The Corporation of Delta COUNCIL REPORT Regular Meeting. File No.: Bylaw 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 Bylaw No.: 7664 Date: March 30, 2017 Land Use Contract Discharge for Lyon Road (Mela Construction Ltd.) The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATIONS: A. THAT first and second readings be given to Land Use Contract Discharge Bylaw No B. THAT Land Use Contract Discharge Bylaw No be referred to a Public Hearing. C. THAT the owner satisfy the following requirements as a condition of final consideration and adoption: 1. Enter into a Section 219 Restrictive Covenant to prohibit secondary suites; and 2. Provide a tree retention security in the amount of $13,000. D. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development. PURPOSE: The purpose of this report is to present for Council's consideration Land Use Contract Discharge Bylaw No (Attachment A) for Lyon Road in order to reveal the underlying RS1 Single Family Residential zoning and allow construction of a new single family dwelling with an in-ground basement. A location map is provided in Attachment B. BACKGROUND: This m 2 (7,952 fe) site is flat. It contains an existing house which would be demolished. There are three trees located on the site. The site is surrounded by single family residential properties.

2 11214 Lyon Road (Mela Construction Ltd.) LU Page 2 of 3 March 30, 2017 Council Policy: The Official Community Plan designation for this site is SFR Single Family Residential, which is intended for individual ground-oriented single family units at a density of a maximum of 18 uph (7 upa). This designation is intended to provide single family housing for low urban density, including homes on large and conventional sized lots. The proposed development is consistent with the SFR Single Family Residential designation. It is Council's policy to discharge a land use contract whenever the opportunity arises. DISCUSSION: Proposal: The owners are proposing to construct a new single family residential dwelling on the subject property under the regulations of the underlying RS1 Single Family Residential zone. A land use contract discharge is required to complete the proposed construction. A project data table is ~rovided in Attachment C. The proposed above-ground floor area for the house is 307 m ~3,305 ft2) plus an in-ground basement of 159 m 2 (1,711 ft2), for a total floor area of 466 m (5,016 ft2). A secondary suite is not proposed. A site plan is provided in Attachment D. Community Consultation: A public notification letter about the proposal was sent on January 24, 2017 and a public notice sign was installed on the site on February 1,2017. To date, three written comments have been received citing concerns about the potential size of the dwelling, privacy concerns and parking issues in the neighbourhood. The owner has addressed the concerns through retention of large trees in the backyard in order to maintain backyard privacy, restricting second storey balconies to the front of the dwelling, and not building to the maximum floor space ratio permitted under the RS1 Single Family Residential zone and no secondary suite. As the subject property is located in Sunshine Hills area, staff recommend this application be referred to a Public Hearing. 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 under Land Use Contract S. A. No.2740 which was filed in the Land Title Office in 1975 under charge L A statutory building scheme was later added to the Land Title under charge L The owner is proposing to exceed the maximum 8 m (26 ft) height allowed under the land use contract by 0.22 m (0.72 ft). Rather than amend the land use contract, staff recommend that it be discharged to expose the underlying RS1 Single Family Residential zone. This would bring the property under current zoning regulations and would give the owner flexibility to make further alterations without a land use contract amendment. A total of eight properties n the notification area have discharged land use contracts (Attachment E).

