MEMORANDUM. Marcy Sangret Director of Community Planning & Development. Karl Preuss, Acting City Manager

Transcription

1 MEMORANDUM E.02 City of Delta Community Pl anning & Development To: From: Date: Subject: File No.: cc: Mayor and Council Marcy Sangret Director of Community Planning & Development August 1, 2018 Final Consideration and Adoption of Bylaws No and 7599 and Issuance of Development Variance Permit LU at Avenue (Malhi) LU Karl Preuss, Acting City Manager The following report has been reviewed and endorsed by the Acting City Manager. RECOMIVIENDATIONS: A. THAT Bylaw No be finally considered and adopted. B. THAT Bylaw No be finally considered and adopted. C. THAT Development Variance Permit LU be issued. BACKGROUND: This application involves a proposal to subdivide the subject property in order to allow subdivision into two single detached residential lots and the development of a new single detached dwelling on each lot. The proposed new houses would not have secondary suites, as the lot widths and parking layout would not comply with Delta's secondary suite parking requirements. Bylaw No (Attachment A) would amend the designation for the subject property in the Tsawwassen Future Land Use Plan in Schedule 0.1 of the Official Community Plan from Single Family Residential (SFR) to Infill Single Family Residential (ISF) in order to allow the proposed density of 21 uph (8.5 u pa). First and Second Readings: Public Hearing: Third Reading: Third Reading Extension December 12, 2016 January 23, 2017 January 23, 2017 February 26, 2018

2 City of Delta Community Pl anning & Development Subject: Avenue (Malhi) File No: LU Page 2 of 2 Bylaw No (Attachment B) would rezone the subject property from RM 1 Multiple Family (Duplex) Residential to RS6 Single Family (460 m2) Residential on Lot 1 and RS8 Single Family (390 m2) Residential on Lot 2 under "Delta Zoning Bylaw No. 2750, 1977". First and Second Readings: Public Hearing: Third Reading: Third Reading Extension: December 12,2016 January 23, 2017 January 23, 2017 February 26, 2018 Development Variance Permit LU would vary Section 305 of "Delta Zoning Bylaw No. 2750, 1977" in order to reduce the minimum front setback averaging requirement for the principal structure on proposed Lot 2 from 7.3 m (24 ft) to 6.6 m (22 ft). A project data table and an excerpt of the meeting minutes from the January 23, 2017 Meeting Following the Public Hearing are provided as Attachments C and D. The applicant has satisfied the requirements for final consideration and adoption of Bylaws No and 7599 and issuance of Development Variance Permit LU /'-;"1,.L C /laa "I. ~ ~ :;~~ { r -~~ ~ ~ Marcy Sangret Director of Community Planning and Development Department submission prepared by: Susan Elbe, Planner SE/mb/cd ATTACHMENTS: A. Bylaw No B. Bylaw No C. Project Data Table D. Excerpt of Minutes from January 23, 2017 Meeting Following the Public Hearing G:ICurrent Deveiopil1 entllu FI LESILU0071LU00787 t llcolincillfin 81 LU docx - Wfnlne clay. Allgust 01, :12 AM

3 Attachment A Page 1 of 2 THE CORPORATION OF DELTA BYLAW NO A Bylaw to amend "The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985" WHEREAS the Council of The Corporation of Delta has adopted an Official Community Plan pursuant to Section 472 of the Local Government Act: NOW THEREFORE, 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 "The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985 Amendment (Malhi - LU007874) Bylaw No. 7598, 2016". 2. "The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985", as amended, is hereby further amended by changing the land use designation of the lands outlined in bold and marked "Subject Property" on Schedule to this bylaw from SFR Single Family Residential to ISF Infill Single Family Residential and amending the Tsawwassen Future Land Use Plan in Schedule 0.1 and the Tsawwassen Future Land Use Plan inset on the Future Land Use Plan in Schedule A accordingly. READ A FIRST time the 12th day of December, READ A SECOND time the 12th day of December, PUBLIC HEARING held the 23 rd day of January, READ A THIRD time the 23 rd day of January, THIRD READING EXTENSION APPROVED the 26 th day of February, FINALLY CONSIDERED AND ADOPTED the day of, 201. Lois E. Jackson Mayor Robyn Anderson Municipal Clerk

4 Bylaw No Attachment A Page 2 of AVE - -- o SCALE 50m This is Schedule to 'The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985 Amendment (Malhi - LU007874) Bylaw No. 7598, 2016" Legal: P.I.D Lot 26 District Lot 170 Group 2 New Westminster District Plan 19638

5 Attachment B Page 1 of 3 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 (Malhi - LU007874) Bylaw No. 7599, 2016". 2. "Delta Zoning Bylaw No. 2750, 1977", as amended, is hereby further amended by rezoning the lands outlined in bold and marked "Subject Property" on the map attached hereto as Schedule "A" as follows : a) Lands within the area marked "RS6" to "RS6 Single Family (460 m 2 ) Residential"; and b) Lands within the area marked "RS8" to "RS8 Single Family (390 m 2 ) Residential" and by amending the "Delta Zoning Maps" referred to in Section 301 accordingly.

