Sunbury Neighbourhood Association
The following report has been reviewed and endorsed by the Chief Administrative Officer.
A. That first and second readings be given to Bylaw No. 6387, 2005. (This bylaw would amend “The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985” by amending the designation and the development permit guidelines for the Delsom Estates properties, to allow development of a Medium Density Residential community with a village commercial centre, based on sustainability principles.)
B. That the Official Community Plan, as amended, be confirmed as being consistent with the Current Financial Plan, and the Liquid and Solid Waste Management Plans, as required by the Local Government Act.
C. That first and second readings be given to Bylaw No. 6388, 2005. (This bylaw would amend “Delta Zoning Bylaw No. 2750, 1977” to rezone the Delsom Estates properties to C.D.339-1 through C.D.339-8 and to P to permit the land to be developed for single family residential uses, townhouses, a private recreation amenity building, commercial uses, seniors housing, and public parks and pathways.)
D. That first, second and third readings be given to “Road Closure and Cancellation Bylaw No. 6393, 2005”. (This bylaw would close an 8,230 m2 portion of road (84 Avenue) created by Highway Plan 11235, and a 2,380 m2 portion of road (Richardson Gate) created by Plan 79636 for inclusion into the development proposal.)
E. That a public notice be published in the local newspaper and posted on the Municipal Notice Board to notify the public of the proposed road closure and cancellation.
F. That Development Variance Permit No.
LU04216 be considered. (This Development Variance Permit would waive the
requirements of Section 914 of the Zoning Bylaw regarding special setbacks
from the centre line of
G. That Bylaw Nos. 6387 and 6388 and the Development Variance Permit LU04216 be referred to a Public Hearing on June 16, 2005, in North Delta.
H. That, in accordance with Section 944 (2) of the Local Government Act, proposed pie-shaped lots fronting on proposed cul-de-sacs and the two proposed park lots be exempted from the statutory minimum 10% lot perimeter frontage requirement, provided that the frontages are not less than 6.0 m.
I. That a right-in and right-out access on Nordel Way be approved for the village commercial centre site subject to an acceptable design to the satisfaction of the Director of Engineering.
J. That the owners satisfy the following requirements as a condition of final adoption:
1. Enter into a master development agreement which provides:
a. Road dedication, rights of way, vehicular, and pedestrian access improvements, street planting, and servicing to the satisfaction of the Director of Engineering;
b. A geotechnical feasibility study to the satisfaction of the Director of Community Planning and Development, including the identification of steep slope areas where a detailed geotechnical review in accordance with Delta's Guideline for Geotechnical Requirements is necessary;
c. Statutory rights-of-way for public access on certain pathways;
d. A park dedication of not less than 5 hectares;
e. Design and security for park sites and pathways to the satisfaction of the Director of Parks, Recreation and Culture;
f. Section 219 Restrictive Covenants with respect to:
i. tree retention;
ii. prohibiting secondary suites;
iii. stipulating and implementing building design guidelines for single family residential developments;
iv. concurrent development commercial buildings and seniors' housing; and
v. providing a water meter on each lot.
2. Determine the value of the road areas being closed and pay Delta for the land value added to the project;
3. Resolve the status and disposition of 104 Street between Dunlop Road and Nordel Way and, if acquired, pay Delta for the land value; and
4. With the approval of the Director of Community Planning and Development, retain the services of a consultant to review project plans and agreements.
K. That all measures to protect trees on the subject site and on adjacent public property be reviewed and inspected by Delta staff and deemed acceptable prior to any soil removal, deposit or redistribution and construction.
L. That the Municipality is authorized to transfer the roads closed by Bylaw No. 6393 to Delsom Estates Ltd. or its nominee upon adoption of the bylaw and agreement on the price and other terms associated with such transfer.
M. That the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development.
The purpose of this report is to advise Council regarding a proposed residential community and village centre on the Delsom Lands, which would require an Official Community Plan (OCP) amendment bylaw (Attachment A), including revised development permit areas, a rezoning bylaw (Attachment B), and a road closure bylaw (Attachment C) which are attached for Council's consideration.
