City of Surrey ADDITIONAL PLANNING COMMENTS

Transcription

1 City of Surrey ADDITIONAL PLANNING COMMENTS File: Planning Report Date: July 25, 2011 PROPOSAL: OCP Amendment from Industrial to Urban NCP Amendment on a portion from Business Park to Special Residential and Public Open Space and Park Rezoning from A-1 to CD (based on RF-12 and RF-9S) in order to allow subdivision into 32 small single family lots and one (1) lot for open space purposes in South Westminster. LOCATION: A Avenue and A Avenue OWNER: Satnam Education Foundation, Inc. No. S51793 ZONING: A-1 OCP DESIGNATION: Industrial NCP DESIGNATION: Business Park and Public Open Space and Park

2 Staff Report to Council File: Additional Planning Comments Page 2 RECOMMENDATION SUMMARY By-law Introduction and set date for Public Hearing for: o OCP Amendment; and o Rezoning. DEVIATION FROM PLANS, POLICIES OR REGULATIONS Requires an OCP Amendment from Industrial to Urban. Requires an NCP Amendment of a portion from Business Park to Special Residential and Public Open Space and Park. Contrary to OCP policies supporting the preservation of industrial land. RATIONALE OF RECOMMENDATION On March 22, 2010, Council considered a Planning Report regarding the proposal at that time for the subject site, for 31 small single family lots and one lot for open space purposes. Council referred the application back to staff to work with the applicant in proposing a development that takes into account the Employment Land Strategy Live / Work Zones. The applicant proposes to construct and upgrade roads and services, and also proposes to dedicate a significant portion of the subject site as parkland to protect the riparian area. The proposal will result in the loss of designated Industrial land; however, some employment opportunities will be created through the live/work component of the project.

3 Staff Report to Council File: Additional Planning Comments Page 3 RECOMMENDATION To implement Council s previous directive, the Planning & Development Department recommends that: 1. a By-law be introduced to amend the OCP by redesignating the subject site from Industrial to Urban and a date for Public Hearing be set. 2. Council determine the opportunities for consultation with persons, organizations and authorities that are considered to be affected by the proposed amendment to the Official Community Plan, as described in the Report, to be appropriate to meet the requirement of Section 879 of the Local Government Act. 3. a By-law be introduced to rezone the subject site from General Agriculture Zone (A-1) to Comprehensive Development Zone (CD) and a date be set for Public Hearing. 4. Council instruct staff to resolve the following issues prior to final adoption: (a) (b) (c) (d) ensure that all engineering requirements and issues including restrictive covenants, dedications, and rights-of-way where necessary, are addressed to the satisfaction of the General Manager, Engineering; submission of a subdivision layout to the satisfaction of the Approving Officer; completion of environmental works and requirements from Senior Government Environmental Agencies, including the dedication of riparian areas and environmental enhancement works to the satisfaction of the City Environmental Coordinator and the General Manager, Parks, Recreation and Culture; finalization of a P-15 agreement with the City to ensure completion and maintenance of riparian enhancement works on dedicated lands, to the satisfaction of the General Manager, Engineering and the General Manager, Parks, Recreation and Culture; (e) provision of community benefit to satisfy the OCP Amendment policy for Type 2 OCP amendment applications; (f) (g) resolution of geotechnical and environmental issues related to the existing soil fill and the underlying peat soils on the site, to the satisfaction of the General Manager, Planning & Development; and registration of a Section 219 Restrictive Covenant on all proposed residential lots, notifying future owners of the following: i. engineered foundation requirements related to the geotechnical conditions, as well as measures and procedures regarding safe methane gas venting and information related to the environmental assessment of existing fill materials; ii. the applicable Building Code requirements that will be mandatory in order to facilitate the business uses permitted under the proposed CD Zone;

4 Staff Report to Council File: Additional Planning Comments Page 4 iii. iv. minimum Flood Construction Level (FCL) of 4.4 metres (14.4 ft.) geodetic; and potential smell from the subject site due to the methane gas venting and potential noise from neighbouring industrial uses. REFERRALS Engineering: School District: The Engineering Department has no objection to the project subject to the completion of Engineering servicing requirements as outlined in Appendix III. Projected number of students from this development: 11 Elementary students at Prince Charles Elementary School 5 Secondary students at L.A. Matheson Secondary School (Appendix IV) The applicant has advised that, if soil conditions permit, the dwelling units in this project are expected to be constructed and ready for occupancy by 2013 at the earliest. Parks, Recreation & Culture: Environmental Review Committee (ERC): The Parks, Recreation & Culture have accepted the applicant s proposal to dedicate proposed Lot 33 to the City for park purposes. The applicant is also required to submit cash-in-lieu for the 5% unencumbered parkland dedication. A P-15 Agreement is required for monitoring and maintenance of replanting in the dedicated riparian areas. The applicant is required to construct the half road fronting dedicated parkland. Parks also has some concerns about the pressure this project will place on existing Parks, Recreation and Culture facilities in the neighbourhood. The proposal was most recently presented to ERC on February 23, 2011 and again reviewed by staff on May 27, ERC, which includes a representative of the Department of Fisheries & Oceans (DFO), supports the application, provided a number of conditions are met including the full dedication to the City of the open space parcel (proposed Lot 33) and a P-15 Agreement for maintenance is completed.

