The Corporation of Delta COUNCIL REPORT Regular Meeting Em07 To: Mayor and Council File No.: LU007335 From: Community Planning & Development Department Date: May 27, 2015 Bylaw No.: 7445 Rezoning, Development Variance Permit and Subdivision at 517045 Avenue (Isaak and Cornelsen) The following report has been reviewed and endorsed by the Chief Administrative Officer. II RECOMMENDATIONS: A. THAT first and second readings be given to Zoning Amendment Bylaw No. 7445. B. THAT the application for Development Variance Permit LU007335 be received. C. THAT Bylaw No. 7445 and Development Variance Permit LU007335 be referred to a Public Hearing. D. THAT the owners satisfy the following requirements as a condition of final consideration and adoption and permit issuance: 1. Enter into a Section 219 Restrictive Covenant for building design and tree replacement to the satisfaction of the Director of Community Planning & Development; 2. Enter into a Section 219 Restrictive Covenant for flood proofing and saving Delta harmless from all claims arising out of the proposed development and any events of flooding; 3. Enter into a Section 219 Restrictive Covenant to prohibit secondary suites; 4. Provide a tree replacement security in the amount of $3,500; and 5. Provide cash-in-lieu of replacement trees in the amount of $1,500. E. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development.
517045 Avenue (Isaak and Cornelsen) LU007335 Page 2 of 4 May 27,2015 III PURPOSE: The purpose of this report is to present for Council's consideration Zoning Amendment Bylaw NO.7 445 (Attachment A) and Development Variance Permit LU007335 to permit subdivision of the subject property at 51}0 45 Avenue into two single family lots. A location map is provided in Attachment B. III BACKGROUND: Site Description and Context: This 838.8 m 2 (9,029 fe) site is located near the corner of 45 Avenue and Arthur Drive adjacent to but outside of Ladner Heritage Conservation Area 2 (LHCA 2 - Arthur Drive). The site was previously occupied by a single family dwelling but it has been demolished. There are four existing trees on the subject property and one tree that straddles the property line between the subject property and the municipal boulevard. The site is surrounded by single family residential dwellings to the west, south, east, and north-east, and infill single family residential with coach houses to the north-west. The Delta Lodge property is located directly to the south of the site. Council Policy: The Official Community Plan designation for this site is ISF Infill Single Family Residential, which is intended for individual ground-oriented single family units at a maximum density of 27 units per hectare (11 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. For the Ladner area, it is required that lots be a minimum size of 12 m (39 ft) frontage and 370 m 2 (3,983 ft2) in area. At a proposed density of 23.8 units per hectare (9.7 units per acre) the subdivision would be consistent with the ISF Infill Single Family Residential designation. II DISCUSSION: Proposal: The owners are proposing to subdivide the subject property into two single family lots in order to construct two new dwellings that would not include basements or secondary suites. Rezoning and a development variance permit are required to complete the subdivision. The house sizes would be 226 m 2 (2,433 fe) on proposed Lot 1 and 194 m 2 (2,088 ft2) on Lot 2. A project data table is provided in Attachment C. Community Consultation: A public notification letter about the proposal was sent on December 17, 2014 and a public notice sign was installed on the site on January 7,2015. To date, two email responses have been received from the surrounding properties in relation to the retention of three large existing trees in the front yard of the subject property and their contribution to the character of the neighbourhood.
