The Corporation of Delta COUNCIL REPORT Regular Meeting. File No.:

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1 The Corporation of Delta COUNCIL REPORT Regular Meeting E.03 To: Mayor and Council File No.: LU From: Community Planning & Development Department Date: June 13, 2017 Bylaws No.: 7557 and 7574 Third Reading Extension for Land Use Contract Discharge, Rezoning, Development Permit, Development Variance Permit and Subdivision at 11548, 11568, 11576, 11588, 11592, Avenue and 7167 and Street (High mark Homes Ltd.) The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATIONS: A. THAT Bylaw No not be referred to.a new Public Hearing. B. THAT third reading of Bylaw No be extended to September 30,2017. C. THAT third reading of Bylaw No be rescinded. D. THAT Bylaw No be amended by replacing references to the strata titles for and Avenue with a new legal description and parcel identifier following the cancellation of a strata plan registered on the title of the property now addressed as Avenue. E. THAT Bylaw No as amended be given third reading. PURPOSE: The purpose of this report is to bring forward the following items for Council's consideration: A request for an extension of third reading of Zoning Amendment Bylaw No (Attachment A) to September 30, 2017; and A minor amendment to Land Use Contract Discharge Bylaw No which is required to update the legal description and parcel identifier for the property at Avenue following cancellation of a strata plan that was previously registered on the title of that property. The amended version of the bylaw is provided as Attachment B.

2 Page 2 of , 11568, 11576, 11588, 11592, Avenue and 7167 and Street (Highmark Homes Ltd.) LU June 13, 2017 BACKGROUND: On May 16, 2016, Council gave first and second readings to Bylaw No and Bylaw No (Attachment B) that would discharge the existing land use contract registered on the property titles at and 11592/ Avenue and rezone the subject properties at 11548, 11568, 11576, 11588, 11592/11594, Avenue and 7167 and Street from RS1 Single Family Residential and RM1 Multiple Family (Duplex) Residential to Comprehensive Development Zone No. 465 to permit consolidation of the subject lots and the development of 40 townhouse units. A location map is provided as Attachment C. The bylaws were referred to the May 30, 2016 Public Hearing. At the Public Hearing, there were 13 speakers who were opposed to the application and noted concerns with traffic volumes on 72 Avenue, safety at the intersection of 72 Avenue and 116 Street, air quality, privacy and the perceived lack of sufficient off-street parking provided with the proposed development. There was also one letter in opposition to the application that noted similar concerns. At the Meeting Following the Public Hearing on May 30, 2016, Council gave third reading to Bylaws No and An excerpt of the minutes from the Meeting Following the Public Hearing on May 30,2016 is provided as Attachment D. Council Policy: It is Council policy that applications be completed within one year of third reading or referred back to Council for review, which could include a new Public Hearing. DISCUSSION: Third Reading Extension: Delta has entered into an agreement of purchase and sale for the three municipallyowned properties at Avenue and 7167 and Street with the developer, which was presented to Council at the Regular Meeting on May 16, Since the transfer of the three lots is subject to rezoning of the subject site being approved by Delta and 12 months have passed since third reading was given; an extension to third reading of Bylaw No is needed to allow additional time to complete the requirements for final consideration and adoption, which include the following: Dedication of road at the corner of 72 Avenue and 116 Street to align with the existing road improvements (completed); Cancellation of the strata plan at 11592/ Avenue (completed); Acceptance of final building design and landscape plans (completed); Approval from Metro Vancouver for sanitary connections to the subject site; Acceptance of final civil engineering designs for site servicing; Consolidation of the developer-owned lots at 11548, 11568, 11576, and Avenue;

