City of Surrey ADDITIONAL PLANNING COMMENTS File: 7915-0183-00 Planning Report Date: October 24, 2016 PROPOSAL: Development Variance Permit to reduce the minimum streamside setback, in order to permit subdivision into 36 suburban single family lots. LOCATION: OWNER: ZONING: OCP DESIGNATION: NCP DESIGNATION: 2866 and 2902-164 Street, 2859-165 Street Morgan View Estates Ltd. 1074618 B.C. Ltd. RA Suburban Proposed One Acre and Proposed Open Space /Linear Open Space
Staff Report to Council File: 7915-0183-00 Additional Planning Comments Page 2 RECOMMENDATION SUMMARY Approval for Development Variance Permit to proceed to Public Notification. DEVIATION FROM PLANS, POLICIES OR REGULATIONS Seeking variances to reduce the minimum distance (setback) from top-of-bank for a "Natural Class B Stream" in Part 7A of the Zoning By-law, for several proposed lots within a proposed 36 lot subdivision. RATIONALE OF RECOMMENDATION The applicant has demonstrated that the requested setback relaxations do not impact the objectives outlined in the Official Community Plan for protecting sensitive ecosystems. Upon subdivision, approximately 15% of the gross site area will be conveyed to the City as open space. The applicant provided a Riparian Areas Regulation (RAR) assessment report and peer review for the on-site Class B watercourse. The application was in process, and the rezoning had received Third Reading prior to the adoption of Part 7A Streamside Protection in the Zoning By-law. Council granted Third Reading to Rezoning By-law No. 18685 and Zoning Amendment By-law No. 18745 on April 11, 2016 and June 13, 2016, respectively. On September 12, 2016, Council gave Final Adoption to Text Amendment By-law No. 18809, which incorporates streamside protection regulations as Part 7A in the Zoning By-law. Prior to approving the associated subdivision, a variance to the new streamside regulations is required.
Staff Report to Council File: 7915 0183 00 Additional Planning Comments Page 3 RECOMMENDATION The Planning & Development Department recommends that Council approve Development Variance Permit No. 7915 0183 00 (Appendix III) to reduce the minimum setback distance from the top of bank for a "Natural Class B Stream" in Part 7A of Zoning By law No. 12000, from 15 metres (50 feet) to 10 metres (33 feet), measured from the top of bank to the east lot line of proposed Lots 8 13 and the west lot line of proposed Lots 14 20, to proceed to Public Notification. REFERRALS Engineering: The Engineering Department has no objection to the project. SITE CHARACTERISTICS Existing Land Use: The site consists of three parcels ranging in size from 1.0 to 2.2 hectares (2.4 5.4 acres), each with a house and out buildings. There is a Class B watercourse (April Creek) that flows south to north through the site. Adjacent Area: Direction Existing Use OCP/NCP Designation North: East: East (Across Northview Crescent): South: Single family dwelling on a large acreage lot with outbuildings and April Creek (Yellow coded). Single family dwelling on a large acreage lot. Single family dwellings. Single family dwellings. Suburban/Proposed One Acre Residential and Proposed Open Space/Linear Open Space Suburban/Existing One Acre & Half Acre lots Suburban/Existing One Acre & Half Acre lots Suburban/Existing One Acre & Half Acre lots Existing Zone RA RA RA RA West (Across 164 Street): Single family dwellings. Suburban/Existing One Acre & Half Acre lots RA Background and Proposal The proposed development is located in the North Grandview Heights Neighbourhood Concept Plan (NCP) area.
