Kim, Y. (Immel, 2900 blk. R94-21)

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1 'i Minutes of tqe Committee of Council (Development) meeting held Monday, September 12, 1994,' at 3:00 p.m. ini'the Matsqui Centennial Auditorium," Present: Chairman - Mayor D. Kandal Councillors - K. Funk, S. Gibson, B. Hambley, G. Peary, H. Teichrob, and C. Wiebe Director of Development Services - R. Danziger Manager, Current Development - G. Boyle Senior Planner - J. Malcolm Development Engineer - B. Twerdoff Economic Development Officer - M. Harvey Recording Secretary - A. Cooper Media - The News and 85 Radio MAX Public - 6 Report No from the Senior Planner recommended support of a request from Y. and J. Kim to rezone 2900 Block Immel Street from Multi Unit Residential RM-60 Zone to Neighbourhood Commercial Zone (C-2) and to amend the Official Community Plan designation from Low Density Residential to Neighbourhood Commercial. Kim, Y. (Immel, 2900 blk. R94-21) The small, triangular parcel is one of two properties that have been isolated as a result of the expropriation of land to build the Sumas Way By-pass. The maximum depth of the subject parcel is m. Its configuration and location between the Sumas Way By-pass and Immel Street make it undesirable for multi-unit residential development which WOUld, in any case, require variances. The adjacent property is a convenience store and gas bar, owned by the applicants. Agreement has been reached between the applicant and staff that there would be only one access to Immel Street for both properties. Moved by Councillor Wiebe, seconded by Councillor Funk, that the Official Community Plan be amended to designate the Y. and J. Kim property at 2900 Block Immel Street Neighbourhood Commercial; and further, to designate the site as a "form and character" development permit area; and that application R94-21 be approved in principle, but rejected for access control and off-site costs for which the municipality has not budgeted, as set out in Development Services Report No The Manager, Current Development presented Report No from the Assistant Planner, which supports an application from A. and H. Rempel and Elysian Holdings Ltd. to rezone and Peardonville Road from Agricultural One Zone (A-1) to Service Industrial Zone (M-1). Rempel, A. (Peardonville, & R93-19)

2 :00 p.m. in the Matsqui Centennial Auditorium Page 2 The applicant proposes to develop an automobile repair mall, with a fullservice body shop, including supporting businesses such as auto glass, radiator repair and wheel alignment. No auto wrecking would be performed on the site. The proposed uses are consistent with the Official Community Plan designation of the site as Clearbrook Industrial. Rempel, A. (Peardonville, & R93-19) Public Works has limited access to a single point, which would be secured by covenant, and a 2.2 m wide road dedication would be required for the entire Peardonville Road frontage. Mature trees on site would be subject to the provisions of the Tree Protection By-law. Moved by Councillor Funk, seconded by Councillor Wiebe, that application R92-19 to rezone and Peardonville Road from Agricultural One Zone (A-1) to Service Industrial Zone (M-1) be approved in principle, but rejected for access control, removal of the existing residential use, and for off-site costs for which the municipality has not budgeted, namely a 2.2 m wide road dedication along the Peardonville Road frontage. Report No from the Assistant Planner concerned an application by B.C. Limited (R. and D. Mann) to discharge Land Use Contract No. 169 and to rezone 2332 and 2350 Queen Street from Service Industrial Zone (M-1) to General Industrial Zone (M-3) B.C. Ltd. (Queen, 2332 & 2350 R94-04 L.U.C. 169) The Land Use Contract, entered into in 1977, specifies that the property is to be used to develop a strata-title complex for service industrial use. The applicant wishes to construct additional buildings and to rezone the property in order to permit general industrial development. The lot coverage restraints of the Land Use Contract prohibit such development. The existing strata plan covering the southern lot would be modified in order to convert the northern building into two strata units, and the northern and southern buildings into one strata plan, as originally intended. Staff has recommended that there be only one access to the site. In March 1994, development and use of the property was in violation of Building Code and Land Use Contract provisions. At its meeting on March 20, 1994, the Development Committee resolved to hold the application in abeyance until the site was brought into compliance with the Building By-law and Land Use Contract. Staff advised that this has now been done.

