(a) provision of a $3,000 Community Amenity Contribution to be used by Parks, Recreation and Culture for recreation facility improvements; and

Transcription

1 Os '~A ABBOTSFORD Report No. PDS COUNCIL REPORT Executive Committee June 23, 2016 File No: 3100/PRJ To: From: Subject: Mayor and Council James Bryndza, Planner Development Variance Permit application for the properties located at Lots 9 and 1 O Plan No. EPS Bakstad Road Owners: Potheco Development Ltd. (Directors: G. Boughen, H. Hedrick and J. Potoroka) RECOMMENDATIONS 1. THAT application 3100/PRJ for a development variance permit, as detailed in Report No. PDS , be approved in principle, and proceed for public comment at an upcoming Council Hearing; and If, after considering the comments and concerns of surrounding property owners and occupiers, Council wishes to proceed with Development Variance Permit No. 2031, as presented, the appropriate motion will be: 2. THAT Development Variance Permit No. 2031, as detailed in Report No. PDS , be approved for issuance subject to the following condition being satisfied prior to the Development Variance Permit being issued: (a) provision of a $3,000 Community Amenity Contribution to be used by Parks, Recreation and Culture for recreation facility improvements; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. SUMMARY OF THE ISSUE A Development Variance Permit (DVP) application has been received to allow reduced minimum front and side yard setbacks for two properties at Lots 9 and Bakstad Road (see Figures 1 to 5 and Attachment A). The two properties are part of a 13 unit strata development named Rock Cliff Park, located on Sumas Mountain. The existing front and side yard setbacks in the applicable Suburban Residential, Clustered Zone (SR-2) are both 7.5m and the applicant is proposing to reduce the minimum front yard setbacks for each lot by 1.5m to 6m and to reduce the minimum side yard setbacks for each lot by 4.5m to 3m. BACKGROUND Applicant: Owner: Homelife Glenayre Realty Ltd (Angela Clayton) Potheco Development Ltd. (Directors: Glenn Boughen, Henry Hedrick & Jeffrey Potoroka) L:\PRJ 16\PRJ \Council\Council Report\PDS docx

2 OCP Designation: Existing Zoning: Site Area: Legal Description: Current Uses: Country Suburban Residential, Clustered (SR-2) Lot 9: 1.19 ha (2.94 ac) Lot 10: 1.24 ha (3.06 ac) Lot 9: Lot 9 Sec 9 TWP 20 Plan EPS00244 Lot 10: Lot 10 Sec 9 TWP 20 Plan EPS00244 Vacant for future Single detached dwelling Surrounding Uses: N: Single detached dwelling (zoned SR-2) and Electoral Area "H" beyond; S: Single detached dwellings (zoned SR-2); E: Private Road and Single detached dwelling (zoned SR-2) Beyond; W: Large lots zoned SR-2 DISCUSSION Proposal 1. The applicant is proposing to vary the minimum front and side yard setbacks, which under the SR-2 Zone are both 7.5m, in order to allow a larger buildable area for single detached dwellings. The applicant originally proposed to vary both the front and side yards by 4.5m to 3m; however, staff were concerned that a 3m front yard setback would be out of character with the neighbouring houses and may not allow room for parking vehicles on the property outside of the garage. The Applicant agreed to amend their proposal so that the front yards for both lots would be reduced by only 1.5m to 6m. Staff support the revised proposal that would result in minimum front yard setbacks of 6m and minimum side yard setbacks of 3m (see Figure 5). Official Community Plan 2. The bare land strata subdivision within which the subject properties are located were approved under the Official Community Plan (OCP) for Sumas Mountain, Electoral Area "H" but are now designated as 'Country' in the 2016 OCP (see Figure 4). The 'Country' designation of the 2016 OCP is purposed to "Enable housing in a rural setting with 'acreage' or hobby farm character". The subject properties are below the general 2ha lot size identified under the Country designation as this was permitted under then governing OCP for Sumas Mountain, Electoral Area "H". Otherwise, the subject properties are consistent with the 2016 OCP. Existing Zoning 3. The subject properties are governed by the Sumas Mountain Rural Land Use Bylaw No and are zoned Suburban Residential, Clustered (SR-2), which permits low density residential development without secondary suites. The subject properties are consistent with the SR-2 Zone.

3 Report No. PDS Rational to Support the Application 4. The proposal to vary the minimum yard setbacks to 6m and 3m for the front and side yards, respectively, would permit development that is generally consistent with the character of the neighbouring houses and will have minimal impact on the surrounding neighbourhood. The additional buildable area will also permit flexibility for construction of the future single family dwellings, given the steep topography of the subject properties and their relatively narrow width compared to the surrounding wider properties. Community Amenity Contribution 5. In 2008, Council adopted resolution (E ), which directed staff to negotiate public amenities in conjunction with variance application requests on a case-by-case basis. In this instance, given that the subject properties are buildable under the existing zoning and site conditions, it is staffs opinion that a public amenity contribution is warranted. The applicant has offered to contribute $1,500 per lot ($3,000 total) as a Community Amenity Contribution. The applicant has requested that the contribution be directed to arena improvements at the MSA Arena. In consultation with the Parks, Recreation and Culture department, staff recommends that the $3,000 Community Amenity Contribution be allocated for general recreation facility improvements in order to provide flexibility for administering the funds. Other Considerations 6. Section 70(4) of the Strata Property Act states that if an owner wishes to increase the habitable part of a residential strata lot, and the unit entitlement of the strata lot is calculated on the basis of habitable area or on the basis of square footage, then such an amendment must be made to the Strata's Schedule of Unit Entitlement and be approved unanimously by the Strata corporation. As the subject strata development's unit entitlement is not calculated on the basis of habitable area or on the basis of square footage, approval of the strata corporation is not required. Communication Plan If supported by Council, the City will notify in writing the adjacent property owners and occupiers of the date and time of an upcoming Council Hearing. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION The proposed application is consistent with the City's Strategic Plan, Official Community Plan, Parks and Recreation Master Plan, Bicycle Master Plan and Transportation Master Plan.

