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

Transcription

1 Sa I~A COUNCIL REPORT Report No.: PDS February 25, 2014 File No: /R Executive Committee To: From: Subject: Mayor and Council Blake Collins, Planner Rezoning application for the property, legally described as Lot 2 Section 24 Township 13 New Westminster District Plan LMP34910, located in the Block of Peardonville Road (Owners: H. Bergen & Sons Ltd., Inc. No Directors: Norma and Henry Bergen) RECOMMENDATIONS 1. THAT Bylaw No , cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 736", which rezones the property, covered under application /R13-021, from Agricultural One Zone (Ai) to General Industrial Zone (12), be given first and second reading at the next Regular Meeting of Council and advanced to an upcoming Public Hearing; 2. THAT prior to adoption of Bylaw No , cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 736, the following conditions be satisfied: a. provide a 1.3 m wide road dedication along the full frontage of the lands, in accordance with the Development Bylaw; b. provide a $5,000 contribution toward transit improvements on Peardonville Road; and c. install signage on the existing fence indicating the presence of a habitat area and undertake a general clean-up of rubbish within the streamside setback area; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. BACKGROUND Proposal: Applicant: Owner: Legal Description: OCP Designation: Existing Zoning: To rezone the property from Agricultural One Zone (Ai) to General Industrial Zone (12) to accommodate future industrial development. Brian Gaudet H. Hergen & Sons ltd. (Directors: John and Norma Bergen) Lot 2 Section 24 Township 13 New Westminster District Plan LMP34910 Industrial Business Agricultural One Zone (Ai) L:\R13\R13-021\EDP Council Report.docx

2 Report No. EDP Page 2 of 4 Proposed Zoning Site Area: 1.96 ha (4.86 acres) Site Description: Surrounding Uses: N: S: E: W : The subject property is a large flat parcel of vacant land. To the north the subject property is bordered by a wetland which forms a tributary to Fish Trap Creek. Simpson Park zoned Parks, Open Space and Schools (P2) Peardonville Road beyond which is a manufacturing facility zoned General Industrial (12) Chances Bingo Hall zoned Light Industrial (11) MUlti-tenant industrial complex zoned Light Industrial (11) and General Industrial (12) ANALYSIS Official Community Plan (OCP) 4. The Official Community Plan (OCP) designates the site Industrial Business. This land use category is intended to provide for industrial and Business Park land uses, including the manufacture, processing, transportation, distribution, wholesale exchange, research and development, warehousing and storage of material and equipment along with related activities. 5. While this rezoning application is not being requested to accommodate a specific tenant, the proposal to zone the property for uses permitted within the General Industrial Zone (12) is compliant with the OCP designation. 6. Given the subject property is designated industrial, prior to moving forward with any new construction on the subject property the developer will be required to obtain an Industrial Form and Character Development Permit. As per the Delegation of Council Authority Bylaw, 2009 and upon the satisfaction of any conditions this permit will be issued by the Director of Planning unless a variance is requested which will then require the application to be considered and approved by Council. Rezoning 7. Presently the subject property is zoned Agricultural One Zone (A 1) which permits a range of agricultural activities. Historically, the property was used to grow raspberries; however, the owner no longer wishes to pursue this agricultural use. To attract an industrial tenant or purchaser, the owner wishes to rezone the property to General Industrial (12) in line with the property's designation under the Official Community Plan and consistent with the Industrial land uses occurring throughout the remainder of the Peardonville Industrial Area. Streamside Protection 8. During the review of the rezoning application it was noted that the property abutted a tributary to Fish Trap Creek and was therefore is subject to the requirements of the Streamside Protection Bylaw. In conjunction the subdivision application that created the subject parcel a Section 219 Covenant was registered establishing a No Build / No Disturbance Area equivalent to 30m from the top of bank. The covenant predated the establishment of the Streamside Protection Bylaw and staff is of the opinion that the existing covenant sufficiently