Site Description and Context
The site is located on the west side of North Delta, overlooking Highway 91 and the Alex Fraser Bridge. Nordel Way, which it fronts, is a major arterial road connecting Surrey with Highway 91, which carries heavy volumes of traffic. These lands comprise the last significant area to be developed in North Delta. The site totals about 100 acres, in several parcels as shown on the Location Map. The site includes a parcel of land fronting Dunlop Road which the developers are purchasing from Delta School Board. This sale will be completed in the near future.
There are well established single-family residential neighbourhoods adjoining the east and south sides of the main site.
In the North Delta Area Plan (NDAP), this site was identified as the last large site available in North Delta for development, where a range of housing types is required to serve a range of ages and incomes. A comprehensive plan for the entire site is required in the NDAP. In the OCP, the site is designated as MDR Medium Density Residential, with strips along the east and south boundaries designated as SFR single-family residential. The Dunlop Road site, part of which was then intended as a school site, is designated as public use.
The purpose of the proposed OCP amendment is to introduce a comprehensive plan for these sites, which would integrate the development with existing residential neighbourhoods to an appropriate degree, bearing in mind the many concerns expressed about traffic issues by residents of these neighbourhoods. To this end, the comprehensive plan is not one plan, but a set of plans, objectives, and policies, incorporated as a neighbourhood plan which forms an attachment to the North Delta Area Plan. It sets a minimum and maximum number of dwelling units and a range of housing types. The OCP amendment, Bylaw No. 6387, basically replaces existing designations, deletes Policy D8 of the NDAP, and adopts the neighbourhood plan's policies and its development permit guidelines into the bylaw. Bylaw No. 6388, sets regulations through a CD Zone for sub-areas (blocks) of the project. Road Closure Bylaw No. 6393 closes portions of 84 Avenue and Richardson Gate located within the project site.
Council approved a public consultation process in May, 2004, which has now been carried out, as follows:
April-November Developer held seven meetings with invited groups of nearby residents and with business associations. These were focus group type meetings at which presentations were made and comments sought;
Developer conducted a random survey of residents' opinions regarding planning and development;
June 29 Developer held an Open House with municipal staff in attendance.
February 24 Engineering Department held an Open House re traffic issues, attended by about 300 residents;
Week of April 4 Brochures mailed to North Delta residences north of 72 Avenue;
April 14 CP&D held an Open House and townhall style meeting attended by nearly 400 residents;
Week of May 23 Brochures with recommended plan mailed to North Delta residences north of 72 Avenue.
In addition, extensive use was made of the Delta website to make information available to the public.
In total, letters, e-mails, comment sheets, petitions, telephone calls, or verbal comments have been received from nearly 200 residences, primarily located within a two or three block radius of the site. Many residents sent several comments. The most common concern is traffic issues. These concerns are addressed in the traffic plan portion of this report. The second most common concern is regarding the density of the project, and this is addressed in the housing section of this report. A summary list and each comment is provided in a binder which is available in the Councillors' Lounge.
Sustainability is the key design principle of the project. It is an expectation of the Neighbourhood Plan that houses, open areas, and services will contain many sustainability features, such as stormwater management techniques, special landscaping, energy efficiencies, and construction techniques. These features are listed in detail in Attachment D, along with Delsom's comments on how far they feel they can achieve the guidelines. The developers are actively exploring the possibility of geothermal heating for the commercial centre and the recreation amenity building.
These features are incorporated in the OCP amending bylaw and in the Neighbourhood Plan as part of the development permit guidelines.
Land Use Changes
In order to reflect the unique nature of the Delsom development, special designations have been created for the OCP, which also correspond with the types of designations proposed in the current OCP Review. These are a R(D) one unit residential (Delsom) to accommodate the single family houses proposed for the development, MR(D) multiple unit residential to accommodate only townhouses, and C(D) to permit the specific mix of commercial and seniors' housing proposed for part of the site.
The proposal is consistent with the Livable
Regional Strategic Plan (LRSP) and approved Regional Context Statement.
The Neighbourhood Plan sets a minimum of 880 and a maximum of 1,022 units for the project. This includes 703 to 827 townhouses varying in size and type, to suit a mix of residents, from young families to seniors, plus 97-115 single-family houses located adjacent to existing single-family homes as transition areas to the site. Gross densities would range from 17.3-44.5 uph (7 upa to 18 upa) (includes open space and private roads). The Neighbourhood Plan sets a range of densities so that a small amount of flexibility is allowed, in case market or economic circumstances change as the project proceeds.
