City of Surrey PLANNING & DEVELOPMENT REPORT PROPOSAL: Planning Report Date: April 18, 2011 Restrictive Covenant Amendment in order to permit a reduction in the previously prescribed front yard setback for 24 small single family lots in East Clayton LOCATION: OWNER: ZONING: OCP DESIGNATION: NCP DESIGNATION: 7053 to 7187 196 Street Various RF-9C Urban 10-15 u.p.a. (Medium Density)
Staff Report to Council Planning & Development Report Page 2 RECOMMENDATION SUMMARY Approval of Restrictive Covenant Amendment. DEVIATION FROM PLANS, POLICIES OR REGULATIONS None. RATIONALE OF RECOMMENDATION Amending the existing Restrictive Covenants to reduce the front yard setback of the principal building will allow a 142-square metre (1,528 sq.ft.) house while maintaining a 3-metre (10 ft.) landscape buffer as required by the East Clayton Neighbourhood Concept Plan.
Staff Report to Council Planning & Development Report Page 3 RECOMMENDATION The Planning & Development Department recommends that: 1. Council approve the Restrictive Covenant Amendment. REFERRALS Engineering: The Engineering Department has no objection to the project. SITE CHARACTERISTICS Existing Land Use: Vacant, small single family lots created under Development Application No. 7903-0275-00. Adjacent Area: Direction Existing Use NCP Designation Existing Zone North: East (Across 196 Street): Small single family lots (approved under Development Application No. 7903-0275-00). Single family dwellings in the Township of Langley. 10 15 u.p.a. (Medium Density) n/a RF-9C n/a South (Across 70A Avenue): West: Small single family lots (approved under Development Application No. 7902-0363-00). Single family lots approved under Development Application No. 7903-0275-00. 10-15 upa (Medium Density) 10-15 upa (Medium Density) RF-9C RF-12C DEVELOPMENT CONSIDERATIONS Background The subject site comprises 24 RF-9C lots in East Clayton on the Surrey/Langley border. The immediate surrounding area is currently under development with new single family houses. The subject lots do not contain any existing houses. The lots were created as part of a 47-lot subdivision in 2008 (approved under Development Application No. 7903-0275-00). The subject site fronts 196 Street, which is an arterial road. On-street parking is not permitted on 196 Street. The East Clayton NCP indicates a special setback and landscaping treatment to provide relief from traffic on 196 Street.
Staff Report to Council Planning & Development Report Page 4 The Building Scheme registered under the original development application (No. 7903-0275-00) stipulates a minimum front yard setback of 6.0 metres (20 ft.) measured to the veranda and 7.5 metres (25 ft.) measured to the building face for the subject lots. In addition, a Section 219 Restrictive Covenant for a 3.0-metre (10 ft.) wide landscape buffer was registered as part of the original development application. Current Proposal The applicant is requesting a Restrictive Covenant Amendment to reduce the front yard setback requirements as specified in the Building Scheme and in the Restrictive Covenant, from 7.5 metres (25 ft.) to the building face and 6.0 metres (20 ft.) to the veranda to 5.4 metres (18 ft.) to the building face and 4.2 metres (14 ft.) to the veranda. The applicant feels that the current restrictions on the front yard setback on each of the 24 subject lots, limit their ability to achieve a functional house size. Typically, the minimum front yard setback for RF-9C-zoned lots is 3.5 metres (11.5 ft.) to the principal building and 2.0 metres (6 ft. 7 in.) to the front porch or veranda. The maximum size of the principal building is 173 square metres (1,865 sq.ft.), provided that at least 15 square metres (160 sq. ft.) is reserved for an attic and a utility room. The resulting floor area of the principal building is 158 square metres (1,705 sq.ft.). For each of the subject lots, the applicant is only able to achieve a maximum house size of 111.64 square metres (1,202 sq.ft.) excluding the attic or utility room, due to the increased building setbacks required by the Building Scheme and Restrictive Covenant. The reduced house size is a result of the lots being relatively shallow at only 28.01 metres (92 ft.) deep, which is the minimum that can be permitted in the RF-9C Zone. In addition to the aforementioned increased front yard setback, the RF-9C Zone requires a 6.0-metre (20 ft.) separation between the principal building and the detached garage and a minimum 6.1-metre (20 ft.) garage depth (measured internally). The remaining buildable area on the lot will allow a home with approximately 56 square metres (600 sq. ft.) of floor area on each floor. With the proposed modifications to the front yard setback, the applicant would be able to achieve a maximum house size of 142 square metres (1,528 sq.ft.), excluding the utility room and attic. The following chart compares the maximum buildable area based on the proposed front yard setback amendment, relative to the existing zoning (RF-9C) regulations and the registered Building Scheme and Restrictive Covenant (RC) limitations: Front Yard Setback to principal building; and 3.5 metres (12 ft.) to veranda 2.0 metres (7 ft.) House Size 158 square metres (1,701 sq. ft.) RF-9C Zone Existing RC Proposed Amendment 7.5 metres (25 ft.) 6.0 metres (20 ft.) 111.64 square metres (1,202 sq. ft.) 5.4 metres (18 ft.) 4.2 metres (14 ft.) 142 square metres (1,528 sq. ft.)