5 Staff Report to Council File: Metro Vancouver: Additional Planning Comments Page 5 Due to the GVS & DD trunk sewer main which bisects the site, Metro Vancouver was consulted. Preliminary comments were received on April 1, 2009; however, a new referral was sent on May 27, 2011 to Metro Vancouver as a result of the change in the subdivision layout. Revised comments were not received prior the finalization of the Planning Report. A supplemental geotechnical report is required of the applicant and once received, will be forwarded to Metro Vancouver. Any requirements of Metro Vancouver must be addressed by the applicant prior to consideration of Final Adoption. SITE CHARACTERISTICS Existing Land Use: Vacant land with a number of Class B watercourses and the GVS & DD (Metro Vancouver) sanitary sewer trunk main that bisects the subject site. Adjacent Area: Direction Existing Use OCP/NCP Designation Existing Zone North (Across the unopened 106A Avenue right-of-way): Vacant single family lots, as well as single family lots occupied by small dwellings. Industrial in OCP / Business Park and Public Open Space and Park in NCP East (Across 125A Street): Single family lots. Urban in OCP RF IB East (Across BC Hydro rail right-of-way): South (Across the unopened 105A Avenue right-of-way): West (Across 124 Street): Vacant lots. Urban in OCP RF Vacant single family lots. Private elementary school completed and occupied. No building permit issued for the private secondary school. Urban in OCP / Business Park and Public Open Space and Park in NCP Industrial in OCP / Institutional in NCP A-1 CD (By-law No ) DEVELOPMENT CONSIDERATIONS Background At the March 22, 2010 Regular Council Land Use meeting, Council considered an initial Planning Report on the subject site, for an OCP Amendment, NCP Amendment and Rezoning to allow for subdivision into residential lots, all of which include a live/work component (Appendix XI). At the time, the applicant proposed a total of 31 residential lots and one (1) open space lot.

6 Staff Report to Council File: Additional Planning Comments Page 6 The initial Planning Report outlined the advantages and disadvantages of the proposal, and identified optional courses of action for Council s consideration. Council considered the Report, posed questions to staff and the owner/applicant, and subsequently passed the following motion: "That Council refer this application back to staff to work with the applicant, pursuant to the Employment Land Strategy Live/Work Zones." [RES. R10-432] Some significant issues were to be resolved in order for the application to proceed to Council with the necessary by-laws, including the following: o o o Verification the proposed development will not encroach within the riparian protection area, and provision of any landscape compensation to the satisfaction of the Department of Fisheries and Oceans (DFO); Revision of the proposed development to ensure that the project does not conflict with the existing Greater Vancouver Sewerage and Drainage District (GVS & DD) sanitary sewer trunk line which bisects the site; and Confirmation of proposed community benefit to satisfy the OCP Amendment policy for Type 2 OCP Amendment applications; Current Proposal The two (2) subject properties are located at and A Avenue, and have a combined site area of approximately 3.81 hectares (9.4 acres). The properties are zoned General Agriculture (A-1), designated Industrial in the Official Community Plan (OCP) and Business Park and Public Open Space and Park in the South Westminster Neighbourhood Concept Plan (NCP). The subject site is currently vacant and is encumbered by a number of Class B (yellowcoded) watercourses, two detention ponds, as well as a GVS & DD sanitary sewer trunk line, which traverses the site (Appendix X). A private institution (Khalsa School) is located directly west of the site across 124 Street. The Khalsa School development was approved by Council under Development Application No on June 25, The project includes an elementary and secondary school, as well as a number of associated uses including a child care centre, caretaker dwelling, auditorium and playfields. The applicant is proposing the following on the two (2) subject properties: o o o An OCP Amendment from Industrial to Urban (Appendix VII); An NCP Amendment of a portion from Business Park to Special Residential and Public Open Space and Park (Appendix VI); A Rezoning from A-1 to Comprehensive Development (CD based on RF-12 and RF-9S); and

7 Staff Report to Council File: Additional Planning Comments Page 7 o A subdivision into 32 small single family lots and one (1) open space lot. The proposed lots are between 13.4 and 14.0 metres (44 to 46 ft.) wide and are approximately 28 metres (92 ft.) deep. The proposed lot areas range from 366 to 388 square metres (3,940 to 4,176 sq.ft.). The proposed open space lot includes the eastern portion of the westerly lot ( A Avenue) and the whole of the easterly lot ( A Avenue). The two (2) portions will be consolidated (proposed Lot 33) and will be dedicated to the City to protect the riparian area. The total area of the proposed open space is approximately 2.12 hectares (5.26 acres), which represents approximately 56% of the subject site. All 32 of the proposed small single family lots will accommodate a live/work component, which allows each dwelling to operate a business such as low impact retail, office or similar service uses. Some examples of permitted businesses include video rentals, barbershops, accounting offices, and coffee shops. Additional Building Code requirements will apply to accommodate the business component. The applicant has agreed to provide a voluntary community benefit contribution for the 32 proposed single family live/work lots in the amount of $4,500 per lot for a total of $144,000. This contribution will be collected prior to the project being considered for Final Adoption. Environmental Issues The proposal was most recently presented to the Environmental Review Committee (ERC) on February 23, At ERC, the applicant requested the declassification and removal of a number of existing Class B watercourses on the subject site. ERC, which includes a representative of the Department of Fisheries & Oceans (DFO) reviewed the applicant s proposal and supports the project provided a number of conditions are met including the full dedication, to the City, of the open space parcel (proposed Lot 33) and a P-15 Agreement for maintenance is completed. Staff have worked closely with the applicant to achieve an appropriate subdivision layout in order to provide adequate protection of the riparian area. As a result, the applicant has agreed to dedicate the open space (proposed Lot 33) to the City. The open space is 2.12 hectares (5.26 acres) in size, and represents approximately 56% of the subject site. The applicant is required to install landscaping as habitat compensation due to the watercourses that are to be declassified and removed as part of the proposal. City Policy P-15 (Habitat Replacement on City Land) is required for maintenance purposes to ensure the landscaping is installed and maintained (Appendix VIII).