4 SUBSTANTIATION OF RECOMMENDATION Staff recommends support for this application given it is generally consistent with the development pattern of the existing neighbourhood and is consistent with the Rural land use category of the OCP. Reviewr;J;& -/ Darren Braun Director of Development Planning Department Head Approval: Siri Bertelsen General Manager of Planning & Development Services Attachments: City Context Plan Figure 1: Location Plan Figure 2: Context Plan Figure 3: Zoning Figure 4: OCP Figure 5: Proposed Variance Attachment A: Draft DVP No. 2031

5 City Context Plan File: PDS Location: Lots 9 & Bakstad Road.l - j t - i + 'JI /

6 ~ ~9:,~~ ABBOTSFORD Planning & Development Services Lots 9 & Bakstad Road Figure 1 - Location Plan File No.: PRJ O 150 5l~-~--~~Meters N J.. ~ Date 6/16/2016

7 - - Trails --== jr~ ABBOTSFORD Planning & Development Services Lots 9 & Bakstad Road Figure 2 - Context Plan File No.: PRJ O 300 N ~"'--~--~~illlll J.. Meters f\ Date 6/14/2016

8 8 Electoral Area "H" 8 8 Subject Properties Os,~~ ABBOTSFORD Planning & Development Services Lots 9 & Bakstad Road Figure 3 - Zoning File No.: PRJ O 300 N ~~~--~-~~~-! J.. Meters ~ Date 6/14/2016

9 Subject Property Country Land Use - -=-============! i i1!1 jr ii I il i!!i li ij i!i ii " 1:!!i i!b==- ==== =~=-~=!!: =~ Country Rural - Open space Planning & Development Services Lots 9 & Bakstad Road Figure 4 - Draft 2016 OCP File No.: PRJ O 300 N ~,...-~.-~~~~! J.. Meters ~ Date 6/14/2016

10 Environmental Restrictive Covenant Area Subject Properties '.reposed variance resulting in the following minimum yard setbacks: Front: 6m Side: 3m ' I '. ' '',,\ \ '\ <o ' ' ' ' 7 \ \ \ ', ~-& /... Os ~~ ABBOTSFORD Planning & Development Services Lots 9 & Bakstad Road Figure 5 - Proposed Variance File No.: PRJ N ~--- Date 6/16/2016

11 Se '~A ABBOTSFORD ATTACHMENT A DEVELOPMENT VARIANCE PERMIT NO This Development Variance Permit No as applied for under File No. 3100/PRJ is issued to: POTHECO DEVELOPMENT LTD., INC.NO Simpson Road Abbotsford, BC V2T 6Y7 as the owner (the "Permittee") and shall apply only to ALL AND SINGULAR that certain parcel or tract of land within the City of Abbotsford ("the City") described below, and any and all buildings, structures and other development thereon: Parcel Identifier: Legal Description: STRATA LOT 9 SECTION 9 TOWNSHIP 20 NEW WESTMINSTER DISTRICT STRATA PLAN EPS244 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V AND Parcel Identifier: Legal Description: STRATA LOT 10 SECTION 9 TOWNSHIP 20 NEW WESTMINSTER DISTRICT STRATA PLAN EPS244 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V (the "Land") 2. This Development Variance Permit is issued pursuant to and in accordance with the applicable bylaws of the City and is issued subject to compliance with all of the bylaws of the City except as specifically varied by this Permit. 3. Sumas Mountain Rural Land Use By-law No Section shall be varied to reduce the minimum front yard and minimum side yard for siting buildings on the subject properties that are zoned Suburban Residential, Clustered - SR-2 from: 7.5m to 6m for minimum front yard 7.5m to 3m for minimum side yard 4. This Permit does not constitute subdivision approval, a Soil Removal/Deposit Permit, a Tree Removal Permit or a Building Permit and does not entitle the Permittee to undertake any work without the necessary approvals or permits. Site work must be in compliance with the Soil Deposit/Removal Bylaw and the Tree Protection Bylaw; other works must be constructed in accordance with engineering plans and specifications acceptable to the City's General Manager of

12 Page 2 of 2 Development Variance Permit No Engineering; and buildings and structures can only be altered, changed in occupancy or constructed in accordance with the B.C. Building Code following issuance of a Building Permit. 5. This Permit expires two years from the date of issuance, as provided for in the Local Government Act, Section 926. AUTHORIZING RESOLUTION PASSED by Abbotsford City Council on the -----' day of THIS PERMIT IS ISSUED this day of, The Corporate Seal of the CITY OF ABBOTSFORD was hereunto affixed in the presence of: Mayor, Henry Braun Corporate Officer, William Flitton