3 Page 3 of ,11568,11576,11588,11592, Avenue and 7167 and Street (Highmark Homes Ltd.). LU June 13, 2017 Preparation and execution of restrictive covenants, statutory rights-of-way, and a development agreement for the subject development; and Payment of development fees, security deposits and any outstanding utilities and property tax balances. It should be noted that although an extension to September 30, 2017 is being requested, completion of the requirements for final consideration and adoption is anticipated before this date. It is recommended that a new Public Hearing not be held for Bylaw No as no new correspondence or comments have been received by staff noting new or different concerns with the rezoning bylaw or the proposed development since the Public Hearing was closed. Minor Amendment to Bylaw No. 7574: The developer has purchased the properties at 11548, 11568, 11576, and 11592/ Avenue and has registered documents with the Land Title Office to cancel the existing strata plan for the duplex located at 11592/ Avenue in order to consolidate the lots. A revised project data table is provided as Attachment E. A new plan with a new legal description and parcel identifier was concurrently registered at the Land Title Office to replace the cancelled strata plan for this property, which is now addressed only as Avenue. A minor amendment is needed to Bylaw No to replace references in the bylaw to the now-cancelled strata titles for the duplex with the new legal description and parcel identifier for the subject property. A redlined version of Bylaw No showing the changes is provided as Attachment F. Under Section 4 70( 1) of the Local Government Act, a bylaw can be altered after a Public Hearing provided that the alteration does not alter the use or density from that originally specified in the bylaw. As the amendment to Bylaw No would have no implications on the above and would apply to essentially the same properties, no additional Public Hearing is required for the land use contract discharge bylaw. An extension to third reading of Bylaw No is not required should Council rescind third reading of this bylaw and subsequently give third reading to Bylaw No as amended. Completion of the purchase, sale and transfer of the municipally-owned lots to the developer would occur following adoption of Bylaw No and Bylaw No as amended. A plan would subsequently be registered at the Land Title Office to consolidate all subject properties included in this application before building permits can be issued by Delta. Implications: Financial Implications - The proposal to develop 40 townhouse units would result in an estimated $85,000 in additional property tax revenue for Delta. The site is also located in the 72 Avenue Economic Investment Incentive Zone and is eligible for financial incentives including waiving the building permit, plumbing permit and land use application fees; a tax exemption certificate valid for three years; and reduced development cost charges subject to achieving a score of 70 or greater on the Environmental Impact Rating Form provided in "72 Avenue Revitalization Bylaw No. 7224, 2013".

4 Page 4 of , 11568, 11576, 11588, 11592, Avenue and 7167 and Street (Highmark Homes Ltd.) LU June 13, 2017 CONCLUSION: An extension of third reading of Zoning Amendment Bylaw No is being requested to allow additional time to satisfy the conditions required for final consideration and adoption. A minor amendment is also required to Land Use Contract Discharge Bylaw No in order to update the legal description and parcel identifier for Avenue following cancellation of a strata plan. It is recommended that Bylaw No not be referred to a new Public Hearing and that a third reading extension until September 30,2017 be given to Bylaw No. 7557; that third reading to Bylaw No be rescinded and that Bylaw No be amended and given third reading as amended. Jeff Day, P.Eng. Director of Community Planning and Development Department submission prepared by: Jimmy Ho, Planner JH/ph ATTACHMENTS: A. Bylaw No B. Bylaw No As Amended C. Location Map D. Minutes of the Meeting Following the Public Hearing on May 30,2016 E. Revised Project Data Table F. Bylaw No Redlined Version \\ i\f j L

5 Attachment A Page 1 of 8 THE CORPORATION OF DELTA BYLAW NO A Bylaw to amend the "Delta Zoning Bylaw No. 2750, 1977" The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as "Delta Zoning Bylaw No. 2750, 1977 Amendment (C.D. 465 Highmark Homes Ltd. LU007591) Bylaw No. 7557,2016". 2. "Delta Zoning Bylaw No. 2750, 1977" as amended is hereby further amended by: (a) inserting "465 Delta Zoning Bylaw No. 2750, 1977 Amendment (CD Highmark Homes Ltd. - LU007591) Bylaw No. 7557, 2016" in the correct numerical order in the LIST OF COMPREHENSIVE DEVELOPMENT BYLAWS in Part VillA; and (b) inserting the following zone in numerical order in Part VillA: "C.D.465 ZONE: COMPREHENSIVE DEVELOPMENT ZONE NO Permitted Uses: Subject to the General Regulations - Residential Zones in Part VI, the following uses and no other uses shall be permitted: Principal Uses: "Townhouse" Accessory Uses: 'Amenity, Open Space' 'Home Occupation' The keeping of 'Household Pets' 2. Interpretation: Notwithstanding the definition of 'Lot' in Part II Interpretations General, in this zone: 'Lot' means: (a) a parcel of land created by subdivision under the Land Title Act;

