pds 095-2015, rezoning map amendment for 103 … 095...report no. pds 095-2015 page 3 of 3...

cs t~A ABBOTSFORD Report No. PDS 095-2015

June 15, 2015 File No: 3360-20/R15-013

To: Mayor and Council From: Nick Crosman, Assistant Planner

COUNCIL REPORT

Executive Committee

Subject: Rezoning Map Amendment for 103 properties on Eagle Mountain, North of Eagle Summit Drive (Applicant: Eagle Mountain Properties Ltd. - Director: Alf Wall)

RECOMMENDATIONS

1. THAT Bylaw No. 2451-2015, cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 53" which proposes to rezone the properties covered under application 3360-20/R15-013, from Comprehensive Development Two Zone (N2), to Urban Residential Zone (RS3), Urban Residential Zone (RS3-A), Residential Zone (RS5) and Residential Zone (RS5-A) 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. 2451-2015, the applicant discharge the Build ing Envelope Covenants from the title of all properties that are included in this application, registered as BB749828, BB749831 and CA4174293; and

3. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter.

SUMMARY OF THE ISSUE

At time of the original development, Planning and Development Services staff worked with the previous owner to create the Comprehensive Development Two Zone (N2) to identify specific development regulations to best suit the area, given the topography and environmental features. Since that time, Abbotsford has repealed the 1996 Zoning Bylaw, and adopted Zoning Bylaw 2400-2014, which altered many specific development regulations, including setbacks, building height and lot coverage. The developer would like to move the subject properties into the standard Zoning (RS3, RS3-A, RS5, RS5-A), to improve the building envelope on many of the lots, and allow for up to 50% of the existing lots to be permitted Secondary Suites.

As a condition of the original Subdivision, all of the lots in the application were required to register a Building Envelope Covenant on their respective titles with Land Titles Office (L TO), which specifically outlines where buildings can be constructed on the lot based on the setbacks of the zone. Should Council choose to approve this rezoning application, the setbacks will change and as a result, the Building Envelope Covenants must be discharged from the subject properties, in order to fully utilize the amended setbacks.

L:\R15\R15-01 3\PDS 095-201 5.docx

Report No. PDS 095-2015 of 3

BACKGROUND

The existing 103 single family lots were approved and registered at Land Titles Office between 2008 and 2009.

DISCUSSION

Official Community Plan

1. The Official Community Plan (OCP) designates the properties as Urban Residential. This land use designation is characterized by neighbourhoods of "ground-oriented" housing at relatively low densities. This type of housing can include detached houses, semi-detached houses, and attached housing (such as cluster housing or townhouses) at relatively low densities. The proposed zoning is consistent with the intent of the Urban Residential land use designation. Pursuant to Objective 1.4, Policy 9 of the OCP, no more than 50% of new subdivisions will be eligible for Secondary Suites.

Zoning

2. The subject lands are currently zoned N2, a site specific Comprehensive Development Zone that permits single detached dwellings, duplexes and townhouses. Several development regulations will change with the proposed rezoning. The changes include improved building envelopes by reducing the side and rear setbacks, and in some cases increase the lot coverage from 33% to 40%.

3. Under the N2 Zone secondary suites are not permitted. The proposed zoning would result in 50% of the lots to be permitted secondary suites, as per OCP policy. The 51 lots proposed to be zoned RS3 and RS5 will be permitted secondary suites, while the 52 lots proposed to be zoned RS3-A and RS5-A will not be permitted to have secondary suites. Should Council approve the rezoning, the lots which are permitted a secondary suite will be required to construct the secondary suite with a Building Permit, to meet British Columbia Building Code (BCBC), including fire rated separation, adequate window egress, and separate access. The addition of a secondary suite on a property requires one additional parking space on site.

4. The proposed zoning is generally similar to the existing N2 zone, with the exception that the proposed zoning (RS3, RS3-A, RS5, RS5-A) only permits single detached dwellings, whereas the N2 allows single detached dwellings, along with duplexes and townhouses.

Affordable Housing Strategy (Endorsed by Council November 7, 2011)

5. · The Affordable Housing Strategy encourages the development of secondary suites in existing homes (Objective 1. 1 ). The strategy further identifies the need to support secondary suites as a mortgage helper (Objective 3.1 ), and supplement household income.

Report No. PDS 095-2015 of 3

Communication Plan

If supported by Council, Bylaw No. 2451-2015, cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 53" will proceed to a Public Hearing. As the properties that form this application are all owned by Eagle Mountain Properties Ltd, the City will notify in writing the owners and occupiers of land within a 100 meter radius of the subject properties, as per Section 892 of the Local Government Act. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper.

FINANCIAL PLAN IMPLICATION

No financial plan implications are anticipated.

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

This proposal is consistent with the City's Official Community Plan, Affordable Housing Strategy and Zoning Bylaw.

SUBSTANTIATION OF RECOMMENDATION

Planning staff recommends support for the proposed rezoning of 103 properties from N2 to RS3, RS3-A, RS5 and RS5-A, as the proposal is consistent with policies contained within both the Official Community Plan and the Affordable Housi g Strategy.

