2. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter.

Transcription

1 So t~a ABBOTSFORD Report No. PDS COUNCIL REPORT Executive Committee January 21, 2016 File No: /ZB-013 To: From: Subject: Mayor and Council James Bryndza City Initiated Land Use Contract Discharge application for the property located at Peardonville Road (Owner: Topaz Developments, Directors: Judy and Rosetta Krahn RECOMMENDATIONS 1. THAT Bylaw No , cited as "Land Use Contract No. 152, Discharge Bylaw, 20 15" be given first and second readings at the next Regular Meeting of Council, and advanced to an upcoming Public Hearing; and 2. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. SUMMARY OF THE ISSUE The property is currently regulated by Land Use Contract (LUC No. 152, which restricts the uses on the property to warehousing only. Through an historical misinterpretation of the LUC during the mid-1980s, the City permitted business licences for industrial uses other than warehousing to operate on the property. These illegal non-conforming uses were discovered by staff through a recently established business licence referral process, whereby Development Planning staff now review business licence applications with respect to compliance with the Zoning Bylaw. As the LUC applies only to the subject property and the subject property is surrounded by industrial zoned properties, City staff has initiated the subject application to discharge the LUC, which will allow the underlying 12 zoning to be applied to the lands and legalize the existing uses on the property (see Figures 1-4 and Attachments A and B. BACKGROUND Applicant: Owners: City of Abbotsford Topaz Developments (Directors: Judy and Rosetta Krahn Legal Description: Lot "B" Section 24 Township 13 NWD Plan 8538 Existing Zoning: Land Use Contract No. 152 Underlying Zoning: General Industrial Zone (12 OCP Designation: Industrial-Business

2 Report No. PDS Page 2 of 4 Site Area: Description: 0.85 ha {2.09 acres Multiple businesses occupy the property within three industrial buildings. The property is flat and mostly paved except for some mature landscaping. Surrounding Uses: N: S: E: W: Industrial, zoned General Industrial (12; Peardonville Road and lands zoned 12 beyond; Industrial, zoned 12; and Industrial, zoned 12. DISCUSSION Official Community Plan (OCP 1. The OCP designates the property as Industrial-Business, which is intended for industrial and business park uses, including manufacturing, processing, transportation, distribution, wholesale exchange, research and development, warehousing and storage of material and equipment and related activities. The underlying 12 Zone conforms to the OCP (see Figures 3 and The subject lands are located within an Industrial Form and Character Development Permit Area. The objective of this development permit area is to ensure that site development is visually attractive, maximizes the economic viability and encourages industrial developments that are compatible with adjacent land uses. Any changes to the exterior of the building or site layout will require a Development Permit. No exterior changes are proposed in conjunction with this rezoning application. Bill17 Update 3. On May 29 1 h, 2014 Bill17: Miscellaneous Statues Amendment Act, 2014, was passed by the Province. Bill 17 amended the Local Government Act (LGA and Community Charter. One of the amendments to the LGA that will affect the City of Abbotsford is that all LUGs will be terminated on June 30, Therefore, all municipalities that have LUG's within their jurisdiction must have a zone for each property regulated by an LUG by that time. Therefore, the subject application to discharge LUC 152 from the property is in line with the Provincial Legislative changes. Current Permitted Uses 4. Land Use Contracts (LUCs were historically used to control land use development in the 1960's to 1980's and often specified permitted land uses, siting, site development guidelines, parking and site specific servicing. The subject property is the only property within LUC 152, which was established in 1977 for the purposes of developing a warehouse complex. Warehouse complex is the only use identified in the LUG's Schedule of permitted land uses. In 1986, staff of the Corporation of the District of Matsqui gave a broad interpretation of "warehouse complex" and since then business licences have been issued by the City for operations on the property including manufacturing, auto services and other industrial L:\3360 Zoning and Rezoning\ City-initiated text amendments\zb Site Specific LUC Discharge at Peardonville Road\Councii\PDS ZB-013.docx

