2. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. REPORT CONCURRENCE.

Transcription

1 COUNCIL REPORT Report No. PDS Executive Committee Date: June 14, 2018 File No: PRJ To: Mayor and Council From: Allan Campeau, Planner Subject: Land Use Contract Discharge application for the property located at Charlotte Avenue, to permit a secondary suite (Owners: S.S. Cheema, J.K. Cheema and S.K. Cheema RECOMMENDATION 1. THAT Bylaw No , Land Use Contract No. 200, Discharge Bylaw, 2018", be given first and second readings at the next Regular Meeting of Council, and be advanced to an upcoming Public Hearing; and 2. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. REPORT CONCURRENCE General Manager The General Manager concurs with the recommendation of this report. City Manager The City Manager concurs with the recommendation of this report. PURPOSE The applicant proposes to Discharge Land Use Contract No. 200 (District of Matsqui from the subject property to allow the underlying zoning of Urban Residential Zone (RS3 to permit a secondary suite on the subject property, as shown in Figure 4. SUMMARY OF THE ISSUE The applicant proposes to discharge Land Use Contract No. 200 (District of Matsqui to allow the underlying zone Urban Residential Zone (RS3 to regulate the land use and site improvements, including the provision of a secondary suite. The application is consistent with the Urban 3 Infill land use designation in the Official Community Plan (OCP. If the current LUC Discharge application is approved, the property owner intends to incorporate a secondary suite in the existing house under regulations in the RS3 Zone (see Figure 4.

2 Report No. PDS Page 2 of 5 BACKGROUND Owners: Applicant: Baldjinder S., Jaspreet K. and Sarjinder K. Cheema Amarjit Dhindsa Legal Description: Lot 539 Section 19 Township 16 NWD Plan OCP Designation Existing Zoning: Proposed Zoning: Urban 3 Infill Land Use Contract No. 200 (District of Matsqui Urban Residential Zone (RS3 Site Area: m 2 (5,997.7 ft 2 Site Description: The subject property is located in an established single family residential neighbourhood west of Clearbrook Road and south of Maclure Road. The property contains a two storey, single family house. Surrounding Uses: N: Charlotte Avenue with single family residential (regulated by LUC No. 200 (District of Matsqui beyond; S: Single family residential (zoned RS3; E: Single family residential (regulated by LUC No. 200 (District of Matsqui; and W: Single family residential (regulated by LUC No. 200 (District of Matsqui. DISCUSSION Context 1. The subject property is located west of Clearbrook Road and south of Maclure Road. The area immediately surrounding the subject property is an established single family neighbourhood regulated by Land Use Contract No. 200 (District of Matsqui. The surrounding area offers amenities such as parks including Fishtrap Creek Park to the southwest, Maclure Park to the north and Mastqui Recreation Centre to the east, refer to Figures 1 and 2. Official Community Plan 2. The subject site is designated Urban 3 Infill in the OCP, the purpose of which is to enable infill residential with density increases near City and Urban Centres and the Primary Transit Corridor, and includes single detached dwellings with accessory units and ground orientated duplexes. Under the Urban 3- Infill designation, secondary suites are permitted on lots greater than 400m 2 ; refer to Figure The proposed development meets the intent of broader OCP objectives, as follows: Support diverse housing types for a variety of household sizes, incomes, tenures, and preferences (2.1;

