2. THAT prior to adoption of Bylaw No , the applicant submit an application for Building Permit for a Secondary Suite; and

Transcription

1 ca ~A ABBOTSFORD Report No. PDS June 15, 2015 File No: /R COUNCL REPORT Eecutive Committee To: From: Subject: Mayor and Council Nick Crosman, Assistant Planner Land Use Contract No. 159 (District of Abbotsford Amendment application for the property, located at 2021 Guilford Drive (Owner: Geoffrey Thiessen RECOMMENDATONS 1. THAT Bylaw No , cited as "Land Use Contract No. 159, Amendment Bylaw, 2015", to allow for the retention of the eisting secondary suite at the property located at 2021 Guilford Drive, be given first and second readings at the net Regular Meeting of Council, and advanced to a Public Hearing; 2. THAT prior to adoption of Bylaw No , the applicant submit an application for Building Permit for a Secondary Suite; and 3. THAT the Mayor and Corporate Officer be authorized to eecute all documents relating to this matter. SUMMARY OF THE SSUE The applicant is applying for an amendment to LUC No. 159 to allow for the retention of the secondary suite in the eisting residence, for which the City has received a Building Permit Application. BACKGROUND Owner/Applicant: Geoffrey Thiessen Legal Description: Lot 361Section14 Township 16 New Westminster District Plan Eisting Zoning: OCP Designation: Land Use Contract No. 159 (District of Abbotsford Urban Residential Surrounding Uses: N: Single family residential (regulated by LUC No. 159; S: E: W: Guilford Drive with St. Matthew Anglican Church beyond (zoned P3; Guilford Drive with St. Mathews Anglican Church beyond (zoned P3; and Single family residential (zoned RS 1.

2 Report No. PDS Page 2 of 4 DSCUSSON Official Community Plan 1. The OCP policies encourage densification to support the projected population growth within the municipality. The OCP states that (Objective 5.2 "[i}n order to accommodate the City's anticipated population growth in coming years, infill and densification of the eisting urban area is required. The land base on which urban development can occur is limited, due to topographical constraints and the reality of the Agricultural Land Reserve. Most residents recognize that new developments and eisting neighbourhoods must become denser than in the past." 2. The OCP policies also encourages the provision of secondary suites by "Support[ing] a Full Range of Housing Options" (within Objective 1.4, 9 by "[permitting] secondary suites in single detached dwellings subject to meeting City bylaws, regulations and the availability of servicing capacity. Due to servicing and traffic congestion concerns, no more than approimately 50% of lots in new subdivisions will be eligible for suites. " Affordable Housing Strategy (Endorsed by Council November 7, The Affordable Housing Strategy encourages the development of secondary suites in eisting homes (Objective 1.1. The strategy further identifies the need to support secondary suites as a mortgage helper (Objective 3.1, and supplement household income. Land Use Contract and Secondary Suite Background 4. Lots regulated by a Land Use Contract (LUC were subject to a balloting process in 1998 to determine the level of neighbourhood support for secondary suites in each Land Use Contract area. There were approimately 3300 residential properties that were polled. Each residential LUC area responded with either; a a "yes" to support allowing secondary suites within the neighbourhood; b a "no" indicating non-support for secondary suites within the neighbourhood; or c a tie vote. These results have been used in previous LUC amendment reports to assist in determining the staff recommendations as to whether or not to recommend support for a secondary suite application. See Attachment C for more information. 5. Planning staff respond to a considerable amount of inquires within LUC areas for secondary suites. As this balloting process was conducted 15 years ago, staff believe this information could be out of date for the following reasons: The residents of a neighbourhood have likely changed over the last 15 years; The general public may have changed their perception/acceptance of secondary suites given the information regarding housing affordability outlined within the affordable housing strategy; and Housing prices have increased significantly, increasing the demand for secondary suites as a mortgage helper. L:\R15\R \PDS doc

