" F.14 The Corporation of Delta COUNCL REPORT Regular Meeting To: Mayor and Council File No.: LU007731 From: Community Planning & Development Department Date: April 11, 2016 Rezoning, Development Variance Permit and Subdivision for 11490 90 Avenue (A. Walia Enterprises nc.) The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATON: THAT the application to rezone the property at 11490 90 Avenue to permit subdivision into three single family lots and the application for a development variance permit related thereto be denied. PURPOSE: The purpose of this report is to present for Council's consideration an application for rezoning and a development variance permit to allow subdivision of the subject property at 11490 90 Avenue into three single family lots. A location map is provided in Attachment A. BACKGROUND: Site Description and Context: This 2,027 m 2 (21,818 ft2) site slopes down gently from southeast to northwest. t contains a house which would be demolished. There are six trees located on the subject property. The site is surrounded by single family dwellings. Council Policy: The Official Community Plan designation for this site is SF(ND) nfill Single Family Residential (North Delta). This designation is intended for individual ground-oriented single family units at a maximum density of 30 units per hectare (12 units per acre). This designation is intended to provide design flexibility in order that higher density single family dwellings can fit into existing single family neighbourhoods. The proposed subdivision is consistent with the SF(ND) nfill Single Family Residential (North Delta) designation.
1149090 Avenue (A. Walia Enterprises nc.) LU007731.. DSCUSSON: Page 2 of 4 April 11,2016 Proposal: The owner is proposing to subdivide the subject property into three single family lots (Attachment B). The existing house would be demolished and three new homes with in-ground basements and secondary suites are proposed (Attachment C). All three proposed houses would have 270 m 2 (2,906 ff) of above-ground floor area, plus an in-ground basement of approximately 120.8 m 2 (1,300 ff) for a total house size of 390.8 m 2 (4,207 ff). Rezoning and a development variance permit are required to complete the subdivision. A project data table is provided in Attachment D. Community Consultation: A public notification letter about the proposal was sent on February 25,2016 and a public notice sign was installed on the site on March 9, 2016. To date, there have been no comments from area residents. Rezoning: The owner wishes to rezone their property from RM1 Multiple Family (Duplex) Residential to RS8 Single Family (390 m 2 ) Residential. The lot width for proposed Lots 1 and 3 is 13 m (43 ft) and for proposed Lot 2 is 14.3 m (47 ft). The lot widths in the neighbourhood range from 13.4 m (44 ft) to 34.7 m (114 ft) (Attachment E). Two of the proposed lot widths are lower than the range in the area, and Lot 2 is at the low end of the range. The lot area for proposed Lot 1 is 653.9 m 2 (7,039 ft2); for proposed Lot 2, 718.9 m 2 (7,738 ft2); and for proposed Lot 3,654.3 m 2 (7,043 ft2). The lot areas in the neighbourhood range from 559 m 2 (6,017 ft2) to 1,809 m 2 (19,472 ft\ and the proposed lot areas are within that range. Development Variance Permit: The owner is requesting a development variance permit to vary Section 305 in "Delta Zoning Bylaw No. 2750, 1977" by varying the front setback averaging requirements for the principal structures on all lots to 6.5 m (21 ft) from the required setbacks ranging from 6.5 m (21 ft) to 9.6 m (1 ft). A comparison of front setbacks on surrounding properties on 90 Avenue is shown in Attachment F. The setbacks of the existing houses in the area range from 5.9 m (19 ft) to 19.6 m (64 ft). There is no consistent front setback pattern on 90 Avenue, and there are nearby properties with front setbacks that are less than the proposed 6.5 m (21 ft) setback. The proposed front setback would meet the minimum requirement of 6.5 m (21 ft) in the RS8 Single Family (390 m 2 ) Residential zone.. A variance is recommended by staff to the regulations of the "Delta Subdivision and Development Standards Bylaw No. 7162, 2015" to apply the Collector Road Standard (Drawing L2.14) on 90 Avenue instead of the current Local Road Standard (Drawing L2.22) to the road cross-section in order to be consistent with other improvements made along this roadway.
1149090 Avenue (A. Walia Enterprises nc.) LU007731 Page 3 of 4 April 11,2016 Planning Analysis: Staff have the following comments regarding this application: Proposed Lots 1 and 3 are 13 m (43 ft) in width and Lot 2 is 14.3 m (47 ft) in width and the application proposes in-ground basements and secondary suites on each of these lots. Staff have advised the owner that secondary suites on lots less than 15 m (49 ft) in width cannot be supported by staff, as they would not comply with the minimum lot width specified in Delta's Secondary Suite Parking Policy. The proposed parking for the secondary suites on Lots 1, 2 and 3 does not meet Delta's policy requiring secondary suite parking to be located to the side of the garage or to the rear of the house beside a detached garage. n this case, the owner is proposing to provide the secondary suite parking for all of the lots on the driveways. Although the lot widths are narrow relative to the neighbourhood, the proposed density is consistent with the Official Community Plan density for SF(ND) nfill Single Family Residential (North Delta). Staff would have supported the proposed developments if there were no secondary suites. Since the owner is not willing to remove the suites, it is recommended that the subject application be denied. Should Council wish to allow this application to proceed, staff would prepare a rezoning amendment bylaw, which would be presented to Council for consideration at a future date together with additional information regarding house designs, landscaping and tree preservation and replacement. mplications: Financial mplications - The increased taxes from three new residences would be $5,800... CONCLUSON: The owner proposes to rezone the subject property and obtain a development variance permit to allow subdivision into three single family lots and construction of three new houses including in-ground basements and secondary suites.