3 Report No. EDP Page 3 of 4 addresses streamside setbacks. Additional protection for the streamside area in the form of a 2.0m chain link fence is also in place. 9. During staff's site inspection, some garbage and debris was noted within the streamside setback area. To assist in raising awareness of this feature, staff is recommending that habitat signage be installed every 15m on the existing fence. In addition, staff is also recommending that the owner undertake a general clean-up of garbage and debris located within the habitat area. Prior to the adoption of the proposed zoning amendment, staff will complete a second inspection to ensure these works have been completed. Neighbourhood Walkability 10. A Walk Score is a large-scale, public access walkability index that assigns a numerical walkability score (1 to 100, with 100 being a walkers paradise) to any address. It ranks neighbourhoods based on how many businesses, parks, theaters, schools and other desired destinations are within a 15 minute walking radius of the address. To put context to the number, Abbotsford City Hall scores a walk score of 84, which is very walkable. The walk score of the subject site is 40, which translate to a car dependent neighbourhood where few daily tasks can be completed on foot. Notwithstanding this, a transit stop is located next to the subject property and as a condition of approval the developer will be providing a cash payment of $5,000 that will be used to provide additional pedestrian facilities (benches/shelter) at this bus stop. Development Permit 11. Future development will be required to obtain an Industrial Form and Character Development Permit and satisfy the guidelines as established within the OCP prior to proceeding with construction. Tree Protection/Removal/Replacement 12. The existing site was previously cleared for agricultural purposes and as such there are no trees on the subject property qualifying for protection under the Tree Protection Bylaw. Site Development Issues 13. A staff review of the Works and Services necessary to support this application has been completed. A copy of the Works and Services Requirements (Dated February 27,2013) is appended as Attachment A. 14. In addition to the above comments, the developer is responsible to adhere to all other legislation, which may apply to the land, including: (a) (b) complying with all applicable City bylaws, such as Official Community Plan, 2005, Development Bylaw, 2011, Tree Protection Bylaw, 2010, Building Bylaw, 2003, Sign Bylaw, 2001, Erosion and Sediment Control Bylaw, 2010, and Development Cost Charges Imposition Bylaw, 2010 administered by the City; and obtaining all other necessary approvals and permits on such terms as they may be issued, including but not limited to a development permit,

4 Report No. EDP Page 4 of 4. -~ ~~-- subdivision approval, building permit, soil removal/deposit permit, Ministry of Health permit, Ministry of Transportation and Infrastructure approval and Ministry of Environment approval. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. STRATEGIC DIRECTIONS The proposed development supports the Strategic Directions' vision of Abbotsford being the most sustainable, livable and prosperous City in British Columbia by: a complete community, which provides high-quality jobs, affordable and appropriate housing, and excellent learning and recreational opportunities that allow all of its residents to live full, healthy and diverse lives within Abbotsford; a compact community which uses land, public infrastructure and resources efficiently, so that urban pressures on food-producing and natural environments are reduced, transportation alternatives are viable and greenhouse gas emissions are minimized; a connected community that allows all of its residents to safely and easily access shops, services, jobs and recreation by walking, cycling, and transit as well as by driving; COMMUNICATION PLAN If supported by Council, the Zoning Bylaw amendment 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 a copy of any feedback received. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper. SUMMARY The proposal to rezone the subject property from A 1 to 12 is consistent with the Official Community PI s such staff recommends support for this application. Reviewed by: Siri Bertelsen, General Manager Econo ic Development & Planning Services... \ Blake Collins, MEDes, MCIP, RPP Planner Revie ed by. Darren Braun, BBA, MCIP, RPP Director of Development Planning EncL Figure 1- Location (with Air Photo) Figure 2- Context Plan Figure 3- Streamside Protection Area and Fencing Plan Attachment A - Zoning Amendment Bylaw No Attachment B - Works and Services Requirements

5 FIGURE 1 LOCATION ADDRESS: APPLICANT: Lot Block of Peardonville Road (north side) Brian Gaudet ~A Development Services Department - Development Approvals FILE NO I R February 28,2014

6 N SIMPSON RD. PEARDONVIL LE RD. - - rr-----r -,r- ~W~H~EE~L~A~VE~._ FIGURE 1 LOCATION ADDRESS: APPLICANT: Lot Block of Peardonville Road (north side) Brian Gaudet ~A Development SelVices Department - Development Approvals FILE NO I R February 28,2014

