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THE CORPORATION OF THE
CITY OF WHITE ROCK
15322 BUENA VISTA AVENUE, WHITE ROCK, B.C. V4B 1Y6
July 21, 2016
A PUBLIC HEARING of CITY COUNCIL will be held in the City Hall COUNCIL CHAMBERS on
MONDAY, JULY 25, 2016 at 7:00 p.m. for the transaction of business as listed below.
T. Arthur, City Clerk
AGENDA
BYLAW NO. 2155:
“White Rock Land Use Contract No. 34 Authorization Bylaw, 1976, No. 632,
Amendment Bylaw (1495 Maple Street) Bylaw, 2016, No. 2155”
CIVIC ADDRESS: 1495 Maple Street
PURPOSE:
Bylaw No. 2155 proposes a discharge of Land Use Contract No. 34 from
1495 Maple Street, which would allow the construction of a single family dwelling
under the ‘RS-1 One Unit Residential Zone’ under White Rock Zoning Bylaw,
2012, No. 2000, as amended.
1) The Chairperson calls the Public Hearing to order.
2) City Clerk reads a statement regarding the procedure to be followed for the
Public Hearing.
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3) City Clerk advises how this Public Hearing has been publicized.
4) The Chairperson invites the Acting Director of Planning and Development Services to present the
proposed Bylaw.
Clerk’s Note: The corporate report from the July 11, 2016 Land Use and Planning Committee
Meeting has been attached to the agenda for reference purposes.
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5) The Chairperson will request the City Clerk to advise of any correspondence or submissions received.

No submissions as of 8:30 a.m. on Thursday, July 21, 2016
6) The Chairperson invites those in attendance to present their comments.
7) If required, the Chairperson invites the Acting Director of Planning and Development Services to
summarize the proposed Bylaw.
8) Conclude the Public Hearing.
PUBLIC HEARING (BYLAW 2155)
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Public Hearing Agenda regarding proposed Bylaw 2155 – July 25, 2016
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OPENING STATEMENT OF PUBLIC HEARING PURPOSE AND CONDUCT
This Public Hearing has been called to consider the following proposed bylaw:
 “White Rock Land Use Contract No. 34 Authorization Bylaw, 1976, No. 632, Amendment Bylaw
(1495 Maple Street) Bylaw, 2016, No. 2155”
Bylaw No. 2155 proposes a discharge of Land Use Contract No. 34 from 1495 Maple Street, which would
allow the construction of a single family dwelling under the ‘RS-1 One Unit Residential Zone’ under White
Rock Zoning Bylaw, 2012, No. 2000, as amended.
At this Public Hearing the public shall be given a reasonable opportunity to be heard or to present written
submissions respecting matters contained in the proposed amendment bylaw. There is a speakers’ list
available. Please print your name and address on this list in order to appear as a speaker before Council.
Individuals will be called in the order that their name appears on the speakers’ list. The speaker will begin
by clearly stating their name and city of residence and then providing their comments concerning the
proposal. The information regarding the speaker is permitted to be collected through Section 26c of the
Freedom of Information and Protection of Privacy Act. If the speaker has any questions regarding the
collection of their personal information, please contact the City Clerk.
If you have a petition with you, please read out the information at the top of the petition and it may be
submitted to the City Clerk.
Anyone wishing to speak at this meeting must be acknowledged by the Chair. Each speaker will be given a
maximum of five (5) minutes to speak. Decorum must be maintained at all times, we ask the public to
listen quietly and respect each person’s right to voice their opinion; this includes refraining from applause,
heckling or other outbursts.
Members of Council may, if they wish, ask questions of you following your presentation. However, the main
function of Council members this evening is to listen to the views of the public. It is not the function of
Council at this Public Hearing to debate the merits of the proposal with individual citizens. It is also not the
time for the speaker to be asking questions of the staff regarding the application.
Any person who wishes to present a written submission to Council may do so. The submissions will be
retained by the City Clerk’s office and copies of submissions will be available upon request following the
meeting. Everyone shall be given a reasonable opportunity to be heard at this Public Hearing. No one will
be, or should feel discouraged or prevented from making their views heard.
PUBLIC HEARING (BYLAW 2155)
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THE CORPORATION OF THE
CITY OF WHITE ROCK
CORPORATE REPORT
DATE:
July 11, 2016
TO:
Land Use and Planning Committee
FROM:
Bob Ambardar, Acting Director of Planning and Development Services
SUBJECT:
Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street
(LUC 16-009)
RECOMMENDATIONS
THAT the Land Use and Planning Committee:
1. Receive for information the corporate report dated July 11, 2016 from the Acting Director of
Planning and Development Services, titled “Partial Discharge of Land Use Contract No. 34 –
1495 Maple Street (LUC 16-009);”
2. Recommend that Council give first and second readings to “White Rock Land Use Contract
No. 34 Authorization Bylaw, 1976, No. 632, Amendment (1495 Maple Street) Bylaw, 2016,
No. 2155;” and
3. Recommend that Council direct staff to schedule the required public hearing for “White
Rock Land Use Contract No. 34 Authorization Bylaw, 1976, No. 632, Amendment (1495
Maple Street) Bylaw, 2016, No. 2155.”
