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Minutes of a Public Hearing held September 18, 2006, at 7:00 p.m. in the Matsqui Centennial Auditorium

Council Present: Mayor G. Ferguson; and Councillors B. Beck, C. Caldwell, S. Gibson, M. Gill, L. Harris, D. Loewen and J. Smith

Staff Present: City Manager - G. Guthrie; Director, Corporate Planning - D. Bottrill; City Clerk - B. Flitton; Senior Planners - R. Brennan and W. Gordon and Committee Secretary - R. Brar

Media Present: Abbotsford News and Shaw Communications Inc.

Public Present: 35±

Mayor Ferguson called the hearing to order at 7:00 p.m., and outlined the procedures to be followed.

1. Bylaw No. 1585-2006, Z.A. No. 481 and DVP No. 1513; Hillwood Ventures Limited Partnership, 35470 McKee Road; Rezones from RR3 to RS5 and C3 (3360-201R06-0 1 0) (3020-201D06-032)

If Bylaw No. 1585-2006 is approved, the applicant proposes to develop a 19 lot detached housing strata project and a future commercial complex. If Development Variance Permit No. 1513 is approved, the applicant proposes to vary minimum depth provisions for seventeen proposed lots from 32 metres to 30 metres. Correspondence dated September 13, 2006, from R. Oates, raising concerns regarding the proposed bylaw, is attached to and forms part of these minutes. Correspondence dated September 18, 2006, from G.M. Murray, School District No, 34 (Abbotsford) and a background report, from B. Walsh, is attached to and forms part of these minutes.

J. McNeil, 3543 Moneshee Street, asked question regarding how the development would affect Prince Charles Elementary School; and suggested a crosswalk is needed.

B. Walsh, 3656 Forest Oak Court, spoke to his report and survey dated September 18, 2006, regarding the McKee Heritage Rhododendron Grove, which is attached to and forms part of these minutes

E. Fisher, 35460 Strathcona Court, raised concerns regarding the close proximity of the development to the elementary school and safety of the children.

J. Ellis, Hillwood Ventures Inc., responded to questions raised by previous speakers regarding the proposed bylaw; and suggested the application be looked at on its own merit.

0004t8

Minutes of a Public Hearing held September 18, 2006, at 7:00 p.m. in the Matsqui Centennial Auditorium Page 2

C. Noftle, Focus Architecture Ltd., supported the proposed bylaw because he agreed with the points made by the applicant.

There were no further comments or questions.

2. Bylaw No. 1584-2006, Z.A. No. 480; Red Valley Enterprises Ltd., 33760 King Road; Rezones from II to C3 and a Text Amendment to the Liquor Primary Licences, Licensee Retail Store Use, Tourist Accommodation and Entertainment Zone (CTE) and Neighbourhood Pub Zone (CNP) (3360-201R06-026)

If the OCP amendment and Zoning Bylaw amendment are approved the applicant intends to relocate the existing Liquor Primary Licenses from 34392 Industrial Road and 1515 College Drive, with a combined total seating capacity of 401 seats, to 33760 King Road. A text amendment to the CNP and CTE zones and Liquor Primary Licenses and Licensee Retail Uses will prohibit a Liquor Primary Licence or Licensee Retail Store Use at 34392 Industrial Road and 1515 College Drive. Correspondence dated September 13, 2006, from T. Friesen and L. Uhrich; dated September 14, 2006, from C. Carlson, M. Kosak and C. Noftle; dated September 15, 2006, from W. Neufeld and J. Harnett; dated September 17, 2006, from P. and G. McWhinney; received September 18, 2006, from R. Friesen; supporting the proposed bylaw, is attached to and forms part of these minutes. Correspondence dated September 15,2006, from Baker Newby legal counsel for Sanantone Hotel Ltd.; and received September 18, 2006, from J. G. Homer and M. Doors, opposing the proposed bylaw, and is attached to and forms part of these minutes.

M. Brandt, 33272 Hawthorne Avenue, opposed the proposed bylaw because of increased noise and traffic; and the development is located too close to senior's facilities.