Staff Report to Council File: 7915-0183-00 Additional Planning Comments Page 4 The subject site consists of three (3) parcels ranging in size from 1.0 to 2.2 hectares (2.4-5.4 acres). All of the properties are designated "Proposed One-Acre" in the North Grandview Heights NCP, "Suburban" in the Official Community Plan (OCP) and are zoned "One-Acre Residential Zone (RA)". At the March 7, 2016, Regular Council Land Use meeting, Council considered Planning Report No. 7915-0183-00, for an amendment to the North Grandview Heights Neighbourhood Concept Plan (NCP) and rezoning to allow subdivision into 36 suburban single family lots. The associated Rezoning By-law (No. 18685) which is rezoning the site to CD (based on RH-G) received Third Reading on April 11, 2016. At the May 30, 2016, Regular Council Land Use meeting, Council considered Additional Planning Comments, for an amendment to the Zoning By-law No. 12000 to place the subject site within the appropriate sub-area of the North Grandview Heights NCP. The associated bylaw for this Zoning By-law Amendment (No. 18745) received Third Reading on June 13, 2016. The proposed subdivision (Appendix II) is not in compliance with the new setback requirements for streamside protection and therefore, a Development Variance Permit is required to allow the subdivision to proceed as originally contemplated. Streamside Protection Considerations In July 2014, Council endorsed the Biodiversity Conservation Strategy and the implementation measures it recommended to protect Surrey s streamside areas, natural habitats and sensitive ecosystems. This document identifies the use of a Development Permit Area (DPA) as an effective means to protecting Surrey s natural environmental assets. On September 12, 2016, Council approved changes to the Official Community Plan (OCP) and the Zoning By-law to implement a Sensitive Ecosystem DPA and Streamside Protection Measures, collectively known as Surrey s Ecosystem Protection Measures, for the protection of the natural environment, including riparian areas. These changes were detailed in Corporate Report No. R188, which was approved by Council on July 25, 2016. The OCP is used to identify the specific types of ecosystems that are intended to be protected including Class A, A/O or B streams, and the Zoning By-law (Part 7A Streamside Protection) is used to identify the specific protection areas that are required to be established for Streamside Setback Areas. During drafting of the Streamside Protection Measures, staff were aware that its implementation would create a number of non-conforming sites throughout the City of Surrey. As such, it was anticipated that Development Variance Permit (DVP) applications could be considered in specific extenuating circumstances. Although the subject site is located within the newly established Sensitive Ecosystem DPA, a Sensitive Ecosystem Development Permit and accompanying Ecosystem Development Plan will not be required. The applicant demonstrated that the requested setback reduction does not impact the objectives outlined in the Official Community Plan for protecting sensitive ecosystems, and in support of this, the applicant:
Staff Report to Council File: 7915-0183-00 Additional Planning Comments Page 5 o o o o Submitted a Riparian Areas Regulation (RAR) assessment report prepared by Phoenix Environmental Services Ltd. for the on-site Class B watercourse. Submitted a Peer Review conducted by Envirowest Consulting Ltd., which concluded that the RAR assessment is acceptable. Upon subdivision, the applicant will convey approximately 15% of the gross site area to the City for open space purposes. The applicant will enter into a P-15 agreement for the monitoring and maintenance of the replantings in the riparian area. BY-LAW VARIANCE AND JUSTIFICATION (a) Requested Variance: To reduce the minimum distance (setback) from top-of-bank for a "Natural Class B Stream" in Part 7A of the Zoning By-law from 15 metres (50 ft.) to 10 metres (33 ft.) measured from the top of bank to the east lot line of proposed Lots 8-13 and the west lot line of proposed Lots 14-20. Applicant's Reasons: The applicant has taken appropriate measures to ensure the objectives of the sensitive ecosystems guidelines in the OCP have been met. The applicant will convey approximately 15% of the site to the City for open space purposes. Staff Comments: April Creek traverses the middle of the subject site and flows from the south to the north. The channel originates near the south boundary of the Site emerging from a storm sewer outfall and flows north through the centre of the Site to an open roadside ditch flowing east along 32 Avenue. The open ditch is fish-bearing in the winter and continues to flow north along an Old Logging Ditch where it drains into the Nicomekl River; both of which are fish-bearing, permanent streams. The portion of April Creek that falls on the subject site is surrounded by existing single-family houses with largely manicured lawns on the western half of the site. The area east of April Creek) has been extensively cleared. Predominantly alder and cottonwood trees remain along the perimeters of the properties and along April Creek, with scattered big leaf maple, bitter cherry, Douglas Fir and a variety of ornamental tree species. In accordance with the newly approved streamside setback areas in the Zoning By-law, the minimum required setback measured from the top-of-bank is 15 metres (50 ft.).
