City of Report to Committee Richmond Planning and Development Department To: Planning Committee Date: September 3, 2013 From: Wayne Craig File: RZ 13-629294 Director of Development Re: Application by Ajit Thaliwal and Aman Dhaliwal for Rezoning of a portion of 5831 Moncton Street from Single Detached (RS1/E) to Single Detached (RS2IC) Staff Recommendation That Richmond Zoning Bylaw 8500, Amendment Bylaw 9010, for the rezoning of a portion of 5831 Moncton Street from "Single Detached (RSI/E)" to "Single Detached (RS2/C)", be introduced and given first reading. CL:bl Att. REPORT CONCURRENCE ROUTED To: CONCURRENCE CONCUR2O~NAGER I\V Affordable Housing 1/ / I CNCL - 137 3819331 September 3, 2013 -2 - RZ 13-629294 Staff Report Origin Ajit Thaliwal and Aman Dhaliwal have applied to the City of Richmond for pennission to rezone a portion of 5831 Moncton Street from "Single Detached (RSIIE)" to "Single Detached (RS2/C)", to pennit a subdivision to create three (3) lots fronting Moncton Street and one (1) lot zoned "Single Detached (RS liE)" fronting No.2 Road. (see Attachment J and Schedule A to Bylaw 9010), Findings of Fact A Development Application Data Sheet providing details about the development proposal is attached (Attachment 2). Surrounding Development The subject property is located on the northwest comer of the intersection of Moncton Street and No.2 Road on the urban-rural edge of the Steveston Planning Area, with single-family development to the west and the Agricultural Land Reserve (ALR) to the east. To the north, fronting No.2 Road, are single-family dwellings on large lots zoned "Single Detached (RS liE)". To the east, across No.2 Road, are dwellings and accessory buildings on very large lots zoned "Agriculture (AGl)", all located within the Agricultural Land Reserve. To the south, across Moncton Street, are single-family dwellings on large lots zoned "Single Detached (RS lIE)". To the west, along Moncton Street, is an older character dwelling on a large lot zoned "Single Detached (RSl/E)", followed by newer homes on medium-sized lots zoned "Single Detached (RS l/C)". Related Policies & Studies 2041 Official Community Plan (OCP) Designation The 2041 Official Community Plan's (OCP) Land Use Map designation for this property is "Neighbourhood Residential" (NRES). The Steveston Area Plan's Land Use Map designation for this property is "Single-Family". This redevelopment proposal is consistent with these designations. Lot Size Policy 5429 The subject property is located within the area covered by Lot Size Policy 5429 (adopted by Council in 1990), which permits rezoning and subdivision of the subject site in accordance with the "Single Detached (RS2/C)" zone fronting Moncton Street, and the Single Detached (RS2/E)" zone fronting No.2 Road (Attachment 3). The development proposal is for the creation of three CNCL - 138 3819337 September 3, 2013 -3- RZ 13-629294 (3) lots to be zoned "Single Detached (RS2/C)" fronting Moncton Street, and for the creation of one (1) lot on the remaining portion of the lot fronting No.2 Road that would remain zoned "Single Detached (RSllE)". The lots to be created would meet the minimum dimensions and area of the "Single Detached (RS2/C)" and "Single Detached (RSI/E)" zones (i.e. minimum 13.5 m wide and 360 m2 in area for the three (3) lots proposed to front Moncton Street; and minimum 18 m wide and 550 m2 in area for the one (1) tot proposed to front No.2 Road). Affordable Housing Riclunond's Affordable I-lousing Strategy requires a secondary suite within a dwelling on 50% of new lots created through rezoning and subdivision, or a cash-in-lieu contribution of I.OO/ft2 of total building area towards the City's Affordable Housing Reserve Fund for single-family rezoning applications. The applicants propose to provide a legal secondary suite in the dwelling on two (2) of the four (4) future lots at the subject site. To ensure that the secondary suites are built to the satisfaction of the City in accordance with the City's Affordable Housing Strategy, the applicants are required to enter into a legal agreement registered on Title, stating that no final Building Pennit inspection will be granted until the secondary suites are constructed to the satisfaction of the City in accordance with the BC Building Code and the City's Zoning Bylaw. This legal agreement is required prior to rezoning adoption. This agreement will be discharged from Title (at the initiation of the applicants) on the lots where the secondary suites are not required by the Affordable Housing Strategy after the requirements are satisfied. Should the applicants change their minds prior to rezoning adoption about the affordable housing option selected, a voluntary contribution to the City's Affordable Housing Reserve Fund in-lieu of providing the secondary suites will be accepted. In this case, the voluntary contribution would be required to be