6 Attachment A Page 2 of 8 Bylaw No (b) (c) a parcel of land created by the filing in the Land Title Office of a bare land strata plan, but does not include any 'common property' or 'limited common property' (as those terms are defined in the Strata Property Act) associated with such parcel of land; or all the land within a strata plan other than a bare land strata plan as the case may be. 'Lot Line' means any line which forms the boundary of a 'Lot'. 'Strata Lot' means a parcel of land shown on a strata plan other than a bare land strata plan, but does not include any 'common property' or 'limited common property' (as those terms are defined in the Strata Property Act) associated with such parcel of land. 3. Setbacks: (a) The minimum 'Setbacks' for a principal 'Structure' and an 'Accessory Structure' shall be: Front (north): Rear (south): Side (west): Side on a 'Flanking Street' (east): Principal 'Structure' 6.0 metres 7.6 metres 4.5 metres 4.5 metres 'Accessory Structure' 7.5 metres 8.5 metres 5.5 metres 5.5 metres (b) Notwithstanding Section 3(a) of this zone: (i) a principal 'Structure' on a 'Flanking Street' may encroach into the front (north) 'Setback' area to no closer than 3.7 m from the front (north) property line; (ii) (iii) a balcony, porch or eaves attached to a principal 'Structure' on a 'Flanking Street' may encroach into the front (north) 'Setback' area to no closer than 3.1 metres from the front (north) property line; eaves of a principal 'Structure' may encroach into the required front, rear, side and side on a 'Flanking Street' 'Setback' areas by no more than 0.5 metre;

7 Attachment A Page 3 of 8 Bylaw No (iv) (v) (vi) balconies and porches may encroach into the required front and side on a 'Flanking Street' 'Setback' areas by no more than 1.3 metres, and into the rear 'Setback' area by no more than 1.9 metres to no closer than 5.8 m from the 'Rear Lot Line'; eaves of a porch 'Structure' attached to a principal 'Structure' may encroach into the required front and side on a 'Flanking Street' 'Setback' areas to no closer than 4.8 metres from the 'Front Lot Line' and 3.3 metres from the 'Side Lot Line' on a 'Flanking Street'; and bay and box windows and hutches may encroach into the required front, rear, side and side on a 'Flanking Street' 'Setback' areas by no more than 0.3 metres. 4. Height of Structure: Maximum Storeys Maximum 'Height' to the Roof Ridge for a 'Pitched Roof' building Maximum 'Height' to the 'Mid-Roof' or the top of a flat roof building Principal 'Structure' metres 10.0 metres 'Accessory Structure' metres 3.75 metres 5. Density: (a) Maximum Number of 'Dwelling Units': (b) Maximum 'Floor Space Ratio': (c) Maximum Gross Floor Area: ,570 square metres 6. Site Coverage: 'Site Coverage' shall not exceed 40% of the area of the 'Lot'.

8 Attachment A Page 4 of 8 Bylaw No Minimum Lot Size for Subdivision: (a) Subdivision under the Land Title Act or Bare Land Strata Regulations under the Strata Property Act: 'Lot' Area: 'Lot' Width: Average 'Lot' Depth: 8,400 square metres 140 metres 55 metres (b) Subdivision under the Strata Property Act other than a Bare Land Strata Plan: 'Strata Lot' Area: 130 square metres 8. Landscaping and Amenity. Open Space: (a) A minimum 295 square metres of 'Amenity, Open Space' shall be provided. (b) (c) The balance of the 'Lot' which is not occupied by buildings, parking areas, driveways and pedestrian ways shall be landscaped and maintained in good condition at all times. Notwithstanding Section 3(a) of this zone: (i) A trellis may be located in a required front, rear, side on a 'Flanking Street' 'Setback' area and shall not exceed a maximum width of 3.3 metres, depth of 1.2 metres, and height of 3.0 metres; and (ii) Play 'Structures' intended for recreational use within an 'Amenity, Open Space' area may be located within a required rear 'Setback' area to no closer than 4.5 metres from the 'Rear Lot Line'. (d) Fencing: Notwithstanding Section (b) of this bylaw: (i) A 'Fence' 1.8 metres in height shall be provided along the portions of a parcel which adjoins an RS, RD, RM, CD, or P zone, with the exception of the front and side on a 'Flanking Street' 'Setback' areas; and