INTRODUCTION
The City of White Rock has received an application for a partial discharge of Land Use Contract
No. 34 from the property located at 1495 Maple Street to allow the construction of a single
family dwelling under the current ‘RS-1 One Unit Residential Zone.’ Location and ortho photo
maps of the property are included in Appendix A. A draft copy of Bylaw No. 2155 authorizing
the proposed partial discharge of Land Use Contract No. 34 is attached as Appendix B.
PAST PRACTICE / POLICY/LEGISLATION
Between 1973 and 1979 local governments had the authority to enter into land use contracts with
property owners to regulate the use and development of land under the Municipal Act (since
replaced by the Local Government Act). Land use contracts were registered on title and
supersede and replace zoning. These contracts remain in effect today if they have not been
discharged from title.
Under the Local Government Act all land use contracts are set to terminate on June 30, 2024.
Local governments are required to adopt underlying zoning that will apply to all lands that are
subject to land use contracts by no later than June 30, 2022. White Rock Zoning Bylaw, 2012, No.
PUBLIC HEARING (BYLAW 2155)
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
Page No. 2
2000 includes zoning for each property under a land use contract, with the zoning of each
determined by the current and likely future use for a given property.
The Local Government Act includes provisions for property owners to initiate the discharge of a
land use contract on their property, as well as provisions for local governments to terminate land
use contracts. City of White Rock Planning Procedures Bylaw, 2009, No. 1869 outlines the
approval process for the discharge of land use contracts initiated by property owners.
The Official Community Plan designation of the subject property is currently ‘Detached or
Attached Residential (Low Density).’ The underlying zoning of the property that would apply if
the land use contract was discharged is ‘RS-1 One Unit Residential Zone.’
ANALYSIS
Site Context
The property is currently vacant and is located in a single family neighbourhood. Areas to the
north, east, and south of the subject property are predominantly made up of larger lots, and there
is some infill development on narrower lots to the west. The hospital is situated to the northwest,
and a power substation is located to the north.
The Proposal
Land Use Contract No. 34 (LUC 34) was adopted on August 23, 1976 and applies to the subject
property and nine other properties to the immediate south, as shown in Figure 1. LUC 34 ties
development on the properties to the requirements of the RS-1 zone in Zoning Bylaw No. 394
that was repealed in 1999. There are also additional siting requirements that are more stringent
than the siting requirements from the RS-1 zone under Zoning Bylaw No. 394, as the footprint of
a new home must match the footprint of the previously approved home on each property.
Figure 1 – Properties under Land Use Contract No. 34
PUBLIC HEARING (BYLAW 2155)
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
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The owner of 1495 Maple Street would like to build a new home under the requirements of the
RS-1 zoning from Zoning Bylaw No. 2000. Table 1 below outlines differences in the
requirements for LUC 34 and the RS-1 zoning under Zoning Bylaw No. 2000.
Table 1 – Requirements of LUC 34 and the RS-1 Zone for 1495 Maple Street
Requirement
Height
Lot Coverage
Residential Gross Floor Area
Front Setback (from Russell)
Exterior Side Setback (from Maple)
Interior Side Setback
Rear Setback
Secondary Suite
Habitable Rooms in Basement
LUC 34
7.7 metres
45%
0.5 times lot area
7.7 metres
7.7 metres
4.3 metres
9.0 metres
Not Permitted
Not Permitted
RS-1 Zone
7.7 metres
45%
0.5 times lot area
7.5 metres
7.5 metres
1.5 metres
3.8 metres
Permitted
Permitted
Under LUC 34 a secondary suite would not be permitted and habitable rooms would not be
permitted in the basement. The required setbacks are also significantly larger than any current
single family zone in the City of White Rock.
Public Feedback
The applicant held a public information meeting on May 18, 2016 at the White Rock Library at
15342 Buena Vista Avenue. Eighty-eight letters were delivered to property owners and
occupants within 100 metres of the site, and the meeting was advertised in the Peace Arch News
on May 6 and 13, 2016. Five people signed the attendance sheet at the meeting. The owner did
not provide sufficient background information for the public at the meeting, so a second meeting
was scheduled.
