9341 ladner trunk road (the corporation of delta)

To: Mayor and Council

The Corporation of Delta COUNCIL REPORT

Regular Meeting

File No.:

E.10

LU007685

From: Community Planning & Development Department

Bylaws No.: 7519 and 7520

Date: March 18, 2016

Regional Growth Strategy Amendment, Official Community Plan Amendment, Rezoning and Development Variance Permit at 9341 Ladner Trunk Road

(The Corporation of Delta)

The following report has been reviewed and endorsed by the Chief Administrative Officer.

ill RECOMMENDATIONS:

D. THAT first and second readings be given to Zoning Amendment Bylaw No. 7520.

E. THAT the application for Development Variance Permit LU007685 be received.

F. THAT Bylaws No. 7519 and 7520 and Development Variance Permit LU007685 be referred to a Public Hearing.

G. THAT the owner satisfy the following requirements as a condition of final consideration and adoption and permit issuance:

1. Enter into a Section 219 Restrictive Covenant for flood proofing; and

2. Enter into a Section 219 Restrictive Covenant to require the provision of onand off-site services to the current municipal standard in accordance with "Delta Subdivision and Development Standards Bylaw No. 7162, 2015" for any future development of the subject property.

of 7 9341 Ladner Trunk Road (The Corporation of Delta) LU007685 March 18,2016

H. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development.

• PURPOSE:

The purpose of this report is to present for Council's consideration Official Community Plan Amendment Bylaw No. 7519 (Attachment A), Zoning Amendment Bylaw No. 7520 (Attachment B) and Development Variance Permit LU007685 in order to change the land use designations and zoning of the subject property to allow for commercial uses. An amendment to the Metro Vancouver Regional Growth Strategy land use designation for the subject property would also be required to permit the proposed uses. A location map is provided in Attachment C.

• BACKGROUND:

Site Description and Context: The subject property is 2,331.4 m2 (25,095 ff) in size and is .located west of the Matthews nterchange (Highway 99 and Trunk Road) on south side of Highway 99.

Delta Delta is

Council Policy: The subject property is designated as Agricultural the Metro Vancouver Regional Growth Strategy. This designation is intended for primarily agricultural uses, facilities and supporting services with an emphasis on food production where appropriate. These areas reinforce provincial and local objectives to protect the agricultural land base of the region.

The Official Community Plan designation for the subject property in Schedule A Future Land Use Plan is A Agricultural, which is intended for general and intensive agricultural uses. Uses customarily ancillary to agriculture may also be considered provided they meet municipal policies in the Official Community Plan and Provincial Agricultural Land Commission legislation and policies. The proposed commercial uses would require amendments to the Regional Growth Strategy and Official Community Plan land use designations as discussed in this report.

of7 9341 Ladner Trunk Road (The Corporation of Delta) LU007685

• DISCUSSION:

Proposal:

March 18, 2016

The Corporation of Delta is proposing to amend the subject property's land use designations in the Regional Growth Strategy and Official Community Plan, and to rezone the subject property in order to permit a range of commercial uses on the property. The proposed commercial uses are comparable to those found on other highway locations, including those on the other side of the Matthews Interchange. A development variance permit is also being requested to allow the existing fire hall building to be retained and repurposed for future commercial uses. A project data table is included as Attachment E.

Community Consultation: Section 475 of the Local Government Act requires that Council determine what organizations and authorities might be affected or have an interest in an Official Community Plan amendment and consult with them accordingly. The consultation process for this Official Community Plan amendment application was endorsed by Council at their December 7, 2015 Regular Meeting. A public notification letter about

proposal was sent on January 2016 and a public notice sign was installed on the date, there has

were !

is proposing to amend the Metro Vancouver Regional Growth Strategy land use designation from Agricultural to Rural. Rural areas are intended to protect the existing character of rural communities, landscapes and environmental qualities. Acceptable land uses within these areas include low density residential development, small scale commercial, industrial and institutional uses, and agricultural uses that do not require the provision of urban services such as sewer and transit. These areas are not intended as future urban development areas, and will not have access to regional sewer services. The proposed Rural designation for the subject property would allow for the proposed commercial uses within a non-urban land use designation and would maintain the rural character of the area. This would not result in urban development or sprawl as the Urban Containment Boundary would not change, and regional sewer services would not be extended to the site. The proposed change in land use designation from Agricultural to Rural would constitute a minor amendment to the Regional Growth Strategy.

Official Community Plan Amendment: The Corporation of Delta is proposing the following amendments to the Official Community Plan in order to accommodate the proposed commercial uses:


1. Amendment to the Regional Context Statement Map in Schedule A by changing the Regional Context Statement Designation from Agriculture to Rural; and

2. Amendment to the land use designation in the Future Land Use Plan in Schedule A from A Agricultural to OC Other Commercial.