7 FIGURE 2 CONTEXT PLAN ADDRESS: APPLICANT: Lot Block of Peardonville Road (north side) Brian Gaudet ~A Development Services Department - Development Approvals FILE NO I R February 28, 2014

8 FIGURE 3 STREAMSIDE PROTECTION AREA AND FENCING PLAN ADDRESS: APPLICANT: ~A Lot Block of Peardonville Road (north side) Brian Gaudet Development Services Department - Development Approvals FILE NO / R February 28,2014

9 CITY OF ZONING BYLAW, 1996, AMENDMENT BYLAW NO. 736 Bylaw No R The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 736". 2. AMENDS ZONING MAPS Abbotsford Zoning Bylaw, 1996, Schedule "A" - Zoning Map, as amended, is further amended by changing the zoning of: P.I.D.: Lot 2 Section 24 Township 13 New Westminster District Plan LMP34910 From: Agricultural One Zone (Ai) To: General Industrial Zone (12), per the attached Appendix "A" Located in the Block of Peardonville Road READ A FIRST TIME this day of,2014 PUBLIC HEARING HELD this day of,2014 READ A SECOND TIME this day of,2014 READ A THIRD TIME this day of,2014 ADOPTED this day of,2014 I hereby certify this to be a true copy of the original bylaw R. Bruce Banman Mayor Katie Karn Deputy City Clerk William Flitton Corporate Officer Final Draft March 6, 2014 ATTACHMENT A

10 CITY OF ZONING BYLAW, 1996, AMENDMENT BYLAW NO. 736 Bylaw No R APPENDIX "A" SCHEDULE BYLAW NO BEING ZONING BY-LAW, 1996, AMENDMENT BY-LAW NO. 736 FROM: Agricultural One Zone (A1) TO: General Industrial Zone (12) ---r r.:.;;;;-:::::::: It.... ;.!lll:.lll:.lll.lll: N ~ ;::::::::::::::::: CD :::::::::::::::::: ::::::::::~:::::: SIMPSON RD. PEARDONVILLE RD. REM c o REM.F...,: ti) Z W W ::;) a f;j -: ~~ ~ 10 REM , ~i - Rt:M.G NWS01099 REM.H A Final Draft March 6, 2014

11 o. ~A DEVELOPMENT ENGINEERING DIVISION REZONING WORKS AND SERVICES REQUIREMENTS File No: R Planner: Blake Collins, Planner Prepared By: Stephen Stemler, Development Technologist 2 Approved By: /-cool Robert Cooke, Manager of Development Engineering Date: February 27, 2014 Applicant: Development Property: Brain Gaudet Lot 2 Peardonville Road Lot 2 Section 24 Township 13 NWD Plan LMP34910 The Local Government Act authorizes local governments to require development to meet current works and services standards as set out in the City's Development Bylaw and Policies. This report includes the Existing Conditions of the site, the Works & Services Requirements to meet the applicable bylaws and policies and Future Considerations that may apply to the next phase of development. Please have your consulting engineer call Stephen Stemler, Development Technologist 2 at or Sstemler@abbotsford.cain regard to this report and any other servicing matters relating to this application. ATTACHMENT 8