3 11214 Lyon Road (Mela Construction Ltd.) LU Page 3 of 3 March 30, 2017 House Design: The immediate neighbourhood comprises older one-and-a-half and two-storey homes. The owner has submitted plans for the proposed dwelling (Attachment F). The proposed house includes an in-ground basement but no secondary suite. The proposed design features a varied roof line, and utilizes a mix of durable materials including stone, hardi-plank and cedar siding. The owner would be required to obtain a development permit under the ND14 North Delta Development Permit Area for intensive residential development. Tree Retention, Removal and Replacement: There are three trees on the subject property as shown on the site plan and 10 off-site trees, none of which are proposed to be removed (Attachment G). A tree retention security deposit of $13,000 would be required for both on-site and off-site trees. Implications: Financial Implications - The increased taxes from the construction of the addition would be minimal. CONCLUSION: The owner of Lyon Road has made an application for a land use contract discharge in order to allow the construction of a new single family house with an in-ground basement under the current regulations of the RS1 Single Family Residential zone. The proposed house design is consistent with the ND14 North Delta Development Permit Area Guidelines for Intensive Residential Development. It is recommended that Bylaw No be given first and second readings and that the application be referred to a Public Hearing. Jeff Day, P.Eng. Director of Community Planning & Development Department submission prepared by: Nick Danford, Planner ND/nd/ph ATTACHMENT: A. Bylaw No B. Location Map C. Project Data Table D. Site Plan E. North Delta Land Use Contract Discharges F. Building Elevations G. Tree Retention Plan g:currenl developmenllu fileslu008lu008179councilfirsl and second.docx, Thursday. March 30, 2017, 1 :42:08 PM

4 THE CORPORATION OF DELTA Attachment A Page 1 of 2 Revised Page 1 E.03 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 Commonwealth Savings Plan Ltd., and filed in the Land Title Office, New Westminster, British Columbia, on the 4th day of March, 1975 under No. L 14504; AND WHEREAS the owner 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 311 Section 13 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 (Mela Construction Ltd. - LU008179) Land Use Contract Discharge Bylaw No. 7664, 2017". 2. The Land Use Contract between The Corporation of Delta and Commonwealth Savings Plan Ltd. registered in the New Westminster Land Title Office under No. L is hereby discharged as against: Parcel Identifier: Lot 311 Section 13 Township 4 New Westminster District Plan 48030

5 Attachment A Page 2 of 2 Bylaw No 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,2017. READ A SECOND time the day of,2017. 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 Municipal Clerk

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7 Project Data for Lyon Road (LU008179) Attachment C Page 1 of 2 Owners Mela Construction Ltd. Applicant Mela Construction Ltd. (Karnail Josan) Application Date January 10, 2017 Existing Proposed Regional Growth Strategy General Urban No change Designation OCP Designation: Schedule A R One and Two Unit Residential No change Schedule B.3 ( Ladner Area SFR Single Family Residential No change Plan) Maximum Allowable Density 18 uph (7 upa) No change Density 13 uph (5 upa) No change Zoning Land Use Contract S.A RS1 Single Family (underlying zone is RS1 Single Residential Family Residential) No. of Lots 1 No change Lot Size m L (7,952 W) No change Lot Width 21.6 m (71 ft) No change Average Lot Depth 34.1 m (112 ft) No change Permitted under Land Use Proposed under RS1 Single Contract S.A Family Residential Zoning Maximum House Size SF Dwelling: SF Dwelling: No maximum floor area; house 307 m 2 (3,305 ft2) size based upon setbacks and In-Ground Basement: maximum height in land use 159 m 2 (1,711 ft2) contract. Total: 466 m 2 (5,016 ft2) Secondary Suite No No Maximum No. of Storeys Maximum Building Height to: Roof Ridge 8 m (26 ft) or 2.5 storeys, 8.2 m (27 ft) whichever is the lesser Mid-Roof 7.3 m (24.0 ft) Maximum Building Site Coverage Not included in land use 36.5% contract Maximum Impermeable Area Not included in land use 45.6% Coverage contract Off-Street Parking: Single Family Dwelling 2 spaces (50% enclosed) 2 spaces (100% enclosed) Secondary Suite Not applicable Not applicable

8 Attachment C Page 2 of 2 Tree Retention, Removal and Replacement Total Trees: 13 3 on-site and 10 off-site o municipal trees Trees to be Removed: 0 Required o replacement trees based on 2 for 1 replacement Proposed o replacement trees Trees to be Retained: 13 3 on-site and 10 off-site o municipal trees Street Trees One tree for every 9 m (30 ft) of street abutting the property Tree retention security Required $1,000 cash-in-lieu for 2 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) $13,000 Proposed $1,000

