development services - planning division staff report

Development Services - Planning Division

Staff Report

STAFF REPORT of 12

Project: P2019-102 Application Numbers: R19-032 File: 08-3310-21

DATE: November 2, 2020

BYLAW / PERMIT #: 5979-2020-5949(6) 5980-2020 (Street Naming)

PROPERTY ADDRESSES:

32505, 32524 & 32538 Cherry Avenue

LOCATION: Cedar Valley

CURRENT ZONING: Suburban 36 Zone (S36)

PROPOSED ZONING: Multi-unit Duplex Zone (MD465)

CURRENT OCP: Urban Compact

PROPOSED OCP: No change

PROPOSAL:

To rezone the subject properties to facilitate a 22-lot subdivision.

STAFF REPORT of 12

OVERVIEW AND STAFF COMMENTS:

This report details the rezoning application for the properties located at 32502, 32524, and 32538 Cherry Avenue and identifies the necessary amendment to the Zoning Bylaw.

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

Subject to Council’s approval, a Public Hearing will be scheduled for November 16, 2020.

PURPOSE:

To accommodate the subdivision of 22 lots and the creation of 11 fee simple duplexes. See Attachment A for the lot and building layout.

RATIONALE OF RECOMMENDATION:

The proposal is consistent with the Official Community Plan.

The proposal supports Council's strategic plan.

Official Community Plan and Zoning Bylaw Compliance

• The subject properties are currently designated Urban Compact in the Official Community Plan (OCP) and are zoned S36. The proposal for a rezoning to the MD465 Zone is consistent with the OCP and would accommodate the future subdivision of the lands. The proposed MD465 Zone allows for lot sizes of a minimum of 232 sq m (2,502 sq ft) for fee simple duplexes.

• The MD465 Zone allows for a lot size of 232 sq m only if a fee simple duplex is being constructed. The fee simple duplex must span two MD465 zoned lots. 232 sq m is half the size of a standard MD465 zoned lot and thus only permits half of a duplex.

• The proposed rezoning application conforms to OCP objective 5.4 to “encourage infill housing that increases density and integrates with the character of existing neighbourhoods”.

• Compact single-family residential lots are considered to be an intensive residential development with the design managed through a Development Permit Area. An Intensive Residential Development Permit will be required for the proposed lots to manage the form and character of the development. The Intensive Residential Development Permit is delegated to staff for approval.

• The proposed development and road layout follow the road network laid out in the Cedar Valley Local Area Plan.

SITE CHARACTERISTICS AND CONTEXT:

Applicant

• Central Valley Engineering (2004) Ltd.

Property Sizes

• The total area of the three parent parcels is approximately 1.017 ha (2.5 ac) in area.

• The subject properties are suburban sized lots, larger compared to many of the surrounding properties to the north, east, and south. There are residential buildings on 32502 and 32524 Cherry Avenue that will be removed as part of the development.

Neighbourhood Character

• The subject properties are located on the southwest boundary of the Cedar Valley neighbourhood.

STAFF REPORT of 12

The surrounding lands to the north and east are also designated Urban Compact in the OCP. They have recently been developed or are expected to be developed in the near future. The lands to the west are also designated as Urban Compact but remain as suburban lots. The lands to the south are designated as Urban Residential. Cherry Hill Elementary School is located to the south east of the site.

Servicing

• Development of this area will require servicing, as outlined under "Referrals".

STREET NAMING:

In accordance with Section 39 of the Community Charter and Council Policy Street Naming STR.28, a bylaw shall be prepared to provide a name for a new cul-de-sac road extending south off of Cherry Avenue. It is recommended the road be named Higginbottom Court and is shown on Attachment B.

Higginbottom Court

Edwin and Marie Higginbottom moved to Mission in 1954 and owned 32527 Cherry Avenue, the property across the street from the proposed Higginbottom Court. Edwin was a member of the Mission RCMP detachment and was appointed as Mission’s Municipal Police Chief in 1966. He also served as the Chairman for the Mission and District BC Centennial Committee that oversaw the installation of the filtration and heating plant for Mission’s first outdoor pool at the 2nd Avenue Park. Both Marie and Edwin were veterans of World War II and became members of Royal Canadian Legion Branch 57 upon moving to Mission. Marie was an active member of the Mission Branch of the Royal Canadian Legion, serving on the executive board from 1966-1968. Marie received a life-time achievement award from the District of Mission in 2004.

DEVELOPMENT VARIANCE PERMIT:

• DV20-015 – To vary Development and Subdivision Control Bylaw 5650-2017.