3 :00 p.m. in the Matsqui Centennial Auditorium Page 3 Moved by Councillor Hambley, seconded by Councillor Funk, that application R9404 be approved in principle, but rejected for: off-site costs for which the municipality has not budgeted, as set out in Development Services Report No ; access control; and required upgrading to municipal services through payment of development cost charges, including those specified in By-law No B.C. Ltd. (Queen, 2332 & 2350 R9404 L.U.C. 169) The Manager, Current Development then presented her Report No , the purpose of which was to obtain approval to exempt a proposed subdivision at 7467 and 7469 Walters Street from the Subdivision By-law, Section 202 requirement that the frontage of a lot on a street must be a minimum 10% of the total perimeter of the lot. Lynn, M., et al (Walters, 7467/ ) The applicant has submitted a subdivision application to realign the lot line boundaries between the two properties as shown on Schedule B, attached to the report, and to provide a statutory right-of-way over the dyke. The northerly lot is m long, and its width ranges from 4.2 m adjacent to Walters Street to m at the widest point. The reconfigured northerly lot is to have its frontage increased to approximately 9 m along Walters Street, or about 1.5% of the lot's total perimeter. The site is in the Matsqui Prairie Agricultural Land Reserve and the Fraser River flood plain. The dyke abuts the north parcel and the side slopes of the dyke encumber acres of the 0.56-acre northerly lot. Normally the dyke and its sideslopes would be legally protected by a statutory right-ofway or public ownership of the land. In this case, the municipality owns the lot where the dyke is located. The sideslopes are not covered by a registered statutory right-of-way, but are protected by common law. In the absence of the statutory right-of-way, a house may be constructed on the northerly lot subject to fulfilment of building permit requirements. The lot is poorly configured and sits in an area used and designated for agriculture, where the zoning provides for a minimum lot size of acres. The property is located in an area of "ancient subdivisions". Under British Columbia Regulation 7/81, a subdivision of this nature may be approved if it allows for the more efficient use of agricultural land or the better utilization of farm buildings for farm purposes. Waiving of the 10% minimum frontage requirement would be necessary for approval, and a number of conditions would then have to be met before a building permit could be issued. If building permit requirements could not be met, the dyke would not be threatened and Council's objective regarding ancient subdivisions would be satisfied. If building permit requirements were met, indirect means (construction that does not undermine the dyke) would be used to ensure that the dyke was not threatened. However, this would result in additional development in the agricultural area.

4 :00 p.m. in the Matsqui Centennial Auditorium Page 4 R. Lancaster spoke in support of his application. He pointed out that the unconstructed road to the west would increase road frontage to the property, and suggesting that moving the boundary would allow him to provide the municipality with an easement along the dyke, thereby alleviating some of the problems. He expressed his desire to maintain the integrity of the dyke and prevent its being undermined if, at some time in the future, the property were to fall into the wrong hands. Lynn, M., et al (Walters, 7467/69 S94-09) Councillor Funk saw no disadvantage to proceeding with the applicant's request on the basis outlined. Atter discussing the options, including the ramifications of setting a precedent, it was agreed that the matter required further consideration. Moved by Councillor Hambley, seconded by Councillor Gibson, that staff be instructed to conduct further research on the proposed boundary alignment between 7467 and 7469 Walters Street and report back to Committee. Opposed: Councillor Funk Report No from the Senior Planner addressed an application from B.C. Ltd., B.C. Ltd., B.C. Ltd., and B.C. Ltd., for a development variance permit to relax the lot coverage and rear yard setback requirements of the Zoning By-law at 2758, 2780 and 2794 Clearbrook Road B.C. Ltd., et al (Clearbrook, 2785, 2780 & ) The site consists of four lots fronting on Clearbrook Road, each supporting a single family dwelling. It is currently under rezoning to RM-80. Conditions of rezoning include dedication for road widenings on all three sides of the lot with road frontage. New building and site plans show that a 38-unit building proposed for the site meets or exceeds all but two of the Zoning By-law requirements. As the property is bounded on three sides by roads, the only adjacent buildings are on the east lot line, where the building is set back 7.6 m, thereby exceeding the Zoning By-law's setback requirement by 1.6 m. Landscaping plans include extensive plantings and a well designed rear courtyard area. C. Nottle, architect for the project, was present to answer any questions or concerns. Moved by Councillor Teichrob, seconded by Councillor Hambley, that application be approved in principle and a permit be prepared for a future Council Hearing.

5 :00 p.m. in the Matsqui Centennial Auditorium Page 5 The Director of Development Services spoke to his Report No , which provided more information on a waste oil treatment facility at Industrial Avenue, as requested by the Development Committee at its meeting of August 29, Economy Oil Co. Ltd. Industrial, (Waste Management) R. Danziger advised that he had met with E. Ilnicki, the owner of Economy Oil Limited, to discuss the nature of the oil treatment operation, and had ascertained that the business is a hydraulic oil recycling operation which separates impurities and moisture from waste hydraulic oil. E. Ilnicki spoke to the meeting and described the process he had developed for removing contaminants from waste oil. Used oil is heated in a centrifuge which separates the oil from waste products and water. The water from the process is discharged through limestone and activated charcoal to remove impurities and odour. The waste products are processed, analyzed, then disposed of at special waste facilities. The only discharge is hot air, which contains neither impurities nor odour. The operation is a prototype to demonstrate the feasibility of the process. The Chairman congratulated E. Ilnicki on the project. Moved by Councillor Wiebe, seconded by Councillor Funk that, as recommended in Development Services Report No , Council inform the Ministry of Environment that it has no objection to the issuance of a waste management permit for Economy Oil Limited in Matsqui, and requests that the Ministry of Environment continue to monitor the operation. Moved by Councillor Funk, seconded by Councillor Hambley, that the Committee of Council (Development) meeting be adjourned. Adjournment lime: 3:50 p.m.