Staff Report to Council File: 7915-0183-00 Additional Planning Comments Page 6 The requested DVP seeks a minimum 10 metre (33 ft.) setback from the top-of-bank setback measured from the top of bank to the east lot line of proposed Lots 8-13 and the west lot line of proposed Lots 14-20. Where a development is proposing to reduce the streamside setback area, a Development Variance Permit is required and is to include an Impact Mitigation Plan. This is intended to ensure that the proposed setback reduction does not create negative impacts on the sensitive ecosystems that are intended to be protected, cause flooding or other negative impacts on the property owners located next to the stream, or increase City of Surrey maintenance costs as a result of the reduced setback. An Impact Mitigation Plan has been submitted which supports the requested variance. The applicant provided a Riparian Areas Regulation (RAR) assessment report, dated January 27, 2016, for the on-site Class B watercourse. The RAR report supported a 10 metre (33 ft.) setback from the top-of-bank of the watercourse. As such, proposed Lots 8-20 are set back a minimum of 10 metres (33 ft.) from the top-of-bank of the watercourse in compliance with the RAR report; A Peer Review was conducted by Envirowest Consulting Ltd., dated April 6, 2016, which concluded that the RAR assessment is acceptable. The amount of open space being conveyed to the City for the protection and enhancement of the Class "B" watercourse riparian area (April Creek), and for the GIN of the City s Biodiversity Conservation Strategy is approximately 0.74 hectares (1.8 acres), or approximately 14% of the site area. Cash-in-lieu will be provided to make up the 15% open space that the applicant proposes to provide. The applicant will enter into a P-15 agreement for the monitoring and maintenance of the replantings in the riparian area. The proposed DVP is required to facilitate the associated Development Application including the proposed subdivision that is to be approved. Staff support the requested variance. INFORMATION ATTACHED TO THIS REPORT The following information is attached to this Report: Appendix I. Lot Owners, Action Summary and Project Data Sheets Appendix II. Proposed Subdivision Layout Appendix III. Development Variance Permit No. 7915-0183-00
Staff Report to Council File: 7915-0183-00 Additional Planning Comments Page 7 INFORMATION AVAILABLE ON FILE Streamside Impact and Mitigation Plan Prepared by Phoenix Environmental Services Ltd. Dated October 14, 2016. Riparian Areas Regulation (RAR) Assessment Report Prepared by Phoenix Environmental Services Ltd. Dated January 27, 2016. original signed by Ron Hintsche Jean Lamontagne General Manager Planning and Development TH/da
APPENDIX I Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: WSP Group Address: 65 - Richmond Street, Unit 300 New Westminster, BC V3L 5P5 2. Properties involved in the Application (a) Civic Address: 2866-164 Street 2902-164 Street 2859-165 Street (b) Civic Address: 2866-164 Street Owner: Morgan View Estates Ltd. PID: 004-498-551 Lot 1 Section 24 Township 1 New Westminster District Plan 72033 (c) Civic Address: 2902-164 Street Owner: 1074618 B.C. Ltd. Director Information: Avtar Johl No Officer Information Filed PID: 011-150-858 South Half Lot 15 Section 24 Township 1 New Westminster District Plan 5893 (d) Civic Address: 2859-165 Street Owner: Morgan View Estates ltd. PID: 015-970-264 Lot B Section 24 Township 1 New Westminster District Plan 85232 3. Summary of Actions for City Clerk's Office (a) Proceed with Public Notification for Development Variance Permit No. 7915-0183-00 and bring the Development Variance Permit forward for issuance and execution by the Mayor and City Clerk.