; 1149090 Avenue (A. Walia Enterprises nc.) LU007731 Page 4 of 4 April 11,2016 Delta's policy is that secondary suites not be permitted for lots that are less than 15 m (49 ft) in width. Proposed Lots 1 and 3 have lot widths of 13 m (43 ft) and Lot 2, a lot width of 14.3 m (47 ft) and the provision of sufficient secondary suite parking is a significant concern. The owner does not wish to remove the secondary suites from the. proposal. t is therefore recommended that this application be denied. Jeff Day, P.Eng. Director of Community Planning & Development Department submission prepared by: Nancy McLean, Planner NM/ph ATTACHMENTS: A. Location Map B. Subdivision Plan C. Site Plan D. Project Data Table E. Neighbourhood Lot Frontages and Areas F. Neighbourhood Front Setbacks G:\Current Development\LU FLES\LU007\LU00773 1\Council\Denial Report.Docx, Tilursday, April 14, 201 6, 8:59:22 AM 1 1
Location Map Attachment A Page 1 of 1 DELVEW PARK P
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Project Data for 11490 90 Avenue (LU007731) Attachment 0 Page 1 of 2 Owner and Applicant A. Walia Enterprises nc. Application Date December 23, 2015 (Revised January 19, 2016) 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 Area SF(ND) nfill Single Family No change Plan) Residential (North Delta) Maximum Allowable Density 30 uph (12 upa) No change Density 4.9 uph (2 upa) 14.8 uph (6 upa) Development Permit Area ND14 ntensive Residential No change Development Zoning RM1 Multiple Family (Duplex) RS8 Single Family (390 ml) Residential Residential No. of Lots 1 3 Lot Size 2,027 m L (21,818 fe) Lot 1: 653.9 ml (7,039 fe) Lot 2: 718.9 m 2 (7,738 fe) Lot 3: 654.3 m 2 (7,043 fe) Lot Width 40.3 m (132 ft) Lots 1 and 3: 13 m (43 ft) Lot 2: 14.3 m (47 ft) Average Lot Depth 50.3 m (165 ft) 50.3 m (165ft) Permitted under RM1 Zone Proposed under RS8 Zone Maximum House Size SF Dwelling: Lots 1, 2 and 3: 330 m 2 (3,552 fe) 270 m 2 (2,906 fe) *plus additional in-ground n-ground Basement (approx.): basement floor area, subject to 120.8 m 2 ( 1,300 fe) zoning regulations at time of Total: 390.8 m 2 (4,207 fe) building permit Secondary Suite Yes Yes Maximum No. of Storeys Single Family Dwelling: 2.5 2.5 Duplex Side by Side: 1.5 Maximum Building Height to: Duplex, Vertical or Single Family Dwelling: Roof Ridge 9.5 m (31 ft) 9.5 m (31 ft) Mid-Roof 8 m (26 ft) 8 m (26 ft) Duplex, Side by Side: Not applicable Roof Ridge 7.3 m (24 ft) Mid-Roof 4.8 m (16 ft) Maximum Building Site Coverage 40% 40% Maximum mpermeable Area 60% 60% Coverage Off-Street Parking: Single Family Dwelling 2 spaces (50% enclosed) 2 spaces (100% enclosed) Secondary Suite 1 space 1 space
Attachment D Page 2 of 2 Variances Zoning Bylaw: Section 305 Front Setback Averaging Subdivision & Development Standards Bylaw: Tree Retention, Removal and Replacement Trees to be Removed: 0 Required Range from 6.5 m (21 ft) to 9.6 m (31 ft), depending upon which lot is developed first Local Road Standard (Drawing L2.22) Required Proposed Lots 1, 2 and 3: 6.5 m (21 ft) Collector Road Standard (Drawing L2.14) Proposed Trees to be Retained: 12 6 on-site and 5 off-site 1 municipal tree Street Trees One tree for every 9 m (30 ft) of street abutting the property Tree planting security Tree retention security Required $2,000 cash-in-lieu for 4 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) $3,000 $12,000 Proposed $2,000 G:\Current Development\LU FLES\LU007\LU007731\Council\Project Data Table,Docx,"
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