To:

From:

Date:

Mayor and Council

The Corporation of Delta COUNCIL REPORT

Regular Meeting

File No.:

Community Planning & Bylaw No.: Development Department

October 4, 2017

LU008439

7713

Land Use Contract Discharge for 8060 Mackie Court (Kooner)

E.OS

The following report has been reviewed and endorsed by the Chief Administrative Officer.

• RECOMMENDATIONS:

A. THAT first and second readings be given to Land Use Contract Discharge Bylaw No. 7713.

B. THAT Bylaw No. 7713 be referred to a Public Hearing:

C. THAT the owners satisfy the following requirements as a condition of final consideration and adoption:

1. Provide a tree retention security in the amount of $7,000;

2. Provide a landscape security in the amount of $5,000; and

3. Enter into a Section 219 Restrictive Covenant for tree retention to the satisfaction of the Director of Community Planning & Development.

D. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development.

--------- --------

• PURPOSE:

The purpose of this report is to present for Council's consideration Land Use Contract Discharge Bylaw No. 7713 (Attachment A) for 8060 Mackie Court in order to reveal the underlying RS1 Single Family Residential zoning and to allow for the construction of a new single family dwelling with an in-ground basement and secondary suite. A location map is provided in Attachment B.

8060 Mackie Court (Kooner) LU008439

• BACKGROUND:

Page 2 of 4

October 4,2017

Site Description and Context: This 801.5 m2 (8,627 ft2) site is relatively flat. It contains an existing single -family dwelling which would be demolished. There are two statutory rights-of-way for public utilities registered on the title of the property which are located within the required rear setback. There are two trees located on the site, two trees located on the city boulevard, and three trees located on the property to the north. The site~is surrounded by single family dwellings with RS1 Single Family Residential, RS3 Single Family (0.4 ha) Residential, RS4-A Single Family (610m2

) Residential, RS5 Single Family (550 m2)

Residential, and RS7 Single Family (335 m2) Residential zoning.

Council Policy: The Official Community Plan designation for this site is Single Family Residential (SFR). This designation is intended for single family housing at a maximum density of 18 units per hectare (7 units per acre). While the majority of homes will likely be on lots of 550 m2 (5,920 ft2) or larger, there are provisions for small lots, clustered detached housing, and duplex homes, especially in new planned areas and larger infill sites. The proposal is in keeping with the Official Community Plan designation of Single Family Residential (SFR).

It is Council's policy to discharge a land use contract whenever the opportunity arises.

• DISCUSSION:

Proposal: The owners are proposing to construct a new single family dwelling on the subject property under the regulations of the underlying RS1 Single Family Residential zone. A land use contract discharge is required to complete the proposed construction. A project data table is provided in Attachment C. The proposed above-ground floor area for the house is 330 m2 (3,552 ft2J plus an in-ground basement of 190.5 m2 (2,051 ft2), for a total floor area of 520.5 m (5,603 ft2). An 84.7 m2 (912 ft2) secondary suite is proposed for the basement. A site plan is provided in Attachment D.

Community Consultation: A public notification letter about the proposal was sent on September 6,2017 and a public notice sign was installed on the site on September 15, 2017. To date, staff have received a petition signed by eight households on Mackie Court in opposition to the subject application. The main concerns outlined in the petition include parking, congestion and changes to neighbourhood character. The petition is provided in Attachment E and its signatories have been plotted on Attachment F. Should any additional comments be received, they will be provided to Council as on-table items.

8060 Mackie Court (Kooner) LU008439

Land Use Contract Discharge:

Page 3 of 4

October 4, 2017

Delta is taking the opportunity to discharge land use contracts whenever possible to expose either the underlying zone or rezone to a current zone. For this property, the land was originally developed under Land Use Contract S.A. No. 3252 which was filed in the Land Title Office in 1977 under charge N123263. The owners are proposing a secondary suite and a height of 8 m (26 ft) which would not be permitted under the land use contract. Land Use Contract S.A. No. 3252 prohibits secondary suites and limits the maximum height to 7.5 m (25 ft). Rather than amend the land use contract, staff recommend that it be discharged to expose the underlying RS1 Single Family Residential zone. This would bring the property under current zoning regulations and would give the owners flexibility to make further alterations without a land use contract amendment. Land Use Contract S.A. No. 3252 was registered on eight properties on the east side of Mackie Court as part of the original subdivision in 1977. This land use contract has already been discharged from four of the properties in that subdivision area (Attachment G). The west side of Mackie Court was subdivided in 1984 and was not subject to a land use contract.

