===~A ABBOTSFORD Report No. PDS148-2014 COUNCIL REPORT Executive Committee November 4, 2014 File No: 3360-20/R14-024 To: From: Subject: Mayor and Council Leah Irvine Land Use Contract Discharge application for the property located at 2785 Bourquin Crescent West (Owner: Richmond Holdings Ltd., Directors: G. Goodwyn and H. Goodwyn) RECOMMENDATIONS 1. THAT staff prepare and present a bylaw discharging Land Use Contract Numbers 100 and 241, from the subject property covered under application 3360-20/R14-024, in order to apply the zoning contained within Zoning Bylaw No. 2400-2014, City Centre Commercial Zone (C5), to the subject property; 2. THAT Bylaw No. 2370-2014, cited as "Land Use Contract Nos. 100 and 241, Discharge Bylaw, 2014" be given first and second readings at the next Regular Meeting of Council, and advanced to the December 15, 2014 Public Hearing; 3. THAT prior to the adoption of Bylaw No. 2370- 2014, cited as "Land Use Contract Nos. 100 and 241, Discharge Bylaw, 2014" that a 1.25 m road dedication is secured as outlined in Figure 3, as referenced in Report No. PDS148-2014; and 4. 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 Contracts (LUCs) Nos. 100 and 241, which restrict the uses on the site to service related commercial and some limited retail sales (see Section 4). The owner has indicated that he is finding it difficult to secure tenants that fit the specific restrictions of the LUC's and has therefore made an application to discharge the land use contracts from the title of the lands, which would allow the underlying zoning of City Centre Commercial Zone (C5) to be applied to the lands, rather than the LUCs. In turn, this will allow a wider range of commercial uses to be explored for the site, and according to the applicant will therefore appeal to a wider tenant base. BACKGROUND Applicant: G. Walker of RCG Group (Richmond Holdings Ltd.) Owners: Richmond Holdings Ltd., Directors: G. Goodwyn and H. Goodwyn Legal Description: Lot 44 Section 21 Township 16 NWD Plan 52309 Report No PDS_1_4_S--=2-=.. O_14_ _ __ _ __ __ _ _ __ _ _ _ _ _ __P_a.;:. g_e _2_0_f _4 Underlying Zoning : City Centre Commercial Zone (C5) OCP Designation: City Centre Site Area: 2671 m2 (0.65 acre) Description: The property is a corner lot with a one story commercial building. The primary access to the property is off of Ventura Avenue and off of Bourquin Crescent West with a secondary receiving access off of Ventura Avenue. There is an existing parking lot and mature landscaping. Surrounding Uses: N: S: E: W: Multi-family (zoned: Low Rise Apartment Residential (RML)) Ventura Avenue with commercial (zoned: City Centre Commercial (C5)) beyond; Bourquin Crescent West with commercial (zoned: City Centre Commercial (C5)) beyond; and Commercial business under Land Use Contracts No. 114 and 147. DISCUSSION Official Community Plan (OCP) 1. The OCP designates the property as City Centre. This category covers the core commercial and residential areas of the City and is intended to evolve as the most intensively urban part of the City. The underlying C5 Zone conforms to the OCP. 2. The subject lands are located within a Commercial 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 of commercial development, and create highly livable commercial areas. 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. Bill 17 Update 3. On May 29th , 2014 Bill 17: 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 LUCs must be terminated by June 30, 2024. Therefore, all municipalities that have LUC's within their jurisdiction must have a zone for each property regulated by a LUC by that time. Therefore, the subject application to discharge both LUCs 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 to mention a few. In the case of the L:\R 14\R 14-024\PDS148-2014.docx Report No. PDS 148-2014 Page 3 of 4 subject property there are two LUC's that control the development and operation of uses of the site (LUC 100 and 241, of the District of Matsqui). LUC 100 was established in 1975 for the purposes of creating a commercial subdivision and LUC 241 was established in 1978 to set out specific parameters for developing a service commercial complex. 