9 Attachment 0 Page 1 of 1 / / /~ DE("K ~5P~IT FOUNDATION KJosan Lyon Rd Delta Garage 15 4 R&@'.15" (31.0 ) Below Basement <01 /16" 2.1 '1m 4-111~~f 1.52m 3,,, ~ ~u; o~ 3~ <t, ~> 7 : _~r-2~~:~1i11-s;;--1~-4_"_4';'~~~=j-2i:~~~~"~~ad I ~/' I 61'-1" ~ m / / Client: KJOSAN ~1~O""-1_:1_:1=5~/~16" " m / / '-111/8' 1.51 m / ,Y CHy Pro!ed No: 6lte..oGatlcn: L.ycn Rd, Delta, BC

10 NORTH DELTA LAND USE CONTRACT DISCHARGES ~~~~~~ cp ~e. o~ ~~ <v~ -0» Il)::t (Oil) CD ()... ~ o :3 _CD... ;:t m G:Current Developmen~LU FILESlLUOO8LUOOBI79IDrawingslUOOBI79_LUC Discharges.dwg :55:07 AM. Chan

11 0" B FRONT ELEVATION RIGHT ELEVATION 5""""114"""-0" ;;l ~ t1: it ~!J REAR ELEVATION LEFT ELEVATION -0» ~~ -<0 ~ CD (') :::r Sui... 3 Elev 0 CD -:::l A-2....,... "T1

12 Attachment G Page 1 of 1 MIKE FADUM AND ASSOCIATES ltd. VEGETATION CONSULTANTS #105, SI. Surrey, BriUsh Columbia V3WOA6 Ph: (778) Fax: (778) Mobile: (604) mfadum@fadum.ca CUENT FILE NO. LOT 310 PROJEcrmlE TREE PRESERVATION AND PROTECTION PLAN LYON RD. DELTA. B.C. NOTE: DRIVEWAY TO FOLLOW!!XISTlflG GRADE OR HIGHER AND ON!!XI STING HARD SURFACE. gnsure ALL EXCAVATION FOR SERVICES IS oursioe TP1:S OTHERWISe TREE REMOVAL MAY Be WARRANTeD. REVISIONS: HOlE-NON DY4..AW m E3HA't'6 t tl ltemo'iso f'rqij ne~ Nom: CLEARANCE PRUNE USING SOUND ARSORICULTURAL PRACTICES. ReDUCE!!XCAVAnON OffSET. PRUNE ROOTS AT TIME OF EXCAVATION TO SOUND TISSUE AND USE SEST MANAGEMENT PRACTICES TO REDuce impact. HOI~ Ui!E I>OOt Ct!C«fWCIt«l (il«tj. """o"'os. S (';()N1mucrroTOIJJ.kl~I'N,. ""'. RI!AQ! SS rnus''o'rl'hlor~ NOlf;.AEPlAC!.l~UI' Jntes s.lwl CCtV'oou TO e«tnecltul.).no$('a1'ii $laa~. V"e:e;;:,sAtJlOlOCJTlOtfS10M OETEI'umroM vm"e»: STN;. SHEIlTTITLE T2 - TREE RETENTION PLAN LOT 218 () Copyright Rcse:/'VOd. This dfawiog.tind dl3:!igo I, the property of MI)(o Fadum and Assr:lciates ltd. "" moy 1101 b. f.proooco<! Of used for Q!hor Prolocta wilhoot their pconlsllo. DRAWN SGL LEGEND o TREE TO BE RETAINED (' ~ MINIMUM NO DISTURBANCE ZONE TREE PROTECTION FENCING,,_I SCALE AS SHOWN DATE JULY 15,2016 T-2 aheetlof'