PRESENTED: March 27th th, 2007 FILE: Bylaw No FROM: Planning Department

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1 DISTRICT OF SQUAMISH REPORT TO: Council FOR: Regular PRESENTED: March 27th th, 2007 FILE: Bylaw No FROM: Planning Department SUBJECT: Bylaw No Logger s Lane Small Lot Residential Recommendation: That the District of Squamish Council give First and Second Reading to Bylaw No. 1342, 1995, Amendment Bylaw No. 1873, 2005 (Loggers Lane Small Lot Residential); And That a Public Hearing Date for Amendment Bylaw No. 1873, 2005 be Scheduled for April 17 th, 2007, for Bylaw No. 1342, 1995, Amendment Bylaw No. 1873, 2005 (Loggers Lane Small Lot Residential) And That prior to 4 th reading of Bylaw No. 1873, 2005 the following items be finalized: 1. A Development Agreement regarding off-site service works; 2. A Housing Agreement for dedication of Affordable Housing lots; 3. A Geotechnical Report and covenant specifying construction and mitigations requirements; 4. A Flood Construction Level report and covenant, submitted by a qualified engineer specifying required flood construction and protection works; 1. Background: The development proposal before council is to rezone a acre site that is situated East of Loggers Lane, South of the former Ministry of Forest lot; West of a BC Hydro Right of way, and tapers South to Finch Drive. Official Community Plan: The Parcels are designated Residential Neighbourhoods in the 1998 OCP. The current proposal is to rezone the lands in questions from Resource (RE) and Rural Residential 1 (RL-1), to Comprehensive Development No. 38 (CD-38) zone, which would allow for a small-lot subdivision of approximately 165 lots with a minimum lot size of 3, sq ft (366 m 2 ), and 20 Affordable Housing designated lots with a minimum lot size of 3, sq ft (325 m 2 ). This same group of parcels came before District of Squamish Council in 1995, and at that time the rezoning proposal included approximately 107 Single-detached lots, duplex lots and townhouse clusters to a maximum of 209 units. L:\WPDocs\COUNCIL\Form.wpd Page 1

2 The 1995 application received Third Reading on December 15 th, 1998, but at the Developer s request did not proceed to adoption. New Application: A new application to develop this property was submitted in April of The revised application consists of small lots (4,000 sq ft) and no townhouse units. As per municipal process, a Public Information Meeting (PIM) was held on June 22, 2005, and a second PIM was held on November 23, Project Information: Application Proposal The current application is to change the existing land use to a new Comprehensive Development 28 (CD-28) zone. This zone would consist only of single-detached small lots, with a minimum lot size of 366 m 2 (3, sq ft), and house sizes are permitted to a maximum of 2,800 sq ft, inclusive of garage. The Developer will register and maintain architectural guidelines for the development, independently of the Building Department, to control for neighbourhood character that complements small lot development. Final layout of the proposed development will be determined through Subdivision. At the present draft stage the development includes approximately 185 small lots located on a number of new residential roads and cul-de-sacs. The northwest corner of the site has been identified as a future townhouse site but a multi-unit proposal is not part of this development application. Geography and Site Assessment The development site is located South of the Mamquam River and the Forestry building, East of Loggers Lane, West of a BC Hydro right of way, and tapers down to Raven Drive. The site is bordered by Loggers Lane Creek and Finch Creek, both of which are fishbearing. The development application proposes a 30m setback from Loggers Lane Creek and Finch Creek. This will result in a green buffer that runs the length of Loggers Lane, as well as along the north side of Raven Drive. There are also some watercourses that run through the property and the development scenario proposes filling them in this requires a federal Canadian Environmental Act screening, and the applicant s environmental consultant Envirowest has undertaken that work. There is an eagle nest located in a tree in the Northeast corner of the property. All development is set back 328 ft (100m) from this tree, and the developer has proposed that the 5% parkland dedication that will be required at subdivision, be located in this natural-setback area. Surrounding Land Uses There are a number of surrounding land uses to the acre development parcel. North of the site: District Assembly (P-2) zone and Resource (RE) zone L:\WPDocs\COUNCIL\Form.wpd Page 2