D. Fenton, 766-250 H Street Blaine W A, supported the proposed bylaw and indicated that it would be a decrease in traffic and noise. He also stated there will be 24 hour security, sound proofing and a first class facility.

G. Lynds, 306-33728 King Road, opposed the proposed bylaw because it would cause an increase in noise, traffic and violence in the area. She also implied that patrons of the pub would cut through the adjoining complex.

F. Esposito, 1515 College Drive, was in favour of the proposed bylaw because it will be a first class establishment and they will provide 24 hour security.

D. Lindholm, 111-33728 King Road, suggested the pub should be built at the original location.

OD04t9

Minutes of a Public Hearing held September 18, 2006, at 7:00 p.m. in the Matsqui Centennial Auditorium Page 3

G. Dickenson, 35376 Eagle Mountain Road, supported the proposed bylaw because the area needs a neighbourhood pub establishment.

B. Haines, 208-33728 King Road, raised concerns regarding the proposed bylaw because noise, traffic, safety and the patrons misuse of private property.

M. Everett, 311-33728 King Road, opposed the proposed bylaw because of security issues, increased traffic and the patrons ofthe pub misusing private property.

C. Carlson, 212-33738 King Road, was in favour of the proposed development.

A. Kraus, 1450 McCallum Road, suggested if the bylaw is passed that Council should consider redirecting traffic on Gillis Avenue.

J. Taylor, 312-33738 King Road, opposed the proposed bylaw because of traffic concerns, increase in noise and garbage, and he would lose the view and have a decrease in property value.

D. Robinson, 2-4001 Old Clayburn Road, supported the proposed bylaw because it would be a worthwhile business that would create jobs, increase tax revenue and indicates to the business community that Abbotsford is open for business.

There were no further comments or questions.

3. Termination

Moved by Councillor Gill, seconded by Councillor Beck, that the Public Hearing terminate. (8:22 p.m.)

CARRIED.

Certified Correct:

Director Corporate Planning

and

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SEP 1 320~ 0 0 4 ~ 0

From: Robert Oates [mailto:rbrtts2976@yahoo.ca] Sent: Wednesday, September 13, 20065:41 AM To: Wayne Gordon Subject: McKee & Whatcom Road project

Good Morning Mr. Gordon: thanks for taking the time to explain the process to me regarding the upcoming Public Hearing. As I am unable to attend, I would ask that my comments be passed to the Mayor and Members of Council.

First off, I dont object to the land being used for housing, but I have a problem with the amount of traffic that will use McKee. For the past 14 years I have lived at the corner of McKee & Glenavon. The necessary upgrades on McKee (repaving) was done a few years ago with additional sidewalks ..

Each and everynight it seems that more and more traffic is using McKee to get to Augustine etc, or to take McKee Way thru to Old Clayburn.

What is put in place if anything to help minimize the amount of traffic. Ifthere is say 600 new homes, that equates to approx. 350 cars, never mind the commerical aspects that may come up. ie gas or convience stores etc ..

I am asking that Council re-consider the number of homes in this area, and that there is someway a different traffic pattern could be used or made. People living in this area will use McKee to get to the centre of Abbotsford, not go onto Whatcom Road then around ...

Thanks for reading my comments.

Robert Oates 2976 Glenavon Street Abbotsford, B.C. Daytime 604 520 1900 Nighttime 604 850 5682

PS>I know that Councilor Harris and the Chief of Police have discussed this issue on McKee, in relations to extra vehicles with new sub division ...

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ADMINISTRATION

SCHOOL DISTRICT NO. 34 (ABBOTSFORD) 2790 Tims Street, Abbotsford, B. C. V2T 4M7

Telephone: (604) 859-4891 Facsimile: (604) 852-8587 RECEIVED

CITY OF ABBOTSFORD

OUR STUDENTS _OUR FUTURE

September 18, 2006

His Worship Mayor George Ferguson and Council City of Abbotsford 32315 South Fraser Way Abbotsford, BC V2T lW7

Dear Mayor Ferguson and Council:

George M. Murray. eGA Secreta~-Treasurer

Re: Proposed Rezoning ApplicationlProposed Development Variance Permit Property Located at 35470 McKee Road

(File No. 3360-20/R06-010 and 3020-201D06-032)

On behalf of School District No. 34 (Abbotsford), I would like to thank you for the opportunity to provide comments on the above noted rezoning application. Mr. Jim Ellis, representing the proponent, approached the School District about this particular application.

