City of Surrey ADDITIONAL PLANNING COMMENTS

File: 7918-0014-00

Planning Report Date: September 17, 2018

PROPOSAL:

• Development Permit for Sensitive Ecosystems(Streamside Protection)

• Development Variance Permit

to reduce the rear yard setback and increase the depth of a farm residential footprint to facilitate the construction of an accessory building.

LOCATION: 1566 – 184 Street

ZONING: A-1

OCP DESIGNATION: Agricultural

Staff Report to Council File: 7918-0014-00

Additional Planning Comments

Page 2 RECOMMENDATION SUMMARY • Approval to draft Development Permit for Sensitive Ecosystems • Approval for Development Variance Permit to proceed to Public Notification. DEVIATION FROM PLANS, POLICIES OR REGULATIONS • The applicant is proposing to reduce the minimum rear yard setback in the "General

Agricultural Zone (A-1)" from 12 metres (40 ft.) to 2 metres (6.5 ft.)

• The applicant is proposing to increase the maximum depth of the farm residential footprint from 60 metres (197 ft.) to 80 metres (262 ft.)

RATIONALE OF RECOMMENDATION • At the Regular Council – Land Use Meeting of July 23, 2018, a Planning Report was presented

to Council where the applicant was proposing to vary the required streamside setback for a "Natural Class A Stream" from 15 metres (50 ft.) to 5.3 metres (17.3 ft.) from top-of-bank, in order to construct an accessory structure (workshop) at the rear of the property. Staff had concerns over the proposed siting of the accessory structure, and recommended that Council refer the application back to Staff to find an alternative site for the accessory structure. Council supported this recommendation and referred the application back to Staff.

• The applicant has now identified an alternative location for the accessory structure that is outside of the required 15 metre (50 ft.) streamside setback area. A Development Variance Permit (DVP) to reduce the streamside setback is thus no longer required.

• Given the constraints of the subject property, additional variances are now required to

accommodate the siting of the accessory structure outside of the streamside setback area. The applicant is proposing to reduce the minimum rear yard setback of the A-1 Zone from 12 metres (40 ft.) to 2 metres (6.5 ft.), and to reduce the maximum depth of the farm residential footprint from 60 metres (197 ft.) to 80 metres (262 ft.) to facilitate the siting of the accessory structure.

• The location of the proposed accessory structure should have minimal impact on the building

on the adjacent property to the east (gas station).

• The applicant’s Qualified Environmental Professional (QEP) has prepared a landscape plan as part of the Ecosystem Development Plan (EDP), which proposes enhancement planting within the streamside area, as well as fencing for protection into the future.

Staff Report to Council File: 7918-0014-00

Additional Planning Comments

Page 3 RECOMMENDATION The Planning & Development Department recommends that: 1. Council approve Development Variance Permit No. 7918-0014-00 (Appendix II), to reduce

the minimum rear yard setback for an accessory structure in the "General Agricultural Zone (A-1)" from 12 metres (40 ft.) to 2 metres (6.5 ft.), and increase the maximum depth of the farm residential footprint from 60 metres (197 ft.) to 80 metres (262 ft.).

2. Council authorize staff to draft Development Permit No. 7918-0014-00 for Sensitive

Ecosystems, generally in accordance with the Ecosystem Development Plan prepared by Aquaterra Environmental Ltd. and dated August 2018.

3. Council instruct staff to resolve the following issues prior to Development Permit

issuance:

(a) Submission and registration of a Combined Restrictive Covenant and Statutory Right-of-Way for City access and to ensure the safeguarding and maintenance of the riparian setback area; and

(b) Submission of a landscape planting plan and landscaping cost estimate for the

enhancement of the streamside setback area. REFERRALS Engineering: The Engineering Department has no objection to the proposed

variances, but requests that a Statutory Right-of-Way be secured on the property beyond the extent of the accepted RAR SPEA boundary to allow the City access for drainage works.

SITE CHARACTERISTICS Existing Land Use: Single Family Dwelling Adjacent Area:

Direction Existing Use OCP Designation Existing Zone

North:

Gas Station Agricultural CD Zone (By-law No. 17278)

East:

Gas Station Agricultural CD Zone (By-law No. 17278)

South:

Agricultural Agricultural A-1

West (Across 184 Street):

Agricultural Agricultural A-1

Staff Report to Council File: 7918-0014-00

Additional Planning Comments

Page 4 DEVELOPMENT CONSIDERATIONS Background & Proposal • The subject site, located at 1566 – 184 Street, is designated "Agricultural" in the Official

Community Plan and zoned "General Agricultural Zone (A-1)".