SUBDIVISION DATA SHEET Proposed Zoning: CD Zone (Based on RH-G) Requires Project Data Proposed GROSS SITE AREA Acres 12.81 Hectares 5.18 NUMBER OF LOTS Existing 3 Proposed 34 SIZE OF LOTS Range of lot widths (metres) 20-30 m Range of lot areas (square metres) 930 m 2 1350 m 2 DENSITY Lots/Hectare & Lots/Acre (Gross) Lots/Hectare & Lots/Acre (Net) 7.4 uph / 3.0 upa SITE COVERAGE (in % of gross site area) Maximum Coverage of Principal & 40% Accessory Building Estimated Road, Lane & Driveway Coverage 15% Total Site Coverage 55% PARKLAND Area (square metres) 7,404 m 2 % of Gross Site 14% (shortfall addressed with cash-in-lieu) Required PARKLAND 15% open space YES TREE SURVEY/ASSESSMENT MODEL BUILDING SCHEME HERITAGE SITE Retention FRASER HEALTH Approval DEV. VARIANCE PERMIT required Road Length/Standards Works and Services Building Retention Others YES YES NO NO NO NO NO NO
15.5 11.5 APPENDIX II Section of road built by adjacent site ½ Road built with application 7815-0183-00 Total Area 51,951m² 15% Open Space 7,792.5m² (5% 2,597m²) Open Space provided 7,404.5m² Shortfall 388.5m² (cash-in-lieu) Future Open Space Pathway/Trail on north side of road ½ Road built with application 7815-0183-00 Subdivision Concept Plan 7915-0183-00 WSP CANADA INC. #300-65 RICHMOND STREET NEW WESTMINSTER, B.C. CANADA V3L 5P5 TEL. 604-525-4651 FAX. 604-525-5715 WWW.WSPGROUP.COM Future Open Space January 2016 #061400522
CITY OF SURREY APPENDIX III (the "City") DEVELOPMENT VARIANCE PERMIT NO.: 7915-0183-00 Issued To: 1074618 B.C. LTD. INC. NO. BC1074618 Address of Owner: 12837 76 Avenue, Unit 201 Surrey, BC V3W 2V3 Issued To: MORGAN VIEW ESTATES LTD Address of Owner: 7795-128 Street, Unit 201 Surrey, BC V3W 4E6 (collectively referred to as the "Owner") 1. This development variance permit is issued subject to compliance by the Owner with all statutes, by-laws, orders, regulations or agreements, except as specifically varied by this development variance permit. 2. This development variance permit applies to that real property including land with or without improvements located within the City of Surrey, with the legal description and civic address as follows: Parcel Identifier: 004-498-551 Lot 1 Section 24 Township 1 New Westminster District Plan 72033 2866-164 Street Parcel Identifier: 011-150-858 South Half Lot 15 Section 24 Township 1 New Westminster District Plan 5893 2902-164 Street Parcel Identifier: 015-970-264 Lot B Section 24 Township 1 New Westminster District Plan 85232 2859-165 Street (the "Land")
- 2-3. (a) As the legal description of the Land is to change, the City Clerk is directed to insert the new legal description for the Land once title(s) has/have been issued, as follows: Parcel Identifier: (b) If the civic addresses change, the City Clerk is directed to insert the new civic addresses for the Land, as follows: 4. Surrey Zoning By-law, 1993, No. 12000, as amended is varied as follows: (a) In the table in Section B.1 of Part 7A "Streamside Protection", the minimum distance from top of bank for a "Natural Class B Stream" is reduced from 15 metres (50 ft.) to 10 metres (33 ft.) measured to the eastern lot line of proposed Lots 8-13 and to 10 metres (33 ft.) measured to the western lot line of proposed Lots 14-20. 5. This development variance permit applies to only the portion of the Land shown on Schedule A which is attached hereto and forms part of this development variance permit. 6. The Land shall be developed strictly in accordance with the terms and conditions and provisions of this development variance permit. 7. This development variance permit shall lapse unless the subdivision, as conceptually shown on Schedule A which is attached hereto and forms part of this development variance permit, is registered in the New Westminster Land Title Office within three (3) years after the date this development variance permit is issued. 8. The terms of this development variance permit or any amendment to it, are binding on all persons who acquire an interest in the Land.
- 3-9. This development variance permit is not a building permit. AUTHORIZING RESOLUTION PASSED BY THE COUNCIL, THE DAY OF, 20. ISSUED THIS DAY OF, 20. Mayor Linda Hepner City Clerk Jane Sullivan
15.5 11.5 SCHEDULE A Future Open Space ½ Road built with application 7815-0183-00 Pathway/Trail on north side of road Subdivision Concept Plan 7915-0183-00 Section of road built by adjacent site WSP CANADA INC. #300-65 RICHMOND STREET NEW WESTMINSTER, B.C. CANADA V3L 5P5 TEL. 604-525-4651 FAX. 604-525-5715 WWW.WSPGROUP.COM Future Open Space January 2016 #061400522 DVP to vary the top of bank setback to 10 metres (33 ft.). ½ Road built with application 7815-0183-00 Total Area 51,951m² 15% Open Space 7,792.5m² (5% 2,597m²) Open Space provided 7,404.5m² Shortfall 388.5m² (cash-in-lieu) DVP to vary the top of bank setback to 10 metres (33 ft.).