As a part of his development process, Mr. Ellis scheduled and attended a meeting with the area residents which was held at Prince Charles Elementary School. At this meeting Mr. Ellis presented the plans and answered questions from the approximately fifty (50) people in attendance. The questions posed at this meeting related to concerns of the people in attendance regarding the concepts of traffic congestion/control, litter, the proximity of the development to the school and the potential for unauthorized people to come onto school grounds. It is our understanding that a representative of the Prince Charles Parent Advisory Committee will be in attendance at tonight's public hearing to address these concerns in person.

We would encourage City Council to listen to the parents concerns, as well as the other presentations made this evening, and make the best possible decision for both the City of Abbotsford and Prince Charles Elementary School.

GMM/ca

cc: Mr. Bob Mainman, Assistant Director - Facilities & Transportation Department

To: Mayor Ferguson and Abbotsford City Councilors Fm: Bill Walsh, Coordinator, Clayburn Creek Watershed Initiative

Re: Background Report for Sept 18th Council Meeting

The following report and survey form are forwarded to you in order to familiarize you with the presentation I will make at the public meeting. Our goal is to conserve the McKee Heritage Rhododendron Grove.

We trust that this report and presentation will stimulate the discussion and processes leading to protection in whole, or in part.

The report was sent to Boffo Construction Group Headquarters in June. The $25,000 offered by Boffo (Hillwood Ventures) to assist in moving the plants was one result of that report. While not insignificant, our hope is that Boffo would be open to discussions that would lead to a major property donation.

Clayburn Creek Watershed Initiative Rhododendron Survey Report

Introduction: The Clayburn Creek Watershed Initiative conservation group is working to ensure a balanced approach to development in the McKee Peak area. We aim to influence decision makers to consider and integrate natural, cultural, social, and historical factors into development plans. Our core principle is that of respect: respect for all living things, and respect for past, present and future generations.

Project Background: One of the first signs that spring has arrived in the McKee Highlands is the rhododendron bloom of Dr. McKee's heritage garden on the South East comer of McKee and Whatcom Roads (see map attachment). Dr. Charles McKee purchased his farm in the Abbotsford Highlands in 1912. While serving in the First World War as a medical officer, he met George Forrest who was one of the earliest plant explorer's to Asia. After the war he returned to Vancouver, set up his medical practice, and began to import seedlings from Scotland. He grew the seedlings in his garden, and then transported them to the Abbotsford property starting in 1921. The majestic plants in our midst - some of which are now over 80 years old - thus trace their roots back to Vancouver, the Edinborough Royal Horticultural Gardens and Asia. At present, the garden area is designated commercial as part of the Highlands development. Our group is aiming to

000422

influence the owner and the Abbotsford City Council to preserve all, or part of the McKee Heritage Grove, as a cultural and natural legacy for the citizens of Abbotsford, and the Highlands community.

Project Methodology: In order to determine if there would be public support for such a plan, an opinion survey was crafted and distributed in the Highlands area. The survey is included as Annex A to this report. One hundred and twenty-three homes were visited: if the owners were home they were interviewed, if not the survey was left for the homeowner to take action. The project team has to date received sixty-three responses (for a response rate of ~ 51 %) in the form of personal survey returns, letters, phone calls and e-mails. The results are as follows:

Options Response # Response % Conservation/Preservation 48 76% Commercial Development 7 11%

The remaining 13% of responders did not know enough about the area to indicate their preference. Of those who want to conserve the heritage grove, twice as many people want to keep the grove as natural as possible, rather than see major improvements. Most conservationists see a mixed-use development of commercial and conservation as a 'fall back position'. One lady actually called and stated that she would like to operate a 'Tea House' at the Heritage Grove!

Discussion: Although this is a small sample of area residents, both the return rate (51 %), and the conservation support results (76%), are significant. Moreover, there was very strong support for conservation in evidence in the many e-mails and letters that were received.

