PDS 148-2014 - Abbotsford CivicWeb

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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-=..
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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
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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
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FIGURE 1 LOCATION
ADDRESS:
APPLICANT:
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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
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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
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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
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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
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Gilchrist Properties Ltd
wlVvl.rcggroupcom
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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
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ABBOTSFORD
550 - City Centre Commercial
Zone (C5)
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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.
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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.
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ABBOTSFORD
Attachment C
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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.
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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
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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
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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
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Final Draft - October 29, 2014