8 Staff Report to Council File: Additional Planning Comments Page 8 Employment Lands Strategy The Employment Lands Strategy (ELS) was approved by Council on November 24, The purpose of the ELS is to create a strategic vision for Surrey s employment lands. The vision provides a direction for how these lands should be managed in Surrey, with a particular emphasis on ensuring that there is an adequate supply to meet future needs. The ELS document identifies various methods to accommodate future employment demands through innovative planning. Mixed use alternatives like live/work developments are considered a positive approach to the City s employment generation objectives. The proposed development will create a total of 32 live/work lots, all of which will allow the dwellings to be utilized as both a home and a workplace. Each component is allocated a portion of the dwelling s floor space. The proposed CD By-law will allocate 30% of the dwelling s total floor space for the work component, if the owner wishes to pursue a business (see Appendix IX for proposed CD By-law). The Employment Lands Strategy outlines a number of positive community impacts associated with live/work developments. Several of these positive aspects which are applicable to the proposed development are noted in the table below: Positive Impacts Vehicle use reduction Sustainable development Business incubation Affordability and flexibility Live/work developments remove the need to commute to work, as owners may operate their business from their home. This represents a considerable reduction in vehicle costs and fuel emissions. The combination of the living and working environment in a single unit results in both a financial and an environmental savings, as a separate property or building is not required for the business to operate. The risks involved in starting and running a business are often enormous, and as such, are a major deterrent in operating a business. Live/work developments help to lower initial overhead costs and provide a greater chance for a business to operate and grow. Live/work developments can help to reduce the demand for both housing and commercial/office space, thus promoting affordability. These developments also afford flexibility, as a number of different businesses may operate to serve a specific neighbourhood. The Khalsa School is located directly west of the subject site, and the businesses and services from the live/work lots may potentially cater to patrons or employees of the school.

9 Staff Report to Council File: Additional Planning Comments Page 9 Proposed CD By-law (Appendix IX) The proposed CD By-law is based on the RF-12 Zone, but will also permit retail and service uses listed in the RF-9S Zone. Unlike the RF-12 Zone, which provides two different lot dimensions, the proposed CD Bylaw will have the following minimum requirements for lot size, lot width and lot depth: 365 square metres (3,929 sq.ft.), 13.4 metres (44 ft.), and 26 metres (85 ft.), respectively. All other aspects of the proposed CD By-law will be based on the RF-12 Zone. Lot Grading and Tree Preservation Preliminary lot grading plans were prepared and submitted by CitiWest Consulting Ltd. The plans were reviewed by staff and there are some concerns in regards to the amount of fill that is being proposed. The site is located within a floodplain. The applicant proposes to raise the existing site grade by 2.0 metres (6.6 ft.) to accommodate basements. Staff have expressed concerns regarding the proposal for basements on the proposed lots, given the poor soil conditions on the subject site. However, the applicant still wishes to pursue basements on all of the proposed lots. Further review is necessary. Any requirements or changes to the lot grading plans will be addressed prior to consideration of Final Adoption. A geotechnical report was prepared by Geo Media Engineering Ltd. on July 5, 2011 for the current proposal. The report indicates that from a geotechnical point of view, the proposed development is technically achievable. The geotechnical report is being reviewed by staff and a third-party (Thurber Engineering). The results of this review are forthcoming. The applicant will be required to address any recommendations made by staff and Thurber Engineering prior to consideration of Final Adoption. The recommendations may include the developer being responsible for the installation of foundation piles for the individual lots. The site has significant geotechnical challenges that will have to be addressed by the developer under the Servicing Agreement. A GVS & DD trunk main traverses the site and the developer will have to provide a supplemental geotechnical report for referral to and approval by Metro Vancouver. An Arborist Report, prepared on May 27, 2011, was submitted by Mike Fadum and Associates Ltd. (Appendix V). There were no protected trees identified on the subject site, and therefore, no protect trees are proposed for removal. The applicant is proposing to install a total of 96 trees on the 32 proposed live/work lots, which results in three (3) trees per lot. Additional trees and landscaping will be planted on the open space lot.

10 Staff Report to Council File: Additional Planning Comments Page 10 Neighbourhood Character Study and Building Scheme Tynan Consulting Ltd. prepared the Neighbourhood Character Study and Building Scheme. As there are no existing single family dwellings in the immediate neighbourhood, the design consultant proposes design guidelines that will reflect the nature of the proposed subdivision. The design consultant has been apprised that the building design guidelines must be revised prior to Final Adoption to include the RF-9S component. PRE-NOTIFICATION Pre-notification letters have been sent out three times (September 22, 2006, February 10, 2009 and March 5, 2010) for the development application. A development proposal sign was also installed on the subject site; however, no letters of concerns have been received regarding the proposal. A few telephone calls were previously received requesting additional information about the project, as well as the possible re-designation of some properties north of the subject site from Business Park to Single Family Lots. (Staff advised that the re-designation of the properties along Old Yale Road from Industrial to Urban (Single Family Lots) would be subject to the same concerns and requirements as the subject application, including Council approval.) PUBLIC CONSULTATION PROCESS FOR OCP AMENDMENT Pursuant to Section 879 of the Local Government Act, it was determined that it was not necessary to consult with any persons, organizations or authorities with respect to the proposed OCP amendment, other than those contacted as part of the pre-notification process. INFORMATION ATTACHED TO THIS REPORT The following information is attached to this Report: Appendix I. Lot Owners, Action Summary and Project Data Sheets Appendix II. Proposed Subdivision Layout Appendix III. Engineering Summary Appendix IV. School District Comments Appendix V. Summary of Tree Survey and Tree Preservation Appendix VI. NCP Redesignation Plan Appendix VII. OCP Redesignation Map Appendix VIII. Environmental Plan Appendix IX. Proposed CD By-law Appendix X. GVS & DD Sanitary Right-of-Way Plan Appendix XI. Initial Planning Report dated March 22, 2010

