ca t~A COUNCIL REPORT AB BOTSFORD Report No.: PDS 120-2016 Executive Committee August 19, 2016 File Nos: 3360-20/PRJ 16-051 To: Mayor and Council From: Blake Collins, Senior Planner Subject: Rezoning application for the property located at 4585 Sumas Mountain Road Owners: Deborah and George Keys RECOMMENDATIONS 1. THAT Bylaw No. 2628-2016, cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 95", which rezones the property covered under application 3360-20/PRJ16-051 from Country Residential Zone (CR) to Compact Lot Residential Zone (RS6), be given first and second readings at the next Regular Meeting of Council, and advanced to an upcoming Public Hearing; 2. THAT prior to adoption of Bylaw No. 2628-2016, cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 95'', the following conditions be satisfied: (a) entering into a development agreement with the City to secure required road and utility upgrades and extensions in accordance with Development Bylaw No. 2070-2011 , including the provision of a 1.25m road dedication along the full length of the Sumas Mountain Road frontage; (b) registering all easements and statutory right-of-ways necessary to provide 4585 and 4573 Sumas Mountain Road with sanitary services to accommodate development permitted by the Urban 4 - Detached land use designation as identified in the 2016 OCP to the satisfaction of the General Manager, Engineering and Regional Utilities; and (c) issues of funding for items not budgeted by the City being resolved; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter SUMMARY OF THE ISSUE The applicant has proposed to rezone the subject property from Country Residential (CR) to Compact Lot Residential (RS6). If approved, this application will allow the applicant to proceed with a 20 lot bare land strata single family residential subdivision. Report No. PDS 120-202016 Page 2 of 7 BACKGROUND Proposal: The applicant has proposed to rezone the subject property from CR to RS6 to allow a 20 lot bare land strata single family residential subdivision. Applicant: Bynett Construction Inc. (Mr. Dan Fisher) Owner: Deborah and George Keys Legal Description: Lot D Section 31 Township 19 New Westminster District Plan 70640 OCP Designation: Urban 4 - Detached Existing Zoning: Country Residential (CR) Proposed Zoning Site Area: 1.01 ha (2.49 acres) Site Description: The subject property is a gently sloping large lot with an existing single family home. A number of trees are located around the perimeter of the property and are scattered sparing throughout the remainder of the site. Surrounding Uses: N: Single Family Residential (zoned RS3-A) S: Large Lot Single Family Residential (zoned CR) E: Sumas Mountain Road beyond which is Large Lot Single Family (zoned RR) W: Large Lot Single Family Residential (zoned CR) DISCUSSION Official Community Plan (OCP) I Rezoning Proposal 1. The lands are designated Urban 4 - Detached in the Official Community Plan (OCP) (see Figure 3). The Urban 4 - Detached designation accommodates single detached housing at densities up to a maximum of 25 units per hectare based on Net Land Area. 2. Under the "Density and Development Calculations" of the OCP, the Net Land Area is determined by removing all lands with slopes in excess of 30%, streams and regional utility right-of-ways. In this case, approximately 116m2 of the subject property is identified as being in excess of 30% slopes (red areas shown of Figure 5). As such, the density calculation for the subject property as determined by the OCP is as follows: Gross Site Area of the Subject property= 1.01 ha 2 Area in excess of 30% slope= 0.0116 ha (116m ) Net Site Area= 0.998 ha Net Site Area of 0.998 ha x 25 units per hectare = 24.95 units Report No. PDS 120-202016 Page 3 of 7 Given the OCP contains a rounding prov1s1on that states when dealing with decimals units per hectare are rounded to the nearest whole number, the maximum permitted density on the subject property is 25 units. Based on calculation above, the proposal to rezone the subject property from Country Residential (CR) to Compact Residential (RS6) to allow for a 20 lot bare land strata single family development is consistent with the OCP (see Figures 3 and 6). 3. Furthermore, staff is of the opinion that the proposed development is consistent and compatible with other recent residential developments located along the west side of Sumas Mountain Road in this area including at 4595 Sumas Mountain Road which is under the final phase of house construction as a 26-lot bare land strata single family residential development. 