6 Bylaw No Attachment B Page 2 of 3 READ A FIRST time the 12th day of December, READ A SECOND time the 12th day of December, PUBLIC HEARING held the 23 rd day of January, READ A THIRD time the 23 rd day of January, THIRD READING EXTENSIOI\l APPROVED the 26 th day of February, FINALLY CONSIDERED AND ADOPTED the day of,20 Lois E. Jackson Mayor Robyn Anderson Municipal Clerk

7 Bylaw No Attachment B Page 3 of 3 + I I I I, 16 AVE RS6:RS o - -===- SCALE 50m This is Schedule "A" to "Delta Zoning Bylaw No. 2750, 1977 Amendment (Malhi - LU007874) Bylaw No. 7599, 2016" Lega I: P.1. D Lot 26 District Lot 170 Group 2 New Westminster District Plan 19638

8 Project Data for Avenue (LU007874) Attachment C Page 1 of 2 Owners Kulwant and Rauni Malhi Applicant Kulwant Malhi Application Date June 2, 2016 Existing Regional Growth Strategy General Urban Designation OCP Designation:. Schedule A R One and Two Unit Residential Schedule 0.1 (Tsawwassen SFR Single Family Residential Area Plan) Maximum Allowable Density 18 uph (7 upa) Density 10.5 uph (4.2 upa) Development Permit Area Zoning (Delta Zoning Bylaw No. RM1 Multiple Family (Duplex) 2750, 1977) Residential No. of Lots 1 Lot Size 958 m 2 (10,312 ft2) Lot Width Average Lot Depth 25.6 m (84 ft) 33.5 m (110 ft) Permitted under RM1 Zone Maximum House Size Single Family Dwelling : m 2 (3,579 ft2)* Proposed No change No change ISF Infill Single Family Residential 27 uph (11 upa) 21 uph (8.5 upa) Lot 1: RS6 Single Family (460 m 2 ) Residential Lot 2: RS8 Single Family (390 m 2 ) Residential 2 Lot 1: 511 m 2 (5,500 ff) Lot 2: 442 m 2 (4,758 ft2) *followinq road dedication Lot 1: 15.4 m (51 ft) Lot 2: 13.2 m (43 ft) Lot 1: 30.5 m (100 ft)* Lot 2: 33.5 m (110ft) *following road dedication and corner truncation Proposed under RS6 and RS8 Zones Lot 1: m 2 (2,581 ft2)* Lot 2: m 2 (2,378 ft2)* Duplex: m 2 (4,095 ft2)* *In-ground basements not permitted in this area Secondary Suite Yes (for single family dwelling only) Maximum No. of Storeys: Single Family Dwelling or Vertical Duplex 2% Side-by-Side Duplex 1 % No 2

9 Attachment C Page 2 of 2 Maximum Building Height Single Family Dwelling or Vertical Duplex to: Roof Ridge Mid-Roof or top of a flat roof Side-by-Side Duplex to: Roof Ridge Mid-Roof or to~ of a flat roof Maximum Building Site Coverage Maximum Impermeable Area Coverage Off-Street Parking: Single Family Dwelling Secondary Suite Variances Zoning Bylaw: Section 305 Front Setback Averaging Tree Retention, Removal and Replacement Trees to be Removed: 0 Trees to be Planted: 3 Trees to be Retained: 8 7 on-site and 1 off-site o municipal trees Street Trees One tree for every 9 m (30 ft) of street abutting the property Permitted under RM1 Multiple Zone 9.5 m (31 ft) 8.0 m (26 ft) 7.3 m (24 ft) 4.8 m (16 ft) 40% 60% 2 spaces (50% enclosed) 1 space Required Lot 2: 7.3 m (24 ft) Required o replacement trees based on 2 for 1 replacement Tree planting security Tree retention security Required $3,000 cash-in-lieu for 6 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) Proposed under RS6 and RS8 Residential Zones Lots 1 and 2: 7.6 m (25 ft) to top of flat roof 39.6% Lot 1: 49% Lot 2: 55% 2 spaces (50% enclosed) Proposed Lot 2: 6.6 m (22 ft) Proposed $1,500 $8,000 Pro~osed $3,000 I Ie lirrt:11i U v.icoi\if! 11; 1'1 II [, Illl TilU On:1 ( 1111 d\f III [! II II x fllill" ",lllil' 1'0 (JI (0 r I

10 Attachment 0 Page 1 of 1 Council requested that in future for developments of this nature, visuals of the existing trees be provided. In response to a Council query, the Chief Administrative Officer noted that a tree canopy study is completed every two years. The last report acknowledged concerns regarding the loss of tree canopy in Delta. Staff will provide Council with an update regarding the next tree canopy study which is scheduled for In response to a Council query, the Deputy Director of Planning noted that the corner lot is 13.5 m wide. The map provided reflects a 10.5 m wide lot with a 3 m corner truncation. Project No Avenue Third Reading Bylaw 7598 Third Reading Bylaw 7599 Application for Official Community File No. LU Plan Amendment, Rezoning and Bylaw Nos Development Variance Permit & 7599 Application by Kal Malhi for Official Community Plan Amendment, Rezoning and Development Variance Permit for the property located at Avenue, in order to permit subdivision and development of two single family residential lots. MOVED By Cllr. Bishop SECOf\IDED By Cllr. Campbell, THAT "The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985 Amendment (Malhi - LU007874) Bylaw No. 7598, 2016" be given Third Reading. CARRIED UNANIMOUSLY MOVED By Cllr. Campbell, SECONDED By Cllr. Bishop, THAT "Delta Zoning Bylaw No. 2750, 1977 Amendment (Malhi - LU007874) Bylaw No. 7599, 2016" be given Third Reading. CARRIED UI\JAI\JIMOUSLY Project No Avenue Application for Rezoning and File No. LU Development Variance Permit Bylaw No Application by H. Smid Enterprises Ltd. for Rezoning and Development Variance Permit for the property located at Avenue, in order to permit subdivision and development of two single family residential lots. Meeting Following Public Hearing - January 23,