OS <~A ABBOTSFORD COUNCIL REPORT. Report No.: PDS May 20,2014 File No: /R To: From: Subject:

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1 OS <A COUNCL REPORT Report No.: PDS May 20,2014 File No: /R Executive Committee To: From: Subject: Mayor and Council Blake Collins, Planner Rezoning for the property legally described as Lot 3, Block 29, Section 2, Township 16, New Westminster District, Plan 2596 and located within the 200 Block of Sumas Way Owner: Andrew Beaubier RECOMMENDATONS 1. THAT Bylaw No , cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 742", which proposes to create a new comprehensive development zone, and rezone the property covered under application /R14-010, from One Unit Urban Hillside Residential Zone (RS2), to Comprehensive Development Zone (N34), be given first and second readings at the next Regular Meeting of Council, and advanced to an upcoming Public Hearing; 2. That prior to adoption of Bylaw No , cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 742", the following rezoning conditions be resolved: a) receiving approval from the Ministry of Transportation and nfrastructure of rezoning Bylaw No ; b) obtaining a 4.5 m Statutory Right of Way through the eastern portion of the adjacent property, located at 238 Sumas Way, for the future installation of services; c) securing a driveway access easement with a width of no less than 2.7 m through the eastern portion of the adjacent property, located at 238 Sumas Way; and. 3. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. SUMMARY OF THE SSUE The applicant proposes to rezone the subject properties to a new comprehensive development zone (N34) to allow the construction of a new single family dwelling on an existing 209m 2 lot that was originally created in BACKGROUND Applicant: Owner: D&D Design (Darren Hall) Andrew Beaubier

2 Report No. PDS Page 2 of 5 BACKGROUND Applicant: Owner: Legal Description: OCP Designation: Existing Zoning: Proposed Zoning: Total Site Area: Site Description: Surrounding Uses: N: S: E: W: D&D Design (Darren Hall) Andrew Beaubier Lot 3, Block 29, Section 2, Township 16, New Westminster District, Plan 2596 Urban Residential Unit Urban Hillside Residential Zone (RS2) Comprehensive Development (N34) 0.02 ha. (0.049 ac.) The land is a small 209 m 2 parcel of land fronting Sumas Way located between 4th Avenue and 5 th Avenue in the Huntingdon neighbourhood. The subject property is vacant. Single Family Residential Dwelling zoned RS2; Single Family Residential Dwelling zoned RS2; Single Family Residential Dwellings zoned RS2; and Sumas Way beyond which are commercial properties zoned C4. DSCUSSON Zoning and Official Community Plan (OCP) 4. The Official Community Plan designates the property Urban Residential. This Land Use category is characterized by neighbourhoods of "ground-oriented" housing at relatively low densities, which can include detached houses, semidetached houses, and attached housing (such as cluster housing or townhouses). Given the proposed rezoning application will allow a single family dwelling to be constructed on the existing lot, this proposal is consistent with the current OCP land use designation. 5. Presently, the subject property is zoned RS2. Under this zoning designation, the minimum lot size is 670 m 2 and the minimum lot width is 18m.. The existing lot does not comply with these regulations as the lot area is only 209m 2 and the lot width is 7.6m. Given the degree of non-conformity, building a reasonable and livable single family dwelling on the subject property while complying with the setbacks, lot coverage, and density established within the RS2 zone is, according to the applicant, exceedingly difficult. As such, the applicant has applied for a rezoning amendment that would create a new comprehensive development zone. 6. The purpose of the new Comprehensive Development Zone is to establish Zoning Bylaw regulations comparable to the One Unit Varied Lot Size Residential Zone (RS6) for existing lots that are smaller than 300 m 2. The proposed regulations of the new zone attempts to balance the small lot nature of the zone

