16. bylaws for consideration · district of mission zoning amending bylaw 5554-2016-5050(193) page...

LATE ITEMS 16(h) and 16(i) – Regular Council Agenda – October 17, 2016

16. BYLAWS FOR CONSIDERATION

(h) Zoning Amending Bylaw 5554-2016-5050(193)

R15-028 (Orca Pacific Developments) – a bylaw to add a new Comprehensive Development Zone (CD38) to the zoning bylaw and to rezone the property at 11445 Wilson Street from Rural 16 (RU16) Zone to Rural Residential 7 Secondary Dwelling (RR7s) Zone and Comprehensive Development 38 (CD38) Zone

Excerpt from Public Hearing minutes and previous staff report included as background information for Zoning Amending Bylaw 5554-2016-5050(193) and Street Naming Bylaw 5555-2016

Adoption

Page 2

(i) Street Naming Bylaw 5555-2016 (Kennedy Terrace)

A bylaw to name a street running southwest over a portion of 11445 Wilson Street as “Kennedy Terrace”

Adoption

Page 24

1

DISTRICT OF MISSION

BYLAW 5554-2016-5050(193)

Bylaw to amend "District of Mission Zoning Bylaw 5050-2009"

WHEREAS, under the provisions of the Local Government Act, a Council may, by bylaw, divide the municipality into zones and regulate the use of land, buildings and structures within such zones; AND WHEREAS the Council of the District of Mission has adopted "District of Mission Zoning Bylaw 5050-2009" and amended same from time to time; AND WHEREAS the Council of the District of Mission deems it advisable and in the public interest to amend the Zoning Bylaw; NOW THEREFORE the Council of the District of Mission, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "District of Mission Zoning Amending Bylaw

5554-2016-5050(193).”

2. "District of Mission Zoning Bylaw 5050-2009" as amended, is hereby further amended by:

a) inserting the Comprehensive Development 38 (CD38) Zone attached as Schedule A and forming part of this Bylaw;

b) rezoning the property located at 11445 Wilson Street and legally described as:

Parcel Identifier: 008-621-039 Lot 19 Section 15 Township 15 New Westminster District Plan 39781

from Rural 16 (RU16) Zone to Rural Residential 7 Secondary Dwelling (RR7s) Zone for the westernmost portion of the property and from Rural 16 (RU16) Zone to Comprehensive Development 38 (CD38) Zone for the easternmost portion of the property, as shown on Schedule B attached to and forming part of this Bylaw; and

c) amending the zoning maps accordingly.

READ A FIRST TIME this 7th day of March, 2016

READ A SECOND TIME this 7th day of March, 2016

PUBLIC HEARING held this 21st day of March, 2016

READ A THIRD TIME this 18th day of April, 2016

ADOPTED this __ day of ___, 2016 RANDY HAWES, MAYOR MIKE YOUNIE, CORPORATE OFFICER

2

District of Mission Zoning Amending Bylaw 5554-2016-5050(193)

Page 2 of 5

SCHEDULE A SECTION 1238 CD38 A. Zone Intent

1. This Zone is based on the RR7s Zone and the intent of this zone is to provide one Single Family Dwelling with a Secondary Dwelling Unit in the Rural Residential area and com-patible accessory uses, where significant community amenities and or benefits have been contributed, which are considered to offset the additional density achievable when compared to the RR7s Zone.

B. Permitted Uses

1. The following Principal Uses and no other shall be permitted in the CD38 zone:

a. Residential limited to:

i. Duplex, or ii. One Single Family Dwelling.

2. The following Accessory Uses and no other shall be permitted in the CD38 zone:

a. Agriculture limited to:

i. Hobby Greenhouse, ii. Small Scale Agriculture – provided minimum lot size is 0.36 ha (0.88 ac).

b. Residential limited to:

One of:

i. Bed and Breakfast, or ii. Boarding Use, or iii. Residential Care, or iv. Secondary Dwelling Unit (Section 106 Part F.), provided the Principal Use is not

a Duplex, limited to one of: Secondary Suite, or Coach House, or Garden Cottage

And,

v. Detached Garage, vi. Home Occupation

c. Storage limited to:

i. Enclosed Storage.