With respect to the CD Zone, for blocks of single-family dwellings, the gross density would be 20-25 uph (8-10 units per acre). The smallest lot size is 370 m2 (3,982 ft2) which, combined with a minimum lot width of 13.7 m (45 ft ) is similar to the RS8 Zone. The average house size excluding basements is 185-232 m2 (2,000-2,500 ft2) with the upper figure being a house size cap. This density, excluding the basement, is also similar to the RS8 Zone. All single family dwellings would be two storeys plus basements, with the basements being defined as having at least 50% of their volume below grade and being excluded from the floor area calculations. The dwellings would also be allowed higher site coverage (55%), higher impermeable area (70%) and smaller setbacks than normal for single family dwellings in Delta. A different means of measuring height allows houses on sloping lots to be up to a metre higher than the normal roof ridge of single-family dwellings permitted in Delta.
For the multi-family dwellings, densities per block would range from 17.3 to 44.5 uph (7-18 upa) gross density, which is at the lower end of the OCP's MDR designation (18-120 uph or 7-48 upa). While three storey maxima are set in many blocks, the sloping grade will be used where possible to build split-grade 2-3 storey units.
During the public consultation phase, about 28 respondents expressed concerns about density being too great, or wanting only single-family dwellings. However, it was the recommendation of the North Delta Area Planning Committee (NDAPC) in 1996 that this area should be developed at medium densities to provide an essential range of housing types in North Delta. The provision of single-family dwellings along much of the borders of the site provides a transition between the existing single-family areas and the higher density townhouses in the remainder of the site. The CD Zone also requires single-family or duplex homes resembling single-family to face existing single-family houses in the Dunlop Road / 84 Avenue.
A number of respondents have praised the type of housing, and stated that some “empty-nester” housing is much needed in North Delta.
The details of residential design will be determined at development permit and building permit stages. The multifamily units will be subject to development permit guidelines, which are incorporated in the Neighbourhood Plan and in the OCP. The single family units will be made subject to design guidelines which would be registered as restrictive covenants.
The owners shall be required to enter into a Section 219 Restrictive Covenant acknowledging that secondary suites are prohibited on the proposed lots.
The commercial component of the village centre would consist of a total maximum commercial floor area of 6,038 m2 (65,000 ft2) of gross floor area in two storeys, including:
· a village food market with a maximum of 2,787 m2 (30,000 ft2);
· a range of neighbourhood retailing and servicing uses, including eating and drinking establishments.
The following uses would be specifically excluded:
· gas station or auto servicing uses;
· liquor store;
· drive through restaurants; and
· adult entertainment and adult video stores (as defined in the CD Bylaw).
The residential component would comprise up to 80 seniors' apartments in four storeys located over commercial floor space, or an assisted living facility of similar size. Due to the sloping site, the seniors' building would appear as four storeys when viewed from the 108 St. area to the east.
The owner strongly feels that without right-in and right-out lanes onto Nordel Way, this village centre would not be economically viable. His traffic consultant supports this access, which is shown as an optional access on the Master Plan. The Engineering Department does not support this concept at this time, on the grounds that such an access would lead to safety concerns in terms of additional weaving, acceleration, deceleration, as well as impacting traffic movements on Nordel in an already congested area near the 84 Ave. intersection and a bend in Nordel Way. Continued technical assessment is ongoing and this report's recommendation, in the meantime, is to provide right in and right out lanes to Nordel Way.
It is proposed that some 4.8 ha (12 acres) of land would be dedicated to the municipality, comprising about 2.02 ha (5 acres) for the central park, and 2.83 ha (7 acres) for public walkways and bikeways along the gas and hydro rights-of-way. In addition, a municipal right-of-way is proposed for a pathway from the south side of the ring road to the central park. The Parks, Recreation and Culture Department is requiring that all pathways be of barrier free design. Detailed design will be subject to the approval of the Director of Parks, Recreation, and Culture.
