missTsRicon.ON THE FRASER "0"7"'

Regular Council AgendaFebruary 27, 2012 — 6:30 p.m.

Council Chambers

8645 Stave Lake Street, Mission, BC

1. RESOLUTION TO ADD BYLAWS SECTION

MOTION: That the following section be added to the agenda for February 27, 2012:

4. Bylaws for Consideration

2. DELEGATIONS AND PRESENTATIONS

(a) Paul Horn Page 2Re: Business Licence Fees

1

(b) Mark HeieisRe: Sustainability

3. PUBLIC HEARING

(a) District of Mission Zoning Amending Bylaw 5265-2012-5050(64)

Page 3(R11-016-Gill) — a bylaw to rezone property at 31712 Bench Avenuefrom Rural 16 Zone (RU16) to Suburban 36 Zone (S36)

4. BYLAWS FOR CONSIDERATION

MOTION: That the readings of all bylaws listed below be considered for thirdreading following the public hearing.(a) District of Mission Zoning Amending Bylaw 5265-2012-5050(64)

Third Reading

(R11-016-Gill) — a bylaw to rezone property at 31712 Bench Avenuefrom Rural 16 Zone (RU16) to Suburban 36 Zone (S36)

5. ADJOURNMENT

ON THE FRASER

REQUEST TO APPEAR AS A DELEGATION

Date: January 23, 2012

To: Deputy Director of Corporate Administration

I hereby request permission to appear as a delegation before District of Mission Mayor andCouncil with reference to the following topic:

Business License fees, especially related to home-based businesses

I understand that the deadline for submission of the request, including any presentation orsupporting material, is 4:30 p.m. on the Monday preceding the date of the meeting and thatonce my appearance has been confirmed, I will be allotted a maximum of 10 minutes to makemy presentation.

Name: Paul Horn

2

Delegation Confirmed to Appear on:

Date Confirmed: Confirmed by:

3176431620

40

55

DISTRICT OF MISSIONNOTICE OF PUBLIC HEARING

Pursuant to the provisions of Sections 890 and 892 of the Local Government Act, a Public Hearing willtake place in the Council Chambers of the Municipal Hall, 8645 Stave Lake Street, Mission, BC at 6:30p.m. on Monday, February 27, 2012 to consider the following proposed bylaws:

1. DISTRICT OF MISSION ZONING AMENDING BYLAW 5265-2012-5050(64) (R11-016 - Gill)

This bylaw proposes to amend District of Mission Zoning Bylaw 5050-2009 by amending the zoningof the following legally described property:

Parcel Identifier: 008-873-704 Lot 2 Except: Parcel "A" (Explanatory Plan 23471), Section 30Township 17 New Westminster District Plan 20599

from Rural 16 (RU16) zone to Suburban 36 (S36) zone.

The location of the subject property is 31712 Bench Avenue and is shown on the following maps:

3

The purpose of the proposed amendment is to accommodate the subsequent subdivision of thesubject property into 8 lots of a minimum 0.36 hectare (0.88 ac.) lot size.

Copies of the proposed bylaws and reports relevant to these bylaws may be inspected at the MunicipalHall, 8645 Stave Lake Street, Mission, BC, Monday to Friday, excluding statutory holidays, from 8:00 a.m.to 4:30 p.m., from February 16, 2012 to February 27, 2012. The information is also available on ourwebsite at www.mission.ca by searching "upcoming public hearing". For further information regarding anyof these bylaws, please contact the Planning Department at (604) 820-3748.

At the Public Hearing, persons who believe that their interest in property is affected by these proposedbylaws will have the opportunity to be heard. If you are unable to attend, you may send a writtensubmission, including your name and address, to the attention of Paul Gipps, Deputy Chief AdministrativeOfficer or email infomission.ca by 4:00 p.m. on the date of the Public Hearing. All submissions will formpart of the record of the Hearing.

Please note that no further information or submissions can be considered by Council after the conclusionof the Public Hearing.

Immediately following the Public Hearing portion of the meeting, council may consider moving bylawsforward for additional readings.