5. Permitted uses set out in LUC 241 are limited to the following: a) the retail sale of building, camping , and garden supplies, beverages, confections, ice, tobacco, automobile parts and accessories, as well as automobiles, trucks, trailers, mobile homes, farm machinery and boats; b) drive-in cafes, recreation and entertainment facilities, and mortuaries; c) facilities to service, wash or repair automobiles, farm machinery and light trucks; d) veterinary clinics; and e) bus depots and bus charter services, subject to compliance with a statement of design capacity filed with the municipality. 6. The applicant has expressed frustration with achieving full and secure tenancies in the building due to the restrictions on the land use set out in the LUCs. The applicants letter of intent is attached as Attachment A. 7. In comparison to the underlying C5 Zone, the uses permitted under LUC 241 are restrictive and cumbersome to .interpret. The C5 Zone, which permits a greater variety of commercial uses (see Attachment B), would enable the owner to appeal to a broader tenant base. 8. Staff support the proposed discharge of LUCs 100 and 241 for the following reasons: • consistent with the OCP; • will enable the owner to secure a wider variety of tenants for the site; and • consistent with Provincial initiative - Bill 17. Works and Services Requirement 9. As the existing Bourquin Crescent West right-of-way is 20.0 m, the minimum road rightof-way width for an Urban Collector road is 22.5 m, therefore a 1.25 m road dedication is required (refer to Attachment C). 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. 2370-2014 cited as "Land Use Contract Nos. 100 and 241, Discharge Bylaw 2014" 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 L:\R 14\R14-024\PDS148-2014.docx _R_ep_o__ rt~0.PD~S~14~8_-2_0_1_ 4_______________________________________ Pa ~g~e_4__ of__ 4 copies of any feedback received. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper. SUBSTANTIATION OF RECOMMENDATION The proposal is consistent with the OCP land use designation and the Provincial Bill 17 initiative, therefore, staff recommend support for this request to discharge Land Use Contract Nos. 100 and 241 to allow the underlying zoning of C5 (City Centre Commercial Zone) to regulate the permitted uses of the property. d..eaJLU =:;::r repared by: Leah Irvine Planner Departmenfl=tead Approv~ Siri Bertelsen General Manager of Planning & Development Services Reviewed by: Darren Braun, MCIP, RPP Director of Development Planning Enclosures: Figure 1: Location (with Air Photo) Figure 2: Context Plan Figure 3: Required Road Dedication Attachment A: Attachment B: Attachment C: Attachment D: Applicant's Letter of Intent (dated: June 23,2014) Section 550 - City Centre Commercial Zone (C5), Abbotsford Zoning Bylaw 2014 Works & Services Report (dated: October 14,2014) Land Use Contract Discharge Bylaw No. 2370-2014 L:\R 14\R14-024\PDS148-2014.docx oco z o~ :::J >- SOUTH FRASER WAY c:i rr z ~ o A :5 (!) N FIGURE 1 LOCATION ADDRESS: APPLICANT: · """A 2785 Bourquin Crescent West RCG Group (Richmond Holdings Ltd.) Gordon Walker - contact ABBOTSFORD Planning and Development Services FILE NO. 3360-20/ R14-024 November 4,2014 FIGURE 1 LOCATION ADDRESS: APPLICANT: 2785 Bourquin Crescent West RCG Group (Richmond Holdings Ltd.) Gordon Walker - contact """'.A « ABBOTSFORD Planning and Development Services FILE NO. 3360-20/ R14-024 November 4,2014 FIGURE 2 CONTEXT PLAN ADDRESS: APPLICANT: 0- 2785 Bourquin Crescent West RCG Group (Richmond Holdings Ltd.) Gordon Walker - contact ~A ABBOTSFORD Planning and Development Services FILE NO. 3360-20/ R14-024 November 4,2014 FIGURE 3 REQUIRED ROAD DEDICATION ADDRESS : APPLICANT: • 2785 Bourquin Crescent West RCG Group (Richmond Holdings Ltd.) Gordon Walker - contact ~A ABBOTSFORD Planning and Development Services FILE NO. 3360-20 I R 14-024 November 4, 2014 Attachmen t A RCGGROUP June 23, 2014 CITY OF ABBOTSFORD - - - - 32J-1-S-South Fraser-Way- - - - . Abbotsford, BC V2T 1W7 Attention: Mr. Darren Braun Director of Development Planning AUG 06 2014 Dear Darren, RE: 2785 Bourquin Crescent West Lot 44 Section 21 Township 16 NWD Plan 52309 Discharge of Land Use Contracts No.100 and 241 • Planning & Development Services Department Further to our meeting June 4,2014, I write on behalf of our company Richmond Holdings Ltd., the registered owner of