3 Report No. PDS Page 3 of ~ =---- operations. During a recently initiated business licence referral process, staff identified that businesses on the subject property were illegal non-conforming. When notified of this, the property owner authorized the City to initiate the subject application proposing to discharge the LUC and legalize the existing uses. In comparison to the underlying 12 Zone (see Attachment A, the one use permitted under LUC 152 is significantly restrictive. If the LUC is discharged, the underlying 12 Zone will apply to the subject property and permit a variety of general industrial uses consistent with surrounding properties. 5. Staff support the proposed discharge of LUC 152 because it: is consistent with the OCP; will enable the owner to secure a wider variety of tenants for the site; and is consistent with Provincial initiative- Bill 17. Site Development Issues 6. As this application is City initiated for the purpose of legalizing existing uses on site, no referral process was initiated and no works and services requirements were identified. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION This proposal is consistent with the City's Official Community Plan. COMMUNICATION PLAN If supported by Council, the Bylaw No cited as "Land Use Contract No. 152, Discharge Bylaw 2015" will proceed to a Public Hearing. The City will notify in writing the owners and occupiers of land within a 100 meter radius of the property and provide Council with copies of any feedback received. Three advertisements for the Public Hearing will be published in the City Page of the local newspaper. L:\3360 Zoning and Rezoning\ City-initiated text amendments\zb-013- Site Specific LUC Discharge at Peardonville Road\Councii\PDS ZB-013.docx

4 Report No. PDS Page 4 of 4 ~ -- ~ ~--- SUBSTANTIATION OF RECOMMENDATION The proposal is consistent with the OCP Industrial-Business land use designation and the Provincial Bill 17 initiative; therefore, staff recommends support for this proposal to discharge Land Use Contract No. 152 and to allow the underlying zoning of General Industrial Zone (12 to regulate the permitted uses of the property. Prepared~ James Bryndza Planner Review~ Darren Braun, MCIP, RPP Director, Development Planning Attachments: City Context Map Figure 1: Location Figure 2: Context Plan Figure 3: Existing OCP Figure 4: Existing Zoning Attachment A: Section 620- General Industrial Zone (12, Abbotsford Zoning Bylaw 2015 Attachment B: Land Use Contract Discharge Bylaw No L:\3360 Zoning and Rezoning\3360~30 City~initiated text amendments\zb~013 ~Site Specific LUC Discharge at Peardonville Road\Councii\PDS 006~2016 ~ ZB 013.docx

5 File: PDS Location: Peardonville Road I ~ l- 1 L. I I _..- r t I I I

6 FIGURE 1 LOCATION ADDRESS: APPLICANT: on ~A. ABBOTSFORD Planning and Development Services Peardonville Road City of Abbotsford James Bryndza - contact FILE NO. ZB-013 January 15, 2016

7 - Watercourse Bus Stop -- Bus Route D Schools D Parks FIGURE 2 CONTEXT PLAN FILE NO. ADDRESS: Peardonville Road ZB-013 APPLICANT: City of Abbotsford James Bryndza - contact on ~A ABBOTSFORD January 15, 2016 Planning and Development Services

8 Choice of Use City Residential Urban Residential Suburban Residential Industrial-Business Industrial-Business (CICP Industrial Reserve Institutional FIGURE 3 EXISTING OCP ADDRESS: APPLICANT: o ~A ABBOTSFORD Planning and Development Services Peardonville Road City of Abbotsford James Bryndza - contact FILE NO. ZB-013 January 15, 2016

9 P FIGURE 4 EXISTING ZONING ADDRESS: APPLICANT: o..,.._a Peardonville Road City of Abbotsford James Bryndza - contact FILE NO. ZB-013 ABBOTSFORD January 15, 2016 Planning and Development Services