Paul GippsDEPUTY CHIEF ADMINISTRATIVE OFFICER

Dated at Mission, BCthis 13th day of February, 2012.a \COMDE\APUBLIC HEARINGS & PUBLIC INPUT MTGS \ NOTICE OF PUBLIC HEARING\2012\February 27.clocx

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000./ON THE FRASER 10

Planning Department MemorandumFILE: PRO.DEV.ZON

R11-016 and S11-012

4

Date: January 23, 2012

To: Chief Administrative Officer

Department: Planning Department

Proposal: Rezoning Application to facilitate a proposed 8 lot suburban residentialsubdivision on the property located at 31712 Bench Avenue

File:R11-016S11-012

• Rezoning from Rural 16 Zone (RU16) to Suburban 36 Zone (S36)• Proposed 8 lot Suburban Residential Subdivision

Owner: • Gurcharan, Kuldeep, Sikhwindra and Surinder Mangat

Applicant • Roger Gill

Current OCP • Suburban Residential — Single FamilyDesignation:

Current Zoning: • Rural 16 Zone (RU16)

Application • December 23, 2011Complete:

Key Map Location Map

PAGE 1 OF 16

Recommendation:

1. That a bylaw be prepared to amend District of Mission Zoning Bylaw 5050-2009 by rezoningthe property located at 31712 Bench Avenue from Rural 16 Zone (RU16) to Suburban 36Zone (S36);

2. That the bylaw(s) be considered for 1 st and 2nd readings at the Regular Council meeting onJanuary 23, 2012;

3. That following such a reading, the bylaw be forwarded to a Public Hearing on February 27,2012;

4. That the five percent parkland provision in Section 941 of the Local Government Act beapplied as cash-in-lieu of parkland to Subdivision Application S11-012; and,

5. That a bylaw be prepared to provide a road name for a new road (Appendix 7) as follows:

o Cul de sac accessed from Kenney Avenue as "Conley Terrace".

Proposal Overview

• An application has been received by Roger Gill, on behalf of the owners, Gurcharan,Kuldeep, Sikhwindra and Surinder Mangat, to rezone the property located at 31712 BenchAvenue (Location Map) to allow for the subdivision of the land into 8 suburban residentiallots with a minimum lot size of 0.36 hectares (0.88 acres), as shown on Appendix 7.

• Lots 1, 2, and 3 are proposed to have access via Bench Avenue while Lots 4 to 5 will beaccessed through an extension of Kenney Avenue. Lots 6, 7 and 8 will have access off of aproposed 137 metre cul de sac road that will intersect Kenney Avenue running north.

• The subject property is approximately 3.4 hectares (8.3 acres) and is currently zoned Rural16 Zone (RU16) Rural One zone. The RU16 zone allows for a minimum lot size of 1.6hectares (3.95 acres).

Site Characteristics

Existing Land Use:

• The property is separated by an abrupt change in elevation which naturally delineates theproperty into an upper and lower bench. The lower bench, encompassing approximatelytwo-thirds of the subject property is accessed off Kenny Avenue which is to be constructedas part of this development proposal. Topographical maps indicate that the upper bench,which includes the slope area, is accessed from Bench Avenue and is approximatelytwenty-five metres higher than the lower bench. With this significant change in elevation,the building envelopes for proposed lots '1', '2', and '3' are limited to the front portions of thelots as the remaining majority of the properties are encumbered by the steep sloped area.

• Overall, the site is best described as pasture land scattered with approximately four dozentrees of varied species throughout (refer to Tree Replanting and Retention section of thisreport). Having large clearings within the site, tree removal to accommodate improvements,such as building envelope, driveway access, yard area, sewage disposal, and the like, canbe minimal.

FILE: PRO.DEV.ZON PAGE 2 OF 16R11-016/S11-012

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• There is an existing residence, garage, and shed located on the property. The home and thedetached garage will be contained within proposed Lot 1 while the shed will be locatedwithin proposed Lot 2. This shed will need to be either relocated or removed since a lotcannot contain an accessory structure without a principal building on that parcel.