3


Page 3 of 5 C. Lot Area

1. Each Lot shall have a minimum area as shown on the following table:

Zone: Area

CD38 0.65 ha (1.6 ac)

D. Setbacks

1. All Buildings and Structures shall be sited in accordance with the following minimum Setbacks:

Front Rear Interior

Side Exterior

Side

Principal Building 7.5 m (24.6 ft)

7.5 m (24.6 ft)

3.0 m (9.8 ft)

4.5 m (14.8 ft)

Accessory Build-ing/Structure

7.5 m (24.6 ft)

7.5 m (24.6 ft)

3.0 m (9.8 ft)

4.5 m (14.8 ft)

Hobby Agriculture Building/Structure

15 m (49.2 ft)

15 m (49.2 ft)

15 m (49.2 ft)

15 m (49.2 ft)

E. Lot Coverage

1. Buildings shall together cover not more than 15% of the Lot Area. F. Floor Space

1. A Floor Space Ratio is not applicable in these zones. G. Impervious Surfaces

1. Impervious Surfaces shall together cover not more than 25% of the Lot Area. H. Number of Residential Buildings

1. Buildings for a Residential Use shall be limited to one per Lot except where a Secondary Dwelling is located within a Coach House or Garden Cottage.

I. Height of Buildings

1. The Height of the Principal Building shall not exceed 11.0 m (36.1 ft). 2. The Height of an Accessory Building shall not exceed one storey to a maximum of 6.0 m

(19.7 ft).

3. The Height of a Building or Structure for a Coach House shall not exceed 9.0 m (29.5 ft).

4. The Height of a Building or Structure for Hobby Agriculture use shall not exceed 11.0 m (36.1 ft).

4


Page 4 of 5 J. Off Street Parking

1. Off Street Parking shall be in accordance with the provisions of Section 109. K. Hobby Greenhouse Use

1. Shall be limited to a maximum of two Buildings not exceeding a total area of 70 sq m (750 sq ft).

2. Where Greenhouse use is artificially illuminated, light spillage shall not extend beyond

the subject property boundary.

3. A solid landscape buffer of a minimum of 2.0 m (6.5 ft) in height is required.

5


Page 5 of 5

SCHEDULE B

Legend

Cross Hatched area to be rezoned from Rural 16 (RU16) Zone to Rural Residential Secondary Dwelling (RR7s) Zone

Shaded area to be rezoned from Rural 16 (RU16) Zone to Comprehensive Development 38 (CD38) Zone

6

Excerpt from Regular Council Meeting Minutes Page 1 of 2 March 21, 2016

PUBLIC HEARINGS

RC16/148 MAR. 21/16

Zoning Amending Bylaw 5554-2016-5050(193)

R15-028 (Orca Pacific Developments) – a bylaw to add a new Comprehensive Development Zone (CD38) to the zoning bylaw and to rezone the property at 11445 Wilson Street from Rural 16 (RU16) Zone to Rural Residential 7 Secondary Dwelling (RR7s) Zone and Comprehensive Development 38 (CD38) Zone

The purpose of the proposed Zoning bylaw amendment is to facilitate 3 lot subdivision and secondary dwellings on new lots. The subject property is legally described as:


The Mayor opened the public hearing at 7:28 p.m.

The Deputy Chief Administrative officer stated that one presentation pertaining to the subject application had been received.

Chris Laing, Manager of Planning, showed a PowerPoint presentation that provided the following information:

1. Purpose and outline of the proposal.

2. Subject property map, aerial and site photos.

3. Site topography.

The Mayor opened the floor to the public for questions and comments.

Joey Schucknecht expressed concern regarding potential negative effects to the drinking water due to the proximity of additional septic fields from the development, as well as concern about increased risk of fire and the lack of access to fire hydrants in the area. The Director of Engineering and Public Works noted that all septic systems must be approved by Fraser Health and that proximity to well water is included in their analysis.