Staff Report to Council Planning & Development Report Page 5 The RF-9C Zone permits an accessory coach house or secondary suite. None of the proposed lots have sufficient lot area to construct a coach house above the proposed detached garages and maintain a 6-metre (20 ft.) separation between the coach house and the principal building. Rather, the applicant proposes to incorporate a secondary suite within the principal building. The development to the south (approved Development Application No. 7902-0363-00) also created a number of RF-9C-zoned lots along 196 Street. These lots were created with a 3-metre (10 ft.) wide landscape buffer and an increased front yard setback ranging from 5.5 metres (18 ft.) to 7.5 metres (25 ft.) with a 1.5-metre (5 ft.) permitted encroachment for the front porch or veranda. The proposed setbacks will be consistent with those to the south. While the proposed amendments will reduce the building setbacks along 196 Street, the intent of the East Clayton NCP will be preserved through the retention of the 3.0-metre (10 ft.) wide landscape buffer. It should also be noted that the proposed setbacks still exceed those required under the RF-9C Zone. PRE-NOTIFICATION Pre-notification letters were sent on September 14, 2009. Staff received no opposition to the proposed amendment. INFORMATION ATTACHED TO THIS REPORT The following information is attached to this Report: Appendix I. Appendix II. Lot Owners and Action Summary Proposed Site Plan original signed by Judith Robertson Jean Lamontagne General Manager Planning and Development SML/kms v:\wp-docs\planning\plncom11\03031100sal.doc. 4/14/11 8:38 AM
Page 1 APPENDIX I Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: Dave Sidhu Address: 12778 67 Avenue Surrey, BC V3W 1M7 Tel: 604-319-1111 2. Properties involved in the Application (a) Civic Addresses: 7053, 7057, 7063, 7067, 7073, 7077, 7081, 7087, 7093, 7097, 7101, 7107, 7113, 7117, 7123, 7129, 7133, 7137, 7145, 7151, 7159, 7163, 7177 and 7187-196 Street (b) Civic Address: 7053 196 Street 0753021 B.C. Ltd., Inc. No. BC0753021 Director Information: Gurpreet K. Sidhu Officer Information as at March 28, 2010 Gurpreet Kaur Sidhu (President) PID: 027-717-135 Lot 1 Section 15 Township 8 New Westminster District Plan BCP37981 (c) Civic Address: 7057 196 Street Owners: Gurdip Singh Grewal and Charan Kaur Grewal PID: 027-717-143 Lot 2 Section 15 Township 8 New Westminster District Plan BCP37981 (d) Civic Address: 7063 196 Street Kirandip Kaur Grewal PID: 027-717-151 Lot 3 Section 15 Township 8 New Westminster District Plan BCP37981 (e) Civic Address: 7067 196 Street Swaran Kaur Brar and Balwant Singh Brar PID: 027-717-160 Lot 4 Section 15 Township 8 New Westminster District Plan BCP37981 (f) Civic Address: 7073 196 Street Navtej Singh Thind and Rajvinder Kaur Thind PID: 027-717-178 Lot 5 Section 15 Township 8 New Westminster District Plan BCP37981 v:\wp-docs\planning\plncom11\03031100sal.doc. 4/14/11 8:38 AM