3 Report No. PDS Page 3 of 5 Support mixed affordable housing options which can serve as mortgage helpers for owners while providing affordable options for renters or extended family members (2.2; and Focus residential intensification around the Urban and Neighbourhood Centres (2.9. Zoning 4. At present, development for the subject site is regulated by Land Use Contract No. 200 (District of Matsqui, which was created in The Land Use Contract was created for a single family subdivision of 88 units. The applicant is proposing to discharge the LUC from the title in order to allow the zoning category of the underlying Urban Residential Zone (RS3 to construct a secondary suite on the subject property, refer to Figure 5 and 6. The proposal is consistent with the RS3 Zone. Secondary Suites Policy 5. As identified in part 2 of the OCP, secondary suites are supported in single detached dwellings, subject to the following criteria, refer Figure 5: Not be on a cul-de-sac bulb; Not be in a bare land strata (except where road infrastructure meets City bylaw standards; Have a minimum frontage of 12.0 m; Have a minimum lot size of 400m 2 ; and Be located on a Collector or Local road. The proposal is consistent with the above criteria, therefore if the Land Use Contract is discharged from the title of the subject property a secondary suite would be permitted to be constructed on the subject property. Affordable Housing Strategy 6. The Affordable Housing Strategy, (endorsed by Council November 7, 2011 similar to the OCP objectives and policies, encourages the development of complete, connected and livable neighbourhoods with diverse housing types (Objective 4. With policies that support affordable housing development close to transit, jobs and services and the creation of a variety of housing types to suit different needs related to household type, tenure and income. The applicant's proposal is consistent with this policy.

4 Report No. PDS Page 4 of 5 Driveway and Parking Requirements 7. The proposed development will be required to comply with the Zoning Bylaw, 2014 and the Development Bylaw, 2011 in terms of providing the required parking spaces and complying with the driveway maximum sizes. The Zoning Bylaw requires a minimum of two (2 parking spaces for a single family house and an additional space for a secondary suite. Therefore, three (3 parking spaces are required. As per the Development Bylaw, the maximum driveway width is 6.0m and the minimum is 2.7m. In accordance with the Zoning Bylaw, the minimum parking stall width is 2.7m and the minimum length is 5.5m. The portion of a driveway within the city boulevard cannot be used to achieve the minimum parking requirements. The subject property is well in excess of the 400 m 2 minimum lot size requirement and there is sufficient driveway area to accommodate the required parking spaces, which will be confirmed at time of Building Permit. Site Development Requirements 8. The developer is responsible to adhere to all legislation, which may apply to the land, including: (a (b complying with all applicable City bylaws, such as Official Community Plan, 2016, Zoning Bylaw, 2014, Development Bylaw, 2011, Tree Protection Bylaw, 2010, Building Bylaw, 2003, Sign Bylaw, 2001, Erosion and Sediment Control Bylaw, 2010, and Development Cost Charges Imposition Bylaw administered by the City; and obtaining all other necessary approvals and permits on such terms as they may be issued, including but not limited to a development permit, tree removal permit, subdivision approval, building permit, soil removal/deposit permit, Ministry of Health permit, Ministry of Transportation and Infrastructure approval and Ministry of Environment approval. Communication Plan If Bylaw No , cited as "Land Use Contract No. 200 Discharge Bylaw, 2018" is supported by Council, Bylaw No will proceed to an upcoming Regular Meeting of Council, where it will be considered for first and second readings. If first and second readings are given, the bylaw will be forwarded to an upcoming Public Hearing. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper. The City will notify in writing the owners and occupiers of land within a 100 meter radius of the property and provide Council with copies of any feedback that is received. The City received confirmation on September 12, 2017, that the applicant installed the required Development Notification Sign in accordance with the Development Application Procedures Bylaw, which requires the sign to be installed a minimum of 3 weeks in advance of Council s consideration of the application. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. Any capital works implications arising from this application have been addressed through the rezoning process.