One of the most interesting outcomes of this initial research was a phone call from Dr. Jim Marcellus of Mission. Dr. Marcellus met Dr. McKee many years ago, and learned about rhododendrons from him. Dr. Marcellus maintains a significant rhododendron garden in Mission, and is very interested in assisting in the establishment of a permanent garden in the Highlands.

0004i.!3

Conclusion: A survey of area residents has been conducted in order to assist City Council, the owner, and other stakeholders to determine the future of the subject property. We believe that the results indicate strong public support for conservation.

Dr. McKee's rhododendron grove presents an outstanding opportunity for the owner and the City of Abbotsford to establish in perpetuity an area of unique cultural, natural and historical significance. The Clayburn Creek Watershed Initiative project team trusts that this report will facilitate future meetings and action that will lead to a lasting legacy for the citizens of this city.

Bill Walsh

Clayburn Creek Watershed Initiative

Distribution List:

Mayor George Ferguson Boffo Construction Group Inc Abbotsford City Councillors Abbotsford Land Trust

Annex A: Survey Form attached.

CLAYBURN CREEK WATERSHED INITIATIVE OPINION SURVEY

INTRODUCTION: The Clayburn Creek Watershed Initiative conservation group is working to ensure a balanced approach to development in the McKee Peak, Auguston, Highlands, and Sandy Hill areas. We aim to influence decision makers to consider and integrate natural, cultural, social, and historical factors into development plans. Our core principle is that of respect: respect for all living things, and respect for past, present and future generations.

OO[)4l!5 DR. McKEE'S RHODODENDRONS: One of the first signs that spring is around the comer, is the rhododendron heritage garden on the South East comer of McKee and Whatcom Roads (see map next page). If you observe closely you will see that the 'rhodos' are already blooming. Dr. Charles McKee purchased his farm in Abbotsford in 1912. While serving in the First World War as a medical officer, he met George Forrest who was one of the earliest plant explorers to Asia. Dr. Mckee raised his young rhododendron plants in his Vancouver greenhouse from seeds provided by George Forrest, and then transported them to the Abbotsford property. The majestic plants in our midst - some of which are now over 80 years old - thus trace their roots back to Vancouver, the Edinborough Royal Horticultural Gardens, and Asia.

THE OPPORTUNITY: At present, this area is owned by Boffo Construction Group, and the area is designated commercial as part of the Highlands development. Our group is aiming to influence the owner and local decision makers to preserve all, or part of the McKee heritage grove, as a cultural and natural legacy for the enjoyment of the Highlands community.

WHAT YOU CAN DO TO HELP: Visit the heritage grove and:

1. Complete the attached opinion survey on line via the web site of our affiliated organization - the Abbotsford Land Trust - at www.abbotsfordlandtrust.ca;

2. Or, complete the attached survey and drop it in the survey box at 3656 Forest Oaks Court in Ledgeview Estates; or

3. Call Bill Walsh at 604-859-1300 and inform him of your opInIon.

OOO~t~ 6

SURVEY QUESTIONS: (Please answer the following questions with either a Yes or a No, or provide a short comment)

1. Is it important to you and your family that we work towards protecting the heritage grove?

2. If this area can be protected please indicate what option you prefer:

Option A: as natural as possible i.e. improved trail access and limited signage only?

Option B: a small park with access trails, picnic tables, signage, and perhaps other amenities?

3. The City may not be able to preserve the entire South East comer because the land is valuable. The next best option would be to save the oldest plants, and have a mixed-use park! commercial development.

Option C: the oldest grove is preserved, and a few shops within walking distance of area residents are developed, for example a convenience store, coffee shop, teahouse, or bakery. What would you think of this option, if Option A or B are not possible?

0004~7

COMMENTS: Please add any additional COlnments below. The survey results will be forwarded to the owner of the property, and to the appropriate City of Abbotsford stakeholders. If you would like to become more involved please contact your local watershed stewardship coordinator, Bill Walsh at 604-859-1300, or indicate your contact details on this form.

THANK YOU FOR MAKING A DIFFERENCE IN YOUR COMMUNITY.