The Regional Context Statement demonstrates how the Official Community Plan and the Regional Growth Strategy are consistent and areas where the Official Community Plan will be amended to align with these goals. As amendments to both the Regional Growth Strategy and Official Community Plan are proposed, the Regional Context Statement Map in Schedule A would need to be accordingly amended.

As noted above, the subject property is not currently used for agriculture or agricultural related activities; nor is it suitable for such uses. The proposed OC Other Commercial designation in the Future Land Use Plan in Schedule A is intended for commercial and service uses along main roads or highways outside of urban areas, and other autorelated uses. Typical uses include tourism facilities, fuel stations and food establishments. As the subject property is unsuitable for agriculture due to its small parcel size and , it is exempt Agricultural Reserve

Rezoning'

care its isolated populated areas

the site for institutional uses and public facilities. As subject property has been deemed surplus and is to be sold, rezoning the property to C4-B Service Station Commercial would allow the property to be used for its highest and best use, automobile-oriented service commercial uses. The C4-B Service Station Commercial zone would permit service stations, car wash, retailers of automotive products, special trade contractors, convenience store, eating and drinking establishments and rental of automobiles and trucks. A drive-through restaurant would be considered should one be proposed for the subject property. There are two other properties in the vicinity that are currently zoned for commercial uses: 9591 Ladner Trunk Road (Tim Horton's and Esso) - zoned C4-B Service Station Commercial, and 9628 Ladner Trunk Road (White Spot and Chevron) - zoned Comprehensive Development Zone No. 323, which only permits a service station, convenience store and drive-through restaurant. The proposed zoning for the subject property is consistent with the surrounding commercial uses and is suited to its location along a major highway corridor.

Development Variance Permit: The property is proposed to be sold with the existing building in place. In order to allow the existing fire hall building to be retained with its existing setbacks, a development variance permit is required to vary the following provisions in "Delta Zoning Bylaw No. 2750, 1977":

of7 9341 Ladner Trunk Road (The Corporation of Delta) LU007685 March 18, 2016

1. Section 752B, by reducing the required minimum front setback in the C4-B Service Station Commercial zone from 7.5 m (25 ft) to 0 m (0 ft); and

2. Section 913(2), by reducing the minimum required setback from the centre line of Ladner Trunk Road from 24.25 m (80 ft) to 18.0 m (59 ft). The Engineering Department has no concerns with the requested variance.

The above variances would apply only to the existing building while it remains. Should new development of the site be proposed by a future owner, it would need to satisfy the current regulations of "Delta Zoning Bylaw No. 2750, 1977".

Implications: Financial Implications - The subject property is currently not being taxed as public property. Amendments to the subject property's Regional Growth Strategy and Official Community Plan land use designations, and rezoning it to C4-B Service Station Commercial to permit private commercial uses would allow Delta to receive additional taxes from the property.

area. a new use be proposed alters or site, a development permit would be required to ensure that the form and character any future commercial development complements and maintains the integrity of the rural-agricultural nature of the area.

• Legal Services would administer the disposition of the municipally-owned subject property following final consideration and adoption of Bylaws No. 7519 and 7520 in accordance with the Community Charter and Local Government Act.

Intergovernmental Implications -• Metro Vancouver approval is required for the proposed amendment to the

Regional Growth Strategy and Regional Context Statement in the Official Community Plan. Should third reading be given to proposed Bylaws No. 7519 and 7520, Metro Vancouver would administer the approval process for the proposed amendments. Approval may be subject to an affirmative two-thirds weighted vote of the Metro Vancouver Board and a regional Public Hearing. Staff have written to Metro Vancouver to clarify the approval process, given that the site is small and not subject to the Provincial Agricultural Land Commission regulations.


• Provincial Ministry of Transportation and Infrastructure approval is also required due to the site's proximity to the Matthews Interchange and Highway 99. The application was referred to the Ministry, who advised that approval of the rezoning would be subject to the following requirements:

1. No direct access to Highway 99;

2. Access to Ladner Trunk Road to be restricted to right-in right-out turning movements only;

3. All storm water to be directed to a municipally-maintained storm drainage system; and

4. Submission of a Safety Audit of Access from Delta for Ministry review and acceptance to ensure highway safety, and the operational integrity and municipal access do not compromise the alignment of the Highway 99 off-ramp.