11 Staff Report to Council File: Additional Planning Comments Page 11 INFORMATION AVAILABLE ON FILE Geotechnical Study Prepared by Geo Media Engineering Ltd. dated July 5, original signed by Judith Robertson Jean Lamontagne General Manager Planning and Development DN/kms \\file-server1\net-data\csdc\generate\areaprod\save\ doc. 7/21/11 2:28 PM

12 APPENDIX I Page 1 Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: Mr. Roger Jawanda CitiWest Consulting Ltd. Address: 9030 King George Boulevard, Unit 101 Surrey, BC V3V 7Y3 Tel: (Work) (Fax) 2. Properties involved in the Application (a) Civic Address: and A Avenue (b) Civic Address: A Avenue Owner: Satnam Education Foundation, Inc. No. S51793 PID: Block 2 Section 20 Block 5 North Range 2 West New Westminster District Plan 517 (c) Civic Address: A Avenue Owner: Satnam Education Foundation, Inc. No. S51793 PID: Block 3 Except: Part On Plan With Fee Deposited 13896F Section 20 Block 5 North Range 2 West New Westminster District Plan Summary of Actions for City Clerk's Office (a) (b) Introduce a By-law to amend the Official Community Plan to redesignate the property. Introduce a By-law to rezone the property. \\file-server1\net-data\csdc\generate\areaprod\save\ doc. 7/21/11 2:28 PM

13 SUBDIVISION DATA SHEET Page 2 Proposed Zoning: CD (based on RF-12 and RF-9S) Requires Project Data GROSS SITE AREA Acres Hectares Proposed 9.4 acres 3.8 hectares NUMBER OF LOTS Existing 2 Proposed park lot SIZE OF LOTS Range of lot widths (metres) Range of lot areas (square metres) DENSITY Lots/Hectare & Lots/Acre (Gross) 13.4 metres (44 ft.) sq.m. (3,930 4,175 sq.ft.) 26.6 UPH / 10.7 UPA SITE COVERAGE (in % of gross site area) Maximum Coverage of Principal & Accessory Building 50% Estimated Road, Lane & Driveway Coverage 15.5% Total Site Coverage 65.5% PARKLAND Area (square metres) 21,295 sq.m. (5.26 acres) % of Gross Site 56% PARKLAND Dedication TREE SURVEY/ASSESSMENT MODEL BUILDING SCHEME HERITAGE SITE Retention BOUNDARY HEALTH Approval DEV. VARIANCE PERMIT required Road Length/Standards Works and Services Building Retention Others Required YES YES YES NO NO NO NO NO NO \\file-server1\net-data\csdc\generate\areaprod\save\ doc. 7/21/11 2:28 PM

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17 Tuesday, June 14, 2011 Planning School Enrolment Projections and Planning Update: The following tables illustrate the enrolment projections (with current/approved ministry capacity) for the elementary and secondary schools serving the proposed development. There are no new capital projects proposed at the elementary school and no new capital projects identified for the secondary school. Space utilization options are being considered to reduce capacity shortfall at Kwantlen Park Secondary and space surplus at LA Matheson Secondary. The proposed development will not have an impact on these projections. THE IMPACT ON SCHOOLS APPLICATION #: SUMMARY The proposed 32 Single family lots Prince Charles Elementary are estimated to have the following impact on the following schools: 500 Projected # of students for this development: Elementary Students: 11 Secondary Students: 5 September 2010 Enrolment/School Capacity Prince Charles Elementary Enrolment (K/1-7): 40 K Capacity (K/1-7): 40 K L. A. Matheson Secondary Enrolment (8-12): 1371 L. A. Matheson Secondary Nominal Capacity (8-12): 1400 Functional Capacity*(8-12); Projected cumulative impact of development in the last 12 months (not including the subject project) in the subject catchment areas: Enrolment Capacity Enrolment Elementary Students: 3 Secondary Students: 41 Total New Students: Capacity Functional Capacity *Functional Capacity at secondary schools is based on space utilization estimate of 27 students per instructional space. The number of instructional spaces is estimated by dividing nominal facility capacity (Ministry capacity) by 25.

18 MIKE FADUM AND ASSOCIATES LTD. VEGETATION CONSULTANTS SURREY TREE PRESERVATION SUMMARY Surrey Project No: Project Location: A Ave Surrey, BC Arborist: Mike Fadum ISA (PN-705A) Detailed Assessment of the existing trees or an Arborist s Report is submitted on file. The following is a summary of the tree assessment report for quick reference. 1. General Tree Assessment No protected trees exist within the developable portion of the parcel. 2. Summary of Proposed Tree Removal and Replacement Number of Protected Trees identified (A) 0 Number of Protected Trees declared hazardous due to natural causes (B) 0 Number of Protected Trees to be removed (C) 0 Number of Protected Trees to be retained (A-C) (D) 0 Number of Replacement Trees required (0 alder and cottonwood X 1 and 26 others X 2) (E) 0 Number of Replacement Trees proposed (F) 96 Number of Replacement Trees in deficit (E-F) (G) 0 Total number of Prot. and Rep. Trees on site (D+F) (H) 96 Number of lots proposed in the project (I) 32 Average number of Trees per Lot (H/I) (J) 3 3. Tree Survey and Preservation/Replacement Plan Tree Survey and Preservation Plan is attached. Summary and plan prepared and submitted by Mike Fadum and Associates Ltd. Date: June 2, 2011 Mike Fadum and Associates Ltd A Avenue, Delta BC, V4C 3L8 Phone , Fax