3 West of the site: Park and Public Use (P-3) zone East of the site: Resource (RE) zone South of the site: Rural 1 (RL-1) zone Land use in this area is varied. A number of newer uses are emerging on Centennial Way, North of the site. These include the conversion of Crown Land East of the Forestry lot, to a Campground, as well as the Pumice Industrial site and a proposed concrete batch plant to be located in the existing gravel pit further East on Centennial Way. Land to the West of the site consists of Park and Public Use areas that include the Brennan Park recreation areas, the Loggers Sports ground, a outdoor riding arena, and sports fields. This area was crown land, and was allocated to the Municipality under the conditions that the land remains in use for recreational or natural purposes. This area between Loggers Lane and the Highway has also been identified as a flow-path area in the event there is a Mamquam river dyke breach. Land to the East of the site consists of a large BC Hydro right-of-way, and other Resource zoned crown parcels. This area is largely undeveloped, and is designated as Limited Use in the Official Community Plan. There is a small parcel of the proposed development application that extends across the BC Hydro Right-of-Way. Land that is South and Southeast of the development site consists of large Rural Residential (RL-1) zone lots, and the standard lot size on Robin, Raven and Finch Drive is 1.92 acres (7,770 m 2 ). The minimum lot size in the RL-1 zone is 2 acres, however, the 1.92 acre lots have existed in this area as early as 1912, and pre-date the existing minimum-lot requirements for the rural zone of 2 acres. The rural lots in this area have no municipal water or sewer service. Rural use and activities still occur in this area, including riding stables, dog kennels and small-scale agricultural activity. Small Lot Residential Small lot residential development was common before the second world war, and is increasingly in use today as municipalities recon with challenges such as expensive land values, less vehicle-dominated communities, transportation, limited development areas, and the provision of a range of housing options for the population. Currently in Squamish, the minimum lot size in the RS-1 zone is 7,427 sq ft, and in 2006 the average price for a single-detached house was $402,800. Standard Planning practice today encourages the integration of a variety of lot and dwelling unit sizes with the intention of providing a range of dwelling sizes and formats. Not everyone will want or need a 4,000 sq ft single-detached home on a 7,427 sq ft lot, and at the same time, a 1-bedroom apartment will be insufficient for some young families or aging couples. While it makes sense to maintain a consistent development pattern in established neighbourhoods, a minimum 7,427 sq ft lot size is not the most efficient, or the most needed form of residential development. The proposed Comprehensive Development Zone No. 37 proposes a minimum lot size of just under 4,000 sq ft. This lot size is comparable with residential lots at the University L:\WPDocs\COUNCIL\Form.wpd Page 3

4 and Amble Path, as well as some of the older residential lots in Squamish, such as the lots on Mamquam Road between the Highway and Government Road (subdivided in 1913). There is a very limited amount of small-lot residential neighbourhoods in Squamish, and this development presents an opportunity to introduce more of this form as a unified and cohesive small-lot neighbourhood, in close proximity to existing services and the downtown core. Affordable Housing The development application was submitted 6 months prior to the Council adoption of the Affordable Housing Strategy (2005) and an affordable housing contribution was not part of the application. However, the developer has proposed an Affordable Housing dedication of 20 lots. These lots would be a minimum of 325 m 2 (3,500 sq ft) and would be for sale to eligible Squamish residents at 85% of market value. 15 of these lots would be restricted for re-sale to eligible Squamish residents in perpetuity, and the other five would be unrestricted, allowing Staff to carry out market/non-market comparison over an extended time frame. Local servicing issues The District of Squamish Zoning Bylaw No. 1342, 1995 states in both the Rural 1 (RL-1) and Rural 2 (RL-2) under Minimum Servicing Standards, section 21.3: No lot shall be created by subdivision that is not serviced with a community water system and community sewer system. Without municipal services, this area has been prohibited from further development or subdivision. At present, development is limited to single-detached or duplex house per existing lot. Existing dwelling units are serviced from independent water systems and treat independent septic systems that are approved by Vancouver Coastal Health Authority. There is a history of water quality issues on Robin, Raven, and Finch Drive. Water quality challenges are associated with the combination of rural activity, individual septic systems, varying well depths, and the high water table. Off-Site Development Impacts and Requirements In considering the proposed CD-38 zone, there are a number of impacts the proposed development will have that Council can consider, in terms of designating a new zone and higher density land use. Water and Sewer Mains: The proposed development will require an extension of both the water and sewer main so that it connects between the Adventure Centre and Brennan Park Recreation Centre. Service mains will also be required for new lots on Raven Drive, and between Raven and Finch Drive. If the development goes forward, the Developer will pay for the cost of the servicing work, however a late-comers agreement for future development that connects into the new services can be established. The maximum duration of a late-comers agreement is L:\WPDocs\COUNCIL\Form.wpd Page 4

