E.02 The Corporation of Delta COUNCIL REPORT Regular Meeting To: Mayor and Council File No.: LU007986 From: Community Planning & Development Department Date: April 25, 207 Bylaw Nos.: 766 and 7662 Official Community Plan Amendment, Rezoning and Subdivision at 5097 Linden Drive (Nijjer) The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATIONS: A. THAT first reading be given to Official Community Plan Amendment Bylaw No. 766. B. THAT second reading be given to Bylaw No. 766. C" THAT first and second readings be given to Zoning Amendment Bylaw No. 7662. D. THAT Bylaws No. 766 and 7662 be referred to a Public Hearing. E. THAT the request to exempt proposed Lots and 2 from the statutory minimum highway frontage requirement under Section 5.2( )(a) of the Local Government Act be received and that approval, in accordance with Section 52(2) of the Local Government Act, be considered at the time of final consideration and adoption of Bylaws No. 766 and 7662. F. THAT the owners satisfy the following requirements as a condition of final consideration and adoption:. Enter into a Section 29 Restrictive Covenant for building design and tree retention and replacement to the satisfaction of the Director of Community Planning & Development; 2. Enter into a Section 29 Restrictive Covenant for flood proofing; 3. Provide a tree replacement security in the amount of $3,000; 4. Provide cash-in-lieu of replacement trees in the amount of $5,000; and 5. Enter into a Section 29 Restrictive Covenant to prohibit secondary suites.
5097 Linden Drive (Nijjer) LU007986 Page 2 of 5 April 25, 207 G: THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development. PURPOSE: The purpose of this report is to present for Council's consideration Official Community Plan Amendment Bylaw No. 766 (Attachment A) and Zoning Amendment Bylaw No. 7662 (Attachment B) to allow subdivision of the subject property at 5097 Linden Drive into two single family residential lots. A location map is provided in Attachment C and a project data table is provided in Attachment D. BACKGROUND: Site Description and Context: The subject property is flat and measures,32 m 2 (4,29 ft2) in area, 23.96 m (78.6 ft) in lot width and 63 m (207 ft) in average lot depth. It is zoned RM Multiple Family (Duplex) Residential and contains a one-storey single family dwelling that would be demolished. The site is surrounded by one and two-storey single family dwellings. There are six on-site trees and two boulevard trees (Attachments E and F). Council Policy: The subject property is designated R One and Two Unit Residential in Schedule A and ISF Infill Single Family Residential in Schedule B.3 Ladner Area Plan of the Official Community Plan. The ISF Infill Single Family Residential designation is intended for individual ground-oriented single family residential units at a maximum density of 27 uph ( upa). The proposed development would have a density 5. uph (6 upa), which is consistent with the density provision for the ISF Infill Single Family Residential designation. Ladner Area Plan policies that apply to this application include: Policy 0. Policy 0.5 Policy 0.8 Policy H.8 Encourage Infill Housing to Renew and Upgrade Neighbourhoods Retain Single-family Neighbourhood Encourage Compatible Housing Design Ensure Tree Replacement. The owners have provided house designs that would be compatible with the character of nearby housing and consistent with the Ladner Housing Guidelines as viewed from Linden Drive. As the lots are deeper than the other lots in the area, the owners have given particular attention to the side elevations of the proposed dwellings in terms of mitigating impact to adjacent neighbours by incorporating hip roofs and reducing the massing at the front portion of the lot. A.combination of tree replacement and cash-in-lieu of tree replacement is proposed. The proposed lot width of.98 m (39.3 ft) is not consistent with the minimum 2 m (39.4 ft) lot frontage requirement
5097 Linden Drive (Nijjer) LU007986 Page 3 of 5 April 25, 207 specified under Policy D.5 of the Ladner Area Plan (Schedule B.3 of the Official Community Plan) for narrower lots. An Official Community Plan amendment is therefore required to exempt the subject property from this requirement. DISCUSSION: Proposal: The owners are proposing to subdivide the subject property into two single family residential lots in order to permit construction of a new single family dwelling on each lot. The proposed new houses would not include in-ground basements or secondary suites (Attachments G and H). The proposed houses would each be 330 m 2 (3,352 fe) in area. An Official Community Plan amendment, rezoning and a minimum 0 percent lot perimeter frontage exemption are required to complete the subdivision. Community Consultation: Section 475 of the Local Government Act requires that Council determine what organizations and authorities might be affected or have an interest in an Official Community Plan amendment and consult with them accordingly. The consultation process for this Official Community Plan amendment application was endorsed by Council at their October 7, 206 Regular Meeting. A public notification letter about the proposal was sent on September 22, 206 and a public notice sign was installed on the site in October 206. To date, no comments have been received. Should any comments be received, they will be provided to Council as on-table items. Official Community Plan Amendment: The owners have applied to amend the Official Community Plan by exempting the subject property from the minimum 2 m (39.4 ft) lot frontage requirement specified in Policy D.5 of the Ladner Area Plan, in order to allow.98 m (39.3 ft) lot frontages for proposed Lots and 2. Other lots on the street between Calvert Drive and Fenton Drive have widths that range from 2.02 m to 7.85 m (39.4 ft to 58.6 ft). The proposed lot widths would only be marginally narrower than the 2 m (39.4 ft) specified minimum and similar to the 2.02 m (39.4 ft),wide lots at the northwest corner of Linden Drive and Westminster Avenue (Attachment I). The marginal reduction in lot width of 0.02 m (0.07 ft) would not have any material impact on the proposed building envelope and subsequent massing as it would be viewed from Linden Drive. Rezoning: The owners wish to rezone their property from RM Multiple Family (Duplex) Residential to RS7 Single Family (335 m 2 ) Residential in order to subdivide the subject property into two lots and construct a single family dwelling on each lot. Each lot would have a lot frontage of.98 m (39.3 ft) and an area of 660.5 m 2 (7,0 fe). Lots and 2 would have average lot depths of 6 m (200 ft) and 66 m (27 ft) respectively. The zoning for the block is predominantly a mix of RM Multiple Family (Duplex) Residential, RS6 Single Family (460 m 2 ) Residential and RS7 Single Family (335 m 2 ) Residential.