12 o. " _."...~ DEVELOPMENT ENGINEERING DIVISION REQUIREMENTS The portion of proposed surface works that front neighbouring properties require detailed design to ensure their integration with the existing infrastructure. Additional dedications, SRWs, works, features or limits of construction may be needed as identified through the design and construction phases. At this time, based on the limited information supplied at Development Permit stage, the following comments are to be brought to the attention of the applicant. Highways - Dedications and Rights-of-Ways On Peardonville Road a dedication of approximately 1.3 m is required along the full frontage of the Lands to accommodate an 'Urban Arterial Road with Left Turn' standard. Transit Provide a cash-in-lieu payment of $5, to upgrade the existing transit stop servicing the Lands. Drainage Collection and Disposal Preliminary modeling show that the existing 750/900 mm diameter storm sewer on Simpson Road draining west to Fishtrap Creek does not have capacity for the 1 in 10yr rainfall event. If utilized, the system needs to be evaluated and enlarged as necessary. A detention facility is located on the Lands within statutory right-of-way plan LMP This facility serves as detention and infiltration for lot Peardonville Road and is subject to the above noted works should it be used. Provide statutory rights-of-way for all detention and infiltration facilities as well as access to them should they require enlargement. Portions of the above noted works may be eligible for Latecomer Charges. ( ) Discharging storm runoff to Fishtrap Creek north of the Lands is subject to environmental approval and arrangement of rights-of-way as necessary. A storm water management plan showing how onsite drainage will be accommodated offsite. All offsite storm water works and services including new installations and upgrades to existing offsite systems required by the storm water management plan shall be designed and constructed in accordance with said storm water management plan. Prior to any further development on the Lands, to provide an updated storm water management plan showing how drainage on the Lands will be accommodated including detention. All storm water works and services including new installations and upgrades to existing offsite systems required by the updated storm water management plan shall be designed and constructed in accordance with said updated storm water management plan. 2

13 o. ~~ DEVELOPMENT ENGINEERING DIVISION Sewage Collection and Disposal There is adequate capacity in the downstream wastewater system to support this rezoning application. The Lands are pre-serviced with a 150 mm diameter service connecting to the 250 mm diameter sewer main on Peardonville Road. The development shall use this existing service and install a 1200 mm diameter standard manhole at the property line for wastewater sampling purposes. The above noted works are not eligible for Latecomer Charges. ( ) Water Distribution Domestic and Fire Fighting The existing 400 mm diameter and 200 mm diameter water mains fronting the Lands are capable of providing adequate fire flows for this general industrial use development. With future building permit application(s), all domestic and fire flow demand calculations must be submitted as part of the servicing agreement review process to determine the required service and meter location(s) and sizes(s); Power/Telecommunications Service Connection: Provide underground power and telecommunications services from the distribution system to the property line. Power/Telecommunications Distribution System: Pay the Streetscape Contribution Levy, as per the City of Abbotsford Development Bylaw 2011, Bylaw No Schedule "0". Lot Grading A Lot Grading Plan will be required in conjunction with a storm water management plan. Environment Works in set-back areas and discharge to creeks, streams and watercourses may be subject to federal and provincial authority approval. The developer shall retain the services of a qualified environmental professional to complete any required studies and obtain any necessary permits and approvals prior to construction. Erosion and Sediment Control All works shall be performed in substantial conformance with the City's Development By-law, the Provincial 'Land Development Guidelines' and the City's Erosion and Sediment Control Bylaw, in the control and prevention of erosion and sediment during all phases of construction. No release of silt, sediment laden waters or deleterious substances is permitted into any existing City storm or drainage system during any phase of development of the Lands. 3

14 0. ~~ DEVELOPMENT ENGINEERING DIVISION The ESC Plan requires 4 drawings, each indicating the ESC methods for that stage of construction; site preparation site servicing building construction warranty period Possible Covenants, Easements and Rights-of-way Lot grading covenant Shared access easement Infiltration and/or Detention rights-of-way Access Access to the Lands is currently from Peardonville Road through a shared access easement (Plan LMP34909) with Peardonville Road. An additional access or widening of existing access and easement will be reviewed at subdivision or building permit. Prior to fourth reading, an access management plan to the satisfaction of the General Manager, Engineering providing a detailed review of the access location and turning movements and confirming that it meets or exceeds the minimum TAC design and safety requirements for existing and future traffic volumes. Latecomer Charges - receivable Policy Developer is required to submit an acceptable Latecomer Report should Latecomer work be deemed applicable through design, prior to Latecomer Charges being enacted. Development Cost Charges Development Cost Charges (DCC's) shall be paid in accordance with the DCC Bylaws applicable at time of Building Permit. Miscellaneous Requirements All works shall be performed in substantial conformance with the City's Development By-law, the Provincial 'Land Development Guidelines' and the City's Erosion and Sediment Control Bylaw, in the control and prevention of erosion and sediment during all phases of construction. No release of silt, sediment laden waters or deleterious substances is permitted into any existing City storm or drainage system during any phase of development of the Lands. 4