3 Report No. POS Page 3 of 5 and the livability of future units by reconfiguring the setbacks. t is the opinion of planning staff that the proposed regulations achieve this goal. n future, the proposed N34 Zone could potentially be utilized to accommodate similar requests on existing undersized lots in various areas of the City to bring parcels into conformance with our zoning bylaw and allow development on vacant or underdeveloped parcels. 7. The RS6 Zone was used as a base model to create the proposed N34 Zone as the RS6 Zone is the closest comparable compact lot presently existing in the Zoning Bylaw. The primary difference between the RS6 zone and the proposed N34 Zone is a reduction to the rear yard setback from 7.5m to 6.0m. n addition, the intent of the zone reflects the fact that the N34 zone will be used to provide greater flexibility only to existing lots where the zoning is deemed to create hardship on the development of a reasonable and livable dwelling. To avoid the use of this zone for new development, staff have incorporated a clause into the proposed zone specifically prohibiting the subdivision of properties zoned N34. Context 8. The subject property is located in the Huntingdon neighbourhood between Fourth Avenue and Fifth Avenue. The lot is 209 m 2 with legal frontage on Sumas Way. The property was originally created in 1912 and at that time the lot size was common for properties fronting Sumas Way (see Figure 1 and 2). ScalelDensity 9. f approved, the proposed rezoning will allow the owner to construct a two storey single family home with a total floor area of approximately 135 m 2 (1460 sq.ft.). The proposed lot coverage will be 40% and the proposed Floor Space Ratio will meet the N34 requirement of The proposed home is generally consistent with the scale and density of similar small lot developments within the Huntingdon area. Access Servicing 10. During the review and referral process access to the property and servicing were noted as primary concerns to proceeding with the proposed development given the property fronts onto Highway 11. n this case, however, the owner of the subject property also owns the property to the immediate south. To resolve access and servicing issues, the owner has agreed to register an access easement for a driveway with a width of at least 2.7m and a 4.5m right-of-way to allow for the installation of City services (sanitary, storm, water) over 238 Sumas Way in benefit of the subject property. The applicant will complete the legal work associated with the access easement and right-of-way following Council consideration of 3 rd reading of the zoning bylaw. Floodplain 11. The subject property is located within Flood Proofing Area "0", which requires a minimum building elevation of 11.1 m GSC to meet full flood proofing. Within Area "0 " building to a reduce flood elevation is not permitted. The applicant has reviewed this requirement and has confirmed that this elevation has been achieved in the proposed design.

4 Report No. PDS Page 4 of 5 --' Ministry of Transportation and nfrastructure 12. The subject site is located within 800 m of an intersection with a Controlled Access Highway (Sumas Way/Highway #11); therefore, approval of the rezoning bylaw is required by the BC Ministry of Transportation and nfrastructure (MOT). Through an early referral process, MOT has indicated they have no concerns regarding this proposed development should the provincial 4.5 m setback be followed. The new N34 zone has been designed to reflect this and establishes a minimum setback of 4.5 m adjacent to a provincial highway. The rezoning bylaw will be forwarded to MOT for approval following Council consideration of 3 rd reading of the zoning bylaw. Site Development ssues 13. A staff review of the works and services necessary to support this application has been completed and is outlined within Attachment A (dated May 8,2014). 11. n addition to the above comments, the developer is responsible to adhere to all other legislation, which may apply to the land, including: a) complying with all applicable City bylaws, such as Official Community Plan, 2005, Development Bylaw, 2011, Tree Protection Bylaw, 2010, Building Bylaw, 2003, Sign Bylaw, 2001, Erosion and Sediment Control Bylaw, 2010, and Development Cost Charges mposition Bylaw, 2010 administered by the City; and b) 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 nfrastructure approval and Ministry of Environment approval. Communication Plan f the zoning amendment bylaw 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. The City will notify in writing the owners and occupiers of land within a 100 meter radius (urban) and 500 m (ALR) radius of the property and provide Council with copies of any feedback received. 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 DRECTONS The proposed development conforms to the Official Community Plan (OCP) land use designation and is consistent with a broader City policy that encourages a variety of housing types, affordable and appropriate housing, excellent recreational opportunities that enable residents to live full, healthy and diverse lives within Abbotsford.

5 Report No. PDS Page 5 of 5 SUBSTANTATON OF RECOMMENDATON The proposed rezoning to N34 Zone and the corresponding single family residential development is consistent with the OCP designation of Urban Residential. Staff reg commends :ru up.port for the proposed rezoning application. _, <-": ;:? /,1'" c;---=,----?- i Reviewed by: Siri Bertelsen, General Manager Planning & Development Services p"'- re"';'p""a-re":;a7-bp...::::r Blake Collins Planner Darren Braun Director of Development Planning Enclosures: Figure 1 - Location Map Figure 2 - Context Plan Figure 3 - Site Plan Figure 4 - Building Elevations Figure 5 - Floor Plans Figure 6 - Access Easement / Utility Right-of-Way Attachment A - Rezoning Works and Services, dated May 8,2014 Attachment B - Bylaw