House Design: The immediate neighbourhood is made up of older two-storey homes. The owners have submitted plans for the proposed dwelling (Attachment H). The proposed house includes an in-ground basement and a secondary suite. The proposed design is for a flat roof building which uses projections and recessions as well as a variety of window styles to add interest to and break up the front elevation. Additionally, the design incorporates a mix of durable materials including stone and stucco. The proposal includes an enclosed, double car garage and an on-site secondary suite parking space which complies with Delta's Secondary Suite Parking Policy. The owners would be required to obtain a development permit under the ND14 North Delta Development Permit Area for intensive residential development. The proposed house design is consistent with the ND14 North Delta Development Permit Area guidelines. The development permit would be issued by the Director of Community Planning and Development.

Tree Retention and Landscaping: There are two trees located on the site, two trees located on the city boulevard, and three trees located on the property to the north. All seven trees are proposed to be retained, as shown on the tree plan in Attachment I. The owners propose to landscape the property with sod to the street and mixed shrubs in the front yard. Prior to final consideration and adoption, the following security deposits are required: tree retention security of $7,000 and landscape security of $5,000. Further, the owners will be required to register a Section 219 Restrictive Covenant for tree retention to the satisfaction of the Director of Community Planning & Development.

Implications: Financial Implications - The increa~ed taxes to Delta resulting from the construction of a single family dwelling and new secondary suite would be minimal.

8060 Mackie Court (Kooner) LU008439

• CONCLUSION:

Page 4 of 4

October 4, 2017

The owners of 8060 Mackie Court have made an application for a land use contract discharge in order to allow the construction of a new single family dwelling with an in-ground basement and a secondary suite under the current regulations of the RS1 Single Family Residential zone. The proposed house design is consistent with the ND14 North Delta Development Permit Area guidelines for intensive residential development. It is recommended that Bylaw No. 7713 be given first and second readings and referred to a Public Hearing.

Jeff Day, P.Eng. Director of Community Planning & Development

Department submission prepared by: Rachael Ward , Planner RW/nd

• ATTACHMENTS:

A. Bylaw No. 7713 B. Location Map C. Project Data Table D. Site Plan E. Neighbourhood Petition in Opposition to the Proposed Development F. Neighbourhood Opposition Petition Map G. North Delta Land Use Contract Discharges Map H. Building Elevations I. Tree Retention Plan

G:\Current Development\LU F-ILESILU008\l U008439\Counci111st and 2nd Repolt.docx - Weclnesclay, Odober 04.2017, ti:52:36 AM

THE CORPORATION OF DELTA

BYLAW NO. 7713

Attachment A Page 1 of 2

A Bylaw to authorize the Municipal Council under the provision of Section 546(2) of the Local Government Act

to discharge a Land Use Contract

WHEREAS Land Use Contract S.A. No. 3252 was entered into between The Corporation of Delta, Co-ordinated Realty Projects Ltd. and Empire-International Mortgage Investment Corporation Ltd., and filed in the Land Title Office, New Westminster, British Columbia, on the 1 st day of December, 1977 under No. N 123263;

AND WHEREAS the owners of part of the land which is subject to the said Land Use Contract have requested that the said Land Use Contract be discharged as against:

Parcel Identifier: 005-223-938 Lot 535 Section 26 Township 4 New Westminster District Plan 54122

NOW THEREFORE the Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as "Delta (Kooner - LU008439) Land Use Contract Discharge Bylaw No. 7713, 2017".

2. The Land Use Contract between The The Corporation of Delta, Co-ordinated Realty Projects Ltd. and Empire-International Mortgage Investment Corporation Ltd. registered in the New Westminster Land Title Office under No. N123263 is hereby discharged as against:

Parcel Identifier: 005-223-938 Lot 535 Section 26 Township 4 New Westminster District Plan 54122

Bylaw No. 7713 - 2 -

Attachment A Page 2 of 2

3. The Mayor and Municipal Clerk of The Corporation of Delta are hereby authorized to execute such documents on behalf of The Corporation of Delta as may be necessary for the purpose aforesaid and to affix the Corporate Seal of The Corporation of Delta thereto.

READ A FIRST time the day of ,2017.

READ A SECOND time the day of ,2017.

PUBLIC HEARING held the day of ,201 .

READ A THIRD time the day of ,201 .

FINALLY CONSIDERED AND ADOPTED the day of ,201 .