10 ATTACHMENT A General Industrial Zone (12 12 Intent: To accommodate a mix of light industrial uses Permitted Uses (B/L Principal Uses Permitted Uses Table for 12 Zone.1 Animal Shelter.18 Data Centre.2 Auction.19 Farm and Industrial Equipment.3 Automobile Body Shop Sales/Leasing/Repair.4 Automobile Recycling and Salvage.20 Freight Handling Facility Yard.21 Landscape Supply.5 Automobile Repair.22 Manufacturing.6 Automobile Storage Yard.23 Microbrewery.7 Brewery.24 Mini Storage.8 Brewing and Vinting Outlet.25 Mobile Food Vendor.9 Building Supply.26 Printing Services.10 Bus Depot.27 Recreational Vehicle.11 Commercial Vehicle Parking Sales/Leasing/Repair/Rental.12 Commercial Vehicle Repair.28 Recycling Depot.13 Commercial Vehicle Sales/Leasing.29 Research and Development.14 Commercial Vehicle Stop.30 Restaurant.15 Courier and Delivery.31 Trade School.16 Crematorium.32 Warehousing.17 Dangerous Goods Manufacturing/Warehousing Accessory Uses.33 Accessory Residential Use.34 Pawn Shop Site Specific Permitted Uses.1 Gaming Facility shall be a permitted Use on the following Lots: a. PID: Lot 1 Section 24 Township 13 NWD Plan LMP34910 b. PID: Lot 1 Section 24 Township 13 NWD Plan LMP34910 Except Plan BCP Office shall be a permitted use on the following Lots: a. Lot 2 Section 11 Township 16 NWD Plan BCP22632 b. Lot 1 Section 15 Township 16 NWD Plan BCP34059 Last modified July 27, 2015 Section 620-Page 1 of 3 Zoning Bylaw No tr.a ABBOTSFORD

11 620 - General Industrial Zone ( Notwithstanding section 620.1, outdoor unenclosed open storage and no other Uses shall be permitted on the following Lots: a. PID: Lot 7 NWD Plan 1602 b. PID: Lot 8 NWD Plan Development Regulations Development Regulations Table for 12 Zone Column I Column II.1 Density (maximum n/a.2 Minimum Setbacks a. 0.0 m, except 3.0 m where abutting an R or (Interior Lot Line RM zone.3 Minimum Setbacks (Exterior Lot Line a. 3.0m.4 Minimum Setbacks between Buildings a. 1.5m.5 Height (maximum a m.6 Lot Coverage (maximum a. 60% Subdivision Regulations Subdivision Regulations Table for 12 Zone Column I Column II.1 Lot Size (minimum a. 1,850 ml.2 Lot Width (minimum n/a.3 Lot Depth (minimum n/a Landscaping and Off-Street Parking Refer to sections 140 and 150 for requirements pertaining to landscaping and off-street parking Conditions of Use.1 Multi-modal containers shall be excluded from the maximum Height permitted in Unenclosed storage shall be permitted subject to the following regulations: a. not be located within 3.0 m of an Exterior Lot Line; b. be bounded on all sides not adjacent to a Building or structure by a solid fence or wall of at least 1.8 m in Height; c. be limited to that part of a lot that is surfaced with asphalt paving, concrete or another dust free material; and Last modified July 27, 2015 Section 620-Page 2 of 3 Zoning Bylaw No e ira ABBOTSFORD

12 620 - General Industrial Zone (12 12 d. not include storage of materials or goods likely to produce or give off dust or other particulate matter that may become wind-borne.. 3 Areas for office, retail sale, rental or display of goods manufactured or warehoused on the Lot shall be: a. fully contained within the same Building as the Manufacturing Use or Warehousing on the Lot; and b. limited to an area not exceeding 25% of the Gross Floor Area of the business manufacturing or warehousing the products on the Lot and the remaining Floor Area not being open to the public..4 A Restaurant shall be limited to a total Floor Area of 175m 2. 5 A Commercial Vehicle Parking Use shall require washroom facilities at a ratio of one bathroom stall for every 50 Parking Spaces.. 6 An Accessory Residential Use shall not exceed a maximum area of 90m 2 and shall be contained within the Principal Building.. 7 All Automobile Recycling and Salvage Yard Uses shall; (B/L a. be fully contained within a Building; b. be limited to the disassembly, repair and sale of Automobile parts; and c. not be shredded or crushed onsite.. 8 Pawn Shop Use must be Accessory to an Auction Use and not exceed 5% of the Gross Floor Area of the Auction Use. (B/L A Dangerous Goods Manufacturing/Warehousing Use shall be: (B/L a. fully contained within a Building; b. authorized by and in compliance with a permit issued by the Waste Management Branch of the Ministry of Environment; and c. in conformity with the regulations of the City's Fire Services Bylaw, 2006, as amended, or replaced, from time to time. Last modified July 27, 2015 Section 620-Page 3 of 3 Zoning Bylaw No ? i---~ ABBOTSFORD