the above-captioned property, to respectfully request your consideration to discharge the two Land Use Contracts registered against the property and amend the zoning to City Centre Commercial Zone (C5). Historically, we've rarely had the building 100% occupied and even then, since 1999, for less than 5 years. We have had little success in finding tenants for the property given the limitations placed on the permitted uses under the LUCs for the property. For example, after having half the building vacant for a considerable time, in late 2000 we finally leased the building to two tenants. Unfortunately both tenants moved out in 2005. The building remained entirely vacant until March 2007 at which time it was leased to a single tenant - unfortunately that tenant went bankrupt in 2009. Since then we've not been able to lease the entire building. We have been forced to turn away a small grocery store use and a number of other retail tenancies as these uses were not permitted under the LUCs. The continuous need to lease and re-lease the property over the past 15 years has resulted in substantial operating costs to our company, including real estate commissions and inducements to the various tenants. At this writing, the building remains half vacant which results in our company forgoing $32,525.00 annually in maintenance and property tax cost recoveries. Please let me know what the next steps are so that we may commence an application to discharge the LUCs as soon as possible. Thank you very much for your consideration. Q~l/;diJjJjl{ Gordon Walker Director of Development Richmond Holdmgs Ltd. Cornett Holdings Ltd. 5831 Cedarbridge Way. Ricilmond. BC. Canada V6X 2/-\8 I Gilchrist Properties Ltd wlVvl.rcggroupcom I T 6042735732 I F 60/\ 2736474 Attachment B 550 - City Centre Commercial C5 Zone (C5) Intent: To accommodate a wide range of uses appropriate for the City Centre including retail, office, financial, service and residential uses in conjunction with commercial uses, in low-rise buildings up to six storeys 550.1 Permitted Uses Permitted Uses Table for C5 Zone Principal Uses .1 Animal Hospital .16 Indoor Recreation Facility .2 Apartment .17 Liquor Store .3 .4 Assembly Child Care Centre .18 Media Studio .19 Mobile Food Vendor .5 Civic Use .20 Non-Permanent Commercial .6 Coffee Shop .7 Commercial School .21 Off-Street Parking .22 Office .8 Community Service .23 Pub .9 Congregate Apartment .24 Personal Service Establishment Drive Through Restaurant .25 Pet Daycare Financial Institution Fitness Studio .26 Restaurant .27 Restricted Commercial Funeral Parlour Garden Centre .28 Retail .29 Shopping Centre Health Care Office .30 Tourist Accommodation .10 .11 .12 .13 .14 .15 Accessory Uses .31 Home Occupation - Levell 550.2 Site Specific Permitted Use n/a • ~A ABBOTSFORD 550 - City Centre Commercial Zone (C5) c SSO.3 Development Regulations Development Regulations Table for C5 Zone Column I Column II a. b. .1 Floor Space Ratio - 1. 75 Where underground parking is provided, density may be increased by the ratio of Density (maximum) underground parking to required off-street parking, to a maximum additional FSR of 1.0 .2 Minimum setbacks (front lot line) .3 Minimum setbacks (rear lot line) a. n/a a. .4 Minimum setbacks (interior side lot line) .5 Minimum setbacks (exterior side lot line) O.Om b. Storeys containing Residential uses -4.5 m Storeys not containing Residential uses3.0m, except O.Om where abutting a C or I zone a. O.Om .6 Height (maximum) a.• 21.3 m or 6 storeys, whichever is less .7 Lot coverage (maximum) a. 95% SSO.4 landscaping and Off-Street Parking Refer to sections 140 and 150 for requirements pertaining to landscaping and off-street parking. SSO.S Conditions of Use .1 An Apartment or Congregate Apartment use shall only be permitted when developed in conjunction with one or more principal use(s) . .2 A portion of any lot used for an Apartment or Congregate Apartment use shall be provided as common indoor or outdoor amenity area, in the amount of 2 3.0 m per dwelling unit, and shall not be located within the required setbacks. For the purposes of this section, common indoor or outdoor amenity area means an area or areas: a. b. c. available for all residents of the principal buildings; having no dimension less than 6.0 m