5097 Linden Drive (Nijjer) LU007986 Page 4 of 5 April 25, 207 The proposed lots would be the narrowest lots on the block which have a range of between 2.02 m to 7.85 m (39.4 ft to 58.6 ft). However, there are four nearby lots at the northwest corner of Linden Drive and Westminster Avenue, which have a frontage of2 m (39.4 ft). The proposed lot areas of 660.5 m 2 (7,0 ft2) between Calvert Drive and Fenton Drive would be within the range of lot areas on the block, which are between 403 m 2 (4,338 ft2) to 840 m 2 (9,042 ft2). House Design: The immediate neighbourhood is made up of older and newer one and two-storey homes. The owners have submitted design guidelines, including elevations and site plans for proposed Lots and 2 and would be required to enter into a design covenant. Conceptual designs have been submitted for the proposed houses. The house designs employ a combination of hip and gable roofs and would be two storeys in height with a maximum roof height of 9.5 m (3 ft) to the roof ridge and 8 m (26 ft) to the mid-roof. Each house would have an attached two-car garage and no secondary suites are proposed. Side-by-side driveways are proposed. Materials would include Hardiplank or vinyl siding with brick or stone veneer accent and cedar shake, or asphalt shingle roofs. The designs would be compatible with recent dwellings constructed in the area and comply with the Ladner Housing Guidelines. The owners would be required to enter into a design covenant and a no suites covenant. Tree Retention, Removal and Replacement and Landscaping: There are six on-site trees, one off-site tree and two boulevard trees. The Urban Forestry Division is recommending retention of tree #3823 and retention or relocation of tree #3824. The two boulevard trees would conflict with services and tree #3823 is in conflict with the existing electrical service to the adjacent property and would not be safe to remove, according to the owners' arborist. The two boulevard trees, therefore would be removed and six on-site trees would also be removed as they conflict with the building envelope and driveway access. A total of six replacement trees, including one in front and two in the rear of each lot are proposed. Cash-in-lieu in the amount of $5,000 for an additional 0 replacement trees ($500 per tree) would be required (Attachment J). Low level shrubs and planting are proposed in the front yard of each lot. The owners would be required to enter into a covenant for tree removal and replacement and landscaping, which would be registered against the title of each lot. Minimum 0 Percent Lot Perimeter Frontage: Minimum Highway Frontage Section 52()(a) of the Local Government Act requires a parcel that is created by subdivision and fronts on a highway to have a minimum frontage, which is the greater of 0 percent of the perimeter of the lot that fronts on the highway and the minimum frontage specified by municipal bylaw. Section 52(2) of the Local Government Act enables Council to exempt a parcel from the above requirement. Proposed Lots and 2 both have a proposed frontage of.98 m (39.3 ft) and do not meet the minimum 0 percent lot perimeter requirement of 4.6 m (48 ft) and 5.5 m (5 ft) respectively. A recommendation for Council approval to exempt the lots from this minimum highway frontage requirement would be brought forward at the time of final consideration and