13 ATTACHMENT B CITY OF ABBOTSFORD LAND USE CONTRACT NO. 152, DISCHARGE BYLAW, 2015 Bylaw No ZB-013 WHEREAS Land Use Contract No. 152, authorized by By-law No. 1507, cited as "Land Use Contract By-law No. 140" (the "Land Use Contract", was lawfully entered into by the City; AND WHEREAS the Land Use Contract No. 152 was registered in the Land Title Office on June 27, 1977, under Filing Number N63808; AND WHEREAS the registered owner of the described property has authorized the City to discharge the Land Use Contract; The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Land Use Contract No. 152, Discharge Bylaw, 2015". 2. AUTHORIZES LAND USE CONTRACT DISCHARGE The Mayor and Corporate Officer are authorized to enter into and execute the agreement, as set out in the Appendix "A" attached to and forming part of this bylaw, to discharge Land Use Contract No.1 52 registered against: P.I.D.: LOT "B" SECTION 24 TOWNSHIP 13 NEW WESTMINSTER DISTRICT PLAN 8538 Located at: Peardonville Road, per the attached Appendix "B". READ A FIRST TIME this READ A SECOND TIME this PUBLIC HEARING HELD this READ A THIRD TIME this ADOPTED this day of day of day of day of day of '2016 '2016 '2016 '2016 '2016 I hereby certify this to be a true copy of the original bylaw Henry Braun Mayor Sherry Davis Deputy City Clerk (Legal Services William Flitton Corporate Officer Final Draft- January 8, 2016

14 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 152, DISCHARGE BYLAW, 2015 Bylaw No Page 2 APPENDIX "A" THIS AGREEMENT made this day of ' 20. BETWEEN: AND: WHEREAS: CITY OF ABBOTSFORD South Fraser Way, Abbotsford in the Province of British Columbia V2T 1W7; (the "City" TOPAZ DEVELOPMENTS L TO Montrose Avenue, Abbotsford in the Province of British Columbia; (the "Owners" OF THE FIRST PART OF THE SECOND PART (A The owners are the legal and beneficial owners of a certain parcel of land more particularly known and described as: P.I.D.: LOT "B" SECTION 24 TOWNSHIP 13 NEW WESTMINSTER DISTRICT PLAN 8538 (B (C The City is the registered owner of a certain charge known as Land Use Contract No. 152 pursuant to the Local Government Act; The owners wish to discharge Land Use Contract No. 152 registered under Filing Number N63808; NOW THEREFORE IN CONSIDERATION of the premises and the payment of the sum of ONE DOLLAR ($1.00 of lawful money of Canada (receipt of which is acknowledged by the City the parties agree each with the other as follows: 1. That, pursuant to the Local Government Act, Land Use Contract No. 152, dated the 16 1 h day of June, 1977, shall be discharged. Final Draft- January 8, 2016

15 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 152, DISCHARGE BYLAW, 2015 Bylaw No Page 3 2. That such discharge of Land Use Contract No. 152 shall be registered in the New Westminster Land Title Office in accordance with the Land Title Act. IN WITNESS WHEREOF the parties have set their hands or, in the case of a corporation, the corporate seal was affixed in the presence of its duly authorized officers on the date and year first above written. THE CORPORATE SEAL OF THE CITY OF ABBOTSFORD was affixed in the presence of: Henry Braun Mayor William Flitton Corporate Officer SIGNED, SEALED, AND DELIVERED in the presence of: JUDY KRAHN ROSETTA KRAHN Final Draft- January 8, 2016

16 CITY OF ABBOTSFORD LAND USE CONTRACT NO. 152, DISCHARGE BYLAW, 2015 Bylaw No Page 4 APPENDIX "B" SCHEDULE BYLAW NO BEING LAND USE CONTRACT NO. 152 DISCHARGE BYLAW, 2015 A N PARK l RUY\.1 L34910 l34910 Rfl.'1 1031'!(\ RH<H IY91!1 A l15521 WHEEL AVE. (~-~r=-~1 ~!:::,~-~~ Final Draft- January 8, 2016