September 13, 2006

Mayor and Council City of Abbotsford 32315 South Fraser Way Abbotsford, British Columbia

Dear Mayor Ferguson,

PI 0 fYI J/V - ; --+-j ---{}-g..{) 4 .~~ 8 f1-'~Q:r1

Dcvc!opn;;;,'iZ Services

I have been a resident of King Crescent since 1992 and give my full support to the Esposito Group in their re-development of Finnigan's, the development of Phoenix as well as a Licensee Retail Store at 33760 King Road.

Yours truly,

" ~~Q.MI\~ --=-- -Terry Friesen

1627 King Crescent Abbotsford, BC V2S 7M7

From: Lee Uhrich [Iee.paivi@shaw.ca]

Sent: Wednesday, September 13, 2006 7:48 PM

To: _Info - General

Subject: re-zoning of 33760 king rd

To Mayor and city council of the city of Abbotsford

Reguarding the rezoning of 33760 King RD. Abbotsford B.C. We at Jarz Performance LTD are located across the street from the former Finnegans pub unanimously support the Espositos proposal for two liquor primary establishments and a licensee retail store located at 33760 King RD.

We feel that a pub with its resturant will be a positive addition that will inprove the quality of life for area residents and buisness alike.

During the ten years that we operated next to Finnegans pub we never felt any negative impact and feel the rebuilding of finnegans is long overdue.

Lee Uhrich Owner of Jarz Performance LTD unit # 105, 33800 King RD Abbotsford B.C.

911412006

From: Sent: ~o:

Subject:

Craig Carlson [craigcarlson11@hotmail.com] Thursday, September 14, 2006 7:24 PM _Info - General rezoning of 33760 King Road, to be read into the minutes for September 18th,2006

Your honorable Mayor and Council, my name is Craig Carlson and I reside at #212-33738 King Road Abbotsford, BC. I am writing to all of you to inform you on the issues regarding the rezoning of 33760 King Road into a retail store and restaurants facing College Drive.

I am in favour of this application being approved, because out of everyone who is writing to you regarding this issue, I am part of the groups of residences that could be affected. (College Park Place) I have three points to speak of they are as follows:

1) I feel the opening of the private liquor store will be beneficial to those who live around the rezoning project. The Esposito Group is adamant about asking for identification regarding the purchasing of alcohol, because a lot of other establishments don't care about the safety of our underage minors drinking alcohol.

2) The restaurant and lounge is going to be great, in being able to bring an exciting menu to myself and customers who otherwise are to tired on certain days to cook meals to eat. The enjoyment of being able to have a drink and walk home would be very beneficial for some individuals.

3) I have no malice or threat of another incident of arson to the building. ~s I would have my corner unit facing the rezoning project I would feel the chreat, but the police have assured us the citizens of Abbotsford several major arrests have been made regarding the passed arsons, previous Finnegan's restaurant, and there is no risk to the public. As the papers have written.

In closing I wish the application is passed in order for myself, family and friends to be able to enjoy each others company in the safety of the restaurant.

Thank You for your time.

Sincerely,

Craig Carlson

1

CASCADES ATHLETICS

September 14, 2006

Mayor & Council, City of Abbotsford, 32315 South Fraser Way, Abbotsford, BC V2T lW7

Re: Support for the rezoning of 33760 King Road to accommodate two liquor primary licences­Finnegan's Pub & Grill and Phoenix Restaurant.

Dear Mr. Mayor and Abbotsford City Council:

I would like to express my support for the application being put forward by The Esposito Group to rezone their property for two liquor primary establishments (Finnegan's & Phoenix) and a Licensee Retail Store (private liquor store) to be located at 33760 King Road, Abbotsford, B.C.

Since the loss of Finnegan's Pub and Grill as the result ofthe fire, there has been a shortage of quality eating and drinking establishments for the students, staff and faculty ofUCFV who spent a significant amount of time in this area. The reconstmction of Finnegan's and the introduction of Phoenix will prove to be an asset to the area surrounding UCFV and indeed to the City of Abbotsford.

The Esposito Group has been a supporter ofUCFV Athletics in the past and we anticipate that this support will resume in the future once these neighboring business establishments being operations.