3 Report No. PDS Page 3 of '= There are two different processes in which to alter the permitted uses regulated by a LUC. One is to amend the LUC to alter a specific component such as a permitted use, and the other is to discharge the LUC from the title of the subject property, and utilize the underlying Zoning Bylaw to address uses, densities, setbacks etc. Land Use Contract No District of Abbotsford (DoA 7. The subject property is regulated by Land Use Contract (LUC No. 159 (District of Abbotsford which does not permit secondary suites. LUC No. 159 (DoA was registered in 1976 for a 34 lot single family subdivision, located in the McMillan Neighbourhood (Figure 3. The Schedule of Permitted Land Use refers to the Single Family Residential (RS-1 Zone only, pursuant to and in conformity with all provisions of "Zoning Bylaw, 1966" as amended, and as applicable to the said zone. Based on legal advice, and as a result of several amendments to the Zoning Bylaw over the years, the pertinent zoning regulations of the RS- 1 zone in the 1966 Zoning Bylaw are most closely reflected by the present RS3 Zone in Zoning Bylaw As Secondary Suites were not mentioned or permitted in the LUC, this LUC Amendment is required. 8. The 1998 LUC balloting process resulted in a "No" vote for Land Use Contract No. 159 (DoA. Of the original 34 properties, one has been successful in gaining Council approval for a secondary suite. Therefore less than 9% of the original LUC now have registered suites. f this second secondary suite proposal is approved, the neighbourhood will still remain well under the 50% policy as outlined within the OCP (refer back to point number 3. Current Proposal 9. n July of 2001 the previous owner was advised of the need to address an unregistered secondary suite. They signed a Statutory Declaration for the suite days later, which is a document in which an individual declares they will comply with a set of regulations. As the Land Use Contract did not permit a secondary suite, the owner at that time should have been required to complete a Land Use Contract Amendment application, for consideration by Council. However, as that step was not taken, and the new homeowner purchased the home with the intention of renting out the suite, this application to amend the LUC must receive Council approval in order to retain the eisting secondary suite. 10. The 2007 Transportation Master Plan currently identifies the property as the location of a future road network connection between South Fraser Way and Marshall Road, which would have an impact on the subject property. The City's Traffic Engineer has stated that an alternative plan is preferred along Eleanor Avenue to the West, and as a result, the Transportation Master Plan will likely be revised in the future to reflect this. Preliminary Site nspection 11. A preliminary site inspection was conducted by Building staff on November 10, 2014 to outline all the necessary upgrades to legitimize the secondary suite. The purpose of this inspection is to assist the owner is determining if the installation of the secondary suite is feasible, if approved by Council. The owner has made a Building Permit application to complete the necessary upgrades, should Council approve the proposed LUC amendment (see attachment D for the full inspection report. These upgrades are required to comply with the B.C. Building Code. L:\R 15\R \PDS doc

4 Report No. PDS Page 4 of 4 Communication Plan f supported by Council, the Bylaw cited as "Land Use Contract No. 159, Amendment Bylaw 2015", will proceed to a Public Hearing. The City will notify in writing the owners and occupiers of land within a 100 meter radius of the property, as well as all properties located within the Land Use Contract as per Section 3.06 (a of the Development Application Procedures Bylaw. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper. FNANCAL PLAN MPLCATON No financial plan implications are anticipated. MPACTS ON COUNCL POLCES, STRATEGC PLAN AND/OR COUNCL DRECTON The proposed amendment supports the Strategic Directions' vision of Abbotsford being the most sustainable, livable and prosperous City in British Columbia by creating a complete community, which provides affordable housing options. The Official Community Plan provides support through its density provisions, which allow up to 50% of single family lots to have secondary suites. The Affordable Housing Strategy also supports the application, by encouraging the development of secondary suites in eisting neighbourhoods. SUBSTANTATON OF RECOMMENDATON Staff recommends support for this application given it is consistent with both the 2011 Affordable Housing Strategy and the eisting secondary suite policies contained within the OCP. Reviewed by: Siri Bertelsen, General Manager Planning & Development Services RefJir== Darren Braun, RPP, MCP Director of Development Planning Prepared by: Nick Crosman Assistant Planner Attachments Figure 1 - Location (with Air Photo Figure 2 - Contet Plan Figure 3 - Eisting Secondary Suites in LUC Figure 4 - Site Plan Attachment A - Land Use Contract Bylaw Amendment No Attachment B - Applicant's Letter of ntent Attachment C - Secondary Suites in LUC Area: 1998 Polling Results Attachment D- Preliminary Building nspection (conducted November 10, 2014 L:\R 15\R15-009\PDS doc

5 FGURE 1 LOCATON ADDRESS:... APPLCANT: - =V""A ABBOTSFORD Planning and Development Services 2021 Guilford Drive Geoffrey Thiessen FLE NO R June 15, 2015