Lois E. Jackson Mayor

Robyn Anderson Municipal Clerk

Locati.on Map:

RS1

Subject Property

G:\Currant Developmenl\LU FILES\LU006\LU006439\Drawings\LU006439_LOC.dwg, 7/31/201712:36:56 PM, Chan

Attachment B Page 1 of 1

() o C

r----Ir -.........n

-I

~PL

- -SCALE

Attachment C Page 1 of 2

Project Data for 8060 Mackie Court (LU008439)

Owners/Applicants Navdeep Singh Kooner and Gurpeet Kaur Kooner Application Date July 18, 2017

Existing Proposed Regional Growth Strategy General Urban No change Designation OCP Designation: Schedule A One and Two Unit Residential (R) No change

Schedule C.1 (North Delta Area Single Family Residential (SFR) No change Plan) Maximum Allowable Density 18 uph (7 upa) No change Density 12.5 uph (5 upa) No change Zoning Land Use Contract S.A. 3252 RS1 Single Family

(underlying zone is RS1 Single Residential Family Residential)

No. of Lots 1 No change Lot Size 801.5 mL (8,627 fe) No change Lot Width 17.5 m (57 ft) No change Average Lot Depth 31.3 m (103 ft) No change

Permitted under Land Use Proposed under RS1 Single Contract S.A. No. 3252 Family Residential zone

Maximum House Size SF Dwelling: Above Ground: No maximum floor area; house 330 m2 (3,552 ftz) size based upon setbacks and In-Ground Basement: maximum height in land use 190.5 m2 (2,051 ftz) contract. Total: 520.5 m2 (5,603 ftz)

Secondary Suite No Yes Maximum No. of Storeys 2.5 2.5 Maximum Building Height to: Roof Ridge 7.5 m (25 ft) or 2.5 storeys, N/A

whichever is the lesser

Mid-Roof or Top of Flat Roof N/A 8.0 m (26 ft) Maximum Building Site Coverage Not included in land use 34%

contract Maximum Impermeable Area Not included in land use 56% Coverage contract Off-Street Parking: Single Family Dwelling 2 spaces (50% enclosed) 2 spaces (100% enclosed) Secondary Suite Not applicable 1 space

Tree Retention, Removal and Replacement Total Trees: 7 2 on-site and 3 off-site 2 municipal trees

Trees to be Removed: 0

Trees to be Retained: 7 2 on-site and 3 off-site 2 municipal trees Street Trees One tree for every 9 m (30 ft) of street abutting the property

Required

N/A

Tree replacement security

Tree retention security

Required $1,000 cash-in-lieu for 2 street trees ($500 per tree to cover costs for purchase, installation and establishment of trees)

Proposed

0

$0

$7,000

Proposed $1,000

, ',(

Attachment C Page 2 of2

~

L::

-

~

E

I·

Atta

chm

ent

0 P

age

1 o

f 1

LIN

EX

DE

SIG

NS

IN

C

'1If·

·F~CPCS~DH~JSEFC

~···

~=-~

-l

l'~~_-=.

.'~~---'