Respectfully,

Mark B. Kosak Director of Athletics

Abbotsford Campus 33844 King Road Abbotsford, B.C. V2S 7M8 604-504-7441

Chilliwack Campus 45635 Yale Road Chilliwack B.C. V2P 6T4 604-792-2388

Mission Campus 33700 Prentis Ave. Mission, B.C. V2V 7B1 604-820-6000

Hope Campus 345 Raab St. Hope, B.C. VOX 1L4 604-860-9991

Agassiz Campus Box 69, 7110 Cheam Ave. Agassiz, B.C. VOM 1AO 604-796-9496

000431

September 14, 2006

Mayor & Council City of Abbotsford 32315 South Fraser Way Abbotsford, BC V2T 1 W7

ADMi\lr '") TRATION

S~ r' 1 4 2006

, ~·.:,-:,:iVED CITY OF .~8BOTSFORD

FOCUS ARCHITECTURE INCORPORATED

We are pleased to provide this letter of support for Paul Esposito's plan to rezone and develop his lands at 33760 King Road in Abbotsford. This neighbourhood has sorely missed the presence of Mr. Esposito's hospitality business. The application for a new restaurant/pub and private liquor store will go a long way to restoring this aspect of the business community in this area.

Yours very truly, FOCUS Architecture Incorporated

=-@ 3-

Carson G.A. Noftle, ASc T, RBD

Enc.

CN:aml

Colin A. Hogan MAIBC Jarmie J. Kauppila MAIBC, MRAIC Dave Boswell AScT, RBD Jeremy K. Noftle CTech Carson G.A. Noftle AScT, RBD

109 - 1528 McCallum Road Abbotsford, BC V2S8A3

Tel: 604.853.5222 Fax: 604.853.5442

i nfo@focusarchitecture.com

September 15,2006

Mayor & Council City of Abbotsford 32315 S. Fraserway Abbotsford, BC V2T 1 W7

RE: To be Read into the minutes for September 18,2006 Public Hearing regarding the rezoning of 33760 King Rd, Abbotsford, BC

This letter is in support of the rezoning of the property at 33760 King Rd, Abbotsford, BC to accommodate two liquor primary establishments (Finnegan's & Phoenix) and a Licensee Retail Store (private liquor store).

We need this type of establishment as we no longer have a place to go close by for lunch meetings or after work get togethers. Finnegan's is very much missed in our City by the many people who frequented that establishment for lunch, dinner, and get togethers with friends.

I would strongly support this rezoning application.

Sincerely,

;)if'U~6 Wendy Neufeld Co-operators Insurance Agencies . 101-1520 McCallum Rd Abbotsford, BC V2S 8A3

000 4 ~l3

September 15, 2006

Mayor & Council City of Abbotsford 32315 South Fraser Way Abbotsford, BC V2T lW7

True Service. AOrni{,j V fZ~kvf

fi(e.. I

-~)~:'J;'db~meIit :StJh': ·i~es-

Re: To be Read into the Minutes for September 18,2006 Public Hearing regarding the rezoning of 33760 King Road, Abbotsford, Be

Please accept this letter as indication of our support for two liquor primary establishments, Finnegan ' s and Phoenix, and a Licensee Retail Store (private liquor store) to be located at 33760 King Road, Abbotsford, BC as proposed by The Esposito Group.

As previous neighbours to Filmegan's and King's Crossing, we enjoyed a professional and beneficial relationship. We frequently used the services of both businesses for social functions as well as meeting purposes. Every interaction we've had with these establishments, including their staff and management, has been excellent. Not once were we ever inconvenienced by the prior facility.

Since it's demise, it has been missed and has left a void in Abbotsford _ We believe the proposal named above would be a welcome and valuable addition to the Abbotsford community.