Committee implications - This application was reviewed the 5 Regular Meeting.

purpose of this application is to amend the land use designations of the subject property in the Regional Context Statement from Agricultural to Rural and in the Official Community Plan from A Agricultural to OC Other Commercial, amend the land use designation the Regional Context Map in Schedule A of the Official Community Plan from Agriculture to Rural, and to rezone the subject property from P Public Use to C4-8 Service Station Commercial to permit a range of commercial uses. The property is deemed surplus and Delta wishes to rezone the property prior to disposing of the lands in accordance with the Community Charier and Local Government Act. A development variance permit is also being requested to permit the existing fire hall building to be retained and repurposed for future commercial uses. Although the proposed zoning is inconsistent with the current land use designations and zoning, it would allow for the subject property to be used for its highest and best use. The subject property is not currently being used for agriculture, has limited agricultural capability due to its parcel size, and is not in a viable location for other institutional or public uses

of 7 9341 Ladner Trunk Road (The Corporation of Delta) LU007685 March 18, 2016

consistent with the existing zoning. It is recommended that first and second readings be given to Bylaws No. 7519 and 7520, that Development Variance Permit LU007685 be received, and that both bylaws and development variance permit be referred to.a Public Hearing.

Jeff Day, P.Eng. Director of Community Planning & Development

Department submission prepared by: Jimmy Ho, Planner JH/bp/js

II ATTACHMENTS:

Bylaw No. 7519 Bylaw No. Location Map

THE CORPORATION OF DELTA

BYLAW NO. 7519

A Bylaw to amend "The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985"

Attachment A Page 1 of 2

WHEREAS the Council of The Corporation of Delta has adopted an Official Community Plan pursuant to Section 472 of the Local Government Act:

NOW THEREFORE, the Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as "The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985 Amendment (The Corporation of Delta - LU007685) Bylaw No. 7519, 2016".

"The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985", as amended, is hereby further amended for the lands outlined bold and marked

on bylaw as

READ A SECOND time the

PUBLIC HEARING held the

READ A TH I RD time the

day

day of

day of

day of

,2016.

,201 .

,201 .

FINALLY CONSIDERED AND ADOPTED the day of ,201 .

Lois E. Jackson Mayor

Robyn Anderson Municipal Clerk

Bylaw No. 7519

BURNS R

LADNER TRUN D

- 2 -

Subject Property

This is Schedule 7519-1 to

Attachment A Page 2 of 2

HWY99

HORNBY DR

"The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985 Amendment (The Corporation of Delta - LU007685) Bylaw No. 7519, 2016"

Legal: P.I.D. 009-206-213 Lot 1 Section 33 Township 3 and of Section 4 Township 4

New Westminster District Plan 24717

THE CORPORATION OF DELTA

BYLAW NO. 7520

Attachment B Page 1 of 2

A Bylaw to amend the "Delta Zoning Bylaw No. 2750, 1977"

The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS:

1. This bylaw may be cited for all purposes as "Delta Zoning Bylaw No. 2750, 1977 Amendment (The Corporation of Delta - LU007685) Bylaw No. 7520, 2016".

"Delta Zoning Bylaw No. 2750, 1977", as amended, is hereby further amended by rezoning the lands outlined in bold and marked "Subject Property" on the map attached hereto as Schedule "A" to "C4-B Service Station Commercial", and by amending the "Delta Zoning Maps" referred to in Section 301 accordingly.

APPROVED MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE the day of , 20

FINALLY CONSIDERED AND ADOPTED the day of ,20

Lois E. Jackson Mayor

Robyn Anderson Municipal Clerk

Bylaw No. 7520

BURNS R

LADNER TRUN D

- 2 -

Subject Property

This is Schedule "A" to "Delta Zoning Bylaw No. 2750, 1977 Amendment

Attachment B Page 2 of 2

HWY99

HORNBY DR

(The Corporation of Delta - LU007685) Bylaw No. 7520, 2016"

Legal: P.I.D. 009-206-213 Lot 1 Section 33 Township 3 and of Section 4 Township 4

New Westminster District Plan 24717

Location Map

A1

BURNS

LADNERTRUN

G:\Current Davalopment\LU FILES\LUOO7\LU007685\Drawings\LU007685_Loc.dwg, 11/26/20152:19:58 PM, SmithK

Attachment C Page 1 of 1

Subject Property

HWY99

HORNBY DR

Subject Property

G:\Current Development\LU FILES\LUOO7\LU007685\Drawings\LU007685_Aerial.dwg, 1/20/2016 11 :03:53 AM

Project Data for 9341 Ladner Trunk Road (LU007685)

Owner/A licant A lication Date

Regional Growth Strategy Desi nation OCP Designation: Schedule A Development Permit Area