19 Appendix VI From Business Park to Special Residential From Business Park & Public Open Space and Park to Public Open Space and Park

20 126 St APPENDIX VIII Winram Rd 108 Ave 124 St IND Old Yale Rd IND Old Yale Rd URB 125 St 106A Ave 125A St IND to URB 106 Ave 125B St 105A Ave 105A Ave IND URB 105 Ave Bc Hydro (SWM) Rwy 125 St 125 St 104B Ave 125A St URB 104 Ave OCP Amendment Proposed amendment from Industrial to Urban

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22 CITY OF SURREY BY-LAW NO. A by-law to amend Surrey Zoning By-law, 1993, No , as amended THE CITY COUNCIL of the City of Surrey, in open meeting assembled, ENACTS AS FOLLOWS: 1. Surrey Zoning By-law, 1993, No , as amended, is hereby further amended, pursuant to the provisions of Section 903 of the Local Government Act, R.S.B.C c. 323, as amended by changing the classification of the following parcels of land, presently shown upon the maps designated as the Zoning Maps and marked as Schedule "A" of Surrey Zoning By-law, 1993, No , as amended as follows: FROM: GENERAL AGRICULTURE ZONE (A-1) TO: COMPREHENSIVE DEVELOPMENT ZONE (CD) Parcel Identifier: Block 2 Section 20 Block 5 North Range 2 West New Westminster District Plan A Avenue Parcel Identifier: Block 3 Except: Part On Plan With Fee Deposited 13896F Section 20 Block 5 North Range 2 West New Westminster District Plan A Avenue (hereinafter referred to as the "Lands") 2. The following regulations shall apply to the Lands: A. Intent This Comprehensive Development Zone is intended to accommodate and regulate low impact retail, office uses, eating establishments or services uses as an optional use within single family dwellings on small urban lots. B. Permitted Uses Land and structures shall be used only for the following use and customarily accessory uses only: - 1 -

23 1. One single family dwelling on each lot, which may contain 1 secondary suite. 2. The following uses may be permitted only in association with the uses permitted under Section B.1, provided that the floor area occupied by such uses does not exceed 30% of the floor area of the dwelling unit including basement, garage or carport, and further provided that such uses shall not be a singular use on the lot and shall be operated by the occupant of the said dwelling unit: (a) (b) (c) Personal service uses excluding body rub parlours; Office uses excluding social escort services and methadone clinics; General service uses excluding the following: i. Funeral parlours; ii. iii. iv. Banks and drive-through banks; Veterinary clinics; and Adult educational institutions; (d) Retail stores excluding the following: (i) (ii) (iii) (iv) (v). Adult entertainment stores; Secondhand stores and pawnshops; Convenience stores; Retail warehouses; and Flea markets; and (e) Eating establishments excluding the following: (i) (ii) Drive-through restaurant; and Eating establishment licensed by the Liquor Control and Licensing Act, R.S.B.C. 1996, chapter 267, as amended. C. Lot Area Not applicable to this Zone

24 D. Density 1. For the purpose of subdivision, the maximum unit density shall be 2.5 dwelling units per hectare [1 u.p.a.] and the dimensions of the lots created in a subdivision shall be in accordance with Sub-sections K.1(a) of this Zone. The maximum unit density may be increased to 25 dwelling units per hectare [10 u.p.a.] and Sub-section K.1(b) shall apply if amenities are provided in accordance with Schedule G of Surrey Zoning By-law, 1993, No , as amended. 2. (a) For the purpose of this Section and notwithstanding the definition of floor area ratio in Part 1 Definitions of Surrey Zoning By-law, 1993, No , as amended, all covered areas used for parking shall be included in the calculation of floor area ratio unless the covered parking is located within the basement; and (b) For building construction within a lot: (i) (ii) (iii) The floor area ratio shall not exceed 0.70, provided that, of the resulting allowable floor area, 35 square metres [380 sq.ft.] shall be reserved for use only as a garage or carport, which may be reduced to 20 square metres [215 sq.ft.] for a single attached garage or carport and further provided that the garage meets the dimensional requirements of Section H.5 of this Zone; The maximum floor area of a second storey of the principal building shall not exceed 80% of the floor area of the first storey including attached garage and that portion of any porch or veranda at the front that is covered by a sloped roof. The reduced floor area of the second storey shall be accomplished by an offset at the second storey level from either the front or side walls at the first storey level or a combination thereof; and Notwithstanding Sub-section D.2(b)i of this Zone, the maximum floor area of the principal building, inclusive of a garage or carport, shall be 260 square metres [2,800 sq. ft.]. E. Lot Coverage The lot coverage shall not exceed 50%