6 [ j l TH AVE. [ ] [, llill [ o -n 5 TH AVE , ; [ J [ 4 TH AVE. A N ---' r ! [ [ FGURE 1 LOCATON FLENO. ADDRESS: Lot block Sumas Way (P..D ) R APPLCANT: D & D Designs Ltd. Darren Hall - contact.... May 16, 2014 Planning and Development Services

7 FGURE 1 LOCATON ADDRESS: APPLCANT:.A Planning and Development Services Lot block Sumas Way (P..D ) D & D Designs Ltd. Darren Hall - contact FLE NO / R May 16, 2014

8 Prairie Coast Equipment nc. (John Deere) FGURE 2 CONTEXT PLAN ADDRESS: Lot block Sumas Way (P..D ) APPLCANT: 0 & 0 Designs Ltd. Darren Hall - contact «A Planning and Development Services FLE NO / R May 16, 2014

9 23'-15/1 6" i' '<r ]._. 21'-3 5/16" [13.12M] - [1.20M],f-- [6.4"M],r-- : '-'15/16" [4.81M] r ' _ H : : i "T,. 1 :! _ ().>. "k------i \. _ () 14'-'15116"1! eo : 11fi ;1,', 'i «>-1".1-,, -..._ ,_ ,.-,:: SQ t...a l"- )-;(- [4.50M]. ::'1 i;l "ii _ t, r! j LOT " m i s:: ;-.!:! "' : : 0."V <m i 1 r '<" 0> 6,, :! C\ lf LX,,,,HH.!.' '"!, bj,! :J./- ": ffi n l i ' :..... l.... : \J) i - :HHHHH H il : ', ':L=:; +- 2,,'M-;;'- [6.02M] '-0" /. li.'11h] 'H :-B 15/ 16" /. - iis41m] o 10, L.C.. = B16 5q. ft. / q. H., = 3B.61% A- FSR = q. ft. / 2, q. ft. = 65.51% 1 N FGURE 3 STE PLAN ADDRESS: Lot block Sumas Way (P..D ) APPLCANT:. D & D Designs Ltd. Darren Hall - contact..,... Planning and Development Services FLE NO R May 16, 2014

10 r i D D '-l g g g gl D _ _..., FRONT -- ELEVATON.o.sHloSHTr::w:;V""''''''''' r /../.J.-!./,u,Y H,u,Y, r L ----! -l '" U, REAR ELEY AT ON 1 ld 80 LEFT ELEY ATON RGHT ELEVATON DO V<U. - 06t>' 5G.1'T. C'it. "'"/SQ.\o(. """'" J.P'o - HO'*OR to.b' SGlPT. U.".o. "'.6-:2')f.OFt...a.oo. l rn, rnrn NV!A '."2 5Q."T. 1"l61!!C2.K "'J.P.o. 'OOOloOR.4e<;,aFT. f'rqpo'!eoj.".o..:n'l6or.4-4oo'sg."t. rl. FGURE 4 BULDNG ELEVATONS ADDRESS: Lot block Sumas Way (P..D ) APPLCANT:. 0 & 0 Designs Ltd. Darren Hall - contact Planning and Development Services FLE NO R May 16,2014

11 A N...: "[-J,- ;. r i F""9 F"9 u:::::::::: i -" f, : 1, :1 MASTER 100-e- }(1'-e>- i!.: D!'... :1,! L- ' :r ENSUTE!i 5'-0" " lo-::z' $ BED #1 10'-0' X 10'-3" BED #2 10.e" X1V-;;;'-!,9 '",r-.." 0 " LL_...J.r---!- : L... -' :... : r ; UPPER FLOOR H n, :E* " ' E*, i =, U!'" 16Ft DNNG KTGHEN "'-b")( l A'-2' <fob" X lv-4", LVNG 1S'-a')( 15'-6"' MAN FLOOR FGURE 5 FLOOR PLANS ADDRESS: APPLCANT:!:2.A Planning and Development Services Lot block Sumas Way (P..D ) D & D Designs Ltd. Darren Hall - contact FLE NO / R May 16, 2014

12 5 TH AVE. FGURE 6 ACCESS EASEMENT / UTLTY R.O.W. ADDRESS: Lot block Sumas Way (P..D ) APPLCANT: D & D Designs Ltd. Darren Hall - contact A Planning and Development Services FLE NO / R May 16, 2014