Sincerely,

Jay Harnett Manager, Kal Tire Abbotsford 975 Coutts Way Abbotsford, BC V2S 7M2 Tel: 604-853-5981

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00U434

From: Gillian McWhinney [patrick_mcwhinney@telus.net]

Sent: Sunday, September 17, 2006 10:53 PM

To: Info - General

Subject: Finnegan's

Attention Mayor and Council

Our names are Pat and Gillian McWhinney 33147 Edgewood Ave Abbotsford, BC V2S 8B4

Page 1 of I

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Please COlmt us as supporters of the re-zoning proposal by the Esposito family to re-develop their business at 33760 King Road to accommodate two liquor primary licences, (Finnegan's Pub & Grill and a lounge & grill called Phoenix), and a Licensee retail store (private liquor store). We enjoyed having dinners at Finnegan's for many years and we support the Espositos who have proven themselves to be excellent corporate citizens. Even since the destruction of their previous businesses, they have continued to support the community, charities and sports teams. The loss of Finnegan's and Wild Bills has created a lack of respectable facilities where friends can meet for food, drinks and entertainment. We desperately need to replace them, as there are few decent establishments in town. The proposed location is not only convenient for ourselves and our neighbours, but for all the residents on the south side of the freeway where there is a definite lack of facilities.

Sincerely

Pat and Gillian McWhinney 604-859-6544

911812006

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To the Mayor and Council of the City of Abbotsford,

Re: The rezoning of 33760 King Road, Abbotsford, S.c.

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I am in favor of approving the application for rezoning at this location for the following reasons:

1. A need for more food & beverage establishments in Abbotsford. With a flourishing economy, many gainfully employed families find themselves with less time than money and are now looking for more dining options.

2. An expanding university will need part-time employment opportunities close by.

3. This area of Abbotsford is set for expansion and in desperate need of upgrading. The proposed buildings will give King Road the face lift it needs and attract new business to the site.

All this together creates the "Snow Ball Effect" of economic growth we all are working towards.

If I wasn't coaching hockey during this public hearing, I would be in attendance with a strong voice. I hope you will see your way clear (in my absence) to approving this rezoning application. It will be saying yes to a better Abbotsford in the future.

Sincerely, .. -----:::;> /" --- ~ /,'/ ~~-!(;Vv- ( ~

Ryan Friesen CPGA

Total Golf Inc. Distributor of AboutGoif and Flightscope products

7B-31550 South Fraser Way Abbotsford, British Columbia V2T 4C6 604-557-0005 www.totalgolfcanada.com

W. Maxwell R.. Newby Dayld M. Renwick Trc:vin B. Roget1 Todd C.Harvey LisA M. Grewal lobJl P.C. Miller

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BAKER NEWBY LLP

James D. Balcet. Q.C. Laurence R. Stinson W. Martin Pinch Mnan N. Habib Corey 1. Dreveny. Cristen L. Gleeson Karc S. Blokmanfs 1ason R, Filek

J. Luke Zadlarla.9 Mcghan J. Selinger

ESlabIished 1937 AlIsociatc Counscb William H. Dayles. Q,C. _____ LAWYERS ________________ ~D'_'. B""W=-:tAd=a..Ir ...... -""O:..:o,Co:.:.,. __________ _

Reply to: A<iruUl N. R8mb Our Flle.No. 37804-1 E-Mail Addrea: ahabib@bakemewby.C(lm

SENT VIA FAX

City of Abbotsford 32315 South Fraser Way Abbo~ford Be V2T 1 W7

Attention: Robert Brennan

Dear Sir:

Re: Re-Zoning Application for Property Located at 33760 King Road. Abbotsford. British Columbia

We are legal counsel for Sanantone Hotel Ltd. operating as Park hm Beer and Wine Store, Fraser Valley fun Ltd. and Diane Gail Holdings Ltd. & E. & M. Estates operating as Highwayman Pub & Beer & Wine Store.

We noted in Report No. DEV056-2006 that the City has at first reading approved the following:

3. The p1'operties located at 1515 College Drive and 33790 King Road are the only properties in the City zoned Tourist Accommodation and Entertainment Zone (CTE). As part of this rezoning application the text amendment to the zoning bylaw will ensure that the Liquor Primary License component of the eTE zone properties is relocated to 33760 King Road only. No new Liquor Primary License facility could apply for a location in the CTE zone without a rezoning application which includes a referendum.