5 Report No. PDS Page 5 of 5 Rajat Sharma General Manager, Finance and Corporate Services Signed 6/12/2018 1:22 PM IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION The proposal meets the goals and objectives identified in the OCP and Affordable Housing Strategy. Council s Strategic Plan identifies four cornerstones: vibrant economy, complete community, fiscal discipline and organizational alignment. The proposal is consistent with the complete community cornerstone by permitting secondary suites which provides affordable housing options for the community. SUBSTANTIATION OF RECOMMENDATION Staff recommends support for the proposed discharge of Land Use Contract No. 200 (District of Matsqui to allow the property to be regulated by the Urban Residential Zone (RS3 to permit a secondary suite on the subject property, as the proposal is in keeping with the Urban 3 Infill land use designation and with the broad objectives of the OCP that encourages densification and the establishment of a mix of housing types within the Urban Development Boundary. Allan Campeau Planner Signed 6/6/2018 3:24 PM Darren Braun Director, Development Planning Signed 6/8/2018 3:01 PM Siri Bertelsen General Manager, Planning and Development Services Signed 6/12/2018 5:19 PM ATTACHMENTS: Figures 0 to 6 Bylaw No , "Land Use Contract No. 200, Discharge Bylaw, 2018"

6 City Context Plan File: PRJ Location: Charlotte Avenue

7 JERVIS CR SATURNA CR CROWN CT SS C T CONSORT CT E PRINC CORONATION CT MACLURE RD CHARLOTTE AVE CARLA CT CLAUDIA CT CHARLES CT PRINCESS ST Subject Property CONRAD AVE CORAL AVE PALM CR Charlotte Avenue Figure 1 - Location Plan File No.: PRJ Meters 40 ± Date 5/15/2018

8 VALDES DR BALFOUR DR HEDLEY ST Creeks and Streams Lake Bus Stops Trails ROYAL CT UPLAND CR CAS P E R CT LANE CASTLE CT PA L CR M ND CR VIEW GR A VICTORIA ST PRINCESS ST PACIFIC PL EVERGREEN ST ELLWOOD PARK CHARLOTTE PARK ROYAL ST Subject Property CORAL AVE PALM COURT PARK MRC/PARK CLEARBROOK RD CARLA CT CLAUDIA CT CHARLES CT EA ST F C R IS H E E TR K AP CORONATION CT FISHTRAP CREEK PARK CONSORT CT CHARLOTTE AVE AUSTIN AVE COLLEEN & GORDIE HOWE MIDDLE SCHOOL RD SS PRINCE CT UNDEVELOPED GREEN SPACE DENMAN ST JERVIS CR VIS JER T C LURE C A M SATURNA CR Bus Routes ROYAL CR Charlotte Avenue TIMS AVE GARDEN PARK Figure 2 - Context Plan File No.: PRJ COLUMBIA BIBLE COLLEGE GEORGE FERGUSON WAY HOPEDALE AVE COUNTESS CR ASTORI A CT MAYNE AVE MACLURE TRAIL PARK Meters ± Date 5/15/2018

9 CHARLES CT JERVIS CR SATURNA CR DENMAN ST MACLURE RD PRINCESS ST PRINCESS CT CONSORT CT CORONATION CT Subject Property Urban 3 - Infill CHARLOTTE AVE CLAUDIA CT CARLA CT CROWN CT CONRAD AVE Urban 1 - Midrise Urban 3 - Infill Urban 4 - Detached PALM CR Charlotte Avenue CORAL AVE Open Space Figure 3 - Official Community Plan File No.: PRJ Meters ± Date 5/15/2018

10 CHARLES CT CASTLE CT ROYAL ST LUC 200 P4 RS3 CR N19 P2 PRINCESS ST PRINCESS CT P7 RM45 RML CONSORT CT RS4 RS5-A CLAUDIA CT JERVIS CR MACLURE RD CORONATION CT DENMAN ST SATURNA CR CARLA CT CROWN CT CHARLOTTE AVE Subject Property Existing Zone = LUC 200 Underlying Zone = RS3 ROYAL CT CLEARBROOK RD CONRAD AVE CORAL AVE Charlotte Avenue Figure 4 - Existing & Proposed Zoning File No.: PRJ Meters ± Date 5/29/2018

11 31810 Charlotte Avenue Figure 5 - OCP Urban 3 - Infill Guidelines Single Detached File: PRJ ± Date 5/15/2018