4. The lands are further designated as "New Neighbourhoods". Within the "New Neighbourhoods" designation, development will be phased in a manner to ensure details relating to infrastructure, environment, and land uses can be coordinated and implemented in a cost efficient matter. Under the "New Neighbourhoods" designation, new developments which result in higher densities than the current zoning permits are not supported until the completion of a neighbourhood plan by the City. The current OCP was adopted on June 2?1h, 2016 which saw the implementation of the "New Neighbourhoods" designation. Council endorsed a transition policy to address in-stream applications which allows the current proposal to proceed without the need for a neighbourhood plan. Any applications under the "New Neighbourhoods" designation that were received after April 41h, 2016 will be required to be in compliance with a neighbourhood plan created by the City prior to rezoning consideration. 5. As this proposal is consistent with the Urban 4 - Detached designation and is exempt from requiring a neighbourhood plan based on the existing transitional policy, staff has no concerns with the proposed rezoning. Natural Areas Development Permit 6. A portion of the subject property lies within a Natural Environment Development Permit Area (NEDP) (see Figure 4). The purpose of these NEDP area is provide for and accommodate the use of the land for the intended purpose while also protecting and enhancing the City's natural areas; preventing the introduction and spread of invasive species; and, protecting water quality and quantity. The guidelines also establish exemptions from completing a Development Permit where a proponent provides satisfactory information to the City that clearly demonstrates that the proposed activity will not be in conflict with the guidelines. 7. The applicant has submitted a report prepared by Scott Resource Services dated April 8, 2016 that concludes that the site has low wildlife values and the proposed development is not anticipated to impact existing wildlife and wildlife features on or adjacent to the subject property (see Attachment A). The City's environmental coordinators have reviewed the report and concur with the conclusions. Therefore a NEDP is not required to proceed with the proposed development and the recommendations identified within the Environmental Report will be implemented in conjunction with existing City bylaws and/or through the subdivision process. Report No. PDS 120-202016 Page 4 of 7 Steep Slopes Development Permit 8. As per the OCP, development on lands greater than 20% and/or development within 20m of slopes that are 20% or greater are defined as a Development Permit Area (see Figure 5). The Steep Slopes Development Permit Guidelines also establishes an exemption where the proposed development is demonstrated to not be in conflict with the Development Permit Guidelines. Staff will review the need for a Steep Slope Development Permit and the geotechnical conditions of the site in greater detail with the subdivision application. If required, the Development Permit will be completed by staff and issued by the Director of Planning or designate in accordance with the Development Application Procedures Bylaw, 2016 prior to any subdivision approval. Staff notes that at this time given the very limited extent of the steep slopes on the subject property that a Development Permit is not anticipated. Tree Removal I Retention 9. An Arborist report prepared by Central Valley Arborist Consulting dated August 18, 2016 was submitted by the applicant (see Attachment B). A total of 39 trees greater than 20cm Diameter at Breast Height (DBH) are identified on the property and are subject to the City's Tree Protection Bylaw. According to the Arborist's recommendations, 15 trees are identified to be removed as they are either located within the proposed building envelopes and the proposed strata road allowance or are in poor health (see Figure 7). A total of 24 trees are proposed to remain. The 2016 OCP broadly supports the retention of existing mature trees, where possible, as part of the Improve Natural and Build Systems objectives. Prior to removal of the trees, the applicant will need to obtain a tree cutting permit issued by the City's Parks, Recreation and Cultural Services Department. As part of the permit process, security or cash-in-lieu to provide for replacement trees at a ratio of 2: 1 for all trees to be removed with a size of 20- 30cm DBH and 3: 1 for all trees removed greater than 30cm DBH will be obtained in accordance with the Bylaw. At this time, based on the Central Valley Arborist Consulting report and the documented tree health, planning staff estimate that 25 replacement trees will be required (generally replacement trees are not required for trees removed that are in poor condition and/or that are hazardous). Notwithstanding, the total tree replacements will be reviewed and confirmed by the City's arborist in conjunction with the submission of a future Tree Cutting Permit. Context Plan I Future Pedestrian Connections 10. During the review process both an Engineering Servicing Strategy and overall preliminary development context plan were prepared and reviewed for the lands north of Augustan Parkway East, south of Dawson Road and west of Sumas Mountain Road (see Figure 5).