• The Development Variance Permit (DVP) proposes to vary two items:

o Development and Subdivision Control Bylaw 5650-2017, Schedule C, Section 6.4.4.1 - With regards to pipe design, this will lower the minimum required flow velocity from 0.6 m/s to 0.34 m/s.

o Development and Subdivision Control Bylaw 5650-2017, Schedule C, Section 6.5.1.1.1 – This will lower the minimum pipe size required for a sanitary main pipe from 200 mm to 150 mm.

• The need for the variance arises from unique engineering challenges posed by the development site. The two items will work together to achieve sanitary servicing as the smaller pipe size will promote scour and flow for the lower velocities. Both variance items come recommended by the Engineering Department in order to achieve optimal sanitary design and realize the full potential of the proposed zone.

DEVELOPMENT CONSIDERATIONS:

Intensive Residential Development Permit

• The Intensive Residential Development Permit Area is designed to establish guidelines for the form and character of intensive residential development to achieve a higher standard of building design, housing alternatives, site compatibility and site aesthetics that are consistent with a vibrant residential neighbourhood.

• Well-designed intensive residential developments help reinforce community identity of higher

STAFF REPORT of 12

density single-family residential neighbourhoods. The massing of buildings, exterior design and appearance, orientation to the street, landscaping, inclusion of open space, treatment of vehicular and pedestrian access and parking, maintenance of view, and attention to the physical attributes of the adjacent area are essential features to address.

Community Amenity Contribution

The applicant has volunteered to contribute $2,815 per new lot/unit in accordance with Policy LAN.40(C).

Hazardous Lands Assessment

Due to the slopes to the west of the property, a report prepared by a geotechnical engineer has been received and reviewed by our Building Division. A Geotechnical Hazards Development Permit will be required and approval has been delegated to staff.

Tree Management

In accordance with Council Policy LAN. 32 – Tree Retention and Replanting, the applicant will be required to plant a minimum of 44 trees, two trees for each of the 22 lots created. This condition will be met as part of the subdivision approval. In addition to this requirement, the applicant is required to replace any significant trees (trees having a calliper of 0.2 m or greater) that will be removed except in the areas defined as (a) building envelope to a maximum of 2,000 sq m (21,528 sq ft), (b) driveways, (c) septic field and (d) wells. No tree is permitted to be removed within an identified streamside protection and enhancement area.

Transit

The proposed development is within walking distance, approximately 400 m, from a transit stop.

Parkland Contribution

The OCP has not identified parkland on the subject property. Provisions of the Local Government Act (Act) authorize a local government to receive up to 5% land or cash-in-lieu contribution for parkland. Under this provision of the Act, 5% parkland cash-in-lieu will be collected from the developer prior to the completion of the subdivision.

REFERRALS:

Engineering Department: The Engineering Department has no objection to this proposal, subject to the completion of Engineering Servicing requirements, as outlined in Attachment C.

Building Division: No comment.

Bylaw Enforcement Division: The Bylaw Enforcement Division has commented that they have concerns regarding the amount of space for street and off-street parking as this project will create a higher density development on a dead-end cul-de-sac.

Mission Fire Rescue Service: Mission Fire Rescue Service requires that the applicant meet all bylaw requirements. An additional hydrant will be required to be located near the curve within the new access route.

COMMUNICATION:

In accordance with Land Use Application Procedures and Fees Bylaw 3612-2003, the developer has posted a development notification sign on the site summarizing the proposed development.

STAFF REPORT of 12

Provided that a public hearing date is determined by Council:

• the development notification sign will be modified to advertise the public hearing details (i.e., date, time, and place) and a notice will be mailed to the owners and occupiers of all properties within a radius of 152 m (500 ft) from the development site notifying them of the public hearing details;

• a Notice of Public Hearing will be prepared in accordance with Bylaw 3612-2003 and the Local Government Act; and

• a pre-public hearing information package will be prepared to include copies of all applicable documents and is available online or at Municipal Hall for public viewing (in accordance with Policy LAN. 50 Pre-Public Hearing Information Packages).

REQUIREMENTS PRIOR TO FINAL READING:

The Final Reading of the Zoning Amending Bylaw will be held until the following have been satisfied:

1. Substantial completion of subdivision application S19-017;

2. Collection of any volunteered contributions to the District’s community amenities reserve;

3. Collection of parkland contribution;

4. Completion of Engineering conditions as listed in Attachment C; and

5. Any other requirements resulting from Council’s consideration of the Bylaw and Public Hearing submissions.

ATTACHMENTS:

A – Site Plan

B – Street Naming Map

C – Engineering Department Comments

D – Draft Development Variance Permit DV20-015

SIGN-OFFS:

Rob Publow, Manager of Planning

JH / sj

Comment from Chief Administrative Officer: Reviewed.

development services - planning division staff report

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