12 Single Car parking for suite tenant Single Car Garage with tandem parking in driveway for resident Charlotte Avenue Figure 6 - Parking Plan File No.: PRJ ± Date 5/29/2018

13 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 200, DISCHARGE BYLAW, 2018 Bylaw No Page 1 WHEREAS Land Use Contract No. 200 (the Land Use Contract, authorized by Bylaw No. 1601, cited as Land Use Contract Bylaw No. 187, was lawfully entered into by the City; AND WHEREAS the Land Use Contract was registered in the Land Title Office on April 26, 1978, under Filing Number P41171 and modified by BL348247; BM57566; BM70923; BM236361; BM276724; BM316275; BM344777; BN243973; BN317751; BP44996; BP44997 and BV AND WHEREAS the registered owners of the described property have applied to the City for permission to discharge the Land Use Contract; The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as Land Use Contract No. 200, Discharge Bylaw, APPROVAL OF LAND USE CONTRACT DISCHARGE AGREEMENT The Discharge Agreement set out in the attached Appendix A, to discharge Land Use Contract No.200 registered against the lands, located at Charlotte Avenue, per the attached Appendix B, is approved. READ A FIRST TIME this day of, 2018 PUBLIC HEARING HELD this day of, 2018 READ A SECOND TIME this day of, 2018 READ A THIRD TIME this day of, 2018 ADOPTED this day of, 2018 I hereby certify this to be a true copy of the original bylaw Henry Braun Mayor Katie Karn Deputy City Clerk William Flitton Corporate Officer Final Draft May 18, 2018

14 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 200, DISCHARGE BYLAW, 2018 Bylaw No Page 2 APPENDIX A DISCHARGE AGREEMENT LAND USE CONTRACT NO. 200 THIS AGREEMENT made this day of, BETWEEN: AND: WHEREAS: CITY OF ABBOTSFORD South Fraser Way, Abbotsford in the Province of British Columbia V2T 1W7; (the City Baljinder Singh Cheema Jaspreet Kaur Cheema Sarjinder Kaur Cheema Charlotte Avenue, Abbotsford in the Province of British Columbia V2T 2J3; (the Owners OF THE FIRST PART OF THE SECOND PART (A The Owners are the legal and beneficial owners of a certain parcel of land more particularly known and described as: P.I.D.: (Lot 539 Section 19 Township 16 NWD Plan Located at: Charlotte Avenue, per the attached Appendix B ; (B (C (D The City is the registered owner of a certain charge known as Land Use Contract No. 200 pursuant to the Local Government Act; The Owners wish to discharge Land Use Contract No. 200 registered under Filing Number P41171; and The City adopted Bylaw No authorizing the discharge of Land Use Contract No. 200 registered against the lands; Final Draft May 18, 2018

15 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 200, DISCHARGE BYLAW, 2018 Bylaw No Page 3 NOW TEREFORE IN CONSIDERATION of the premises and the payment of the sum of ONE DOLLAR ($1.00 of lawful money of Canada (receipt of which is acknowledged by the City the parties agree each with the other as follows, that: 1. Pursuant to the Local Government Act, Land Use Contract No. 200, dated the 3 rd day of April, 1978, shall be discharged: 2. Such discharge of Land Use Contract No. 200 shall be registered in the New Westminster Land Title Office in accordance with the Land Title Act. IN WITNESS WHEREOF the parties have set their hands or, in the case of a corporation, the corporate seal was affixed in the presence of its duly authorized officers on the date and year first above written. THE CORPORATE SEAL OF THE CITY OF ABBOTSFORD was affixed in the presence of: Henry Braun Mayor William Flitton Corporate Officer SIGNED, SEALED, AND DELIVERED in the presence of: Baljinder Singh Cheema Jaspreet Kaur Cheema Sarjinder Kaur Cheema Final Draft May 18, 2018

16 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 200, DISCHARGE BYLAW, 2018 Bylaw No Page 4 APPENDIX B Final Draft May 18, 2018