ce t~a council report - abbotsford - document center

Ce t~A ABBOTSFORD

COUNCIL REPORT

Report No.: PDS 110-2015

July 13, 2015

Regular Council

File No: 3020-20/015-029

To: Mayor and Council From: Christine Batchelar, Planner Subject: Development Variance Permit application for the strata properties, located at 4595

Sumas Mountain Road. Owner: Straiton Development Corporation (Directors: S. Krahn, A Krahn and N. Neufeld) W & I Electric Inc. (Directors: W. Stahl ), J. Friesen and J. Friesen

RECOMMENDATIONS

1. THAT Report No. PDS 110-2015, dated July 13, 2015, from the Planner, regarding Development Variance Permit No. 1986, be received; and

If, after considering the comments and concerns of surrounding property owners and occupiers, Council wishes to proceed with Development Variance Permit No. 1986 as presented, the appropriate motion is:

2. THAT application 3020-20/D15-029 to issue Development Variance Permit No. 1986, as detailed in Report No. PDS 110-2015, be approved for issuance; and

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

SUMMARY OF THE ISSUE

The applicant is proposing a variance to the Abbotsford Zoning Bylaw, 2014 to reduce the minimum front setback for 24 of the original 26 single family lots within this subdivision from 6.0m to 5.0m to align with the existing building envelope covenants registered on title as part of the previously approved subdivision (S12-014).

BACKGROUND

Applicant:

Owner:

Dave McDonald

Straiton Development Corporation, Inc. No. BC0742008 (Directors: S. Krahn, A Krahn and N. Neufeld) W & I Electric Inc. (Directors: W. Stahl), J. Friesen and J. Friesen

Legal Description: Strata Lots 1 to 4, 6 to 20 and 22 to 26 Section 31Township19 New Westminster District Strata Plan EPS1299 Together with an Interest in the Common Property to the Unit Entitlement of the Strata Lot as Shown on Form V.

OCP Designation Urban Residential

Report No. PDS 110-2015 of 3

Existing Zoning:

Site Area:

Site Description:

Urban Residential Zone (RS3-A)

9.15 ha (22.6 acres)

The property was recently subdivided and contains 26 single family lots. The parent parcel is treed with several watercourses.

Surrounding Uses: N: Dawson Road and rural residential (zoned H-SR-1 ); Rural residential (zoned CR);

DISCUSSION

Context

S: E: W:

Sumas Mountain Road and rural residential (zoned RR); and Rural residential (zoned RR).

1. The proposed development is located on the west side of Sumas Mountain Road, south of Dawson Road. The Urban Development Boundary ends at Sumas Mountain Road and Dawson Road , land on the west side of Sumas Mountain Road and south of Dawson Road is primarily designated for urban residential uses, while lands beyond or designated for rural residential uses.

Official Community Plan

2. The property is designated Urban Residential in the Official Community Plan (OCP). The Urban Residential land use category is characterized by neighbourhoods of ground oriented housing at relatively low densities. Along Sumas Mountain Road densities up to 30 units per ha (12 units per acre) are supported.

Zoning

3. The existing single family development complies with the Urban Residential Zone (RS3-A). The RS3-A Zone is intended to accommodate single family residences without secondary suites.

Proposed Variances

4. The applicant is proposing variances to the Abbotsford Zoning Bylaw to reduce the minimum front setback from 6.0m to 5.0m. The subject properties were recently subdivided into 26 single family lots which was approved in August 2014 (S12-014). When the 26 single family lots were created a building envelope covenant was registered on title in accordance with the previous Abbotsford Zoning Bylaw, 1996 which permitted a front setback of 5.0m for the principal dwelling. Three of the 26 lots applied for building permits prior to the current Zoning Bylaw adoption (September 2014) and are either built or currently being built in accordance with the registered building envelope covenant. The subject property has topographical constraints which prohibit the existing building envelopes being pushed back to meet the minimum 6.0m front setback required by the Zoning Bylaw. The applicant is therefore proposing a variance to reduce the front setback from 6.0m to 5.0m to align with the registered building envelope covenants.

L:\015\015-029\POS 110-2015 (2).docx

Report No. PDS 110-2015 of 3

Other Departmental and Agency Reviews & Site Development Considerations

5. In addition to the above comments, the developer is responsible to adhere to all other legislation, which may apply to the land, including:

(a) complying with all applicable City bylaws, such as Official Community Plan, 2005, Development Bylaw, 2011, Tree Protection Bylaw, 2010, Building Bylaw, 2003, Sign Bylaw, 2001, Erosion and Sediment Control Bylaw, 2010, and Development Cost Charges Imposition Bylaw administered by the City; and

(b) obtaining all other necessary approvals and permits on such terms as they may be issued, including but not limited to a development permit, tree removal permit, subdivision approval, building permit, soil removal/deposit permit, Ministry of Health permit, Ministry of Transportation and Infrastructure approval and Ministry of Environment approval.