9 Attachment A Page 5 of 8 Bylaw No (ii) A landscape strip of at least 1.5 metres in width, consisting of a thick hedge of hardy shrubs or evergreen trees not less than 1.2 metres in height at time of planting, and maintained in a healthy growing condition and in a neat and orderly appearance, may be substituted for a 'Fence' in the front and side on a 'Flanking Street' 'Setback' areas. 9. Off-Street Parking and Loading Requirements: Off-street parking and loading shall be provided, developed, and maintained in accordance with Sections 409, 410, and 411 and Part IX Off-Street Parking Regulations of this bylaw. 10. Other Regulations: (a) Outside Storage: The storage of goods or materials outside any building is prohibited. Any exterior storage of garbage or refuse must be in a commercial garbage container, which shall be enclosed with a decorative screen not less than 1.8 metres in height. (b) (d) (e) Lighting: Any lighting used to illuminate any parking areas shall be so arranged that all direct rays of light illuminate only the parking areas and not any adjoining premises. Overweight Vehicle Parking: No person shall park or store, or cause to be parked or stored, any commercial vehicle, equipment, trailer or similar conveyance which exceeds a licensed gross vehicle weight of 5,500 kilograms on any lot between the hours of 9:30 p.m. and 7:00 a.m. of the following day. Surface Finish: All parking areas and driveways shall be surfaced with asphalt, concrete or permeable paving so as to provide a surface that is durable and dust-free and shall be so graded and drained as to properly disperse all surface water. 11. Land Development: Notwithstanding any other provisions of this bylaw, the uses permitted by this bylaw shall be conditional upon the immediate availability and adequacy of those municipal facilities and services hereinafter set forth to serve the parcel of land and buildings, 'Structures', and uses to be erected, placed or undertaken thereon.

10 Attachment A Page 6 of 8 Bylaw No No use of land and no use of any building or 'Structure' thereon shall be deemed to be authorized by this bylaw and all uses otherwise permitted by this bylaw are hereby prohibited unless and until all of the following services and facilities have been provided and are immediately available and are adequate therefore to the standards set out as follows: (a) (b) Sanitary sewer, waterworks, on-site fire protection and drainage works to the standards set out in the 'Delta Subdivision and Development Standards Bylaw No. 7162, 2015' as amended from time to time; and Construction of all highways abutting and serv ing the land, including boulevards, landscaping, street lighting, underground wiring, sidewalks and transit service facilities, to the standards set out in the 'Delta Subdivision and Development Standards Bylaw No. 7162, 2015',' as amended from time to time." 3. "Delta Zoning Bylaw No. 2750, 1977" as amended is hereby further amended by rezoning the lands as shown outlined in bold and marked "Subject Properties" on Schedule attached hereto and forming part of this bylaw as C.D. 465 Comprehensive Development Zone No. 465 and by amending the "Delta Zoning Maps" referred to in Section 301 accordingly. READ A FIRST TIME the READ A SECOND TIME the PUBLIC HEARING HELD the READ A THIRD TIME the 16 th 16 th 30 th 30 th day of May, day of May, day of May, day of May, FINALLY CONSIDERED AND ADOPTED the day of,201. Lois E. Jackson Mayor Robyn Anderson Municipal Clerk

11 Attachment A Page 7 of 8 Bylaw No AAVE... - I-- I H I t> - I~ t> r ~ - I- Subject <'ii Il ~ Properties I I..., I AAVE I I r.l' ~ j ~ - to r.o I...,- 72AAVE 72 AVE / 72 AVE - I r-- - f-- t> t> r-- ~ ~ ~... ~H I I t--- - ~ r.o - 71AAVE ~ -... = I-- f-- c '--- I ;;: 71 AVE f-- sw 'e J - ~.LI ' ~-1 -~ I g; 71AAVE ~ - < t--- ~ I ~~:= - I--- r-~1--~= - 1 ';--- ~ This is Schedule to "Delta Zoning Bylaw No. 2750,1977 Amendment (C.D Highmark Homes Ltd. - LU007591) Bylaw No. 7557, 2016" Legal: P.I.D Lot 2 Except: The South 300 Feet; Section 13, Township 4, New Westminster District Plan Legal: P.I.D Lot 3 Except: Firstly: Part Subdivided by Plan Secondly: Part Subdivided by Plan 43656; Section 13 Township 4 New Westminster District Plan Legal: P.I.D Lot 15 Except: The South 138 Feet; Section 13 Township 4 New WestminsterDistrict Plan Legal: P.I.D Lot 395 Section 13 Township 4 New Westminster District Plan /

