spaces short of by-law requirements. The applicants are also proposing to reduce the depth of some of the second parking spaces outside the garage in the driveway from 6 metres (20 ft.) to 4.8 metres (16 ft.) to accommodate small cars. The parking shortfall, as well as the reduced depth of some parking spaces, being proposed to accommodate small cars (13 spaces) are discussed under By-law Variances and Justification section of this Report. A combination of a 0.9-metre (3-ft.) high rail fence (in black colour) and landscaping consisting of 2.5-metre (8-ft.) tall deciduous and coniferous trees such as pink dogwoods, Japanese Maple, Japanese Snowbell, and Austrian Black Pine will be installed along the south property line fronting 72A Avenue. A double row of street trees will further complement the proposed landscaping. Landscaping consisting of trees (Katsura, Maple and Beech), flowering shrubs such as rhododendrons, azaleas and roses, and ground covers will be provided along the drive aisles and between units. The existing gas right-of-way on the subject site forms part of a network of open space that has been designated for public use in the NCP. The applicants have agreed to grant a right-of-way for public passage on this portion of the site. As well, a 10-metre (33-ft.) wide open space corridor will be installed across the site, connecting 72A Street and the gas right-of-way in accordance with the NCP. As with the gas right-of-way corridor, this open space corridor will be secured with public rights of passage, through a right-of-way document, which is a subject condition of rezoning. While the applicants are indicating a 3-metre (10-ft.) wide paved walkway within the designated 10-metre (33- ft.) wide corridor, the applicants have confirmed in writing that the width will be increased to 4 metres (13 ft.) to conform to the 4-metre (14-ft.) wide requirement as indicated in the NCP. A one-storey amenity building, with a floor area of 93 sq. m. (1,000 sq. ft.) is proposed and will be located close to the main entrance. The proposed amenity building will accommodate a multi-purpose hall, the mail room and washroom facilities. The RM-30 Zone requires that indoor amenity spaces be provided at 3.0 sq. m. (10 sq. ft.) per dwelling unit or a total of 291 sq. m. (3,132 sq. ft.) based on 97 units being proposed. Therefore, the proposed indoor amenity space (93 sq. m. or 1,000 sq. ft.) falls short of the required floor area and only represents an amount required for 31 units. Following Council's policy, the applicants have confirmed in writing that a cash-in-lieu contribution of $750 per unit (based on 66 units) will be made to address the reduced amount of indoor amenity space prior to Final Adoption. The proposed outdoor amenity spaces consist of the proposed 10-metre (33-ft.) wide open space corridor and the area at the northeast corner of the subject site, i.e., north of the gas right-of-way with a combined area of 4,524 sq. m. (more than an acre), significantly exceeding the 291-sq. m. (3,132-sq. ft.) requirement of the RM-30 Zone. While the open space corridor will accommodate public rights of passage, access to the outdoor amenity space at the northeast corner will be limited to the future townhouse residents. This particular outdoor amenity space will accommodate a play area, with outdoor furniture and a community garden and will be connected to the larger site and the outdoor amenity building by a pedestrian walkway.

12 ADVISORY DESIGN PANEL This application was not referred to the ADP but was reviewed by staff. Except for the need to resolve some landscaping issues as noted below, which the applicants have agreed to resolve prior to Final Adoption, staff noted that the design issues that were identified earlier have been addressed: Upsize proposed trees to break up streetscapes; Increase the width of the proposed pathway within the proposed greenway from 3 metres (10 ft.) to 4 metres (13 ft.); and Provide details on pergola elements. BY-LAW VARIANCES AND JUSTIFICATION (a) Requested Variance: To vary the front yard setback (along 72A Avenue) of the RM-30 Zone from 7.5 metres (25 ft.) to 2.0 metres (6.5 ft.). Applicant's Reasons: The subject site is significantly impacted by an 18-metre (60-ft) wide right-of-way in favour of Terasen Gas, which has reduced the developable area. Buildings fronting 72A Avenue indicate well-articulated entrances and porches. While the additional architectural details will bring the buildings closer to the property line, these architectural articulations will, together with the proposed landscaping and 0.9-metre (3-ft.) high decorative fence, improve the streetscape. Staff Comments: Staff are in agreement with the applicant's rationale and therefore, support the proposed variance. (b) Proposed Variance: To vary the east side yard setback of the RM-30 Zone from 7.5 metres (25 ft.) to 4.5 metres (15 ft.) to the building face; and to 3.0 metres (10 ft.) to the balcony. Applicant's Reasons: In addition to the 10-metre (33-ft.) wide open space corridor being set aside, an additional 10-metre (33-ft.) wide corridor linking the amenity building with the proposed outdoor amenity space/community garden north of the gas right-of-way is being provided to establish a link between the two amenities. This has compromised the required building setback. Each unit has a balcony at its rear, facing the future park to the east. Trees of different varieties will be installed along the east property line to address potential interfacing issues. Staff Comments:

13 The reduced setback is a result of providing significant amounts of open space that will benefit both the community at large and the future residents in particular. The lands directly to the east are designated Public Open Space in the NCP and a reduced setback is not expected to create any impact. Therefore, staff can support the requested variance. (c) Proposed Variance: To vary the west side yard setback of the RM-30 Zone from 7.5 metres (25 ft.) to 4.5 metres (15 ft.). Applicant's Reasons: The requirement to provide a 10-metre (33-ft.) wide open space corridor across the site has reduced the developable area. Conforming to the 7.5-metre (25-ft.) setback will compromise the internal circulation and consequently, the number of units that can be built on the subject site. A row of flowering deciduous and coniferous trees will be installed along the west property line to mitigate the impact of reduced setbacks. Staff Comments: The RM-30 Zone requires building setbacks of 7.5 metres (25 ft.) from all property lines. The provision of the open space corridor has indeed reduced the site area. The proposed installation of landscaping along the west property line will address the interfacing issue with future residential development to the west. Staff are in support of the requested variance. (d) Proposed Variance: To allow the outdoor amenity space within the required setbacks. Applicant's Reasons: Due to its inherent constraints (small, irregular shape and separated by a major utility), the northeast portion of the site cannot be built on. Allowing it to remain vacant will most likely create an eyesore in the long run, which is not an attractive interface with the proposed greenway (the gas right-of-way). On the other hand, if established as an outdoor amenity space, future residents will take ownership of this facility, guaranteeing that this portion of the site will be maintained and will remain an attractive feature adjacent to the greenway. Staff Comments: The RM-30 Zone requires outdoor amenity space in the amount of 3 sq. m. (32 sq. ft.) per dwelling unit and such shall not be located within the required setbacks. The RM-30 Zone requires a 7.5-metre (25-ft.) setback from all property lines. The northeast portion of the site, while separated by the gas right-of-way and approximately 20 metres (64 ft.) away from the nearest

14 building, represents the required rear yard setback. Therefore, locating the outdoor amenity space in this portion of the site is not in keeping with the By-law. However, this portion of the site is separated by the gas right-of-way, creating a marginal piece, which if not developed and looked after by the future residents, will turn into an eyesore. Therefore, staff agree with the applicant's rationale and support the proposed variance. (e) Proposed Variance: To vary the minimum length of the second parking space in the driveway from 6 metres (20 ft.) to a minimum of 4.8 metres (16 ft.). for a maximum of 13 spaces. Applicant's Reasons: The developable area is significantly reduced due to the gas right-of-way and the open space corridors being provided. Increasing the length to 6 metres (20 ft.) for the 13 spaces will affect the site plan significantly. The rest of the required parking spaces (181 spaces) will have dimensions in accordance with the parking requirements. To ensure that future owners are made aware, at marketing stage, the Disclosure Statement will specifically identify the parking spaces that have reduced length. Staff Comments: The proposed variance to the parking space length was not detected by staff until the latter stages of design review. Modifying the parking spaces to satisfy the Zoning By-law requirement will likely impact the unit yield. Staff support the reduced length on the second parking space provided that the reduction is limited to a maximum of 13 spaces. (f) Proposed Variance: To vary the number of visitor parking spaces from 19 to 15 spaces. Applicant's Reasons: The site fronts unto 72A Avenue, which will be built to its maximum standard. Parking on both sides of 72A Avenue will be permitted. At least 41 units on the subject site will be fronting 72A Avenue, affording visitors access to parking spaces that will be available on this road. Staff Comments: On-street parking on both sides of 72A Avenue will be available for future visitors and therefore, staff can support the proposed relaxation. INFORMATION ATTACHED TO THIS REPORT