6 FGURE2CONTEXTPLAN ADDRESS:.. APPLCANT: =VA ABBOTSFORD Planning and Development Services 2021 Guilford Drive Geoffrey Thiessen FLE NO R June 15, 2015

7 t----4 ci a a 0:: r---1 fr...j...-r--~5 Cl a ~ t----1 g t a:: r---t---1 en,,~ ~ ~ :::2: :::2: :::2:.._ Registered Secondary Suites MLA ST.,..,. --!..J a. l--_...-1 ~ 1---f--+-"'1-"i :::>...J u:: MARSHALL RD. WALKER CR. FGURE 3 EXSTNG SECONDARY SUTES N LUC ADDRESS: APPLCANT:.,i - -va ABBOTSFORD Planning and Development Services 2021 Guilford Drive Geoffrey Thiessen FLE NO R June 15, 2015

8 PROJECT DATA LEGAL DESCRPTON LOT :Ul,$EC 14 lwn 16. PV.N49W PD:-000-$3C.126 CVC ADDRESS 202'1 GUUOR:O ORM,.t.HOlSFORO.BC ZONNG LA.HD Ult: CONTRACT Ho: 1$ FLOOR AREAS $Uf!E AAEA 620.l~ Q ft l'k>n-!utje AAEA 61$.08 Q Ct TOTAt i!a$emfn iq 11 DRAWNG CONTENTS 1 OF2 CO\E!l NOT~ &!~E l.-.yout 20F2 fmtwg LA TOln 1 PROf'O~D LAY OU DESCRPTON OF WORK - MMOVE CONftC\tltE ""'EROR PA"1rtl0N WALl.5 CONSTR\JCl HEW $ CONOARY SVltE NSTAl.l NEW fooures ~ NOfED r PRC"PO.SE ra'am PAl!>NG '.d$fl'>ii0 ATACl1E( G,.PA.Gl:. /,, /,, ' STE LAYOUT FGURE 4 STE PLAN ADDRESS: APPLCANT: 2021 Guilford Drive Geoffrey Thiessen FLE NO R ea ~A ABBOTSFORD Planning and Development Services June 15, 2015

9 CTY OF ABBOTSFORD ATTACHMENT A LAND USE CONTRACT NO. 159, AMENDMENT BYLAW, 2015 Bylaw No R WHEREAS Land Use Contract No. 159 (the "Land Use Contract", authorized by Bylaw No , cited as Land Use Contract Bylaw No , was lawfully entered into by the City; AND WHEREAS the Land Use Contract was registered in the Land Title Office on May 3, 1976, under Filing Number M37414, as modified by BN63429; AND WHEREAS the registered owners of the described property have applied to the City for permission to modify the Land Use Contract; The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CTATON Bylaw No may be cited as "Land Use Contract No. 159, Amendment Bylaw, 2015". 2. AUTHORZES LAND USE CONTRACT AMENDMENT The Mayor and Corporate Officer are authorized to enter into and eecute the agreement, as set out in the Appendi "A", attached to and forming part of this bylaw, to modify Land Use Contract No. 159 registered against: P.l.D.: Lot 361Section14 Township 16 New Westminster District Plan Located at: 2021 Guilford Drive READ A FRST TME this READ A SECOND TME this PUBLC HEARNG HELD this READ A THRD TME this ADOPTED this day of day of day of day of day of '2015 '2015 '2015 '2015 '2015 Henry Braun Mayor William Flitton Corporate Officer Final Draft - June 4, 2015

10 CTY OF ABBOTSFORD LAND USE CONTRACT NO. 159, AMENDMENT BYLAW, 2015 Bylaw No Page 2 APPENDX "A" THS AGREEMENT made this day of BETWEEN: AND: WHEREAS: CTY OF ABBOTSFORD South Fraser Way, Abbotsford in the Province of British Columbia V2T 1W7; (the "City" GEOFFREY THESSEN 2021 Guilford Drive, Abbotsford in the Province of British Columbia V2S 5K5; (the "Owners" OF THE FRST PART OF THE SECOND PART (A The Owner is the legal and beneficial owners of a certain parcel of land more particularly known and described as: P.l.D.: LOT 361 SECTON 14 TOWNSHP 16 NEW WESTMNSTER DSTRCT PLAN Located at: 2021 Guilford Drive (B (C The City is the registered owner of a certain charge known as Land Use Contract No. 159 pursuant to the Local Government Act; and The Owners wish to modify Land Use Contract No. 159 registered under Filing Number M37414, as modified by BN NOW THEREFORE N CONSDERATON 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. 159, dated the 3rd day of May, 1976, shall be modified as follows: Final Draft - June 4, 2015