• At the subdivision stage, the applicant will be required to confirm that property line setbackswill be met for all existing structures.

Neighbourhood Context

• The subject property is situated southeast of the Silverdale Urban Reserve area andnorthwest of the Mission Sports Park and the Silver Creek Parkway corridor.

• In general, the lands surrounding the property consist of one-acre single-family residentialproperties under the S36 zone to the south and larger remainder parcels up to five acresplus in size to the north under the RU16 zone.

• As the existing Suburban Residential OCP designation allows the rezoning of properties inthe Israel / Bench neighbourhood area to a minimum lot size of 0.36 hectares (0.88 acres),many of properties in the vicinity have undergone similar subdivision developments as iscurrently proposed by this application.

Adjacent Area:

Direction Existing Use OCP Designation Existing Zoning

North Residential Suburban Residentialand Rural (furtherNorth)

RU16

East Residential andMission Sports Park(further east)

Suburban Residential 'and Parks,Recreation, andNatural Open Space

RU16, IPRC & S36(further East)

South Residential Suburban Residential S36

West Residential Suburban Residential S36 and RU16

Context Statement

This application is being considered by Council in accordance with:

• Official Community Plan (Bylaw 4052-2008)

o The property is designated Suburban Residential on Map 1 of the Official CommunityPlan (OCP) and therefore this application is in conformance to the policies of theOCP.

• Zoning Bylaw 5050-2009

o To subdivide the property as proposed, a rezoning to the Suburban 36 Zone (S36) isrequired in order to allow for lot sizes with a minimum area of 0.36 hectares (0.88acres).

6

FILE: PRO.DEV.ZON

PAGE 3 OF 16R11-016/S11-012

Site History

• A rezoning application (R05-028) was made on behalf of a previous landowner of thesubject site. This proposal included a subdivision application for an 8 lot suburbanresidential subdivision with a different lot layout than that currently proposed.

• The application (R05-028) received 1 st and 2nd reading on March 20, 2006 and 3 rd readingon April 24, 2006.

• On November 17, 2010, R05-028 was closed as per the request of the applicant.

• A new rezoning application (R11-016) was received on May 24, 2011 for the site with acomplete application (with all required information) made on December 23, 2011.

Official Community Plan Amendment (Bylaw 4052-2008)

• N/A

Zoning Amendment (Bylaw 5050-2009)

• The subject property is currently zoned Rural 16 Zone (RU16) which permits a minimum lotsize of 1.6 hectares (3.95 acres).

• To facilitate the proposed subdivision of the subject property into eight residential lots aminimum lot size of 1.8 hectare (4.44 acres), the property first needs to be rezoned toSuburban 36 Zone (S36). The S36 permits lots with a minimum lot size of 0.36 hectares(0.88 acres) which is consistent with the lot sizes proposed by the applicant.

Planning Analysis

• This proposed rezoning application is consistent with the Official Community Plan.

• The area is designated for suburban residential development and it is anticipated that theS36 zoning will become the predominant zoning classification for the area.

• There have been recent subdivision applications within the surrounding area which areconsistent with this application in terms of density and lot size.

Community Amenity Contribution (LAN. 40 — Financial Contribution for CommunityAmenities)

• In accordance with Council Policy LAN. 40, the applicant has volunteered to contribute$22,520.00 ($2,815.00 per lot) to offset the unique financial burden that residentialdevelopment incurs on the District to fund new facilities and/or amenities.

FILE: PRO.DEV.ZON PAGE 4 OF 16R11-016/S11-012

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Environmental Considerations

• While watercourse inventory maps do not indicate the presence of creeks on or adjacent tothe site, there is however, historical knowledge pertaining to issues of managing the site'shigh-water table as is evident with the presence of meandering ditches within the site.

• In 2006, DFO and Council requested a hydrological study of the site

• The applicant retained Golder and Associates Ltd. to prepare a study which was submittedto the District on October 1, 2008. The report recognizes ditches flowing in a southwesterly direction, extending over the western site boundary into broad, shallow ponds. It isnot known in the report whether the offsite ponds were natural wetlands or excavateddrainage features.