Leonard Carter raised concern regarding the ability for Fire Services to access and fight fires in the area. He further commented that his well has run dry each summer for the last three years and expressed concern about additional strain on the water supply, as well as concerns for contamination of drinking water and watercourses from septic fields.

Council directed staff to provide a report with additional information on the septic system for this development.

Roberta Lindsay commented that the road conditions and traffic on Wilson Street can be hazardous and expressed concern with increased traffic from this development, as well as from the development of the Stave West area. She raised concerns about erosion from the removal of trees and the impact on the root systems of the trees from the development. Ms. Lindsay stated that the new road will open up access for additional developments which would have an increased impact on the environment, traffic, water supply and wildlife.

Mac MacDonald owns the property to the south of the subject properties. He noted that due to a surveying error many years ago, his gas line was installed on the subject property by mistake and was exposed and damaged during the construction of the road. Mr. MacDonald commented that he was not given any prior notification of blasting and expressed concern that the blasting could damage his property. He questioned why the developer has already been drilling a well and building the road before the development application has been approved by Council. He further noted concern about drainage

7

Excerpt from Regular Council Meeting Minutes Page 2 of 2 March 21, 2016

from the new roadway, potential impacts on watercourses on the property, contamination of the well water and increased risk of fire.

Council directed staff to investigate the concerns raised during the public hearing and provide a report back with recommendations prior to the application moving forward.

Ed Grice, the applicant for the development, noted that he has met with District staff on multiple occasions during the pre-approval process and that under the current zoning, he is allowed to put in access to the property and to drill a well to test for potable water without requiring a permit. He further commented that he has been working with the Fire Department to ensure that fire crews can access the property in the event of a fire and with geotechnical engineers to complete a site hazard assessment plan and to ensure stability of the ground. Mr. Grice noted that Fraser Health has approved one well already and approved an area for a septic field.

Joey Schucknecht commented that the roadway being built is a two lane road and not a typical driveway.

Len Murdoch, applicant for the development, commented that his company has been working with Mr. MacDonald and noted that they have tailored the development around his driveway, which is on their property, at greater expense to themselves. Mr. Murdoch remarked that he has been working in conjunction with District staff from the beginning of the project to ensure requirements are met and that the city is happy with their plans for the development.

Leonard Carter expressed concern with the removal of trees on the property and questioned why the road was built directly next to Mr. MacDonald’s property.

Ed Grice commented that Mr. MacDonald’s driveway extends 12 feet onto his property. He further noted that, when the gas line was discovered during the construction of the road, they paid to have it repaired and confirmed through an independent surveyor that the gas line was on their property.

Roberta Lindsay noted that there is a for sale sign on the property for the lots which have not yet been approved by Council.

Carolyn Turpin expressed frustration at the manner in which the developer has communicated with Mr. MacDonald, stating that they have removed trees that impact Mr. MacDonald’s privacy, and that the stability of his driveway is now at risk from the removal of soil to build the new road.

Hearing no further questions or comments, the Mayor declared the Public Hearing for District of Mission Zoning Amending Bylaw 5554-2016-5050(193) R15-028 (Orca Pacific Developments) closed at 8:48 p.m.

8

Development Services Staff Report to Council

STAFF REPORT TO COUNCIL Page 1 of 15

File Category: 3310-15 P2015-061 R15-028 S15-018

DATE: March 7, 2016

TO: Mayor and Council

FROM: Robert Publow, Planner

SUBJECT: Rezoning R15-028 and Street Naming for a 3-lot rural residential development

ATTACHMENT(S): Appendix 1 – Information for Corporate Officer Appendix 2 – Location Map Appendix 3 – Zoning Amending Bylaw Reference Plan Appendix 4 – Draft Plan of Subdivision Appendix 5 – Proposed Comprehensive Development 38 (CD38) Zone Appendix 6 – Engineering Department Comments Appendix 7 – Forestry Department Comments

CIVIC ADDRESS: 11445 Wilson Street

APPLICANT: Ed Grice (Orca Pacific Developments)

OCP: This application is in conformance with the current Rural Residential OCP designation

DATE APPLICATION COMPLETE: February 4, 2016

LOCATION:

9

STAFF REPORT TO COUNCIL Page 2 of 15

OVERVIEW AND STAFF COMMENTS

SUMMARY Development applications have been received from Edward Grice of Orca Pacific Development, for the property located at 11445 Wilson Street as shown in Appendix 2. The applications propose to rezone the western portion of the subject property from Rural 16 (RU16) Zone to Rural Residential 7 Secondary Dwelling (RR7s) Zone and the eastern portion to Comprehensive Development 38 (CD38) Zone as shown on Appendix 3.