submitted prior to final adoption of the rezoning bylaw, and would be based on $1.OOIft2 of total building area of the single detached dwellings (i.e., $11,520). Flood Management Registration ofa tIood indemnity covenant on Title is required prior to final adoption of the rezoning bylaw. Public Input In response to the placement of the rezoning sign on the subject site, staff received some feedback from concerned residents. Two (2) phone calls were received from nearby residents expressing a number of concerns. The nature of concerns included: • On-site tree retention associated with the development proposa\. • That the existing large treed lot at this comer provides a soft transition between the single-family homes on Moncton Street and the Agricultural Land Reserve east of No. 2 Road. • That the creation of the four (4) smaller lots and the design of the new dwellings proposed at this comer is out of character with the inunediate surrounding area. CNCL - 139 3819337 September 3, 2013 -4 - RZ 13-629294 • The potential for increased traffic conflicts resulting from the proposed additional lots at this comer, which is controlled by a three-way stop. One (1) letter was received from a nearby resident who expressed a number of concerns (Attachment 4). The nature of concerns included: • The number of lots to be created with the development proposal. • On-site tree retention. • The value of the security associated with ensuring survival of protected trees. In response to the specific concerns raised, staff have the following comments: • A detailed discussion of the applicants' proposed tree retention and removal strategy is discussed in the next section of this report. In general, the applicants' response to tree retention at the site is supportable on the basis of the assessments provided by the project Arborist and the City's Tree Preservation Coordinator. • Preliminary building elevations and a landscape plan has been provided by the applicants to provide an idea of how the comer lot (Lot 3) is proposed be treated. These preliminary plans are discussed further in the next section. In general, the applicants' proposed treatment of the corner lot is supportable based on the attempt made to animate the streetfront elevations through the use of window openings, projections, gables, secondary roof elements, a variety of building materials, and a variety of soft and hard landscape materials. • Lot Size Policy 5429 (adopted by Council in 1990) provides direction for staff on the creation of new lots in this neighbourhood. The Lot Size Policy permits rezoning and subdivision of the subject site in accordance with the "Single Detached (RS2/C)" zone fronting Moncton Street and the "Single Detached (RSl/E)" zone fronting No.2 Road, as proposed by the applicants. • The development proposal has been reviewed by the City's Transportation division, and comments regarding the location of driveway crossings to the proposed new lots have been addressed as follows: - The driveway crossing for Lot 1 fronting Moncton Street is proposed to be located on the west side of the lot to enable tree retention. - The driveway crossing for Lots 2 and 3 fronting Moncton Street is proposed to be shared and centered on the proposed common property line to enable tree retention and to enable the existing bus stop location to be retained. - The driveway crossing for Lot 4 fronting No.2 Road is proposed to be located as on the north side of the lot, as far north as possible from the Moncton Street intersection. • Staff provided a written response to the concerns expressed in the letter submitted, clarifying the development proposal, the status of proposed tree retention and removal, and the process involved with the collection and return ofa tree survival security (Attachment 5). CNCL - 140 3819337 September 3, 2013 -5 - RZ 13-629294 Staff Comments Background The applicants' proposal is to enable the creation of three (3) medium~sized lots and one (l) larger lot from an existing half-acre lot. The proposed four (4) lots ran~e from a minimum of 13.5 m wide and 360 m2 in area to a minimum of 18 m wide and 550 m in area. The applicants' proposal is consistent with Lot Size Policy 5429 and with the established pattern of redevelopment on Moncton Street. Tree Retention and Removal A Certified Arborist's Report for the site was submitted by the applicant, which identifies tree species, assesses the condition of trees, and provides recommendations on tree retention and removal relative to the development proposal. The report identifies and assesses: • 14 bylaw-sized trees located on the subject property. • Four (4) bylaw-sized trees located on the neighbouring property to the west (5771 Moncton Street). The City's Tree Preservation Coordinator has reviewed the Arborist's Report and conducted a Visual Tree Assessment (VTA). Special attention has been given to opportunities for tree