11 CTY OF ABBOTSFORD LAND USE CONTRACT NO. 159, AMENDMENT BYLAW, 2015 Bylaw No Page 3 (a "Schedule "B" - Schedule of Permitted Land Use", shall be amended by adding the following: '"A Secondary Suite', in accordance with Abbotsford Zoning Bylaw, 2014, and any amendment, shall be permitted on Lot 361 Section 14 Township 16 New Westminster District Plan "; and 2. such modification of Land Use Contract No. 159 shall be registered in the New Westminster Land Title Office in accordance with the Land Title Act. N WTNESS WHEREOF the parties have set their hands or, in the case of a corporation, the corporate seal was affied in the presence of its duly authorized officers on the date and year first above written. Henry Braun Mayor ~~~~~~~~~~~~~~ THE CORPORATE SEAL OF THE CTY OF ABBOTSFORD was affied in the presence of: William Flitton Corporate Officer SGNED, SEALED, AND DELVERED in the presence of: ~~~~~~~~~~~~~~ GEOFFREY THESSEN Final Draft - June 4, 2015

12 City of Abbotsford Planning & Development Services 2nd Floor, South Fraser Way Abbotsford, BC V2T 1W ATTACHMENT B FEB Planni~g & Development Serwces De;Jartment ATN: Planning & Development Services This letter is to outline our intent to amend the zoning of.our property from LUC #159 to allow the use of a secondary suite. We bought our property under the impression that the property was already zoned for a legal suite. When we searched for our property on the Abbotsford Web Map, it said there was a statutory declaration for a legal suite in 2001 that was approved in Please see the attached document for more information. With this information, we moved forward w ith the purchase of our home, assuming that we would be able to build a suite. After purchasing our home, and seeking approval for a baseme~t suite on our property, we were informed that we would have to go through an amendment process. t is our vision and intent to build a secondary suite on this property for several reasons. By building a secondary suite, will increase the value of our home as well as the value of our neighborhood. The suite will also assist us monetarily by helping pay for our mortgage as well as cost of living. We feel that our property is well-designed for a suite for several reasons. We have a large driveway that is already designed for 4 non-tandem parking spaces. This will allow tenants and guests to park in the driveway and keep cars off the street, thus preventing overflow in the neighborhood. Furthermore, am a well-qualified candidate for building the suite. am a red seal carpenter, currently working for Kenorah Design and Build, B.C.'s most awarded renovator and custom home builder. We will be eceptional property managers and responsible landlords. We intend on selecting only responsible and accountable tenants for our suite. We urge you to consider our reasoning and amend the zoning of our property from LUC #159 to allow the use of a secondary suite. Please see the attached petition that outlines our neighbors' approval for this amendment. Thank you for your consideration. Kind regards, Geoff and Jessica Thiessen 2021 Guilford Drive Abbotsford, BC V2S 5K

