City of Surrey PLANNING & DEVELOPMENT REPORT File: Restrictive Covenant Amendment Development Permit Proposal: A Restrictive Covenant Amendment and Development Permit to permit modifications to the fence type, location and landscape buffer on lots adjacent to the ALR. Recommendation: Approval Location: 17158-85A Ave, 8502, 8496/88/72/60/52/46/38/22/16/08-171A St Zoning: RH OCP Designation: Suburban LAP Designation: Owner: 684795 B.C. Ltd.
PROJECT TIMELINE Completed Application Submission Date: March 18, 2005 Planning Report Date: July 25, 2005 The applicant is proposing: a Restrictive Covenant amendment; and a Development Permit in order to permit modifications to the fence type, location and landscape buffer on lots adjacent to land within the Agricultural Land Reserve.
The Planning & Development Department recommends that: 1. Council approve the proposed amendments to the Restrictive Covenant for Lots 9 and Lots 18 to 28-28 inclusive, as follows: (a) to replace the approved 1.8-metres (6 ft.) high solid cedar fence with a 1.2-metre (4 ft.) high blackcoloured chain link fence; (b) to relocate the fence from 15 metres (50 ft.) from the east (172 Street) property line to a location 1.2 metres (4 ft.) from the east (172 Street) property line; and (c) to modify the landscape buffer by adding 210 cedars and permitting two 3.5-metre (11.5 ft.) wide openings per lot along the west edge of the buffer. 2. Council approve the attached Development Permit No. 7903-0442-00 (Appendix IV), authorize the transfer of the Permit to the heirs, administrators, executors, successors and assigns of the title of the land within the terms of the Permit. REFERRALS Agricultural Advisory Committee (AAC): This proposed Restrictive Covenant Amendment was reviewed at the June 7, 2005 AAC meeting and the AAC recommended that a physical barrier be constructed to ensure backyards would not encroach into the buffer area over time (Appendix V). SITE CHARACTERISTICS Existing Land Use Suburban residential lots, ranging in size from 1,120 square metres to 1,929 square metres (12,056 sq.ft. to 20,764 sq.ft.). East: Across 172 Street, farmland within the ALR, zoned A-1, designated Agricultural. South: Across 84 Avenue, recently developed suburban residential lots, zoned RH-G and RH, designated Suburban. West: Half-acre gross density lots, zoned CD (By-law No. 15407B), designated Suburban. North: Parkland and across Greenway Drive, City-owned wetlands within the ALR, zoned A-1, designated Agricultural. PLAN AND POLICY COMPLIANCE OCP Designation: Complies. DEVELOPMENT CONSIDERATIONS Background The subject properties are located on the eastern edge of the Suburban portion of the Fleetwood Pocket,
immediately to the west of the Agricultural Land Reserve (ALR) on the east side of 172 Street. They are designated Suburban in the Official Community Plan (OCP) and zoned RH. The original development application (7903-0442-00) was a rezoning of five, 5-acre properties along the west side of 172 Street and the east portion of one long narrow property on the north side of 84 Avenue, from A-1 to RH and CD. The rezoning provided for development of approximately 56 suburban residential lots (12 lots zoned RH and 44 lots zoned CD). The CD Zone was generally based on the RH-G Zone. A Development Permit to ensure adequate buffering along the ALR boundary proceeded in conjunction with the rezoning application (Development Permit No. 7903-0442-00). The development permit regulates the location and type of fencing as well as the planting details for a 15-metre (50 ft.) wide landscape buffer for lots along the ALR boundary. In addition to the development permit, a Section 219 Restrictive Covenant was registered on the lots along the ALR boundary requiring the regular maintenance of the fence and landscaping buffer (Appendix III). Council approved the rezoning and development permit applications on December 15, 2004. Following completion of some outstanding requirements, the Approving Officer approved the 56-lot subdivision on June 3, 2005. Current Proposal The applicant is proposing an amendment to the Restrictive Covenant and Development Permit to change the location and style of fence, and to facilitate an adjustment to the approved landscape buffer along 172 Street. More specifically, the applicant proposes to relocate the fence from 15 metres (50 ft.) from the east (172 Street) property line to a location 1.2 metres (4 ft.) from the east (172 Street) property line. The proposal also includes replacing the approved 1.8-metre (6 ft.) high solid cedar fence with a 1.2-metre (4 ft.) high black-coloured chain-link fence. In terms of the landscape buffer, the applicant proposes to modify this buffer by adding 210 western red cedars and having two, 3.5-metre (11.5 ft.) wide openings per lot at the west edge of the buffer. The applicant's rationale for these changes are: o The landscaped buffer, while clearly delineated, will be integrated more into the lot itself and as a result, much greater onus will be placed on the owners to maintain the buffer; o With the proposed relocation of the fence, owners will be the only ones to have use and access to the buffer, as opposed to the broader public. Owners will have a recognition of much greater responsibility for maintenance and care of the buffer areas; o The proposed arrangement creates easier access for owners for maintenance purposes and at the same time avoids litter and misuse from an open ended public use; and o If the fence is required to be constructed on the west side of the landscape buffer, there is a very strong likelihood, particularly with subsequent future land owners, to demand that the City maintain the land located behind the fence as they will be seen to be public lands, even with the presence of the Restrictive Covenant, which is difficult to enforce. The applicant originally proposed relocating the fence from the approved location on the westerly side of the property line landscaped buffer at a location 15 metres (50 ft.) from the east (172 Street) property line. Under the original submission, the type of fence was supposed to be modified from a 6-foot high solid cedar fence to a 3-foot high split rail log fence for Lots 9 and 18-28 inclusive. This original proposal was presented to the Agricultural Advisory Committee (AAC) at their June 7, 2005 meeting. The AAC did not support the proposed amendment and recommended that a physical barrier be constructed to ensure back yards would not encroach into the buffer area over time on Lots 9 and 18-28
(Appendix V). A revised proposal was submitted and reviewed by staff. This proposal consisted of the relocation of the fence from the westerly side of the landscape buffer to the easterly side of the landscaped buffer sited 1.2 metres (4 ft) from the east (172 Street) property line. The proposed type of fence is a 1.2-metre (4 ft) high black-coloured chain-link fence (Appendix IV). To address the AAC's recommendations for a physical barrier to ensure backyards do not encroach into the buffer area 210 western red cedars will be planted within the landscape buffer along the westerly side of the buffer between the back yards of the lots and 172 Street. There will be two access points on each lot to allow for regular maintenance of the buffer area. 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. Contour Map Appendix III. Approved Landscape Buffer and Fencing Appendix IV. Proposed Landscape Buffer and Fencing Appendix V. Agricultural Advisory Committee Minutes, Thursday, June 9, 2005 Appendix VI. Development Permit No. Murray Dinwoodie General Manager Planning and Development NH/kms v:\wp-docs\planning\plncom05\06301622.nh.doc KMS 7/25/05 11:45 AM Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: McElhanney Consulting Services Ltd. Address: 13160-88 Avenue Surrey, B.C. V3W 3K3 Tel: 604-596-0391 2. Properties involved in the Application (a) Civic Addresses: 17158-85A Avenue, 8502, 8496, 8488, 8472, 8460, 8452, 8446, 8438, 8422, 8416, 8408-171A Street (b) Civic Address: 17158-85A Avenue PID: 026-336-367 Lot 9 Section 30 Township 8 New Westminster District Plan BCP 18055 APPENDIX I
(c) Civic Address: 8502-171A Street PID: 026-336-456 Lot 18 Section 30 Township 8 New Westminster District Plan BCP 18055 (d) Civic Address: 8496-171A Street PID: 026-226-464 Lot 19 Section 30 Township 8 New Westminster District Plan BCP 18055 (e) Civic Address: 8488-171A Street PID: 026-336-464 Lot 20 Section 30 Township 8 New Westminster District Plan BCP 18055 (f) Civic Address: 8472-171A Street PID: 026-336-472 Lot 21 Section 30 Township 8 New Westminster District Plan BCP 18055 (g) Civic Address: 8460-171A Street PID: 026-336-499 Lot 22 Section 30 Township 8 New Westminster District Plan BCP 18055 (h) Civic Address: 8452-171A Street PID: 026-336-502 Lot 23 Section 30 Township 8 New Westminster District Plan BCP 18055 (i) Civic Address: 8446-171A Street PID: 026-336-511 Lot 24 Section 30 Township 8 New Westminster District Plan BCP 18055 (j) Civic Address: 8438-171A Street PID: 026-336-529 Lot 25 Section 30 Township 8 New Westminster District Plan BCP 18055 (k) Civic Address: 8422-171A Street PID: 026-336-537 Lot 26 Section 30 Township 8 New Westminster District Plan BCP 18055 (l) Civic Address: 8416-171A Street PID: 026-336-545 Lot 27 Section 30 Township 8 New Westminster District Plan BCP 18055 (m) Civic Address: 8408-171A Street PID: 026-336-553
Lot 28 Section 30 Township 8 New Westminster District Plan BCP 18055 3. APPENDIX II CONTOUR MAP FOR SUBJECT SITE