5 10 years. This item will be included in the Land Development Agreement, and the District of Squamish Engineering Department will specify the extent and timing of service upgrades, including connection points. Detailed servicing drawings will be a component of the Subdivision process. Traffic and Roads: Additional traffic generated by 185+ new lots will require upgrades to Loggers Lane, Raven Drive and Finch Drive. While the road improvements will be based on the District of Squamish Subdivision and Development Control Bylaw No. 1767, 2003, there is an opportunity to take into account the existing character of Loggers Lane, as well as multiple recreational uses in that area. At the present time, Staff are supporting twolane road-reconstruction that maintains the existing character of Loggers Lane. These improvements are components of the Land Development Agreement. The District of Squamish Engineering Department will specify the extent and timing of road upgrades. Geotechnical - Site compaction and preparation. A report addressing the Geotechnical preparation for site construction has been submitted by GeoPacific Consultants Ltd. The report addresses the existing soil geography, and the related requirements to allow for the proposed site development, including soil removal, pre-loading, and de-watering of excavations. The Geotechnical requirements related to the proposed development must be reviewed and approved by the District of Squamish Engineering Department prior to the execution of a covenant, and any major site servicing work. Stormwater Management: Stormwater management and drainage is a component of subdivision, and any stormwater management plan must meet the requirements of the District of Squamish Subdivision and Development Control Bylaw No. 1767, As Stormwater management is a significant concern in this area, the applicant has done extensive work to confirm that there will be no down-stream stormwater management impacts if development proceeds. While stormwater management details are reviewed and approved through the Subdivision process and not by Council, Staff and the applicant have determined that a Stormwater retention structure that meets municipal and Fisheries and Oceans guidelines is a requirement of development. Fisheries and Oceans Canada requirements: The development parcel is adjacent to Loggers Lane Creek and Finch Creek. Both these creeks are fish bearing, and will require 30 m setbacks. There are also seasonal watercourses on the property that the applicant intends to fill in the course of development, while providing alternate stormwater drainage. Because of the nature of the work, a Canadian Environmental Act (CEA) screening is required, Fisheries and L:\WPDocs\COUNCIL\Form.wpd Page 5

6 Oceans Canada will undertake a federal review of the applicant s Stormwater Management Plan to make sure it complies with Federal compensation and development requirements. All Fisheries requirements are reviewed as a component of the Subdivision process. 5. Department Comments: There are two major issues that are raised with the proposed development. The first issue is the appropriate and suitable use of the parcel of land, and the second relates to engineering of the proposed development, including stormwater management. In order to address these issues for Council at First and Second reading of the Bylaw, Staff are referring to the Squamish 1998 Official Community Plan, the 2005 Growth Management Strategy, and basic land use guiding principles. Land Use: The 2005 Growth Management Strategy has identified that about only one quarter of the entire land base in Squamish is potentially developable. While there are definitely areas of Squamish that are inappropriate and unsafe to develop, if there is already-disturbed land that can be developed, Staff recommend that this land be considered carefully. One of the guiding principles of the Official Community Plan is to Foster Environmental Stewardship. This means ensuring that all new development should have no negative impacts in terms of drainage and sediment in watercourses. On a big-picture level, Environmental Stewardship also means redeveloping on parcels that have already been altered with human use rather than encouraging development in areas that are still natural, un-serviced, and predominantly unaltered. If there are vacant lots in Squamish that can be developed to absorb demand for housing and amenities, these lots are appropriate to consider for redevelopment. The basic principal is one of efficient land use use what is already altered, and reduce new development into peripheral and natural areas. The subject property has been altered by humans over the past 100 years. It has been logged, and is within access of roads, water mains and sewer mains. It is adjacent to the Brennan Park recreational centre, and within a 3-minute drive or 20 minute walk to downtown Squamish. The development proposal presents an opportunity to infill a vacant private lot with a form of housing that is in high demand, but limited supply in Squamish. Engineering: It is fundamentally important to ensure that development of the property does not result in drainage, flooding, and stormwater management problems for the adjacent property owners. If the property is not suitable for development for technical reasons, then it should not be developed. To ensure that adequate servicing is provided with every new development, Section 938 of the Local Government Act allows a municipality to establish a subdivision works and services Bylaw. Once approved and adopted by Council, administration of the works and services Bylaw is delegated to qualified technical professionals who can accurately L:\WPDocs\COUNCIL\Form.wpd Page 6

