3162-2021 land use contract no. 135 discharge bylaw 2021

COUNCIL REPORT

Executive Committee Report No. PDS 073-2021 Date: August 11, 2021 File No: 3100-05 PRJ21-056 To: Mayor and Council From: Anne-Marie Paquette, Assistant Planner Subject: Land Use Contract Discharge Application (35340 Purcell Avenue)

RECOMMENDATION 1. THAT Bylaw No. 3162-2021, “Land Use Contract No. 135, Discharge Bylaw, 2021", be

given first and second readings at the next Regular Meeting of Council and be advanced to an upcoming Public Hearing;

2. THAT prior to adoption of Bylaw No. 3162-2021, “Land Use Contract No. 135, Discharge

Bylaw, 2021” that all structures located within the required setbacks be modified to be consistent with the RS3 zone or removed.

REPORT CONCURRENCE

General Manager

The Acting General Manager concurs with the

recommendation of this report.

City Manager

The City Manager concurs with the

recommendation of this report.

PURPOSE To discharge Land Use Contract 135 to permit the underlying zoning of Urban Residential Zone (RS3) regulate development of the parcel and permit the construction of a detached garage. SUMMARY OF THE ISSUE The applicant proposes to discharge Land Use Contract 135 to allow the underlying zoning of Urban Residential Zone (RS3) to take affect and regulate development of the parcel. If approved, the applicant intends on constructing a detached garage as shown in Figure 5. The application is consistent with the Urban 4 – detached land use designation in the Official Community Plan (OCP). BACKGROUND Owners: Jack W Kolinsky and Holley Martens

Report No. PDS 073-2021 of 4

Legal Description: Lot 43 Section 25 Township 16 New Westminster District Plan 51107 OCP Designation: Urban 4 – Detached Existing Zoning: Land Use Contract No. 135 (District of Matsqui)

(with an underlying zoning of Urban Residential Zone (RS3)) Proposed Zoning: Urban Residential Zone (RS3) Site Area: 692 m2 (7,449 ft2) Site Description: The subject property is located in an established single family residential

neighbourhood on the south side of Purcell Avenue. The property contains a single family dwelling and detached outbuildings.

Surrounding Uses: N: Purcell Avenue and single family residential (regulated by LUC

No. 135 (District of Matsqui)) beyond; S: Single family residential (regulated by LUC No. 135 (District of

Matsqui)); E: Single family residential (regulated by LUC No. 135 (District of

Matsqui)); and W: Single family residential (regulated by LUC No. 135 (District of

Matsqui)). DISCUSSION Context 1. The subject property is located on Purcell Avenue midway between the intersections of

Purcell Avenue and McKee Road to the north and Purcell Avenue and Wells-Gray Avenue to the south. The area immediately surrounding the subject property is an established single family neighbourhood developed under LUC 135. Prince Charles Park and Prince Charles Elementary School are approximately 200m northeast of the subject property and a bus route on McKee Road, refer to Figure 2.

Official Community Plan (OCP) 2. The subject site is designated Urban 4 – Detached in the OCP (refer to Figure 3), the

purpose of which is to enable low density single detached housing in neighbourhoods. Single detached dwellings, with some ground oriented duplexes for residential uses with accessory units are permitted in this land use designation. The proposed discharge of Land Use Contract No. 135 to the underlying Urban Residential Zone (RS3) to permit the construction of a detached garage conforms to the Urban 4 – Detached designation.

Zoning 3. At present development for the subject site is regulated by Land Use Contract No. 135

(District of Matsqui), which was created in September 1977.

4. On May 29th, 2014, Bill 17: Miscellaneous Statutes Amendment Act, 2014, was passed by the Province of British Columbia. This Bill requires that all LUCs be terminated by June 30,


2024. Therefore, all municipalities that have LUCs within their jurisdiction must have a zoning designation in place for each property regulated by an LUC by that time. This Bill also enables local governments to pursue early termination of LUCs. Discharging LUC 156 is consistent with the mandate of Bill 17.

5. The applicant is proposing to construct a new detached garage with access to PurcellAvenue through an existing open sided carport. Land Use Contract No. 135 setbacks foraccessory structures are 1.5m for an interior lot line and 7.62m from the rear property lot linewhile the setbacks under the RS3 zone are 1.0m from either the interior lot line or the rearproperty lot line. Given the required 7.62m rear property line setback under LUC 135 theproposed garage cannot be constructed as proposed without first discharging the LUC. Thesiting of the structure complies in full with the RS3 zone (refer to Figure 5).

6. If the LUC discharge is approved the applicant intends to remove an existing shed,approximately 20m2, which is currently located within the interior lot line setback (refer toFigure 5). In addition, in order for the property to be compliant with the RS3 zone, theapplicant will be required to either modify an existing structure attached to the house to meetthe setback criteria or remove these features. Completion of these works has been added arecommended condition of final adoption of the LUC Discharge Bylaw.

