The Corporation of Delta COUNCIL REPORT Regular Meeting. File No.: Bylaw No.: Land Use Contract Discharge at A Street (Dhillon)

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1 --- The Corporation of Delta COUNCIL REPORT Regular Meeting.02 To: Mayor and Council File No.: LU From: Community Planning & Development Department Date: July 10,2014 Bylaw No.: 7358 Land Use Contract Discharge at A Street (Dhillon) The following report has been reviewed and endorsed by the Chief Administrative Officer. iii RECOMMENDATIONS: A. THAT first and second readings be given to Land Use Contract Discharge Bylaw No B. THAT the requirement for a Public Hearing for Bylaw No be waived in accordance with Section 890(4) of the Local Government Act. C. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development. III PURPOSE: The purpose of this report is to present for Council's consideration Land Use Contract Discharge Bylaw No (Attachment A) to allow construction of a single family house on the property at A Street under current zoning regulations. A location map is provided in Attachment B. III BACKGROUND: Site Description and Context: " This m 2 (7,354 ft2) site is flat and contains an existing house which would be demolished. There are no trees located on the site. The site is surrounded by older, two-storey single family residential houses, and newer two-and-one-half storey houses. Council Policy: The Official Community Plan designation for this site is Residential Ground-Oriented - North Delta. This designation includes the uses of single family, duplex, townhouse, rowhouse and other forms of low-rise multiple-family residential. The front access to all dwelling units must be directly to the ground. Zoning within this designation may

2 A Street (Dhillon) LU Page 2 of 3 July 10, 2014 allow secondary suites in single family homes, but not in duplexes, townhouses, rowhouses or other forms of low-rise residential. Single Family Residential uses within this designation are permitted to have a maximum density of 30 units per hectare (12 units per acre) and a maximum height of two-and-one-half storeys. It is Council's policy to discharge a land use contract whenever the opportunity arises. III DISCUSSION: Proposal: The owners are proposing to construct a new single family house with an in-ground basement and a secondary suite on the subject property. A land use contract discharge is required to complete the application. A project data table is provided in Attachment C. Community Consultation: A public notification letter about the proposal was sent on June 2,2014 and a public notice sign was installed on the site on June 12, To date, no comments from neighbouring residents have been received. Should any comments be received, they will be provided to Council as on-table items. Land Use Contract Discharge: Delta is taking the opportunity to discharge land use contracts whenever possible to expose either the underlying zone or rezone to a current zone. For this property, the land was originally developed in 1976 under Land Use Contract SA No Staff recommend that the land use contract be discharged to expose the underlying RS1 Single Family Residential zone. This would bring the property under current zoning regulations and would give the owners flexibility to make further alterations without a land use contract amendment. The Local Government Act permits a local government to waive a Public Hearing for discharge of a land use contract bylaw if the use is consistent with the Official Community Plan. In this instance, the proposal is in keeping with the Official Community Plan designation of Residential Ground-Oriented - North Delta. Status of North Delta Development Area Permit: The subject property is located in the ND14 North Delta Development Permit Area for Intensive Residential Development. A development permit would be required for the proposed house construction. The development permit would be processed separately and would be issued by the Director of Community Planning & Development after the discharge of the land use contract. The owners have submitted design plans for a two-and-one-half storey house, with a double attached garage, in-ground basement and secondary suite (Attachment D). The secondary suite would only be allowed if the parking requirements in the "Delta Zoning Bylaw No. 2750, 1977" can be met and the owners enter into a restrictive covenant for the suite. The proposed house is consistent with the development permit area

3 A Street (Dhillon) LU Page 3 of 3 July 10, 2014 guidelines and issuance of the permit would take place after the discharge of the land use contract. Tree Retention, Removal and Replacement: There is an existing cedar hedge on the site that would be removed. Two new trees would be planted on the subject property. Implications: Financial Implications - There are no financial implications to Delta in relation to the proposed land use contract discharge. CONCLUSION: The owners of A Street have made an application for a land use contract discharge in order to allow construction of a new single family house with an in-ground basement and secondary suite. It is recommended that Bylaw No be given first and second readings and that the bylaw not be referred to a Public Hearing. Jeff Day, P.Eng. Director of Community Planning & Development Department submission prepared by: Nancy McLean, Planner NM/wl ATTACHMENTS: A. Bylaw No B. Location Map C. Project Data Table D. House Design and Site Plan G:\ClIrrent Development\LU FILES\LU007\LU007176\Colincil\First and second readings. docx-wednesday, July 16, 2014, 8:49:26 AM