5097 Linden Drive (Nijjer) LU007986 Page 5 of 5 April 25, 207 adoption of Bylaws No. 766 and 7662. Staff have no objection to the reduced frontage, given the unusually long depth of each lot and the owners would also meet the minimum 50 percent front yard landscaping requirement of the zoning bylaw for each lot. Implications: Financial Implications - The proposed two-lot subdivision would generate an estimated $3,00 in additional annual property tax revenue for Delta. Interdepartmental Implications - The owners would be required to comply with the regulations as set out in "Delta Subdivision and Development Standards Bylaw No. 762, 205" and enter into a flood proofing covenant. CONCLUSION: The owners are proposing to subdivide the property at 5097 Linden Drive into two single family residential lots having vehicular access from Linden Drive. It is recommended that Official Community Plan Amendment Bylaw No. 766 and Zoning Amendment Bylaw No. 7662 be given first and second readings, and that the bylaws be referred to a Public Hearing. Jeff Day, P.Eng. Director of Community Planning & Development Department submission prepared by: Alex Cauduro AC/ph ATTACHMENTS: A. Bylaw No. 766 B. Bylaw No. 7662 C. Location Map D. Project Data Table E. Aerial Photographs F. Context Photos G. Survey Plan H. Site Plan and Drawings I. Map Showing Lot Areas and Widths along Linden Drive J. Tree Retention, Removal and Replacement Plan and Tree Photos i ;'
Attachment A Page of 2 THE CORPORATION OF DELTA BYLAW NO. 766 A Bylaw to amend "The Corporation of Delta Official Community Plan Bylaw No. 3950, 985" WHEREAS the Council of The Corporation of Delta has adopted an Official Community Plan pursuant to Section 472 of the Local Government Act: NOW THEREFORE, the Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS:. This Bylaw may be cited for all purposes as "The Corporation of Delta Official Community Plan Bylaw No. 3950, 985 Amendment (Nijjer - LU007986) Bylaw No. 766, 207". 2. Schedule B.3 of "The Corporation of Delta Official Community Plan Bylaw No. 3950, 985", as amended, is hereby further amended by exempting the area outlined in bold and marked Subject Property on Schedule 766- to this bylaw from the 2 m frontage requirement specified in Policy 0.5, and indicating such exemption on the Ladner Future Land Use Plan in Schedule B.3 and on the Ladner Future Land Use Plan inset in the Future Land Use Plan in Schedule A 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 207.,207.,20.,20. FINALLY CONSIDERED AND ADOPTED the day of,20. Lois E. Jackson Mayor Robyn Anderson Municipal Clerk
Bylaw No. 766-2 - Attachment A Page 2 of 2 This is Schedule 766- to "The Corporation of Delta Official Community Plan Bylaw No. 3950, 985 Amendment (Nijjer - LU007986) Bylaw No. 766,207" Legal: P.I.D. 008-533-270 Lot 4 District Lot 6 Group 2 New Westminster District Plan 20048
Attachment B Page of 2 THE CORPORATION OF DELTA BYLAW NO. 7662 A Bylaw to amend the "Delta Zoning Bylaw No. 2750, 977" The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS:. This bylaw may be cited for all purposes as "Delta Zoning Bylaw No. 2750, 977 Amendment (Nijjer - LU007986) Bylaw No. 7662, 207". 2. "Delta Zoning Bylaw No. 2750, 977", 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 30 accordingly. READ A FIRST time the READ A SECOND time the PUBLIC HEARING held the READ A TH I RD time the day of day of day of day of,207.,207.,20,20 FINALLY CONSIDERED AND ADOPTED the day of,20 Lois E. Jackson Mayor Robyn Anderson Municipal Clerk
Bylaw No. 7662-2 - Attachment B Page 2 of 2 This is Schedule "A" to "Delta Zoning Bylaw No. 2750, 977 Amendment (Nijjer - LU007986) Bylaw No. 7662, 207" Legal: P.I.D. 008:'533-270 Lot 4 District Lot 6 Group 2 New Westminster District Plan 20048
Attachment C Page of Location Map Q;\C..,..,t Dw<oIopmeo\W FllES\!.UOO7\LU007~nga\UJOO79S Llnc.dWII. 92/206;7.5 AM