12 Attachment A Page 8 of 8 Bylaw No Legal: P.LD Strata Lot 1 Section 13 Township 4 New Westminster District Strata Plan NW428 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form 1 Legal: P.LD Strata Lot 2 Section 13 Township 4 New Westminster District Strata Plan NW428 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form 1 Legal: P.LD Lot 1 Section 13 Township 4 New Westminster District Plan Legal: P.I.D Lot 2 Section 13 Township 4 New Westminster District Plan Legal: P.I.D Lot 3 Section 13 Township 4 New Westminster District Plan 19707

13 Attachment B Page 1 of 2 THE CORPORATION OF DELTA BYLAW NO A Bylaw to authorize the Municipal Council under the provision of Section 546(2) of the Local Government Act to discharge a Land Use Contract WHEREAS Land Use Contract S.A. No was entered into between The Corporation of Delta and Vee Enterprises Ltd., and filed in the Land Title Office, New Westminster, British Columbia, on the 17th day of June 1975 under No. L48880; AND WHEREAS the owners of part of the land which is subject to the said Land Use Contract have requested that the said Land Use Contract be discharged as against: Parcel Identifier: Lot 395 Section 13 Township 4 New Westminster District Plan Parcel Identifier: Lot A Section 13 Township 4 New Westminster District Plan EPP52171 NOW THEREFORE the Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Delta (Highmark Homes Ltd. - LU007591) Land Use Contract Discharge Bylaw No. 7574, 2016". 2. The Land Use Contract between The Corporation of Delta and Vee Enterprises Ltd. registered in the New Westminster Land Title Office under No. L48880 is hereby discharged as against: Parcel Identifier: Lot 395 Section 13 Township 4 New Westminster District Plan Parcel Identifier: Lot A Section 13 Township 4 New Westminster District Plan EPP The Mayor and Municipal Clerk of The Corporation of Delta are hereby authorized to execute such documents on behalf of The Corporation of Delta as

14 Attachment B Page 2 of 2 Bylaw No may be necessary for the purpose aforesaid and to affix the Corporate Seal of The Corporation of Delta thereto. READ A FIRST time the READ A SECOND time the PUBLIC HEARING held the READ A THIRD time the THIRD READING RESCINDED the READ A THIRD TIME AS AMENDED the FINALLY CONSIDERED AND ADOPTED the 16 th day of May, th day of May, th day of May, th day of May, day of day of day of,201. Lois E. Jackson Mayor Robyn Anderson Municipal Clerk

15 Attachment C Page 1 of 1 RM1 Subject Properties I CI) RM1 ~ J-..-.l-..lll" M p PUBLIC NOTIFICATION AREA o.. ;;Om 1M.. SCALE G:\Current Development\LU FILES\LU007\LU007591\Drawings\LU00759LLOC,dwg, 9/29/20153:25:14 PM, SmithK

16 Attachment D Page 1 of 2! I I I Project No Garfield Drive -- Third Reading, Bylaw7470 Proje~t No.2,Application for La'nd Use Contract, Amendment F-ile No. LU Bylaw No Application by Audrey and Jeff Wiens for 'Land Use' Contract Amendment for the property located,at 7515 Garfield Drive, in order to 'allow ' construction of an addition to the existing house ' on the subject property. MOVED By Cllr. Kanakos,,, SECONDED By Cllr. Bishop, THAT DELTA (WIENS ;... LU007583) LAND USE CONTRACT AMENDMENT BYLAW NO. 7470, 2016 be given Third Reading~ Application for Land Use Contract Discharge CARRIED UNANIMOUSLY File No. LU Bylaw No Sheffield Place Application by David Bissonnette for Land Use Contract Discharge for the property located at 11361' Sheffield Place, in order to permit development of a new single family dwelling, ' I \Y -- Third Reading Bylaw 7588, Project No , 11568" 11576, 11588, 11592/11594, Avenue and 7167 and Street -- Third Reading Bylaw 7574 MOVED By Cllr. McDonald, SECONDED By Cllr. Kanakos, THAT DELTA (BISSONNETTE - LU007765) LAND USE CONTRACT DISCHARGE BYLAW NO. 7588, 2016 be given Third Reading. ' ' Application for Land Use Contract Discharge, Rezoning, Development Variance Permit and Development Permit CARRIED UNANIMOUSLY File No. LU Bylaw Nos & 7557 Application by Highmark Homes Ltd. for Land Use Contract Discharge, Rezoning, Development Variance Permit and Development Permit for the properties located at 11548, 11568, 11576, 11588, 11592/11594, Avenue and 7167 and Street, in order to perrnit consolidation of the subject properties and construction of a 40-unit, three-storey townhouse development. MOVE:D By Cllr. Kanakos, ' SECONDED By Cllr. McDonald, THAT DELTA (HIGHMARK HOMES LTD. - LU007591) LAND USE CONTRACT DISCHARGE BYLAW NO. 7574, 2016 be given Third Reading. CARRIED UNANIMOUSLY Regular Meeting - May 30, ,