Communication Plan

If Bylaw No. 3162-2021, "Land Use Contract No. 135 Discharge Bylaw, 2021" is supported by Council, Bylaw No. 3162-2021 will proceed to an upcoming Regular Meeting of Council, where it will be considered for first and second readings. If first and second readings are given, the bylaws will be forwarded to an up-coming Public Hearing. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper. The City will notify in writing the owners and occupiers of land within a 100 meter radius of the property and provide Council with copies of any feedback that is received.

The City received confirmation on June 23, 2021, that the applicant installed the required Development Notification Sign in accordance with the Development Application Procedures Bylaw, which requires the sign to be installed a minimum of 3 weeks in advance of Council’s consideration of the application.

FINANCIAL PLAN IMPLICATION

No financial plan implications are anticipated. Any capital works implications arising from this application have been addressed through the rezoning process.

Komal Basatia General Manager, Finance and Procurement Services Signed 7/30/2021 8:50 AM

IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION

The proposal meets the goals and objectives identified in the 2016 Official Community Plan, and Council’s 2019-2022 Strategic Plan which identifies four cornerstones: vibrant economy, complete community, fiscal discipline and organizational alignment. The proposal is consistent with the four cornerstones of Council’s Strategic Plan


SUBSTANTIATION OF RECOMMENDATION

Staff recommends support for the proposed Land Use Contract discharge of Land Use Contract No. 135 (District of Matsqui) and rezoning of the subject property to Urban Residential Zone (RS3) to permit the construction of an accessory structure as the proposal is in keeping with the broad objectives of the OCP and the guidelines of the Urban 4 - detached land use designation.

Anne-Marie Paquette Assistant Planner Signed 7/14/2021 9:20 AM

Blake Collins Director, Development Planning Signed 7/14/2021 10:34 PM

Mark Neill Acting GM, Planning and Development Services Signed 8/4/2021 2:32 PM

ATTACHMENTS:

PRJ21-056 Council Figures 3162-2021 Land Use Contract No. 135 Discharge Bylaw 2021 (Final Draft)

City Context Plan File: PRJ21-056 Location: 35340 Purcell Avenue

SELKIRK AVE

WELLS-GRAY AVE

PURCELL AVE

WELL

S-GRA

YCT

MCKEE RD

OMINECACT

MCKINLEYDR

MCKEE PLSubject Property

Figure 1 - Location PlanFile No.: PRJ21-05640 400

Meters

35340 Purcell AvenueDate6/8/2021±

MCKEE RD

MCKINL EYD R

STRATHCONA CT

SELKIRK AVE

WELLS-GRAY AVE

TWEEDSMUIR DR

CASSIAR AVE

MONA

SHEE

ST

TODD

CT

HI GHDR

OMINECACT

WHATCOM RD

MCKINLEY PL

ALLISON CT

MORG

AN WAY

BASS

ANO

TERR

ACE

GOLDSTREAMDR

MCKEE PL

OLD

CLAY

BURN

RD

CARIBOO CT

STONEYCREEK

WIEBEBROOK

STONEYCREEK

STONEYCREEK

STONEY CREEK

STON

EYCR

EEK

PRINCE CHARLESELEMENTARY

SCHOOL

ABBOTSFORDCHRISTIAN

MIDDLE SCHOOL

MCKINLEYPARKMCKEE

CREEKPARK

MOUNTAINSLOPES

PARK

PRINCECHARLES

PARK

UNDEVELOPEDGREEN SPACE

SANDYHILL PARK

Figure 2 - Context PlanFile No.: PRJ21-05650 1500

Meters

Creeks and StreamsLakeMarshBus StopsBus RoutesRight of WayTrails

Subject Property

±353400 Purcell Avenue

Date6/8/2021

NewNeighbourhoods

SELKIRK AVE

WELLS-GRAY AVE

PURCELL AVE

WELL

S-GR

AYCT

MCKEE RD

OMINECACT

MCKINLEYDR

MCKEE PL

New NeighbourhoodsUrban 4 - DetachedUrban Large LotInstitutionalOpen Space

Subject PropertyUrban 4 - Detached

Figure 3 - Official Community PlanFile No.: PRJ21-05640 400

Meters ±35340 Purcell Avenue

Date6/8/2021

P2 RS1

RS3

C2

RS3

P2

P2

RS3

RS5-A

CR

P2

CR

N30

MCKEE RD

MCKINLE YDR

MCKEE DR

SELKIRK AVE

WELLS-GRAY AVE

PURCELL AVE

HIGHDR

OMINECACT

OLD CLAYBURN RD

MCKEE PL

Subject PropertyExisting LUC 135Underlying Zone = RS3

Figure 4 - Existing LUC & Underlying ZoningFile No.: PRJ21-056

50 500

Meters ±35340 Purcell Avenue

LUC 135LUCC2

CRN30P2

RS1RS3RS5-A

Date6/8/2021

35340 Purcell AvenueFigure 5 - Proposed Site PlanFile No.: PRJ21-056

Date7/14/2021±

Existing attached lean-toto be removed

Shed to be removed

Gazebo to be removed

Existing concreteto be replaced

Proposed 58m2 detached garage (no water connectionto garage)