(g) Civic Address: 7077 196 Street Navtej Singh Thind and Rajvinder Kaur Thind PID: 027-717-186 Lot 6 Section 15 Township 8 New Westminster District Plan BCP37981 Page 2 (h) Civic Address: 7081 196 Street SDS New Homes Ltd., Inc. No. 724450 PID: 027-717-194 Lot 7 Section 15 Township 8 New Westminster District Plan BCP37981 (i) Civic Address: 7087 196 Street SDS New Homes Ltd., Inc. No. 724450 PID: 027-717-208 Lot 8 Section 15 Township 8 New Westminster District Plan BCP37981 (j) Civic Address: 7093 196 Street SDS New Homes Ltd., Inc. No. 724450 PID: 027-717-216 Lot 9 Section 15 Township 8 New Westminster District Plan BCP37981 (k) Civic Address: 7097 196 Street Jasbir Singh Dhaliwal and Rajdeep Kaur Dhaliwal PID: 027-717-224 Lot 10 Section 15 Township 8 New Westminster District Plan BCP37981 (l) Civic Address: 7101 196 Street Jasbir Singh Dhaliwal and Rajdeep Kaur Dhaliwal PID: 027-717-232 Lot 11 Section 15 Township 8 New Westminster District Plan BCP37981 (m) Civic Address: 7107 196 Street Jasbir Singh Dhaliwal PID: 027-717-241 Lot 12 Section 15 Township 8 New Westminster District Plan BCP37981 (n) Civic Address: 7113 196 Street Tejinder Singh Sandhu and Sukhninder Kaur Sandhu PID: 027-717-259 Lot 13 Section 15 Township 8 New Westminster District Plan BCP37981 (o) Civic Address: 7117 196 Street Rajjvinder Dhaliwal PID: 027-717-267 Lot 14 Section 15 Township 8 New Westminster District Plan BCP37981 (p) Civic Address: 7123 196 Street Rajjvinder Dhaliwal PID: 027-717-275 Lot 15 Section 15 Township 8 New Westminster District Plan BCP37981 v:\wp-docs\planning\plncom11\03031100sal.doc. 4/14/11 8:38 AM
(q) Civic Address: 7129 196 Street Kuldip Lekhi PID: 027-717-283 Lot 16 Section 15 Township 8 New Westminster District Plan BCP37981 Page 3 (r) Civic Address: 7133 196 Street J.D. Lexus Homes Ltd., Inc. No. BC0545288 PID: 027-717-291 Lot 17 Section 15 Township 8 New Westminster District Plan BCP37981 (s) Civic Address: 7137 196 Street J.D. Lexus Homes Ltd., Inc. No. BC0545288 PID: 027-717-305 Lot 18 Section 15 Township 8 New Westminster District Plan BCP37981 (t) Civic Address: 7145 196 Street N D Homes Ltd., Inc. No. BC0649748 PID: 027-717-313 Lot 19 Section 15 Township 8 New Westminster District Plan BCP37981 (u) Civic Address: 7151 196 Street N D Homes Ltd., Inc. No. BC0649748 PID: 027-717-321 Lot 20 Section 15 Township 8 New Westminster District Plan BCP37981 (v) Civic Address: 7159 196 Street P D Homes 2009 Ltd., Inc. No. BC0850105 PID: 027-717-330 Lot 21 Section 15 Township 8 New Westminster District Plan BCP37981 (w) Civic Address: 7163 196 Street P D Homes 2009 Ltd., Inc. No. BC0850105 PID: 027-717-348 Lot 22 Section 15 Township 8 New Westminster District Plan BCP37981 (x) Civic Address: 7177 196 Street Dhillon Management Inc., Inc. No. BC0760319 PID: 027-717-356 Lot 23 Section 15 Township 8 New Westminster District Plan BCP37981 (y) Civic Address: 7187 196 Street Dhillon Management Inc., Inc. No. BC0760319 PID: 027-717-364 Lot 24 Section 15 Township 8 New Westminster District Plan BCP37981 3. Summary of Actions for City Clerk's Office v:\wp-docs\planning\plncom11\03031100sal.doc. 4/14/11 8:38 AM