17 Attachment 0 Page 2 of 2 -- Third Reading Bylaw 7557 MOVED ByGlir. Kanakos,. SECONDED By C IIr. Bishop, THAT DELTA ZONING BYLAW NO. 27~0, 1977 AMENDMENT (C.D HIGHMARKHOMES LTD. - LU007591) BYLAW NO. 7557, 2016 be given Third Reading.. CARRIED UNANIMOUSLY I' -- Motion Endorsed MOVED By Cllr. Campbell, SECONDED By Cllr. Bishop, A.. THAT the Offer to Purchase from B.C. Ltd. in respect of portions of the Delta-owned properties located at Avenue, Street and Street be approved ge'nerally in. the form included as Attachment M to the staff report dated May 9, 2016., B. THAT Greg Vanstone, Municipal Solicitor, be authorized to sign the Offer to Purchase on behalf of The Corporation of Delta, generally as presented in Attachment M to the staff report dated May 9, CARRIED UNANIMOUSLY., t -'- Motion Endorsed MOVED By Cllr Kanakos, SECONDED By Cllr. Bishop, THAT a report from the Engineering Department regarding traffic movements and options for improvements along the 72 Avenue corridor, including cost estimates, be prepared for Council consideration. ~ CARRIED UNANIMOUSLY t L ' J E. BYLAWS BYLAWS FOR THIRD READING LUC Discharges (Omnibus) (E.01). -- Recommendation Endorsed Report by the Community Planning and Development D.epartment dated May 11, 2016 regarding Land Use Contract Discharges (Omnibus). (File: LU & B/L 7523) MOVED By Cllr. Campbell, SECONDED By Cllr. Bishop, THAT third reading be given to Land Use Contract Discharge Bylaw No CARRIED UNANIMOUSLY Regular Meeting - May 30,

18 Revised Project Data for 11548, 11568, 11576, 11588, 11592, Avenue, and 7167 and Street (LU007591) Attachment E Page 1 of 2 Owners Avenue B.C. Ltd Avenue B.C. Ltd Avenue B.C. Ltd Avenue B.C. Ltd Avenue B.C. Ltd Avenue The Corporation of Delta Street The Corporation of Delta Street The Corporation of Delta Applicant Highmark Homes Ltd. Application Date August 19, 2015 Existing Proposed Regional Growth Strategy General Urban No change Designation OCP Designation: Schedule A: MR Multi-Unit Residential No change Schedule C.1 : MGR Medium Density Ground- No change (North Delta Area Plan) Oriented Residential Maximum Allowable Density 76 uph (30 upa) No change Density 6.5 uph (2.6 upa) 47.6 uph (19 upa) Development Permit Area CC Community Corridor A development permit for the form and character of the development is required Zoning 11548,11568,11576,11598 Comprehensive Development 72 Avenue; and 7167 and Zone No Street: RM1 Multiple- Family (Duplex) Residential 11588, Avenue: Land Use Contract S.A. No No. of Lots 8 lots 1 lot Total Site Area 9,218.5 m L (99,227 ff) 8,402 m L (90,438 W)* *Estimated following road dedication Permitted under RM1 and Proposed CD Zone No. 465 RS1 Zoning Maximum Permitted Floor Area Single Familv: Unit Areas: 40 threefrom m 2 (2,651 ft2) to' bedroom units ran~ing from 330 m 2 (3,552 ft2)* m 2 (1,426 ft ) to Duplex: m 2 (2,333 ft2) from 277 m 2 (2,982 ft2) to 370 m 2 (3,983 ft2)* Total Residential Area: *depending on lot size 6,557 m 2 (70,580 ft2)