The rezoning is to accommodate a two (2)-lot subdivision (Lots 2 and 3) with one larger remainder parcel, shown as Lot 1 in Appendix 4. Lot 1 would have potential for further subdivision into two (2) lots, for an eventual total of four (4) lots. Specifically, the proposal is to rezone the two western lots (Lots 2 and 3) to the RR7s Zone and to rezone Lot 1 to the proposed CD38 Zone. The applications also include the development of a new street to which the surname “Kennedy” is proposed.

The CD38 Zone is based largely on the RR7s Zone, which is considered consistent with the Official Community Plan (OCP) designation of Rural Residential.

The CD38 Zone, proposed for application on Lot 1 is intended to allow the developer to ultimately yield four (4) lots, while also facilitating the creation of the proposed new street (Kennedy Terrace), which will facilitate future development of lands to the south of the subject property.

The CD38 zoning regulations are detailed in Appendix 5 and the draft plan of subdivision is shown in Appendix 4.

BACKGROUND

The subject property is located in the southern part of Stave Falls in an area designated within the OCP as Rural Residential. This designation envisions lots as small as 0.7 hectares (1.73 acres) in area. Within this area along Wilson Street, the development of lots to a density envisioned in the OCP is challenging due to a cliff that runs north - south and parallels Wilson Street thus limiting vehicular access to the majority of the area. West of the steep cliff is a plateau which holds potential for future development into lots as envisioned by the OCP.

Mr. Grice’s interest in developing the subject property presents an opportunity for the District of Mission to secure public access to the plateau west of the cliff through the development of a road constructed to municipal standards. Road access from Wilson Street is limited to the subject property where the alternative would be to allow of a series of panhandles and steep private driveways from Wilson Street.

The development of the proposed municipal road facilitating access to the top of the cliff through the subject property is considered to be a valuable and a necessary addition to the municipal road network. The new road will eliminate the need for numerous individual panhandle driveways and

This report details the rezoning and street naming applications related to the development of the property located at 11445 Wilson Street and identifies the necessary bylaw amendments.

Staff support the applications moving forward and as such have listed the Zoning Amending Bylaw and the Street Naming Bylaw under the “Bylaws for Consideration” section of the Council agenda.

Subject to Council’s approval, a Public Hearing will be scheduled for March 21, 2016.

10

allow access to areas with development potential and will facilitate development of the four properties south of the subject property to densities possible under the Rural Residential designation.

Staff are supporting the construction of a municipal road to ensure safe public access to the development lands beyond this property. With the construction and dedication of this new road, Mr. Grice will be contributing a valuable piece of infrastructure that has the potential to open future development opportunities on adjacent properties. Staff consider this access to be beneficial to the community as a whole by facilitating the OCP density objectives for the area.

SITE CHARACTERISTICS The subject property is approximately 3.1 hectares (7.67 acres) in size and is located west of Hayward Lake, close to the Mission / Maple Ridge municipal boundary. The property is well treed and slopes down from west to east, including several cliffs and natural rock outcrop features. No dwelling or structures have been developed on the property at this point in time; however, a building permit has been received for a single family dwelling to be located in the area proposed as Lot 1. Some clearing, lot grading and site preparations have been undertaken by the property owner, including significant works (grading and blasting) related to site preparation for the proposed road.