Attachment 0 Page of 2 Project Data for 5097 Linden Drive (LU007986) Owners Amandeep, Sandeep, Baldev and Rajinder Nijjer Applicant Baldev Nijjer Application Date August 2, 206 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 ISF Infill Single Family Residential No change (Ladner Area Plan) Policy 0.5 Exempt the subject property Permit limited infill housing with from Policy 0.5 to permit narrower lots, of a minimum size limited infill housing with of 2 m (39.4 ft) frontage and total narrower lots, of a minimum minimum area of 370 m 2 size of.98 m (39.3 ft) (3,983 ft2) frontage and total minimum area of 370 m 2 (3,983 ft2) Maximum Allowable Density 27 uph ( upa) No change Density 7.6 uph (3 upa) 5. uph (6 upa) Zoning RM Multiple Family (Duplex) RS7 Single Family (335 ml) Residential Residential No. of Lots 2 Lot Size,32 m L (4,29 ff) Lots and 2: 660.5 m 2 (7,0 ft2) Lot Width 23.96 m (78.6 ft) Lots and 2:.98 m (39.3 ft) Average Lot Depth 63 m (207 ft) Lot : 6 m (200 ft) Lot 2: 66 m (27 ft) Permitted under RM Zone Proposed under RS7 Zone Maximum House Size SF Dwelling: 423 m L (4,553 ftl)* Lots and 2: 330 m 2 (3,552 fe)* Duplex: 489 m 2 (5,263 ft2)* * in-ground basement not * in-ground basement not permitted in this area. p_ermitted in this area. Permitted under RM Zone Proposed under RS7 Zone Secondary Suite Yes No (for single family dwelling only) Maximum No. of Storeys 2.5 for single family dwelling or 2. vertical duplex.5 for side-by-side duplex
Attachment D Page 2 of 2 Maximum Building Height to: Roof Ridge Mid-Roof Maximum Building Site Coverage Maximum Impermeable Area Coverage Off-Street Parking: Single Family Dwelling Tree Retention, Removal and Replacement Trees to be Removed: 8 6 on-site and 2 municipal tree Street Trees One tree for every 9 m (30 ft) of street abutting the property Permitted under RM Zone 9.5 m (3 ft) for single family dwelling or vertical duplex 7.3 m (24 ft) for side-by-side duplex 8 m (26 ft) for single family dwelling or vertical duplex 4.8 m (6 ft) for side-by-side duplex 40% 60% 2 spaces (50% enclosed) Required 6 replacement trees based on 2 for replacement Tree replacement security Required $,000 cash-in-lieu for 2 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees) Proposed under RS7 Zone Lots and 2: 9.5 m (3 ft) Lots and 2: 8 m (26 ft) 40% 60% 2 spaces (00% enclosed) Proposed 6 replacement trees and $5,000 cash-in-lieu for 0 replacement trees ($500 per tree) $3,000 Proposed $,000 [I ~ J\ Iii ::
Attachment E PaQe of 2 Aerial Photograph of Subject Property and Surrounding Area I G:ICurrenl DevelopmentlLU FILESILUOO7lLU007986DrawlngsILU007986_ Aerlal.dwg, 28207 2:52:37 PM, smlthk
Attachment E Page 2 of 2 Aerial Photograph of Subject Property G:ICurrent DevelopmenllLU FILESILU007ILU007986IDrawingsILU007986_ AeriaL...Zoomed In Property.dwg, 28/207 2:57:3 PM, smithk
Attachment F Page of 3 Photographs of Subject Property and Surrounding Areas Context Photos Subject Property Adjacent Property to the West
Attachment F Page 2 of 3 Adjacent Property to the East Property Across the Street to the North
II Attachment F Page 3 of 3 RS? 2 m (39.4 ft) Wide Zoned Properties at the Northwest Corner of Westminster Avenue and Linden Drive RS? 2 m (39.4 ft) Wide Zoned Properties at the Northwest Corner of Westminster Avenue and Linden Drive
Attachment G Page of Survey Plan 20 PLAN 6865 2 PLAN 6865 7 3 PLAN 089 9 PLAN 6665 2 PLAN 06' 37 PLAN 3395 09 PLAN 32257 REM 3 PLAN 25236
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Attachment J Page of 2 MIKE FADUM AND ASSOCIATES LTD. VEGETATION CONSULTANTS #05. 8277 29 St. Surrey. British Columbia V3WOA6 Ph; (778) 593-0300 Fax; (778) 593-0302 Mobile; (604) 240-0309 t:;mail; mfadum@fadum,ca CliENT I ( FILE NO. 20 PLAN 6660 PROJECT TITLE TREE PRESERVATION AND PROTt:;CTION PLAN 5097 LINDEN DR. DELTA,6.C. 2 PLAN 6665 REVISIONS; ;) PLAN 059 9 PLAN 6865 37 PLAN 3395 o 5 0 20 LL.L.w,J=='lIiillllll??II??l METERS 0 PLAN 32257 REM 3 PLAN 25236 SHEET TITLE Tl - TREE PRESERVATION AND REMOVAL PLAN @ COPYl9ht Reserved. ThiS drawing and design is the propfjrty of Mike Fadum and AssocIates ltd. and may not be reproduced or ulled for other projecl~ without their permjssion. DRAWN SGL LEGEND o TREE TO BE RETAINED ~ TREE TO BE REMOVED MINIMUM NO DISTURBANCE ZONE SCALE AS SHOWN DATE JULY 5, 206 T- SHEET0F2
Attachment J Page 2 of 2 Boulevard Tree Photos Tree # 3824 (Dogwood Tree) - Boulevard tree to be removed Tree #3823 (Maple Tree) - Boulevard tree to be removed