15 The following information is attached to this Report: Appendix I. Lot Owners, Action Summary, Project Data Sheets and Survey Plan Appendix II. Contour Map Appendix III. OCP Amendment Map Appendix IV. Proposed Site Plan, Typical Floor Plans and Elevations and Landscape Plans Appendix V Development Variance Permit No Appendix VI. Engineering Summary Appendix VII. Parks Comments Appendix VIII. School District Comments Appendix IX. East Clayton NCP Extension - North of 72 Avenue and Proposed Amendments Appendix X. Proposed Subdivision Layout INFORMATION AVAILABLE ON FILE Detailed Engineering Comments dated November 1, Arborist Report prepared by Michael Mills dated May 16, Soil Contamination Review Questionnaire prepared by Cameron Thorn dated May 24, Murray Dinwoodie General Manager Planning and Development JDM/kms v:\wp-docs\planning\plncom05\ jdm.doc KMS 11/7/05 10:47 AM APPENDIX I Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: Cameron Thorn Address: Suite 500, 2609 Granville Street Vancouver, B.C. V6H 3H3 Tel: Property involved in the Application (a) Civic Address: Avenue (b) Civic Address: Avenue Owner: Mosaic Clayton West Holdings Ltd. PID: Lot 37 Section 21 Township 8 New Westminster District Plan 36912

16 3. (a) (b) Introduce a By-law to amend the Official Community Plan to redesignate portions of the property. Introduce a By-law to rezone portions of the property. (c) Proceed with Public Notification for Development Variance Permit No DEVELOPMENT DATA SHEET Proposed Zoning: RM-30 Required Development Data Minimum Required / Maximum Allowed Proposed LOT AREA (in square metres) Gross Total 27,492 m² Road Widening area 2,605m² Undevelopable area (Gas ROW) 3,336m² Residential Lands* 5,239.6m² Net Total 16,311.4m² LOT COVERAGE (in % of net lot area) Buildings & Structures 45% 39.7% Paved & Hard Surfaced Areas 26.6% Total Site Coverage 66.3% SETBACKS ( in metres) 7.5 m from all lot lines Varies from 2.0 metres to 6.0 metres Front Rear Side #1 (N,S,E, or W) Side #2 (N,S,E, or W) Side #3 (N, S, E or W) BUILDING HEIGHT (in metres/storeys) Principal Accessory m NUMBER OF RESIDENTIAL UNITS Bachelor One Bed Two Bedroom 97 Three Bedroom + Total FLOOR AREA: Residential 14,680m² 11,662 m² FLOOR AREA: Commercial n/a n/a Retail Office

17 Total FLOOR AREA: Industrial n/a n/a FLOOR AREA: Institutional n/a TOTAL BUILDING FLOOR AREA 14,680m² 11,662 m² * Proposed Lots 2 and 3 Development Data Sheet cont'd Required Development Data Minimum Required / Maximum Allowed Proposed DENSITY # of units/ha /# units/acre (gross) # of units/ha /# units/acre (net) 30 upa 24 upa FAR (gross) FAR (net) AMENITY SPACE (area in square metres) Indoor 291 m² 93 m² Outdoor 291 m² 4,524 m² PARKING (number of stalls) Commercial Industrial Residential Bachelor + 1 Bedroom Bed 3-Bed Residential Visitors Institutional Total Number of Parking Spaces Number of disabled stalls (2) (2) Number of small cars Tandem Parking Spaces: Number / % of 100% Total Number of Units Size of Tandem Parking Spaces width/length Needs variance on 13 spaces Heritage Site NO Tree Survey/Assessment Provided YES APPENDIX II CONTOUR MAP FOR SUBJECT SITE

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