The existing pond will be re-shaped and deepened by the developer, and provided with year-round water flows. The developer intends to use groundwater infiltration Best Management practices along with the pond for water quality improvement and flow water discharge to the N.E. Interceptor Canal at the base of the bluff. Portions of this base flow system will be enclosed downstream of the on-site pond to the N.E. Interceptor Canal. Flows that exceed the capacity of this infiltration and base flow system will be directed to a new storm sewer to be constructed directly to the Fraser River along Centre Street.
Extensive planting would occur in riparian areas and the park would be fully landscaped. Features would include a children's playground, picnic areas, and a weather shelter. The areas to be dedicated to Delta would be designated as P Parks and Recreation Area in the OCP, and zoned as P Public Use.
Open areas and tree stands within townhouse areas would be made subject to restrictive covenants to ensure their retention and maintenance.
A private recreation amenity building would be provided on the lot adjacent to the central park, which is .3 ha (.75 acre) in size. It would include meeting and recreation rooms, and possibly a daycare facility. In addition, the building will contain two guest suites and a dwelling unit for the manager. The building would be about 1,114 m2 (12,000 ft2) in size.
The Neighbourhood Plan includes a preliminary tree retention and planting plan, which includes two one-acre stands of trees. These and several smaller stands, which constitute the most significant trees on the main site, would be protected by restrictive covenants. It is not possible to retain a stand of significant trees on the former School Board property because the proposed storm sewer must pass through that location.
In order to support recent efforts to protect trees in Delta more effectively, staff have been developing a coordinated approach to review and inspect tree protection measures at development sites and on adjacent public property. Regulations and requirements related to tree protection include but are not limited to those in Delta's OCP, Development Permit Guidelines, the Subdivision and Development Standards Bylaw, Delta Building/Plumbing Bylaw, Delta's Steep Slope Policies, and Federal and Provincial requirements to protect trees as they may pertain to fish and wildlife habitat, watercourse setbacks or flood protection.
The most contentious issue with this proposal has been to find a road layout and access points which satisfy the wishes of nearby residents, as expressed in petitions, e-mails, letters, and comment sheets, that they not experience considerable additional traffic volume as a result of this traffic plan. A set of five road access options were developed and discussed at a public meeting in April, which was attended by about 400 residents. The overwhelming consensus from the meeting and from e-mailed comments, is that there should be no access to Delsom Estates via 108 Street and 82 or 80 Avenues. In response to these concerns, the access point now agreeable to staff and to the developer and his consultants is one access only, at a proposed signalized intersection of 84 Avenue with 108 Street. The main connector road within the site would be a ring road, with a cul-de-sac at 108 Street and 82 Avenue. Emergency accesses would also be required at 108 Street / 84 Avenue and at Modesto Drive. Residents are anxious for a commitment from Delta that if future residents of Delsom petition for a second access, these emergency accesses will not become full accesses.
Auxiliary left turn lanes have been identified by the traffic consultant and Engineering Department staff as necessary to support the development on the adjoining road network at the following locations: 84 Avenue at Delsom Way, on 84 Avenue at Brooke Road, on Nordel Way at Brooke Road, along with signal phases as necessary. In addition, the Engineering Department has identified a need to upgrade the pedestrian signals to include count down times and audible pedestrian signals at 84 Avenue and Brooke Road along Nordel Way. A right turn lane from 84 Avenue onto Nordel Way with a left turn advance phase for the westbound to southbound movements is also necessary at this intersection. These should all be funded by the developer. The ring road and cul-de-sac would be dedicated to the municipality, and other roads serving individual strata would remain in private ownership
Also recommended is a divided parking area to be built by the developer on the gas right-of-way at 108 Street and 82 Avenue, with access either from within the site from the ring road's cul-de-sac or from 108 Street, but not from both, i.e. there would be no through connection. This arrangement would allow parents living on the Delsom lands to drop off school children at the parking lot without having to drive around to the schools via 84 Avenue and 110 Street. The extra parking would also assist in resolving parking issues at the nearby park and schools.
In response to concerns from residents of 108 Street north of 84 Avenue regarding the potential of shortcutting to the village centre, the Engineering Department proposes that the residents of this area be surveyed to ascertain if there is support for closing the street to prevent vehicular access to the centre. In the meantime, the site plans currently show a cul-de-sac at the entrance to the village centre, with the provision of an emergency access at this location.