4, The applicant is also requesting consideration fOf a possible Licensee Retail Store at 33760 King Road. As part of this rezoning application the text amendment to the zoning bylaw will permit a possible Licensee Retail Store at this location. However, no new Licensee Retail Store could apply for this location until the applicant obtains additional licenses from the Province for an additional Liquor Primary License and a Licensee Retail Store. A new Liquor Primary License could not be obtained Without a rezoning application which includes a referendum.

The end result appears to be that the City of Abbotsford. seems to be supportive of an artificial consolidation of two pub licenses into a 400 space complex and to make amendments to the current zoning to pennit a License Retail Store at the same location without first requiring the applicant to obtain approval from the Liquor Control and Licensing Branch.

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000438 Page 2 September IS, 2006

Our clients are of the view that actions of the City of Abbotsford are unlawful. The pwpose of this letter is to place you on a notice of our clients' intent to c ence legal proceedings,

ANHIsjd cc, client

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IltJO..l!llSS GLADWIN ROAD, AB1IOTSPORJ), DRn'I5Il COLUMIIIA VlT ST4 nLIf'IIONE: (GN~ ~ ''''CSIMJI:E, (604~1~

LOCATIONS IN. CIIIl1JWM:liI:. AIlIBOniJ1OllD WlB srtE: .crp:I"""'.b~. __

Toireasa Strong CMC. Municipal Clerk City Hall 32315 South Fraser Way Abbotsford, BC. V2T 1 W7

Dear Ms. Strong,

1626 McKenzie Road Abbotsford, BC, V2S 8J 6 September 15, 2006

000 4 ~~ 9 ~bJ-O(

We are unable to attend the public hearing on September 18 regarding the proposal to build a pubes) on King Road near the University College. Consequently we have written to the Liquor Control Board and take pleasure in enclosing a copy of our letter. We would appreciate it if you would include this in the submissions at the hearing.

Thank you for your kind attention.

Yours sincerely,

Judy and Geoff Homer

Manager Liquor Control and Licensing PO Box 929 Stn. Provo Govt. Victoria, BC, V8W 9J8

Dear Sir or Madam:

1626 McKenzie Road Abbotsford, BC, V2S 8J6 September 15, 2006

May we add our voices to the many who are opposed to the construction of a Pub at 33760 King Road in Abbotsford, Be.

Our chief concern is the additional traffic and noise late at night that will result from the opening ofa liquor outlet in our neighbourhood. We do not need to encourage people to dIink to excess and then drive, a problem with which the police do not have the resources to cope.

It is also a concern that this facility is close to the University College of the Fraser Valley, so will be just a little too convenient for those young people who will be tempted by such easy access.

I am sure you have heard all the arguments before, but that does not make the problems caused by neighbourhood pubs any less real.

Thank you for your kind attention.

Sincerely,

fo L/#&-t!4~~ ~~

Judy and Geoff Homer

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cc. Abbotsford City Council \ ~z.0 I,~\ c ~ er\ 'Z-l e eO\

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---- - Original Message- - ---From: mbdoors@gmail.com [mailto :mbdoors@gmail.com] Sent: Monday , September 18, 2006 5:2 3 PM To: CouncilMembers Subject: Contact Council

To: File # 3360-20/R06-026 Regarding 33760 King Rd. Lot 17 Section 10, Township 16. NWD Plan 62104

000441

I am writing in regards to the above hearing. I have lived in College Park Place for one year, and have had no problems with out of control bar patrons since I bought my home. This, I believe is because there is no bar next to my house. From my understanding this hearing is to re-establish a bar where the old King's Crossing and Finnigan's Pub was. It is known by many Abbotsford residents that the owner of the previous establishments noted, has been a target of many crimes . Though they are unfortunate, I believe they are deserved . It only seems possible that this business owner is involved with "bad people". Nobody has that much bad luck. I assume this same person is trying to build a new bar/pub, but I feel if "he" builds, he will Directly put me and my neighbors in danger of more crimes directed at him, or in the presence of organized crime.

"Mr. Esposito, Find a new city to taint and corrupt."

If not Mr.Esposito ... sorry, but who ever you are, find someplace else to go.

Matt - College Park Place Resident 33708 King Rd 6048537253