Access to garage through open sided carport

RS3 1.0m setback

35340 Purcell AvenueFigure 6 - ElevationsFile No.: PRJ21-056

Date6/9/2021±

3.9m

7.62m 7.62m

CITY OF ABBOTSFORD

LAND USE CONTRACT NO. 135 DISCHARGE BYLAW 2021

Bylaw No. 3162-2021 PRJ21-056

Final Draft – July 14, 2021

WHEREAS Land Use Contract No. 135 (the “Land Use Contract”), authorized by Bylaw No. 1436 cited as Land Use Contract Bylaw No. 135 was lawfully entered into by the City;

AND WHEREAS the Land Use Contract was registered in the Land Title Office on

September 30 1976, under Filing Number M92452, and modified by filing numbers BN63430 and BN63428;

AND WHEREAS the registered owners of the described property have applied to the City

for permission to discharge the Land Use Contract.

The Council of the City of Abbotsford, in open meeting assembled, enacts as follows: 1. CITATION

Bylaw No. 3162-2021 may be cited as “Land Use Contract No. 135 Discharge Bylaw 2021”.

2. APPROVAL OF LAND USE CONTRACT 135 DISCHARGE AGREEMENT

The Discharge Agreement set out in the attached Appendix “A”, to discharge Land Use Contract No. 135 registered against the lands as shown on Appendix “B” and located at 35340 Purcell Avenue, is approved.

READ A FIRST TIME this day of , 2021 READ A SECOND TIME this day of , 2021 PUBLIC HEARING HELD this day of , 2021 READ A THIRD TIME this day of , 2021 ADOPTED this day of , 2021

CITY OF ABBOTSFORD


Bylaw No. 3162-2021 PRJ21-056


APPENDIX “A”

DISCHARGE AGREEMENT – LAND USE CONTRACT NO. 135 THIS AGREEMENT made this day of , 2021 BETWEEN:

JACK WILFRED KOLINSKY HOLLEY MARTENS 35340 Purcell Avenue Abbotsford, British Columbia V3G 1A3 (the “Owners”)

AND: CITY OF ABBOTSFORD 32315 South Fraser Way Abbotsford, British Columbia V2T 1W7 (the “City”)

WHEREAS: (A) The Owners are the legal and beneficial owners of a certain parcel of land more

particularly known and civically described as: 35340 Purcell Avenue (the “Lands”); (B) The City is the registered owner of a certain charge known as Land Use Contract No. 135

pursuant to the Local Government Act; (C) The Owners wish to discharge Land Use Contract No. 135 registered under Filing

Number M92452, and modified by filing numbers BN63430 and BN63428; and (D) The City adopted Bylaw No. 3162-2021 authorizing the discharge of Land Use Contract

No. 135 registered against the Lands.

CITY OF ABBOTSFORD


Bylaw No. 3162-2021 PRJ21-056


NOW THEREFORE IN CONSIDERATION of the premises and the payment of the sum of ONE DOLLAR ($1.00) of lawful money of Canada (receipt of which is acknowledged by the City) the parties agree each with the other as follows, that: 1. Pursuant to the Local Government Act, Land Use Contract No.135, dated the 30th day of

September, 1976, shall be discharged in respect of the Lands; and 2. Such discharge of Land Use Contract No. 135 in respect of the Lands shall be registered

in the New Westminster Land Title Office in accordance with the Land Title Act. IN WITNESS WHEREOF the parties have set their hands or, in the case of a corporation, the corporate seal was affixed in the presence of its duly authorized officers on the date and year first above written. CITY OF ABBOTSFORD, by its authorized signatory(ies): HENRY BRAUN, MAYOR GABRYEL JOSEPH, CITY CLERK

) ) ) ) ) ) ) ) ) ) )

SIGNED, SEALED, AND DELIVERED in the presence of: Print Name:

) ) ) ) ) ) ) ) ) ) )

JACK WILFRED KOLINSKY HOLLEY MARTENS

CITY OF ABBOTSFORD


Bylaw No. 3162-2021 PRJ21-056


3162-2021 land use contract no. 135 discharge bylaw 2021

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