517045 Avenue (Isaak and Cornelsen) LU007335 Page 3 of 4 May 27,2015 Rezoning: The owners wish to rezone their property from RS1 Single Family Residential to RS7 Single Family (335 m 2 ) Residential in order to subdivide and construct two new single family dwellings (Attachment D). No secondar1 suites are proposed. The proposed lot sizes at 452 m 2 (4,865 ft2) for Lot 1 and 388 m (4,176 ft2) for Lot 2 and lot width of 12.34 m (40.5 ft) for each, are consistent with other lots on or off of 45 Avenue between 51 Street and Arthur Drive. Lots within this area range from 374 m 2 (4,026 ft2) to 1,096 m 2 (11,797 ft2) in size, and 12.80 m (42 ft) to 56.27 m (185 ft) in width as shown on the map included as Attachment E. Development Variance Permit: The owners are requesting a development variance permit to vary "Delta Zoning Bylaw No. 2750, 1977" as follows in order to develop the new lots as proposed: 1. Section 305 by varying the required front yard average setbacks for the principal structures on both proposed lots to 6.5 m (21 ft) from the required setbacks, which: a. on proposed Lot 1 equals 8.1 m (27 ft) regardless of which lot is constructed first; and b. on proposed Lot2, ranges from 6.5 m (21 ft) to 7.0 (23 ft) depending on which lot is constructed first. A comparison of front setbacks of surrounding properties on 45 Avenue is shown in Attachment F. Staff do not have concerns with the proposed variance as there is no consistent front setback pattern on 45 Avenue. The proposed front setback for each lot is within the range of setbacks on the north side of 45 Avenue which range from 1.4 m (5 ft) to 8.4 m (28 ft) and from 5.8 m (19 ft) to 11.3 m (37 ft) on the south side. House Design: The immediate neighbourhood is made up of a mixture of newer and older one- and two-storey homes. A majority of the houses have been built within the last 10 years, including several houses to the west and north of the site. Four lots directly to the north of the site have been developed with coach houses in recent years. The owners have submitted house designs for both lots (Attachment G). The proposed designs for the new houses would feature a front entry design with front-facing double garage on Lot 1 and single garage on Lot 2. Materials would include stucco and hardiplank siding with stone or brick accents, and asphalt roof shingles. The designs would be compatible in architectural style, massing and appearance with the existing and emerging residential character of the neighbourhood. A design covenant for house design would be required as a condition of final rezoning. Tree Retention, Removal and Replacement: There are four existing trees located on-site and one located partially on the municipal boulevard and the subject property. All trees are located along the 45 Avenue frontage and would conflict with the proposed driveways. The consulting arborist has determined that the trees are in poor condition due to extensive pruning and topping. Further
517045 Avenue (Isaak and Cornelsen) LU007335 Page 4 of 4 May 27,2015 topping of the trees by B.C. Hydro in early 2015 has further compromised the condition of the trees and their suitability for retention. Additional limitations on tree replacement and retention exist due to the presence of overhead hydro wires along the property frontage. The arborist has recommended a total of seven replacement trees, five at the rear of the two proposed lots and one at the front of each. The landscaping and tree replacement plan is provided as Attachment H. As five trees would be removed, cashin-lieu is required in the amount of $1,500 for three replacement trees not planted. Tree replacement security in the amount of $3,500 would also be