The applicant held the second public information meeting on June 9, 2016 at the First United
Church White Rock at 15385 Semiahmoo Avenue. As with the previous meeting, eighty-eight
letters were delivered to property owners and occupants within 100 metres of the site advertising
the meeting. The meeting was also advertised in the Peace Arch News on May 27 and June 8,
2016. Eleven people signed the attendance sheet at the meeting. City staff received a total of six
written comments on the application, two of which are in support of the application and four of
which are against it. City staff also received a letter in support of the application with 16
signatures. However, two of the signatures were from the owners and the language in the letter
does not clearly indicate the details of the application. Copies of the attendance sheets and all
written feedback received by City staff are included in Appendix C.
Those in favour of the application did not state their reasons for support. Smaller setbacks and
potential blockage of sunlight and moonlight to the neighbouring property to the west were the
most common reasons cited for opposing the application. The setback from the west property
line would be reduced by 2.8 metres (9.2 feet), from 4.3 metres (14.1 feet) to 1.5 metres (4.9
feet), with the discharge of LUC 34 and application of the RS-1 zoning. While the reduced
setback will likely create some additional shading on the neighbouring property to the west, this
is the standard interior side yard setback that is required in the RS-1 zone.
Most single family lots to the north, east, and south of the property are zoned RS-1 and therefore
have the same setback requirement, as does the property immediately to the west of the subject
property. The other properties that are regulated by LUC 34 are restricted by the siting of their
existing homes, and according to City records most of these properties have setbacks that are
much closer to the RS-1 requirement. Table 2 lists the interior side yard setbacks for the homes
PUBLIC HEARING (BYLAW 2155)
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
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that are regulated by LUC 34, and Table 3 includes a list of additional concerns raised by the
public, as well as the staff response for each.
Table 2: Interior Side Yard Setbacks for Properties Regulated by LUC 34
Property Address
Interior Side Yard Setback
1415 Maple Street
No records available
1425 Maple Street
1.80 metres (5.9 feet) and 3.96 metres (13.0 feet)
1435 Maple Street
1.63 metres (5.4 feet) and 1.68 metres (5.5 feet)
1445 Maple Street
1.63 metres (5.4 feet) and 1.68 metres (5.5 feet)
1455 Maple Street
1.55 metres (5.1 feet) and 1.58 metres (5.2 feet)
1465 Maple Street
1.55 metres (5.1 feet) and 1.58 metres (5.2 feet)
1475 Maple Street
1.58 metres (5.2 feet) and 1.68 metres (5.5 feet)
1485 Maple Street
1.68 metres (5.5 feet) and 1.68 metres (10.5 feet)
1495 Maple Street (Subject Property)
4.33 metres (14.2 feet)*
15631 Thrift Avenue
2.44 metres (8.0 feet) and 5.49 metres (18.0 feet)
* As a corner lot, 1495 Maple Street only has one interior side yard setback
Table 3: Setbacks for Properties Regulated by LUC 34
Potential Issue
Staff Response
Dislike of development at Finlay and Thrift The recent development at the northeast corner of
Thrift and Finlay was under the RI-2 zone rather
than the RS-1 zone that would apply to the
subject property
Amounts to ‘piecemeal’ planning
The zoning to underlie all LUCs in the City was
selected/planned previously with the adoption of
Zoning Bylaw No. 2000 in 2013
Homeowners on the street were polled and City staff contacted owners of properties subject
voted against it
to LUC 34 to determine if there was interest in
pursuing the discharge of the entire LUC 34, but
the feedback was mixed so the owners of 1495
Maple Street proceeded on their own
Address of First United Church was
While the address of the church was listed as
incorrect in the notice for the second public 15485 rather than 15385 Semiahmoo on the
information meeting
notice, the name of the church was on the notice
staff did not hear from any residents that this had
led to them missing the meeting
Large house with suite will have a
The zoning is consistent with area
significant impact on the neighbourhood
Could be built as a spec home
This is beyond the scope of the City’s regulation
Construction crews
Impacts are expected to be the same whether the
home is built under LUC 34 or RS-1 zoning
Vehicles
The intention of the comment is unclear, but if it
is reference to parking the owners will need to
provide two parking spaces on their lot and a third
if a suite is proposed
Trees
The larch at the northwest corner of the lot will be
removed due partly to declining health, and the
large cedar at the southeast corner of the property
will be protected and retained
The road and drainage
The intention of these comments is unclear
PUBLIC HEARING (BYLAW 2155)
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
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Staff Review
In 2014 the Province amended the Local Government Act to provide for the termination of all
land use contracts on June 30, 2024 and to require municipalities to adopt underlying zoning for
all properties that are subject to LUCs by June 30, 2022. Provisions were also added that allow
municipalities to initiate the termination of LUCs, whereas previously the discharge of a LUC
could only be initiated by the land owner. These amendments suggest that the Province would
like to phase out all remaining land use contracts.