retention at this site, with the aim to protect trees that can provide the greatest long-term amenity to the neighbourhood. The City'S Tree Preservation Coordinator recommends that • The Western Red Cedar (Tree # 809) located in the front yard of proposed Lot I should be retained and protected as it is a significant and highly visible tree in good condition. Tree protection barriers must be installed a minimum of3,9 m out fTom the base of the tree to the west, 5.2 m to the south, and 5.6 m to the north and east, as specified in the Arborist's Report. The future driveways on proposed Lot 1 and 2 arc to be constructed of unit pavers over an aeration layer and under the Project Arborist's supervision, as recorrunended in the Arborist's Report, • The Western Hemlock, Cedar, and Maple trees (Trees A, B, C, D) on the neighbouring property to the west at 5771 Moncton Street be retained, as they are all in good condition and provide critical landscape screening between the two (2) properties, as well as the neighbourhood property owner wishes to retain all four (4) trees, Tree protection barriers must be installed a minimum of2.3 m into the subject site from the west property line, as specified in the Arborist's Report. Special measures along with trench excavation for utilities will be required on-site to protect these off-site trees. Perimeter drainage and fencing on-site to be installed under the Project Arborist's supervision. Tree protection fencing must be installed to City standard around trees to be retained prior to demolition of the existing dwelling on-site and must remain in place until construction and landscaping on the future lots is completed. CNCL - 141 3819337 September 3, 2013 - 6 - RZ 13-629294 The City's Tree Preservation Coordinator concurs with the Arborist's recommendation to: • Remove seven (7) bylaw-sized Cypress, Western Red Cedar, and Cherry trees (Trees # 810, 811, 812, 813, 814, 820 and 821) located on the subject property which are either dying (sparse canopy foliage) or are in poor condition due to being previously topped with significant decay at the topping sites or are infected with Fungal Blight. • Remove one (1) bylaw-sized Western Red Cedar (Tree # 822) which has been previously topped, has large co-dominant leaders, and is in conflict with the proposed building envelope of proposed Lot #1. • Remove two (2) bylaw-sized Ash and Maple trees (Trees # 815 and 816), which are in good condition, but are located in conflict with the building envelope of proposed Lot # 3 and the proposed shared driveway crossing providing vehicle access to Lots # 2 and 3. • Remove three (3) bylaw-sized Grand Fir trees located at the comer of Moncton Street and No.2 Road (Trees # 817, 818, and 819). The Arborist's Report indicates that the trees are in marginal condition due to the following defects: - "The trees are growing as a cluster with co-dominant class structure and co reliance row. There is crown suppression where the trees merge. - There are multiple leaders high in the crowns that are likely caused by previous topping, and these stems are weakly formed and prone to failure. Failure risk will increase as the leaders grow larger. While pruning and other treatments could reduce risk of failure, such treatments are not practical. The long-tenn viability is very poor due to the pre-existing condition of the trees." The City's Tree Preservation Coordinator and the applicants met on-site to discuss options for retention of the three (3) mature Grand Firs. The project Arborist and the City'S Tree Preservation Coordinator also discussed the options. The following options were considered: - Modification of the building envelope for the new dwelling on the proposed lot (Lot 3) to enable the construction of a tree well and drainage system around the trees to maintain existing grade within a portion of the required tree protection zone. Modification to the City'S standard design for frontage improvements along portions of No. 2 Road and Moncton Street would also be required to enable existing grade to be maintained. However, due to the large proportion of the root systems occupying the southeast comer of the site, and the unavoidable disturbance to roots occupying the frontage in the existing and future boulevard, encroachment into the required tree protection zone would still occur with a modified building envelope. In addition to the pre-existing poor condition of the trees, the trees would be further destabilized from the root loss that would result from partial encroachment into the required tree protection zone. - Revision to the development proposal to reduce the number of lots created to enable a larger tree protection zone at existing grade around the trees. While a larger tree protection zone would increase the short-term viability of the trees, the CNCL - 142 3819337 September 3, 2013 - 7 - RZ 13-629294 long-tenn viability