Reviewed by: Siri Bertelsen, General Manager Planning & Development Services

Reviewed by: Darren Braun, RPP, MCIP Director of Development Planning

Figure 1 Figure 2 Figure 3 Figure 4

Location Context Existing Zoning Proposed Zoning (Site Plan)

Attachment "A": Rezoning Bylaw No. 2451-2015. Attachment "B'': Properties List

Assistant Planner

FIGURE 1 LOCATION ADDRESS: APPLICANT:

o .,..A ABBOTSFORD

103 Lots - Eagle Mountain Eagle Mountain Properties Ltd. Alf Wall - contact

Planning and Development Services

FILE NO.

3360-20 I R15-013

June 8, 2015

FIGURE 2 CONTEXT PLAN ADDRESS: 103 Lots - Eagle Mountain APPLICANT: Eagle Mountain Properties Ltd.

Alf Wall - contact

• .,...._A ABBOTSFORD Planning and Development Services

FILE NO.

3360-20 I R15-013

June 8, 2015

CR

FIGURE 3 EXISTING ZONING ADDRESS: 103 Lots - Eagle Mountain APPLICANT: Eagle Mountain Properties Ltd.

on ~A ABBOTSFORD

Alf Wall - contact

Planning and Development Services

A N

FILE NO.

3360-20 I R15-013

June 8, 2015

c=J c=J --

FIGURE 4 PROPOSED ZONING ADDRESS: 103 Lots - Eagle Mountain APPLICANT: Eagle Mountain Properties Ltd.

Alf Wall - contact

:=;~.,..._A ABBOTSFORD Planning and Development Services

RS-3 ZONE

RS-3A ZONE

RS-5 ZONE

RS-5A ZONE

A N

FILE NO.

3360-20 I R15-013

June 8, 2015

CITY OF ABBOTSFORD ATTACHMENT A ABBOTSFORD ZONING BYLAW, 2014, AMENDMENT BYLAW NO. 53

Bylaw No. 2451-2015

The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

1. CITATION

R15-013

Bylaw No. 2451-2015 may be cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 53".

2. AMENDS ZONING MAPS

Abbotsford Zoning Bylaw, 2014, Schedule "D" - Urban Area Zoning, as amended, is further amended by changing the zoning of the properties as set out in Appendix "A".

From: Comprehensive Development Two Zone (N2) To: Urban Residential Zone (RS3), Urban Residential Zone (RS3-A), Residential

Zone (RS5) and Residential Zone (RS5-A) as per Appendix "B"

READ A FIRST TIME this

READ A SECOND TIME this

PUBLIC HEARING HELD this

READ A THIRD TIME this

ADOPTED this

I hereby certify this to be a true copy of the original bylaw

Katie Karn Deputy City Clerk

day of

day of

day of

day of

day of

Henry Braun Mayor

William Flitton Corporate Officer

Final Draft - June 11, 2015

. 2015

. 2015

'2015

'2015

'2015

CITY OF ABBOTSFORD

ABBOTSFORD ZONING BYLAW, 2014, AMENDMENT BYLAW NO. 53

Bylaw No. 2451-2015 R15-013

APPENDIX "A"

CIVIC ADDRESS P.l.D. LEGAL:

2794 Eagle Mtn Drive 027-789-969 Lot 1 Section 24 Township 16 New Westminster District Plan BCP39641














35347 Eagle Summit 027-797-562

Lot 28 Section 24 Township 16 New Westminster District Plan Drive BCP39643 35367 Eagle Summit

027-797-571 Lot 29 Section 24 Township 16 New Westminster District Plan

Drive BCP39643 35375 Eagle Summit
















Crescent BCP39643 2737 Eagle Summit




Crescent BCP39643


CITY OF ABBOTSFORD


Bylaw No. 2451 -2015 R15-013

APPENDIX "A" (cont'd)

2747 Eagle Summit . 027-797-686

Lot 40 Section 24 Township 16 New Westminster District Plan Crescent BCP39643 2755 Eagle Summit




Crescent BCP39643 27 44 Eagle Summit
























Drive BCP39643 3551 7 Eagle Summit










Crescent BCP39646

35427 Verado Court 027-798-411 Lot 5 Section 24 Township 16 New Westminster District Plan BCP39646






35473 Verado Court 027-798-470 Lot 11 Section 24Township 16 New Westminster District Plan BCP39646


CITY OF ABBOTSFORD


Bylaw No. 2451-2015
















2758 Eagle Summit 027-798-623

Lot 26 Section 24 Township 16 New Westminster District Plan Crescent BCP39646 2763 Eagle Summit










Crescent BCP39646

2714 Montana Place 027-798-682 Lot 32 Section 24 Township 16 New Westminster District Plan BCP39646




27 40 Montana Place 027-798-721 Lot 36 Section 24 Township 16 New Westminster District Plan BCP39646