PLANNING ANALYSIS Zoning and OCP Bylaws Compliance

The subject property is currently designated Rural Residential in the OCP and zoned RU16 Zone. The proposal is to rezone proposed Lot 1 from RU16 to the proposed CD38 and to rezone proposed Lots 2 and 3 to the RR7s Zone, as shown on the Zoning Amending Bylaw Reference Plan, attached as Appendix 3. While a rezoning of the entire site to the RR7s Zone could yield a total of four (4) lots in the future if an alternative access were provided at an alternative location, the applicant has been requested to prepare a subdivision layout involving the dedication of a new municipal road. However, the maximum possible yield under the RR7s Zone would only be three (3) lots.

As acknowledgement of the community benefit of the proposed municipal road and the considerable works undertaken by the applicant to provide this public road access, staff have developed the proposed new CD38 Zone that would accommodate slightly smaller lots to offset the loss of land due to road dedication and thereby increasing the potential lot yield back to four lots making the project viable. The CD38 Zone is modelled after the RR7s Zone, with the only significant difference being the minimum lot area required to create new lots is slightly less; approximately 0.05 hectares (0.12 acres) less.

Within the RR7s Zone, the minimum lot area for a new lot is 0.7 hectares (1.73 Acres) and under the proposed CD38 Zone the minimum lot area required to create a new lot would be 0.65 hectares (1.6 Acres). The intent of the reduction in minimum Lot Area is to facilitate the future subdivision of Lot 1 into two (2) lots.

Both the RR7s Zone and the proposed CD38 Zone would allow for a secondary dwelling use on each of the proposed lots. Secondary Dwelling Unit uses (i.e., coach homes, garden cottages and secondary suites) are supported by a number of policies in the OCP and in particular on lots that are large enough to accommodate on-site parking that are separate and unencumbered from the off street parking of the primary residence, and where private outside amenity space is provided. Given the size of the proposed lots, meeting the off-street parking requirements is not expected to present any difficulty.

11

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request as considerable efforts have been made by the applicant to ensure the District achieve further development of the surrounding area as envision by the OCP. Considerable costs related to blasting and grading of the road path have been expended by the applicant to meet current municipal road standards.

FINANCIAL IMPLICATIONS The applicant has requested that Council consider the construction of this road as an in-kind contribution in lieu of a voluntary contribution to the Community Amenity Fund as would be typically provided by developers. Staff support the applicant’s request and recommend that Council accept the applicant’s proposed contribution, as the proposed infrastructure can be considered a community benefit due to the road providing access to lands beyond the subject property for future development.

COMMUNICATIONS The developer has posted one (1) development notification sign on the site summarizing the proposed development. Provided a public hearing date is determined by Council, the sign will be modified to advertise the public hearing details (i.e., date, time and place). In addition, a notice will be mailed to the owners and to the occupiers of all properties within a distance of 500 metres (1,640 feet) of the development site notifying them of the public hearing details.

Policy LAN.50 - Pre-Public hearing Information Packages

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Bylaw 3612-2003 Land Use Application Procedures and Fees

A notice of Public Hearing will be prepared in accordance with Bylaw 3612-2003 and the Local Government Act.

REFERRALS Engineering

The Engineering Department has no objection to the rezoning as outlined in Appendix 6.

Forestry Department

The Forestry Department has no objection to the rezoning as outlined in Appendix 7.

13

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Appendix 1

Information for Corporate Officer

Civic Address:

11445 Wilson Street

PID: 008-621-039

Legal: Lot 19 Section 15 Township 15 New Westminster District Plan 39781

15

Appendix 2

Location Map

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18

Appendix 5

Proposed Comprehensive Development 38 (CD38) Zone

SECTION 1238 CD38 A. Zone Intent

1. This Zone is based on the RR7s Zone and the intent of this zone is to provide one Single Family Dwelling with a Secondary Dwelling Unit in the Rural Residential area and compatible accessory uses, where significant community amenities and or benefits have been contributed, which are considered to offset the additional density achievable when compared to the RR7s Zone.

B. Permitted Uses

1. The following Principal Uses and no other shall be permitted in the CD38 zone:

a. Residential limited to:

i. Duplex, or ii. One Single Family Dwelling.