remains poor due to the pre-existing poor condition of the trees. Also, maintaining the existing grade within a tree well created through a raise in grade on the surrounding lot area with any form of development on this site will cause soil hydrology changes that willlikcly cause tree health decline. Despite the options considered and the unresolvable challenges in implementing a suitable tree protection strategy, the pre-existing poor condition of these trees fonned the basis for the recommendation to remove the trees. Regardless of the redevelopment proposal on this site, it is likely that these trees would require removal for risk management mitigation within approximately 5 years. The applicants' proposed Tree Retention Plan, which reflects the final outcome of tree protection and removal, is included as Attachment 6. Prior to final adoption of the rezoning bylaw, the applicants must submit: • A contract with a Certified Arborist for supervision of any works to be conducted within the Tree Protection Zones of the Western Red Cedar (Tree # 809) and the Western Hemlock, Cedar, and Maple trees (Trees A, B, C, D). The contract must include the scope of supervision required, the proposed number of site monitoring inspections (including stages of development), and a provision for the Arborist to submit a post construction impact assessment report to the City for review. • A Tree Survival Security to the City in the amount of$5,OOO to ensure the Western Red Cedar (Tree # 809) will be protected. The City will release 50% of the security after construction and landscaping on the future lots are completed, inspections are approved, and an acceptable post construction impact assessment report is received. The remaining 50% of the security would be released one year later, subject to inspection confmning that the tree has survived. Based on the 2:1 replacement ratio established in the 2041 OCP, and the size requirements for replacement trees in the City's Tree Protection Bylaw, a total of 26 replacement trees are required. Considering the effort to be taken by the applicants to retain Tree # 809 and off-site Trees A, B, C, D, as well as the limited space in the future yards due to: • Tree protection zones, • The required sanitary sewer extension, • The required on-site vehicle turnarounds, staff recommends a reduction of six (6) trees from the total number of replacement trees, bringing the munber ofrequired replacement trees to 20, and suggests that • 10 large-sized replacement trees be planted and maintained on-site as highlighted in the table below. • The applicants provide a voluntary contribution to the City's Tree Compensation Fund in the amount of $5,000 in-lieu of planting the remaining 10 replacement trees on-site ($SOO/tree), CNCL - 143 3819337 September 3, 20 I3 -8 - RZ 13-629294 Replacement trees must meet the following minimum height/size requirements: No. of Minimum Caliper of Minimum Height of Replacement Trees Deciduous Tree Coniferous Tree 4 10 em 0' 5.5 m 6 11 em 6m Preliminary Architectural Elevation Plans & Landscape Plan To illustrate how the future comer lot interface will be treated; the applicants have submitted preliminary architectural elevation plans (Attachment 8). The plans indicate that although the main entrance to the future dwelling on the comer lot is oriented towards Moncton Street, the No.2 Road facade remains animated through the provision of secondary roof treatments, window openings, and a variety of cladding materials that are consistent with the main facade (e.g. hardi plank siding, cedar shakes, and wood window trims). At future development stage, Building Permit plans must comply with all City regulations, including zoning. To illustrate how the front yard and flanking side yard of the proposed corner lot will be treated (on the northwest corner of Moncton Street and No.2 Road), the applicants have submitted a preliminary Landscape Plan prepared by a Registered Landscape Architect (Attachment 7). The plan shows that the yards along both frontages will be landscaped with a mixture of coniferous and deciduous replacement trees, shrubs, ground cover, wood fencing, paving stones, and would be generally consistent with the landscaping guidelines in the 2041 OCP. Prior to rezoning adoption, the applicants must submit a final Landscape Plan, prepared by a Registered Landscape Architect, for the four (4) proposed lots. To ensure that the required replacement trees are planted and the front yards will be enhanced consistent with the Landscape Plan, the applicants must submit a Landscaping Security based on 100% of the cost estimate provided by the Landscape Architect (including fencing, paving, and installation costs). Site Servicing Prior to final adoption of the rezoning bylaw, the applicants are required to: • Dedicate property as road in order to achieve a 4 m x 4 m corner cut at the southeast comer of