7 assess roads, water, sewer, drainage, and other engineering items. The following is a sample of requirements from the District of Squamish Subdivision and Development Control Bylaw No. 1767, 2003: Regarding Stormwater management: o C (s) No surface drainage shall be proposed to flow offsite over adjacent lands unless offsite works are proposed an in compliance with municipal standards. Attempts should be made to meet existing elevations along the development boundary; o C.3.1 All drainage systems in the District shall be designed using an environmental approach to Stormwater management. The primary objective is to limit the effect of peak flows and volumes on property, receiving streams and watercourses, and to preserve the natural beauty and environment of the District; o C.3.1 It must be shown that all downstream drainage facilities, to point of discharge to a water course capable of handling the projected increase in run-off created by the proposed development, are themselves capable of handling the projected increase in runoff. o C.3.2.2Prior to construction, verification of environmental agency approvals (ie: Fisheries and Oceans Canada) must be received by the District; Any major variance from the requirements of the Subdivision and Development Control Bylaw required Council approval. So long as a development proposal meets the requirements of the Subdivision and Development Control Bylaw, it can be administered at a Staff level. Staff note that stormwater drainage problems and flooding concerns historically exist in this neighbourhood. Originally subdivided in 1912 and before the Mamquam river changed its course, the residential dwellings on Finch, Raven and Robin Drive rely on independent water and septic systems that vary in both age and standards. The adjacent neighbourhood has expressed concern that additional development will aggravate existing problems relating to water quality and storm drainage. Storm drainage and high water tables are already an existing factor in this area, particularly in relation to water quality for individual private wells. Any new development must have no net impact on the existing conditions. In terms of Land Use, Staff consider the proposed rezoning of the property to Small Lot Residential (CD-37) zone to be appropriate. The property has a history of human use and activity, and the development of additional residential lots next to existing residential lots and a recreation centre makes sense on a parcel that is privately owned, already altered, and is near downtown Squamish. In terms of Engineering Issues, changing development standards over time (1912 to present day) have resulted in varied development standards and storm drainage solutions. While it is not appropriate or fair for new development to fix previous errors on other adjacent private properties, appropriate engineering of new development might help to alleviate some of the area-wide drainage pressures. The Storm Drainage plan submitted by the applicant proposes a large stormwater retention facility that must retain and discharge stormwater flows according to Bylaw No. 1767, All L:\WPDocs\COUNCIL\Form.wpd Page 7

8 Stormwater works must be reviewed and approved by professional Engineers as part of the Subdivision process. As well, if Council believes additional improvements to the infrastructure of this area are needed, they should direct Staff accordingly. Finally, Staff note that almost all of Squamish is built in a flood plain. While Land Use factors may vary from site to site, discussions about the engineering of stormwater and the water table will likely occur for most development sites throughout Squamish. 6. Other Considerations: Rural Character Initially isolated from the rest of Squamish because of the Mamquam river s previous path, Raven, Robin, and Finch Drive have continued to exist as a rural area, even though a portion of Robin Drive is zoned Residential 1(RS-1). This is because of a lack of services to these lots. Response to the proposed rezoning in the adjacent residential area has been mixed, with a component of the residents who value their rural lifestyle that are vehemently and vocally opposed to the proposed small lot development, as well as a portion of the neighbourhood that has also voiced support for the introduction of water and sewer services into the area to address ongoing water quality issues. If the Bylaw is given First and Second Reading, the Public will have an opportunity to speak directly to Council on these issues at the Public Hearing, scheduled for April 17 th. The Public Hearing will be posted in two subsequent issues of the Squamish Chief, and a notice will be delivered to adjacent property owners. If Council determines that preservation of the rural zone and use of Raven, Finch and Robin Drives is a priority, they may direct Planning Staff to identify measures that will work to ensure the Rural use and character of this neighbourhood is preserved or protected in the long term. 7. Recommendation: 1. Staff Recommendation That the District of Squamish Council give First and Second Reading to Bylaw No. 1342, 1995, Amendment Bylaw No. 1873, 2005 (Loggers Lane Small Lot Residential); And That a Public Hearing Date for Amendment Bylaw No. 1873, 2005 be Scheduled for April 17 th, 2007, for Bylaw No. 1342, 1995, Amendment Bylaw No. 1873, 2005 (Loggers Lane Small Lot Residential) And That prior to 4 th reading of Bylaw No. 1873, 2005 the following items be finalized: 1. A Development Agreement regarding off-site service works; 2. A Housing Agreement for dedication of Affordable Housing lots; 3. A Geotechnical Report and covenant specifying construction and mitigations requirements; 4. A Flood Construction Level report and covenant, submitted by a qualified engineer specifying required flood construction and protection works; L:\WPDocs\COUNCIL\Form.wpd Page 8

9 Implications: In giving Bylaw No. 1873, 2005 First and Second Reading, Council can hold a Public Hearing, giving the Public an opportunity to comment on the proposed development. 2. Alternate Recommendation: That the District of Squamish Council not give First and Second Reading to Bylaw No. 1342, 1995, Amendment Bylaw No. 1873, 2005 (Loggers Lane Small Lot Residential); Implications: In not giving First and Second Reading to Bylaw No. 1873, 2005, Council should indicate what form of land use is appropriate and supportable on this parcel of privately owned land. Sabina FooFat Planner Attachment A: Bylaw No. 1873, 2005 L:\WPDocs\COUNCIL\Form.wpd Page 9

10 Bylaw No. 1873, 2005 Site Map L:\WPDocs\COUNCIL\Form.wpd Page 10