19 Attachment E Page 2 of 2 Permitted under RM1 and RS1 Zoning Maximum No. of Storeys 2% Maximum Building Height to: Roof Ridge Mid-Roof Resident Parking Visitor Parking 9.5 m (31 ft) to roof ridge 8 m (26 ft) to mid-roof or top of flat roof Minimum Required 2.0 spaces per dwelling unit 0.2 visitor spaces per dwelling unit Tree Retention, Removal Required and Replacement Trees to be Removed: on-site trees and 4 street 94 on-site and 0 off-site trees based on 2 for 1 2 municipal trees replacement Tree replacement security Proposed CD Zone No m (40 ft) to roof ridge 10m (33 ft) to mid-roof or top of flat roof Proposed 2.0 spaces per dwelling unit (80 resident parking spaces in total) 0.2 visitor spaces per dwelling unit (8 visitor parking spaces in total - 6 full-sized, 2 small) Proposed 164 on-site replacement trees and $12,000 cash-in-iieu for 24 on-site replacement trees ($500 per tree) plus 4 replacement street trees To be determined by estimate from Landscape Architect Trees to be Retained: on-site and 8 off-site 4 municipal trees Street Trees One tree for every 9 m (30 ft) of street abutting the property Variances Zoning Bylaw: Tree retention security Required 20 new street trees; or $10,000 cash-in-lieu for 20 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) Required $28,000 Prop_osed 15 new street trees and $2,500 cash-in lieu for 5 street trees ($500 per tree) Proposed Section m (69 ft) 17.0 m (56 ft) Special Setback from the Centre Line of 72 Avenue G\Current Development\LU FILES\LU007\LU007591\CounclllAttachment D.docx - Thursday, June 08,2017,4:46:10 PM

20 A~tachment F Page 1 of 2 THE CORPORATION OF DELTA BYLAW NO A Bylaw to authorize the Municipal Council under the provision of Section 546(2) of the Local Government Act to discharge a Land Use Contract WHEREAS Land Use Contract S.A. No was entered into between The Corporation of Delta and Vee Enterprises Ltd., and filed in the Land Title Office, New Westminster, British Columbia, on the 17th day of June 1975 under No. L48880; AND WHEREAS the owners of part of the land which is subject to the said Land Use Contract have requested that the said Land Use Contract be discharged as against: Parcel Identifier: Lot 395 Section 13 Township 4 New Westminster District Plan :1 Parcel Identifier: Lot A Section 13 Township 4 New Westminster District Plan EPP52171 I I'!I, I I I I- I I il Parcel Identifier: Strata Lot 2 Section 13 Township 4 New Westminster District Strata Plan NW428 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form 1 NOW THEREFORE the Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Delta (Highmark Homes Ltd. - LU007591) ~and Use Contract Discharge Bylaw No , 2~16". 2. The Land Use Contract between The Corporation of Delta and Vee Enterprises Ltd. registered in the N~w Westminster Land Title Office under No. L48880 is hereby discharged as against:

21 Attachment F Page 2 of 2 Bylaw No Parcel Identifier: Lot 395 Section 13 Township 4 New Westminster District Plan Parcel Identifier: Lot A Section 13 Township 4 New Westminster District Plan EPP52171 Parcel Identifier: Strata Lot 1 Section 13 Tmvnship 4 New VVestminster District Strata Plan NW428 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form 1 Parcel Identifier: Strata Lot 2 Section 13 Township 4 Nevi Westminster District Strata Plan NW428 Together VVith An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form 1 3. The Mayor and Municipal Clerk of The Corporation of Delta are hereby authorized to execute such documents on behalf of The Corporation of Delta as may be -necessary for the purpose aforesaid and to affix the Corporate Seal of The Corporation of Delta thereto. READ A FI RST time the READ A SECOND time the PUBLIC HEARING held the READ A THIRD time the THIRD READING RESCINDED the 16 th day of May, th day of May, th day of May, th day of May, day of i!., I I. l:.., I READ A THIRD TIME AS AMENDED the FINALL Y CONSIDERED AND ADOPTED the. day of day of,201. Lois E. Jackson Mayor Robyn Anderson Municipal Clerk