the site, and dedicate 0.5 m of property as road along the entire east property line of the site to enable frontage improvements, as per the Servicing Agreement design. • Grant a '1.0 m wide utility right-of-way (ROW) along the entire frontage on Moncton Street for water meter boxes and stann sewer inspection chambers, and a 1.5 m Right-Of Way for Utilities along the entire frontage on No.2 Road for water meter boxes and stann inspection chambers, as per the Servicing Agreement design. • Grant a 1.5 m by 9.0 m Right-Of-Way for Public Rights of Passage along a portion of Moncton Street for a concrete bus stop pad and future bus stop shelter location, as per the Servicing Agreement design. CNCL - 144 3819337 September 3, 2013 -9 - RZ 13-629294 • Enter into a standard Servicing Agreement for the design and construction of frontage improvements along the entire frontages on Moncton Street and No 2 Road. Improvements along Moncton Street are to include, but are not limited to: Upgrading the existing storm sewer to a minimum 600 nun diameter pipe, from the west property line of the site to the existing manhole STMH 3036 (near the south-east comer of the site). - Upgrading the existing storm sewer from existing STM}I 3036 to STMH 1199 (near the north-east corner of 5760 Moncton Street). - Removing the existing concrete sidewalk and lighting strip, constructing a new 1.5 m wide concrete sidewalk at the south property line of the site, and creating a treed and grass boulevard between the existing curb and new sidewalk. Improvements along No.2 Road are to include, but are not limited to: - Removing the existing concrete sidewalk, constructing a new 1.5 m wide concrete sidewalk at the new east property line of the site, and creating a 1.5 m treed and grass boulevard between the existing curb and new sidewalk. No stann sewer analysis or upgrading is required. Note: The design is to include water, stann and sanitary connections for all four (4) lots. The applicant will be required to provide underground hydro, telephone and Cable for all four (4) lots. Additional right-of-ways may be required. Vehicle access Vehicle access to the four (4) future lots at the site is proposed as follows: • A sale access at the west end of proposed Lot 1, off Moncton Street. • A single shared access off Moncton Street for proposed Lots 2 and 3, centered on the proposed shared property line. • A sole access at the north end of proposed Lot 4, off No. 2 Road. Prior to final adoption of the rezoning bylaw, the applicants are required to: • Register a restrictive covenant on Title to ensure that, upon subdivision of the property, vehicular access to proposed Lots 2 and 3 is via a single shared driveway crossing (6 m wide at the back of the sidewalk and 9 m wide at the curb), centered on the proposed shared property line. • Register a restrictive covenant on Title to ensure that, upon subdivision of the property, the buildings and driveways on proposed Lots 1, 2, and 3 be designed to accommodate on-site vehicle turnaround capability to prevent vehicles from reversing onto Moncton Street. CNCL - 145 3819337 September 3, 2013 - 10- RZ 13-629294 Subdivision At subdivision stage, the developer will be required to: • Pay Development Cost Charges (City and GVS&DD), School Site Acquisition Charges, and Address Assignment Fees. Service connections and costs are to be determined via the Servicing Agreement. • Register a cross-access easement on Title for the area of the shared driveway on proposed Lots 2 and 3 (6 m wide at the front lot line and 9 ill long, centered on the proposed shared property line). Financial Impact None. Analysis The subject property is located in an established residential neighbourhood that has seen redevelopment to smaller lot sizes through rezoning and subdivision in recent years, consistent with Lot Size Policy 5429. This redevelopment proposal is consistent with the Lot Size Policy and would allow for the creation of: • Three (3) lots zoned "Single Detached (RS2/C)" fronting Moncton Street, each with a 2 minimum width of 13.5 m and area of360 m ;and • One (1) lot to remain under the existing "Single Detached (RS I IE)" zone, with a minimum width of 18 m and area of 550 m2, fronting No.2 Road. Conclusion This rezoning application to permit subdivision of an existing large lot into four (4) smaller lots complies with applicable policies and land use designations contained within the 2041 OCP, and is consistent with the direction of redevelopment established in the neighbourhood. The list of rezoning considerations is included in Attachment 9, which has been agreed to by the applicant (signed concurrence on file). On this basis, staff recommends support for the application. It is recommended that Richmond Zoning Bylaw 8500, Amendment Bylaw 90 lObe introduced and given first reading. Cynthia Lussier Planning Technician (604-276-4108) CL:b1g CNCL - 146 3819337