13 Attachment C 0 ~h ABBOTSFORD SECONDARY SUTES N LAND USE CONTRACT (LUC AREAS The results of the LUC balloting process will be used by Council as the major factor in deciding whether or not lo approve an amendment applicauon for a secondaiy suite in a LUC area. Council's policy on the results are: 1. n the case of a secondary suite amendment application in a LUC where there was a "Yes" vote, subject to compliance with the building code, parking end ownership requirements, the application will proceed without a pubfic hearing on the required amending by-law. 2. n the case of a secondary suita amendment application n a LUC where there was a ' No" vote, applications may still be made for a suite, however, COUncil will consider the 'No' vote as the major factor n coming to a decision to approve or not approve the application. fn itie 'No" vote areas there is little likelihood that suites will be approved. 3. n the case of a secondary suite application in a LUC area where there was a tie vote or no response, Counell will deal with each application on a case by case basis. f Council decides an application has merit t wlll proceed to public hearing. The results oflhe LUC balloting process are: DOA-fonner District of Abbotsford DOM - former District of Matsqul LUCArea YES NO TE Vote -Vote Vota LUC Area YES NO TE Vot8 Vote Vote DOA54 DOM7 DOA57 DOM 16. DOA58 DOM29 DOA 102 DOM 4-0 DOA 104 DOM42 DOA 121 DOM45 DOA 133 DOM46 DOA 154 DOM49 DOA 155 DOM52 DOA 156 DOM53 DOA 158 DOM55 DOA 159 DOM59 DOA 160 DOM60 DOA 161 DOM64 DOA 163 DOM66 DOA 166 DOM70 DOA 167 DOM72 DOA 168 DOM73 DOA 170 DOMB5 DOA 175 DOM95 DOM65, 17, DOA DOA 185 DOM 106 DOA 186 DOM 107 DOA 187 DOM 108 DOA 188 DOM 116 DOA203 DOM 123 DOA205 DOM 125 DOA226 DOM 127 DOA228 DOM 131 DOA247 DOM 135, 222 DOA249 DOM 141 DOA251 DOM 144 DOA252 DOM 146 DOA253 DOM 153 DOA254 DOM 156 DOA267 DOM 157 DOA268 DOM 161 OOA285 DOM 162 DOA295 DOM 163 DOA346 DOM 164 DOM 165 DOM 168 DOM 172 OOM1n DOM 166 DOM 187 DOM201 DOM211 DOM224 DOM225 DOM230 DOM234 DOM235 To determine lhe specific bo1jt1daries of a LUC and further information about the results of the ballot, please contact the Development Services Depar1ment (?fd ftaorj al Abbotsford City Hall or phone O.

14 ATTACHMENT D SECONDARY SUTE NFORMATON NSPECTON BULDNG SERVCE REPORT South Fraser Way, Abbotsfor<J, B.C. V2T 1W Application No: Jt.f- l'-t 0 '3-B.Zoni,g: LUC: Eisting: New:_/ Title Search: Heating type: EU:;c. ~ { 6, 'f':s P: /f- Finished Basement Permit required:. --- Type of Dwelling: : :::: Name: 6, l lh~-,j Address: 2.o New Construction: z_1 --=b:t...::.l.,.(,.a..;:;.,:...:~:.!...:::.;.._..;;. \J2~-: ef All "Technical Requirements" for suites apply (see handout Per 2012 Code 2...e:r" nterconnected smoke alarms, Co detector 3. ~ All ceilings min. 45 minute fire resistance rating 4. J!f nterior walls between suite and house min. W' diywall c/w batt insulation, separations to be boarded, mudded & taped. All other walls W' gypsum board. 5. D. Crawl & attic spaces, under/over suite must have min.. Y.t hr. fire separation from remainder of house 6. ;z{ Connecting door(s & furnace room door(s must have 20 min. fire resistance rating or solid core & be self / closing & weather-stripped. 7. Z Kitchen fan is required to vent to eterior. 8. D Forced air - All ducts from the furnace to the suite require fire dampers (4"l0" 9. 0 Forced air - A cold air return ducted to the furnace is required, less than 24" from floor. 0. ~ Forced air - Relay required to shut off furnace when smoke alarm activated. 11. ~ Bathroom Fan to BCBC. O fl 12. D Provide 5" combustion air duct into the furnace room to terminate not less than 18" from the floor. 13. ~ Bedroom windows to code (min sq. ft. opening with min. 15" D Eit from the suite not to be affected by windows in other fire compartment. 15. O Cover/bo-in all combustible plumbing. 16. O Shut-off for hot & cold supply lines to all plumbing fitures in suite. l 7.,W" Door viewer required if there is no glass in the door or sidelight. 18. D Door must lead directly from suite to eterior. 19. ~ Access to suite must be via a hard.surface (gravel, concrete etc. no tripping hazards; all stairs/steps require handrails/guardrails to code. 20. D Parking must accommodate minimum 3 vehicles e(' nterconnected smoke alann in each bedroom and 1- in the hallway leading to the bedrooms. Eisting Suites: Above as noted and 22. ef 23. D 24. D ~5.~ Electrical contractor to complete E-1 form, complete with Valid Business License Number. Bathroom fan with dehumidistat or programmable interval timer. nterconnected photo electric smoke alarms and ionized smoke alarm, Co detector and relay at furnace if forced air. Plumbing nspection. '~~ ~ Building Official: rb_. _ Date: JO f'je1..; 2ol'-f,