2..~~-~.

~~~~~=c-

~="J _I _

_

"'"ONt::

€il':-614.:~_·

1:_::_::_~_; ._:

::~_\,_:_:_:

~~r~l~~l_oo_

m __

__

• i ,

-I ~~=;

~'~~L ;~.~~:

_~:~'~:_G_=K~;

_:~;,~E:;

.. .

Community Planning & Development Department The Corporation of Delta 4500 Clarence Taylor Crescent Delta, B.C. V4K 3E2 Attention: Rachael Ward

Dear Rachael,

Attachment E Page 1 of 2

Re: File # LU008439, Proposed Land Use Contract Discharge and Development Permit Application at 8060 Mackie Court, Delta, Be

As residents of Mackie Court, we are writing to express our concern over the proposed development.

Our concerns are primarily two-fold:

1. Parking and congestion 2. Disregard for the current character of our single family neighbourhood

Parking and congestion are already a problem in the Mackie Court cui de sac due to the proximity of Gray Elementary. After a review the corporation of Delta posted 'NO PARKING' signs which restrict parking during school hours. There are 2 addition new homes, both with suites going up on 80th with their parking to be off of Mackie Court. The situation will only get worse with the proposed home with a suite. We believe this is an unacceptable increase to traffic density on a narrow street with a single entry point.

The character of our neighbourhood is important to us. This request is for a fairly large (3300sq ft.) home that will take up almost the entire lot. It will be taller than most of our homes, and will have a flat roof. In our opinion this will completely disregard the look and feel of Mackie Court. We understand that development is important. However, we also believe that a reasonable size home with no suite would be more appropriate in order to preserve the character of our neighbourhood.

Thank you for the opportunity to share our concerns on this issue.

Best regards,

The Neighbours of Mackie Court, Delta, BC

Oc.:r:;;oc.i2. ;l. C).o "

1

8020

8030

8040

8050

8070

8073

8063

8053

8043

Oc-+o\'e.~ ~ d-.C) l" Mike and Belinda Dunne

Penny Bordignon

Dan Myers

Ken and Jackie McDonnell

Andy and Silvia Palitti

Jolena Dragun

Elaine Wong

Francis and Maria Van Roode

Henrique and Alcina G~

~d'~ho

Y

Attachment E Page 2 of 2

2

Opposition Petition Map

Mackie Subject Park Property

Gray Elementary

School w LO ,..... LO -LO co ,..... ~ 10855 0'> 0'> 0'> U

,..... a a a co ,- ,- ,- « 0'>

:E a ,-

80 AVE

co q- q- a co co co co C\l ('I') q- LO LO co ,..... co 0'> 0'> 0'> 0'> 0') 0'> 0'> 0'>

u a a a a a a a a ~

,- ,- ,- ,- ,- ,- ,- ,-

('I') ('I') ('I') ('I') ('I') ('I') ('I') C\l ('I') q- LO co ,..... co 0'> 0'> 0'> 0'> 0'> 0'> 0'> a a a a a a a ,- ,- ,- ,- ,- ,- ,-

79AAVE

G:\Cuneol ee .... lopmenN.U FILESlLUOOBILU008439\DrawhgIILU006439_Poutlon.d'Hg, 10/2/2017 4:45:28 PM, Chan

8103

8089

8077

8055

8045 I-en 8035 0

~

~

8025 ,..... 0') 0'> a 8015 ,-

80 AVE

7972

7960

X In Opposition

0 50m

SCALE

Attachment F Page 1 of 1

I-en 0 -r--r-

co C\l a ,-,-

North Delta Land Use Contract Discharges Map:

Mackie Park Subject

Property

I- I-------.j 00 o ..­..-

1977 Subdivision (subject to Land I----l

Use Contract SA No. 3252)

Attachment G Page 1 of 1

1984 Subdivision

I--r---=-il=--- I (no land use contract) 80AAVE

Gray Elementary School

aOAVE

I-00 0 ..-..-

aOAVE D 0 .-

G:ICurrent DevelopmentlLU FILESlLU008ILU008439\DrawingsILU008439_LUC's Discharged ,dwg, 9/28/2017 12:07:13 PM, SmilhK

T Land Use Contracts

Discharged

50m - -SCALE

l

E.E4"'81.D STONE HI P.EUo:c81.50 MIN. REnJRN

1 24" I

I I L ____________ ..1

E.EL:::81.80" P.EL=b2'o

P.EL=81.50