required. A restrictive covenant for tree removal and replacement would be required as a condition of rezoning. Implications: Financial Implications - The increased taxes from one additional residence would be minimal. Interdepartmental Implications - The owners would be required to enter into a flood proofing covenant and would be required to comply with the requirements as set out in the "Delta Subdivision and Development Standards Bylaw No. 5100, 1994". CONCLUSION: \',I The owners have applied to rezone the subject propert at 517045 Avenue from RS1 Single Family Residential to RS7 Single Family (335 m ) Residential to permit subdivision into two lots and the construction of two new single family dwellings. A development variance permit is also being requested to vary the front setback averaging requirements to 6.5 m (21 ft) on both lots. The proposed subdivision and the house designs fit within the land use designation and the character of the neighbourhood. It is recommended that first and second readings be given to Zoning Amendment Bylaw No. 7445 and that the bylaw and Development Variance Permit LU07335 be referred to a Public Hearing. Jeff Day, P.Eng. Director of Community Planning & Development Department submission prepared by: Jimmy Ho, Planner JH/js ATTACHMENTS: A. Bylaw NO.7 445 B. Location Map C. Project Data Table D. Proposed Subdivision Plan E. Lot Dimensions of Surrounding Properties on 45 Avenue F. Front Setbacks on 45 Avenue G. Proposed House Designs H. Landscaping and Tree Replacement Plan G:ICurrenl DevelopmenllLU FILE:;SILU007ILU007335ICoullcill 1s1 ancl2ncl Report.docx - Tuesday. June 02, 2015, 3: 12:27 PM
Attachment A Page 1 of 2 THE CORPORATION OF DELTA BYLAW NO. 7445 A Bylaw to amend the "Delta Zoning Bylaw No. 2750, 1977" The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as "Delta Zoning Bylaw No. 2750, 1977 Amendment (Isaak and Cornelsen - LU007335) Bylaw No. 7445, 2015". 2. "Delta Zoning Bylaw No. 2750, 1977", as amended, is hereby further amended by rezoning the lands outlined in bold and marked "Subject Property" on the map attached hereto as Schedule "A" to "RS7 Single Family (335 m 2 ) Residential", and by amending the "Delta Zoning Maps" referred to in Section 301 accordingly. READ A FIRST time the READ A SECOND time the PUBLIC HEARING held the READ A THIRD time the day of day of day of day of,2015.,2015.,20,20 FINALLY CONSIDERED AND ADOPTED the day of,20 Lois E. Jackson Mayor Robyn Anderson Municipal Clerk
Bylaw NO.7 445-2 - Attachment A Page 2 of 2 45 AVE o This is Schedule "A" to "Delta Zoning Bylaw No. 2750, 1977 Amendment (Isaak and Cornelsen - LU007335) Bylaw No. 7445,2015" Legal: P.I.D. 011-254-882 Parcel "A" (Explanatory Plan 13059) Lots 4 and 5 District Lot 115 Group 2 New Westminster District Plan 6386
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Project Data for LUOO}335-5170 45 Avenue (Isaak and Cornelsen) Attachment C Page 1 of 2 Owners Henry Isaak and Andrew Cornelsen Applicants Henry Isaak and Andrew Cornelsen Application Date December 4, 2014 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 ISF Infill Single Family No change Plan) Residential Maximum Allowable Density 27 uph (11 upa) No change Density 11.9 uph (4.8 upa) 23.8 uph (9.7 upa) Zoning RS1 Single Family Residential RS7 Single Family (335 m L ) Residential No. of Lots 1 2 Lot Size 838.8 m L (9,029 fe) Lot 1: 452 m L (4,865 fe) Lot 2: 388 m 2 (4,176 ft2) Lot Width 24.7 (81 ft) Lot 1: 12.3 m (40 ft) Lot 2: 12.3 m (40 ft) Average Lot Depth 34.0 m (112 ft) Lot 1: 36.6 m (120 ft) Permitted under RS1 Zone Lot 2: 31.5 m (103 ft) Proposed Maximum House Size 344.6 m L (3,709 m L ) Lot 1: 226 m L (2,433 ftl) Lot 2: 194 m 2 (2,088 ft2) Secondary Suite Yes No Maximum No. of Storeys 2% 2% Maximum Building Height to: Roof Ridge 9.5m 9.5 m Mid-Roof 8.0m 8.0 m Variances Required Proposed Zoning Bylaw: Section 305 If Lot 1 is developed first 6.5 m (21 ft) for both lots Front Setback Averaging Lot 1: 8.1 m (27 ft) Lot 2: 7.0 m (23 ft) If Lot 2 is developed first Lot 1: 8.1 m (27 ft) Lot 2: 6.5 m (21 ft)