15 o. ~~ DEVELOPMENT ENGINEERING DIVISION FUTURE CONSIDERATIONS Upon further development an additional works and services review will apply related to that application. Listed below are some items to consider. Bylaws the applicant is to be familiar with the Development Bylaw to ensure an understanding of possible future Works and services that may impact the development the applicant is to review the Works and Services identified in the Voluntary Letter of Offer (VLO) and Development Agreement and how they may impact the building. Stormwater Management detention and infiltration will be required. Ensure that adequate room and proper placement has been reviewed. Traffic Management the increase in vehicle traffic will be reviewed for its impact on the access and nearest intersections. Access may be restricted. road dedications, statutory rights-of-way and easements to accommodate the works and lot grading may require adjustments to the placement or size of the building. Service Connections water, sanitary and storm connections may have specific tie in locations. Review and confirm locations prior to design. If the property is proposed for processing use type development, the developer shall submit the application for capacity evaluation. calculations related to the required domestic and fire water demand will be reviewed. There may be a service, meter or flow restrictions. Fire Department review may result in geometric changes to onsite roadways, additional fire hydrants, emergency access and building placement. Provide underground power and telecommunications services from the distribution system to the proposed building{s). Development Cost Charges. Development Cost Charges are applicable at Building Permit or Subdivision Lot Grading A Lot Grading Plan is required. Final lot grading shall conform to City's Lot Grading Policy and Guidelines. Any retaining walls that the Developer or Consulting Engineer consider are necessary to effectively grade the Lands to prevent negative impacts on finished neighbouring Lands, either existing or proposed, shall be constructed by the Developer. The standard "Lot Grading Covenant shall be registered against title to all proposed lots. Lot grading shall also provide for the collection of surface runoff and other drainage that will discharge to the City Drainage system. Lot grading may be designed to allow for 5

16 Os ~~ DEVELOPMENT ENGINEERING DIVISION surface sheet flows or collected in swales and directed to lawn basins as necessary to the satisfaction of the General Manager, Engineering. Any collection of surface flows to a concentrated point discharge location shall include provision for easements or rightsof-way across impacted Lands as necessary. All lot grading shall be designed to take care of surface flows emanating from onsite grading. Building Permit Submissions In order to avoid delays in receipt of building permits, the builder shall be responsible for ensuring that building permit applications on the Lands conform to the intent of the accepted Lot Grading plan(s) prior to submission to the City. The developer or his designate shall review and approve building permit applications prior to submission to the City. When submitted, the building permit plans shall provide lot grading information that shall, at time of final inspection for building occupancy or approval, comply with the accepted lot grading plan or the intent of the lot grading design accepted by the General Manager, Engineering prior to construction. 6

17 ~~~~ DEVELOPMENT ENGINEERING DIVISION EXISTING CONDITIONS Highways (Rights-of-Way) Peardonville Road is an existing 24.0 m wide right-of-way. Roadways Peardonville Road is constructed with a 14.6 m wide paved surface, barrier curb and gutter, 1.5 m wide concrete sidewalk, storm sewer drainage, lease street lighting and overhead power/telecommunications wiring. Drainage System A 750 mm diameter concrete storm sewer exists on Peardonville Road fronting the Lands. An existing drainage system exists along the north end of the property within statutory right-ofway plan LMP34908 (drawing SUB-985). Sanitary Sewer System A 250 mm diameter PVC sanitary sewer main exists on Peardonville Road fronting the Lands. Water Distribution System A 200 and 400 mm diameter ductile ron water main exists on Peardonville Road fronting the Lands. Street Lighting Pole mounted lease street lighting exists on Peardonville Road fronting the Lands. Power/Telecommunications Wiring The existing power/telecommunications wiring on Peardonville Road fronting the Lands is overhead. Access Access to the Lands is currently from Peardonville Road through a shared access easement (Plan LMP34909) with Peardonville Road. Environment East Fishtrap Creek is located along the northern property line. 7