25 F. Yards and Setbacks Buildings and structures shall be sited in accordance with the following minimum setbacks: Use Setback Front Rear Side Side Yard Yard Yard Yard on Flanking Street Principal Building 6.0 m. 1 [20 ft.] 7.5 m. 3 [25 ft.] 1.2 m. [4 ft.] 2.4 m. [8 ft.] Accessory Structures m. [3 ft.] 0.0 m. [0 ft.] 6.0 m. [20 ft.] Measurements to be determined as per Part 1 Definitions, of Surrey Zoning By-law, 1993, No , as amended. 1 The front yard setback of the principal building may be reduced to a minimum of 4.0 m [13 ft.] for up to 50% of the width of the front of the principal building, or for the entire first storey or part thereof of the principal building, or for a principal building not exceeding 5.0 m [16 ft.] in building height, provided that the front yard setback of a garage shall be a minimum of 6.0 m [20 ft.]. The minimum 6.0 m [20 ft.] and the permitted 4.0 m [13 ft.] front yard setback may be further reduced to a minimum of 4.0 m [13 ft.] and 2.0 m [6 ft. 6 in.] respectively by an unenclosed and uninhabitable space such as a porch or veranda, provided that the said porch or veranda is covered from above and is an integral part of the principal building. 2 Accessory buildings and structures are not permitted within the front yard setback of the principal building. 3 The minimum rear yard setback of the principal building may be reduced to 6.0 metres [20 ft.] for a maximum of 50% of the width of the rear of the principal building. 4 A minimum separation of 5.0 metres [16 ft.] is required between the principal building and accessory buildings and structures exceeding 3.0 metres [10 ft.] in building height. G. Height of Buildings Measurements to be determined as per Part 1 Definitions of Surrey Zoning By-law, 1993, No , as amended. 1. Principal buildings: The building height shall not exceed 9.5 metres [31 ft.]

26 2. Accessory buildings and structures: The building height shall not exceed 3.0 metres [10 ft.] except that where the roof slope and construction materials of an accessory building are the same as that of the principal building, the building height of the accessory building may be increased to 5.0 metres [16 ft.]. H. Off-Street Parking 1. A minimum of 2 off-street parking spaces shall be provided, 1 of which may be in the driveway. 2. The width of a driveway on the lot shall not exceed 6.0 m [20 ft.]. 3. Where a secondary suite is constructed as permitted in accordance with Section B.1 of this Zone, one additional parking space shall be provided. The additional parking space for the secondary suite may be provided on the driveway on the lot. 4. When the driveway provides access to a single garage located at the front of the lot that accommodates only one vehicle and meets the stipulations of Section H.5 of this Zone, the paved portion of the driveway shall not exceed 4.5-metres [15 ft.] in width. 5. Notwithstanding the width of the parking space required for a single garage and a double garage in Sub-section B.1 of Part 5 Off-Street Parking and Loading/Unloading of this By-law, a single garage to accommodate only one vehicle or a double garage to accommodate two vehicles parked side by side in this Zone shall meet the following requirements: (a) (b) Single garage that accommodates one vehicle only: The maximum width of a garage shall be 4.0 m [13 ft.] measured between the interior faces of the side walls of the garage; and Double garage that accommodates two vehicles parked side by side: The maximum width of a garage, measured between the interior faces of the side walls of the garage, shall be 5.5 metres [18 ft.] in width, provided that the garage door opening must accommodate a garage door that is a minimum width of 5.0 metres [16 ft.]. 6. A triple garage to accommodate three vehicles parked side by side is not permitted. 7. Outside parking of vehicles ancillary to a residential use shall be limited to a maximum of 2 cars or trucks. 8. Outside parking or storage of campers, boats, or house trailers shall not be permitted

27 9. No parking is permitted on a corner lot within an area bounded by the intersecting lot lines at a street corner and a straight line joining points 6.0 metres [20 ft.] along the said lot lines from the point of intersection of the two lot lines. I. Landscaping 1. All portions of the lot not covered by buildings, structures, and non-porous or paved surfaces shall be landscaped. This landscaping shall be maintained. 2. Non-porous or paved surfaces, including a driveway, shall not cover more than 30% of the lot area that is not occupied by the principal and accessory buildings or structures. 3. At least 50% of the area of the required front yard shall be landscaped, which shall not include any non-porous or paved surfaces. J. Special Regulations 1. A secondary suite shall: (a) (b) Not exceed 90 square metres [968 sq.ft.] in floor area; and Occupy less than 40% of the habitable floor area of the building. K. Subdivision 1. (a) Where amenities are not provided in accordance with Schedule G of this By-law, the lots created shall conform to the minimum standards prescribed in Section K of Part 12 One-Acre Residential Zone (RA) of Surrey Zoning By-law, 1993, No , as amended; or (b) Where amenities are provided in accordance with Schedule G of Surrey By-law, 1993, No , as amended, the lots created shall conform to the minimum standards prescribed in Section K.2 of this Zone. 2. In areas other than those described in Sub-section D.1(a) of this Zone, the lots created through subdivision in this Zone shall conform to the following minimum standards: Lot Size Lot Width Lot Depth 365 sq. m. [3,929 sq.ft.] 13.4 m. [44 ft.] 26 m. [85 ft.] Measurements to be determined as per Part 1 Definitions, of Surrey Zoning By-law, 1993, No , as amended

28 L. Other Regulations In addition to all statutes, by-laws, orders, regulations or agreements, the following are applicable, however, in the event that there is a conflict with the provisions in this Comprehensive Development Zone and other provisions in Surrey Zoning By-law, 1993, No , as amended, the provisions in this Comprehensive Development Zone shall take precedence: 1. Definitions are as set out in Part 1 Definitions, of Surrey Zoning By-law, 1993, No , as amended. 2. Prior to any use, the Lands must be serviced as set out in Part 2 Uses Limited, of Surrey Zoning By-law, 1993, No , as amended and in accordance with the servicing requirements for the RF-12 Zone as set forth in the Surrey Subdivision and Development By-law, 1986, No. 8830, as amended. 3. General provisions are as set out in Part 4 General Provisions of Surrey Zoning By-law, 1993, No , as amended. 4. Additional off-street parking requirements are as set out in Part 5 Off-Street Parking and Loading/Unloading of Surrey Zoning By-law, 1993, No , as amended. 5. Sign regulations are as set out in Surrey Sign By-law, 1999, No , as amended. 6. Special building setbacks are as set out in Part 7 Special Building Setbacks, of Surrey Zoning By-law, 1993, No , as amended. 7. Building permits shall be subject to the Surrey Building By-law, 1987, No. 9011, as amended. 8. Subdivisions shall be subject to the applicable Surrey Development Cost Charge By-law, 2011, No , as may be amended or replaced from time to time, and the development cost charges shall be based on the RF-12 Zone