or slope greater than 5%; and providing for pedestrian amenities, greenery, recreational space, and other leisure activities . .3 The ground floor of buildings in the C5 zone shall be designed to meet BC Building Code standards for commercial uses . .4 Home Occupation - Levell shall only be permitted within an Apartment unit. ·~A ABBOTSFORD 550 - City Centre Commercial Zone (C5) .5 An Apartment or Congregate Apartment shall have all entrances, exits and lobbies entirely separated from those that access all other uses . .6 A Restricted Commercial use shall be subject to the following conditions: a. b. c. .7 the use shall only take place in conjunction with a Shopping Centre; customer access to and from the premises housing the Restricted Commercial use shall be restricted to an enclosed pedestrian mall; and film viewers shall be placed in enclosed spaces within the premises housing 2 the Restricted Commercial use of not less than 28 m , with at least one side of the enclosure remaining open and unobstructed for a distance of 2.0 m measured vertically from the floor, and at least two other sides open for a distance of at least 75.0 cm measured in the same way . Unenclosed storage shall be permitted for a Garden Centre use, subject to the following regulations : a. b. c. d. e. .8 c not exceed 3.0 m in height; not be located within 3.0 m of an exterior lot line; 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; be limited to that part of a lot that is surfaced with asphalt paving, concrete or another dust free material; and not include storage of materials or goods likely to produce or give off dust or other particulate matter that may become wind-borne . An Off-Street Parking use shall not include parking for commercial vehicles. ~A • ABBOTSFORD Attachment C o., u'Y..h i ~ ," ABBOTSFORD DEVELOPMENT ENGINEERING DIVISION REZONING WORKS AND SERVICES REQUIREMENTS File No: R14-024 Planner: Leah Irvine, Planner Prepared By: Kim Fleming, Development Technologist 2 Approved By: Robert Cooke, Manager of Development Engineering Date: October 14, 2014 Applicant: Richmond Holdings Ltd. ~85 Development Property: Bourquin Crescent West Lot 44, section 21, Township 16, New Westminster District Plan 52309 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 Select Dev Tech in regard to this report and any other servicing matters relating to this application. Page 1 of 3 R14-024 ~.=e~."_ = 'V".6 ABBOTSFORD DEVELOPMENT ENGINEERING DIVISION -REQUIREMENTS Highways - Dedications and Rights-of-Ways The OCP designates this road as an Urban Collector Undivided which is required to be a minimum 22.5 m wide highway right-of-way. On Bourquin Crescent West a dedication of 1.25 m is required along the full frontage of the Lands from the north property line to the south property line. EXISTING CONDITIONS Highways (Rights-of-Way): Bourquin Crescent West is an existing 20.0 m wide right-of-way. The OCP designates this road as an Urban Collector road which is required to be a minimum 22.5 m wide highway right-ofway. Ventura Avenue is an existing 20.0 m wide right-of-way. The OCP designates this road as a Local road which is required to be a minimum 20.0 m wide highway right-of-way. Roadways: Bourquin Crescent West is constructed with a 12.0 m wide paved surface, Concrete curb and gutter, 1.50 m wide concrete sidewalk, storm sewer drainage, ornamental street lighting and underground power/telecommunications wiring. This road meets levels of works and services for roadways within the Urban Development Area Ventura Avenue is constructed with a 9.0 m wide paved surface, Concrete curb and gutter, 1.5 m wide concrete sidewalk, storm sewer drainage, ornamental street lighting and underground power/telecommunications wiring . This road meets levels of works and services for roadways within the Urban Development Area Drainage System: A 525 mm diameter concrete storm sewer exists on Bourquin Crescent West fronting the lands. A 300 mm diameter asbestos concrete storm sewer exists on Ventura Aveune fronting the lands. Sanitary Sewer System: A 200 mm diameter asbestos sanitary sewer main exists on Bourquin Crescent West fronting the lands. A 200 mm diameter asbestos concrete sanitary sewer main exists on Ventura Avenue fronting the lands. Water Distribution System: A 200 mm diameter ductile iron water main exists on Bourquin Crescent West fronting the lands. A 200 mm diameter ductile iron water main exists on Ventura Avenue fronting the lands. Page 2 of 3 R14-024 Os jtv"~ ,,~ f .