• Scott Resources Ltd. provided a one page letter report to the previous applicant indicatingthat the site is very wet with water collecting in ditches and then sheet-flows into a pasture,where it infiltrates. The report indicates that there is no connection to any watercourse, andthe site is therefore not fish habitat. DFO reviewed the report and withdrew theirrecommendation for a hydrogeological study since the ditches on the subject site are notconnected to any other watercourse as per the findings of Scott Resources Ltd.

Geotechnical Considerations

• Given the sloped portion of the property and high water table, a Geotechnical and HazardAssessment Report, prepared by Valley Geotechnical Engineering Services Ltd. and datedSeptember 19, 2011, was submitted by the applicant.

• The report confirms that the site can be safely used for the uses intended pursuant to theCommunity Charter and the Land Title Act. The report outlines that Section 219 covenantsare required for the required geotechnical setback lines (for Lots 1 to 3) to maintain theintegrity of the upper slope.

• The report also recommends that there be no basements within any proposed homes onthe proposed lots due to the proposed installation of septic fields and rock pits.

• All geotechnical considerations will be addressed at the subdivision stage.

Tree Retention and Replanting (LAN 32 — Tree Retention Replanting)

• Although the site is fairly open, there are number of trees on site that would qualify assignificant (20cm calliper at breast height) under the terms of LAN 32 - Tree Retention andReplanting Policy.

• The applicant has provided an Arborist Report prepared by Central Valley Tree and ArboristServices Ltd. dated December 22, 2011 for the subject property. The report identifies a totalof 41 trees that have been tagged, 14 of which will require removal in order to facilitate theproposed subdivision (to accommodate proposed building envelopes, septic fields, androadways) — see Appendix 4.

• As per the District of Mission Tree Retention/Replanting Policy, each of these trees willneed to be replanted in addition to the planting of 2 trees per lot for a total of 30 trees.

• The Tree Retention and Replanting Plan will be finalized at the subdivision stage along withthe collection of any required securities.

FILE: PRO.DEV.ZON PAGE 5 OF 16R11-016/611-012

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Street Naming (Policy STR. 28 Street Naming)

• As shown on the proposed draft plan of subdivision (see Appendix 7), the applicant isproposing to construct a cul-de-sac road off of Kenny Avenue in order to provide access toLots 6, 7 and 8 and will also provide access for any new lots created on the property to thewest (should these landowners choose to subdivide their properties).

• The proposed name of this cul de sac road is Conley Terrace. The street is named inmemory of Sarah Conley who was a pioneer and farmer in Mission. The following points arefrom an excerpt from the Street Naming Policy (STR.28) and provide a brief history of thefamily:

o In 1888, Sarah Elizabeth and Thomas Conley began working their farm of 160 acres.They had three children, but Thomas died .3 years after arriving to the farm.

o Sarah remarried Tom Law and had 3 more children.

o Sarah was the first white woman to live in the district between Silvercreek and Whonnok

o Sarah became a charter member of the Fraser Valley Milk Producers Association andshe was a postmistress at Silverdale Post Office in 1892.

o Sarah's oldest son Edward and wife Tina eventually took over the farm.

o Sarah died in 1948 along with her husband Tom Law and son Edward. Edward's sonand wife Daisy took over the farm.

• As per the Street Naming Policy (STR.28), this new road shall be classified as a Terracesince it will be a cul de sac road that runs north-to-south.

Parks and Trails (Section 941 of the Local Government Act, Parks and Trails Master Plan)

• The Mission Sports Park is located within close proximity to the site and will offerrecreational and open space opportunities for residents of this site.

• The application was referred to the District's Park and Recreation Department for commentand that have indicated that they would like to receive cash-in-lieu of parkland for futurepark development within the District of Mission (see attached — Appendix 6)

Communication Strategy

• Bylaw 3612-2003 Land Use Application Procedures and Fees (Excerpt below)

Notice of Public Hearing

As per Land Use Application Procedures and Fees Bylaw, a notice of the Public Hearingwill be sent to the owners as shown on the assessment roll as of the date of thisapplication, and to the occupiers of all parcels any part of which is within a distance of 152metres of the subject property.