Zoning Bylaw No. 2000 was adopted in 2013. The zoning map that was adopted as a schedule
for Zoning Bylaw No. 2000 included underlying zones for all properties in the City that were
subject to Land Use Contracts at the time. This was done before it was required by provincial
legislation, and underlying zoning was selected with consideration to existing uses and buildings
that were permitted by the LUCs as well as the character of surrounding neighbourhoods. The
RS-1 zone was selected as the appropriate underlying zone for the property at 1495 Maple Street.
The RS-1 zone is the standard zone for larger single family lots in the City of White Rock, with
the exception of the estate lots along Marine Drive at the western extent of the City. Most single
family lots in the area around the subject property are zoned RS-1, with the exception of the infill
lots to the west/southwest and lots regulated by LUCs. A discharge of LUC 34 will result in the
subject property reverting to the RS-1 zone, which was determined to be appropriate during the
development of Zoning Bylaw No. 2000 and is consistent with the surrounding area.
BUDGET IMPLICATIONS
There are no immediate budget implications for this application.
OPTIONS
The Land Use and Planning Committee can recommend that Council:
1. Give first and second readings to “White Rock Land Use Contract No. 34 Authorization
Bylaw, 1976, No. 632, Amendment (1495 Maple Street) Bylaw, 2016, No. 2155” as
presented; or
2. Defer consideration of “White Rock Land Use Contract No. 34 Authorization Bylaw, 1976,
No. 632, Amendment (1495 Maple Street) Bylaw, 2016, No. 2155” pending further
information to be identified by Council; or
3. Reject “White Rock Land Use Contract No. 34 Authorization Bylaw, 1976, No. 632,
Amendment (1495 Maple Street) Bylaw, 2016, No. 2155.”
Staff recommends Option 1 which is incorporated into the recommendations at the beginning of
this corporate report.
CONCLUSION
The RS-1 zoning that underlies Land Use Contract No. 34 at 1495 Maple Street was determined
to be appropriate for the property during the development of the City’s Zoning Bylaw No. 2000,
and would come into effect with the discharge of the Land Use Contract. The RS-1 zone is the
standard zone for larger single family lots in the City of White Rock and is consistent with the
surrounding area. Also, recent changes to provincial legislation suggest that the Province would
like to phase out all remaining land use contracts, so this would be consistent with the goals of
the Province.
PUBLIC HEARING (BYLAW 2155)
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
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Respectfully submitted,
Bob Ambardar
Acting Director of Planning and Development Services
Comments from the Chief Administrative Officer:
I concur with the recommendations of this corporate report.
Dan Bottrill
Chief Administrative Officer
Appendix A: Location and Ortho Photo Maps
Appendix B: Draft Partial Land Use Discharge Bylaw No. 2155
Appendix C: Public Information Meeting Attendance Sheets and Public Feedback
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
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APPENDIX A
Location and Ortho Photo Maps
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Partial Discharge of Land Use Contract No. 34 – 1495 Maple Street (LUC 16-009)
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APPENDIX B
Draft Partial Land Use Discharge Bylaw No. 2155
(Attached Separately)
PUBLIC HEARING (BYLAW 2155)
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The Corporation of the
CITY OF WHITE ROCK
Bylaw No. 2155
________________________________________________________________________
A Bylaw to authorize the partial discharge of Land Use Contract Number 34
WHEREAS the Corporation of the City of White Rock entered into Land Use Contract
No. 34 on August 23rd, 1976 with ALEXANDER MALCOLM MITCHELL for the use and
development of the lands therein described;
AND WHEREAS, BHAGAT SINGH GREWAL and KARAMJIT KAUR GREWAL, the
present owners of the land described in Section 1 of this Bylaw, have applied for a partial
discharge of Land Use Contract No. 34 registered against the title under Filing No.
M85566;
NOW THEREFORE, the Council of the City of White Rock, in open meeting assembled,
enacts as follows:
1.
THAT Land Use Contract No. 34 is hereby terminated for the lands known as:
Parcel Identifier: 005-035-848
Lot 520 Section 11 Township 1 New Westminster District Plan 52526
(1495 Maple Street)
2.
THAT Land Use Contract No. 34 has no further force and effect on the lands
described in Section 1 of this Bylaw, and the City of White Rock is hereby
authorized and empowered to apply for the discharge of the Land Use Contract
from the lands.
3.
This Bylaw may be cited for all purposes as “White Rock Land Use Contract No.
34 Authorization Bylaw, 1976, No. 632, Amendment (1495 Maple Street) Bylaw,
2016, No. 2155.”
RECEIVED FIRST READING on the
RECEIVED SECOND READING on the
PUBLIC HEARING held on the
RECEIVED THIRD READING on the
RECONSIDERED AND FINALLY ADOPTED on the
11th day of
11th day of
day of
day of
day of
July, 2016
July, 2016
___________________________________
Mayor
___________________________________
City Clerk
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APPENDIX C
Public Information Meeting Attendance Sheets and Public Feedback
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