13 ====A DEVELOPMENT ENGNEERNG DVSON REZONNG WORKS AND SERVCES REQUREMENTS File No: R Planner: Blake Collins, Planner Prepared By: Patrick Siemens, Development Technologist 1,.., /1/ v_fo Approved By: it Robert Cooke, Manager of Development Engineering /r Date: May 8,2014 Applicant: Development Property: D & D Designs Ltd. No Civic Address Lot 3 Block 29 Section 2 Township 16 New Westminster District Plan 2596 The Local Government Act authorizes local governments to require development to meet current works and services standards as set out in the City's Development Bylaw and Policies. This report includes the Existing Conditions of the site, the Works & Services Requirements to meet the applicable bylaws and policies and Future Considerations that may apply to the next phase of development. Please have your consulting engineer call Patrick Siemens, Development Technologist 1 at in regard to this report and any other servicing matters relating to this application. ATTACHMENT A

14 -- DEVELOPMENT ENGNEERNG DVSON REQUREMENTS Required Covenants, Easements and Rights-of-way Shared access easement Private 4.5m utilities easement along the east property line of 238 Sumas Way will be required to facilitate water, sanitary and/or storm service connections. Access The proposed driveway access must meet the Abbotsford Development Bylaw with a minimum width of 2. 7m. Page 2 of 5 R14-010

15 DEVELOPMENT ENGNEERNG DVSON FUTURE CONSDERATONS Upon further development an additional works and services review will apply related to that application. Listed below are some items to consider. Bylaws the applicant is to be familiar with the Development Bylaw to ensure an understanding of possible future Works and Services that may impact the development Stormwater Management detention andlor infiltration will be required. Ensure that adequate room and proper placement has been reviewed. if onsite infiltration is not possible as suggested by a geotechnical engineer, provide direct connection to the City's storm sewer system and pay cash-in-lieu for storm detention ($10.50/m2 of lot area or $349/m3) the storm water management plan is to address the recommendations of the Marshall Creek SMP including: 300mm absorbent soil in all pervious areas disconnect roof leaders infiltration trenches, rock pits, and rain gardens Traffic Management road dedications, statutory rights-of-way and easements to accommodate the works and lot grading may require adjustments to the placement or size of the building. the frontage of the property is on Sumas Way; therefore the applicant must contact BC MOT for approval. Service Connections water, sanitary and storm connections have specific tie in locations. Review and confirm locations prior to design. calculations related to the required domestic and fire water demand will be reviewed. There may be a service, meter or flow restrictions. provide underground power and telecommunications services from the distribution system to the parcel. Streetscape Contribution Levy is applicable at Building Permit Development Cost Charges Development Cost Charges are applicable at Building Permit Lot Grading A Lot Grading Plan is required. Final lot grading shall conform to City's Lot Grading Policy and Guidelines. Any retaining walls that the Developer or Consulting Engineer consider are necessary to effectively grade the Lands to prevent negative impacts on finished neighbouring Lands, either existing or proposed, shall be constructed by the Page 3 of 5 R14-010

16 as ta DEVELOPMENT ENGNEERNG DVSON Developer. The standard "Lot Grading Covenant shall be registered against title to all proposed lots. Lot grading shall also provide for the collection of surface runoff and other drainage that will discharge to the City Drainage system. Lot grading may be designed to allow for surface sheet flows or collected in swales and directed to lawn basins as necessary to the satisfaction of the General Manager, Engineering. Any collection of surface flows to a concentrated point discharge location shall include provision for easements or rightsof-way across impacted Lands as necessary. All lot grading shall be designed to take care of surface flows emanating from onsite grading. Building Permit Submissions n order to avoid delays in receipt of building permits, the builder shall be responsible for ensuring that building permit applications on the Lands conform to the intent of the accepted Lot Grading plan(s) prior to submission to the City. The developer or his designate shall review and approve building permit applications prior to submission to the City. When submitted, the building permit plans shall provide lot grading information that shall, at time of final inspection for building occupancy or approval, comply with the accepted lot grading plan or the intent of the lot grading design accepted by the General Manager, Engineering prior to construction. Page 4 of 5 R14-010