• At the Regular Council – Land Use Meeting of July 23, 2018, a Planning Report was presented to Council where the applicant was proposing to reduce the required streamside setback for a "Natural Class A Stream" from 15 metres (50 ft.) to 5.3 metres (17.3 ft.) from top-of-bank, in order to construct an accessory structure (workshop) at the rear of the property. Staff had concerns over the proposed siting of the accessory structure, and recommended that Council refer the application back to Staff to find an alternative site for the accessory structure. Council supported this recommendation and referred the application back to Staff.

• The applicant has now identified an alternative location for the accessory structure that is

outside of the required 15 metre (50 ft.) streamside setback area. A Development Variance Permit (DVP) to reduce the streamside setback is thus no longer required.

• The applicant is now proposing a DVP to accommodate the proposed siting of the accessory

structure outside of the streamside setback area. The applicant is proposing to reduce the minimum rear yard setback of the A-1 Zone from 12 metres (40 ft.) to 2 metres (6.5 ft.), and to increase the maximum depth of the farm residential footprint from 60 metres (197 ft.) to 80 metres (262 ft.) to facilitate the siting of the accessory structure.

Sensitive Ecosystem Development Permit • The subject site falls within a Sensitive Ecosystem Development Permit Area for Streamside

Protection due to the "Class A" watercourse (Twin Creeks) that runs through the middle of the property.

• A Riparian Area Regulation (RAR) Assessment Report, prepared by Aquaterra Environmental

Ltd., was submitted by the applicant. The RAR Assessment Report recommended a Streamside Protection and Enhancement Area (SPEA) based on the distance the RAR SPEA extends into the eastern portion of the property – a distance of 10 metres (32.8 ft.) from the watercourse High Water Mark (HWM).

• Provincial regulation for riparian areas consider protected areas based on the watercourse

HWM. The City’s Zoning By-law for Streamside Protection bases setbacks in relation to the watercourse top-of-bank. In most cases, the City’s Zoning By-law requirement exceeds RAR requirements.

• In addition to the RAR Assessment Report, the applicant has also submitted an Ecosystem

Development Plan (EDP) prepared by Aquaterra Environmental Ltd., dated August 2018. The EDP proposes a streamside setback of 15 metres (50 ft.) from the watercourse top-of-bank, adhering to the Zoning By-law setback requirement.

Staff Report to Council File: 7918-0014-00

Additional Planning Comments

Page 5 • In addition to adhering to the streamside setback requirement, the applicant is proposing to

remove invasive species and enhance the riparian area with planting on the east side of Twin Creeks, as well as fencing the setback area. The applicant has provided a landscape plan and cost estimate that will be reviewed in more detail if Council supports the proposal moving forward.

• The applicant has agreed to register a combination Restrictive Covenant and Statutory Right-

of-Way on the property title to ensure safeguarding and maintenance of the riparian area in perpetuity, should Council support the applicant’s proposal.

BY-LAW VARIANCE AND JUSTIFICATION (a) Requested Variance:

• To reduce the minimum rear yard (east) setback for an accessory structure in the A-1 Zone from 12 metres (40 ft.) to 2 metres (6.5 ft.); and

• To increase the maximum depth of the farm residential footprint in the A-1 Zone from 60 metres (197 ft.) to 80 metres (262 ft.).

Applicant's Reasons:

• The previous proposal to site the accessory structure within the streamside setback

area has been revised. The accessory structure is now sited outside of the streamside setback area.

• Given the constraints of the subject property, additional variances are required in order for the accessory structure to be sited at the rear of the property.

• A landscape plan and cost estimate, which includes fencing along the streamside

setback area, has been submitted for the enhancement of the streamside area. The removal of invasive species within the riparian area is also proposed.

Staff Comments:

• The applicant has now identified an alternative location for the accessory structure

that is outside of the required 15 metre (50 ft.) streamside setback. A Development Variance Permit (DVP) to reduce the streamside setback is no longer required.

• A DVP to reduce the minimum rear yard setback for an accessory structure, as well as a variance to increase the maximum farm residential footprint, is required to site the accessory structure outside of the streamside setback area.

• Even with the increased depth in the farm residential footprint from 60 metres (197 ft.)

to 80 metres (262 ft.), the applicant’s residential farm residential footprint is within the maximum 2000 square metre (21,527 sq. ft.) area, as required in the A-1 Zone.