4 THE CORPORATION OF DELTA Attachment A Page 1 of 2 BYLAW NO A Bylaw to authorize the Municipal Council under the provision of Section 930(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 Dumfries Development Ltd., and filed in the Land Title Office, New Westminster, British Columbia, on the 30 th day of March, 1976 under No. M26440; 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 412 Section 25 Township 4 New Westminster District Plan 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 (Dhillon - LU007176) Land Use Contract Discharge Bylaw No. 7358, 2014". 2. The Land Use Contract between The Corporation of Delta and Dumfries Development Ltd. registered in the New Westminster Land ritle Office under No. M26440 is hereby discharged as against: Parcel Identifier: Lot 412 Section 25 Township 4 New Westminster District Plan 52866

5 Bylaw No Attachment A Page 2 of 2 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 FIRST time the day of,2014. READ A SECOND time the day of,2014. PUBLIC HEARING held the day of,201. READ A THIRD time the day of,201. FINALLY CONSIDERED AND ADOPTED the day of,201. Lois E. Jackson Mayor Robyn Anderson A/Municipal Clerk

6 Attachment B Page 1 of 1 Location Map RM1 84AAVE 84 AVE G:\Current Developmenl\LU FllES\LUOO7\lUOO7176\Drawings\LU007176_loc.dwg, 28/05/ A2:OO PM. SmithK

7 Attachment C Page 1 of 2 Project Data for A Street (Dhillon) Owners Gurdev, Surinder,Gurinder and Harprit Dhillon Applicant Gurdev Dhillon Application Date May 22,2014 Existing Proposed Regional Growth Strategy General Urban No change Designation OCP Designation: Schedule A R One and Two Unit Residential No change Schedule C.1 (North Delta RG-ND Residential Ground- No change Area Plan) Oriented - North Delta Density 14.6 uph (5.9 upa) No change Development Permit Area ND14 North Delta Development No change Permit Area for Intensive Residential Development Zoning Land Use Contract S.A. No RS1 Single Family Residential No. of Lots 1 No change Lot Size m L (7,354 ftl) No change Lot Width 21.3 m (70 ft) No change Average Lot Depth 32 m (105 ft) No change Permitted under Land Use Proposed Contract SA No.2695 Land Uses Dwelling, Single Family House Dwelling, Single Family Home Occupation House The keeping of household pets Home Occupation Secondary Suite accessory to a Dwelling, Single Family The keeping of household pets Maximum House Size Single Family Dwelling: 298 m L (3,208 W)* Not defined except by setbacks, maximum storeys and height *plus additional in-ground limitations basement floor area of 97.4 m 2 (1,048 fe) Maximum No. of Storeys 2.5 or a height of 8 m (26 ft), 2.5 whichever is the lesser Maximum Building Height to: Roof Ridge 8 m (26 ft) or 2.5 storeys, 9.5 m (31 ft) whichever is the lesser Mid-Roof N/A 8 m (26 ft)

8 Attachment C Page 2 of 2 Tree Retention, Removal and Replacement Trees to be Removed: 0 Trees to be Retained: o on-site and 0 off-site Street Trees One tree for every 9 m (30 ft) of street abutting the property Required o replacement trees based on 2 for 1 replacement Tree replacement security Tree retention security Required $2,500 cash-in-lieu for 5 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) Proposed 3 new trees within $5,000 landscape security 0 0 Proposed $2,500 G:\Current Developrnent\LU FILES\LU007\LU007176\Council\Projecl Data Table,doGx

9 l Attachment D Page 1 of 2 "<to.. I :;; l/") <D I "<to Cl r-----t-----' s I IRi I I! iata I I I I I L.i J

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