29 9. Tree regulations are set out in Surrey Tree Protection By-law, 2006, No , as amended. 3. This By-law shall be cited for all purposes as "Surrey Zoning By-law, 1993, No , Amendment By-law,, No.." READ A FIRST AND SECOND TIME on the th day of, 20. PUBLIC HEARING HELD thereon on the th day of, 20. READ A THIRD TIME ON THE th day of, 20. RECONSIDERED AND FINALLY ADOPTED, signed by the Mayor and Clerk, and sealed with the Corporate Seal on the th day of, 20. MAYOR CLERK \\file-server1\net-data\csdc\generate\areaprod\save\ doc. 7/21/11 10:53 AM - 8 -

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31 City of Surrey PLANNING & DEVELOPMENT REPORT File: PROPOSAL: Planning Report Date: March 22, 2010 OCP Amendment from Industrial to Urban NCP Amendment from Business Park to Special Residential and Parks & Open Spaces Rezoning from A-1 to CD (based on RF-12 and RF-9S) in order to allow subdivision into 31 small single family lots and one (1) park lot in South Westminster. LOCATION: OWNER: ZONING: A-1 OCP DESIGNATION: NCP DESIGNATION: and A Avenue Satnam Education Foundation Industrial Business Park and Parks & Open Spaces

32 Staff Report to Council File: Planning & Development Report Page 2 RECOMMENDATION SUMMARY Refer the application back to staff to work with the applicant and to bring forward conditions to proceed to Public Hearing. DEVIATION FROM PLANS, POLICIES OR REGULATIONS Requires an OCP Amendment from Industrial to Urban. Requires an NCP Amendment of a portion from Business Park to Special Residential and Parks & Open Spaces. Contrary to the Employment Lands Strategy. Contrary to the Economic Development Strategy. Contrary to OCP policies supporting the preservation of industrial land. RATIONALE OF RECOMMENDATION Although the proposal would result in a loss of industrial land, some employment opportunities may be possible through the proposed live/work component of the project. The riparian area will be protected as per the South Westminster Neighbourhood Concept Plan. The proposed development may be a reasonable transition between the adjacent uses.

33 Staff Report to Council File: Planning & Development Report Page 3 RECOMMENDATION The Planning & Development Department recommends that: 1. Council refer this application back to staff to work with the applicant and to bring forward conditions to proceed to Public Hearing. Comment on Recommendation This report is being forwarded to Council in advance of a full application review of the current proposal since it involves a significant policy-related decision. REFERRALS Engineering: School District: Parks, Recreation & Culture: Department of Fisheries and Oceans: Metro Vancouver: Economic Development Office: Engineering comments have been provided, however, are in need of subject to revisions as a result of a change to the proposal. Comments have not been requested at this time. Comments have not been requested at this time. Comments have not been requested at this time. Initial comments have been provided by Metro Vancouver stating the requirements to respect the right-of-way. Another referral will be sent to Metro Vancouver, if the application is approved to proceed by Council. The Economic Development Office does not support the application, as the proposal will compromise existing industrial/business park lands. SITE CHARACTERISTICS Existing Land Use: Vacant land with a number of Class B watercourses and the GVS & DD trunk sewer main bisecting the site. Adjacent Area: Direction Existing Use OCP/NCP Designation North (Across the unopened 106A Avenue right-of-way): Vacant single family lots, as well single family lots occupied with small dwellings. Industrial/Business Park and Parks & Open Spaces Existing Zone IB

34 Staff Report to Council File: Planning & Development Report Page 4 Direction Existing Use OCP/NCP Existing Zone Designation East (Across 125A Street): Single family lots. Urban in OCP RF East (Across BC Hydro rail Vacant lots. Urban in OCP RF right-of-way): South (Across the unopened 105A Avenue right-of-way): Vacant single family lots. Urban A-1 West (Across unopened 124 Street): Private elementary school completed and occupied. No building permit issued for the private secondary school. Industrial/Institutional CD (By-law No ) JUSTIFICATION FOR PLAN AMENDMENT The applicant has provided the following rationale to support the OCP and NCP amendments: A significant portion of the subject property is riparian area and will be preserved in its natural state and protected through land dedication or a restrictive covenant. The potential for industrial development on the site is restricted due to the existing creeks, ponding area and steep slopes. In addition, loading is restricted near the sanitary sewer right-ofway that bisects the site, limiting some industrial uses including storage uses. Due to the creek setback requirements, the actual land area proposed to be removed from the industrial base is 0.38 hectare (0.94 acre). The subject site is across from the new Khalsa School and the proposed residential use would help create a better interface with the school, and a reasonable transition between the industrial and residential uses in the area. The proposal would reduce the heavy truck traffic and noise pollution typically associated with industrial uses. The proposed live / work component of the project will potentially create more jobs than an industrial use. Additionally, many of the proposed lots may be bought by families of those that will attend the school. Staff Comments The Official Community Plan (OCP) includes policies which support the preservation of designated business and industrial lands in the City. A significant supply of land designated Industrial is located in the South Westminster area, and as such, it plays a vital role in helping to meet future economic development growth in the City. The construction of the South Fraser Perimeter Road, which will be an important truck route, will further increase the attractiveness of the South Westminster area for industrial development.