Communication Plan

To satisfy previous timing commitments to the applicant, staff completed the notifications to adjacent property owners in advance of this application being presented to Council for consideration. Given the City has satisfied its legislative obligations, Council may proceed with a decision regarding this proposal.

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.

SUBSTANTIATION OF RECOMMENDATION

Staff recommends support for the proposed variance as it is consistent with the building envelope covenants registered on title.

Christine Batchelar Planner

c£ Rev~ Darren Braun Director of Development Planning

Attachments: Figure 1: Location Map

-%-£~? Department Head Approval:

foe·. Siri Bertelsen General Manager of Planning & Development Services

Attachment A: Development Variance Permit No. 1986

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FIGURE 1 LOCATION ADDRESS: 4595 Sumas Mountain Road (Lots 1-26, excluding 5 & 21) APPLICANT: Straiton Joint Venture . ._......~

ABBOTSFORD

David A. McDonald - contact

Planning and Development Services

FILE NO.

3020-20 I D15-029

Jully 13, 2015

ATTACHMENT A DEVELOPMENT VARIANCE PERMIT NO. 1986

1. This Development Variance Permit No. 1986 is issued to

STRAITON DEVELOPMENT CORPORATION, INC. NO. BC0742008 305 - 2692 CLEARBROOK ROAD ABBOTSFORD BC V2T 2Y8

W & I ELECTRIC INC. INC. NO. 0786257 4247 SELDON ROAD ABBOTSFORD BC V2S 7T4

JOHANN FRIESEN 33951 MCCRIMMON DRIVE ABBOTSFORD BC V2S 2V2

JOSEPH FRIESEN 30199 HARRIS ROAD ABBOTSFORD BC V4X 1V6

as the owner (the "Permittee") and shall apply only to ALL AND SINGULAR that certain parcel or tract of land within the City of Abbotsford ("the City") described below, and any and all buildings, structures and other development thereon:

Parcel Identifier: 029-381-231 Strata Lot 1 Section 31 Township 19 New Westminster District Strata Plan EPS1299 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form V





L:\015\015-029\0EVELOPMENT VARIANCE PERMIT NO 1986 (2).docx

Parcel Identifier: 029-381-291

Page 2 of 4 Development Variance Permit No. 1986

Strata Lot 7 Section 31 Township 19 New Westminster District Strata Plan EPS1299 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form V





Parcel Identifier: 029-381-34 7 Strata Lot 12 Section 31 Township 19 New Westminster District Strata Plan EPS1299 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form V







Parcel Identifier: 029-381-401

Page 3 of 4 Development Variance Permit No. 1986

Strata Lot 18 Section 31 Township 19 New Westminster District Strata Plan EPS1299 Together With An Interest In The Common Property In Proportion To The Unit Entitlement Of The Strata Lot As Shown On Form V








(the "Lands")

2. This Development Variance Permit is issued pursuant to and in accordance with the applicable bylaws of the City and is issued subject to compliance with all of the bylaws of the City except as specifically varied by this Permit.

3. Abbotsford Zoning Bylaw, 2014 Section 355.3 shall be varied to reduce the minimum front lot line setback from 6.0m to 5.0m.

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of 4 Development Variance Permit No. 1986

4. This Permit does not constitute subdivision approval, a Soil Removal/Deposit Permit, a Tree Removal Permit or a Building Permit and does not entitle the Permittee to undertake any work without the necessary approvals or permits. Site work must be in compliance with the Soil Deposit/Removal Bylaw and the Tree Protection Bylaw; other works must be constructed in accordance with engineering plans and specifications acceptable to the City's General Manager of Engineering; and buildings and structures can only be altered, changed in occupancy or constructed in accordance with the B.C. Building Code following issuance of a Building Permit.

5. This Permit expires two years from the date of issuance, as provided for in the Local Government Act, Section 926.

AUTHORIZING RESOLUTION PASSED by Abbotsford City Council on the '2015.

THIS PERMIT IS ISSUED this

The Corporate Seal of the CITY OF ABBOTSFORD was hereunto affixed in the presence of:

day of

) ) ) )

~~~~~~~~~~~~~~~~) Mayor, Henry Braun )

) )

~~~~~~~~~~~~~~~~)

Corporate Officer, William Flitton


'2015.

day of

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