Staff Report to Council File: 7918-0014-00

Additional Planning Comments

Page 6

• In addition to adhering to the streamside setback requirement, the applicant is proposing to remove invasive species and enhance the riparian area with planting on the east side of Twin Creeks, as well as fence the setback area. The applicant has provided a landscape plan and cost estimate for staff review and approval.

• The location of the proposed accessory structure should have minimal impact on the

building on the adjacent property to the east (gas station) given the location of the existing building on the property.

INFORMATION ATTACHED TO THIS REPORT The following information is attached to this Report: Appendix I. Lot Owners & Action Summary (Confidential) Appendix II. Development Variance Permit No. 7918-0014-00 INFORMATION AVAILABLE ON FILE • Ecosystem Development Plan Prepared by Aquaterra Environmental Ltd. Dated August 2018

original signed by Ron Hintsche Jean Lamontagne General Manager Planning and Development DZ/cm

APPENDIX I HAS BEEN

REMOVED AS IT CONTAINS

CONFIDENTIAL INFORMATION

Appendix II

CITY OF SURREY

(the "City")

DEVELOPMENT VARIANCE PERMIT

NO.: 7918-0014-00 Issued To: (the “Owner”) Address of Owner: 1. This development variance permit is issued subject to compliance by the Owner with all

statutes, by-laws, orders, regulations or agreements, except as specifically varied by this development variance permit.

2. This development variance permit applies to that real property including land with or

without improvements located within the City of Surrey, with the legal description and civic address as follows:

Parcel Identifier: 013-223-330

Parcel “D” (Plan with Fee Deposited 3357E) North West Quarter Section 9 Township 7 New Westminster District

1566 – 184 Street

(the "Land") 3. Surrey Zoning By-law, 1993, No. 12000, as amended is varied as follows:

(a) In Section F. Yards and Setbacks of Part 10 General Agricultural Zone (A-1), the minimum Rear Yard Setback (east) for an Accessory Building and Structure is reduced from 12 metres (50 ft.) to 2 metres (6.5 ft.); and

(b) In Section J. Special Regulations of Part 10 General Agricultural Zone (A-1), the maximum depth of the farm residential footprint from the front lot line is increased from 60 metres (197 ft.) to 80 metres (262 ft.).

4. This development variance permit applies to only that portion of the buildings and structures on the Land shown on Schedule A which is attached hereto and forms part of this development variance permit

- 2 -

5. The Land shall be developed strictly in accordance with the terms and conditions and provisions of this development variance permit.

6. This development variance permit shall lapse if the Owner does not substantially start any

construction with respect to which this development variance permit is issued, within two (2) years after the date this development variance permit is issued.

7. The terms of this development variance permit or any amendment to it, are binding on all

persons who acquire an interest in the Land. 8. This development variance permit is not a building permit. AUTHORIZING RESOLUTION PASSED BY THE COUNCIL, THE DAY OF , 20 . ISSUED THIS DAY OF , 20 . ______________________________________ Mayor – Linda Hepner ______________________________________ City Clerk – Jane Sullivan

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12.3

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.97

8.67

2.27

2.0067.52

41.59

1.84

16.49

SITE PLAN1:200

EXIST. TREE #4347TO BE REMOVEDO138CM.

184

STRE

ET

EXISTINGSINGLEFAMILY

DWELLING

EXISTINGBARN

PROPOSEDWORKSHOP

EXIST. TREE #4346TO BE REMOVEDO118CM.

EXIST. TREE #1TO BE REMOVED

O30,18,20,18CM.

EXIST. TREE #2TO BE REMOVEDO52,38CM.

EXIST.SHED

11.00

17.0

0

PROP

ERTY

LINE

50,

275

PROP

ERTY

LINE

50,

262

11.00

17.0

0

PROPERTY LINE 80.577

PROPERTY LINE 80.543

BUILDING ANALYSIS OF: 1566 184 STREET, SURREY, BC

ZONE A-1

LEGAL DESCRIPTION PARCEL D (PLAN WITH FEE DEPOSITED 3357E), NORTH WEST QUARTER SECTION 9,TOWNSHIP 7, NWDPID: 013-223-330

SITE SIZE 4049 SQ.M.

FRONT YARD PERMITTED 7.5 M.(MAIN BLD) EXISTING 14.31 M.

SIDE YARD PERMITTED 5.02 M.(NEW ACCESSORY BLD) PROPOSED 12.30 M. (N) 20.97 M. (S)

REAR YARD PERMITTED MIN. 12 M.(NEW ACCESSORY BLD) PROPOSED 2 M.

PROPOSEDREAR SETBACKVARIANCE:FROM 12 METERSTO 2 METERS

SCHEDULE A