R15-013

CITY OF ABBOTSFORD


Bylaw No. 2451-2015









35355 Raven Court 027-798-828 Lot 46 Section 24 Township 16 New Westminster District Plan BCP39646














35330 Raven Court 027-798-968 Lot60 Section 24 Township 16 New Westminster District Plan BCP39646

35535 Eagle Summit 027-613-372

Lot 12 Section 24 Township 16 New Westminster District Plan Drive BCP37696


R15-013

A. A 55'

A 839652

CITY OF ABBOTSFORD


Bylaw No. 2451-2015 R15-013

APPENDIX "B"

APPENDIX "B"

SCHEDULE BYLAW NO. 2451-2015 BEING ABBOTSFORD ZONING BYLAW, 2014,

AMENDMENT BYLAW NO. 53 FROM: Comprehensive Development Two Zone (N2)

TO: Urban Residential Zone (RS3),

Urban Residential Zone (RS3-A),

Residential Zone (RS5), and

Residential Zone (RS5-A)

~ Urban Residential Zone (RS3), m Urban Residential Zone (RS3-A),

D Residential Zone (RS5)

f ·:/;J Residential Zone (RS5-A)


A N

ATTACHMENT B

CIVIC ADDRESS P.l.D. LEGAL: SITE SIZE: PROPOSED ZONING

2794 Eagle Mtn Drive 027-789-969 Lot 1 Sect 24 Twns 16 NWD Plan BCP39641 2.251 Acres RS5-A

2788 Eagle Mtn Drive 027-789-977 Lot 2 Sect 24 Twns 16 NWD Plan BCP39641 6030 Sq.ft. RS5-A

2784 Eagle Mtn Drive 027-789-985 Lot 3 Sect 24 Twns 16 NWD Plan BCP39641 6030 Sq.ft. RS5

2778 Eagle Min Drive 027-789-993 Lot 4 Sect 24 Twns 16 NWD Plan BCP39641 6575 Sq.ft. RS5-A

2774 Eagle Min Drive 027-790-002 Lot 5 Sect 24 Twns 16 NWD Plan BCP39641 5900 Sq.ft. RS5










35347 Eagle Summit Drive 027-797-562 Lot 28 Sect 24 Twns 16 NWD Plan BCP39643 6010 Sq.ft. RS5









2733 Eagle Summit Crescent 027-797-651 Lot 37 Sect 24 Twns 16 NWD Plan BCP39643 5811 Sq.ft. RS5-A


2743 Eagle Summit Crescent 027-797-678 Lot 39 Sect 24 Twns 16 NWD Plan BCP39643 7602 Sq.ft. RS5






35437 Eagle Summit Drive 027-797-732 Lot 45 Sect 24 Twns 16 NWD Plan BCP39643 5335 Sq.ft. RS5-A















35427 Verado Court 027-798-411 Lot 5 Sect 24 Twns 16 NWD Plan BCP39646 4844 Sq.ft. RS5-A

35437 Verado Court 027-798-429 Lot 6 Sect 24 Twns 16 NWD Plan BCP39646 4844 Sq.ft. RS5




35467 Verado Court 027-798-461 Lot 10 Sect 24 Twns 16 NWD Plan BCP39646 5301 Sq .ft. RS5

35473 Verado Court 027-798-470 Lot 11 Sect 24 Twns 16 NWD .Plan BCP39646 6330 Sq.ft. RS5-A






35488 Verado Court 027-798-534 Lot 17 Sect 24 Twns 16 NWD Plan BCP39646 0.395 Acres RS3-A

35484 Verado Court 027-798-542 Lot 18 Sect 24 Twns 16 NWD Plan BCP39646 0.294 Acres RS3-A








2758 Eagle Summit Crescent 027-798-623 Lot 26 Sect 24 Twns 16 NWD Plan BCP39646 5272 Sq .ft. RS5






2714 Montana Place 027-798-682 Lot 32 Sect 24 Twns 16 NWD Plan BCP39646 5285 Sq.ft. RS5

2720 Montana Place 027-798-691 Lot 33 Sect 24 Twns 16 NWD Plan BCP39646 4764 Sq.ft. RS5-A




27 48 Montana Place 027-798-739 Lot 37 Sect 24 Twns 16 NWD Plan BCP39646 5127 Sq.ft. RS5-A







2797 Montana Place 027-798-801 Lot 44 Sect 24 Twns 16 NWD Plan BCP39646 9805 Sq .ft. RS3-A


35355 Raven Court 027-798-828 Lot 46 Sect 24 Twns 16 NWD Plan BCP39646 6288 Sq.ft. RS5-A




35342 Raven Court 027-798-861 Lot 50 Sect 24 Twns 16 NWD Plan BCP39646 7098 Sq .ft. RS3-A









35336 Raven Court 027-798-950 Lot 59 Sect 24 Twns 16 NWD Plan BCP39646 0.301 Acres RS3-A

35330 Raven Court 027-798-968 Lot 60 Sect 24 Twns 16 NWD Plan BCP39646 0.351 Acres RS3-A

35535 Eagle Summit Drive 027-613-372 Lot 12 Sect 24 Twns 16 NWD Plan BCP37696 6243 Sq. ft. RS3-A

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