Outstanding traffic concerns relate to right-in and right-out lanes on Nordel Way, accessing the village centre, which are discussed in the Village Centre section, and also traffic backups during the morning peak hours on Nordel Way and on 84 Avenue approaching Nordel. The traffic consultants feel vehicles exiting from Delsom onto 84 Avenue during peak hours will be manageable. Additional laning will be provided in this area in order to assist in this regard.
There is also concern from residents of Dunlop Road that there would be additional traffic in their area. Traffic generation from the 100 or more dwellings proposed on the Dunlop Road site would not be excessive and no additional roadworks are proposed, other than completing the roadways along the development frontage. Improvements to the turning movements at Brooke Rd. and Nordel Way have been identified as an improvement to support this development as well. It is noted by the Engineering Dept that traffic circulation in this area will also be considered through discussions relating to the South Fraser Perimeter Road.
Development Permit Areas
The Neighbourhood Plan includes a set of development permit guidelines for the form and character of commercial and multi-family dwellings, and for landscaping and sustainability features, which will be incorporated into the OCP. Design and landscaping for the single family areas will be controlled by restrictive covenants.
The guidelines and the restrictive covenants will contain the level of detail that Delta requires. The developer has prepared more detailed design guidelines, incorporated in a booklet, which it will require the builder to satisfy before building permit applications are submitted to Delta.
The master-servicing plan will include a detailed stormwater management plan that will manage the storm water runoff in a long term sustainable manner. This plan will include ground water infiltration Best Management Practices (eg infiltration swales, rain gardens, infiltration pipes, rainwater cisterns etc), and a central lake to serve a storm water treatment / retention facility.
Flow to the North East Interceptor Canal will be regulated to convey base flows and predevelopment flows that contain food and nutrients to this salmonid channel. Flows that exceed the capacity of the infiltration and base flow system will overflow to a storm sewer that will convey the runoff from less frequent storms directly to the Fraser River along Center Street. The plan will seek to control 90% of the site runoff and achieve an effective impervious area of 20% for frequent storms for the developed area. Engineering has identified a need for the developer to tie in existing offsite storm sewers where deemed appropriate.
Road Closure and Cancellation
As part of the redevelopment of the Delsom Estates lands, a new internal road system will be constructed, featuring a combination of dedicated roads and private roads. The subject properties are currently accessed via either 84 Avenue or Richardson Gate. The design proposal for the site features a single access point at 84 Avenue. As this design will not include access from the existing Richardson Gate or 84 Avenue, it is appropriate to close up the subject roads at this time, and transfer the land areas to the developer.
The proposed road closure areas are shown below.
The proposed road closures would have no impact on traffic circulation in the larger area, as they only serve a private school and the Delsom site office, both of which will be closed. Public access between 108 Street and the pedestrian overpass will be maintained but by a slightly different route. The development proposal for the project also features public rights-of-way to provide pedestrian access to the surrounding neighbourhoods from the site.
Prior to final adoption of Bylaw No. 6393, the developer will be required to prepare and submit for review by Delta, an appraisal of the road closure area. The developer will be required to provide a cash payment for acquisition of these lands.
The status of the portion of 104 Street at Dunlop Road requires further investigation in order to zone and dispose of the land.
Minimum 10% Lot Perimeter Frontage
The Local Government Act requires a parcel that is created by subdivision and fronts on a highway to have a minimum frontage, which is the greater of:
1. 10% of the perimeter of the lot that fronts on the highway; and
2. The minimum frontage specified by municipal bylaw.
Section 944 (2) of the Act provides that Council may exempt a parcel from the above requirement.
The proposed CD Zone does not set out a minimum lot frontage requirement for single-family lots. All proposed lots, therefore, are required to have a minimum frontage of 10% of the lot perimeter under the Local Government Act. However, some pie-shaped lots fronting on a cul-de-sac would not meet the 10% requirement. As such, Council approval to exempt those lots from the minimum 10% lot perimeter frontage provision is required. Staff have no objection to a reduced frontage for these lots provided that it is not less than 6.0 m (20 ft). The two park lots to be dedicated to the municipality also require an exemption.
Development Variance Permit
The Zoning Bylaw stipulates special setbacks of 21 m (69 ft) and 16.75 m (55 ft) from the centre line of major roads for lots fronting and for lots flanking on the roads respectively. A Development Variance Permit is requested to waive the requirements of special setbacks from the centre lines of 84 Avenue and Dunlop Road. Staff have no objection to the variance as building setbacks for all sites are stipulated in the CD Zone.