FILE: PRO.DEV.ZON PAGE 6 OF 16R11-016/S11-012

9

• LAN. 50 Pre-Public hearing Information Packages

Information packages for all public hearings will include copies of any developmentapplication and related documents and reports, as well as copies of all documents that havebeen provided to council in respect of the application and public hearing. A copy of thepublic hearing packages will be made available for public viewing at the District of MissionPlanning Department at 8645 Stave Lake Street, Mission, BC from 8:00 AM to 4:30 PM.

Referrals

Engineering:

• The Engineering Department has no objection to the project subject to the completion ofengineering servicing requirements as outlined in Appendix 5.

Fire Department

• Municipal water will be available off of Kenney Avenue and Bench Avenue as outlined in theEngineering Comments (Appendix 5). Hence, the fire department has no objections to thisapplication.

Parks and Recreation:

• The Parks and Recreation department has no object to the project provided the applicantprovides cash-in-lieu of parkland as outlined in Appendix 6.

Requirements Prior to Adoption of the Zone Amending Bylaw

• Receipt of the Community Amenity contribution in the amount of $22,520.00.

• Engineering requirements as outlined in Appendix 5 of this report for a secured developmentagreement prior to final adoption of the Zoning Bylaw Amendment.

• Any other items that Council may require resulting from the Public Hearing or Councilconsideration of the application.

_gunriaJzov.6... Rupin•er Basi, MCIP Sharon Fletcher, MCIPPlanner

Director of Planning

FILE: PRO.DEV.ZON PAGE 7 OF 16R11-016/S11-012

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INFORMATION ATTACHED TO THIS REPORT

Appendix 1 — Information for City ClerkAppendix 2 — OCP MapAppendix 3 — Zoning MapAppendix 4 — Tree Retention MapAppendix 5 — Engineering CommentsAppendix 6 — Parks and Recreation CommentsAppendix 7 — Draft Plan of Subdivision

GACOMDEV \ PINDER \ Development Applications \2011)R11-016 (Gill) - 31712 Bench Avenue \R11-016R11-016 (Roger Gill) - 31712 Bench Avenue - COW Report.docx

FILE: PRO.DEV.ZON PAGE 8 OF 16R11-016/S11-012

1 1

Appendix 1 Information for City Clerk

Location: 31712 Bench Avenue

PID: 008-873-704

Legal: Lot 2 Except: Parcel "A" (Explanatory Plan 23471), Section 30, Township 17,New Westminster District Plan 20599

12

FILE: PRO.DEV.ZON PAGE 9 OF 16R11-016/S11-012

SUBJECT PROPERTYatialp

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Appendix 2

OCP

13

FILE: PRO.DEV.ZON

PAGE 10 OF 16R11-016/S11-012

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ZONING

FILE: PRO.DEV.ZON PAGE 11 OF 16R11-016/S11-012

14

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15

FILE: PRO.DEV.ZON

PAGE 12 OF 16R11-016/S11-012

Appendix 5 Engineering Comments

July 22, 2011 REZONING FILE: R011-016

CIVIC ADDRESS: 31712 Bench Avenue

1. DOMESTIC WATER REQUIREMENTS:

Bench Avenue

Municipal water available on Bench Avenue, no further upgrading is required. Latecomersfees are applicable.

Kenney Avenue

Municipal water is available on the eastern portion of the Kenney Ave frontage. Municipalwater will be available on the western portion of the Kenny Ave frontage when subdivisionS08-008 has been completed and the works have been accepted by the District of Mission.No further upgrading is required.

2. SANITARY SEWER REQUIREMENTS:

No municipal sanitary sewer available.