35 Staff Report to Council File: Planning & Development Report Page 5 The Official Community Plan (OCP) denotes the importance of ensuring an adequate land supply to facilitate long term economic growth in the City. In particular, the OCP indicates the need to preserve industrial land primarily for business development purposes, since it is estimated that an additional 1,000 to 1,500 acres of marketable industrial land would be needed to meet Surrey s economic development goals over the next 25 years. On September 8, 2008, the Economic Development Strategy was approved by Council. The objective of the strategy is to create local employment opportunities and a more balanced tax base. Of specific relevance to the current application is the importance placed in the protection of Surrey s industrial land base. The Economic Development Strategy lists this as one of Surrey s highest priorities for implementation. The Employment Lands Strategy (ELS) was approved by Council on November 24, The purpose of the ELS is to define a strategic vision for Surrey s employment lands. The vision provides a direction for how these lands should be managed in Surrey, with a particular emphasis on ensuring that there is an adequate supply to meet future demands. The following policies are applicable to the current application: o Industrial land shall be protected for industrial use. The current proposal will convert approximately 1.35 gross hectares (3.3 acres) of industrial land into residential (live/work) use. This will consist of small residential lots, which may incorporate small-scale retail, office, and service uses. The residual land (2.5 hectares / 6.1 acres) will be set aside for creek preservation. o Conversion from industrial uses to another employment use should only be permitted for local serving, ancillary retail, or commercial uses needed to support industrial activity. The current proposal may be a reasonable transition between the private elementary and secondary schools to the west and the Urban residential neighbourhoods to the south and east. However, contrary to the ELS, the proposed small lot development is unlikely to support or create greater industrial activity in the area in fact, it is likely to set a precedent for further residential uses to the north. Furthermore, accessory retail, office and commercial uses in this area may compromise the demand for these types of uses in the neighbouring areas that are designated for retail or commercial uses in the South Westminster NCP. o Integrated industrial / office uses may be considered in industrial areas provided industrial uses are not compromised and a series of other conditions are met. If approved, this proposal would further diminish the City s supply of industrial lands, and place additional pressure in the City s ability to meet future economic growth and development demands. However, given the unique location of the subject site (a transition between industrial, institutional and residential uses), and the limitations from the existing creeks and sewer right-of-way, there may be an opportunity to develop the site with a residential component that is more compatible with the neighbourhood and more consistent with the Employment Lands Strategy (i.e. live/work).

36 Staff Report to Council File: Planning & Development Report Page 6 DEVELOPMENT CONSIDERATIONS Background The subject properties, located at and A Avenue, are zoned General Agriculture (A-1), and have a combined site area of approximately 3.81 hectares (9.4 acres). The site is designated Industrial in the Official Community Plan (OCP) and Business Park and Parks & Open Spaces in the South Westminster Neighbourhood Concept Plan (NCP). The subject site is currently vacant and is encumbered by a number of Class B (yellow-coded) watercourses, two detention ponds, as well as a sanitary sewer trunk line, which traverses the site. According to the applicant, the sanitary sewer trunk line, which is owned and managed by the Greater Vancouver Sewerage and Drainage District (GVS & DD), is 6.1 metres (20 ft) wide. The registered right-of-way, however, is 58.1 metres (190.5 ft) wide with the trunk line itself generally located in the middle (Appendix IV). If Council allows the application to proceed, staff will undergo a full application review process, including a referral to Metro Vancouver, to ensure the trunk line is not compromised and the right-of-way is respected. The two (2) subject properties are located north of the BC Hydro (SWM) Railway, which separates the site from the residential neighbourhood upland, to the east. A private institution (Khalsa School) is located on the property directly west of the subject site, zoned CD By-law No The Khalsa School proposal was approved by Council on June 25, 2007 under Application No The project includes an elementary and a secondary school, as well as a number of associated uses including a child care centre, caretaker dwelling, auditorium and playfields on a 6-hectare (15 ac.) site. The owners of the Khalsa School site also own the two (2) subject properties currently under application. The applicant had originally proposed to rezone the 3.81-hectare (9.4 ac.) subject site from A-1 to RF-12 to subdivide into fifty-nine (59), 13.4-metre (44 ft.) wide small lots with 0.46 hectare (1.15 acres) of linear open space along the trunk sewer right-of-way. During discussions with the applicant, staff expressed a number of concerns over the suitability of the subject site for this proposal. Staff reminded the applicant of the concern raised during the processing of the private school proposal (application no ). Specifically, the concern regarding the potential loss of employment land, east of the school site. The amount of land on the south side of Old Yale Road between the school site and the rail right-of-way, which separates the current Industrial and Urban designations, is approximately eight (8) hectares (20 acres) of which approximately 6.3 hectares (15.5 acres) is designated Industrial. Responding to staff concerns and subsequent environmental studies of the site, the applicant modified the application to a 36-lot proposal, consisting of twenty-nine (29), 9-metre (29.5 ft.) wide RF-9S (i.e. live / work) lots, 7, 12-metre (39 ft.) wide small lots (based on the RF-12 Zone) and 2.5 hectares (6 acres) of "preservation area". Upon further consultation with staff, the application was revised to the current thirty-one (31), primarily 13.4-metre (44 ft.) wide small lots with live / work potential under a Comprehensive Development (CD) Zone (based on the RF-12 and RF-9S Zones), and 2.38 hectares (5.9 acres) of "preservation area".