Attachment C Page 2 of 2 Tree Retention, Removal and Replacement Trees to be Removed: 5 Required 10 replacement trees based on 2 for 1 replacement Proposed 7 replacement trees and $1,500 cash-in-iieu for 3 replacement trees ($500 per tree) Street Trees One tree for every 9 m (30 ft) of street abutting the property g:\current development\lu flles\lu007\lu007335\councll\attachment c.docx Tree replacement security Required $1,000 cash-in-lieu for 2 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) $3,500 Proposed $1,000
N cdl33/(::/ RECE\\IED.' Ii.. ROAD,,'" <"45th AVENU ".' \)EC 04 2.01...".. '0.:::...--...,.,.,..._,0 ",.-0,'1""-- -.",..,,".p..'\. >o,> t. Cg;'IF. 90 27',<:l 055 DEem 12. 34 ". 00... OR. e "..., ": O. 4$ DEeID. c 51/1. DR. i \..Q :I[J'" ", SHOP..,:,'".. ::>'" ",:>'" j i :51B EXIST, DWELLING (l-storey) FLOOR"'2,01 REM: 5 CO('(1rf\\.lf\\t'1 p\an ning & De'Je\Oprnent Dept. a <:. '" LOT 2 LOT 3.,' LOT 2 NOTE ALL DIMENSIONS ARE SHOWN IN METERS. THIS PLAN HAY BE AFFECTED BY THE FOLLOwING REGISTERED DOCUMENTS: ZONING REGULATIONS UNDeR THE AERONATICS ACT ICANADAI T170B' PLAN 61216 ZONING REGULATIONS UNDER THE AERONATICS ACT fcanadai T5H93 PLAN bulb4 COIIENANT: t8u 14 NOTES; -ELEVA HONS ARE ON GEODETIC 01. ;/)M, SHOWN IN HEiRES AND ARE DERIVED F",OH OCH ttl}4h0343 :: 1.065 III.,,..(;jtl DENOTES ELEVATJON. STEPHEN D. HlLNER - B. C. LAND SURVEYOR 102-50D7-'7A AVE'.NUE'., DELTA, B. C. VI,K 119 TEL. : FAX. : LOT 199 9"6-1788 9"6-1789 THIS_26th_DAY OF / 2-------' 2014 s. D. 111 LN R, B. C. L. S. 201" -THIS ODCIJ/1 NT IS NOT VALID UNLESS DRJGINALL Y SlCN Q AND SEALED_ - CLlENT REFER NCE; NOTE. THIS SKETCH SHOWS SETBACKS TO PROPERTY BOUNDARIES ANO ]; NOT TO BE USED TO ESTABLISH THE PROPERTy CORNFIS IN THE FJELD. TH[S.'LAN WAS PREPARED FOR HUNICIPAL PURPOSES AND IS FO,'? THE EXCLUSIVE USE OF (U)R CUENT. WITHOJT THE CONSENT OF THE SIGNATORY. ALL RiGHTS RESERVED. NO PERSON MAY COPY, REPRODUCE, TRAN!>I1IT OR ALTER THIS DOCUMENT IN WHOLE OR IN PART tithout THE CONSENT OF THE SICNATORY. THE SIGNATORY ACCEPTS NO RESPONSIBILITY OR UABILITY FOR ANY DAMAGES THAT HAY BE SUFFERED BY A THIRD PARTY AS A RESULT OF ANY DECISIONS HADE OR ACT/oNS TAKEN BASED ON TMIS DOCUMENT. THIS DOCUMENT SHOWS THE RELATIVE LDCAfiON OF THE SURVEYED STRUCTURES AND FEATURES WITH RESPECT TO THE BOUNDARIES OF THE PARCELS DESCRIBED ABOVE. THIS DoCUHENT SHALL NOT BE USED TO DEFINE PROPERTY LINES OR PROPERTY CORNERS. 8. C LAND SURVEYOR'S - CERTIFICATE OF LOCATION SHOWING PROPOSED SUBDIVISION, BUILDINGS AND TREES ON PARCEL"A", (EXPLANATORY PLAN 13059) LOTS 4 & 5, DISTRICT LOT 115, GROUP 2, N. W. D., PLAN 6386 MUNICIPALITY OF DEL TA PIO; 011-254-882 SCALE: 1: 250 CIVIC ADDRESS: 5170-45th AVENUE, DELTA, 8. C. FILE; 10822-2 HAP; -0» 0)::::: CO 0) CD 0...",:::r o :3 _CD ::J ->.... o
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Attachment G Page 1 of 2 NORTH ELEVATION SOUTH ELEVATION WEST ELEVATION EAST ELEVATION 5170-45th AVE. DELTA, Be (LOT 1)
Attachment G Page 2 of 2 NORTH ELEVATION SOUTH ELEVATION WEST ELEVATION EAST ELEVATION 5170_- 45th AVE. DELTA, Be (LOT 2)
Attachment H Page 1 of 1 E)-W N 45th AVENUE SITE PLAtI LANDSCAPING LOT I - R[S,OCIIC[ LOT 2 - R[9D[lIC[ 5170-45lH AIlIIUE, OCLTA, B.C. L.G. BURTON DESIGN Custom Design, Renovations & Stock Plans 6130-166 B STREET, SURREY, B.C. V4N 5E4 PHONE: (604) 575-1261 FAX: (604) 575-1269 L