3. STORM SEWER REQUIREMENTS:

Bench Avenue

Storm sewer is not available on Bench Avenue. Developer to volunteer to contribute hisshare of the cost of installing a storm sewer to Nelson St for road drainage purposes.Developer's engineer to provide construction estimate for this work. Because BenchAvenue cannot be physically widened until this storm sewer is in place, the contributionmust include the cost of half road upgrading along the frontage of the property as well - seecomments for road works.

Kenney Avenue

Municipal storm sewer is available on the eastern portion of the Kenney Ave frontage.Municipal storm sewer will be available on the western portion of the Kenny Ave frontagewhen subdivision S08-008 has been completed and the works have been accepted by theDistrict of Mission. No further upgrading is required.

FILE: PRO.DEV.ZON PAGE 13 OF 16R11-016/S11-012

16

4. ROAD WORK REQUIREMENTS:

Bench Avenue

Bench Avenue provides paved rural standard access to the northern frontage of the site.Developer to volunteer to contribute money in lieu of upgrading Bench Avenue to a Half(1/2)Urban Local Residential complete with road drainage — see comments for storm drainage.

Kenney Avenue

Kenney Avenue to be constructed to a Half(1/2) Urban Local Residential Standard completewith road drainage, sidewalk, underground hydro and telephone, street lighting andboulevard trees in accordance with the standards of the Subdivision Control Bylaw. SeeDistrict of Mission Standard Drawings No. R-3. Engineered design required.

5.FEES:

To be determined.

Recommendation:

The Developer is to volunteer to make the necessary contributions towards off-site works. Froman Engineering point of view the rezoning may proceed to third reading. A secured developmentagreement must be in place prior to adoption of the zoning amendment bylaw.

17

FILE: PRO.DEV.ZON PAGE 14 OF 16R11-016/S11-012

Appendix 6Parks and Recreation Comments

DISTRICT OF MISSION PARKS. RECREATION & CULTURE DEPARTMENT COMMENTS

Referral Date: September 26, 2011

Subject Property: 31712 Bench Avenue

Legal Description: Parcel Identifier: 008-873-704 Lot 2 Except: Parcel "A" (ExplanatoryPlan 23471), Section 30 Township 17 New Westminster District Plan 20599

File Number: PRO.DEV.SUB S11-012

# of Proposed Lots: 8

Please provide your written comments within 1 month from the referral date (ie. October26, 2011) to Pinder Basi, Planner, via return email or inter-office mail.

18

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FILE: PRO.DEV.ZON PAGE 15 OF 16

R11-016/S11-012

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Appendix 7Draft Plan of Subdivision

DRAFT PLAN OF SUBDIIISION OF LOT 2 EXCEPT: PARCEL "A" (EXPLANATORY PLAN 23471)SEC 30 TP 17 NEW WESTMINSTER DISTRICT PLAN 20599

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FILE: PRO.DEV.ZONR11-016/S11-012

PAGE 16 OF 16

19

M OISTRICT OF

ON THE FRASERPLANNING DEPARTMENT

FILE: PRO.DEV.ZONR11-016

February 15, 2012

Dear Owner/Occupant:

Re: Public Hearing Notification for Rezoning Application R11.016 (Gill) — 31712 BenchAvenue

As a neighbouring resident or property owner to the subject property located at 31712 BenchAvenue, you are invited to attend the Public Hearing and make known any comments that youmay have.

Reference should be made to the enclosed Public Hearing notice for more specific informationregarding the proposal. Details of the Public Hearing time and location are stated at the top ofthe Public Hearing notice.

Additional information may be obtained by contacting the District of Mission PlanningDepartment at (604) 820-3748.

Yours truly

Sharon FletcherDIRECTOR OF PLANNING

End.

G:NCOMDE \APUBLIC HEARINGS & PUBLIC INPUT WIGS\ PUBLIC HEARING NOTIFICATION LETTERS)R11-016 (GILL) NOTN OWN OCC.DOCX

20

P.O. Box 20, 8645 Stave Lake Street, Mission, B.C. V2V 4L9Phone ( 604 ) 820-3748 Fax ( 604 ) 826-7951 & ( 604) 820-3715 Web Site: www.mission.ca E-mail:

planning@mission.ca