• ABBOTSFORD DEVELOPMENT ENGINEERING DIVISION Street Lighting: Ornamental street lighting exists on Bourquin Crescent West fronting the lands. Ornamental street lighting exists on Ventura Avenue fronting the lands. Power/Telecommunications Wiring: The existing power/telecommunications wiring on Bourquin Crescent West fronting the lands is underground. The existing power/telecommunications wiring on Ventura Avenue fronting the lands is underground. Access: Access to the lands is currently from Bourquin Crescent West, and Ventura Avenue. Page 3 of 3 R14-024 Attachment 0 CITY OF ABBOTSFORD LAND USE CONTRACT NOS. 100 and 241, DISCHARGE BYLAW, 2014 Bylaw No. 2370-2014 . R14-024 WHEREAS Land Use Contract No. 100, authorized by By-law No. 1348, cited as "Land Use Contract By-law No. 89"; and Land Use Contract No. 241, authorized by By-law No. 1739, cited as "Land Use Contract By-law No. 235" (the "Land Use Contracts"), were lawfully entered into by the City; AND WHEREAS the Land Use Contract No. 100 was registered in the Land Title Office on December 18, 1975, under Filing Number L 107170; and Land Use Contract No. 241 was registered in the Land Title Office on December 22, 1978, under Filing Number P125933; AND WHEREAS the registered owners of the described property have applied to the City for permission to discharge the Land Use Contracts; The Council of the City of Abbotsford , in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No. 2370-2014 may be cited as "Land Use Contract Nos. 100 and 241, Discharge Bylaw, 2014". 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 Nos.1 00 and 241 registered against: P.I.D.: 004-994-736 LOT 44 SECTION 21 TOWNSHIP 16 NEW WESTMINSTER DISTRICT PLAN 52309 Located at: 2785 Bourquin Crescent West, per the attached Appendix "B". 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 ,20 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 - October 29, 2014 CITY OF ABBOTSFORD LAND USE CONTRACT NOS. 100 and 241, DISCHARGE BYLAW, 2014 Bylaw No. 2370-2014 Page 2 APPENDIX "A" THIS AGREEMENT made this _ _ _ _ _ _ _day of _ _ _ _ _ _ _ , 20 BETWEEN: . CITY OF ABBOTSFORD 32315 South Fraser Way, Abbotsford in the Province of British Columbia V2T 1W7; (the "City") OF THE FIRST PART AND: RICHMOND HOLDINGS LTD., INC.NO. 58528 5831 Cedarbridge Way, Richmond in the Province of British Columbia V6X 2A8; (the "Owners") OF THE SECOND PART WHEREAS: (A) The owners are the legal and beneficial owners of a certain parcel of land more particularly known and described as: P.I.D.: 004-994-736 LOT 44 SECTION 21 TOWNSHIP 16 NEW WESTMINSTER DISTRICT PLAN 52309 (B) The City is the registered owner of a certain charge known as Land Use Contract Nos. 100 and 241 pursuant to the Local Government Act; (C) The owners wish to discharge Land Use Contract No. 100 registered under Filing Number L10710 and Land Use Contract No. 241 registered under Filing Number P125933; 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. 100, dated the 18th day of December, 1975; and Land Use Contract No. 241, dated the 22 nd day of December 1978, shall be discharged. Final Draft - October 29, 2014 CITY OF ABBOTSFORD LAND USE CONTRACT NOS. 100 and 241, DISCHARGE BYLAW, 2014 Bylaw No. 2370-2014 2. Page 3 That such discharge of Land Use Contract Nos. 100 and 241 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: ) ) ) ) ) ) ) ) ) ) R. Bruce Banman Mayor ) ) ) ) William Flitton Corporate Officer ) ) SIGNED, SEALED, AND DELIVERED in the presence of: ) ) ) ) ) GRANTE GOODWYN ) ) ) ) HAROLD GOODWYN ) ) Final Draft - October 29,2014 CITY OF ABBOTSFORD LAND USE CONTRACT NOS. 100 and 241, DISCHARGE BYLAW, 2014 Bylaw No. 2370-2014 Page 4 APPENDIX "B" SCHEDULE BYLAW NO. 2370·2014 BEING LAND USE CONTRACT NOS. 100 and 241 DISCHARGE BYLAW, 2014 ~ -----~ NWS0239!! A NWSOO935 47 54848 49 55007 N NWS01347 G NWS01404 Ii ,. 0 Z VENTURA AVE. . A , 5'>36. 21eo:J REMA ~ ::> >- POH.~lAN E3le51 10 " 12 2 16~32 A 84119 112 44517 REM. 1 18932 SOUTH FRASER WAY Final Draft - October 29, 2014
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