2. The following Accessory Uses and no other shall be permitted in the CD38 zone:

a. Agriculture limited to:

i. Hobby Greenhouse, ii. Small Scale Agriculture – provided minimum lot size is 0.36 ha (0.88 ac).

b. Residential limited to:

One of:

i. Bed and Breakfast, or ii. Boarding Use, or iii. Residential Care, or iv. Secondary Dwelling Unit (Section 106 Part F.), provided the Principal Use is not a

Duplex, limited to one of: Secondary Suite, or Coach House, or Garden Cottage

And,

v. Detached Garage, vi. Home Occupation

c. Storage limited to:

19

i. Enclosed Storage. C. Lot Area

1. Each Lot shall have a minimum area as shown on the following table:

Zone: Area CD38 0.65 ha

(1.6 ac) D. Setbacks

1. All Buildings and Structures shall be sited in accordance with the following minimum Setbacks:

Front Rear Interior Side

Exterior Side

Principal Building 7.5 m (24.6 ft)

7.5 m (24.6 ft)

3.0 m (9.8 ft)

4.5 m (14.8 ft)

Accessory Building/Structure

7.5 m (24.6 ft)

7.5 m (24.6 ft)

3.0 m (9.8 ft)

4.5 m (14.8 ft)

Hobby Agriculture Building/Structure

15 m (49.2 ft)

15 m (49.2 ft)

15 m (49.2 ft)

15 m (49.2 ft)

E. Lot Coverage

1. Buildings shall together cover not more than 15% of the Lot Area. F. Floor Space

1. A Floor Space Ratio is not applicable in these zones. G. Impervious Surfaces

1. Impervious Surfaces shall together cover not more than 25% of the Lot Area. H. Number of Residential Buildings

1. Buildings for a Residential Use shall be limited to one per Lot except where a Secondary Dwelling is located within a Coach House or Garden Cottage.

I. Height of Buildings

1. The Height of the Principal Building shall not exceed 11.0 m (36.1 ft). 2. The Height of an Accessory Building shall not exceed one storey to a maximum of 6.0 m (19.7

ft).

3. The Height of a Building or Structure for a Coach House shall not exceed 9.0 m (29.5 ft).

4. The Height of a Building or Structure for Hobby Agriculture use shall not exceed 11.0 m (36.1 ft).

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J. Off Street Parking

1. Off Street Parking shall be in accordance with the provisions of Section 109. K. Hobby Greenhouse Use

1. Shall be limited to a maximum of two Buildings not exceeding a total area of 70 sq m (750 sq ft).

2. Where Greenhouse use is artificially illuminated, light spillage shall not extend beyond the

subject property boundary.

3. A solid landscape buffer of a minimum of 2.0 m (6.5 ft) in height is required.

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Appendix 6

Engineering Comments

22

Appendix 7

Forestry Comments

23

DISTRICT OF MISSION

BYLAW 5555-2016

A Bylaw to name a street within the District of Mission

WHEREAS the Council of the District of Mission, pursuant to the provisions of Section 39 of the Community Charter, may assign the name of any highway;

AND WHEREAS the Council of the District of Mission deems it advisable to name certain streets within the Municipality;

NOW THEREFORE the Council of the District of Mission, in open meeting assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as "District of Mission Street Naming (Kennedy Terrace) Bylaw 5555-2016”.

2. The road running southwest over a portion of 11445 Wilson Street and legally described as:


as shown on Schedule “A” attached to and forming part of this Bylaw, shall be named

Kennedy Terrace.

READ A FIRST TIME this 7th day of March, 2016 READ A SECOND TIME this 7th day of March, 2016 READ A THIRD TIME this 7th day of March, 2016 ADOPTED this XX day of XXX, 2016

RANDY HAWES, MAYOR MIKE YOUNIE, CORPORATE OFFICER

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District of Mission Street Naming (Kennedy Terrace)

Bylaw 5555-2016 Page 2 of 2

SCHEDULE "A"

Kennedy Terrace

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16. bylaws for consideration · district of mission zoning amending bylaw 5554-2016-5050(193) page...

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