17 a. tirb DEVELOPMENT ENGNEERNG DVSON EXSTNG CONDTONS Highways (Rights-of-Way) Sumas Way is an existing 25 m wide right-of-way. Roadways Sumas Way is constructed with a 17 m wide paved surface, barrier curb and gutter, no sidewalk, storm sewer drainage, ornamental street lighting and overhead power/telecommunications wiring. Drainage System A 300 mm diameter AC storm sewer exists on Sumas Way fronting the Lands, and in the lane between 4th and 5 th Avenue. Sanitary Sewer System A 150 mm diameter PVC sanitary sewer main exists on the Lane between 4th and 5 th Avenue. A 150 mm diameter PVC sanitary sewer main exists on Sumas Way fronting the Lands. Water Distribution System A 150 mm diameter PVC water main exists on the Lane between 4th and 5 th Avenue. A 150 mm diameter PVC water main exists on Sumas Way front the Lands. Street Lighting Ornamental street lighting exists on Sumas Way fronting the Lands. Power/Telecommunications Wiring The existing power/telecommunications wiring on Sumas Way fronting the Lands is overhead. Access Access to the Lands is currently from Sumas Way. Page 5 of 5 R14-010

18 CTY OF ZONNG BYLAW, 1996, AMENDMENT BYLAW NO. 742 Bylaw No R The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CTATON Bylaw No may be cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 742". 2. CREATES COMPREHENSVE DEVELOPMENT ZONE Abbotsford Zoning Bylaw, 1996, Section 900 Comprehensive Development as amended, is further amended by adding the following new zone, in numerical sequence: "934 COMPREHENSVE DEVELOPMENT THRTY-FOUR (N34) The N34 zone is to establish specific land use and development regulations strictly for lots created prior to the adoption of this bylaw and having an area less than 300 m 2. Permitted Uses The following uses and no others shall be permitted in the N34 zone: Density One Unit Residential Use Accessory Boarding Use Accessory Home Occupation Use The maximum floor space ratio shall be The maximum floor area for accessory buildings, structures and detached garages shall be 47 m 2 Lot Coverage The maximum lot coverage shall be 45% The maximum lot coverage for accessory buildings, structures and detached garages shall be 3% which shall form part of the maximum lot coverage of the entire lot. ATTACHMENT B

19 CTY OF ZONNG BYLAW, 1996, AMENDMENT BYLAW NO. 742 Height of a Building or Structure Bylaw No R The maximum height of any building or structure shall be 9.8 m or three storeys, whichever is less, where the slopes of the land from the front to the rear lot line is greater than 5%, the maximum height of a principal building may be increased by 0.2 m for each 5% slope The maximum height of any accessory building, structure or detached garages shall be 4.6 m Setbacks Buildings and structures shall be sited in accordance with the following minimum setbacks: Building or Front Rear nterior Exterior Structure Lot Line Lot Line Side Lot Line Side Lot Line Principle 3.0 m expect 6m 1.2 m 3.0 m Building adjacent to -a Controlled Access Highway then 4.5m Garage 6.0 m 1.0 m 1.0 m 3.0 m Accessory 6.0 m 1.0 m 1.0 m 3.0 m Building or Structure n the case of a panhandle lot, the minimum setback from a front lot line shall be 6.0 m. Minimum Subdivision Requirements Subdivision of lots zoned N34 is not permitted. 3. AMENDS TABLE OF CONTENTS Abbotsford Zoning Bylaw, 1996, as amended, is further amended by adding the following to the Table of Contents in numerical sequence: "934 Comprehensive Development Thirty-Four (N34} " 4. AMENDS SECTON 100 ZONES Abbotsford Zoning Bylaw, 1996, as amended, is further amended by adding the following to the Section 140 Zones in numerical sequence: "934 N34 Comprehensive Development Thirty-Four Zone (BtL )"

20 CTY OF ZONNG BYLAW, 1996, AMENDMENT BYLAW NO. 742 Bylaw No R AMENDS ZONNG MAPS Abbotsford Zoning Bylaw, 1996, Schedule "A! - Zoning Map, as amended, is further amended by changing the zoning of:. P..D. : LOT 3 BLOCK 29 SECTON 2 TOWNSHP 16 NEW WESTMNSTER DSTRCT PLAN 2596 Located in the 200 Block of Sumas Way From: One Unit Urban Hillside Residential Zone (RS2) To: Comprehensive Development Thirty-Four (N34), per the attached Appendix "A!. READ A FRST TME this PUBLC HEARNG HELD this READ A SECOND TME this READ A THRD TME this ADOPTED this day of day of day of day of day of,20<>,20<>,20<>, 20<>,20<> R. Bruce Banman Mayor William Flitton Corporate Officer

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