Off-site Community Impact Contribution
Discussion is continuing with the developer regarding a voluntary contribution to compensate for off-site improvements and for impacts to and on existing infrastructure.
In addition to the comments contained in the Traffic Plan section, the Engineering Department has the following requirements relative to the proposed road layout:
The Planning and Environment Advisory Committee (PEAC) received a presentation from the developers in 2004, and have been kept apprised of progress by staff. It has expressed no particular concerns with regard to the proposal.
The Parks and Recreation Commission received a presentation from the developers on September 16, 2004, and supported the green space provision, but preferred existing facilities in North Delta to be expanded rather than Delta being involved in a partnership with Delsom residents in operating the proposed recreation amenity building for public use. It was noted that all pathways should be barrier-free, and redesign might be necessary in view of steep grades in some areas.
At its meeting of January 26, 2005, the Community Services Advisory Committee (CSAC) passed the following resolution:
“THAT the CSAC supports the proposal, in principle, and recommends that consideration be given to ensuring the provision of affordable housing”.
Notification has been given to: Fisheries and Oceans Canada through the Environmental Review Committee process; the Delta School District, the Greater Vancouver Regional District (GVRD), Terasen; B.C. Hydro and the Ministry of Transportation.
In May, 2004, Council approved a consultation process for this project, which has been carried out (see Community consultation section). No additional consultation is required with any of the bodies referred to in Section 879 (2)(b) of the Local Government Act. A Public Hearing is required.
Section 26 of the Community Charter requires a municipality to give notice of its intention to dispose of a portion of a highway in exchange for land necessary for road widening. Notification must be published in a newspaper once each week for two consecutive weeks. This requirement will be met prior to final adoption of the road exchange bylaw.
The ERC advises that it has no objection to the proposal, subject to more detailed submissions at the development permit stage. No species at risk were found. It notes that an application is required to the Fraser River Estuary Management Plan for the stormwater outfall to the Fraser River. After construction, monitoring will be required, and remedial work undertaken if necessary, regarding the stormwater management system, the pond having year-round flows, and planted vegetation.
The possibility of an open stream running from the pond to Cougar Canyon has been assessed by the developer's consultants, who advise against it, due to potential for overheated water, potential erosion of the escarpment, and having to acquire land for setbacks.
Detailed plans for tree retention and replacement, landscaping, planting, and vegetation maintenance for the park area and for the remainder of the site, and a detailed stormwater management plan are all required at the development permit stage.
The Delta School District advises that, due to declining enrolment, there is sufficient capacity in Gray and Brooke Elementary Schools and at Sands Secondary to accommodate the anticipated number of students living in the project.
The Ministry of Transportation advises that it has no objection to the proposal.
B.C. Hydro wishes to review the proposal at subdivision stage.
Terasen Gas will require applications at later stages for any roads, paths, or car parks on its rights-of-way.
The developer's off-site mitigation contribution will alleviate the impact of the development on facilities in the area. Delta would receive a cash payment for the road closure area.
The proposed OCP amendments and CD Zone for Delsom Estates, which are recommended for first and second readings, would permit a residential community of 880 to 1,022 townhouses and single-family dwellings, plus a village centre, on sites totaling 47 ha (100 ac). As a result of public concerns regarding increased traffic, there will only be one access into the main site, at 84 Avenue and 108 Street, with emergency accesses at 82 Avenue/108 Street and at Modesto Drive.
The proposed road closure and land disposition would facilitate the redevelopment of an important site in North Delta. The overall development scheme proposed by the owner features an internal road system which will serve the development, and the road closure should have no impact on traffic volumes in the surrounding area.
It is recommended that first and second readings be given to bylaws approving OCP and rezoning amendments for this site Road Closure and Cancellation Bylaw No. 6393, 2005, be given first, second and third readings, and that.
Kip Gaudry, P.Eng.,
Department submission prepared by: Rosemary Zelinka, Senior Planner
Attachment A: Bylaw No. 6387
Attachment B: Bylaw No. 6388
Attachment C: Bylaw No. 6393
Attachment D Sustainability check list
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