,1'--6"

STUCCO

o'.Q"HI&H PRIY AC, Y =<=-REEN

6d

TOP OF pARAPET

STUGCO

e>q.2"l f .lQ15I.5.:'" BB.84

86.10 9.

~

T'r /--:/~ ./ T / / 83.05 9. / / ~11J",,"~/ /. / / / / / / / / / _

/ / / / / / / / /

/ / / / / / /

I I IE.EL=81.<10

PERIMETER HAL~ AREA = 342.0 SF: : P.ELo:c82.20 EXPOSED HALL .fo..REA ::; 120.0 SF (35.0894) I IN-GROUND HALU AREA "'220.0 SF (64.32%) I

I I I ~

i : :: I I I I

L __________________ L __ e~~~Ii~NI _Sl-:e..e __ :... ?!Q:9 ________ ~ ______ J BA~EMENT ... ~L:6 I

SOUTH ELEVATION STUCCO GOLOlJR TRIMS 4 FASC.IA STONE 01IND00ls

ARCTIC WHITE CHARCOAL CHARCOAL BLACK BLACK

TOTAL PERIMETER HALL AREA'" 342.0 + 201.0 + 345.0 + 415.0 ::; 1303.0 SF (121.04 SM) 50 % OF PERIMETER HALL AREA'" 651.50 SF (60.52 SM) PERIMETER HALL AREA IN-GROUND= 220.0 + qg.o + 238.0 + 300.0 = 851.0 SF (1'1.61 SM)

5~CCO

rag sTllCCO

./ ?"""""7-r/-/'-/.~';- / ........ / / / / / / ./, /'. / / / "

/ / ./ / / / / / / '/:/ /./ / / / / / / / / /

" >,;, '"

··E.EL=81.20 / iP.EL=81.50 PERIMETE~ HALL AREA ::;- 201.0 SF

S1\JCCO

[GO

I EXPOSED INALL AREA =102.0 SF (50,15%)

STONE HI MIN. RElURN 24"

L-:..:.----~1:-----".2'j I I; i 11111 : IN-GROUNdj HALL AREA =qq.o SF (4Cf.2596)

: : LL IIIL __ J"': I BASEMENTSLAB ~ BOD I LL _________ ~_~~~~~~----L--------------------------J LIMITING DISTANCE =1521'1 (5.0') EXPOSED BLDG. FACE 0£>1.51 SM (Q42.0 SF) PERMISSIBLE OPENINGS @ 1.5% =6.56 SH (10.65 SF) PROPOSED OPENINGS = 6.03 SM (65.0 SF)

V'lEST ELEVATION

-0» m::::: <om CD 0 ->.:::J

o :3 _CD N~

I

I'~b"

l

STlJGCO

1/ ' / / / /

~:~ 1

T'/~/-/7 ~0';/.-/(1"-/ / / /' / / ./ /, / < / ,I' / / E.E~8)-.80 / / / / / / / / // Y ,/,;', / / /. j P.EL~2,Q

/ / / / / /)/ /

1'--6'

sruCGO 8 I'-b'

STUCCO 511JCCO

.EL- 2.2 : PERIMETER HALL AREA -:;: 345.0 SF

I 1 1 EXPOSED1HALL AREA =101.0 SF (31.01%) III' IIIIL 1111 I iEEL",81-:>O I I I IN-eROUN~ HALL AREA =23E>.O SF (6E>.'18%) III:: II r==jF=91IF====~ IP:EL=8150

::: I :::1 I:::t II I::I~---l : ::: : :::: ::: FL=_=~~=-=~i~===3 : ~ ____ L _______ J __________________________ LQ62r;I'1E~I21-6Q--~-~Q£J_---------~~::::~~ _______ ~====~J------------J

'5Tt1c.co

ooibd ~ / / / /

NORTH ELEVATION

STUCCO

I M,AltiBpO,R.,',

! '-'~J<.-,~--V.' "'/"/ ,/ / /'/

/ / / ./ / <I' / ,

'@ ~ ili 'i'

~ ~

IEEL=81:::rO 1r------.,-I-----I1 : l~ '> :E.EL=8I.Cfb IPEL,,82.20 )1 II I) I I P.EL==82.20 I II II II I __ L~l:!I2!ti6 __ I I II II II 1 I I I 11 II II PERIMETER HALL AR!::A ::: 415.0 SF I : LL_-_-_-LL_-_-_.JJ ~XPOSED HALL AREA =115.0 Sf (21,1196) I I tfj-6ROUND HALL AR~A =300.0 SF (12.2'=1%) :

I I I I I I

L _____ : __________________________ l ___________ LJ~"'_SJ=!:1EtIT.."hi".~_."'_~O.'Q ________ l ______________ j

EAST ELEVATION

-0» Ol:=::

COOl CD () N:::J o 3 -nCD N;l

I

8060 Mackie Ct, Delt a

7.0 TREE MANAGEMENT PLAN

~+J 0')

-o~ ~

ABC Tree Consulting

~ '~.l,r'- ' '<,0

"'- :-":::':

* Remove

Retain

- •. - --~~-: ...... ~.- ....... -." .- --. ....... .. --- -_.- ... -...... -.~.'.' ---. ...... ----..-

-.,...-~""

';tliJi9

'q;:>

32,63 "%a..-

~OI iii ... ~l ?G 'H tf ih

~~ ~ If .. ~ .. ~ if'~ :' " i* ~ ~z

~u; -'" m§ , i; f' ~ , Nt Ill, ......,.

n.'JOO1 n <

8~ ~s

\ Arborist supervision during excavation

0"/';>._.

<!!l!!f ~~ I '::,' I\~ , -~\ V\

-0 \'

12:. , CP

----\ /~ ---~----- ~ ~

_--------- 6 '~.?q, \

. .

~Oo ,_

------, ~ /W :;6~ ~ I.)!..N 49 , "

21.95

----~ , <,> .. '\'> -

.. -~- 'l: ,_ S .$L , _ ..;:. ~\it __ /-- 'L'%

--\---: --- .. - l<'> ...... :a

5~1..g

'"

6 June 25, 2017

-u» ~:::: (Q~

CD () ~::r o 3 ...... CD N;3.

Attachment I Page 2 of 2