Zoning

No. of Lots Lot Size

Permitted Uses

Maximum Height of Structures:

Variances Zoning Bylaw:

Section 752B Front Setback

Section 913 Minimum Setback from the Centre Line of Ladner Trunk Road

The Cor oration of Delta November 23, 2015 Existin

A ricultural

A A ricultural LV5 Ladner East-Rural

P Public Use

1 2,331.4 m (25,095 ft ) Permitted under P Zone

Assembly Halls

Public Buildings - Publicly owned Parks and

Park Reserves - Public Health Care Facilities

owned and operated by the Greater Vancouver Regional District

9.2 m (30 ft) or 3-storeys whichever is the lesser Re uired

7.5 m (25 ft)

24.25 m (80 ft)

Pro osed

ural

Attachment E Page 1 of 1

OC Other Commercial A development permit is required for protection from flooding hazards; and for form and character of commercial, multi-family, and industrial develo ment. C4-B Service Station Commercial No chan e No chan e

, Proposed C4-8 Zone - Self-Serve Service Station

Eating and Establishment

- Rental of Automobiles and Trucks

8.0 m (26 ft)

Proposed

Om (0 ft)

18.0 m (59 ft)

-- Motion Endorsed

9341 Ladner Trunk Road (A.02)

The Corporation of Delta

MOVED By Cllr. Jeannie Kanakos, SECONDED By Jaspal Mundy,

Attachment F Page 1 of 3

A. THAT the Community Planning Advisory Committee does not support the application for Rezoning, Development Permit and Subdivision at 6420 Ladner Trunk Road (Otter Farm & Home Co-Operative, Inc.) in its current form.

B. THAT the applicant be encouraged to work with staff to make adjustments to address staff concerns raised in the Memorandum.

CARRIED UNANIMOUSLY

Memorandum from Jimmy Ho, Planner, dated November 23, 2015 regarding Regional Growth Strategy Amendment, Official Community Plan Amendment, Rezoning and Development Variance permit at 9341 LadnerTrunk Road (The Corporation of Delta), File No. LU007685.

Delegation: Mike Ruskowski, Senior Planner

Ruskowski, Senior Planner, at 6420 Ladner Trunk Road.

the application is a proposal Growth Strategy and Official

rezone commercial use on the

Mr. Ruskowski gave a course of the overview, and in response Committee, Mr. Ruskowski noted:

• The subject property is located west of the Matthews Interchange on the south side of Highway 99. Its surrounding land uses include agriculture to the south, west and east, and a private hospital and other agricultural uses on the north side of the highway. Two gas stations with drive-through restaurants are located on the north side of Highway 99, east of the subject property.

• The property is owned by Delta and is deemed to be surplus because the existing fire station on the site is no longer required.

• The property is in the Agricultural Land Reserve (ALR) but is not subject to ALR regulations because it is less than two acres in size and it has existed under the same property title since 1972.

Community Planning Advisory Committee Meeting of December 3, 2015

Page 6



• The Agricultural designation in the Regional Growth Stratgey was given to the property because at the time it was adopted there were no plans for Delta to dispose of the property and the land was in the ALR.

• Two amendments to the Official Community Plan (OCP) are needed including amendment to the Regional Context Statement Map by changing the Regional Context Statement Designation from Agriculture to Rural and to the land use designation in the Future Land Use Plan from Agricultural to Other Commercial.

• Rezoning the subject property from P Public Use to C4-8 Service Station Commercial is then needed.

• A Development Variance Permit varying the minimum front setback and special setback from the centre line of Ladner Trunk Road is required to allow the existing building to remain on the property in its current location.

• Delta plans to sell the existing property with the building on it which would allow a potential purchaser to repurpose the building or demolish it. A purchaser would need ensure the property met servicing requirements.

redevelopment would Minister of Transportation

• the property is designated for agricultural use

it is agricu

• The P property for institutional types of uses may not be viable as the site is isolated.

• Rezoning the property to C4-8 Zoning would allow the property to be used for its highest and best use and reduce the amount of approvals any potential purchaser would need to obtain once the property is sold.

• As the property is outside the sewer area, a private treatment system would be needed. The Tim Hortons located on the north side of Highway 99 uses a holding tank.

• The rural designation under the Regional Growth Strategy does not permit connection to the municipal sewer system. Agriculture areas do not generally have sewer connection.


Page 7

Meeting Schedule 2016 (C.03)

-- Motion Endorsed

Next Meeting



• The proposal to amend the Regional Growth Strategy Designation would be considered a Type 2 minor amendment. A regional public hearing at Metro Vancouver would be required as part of the process. Council's endorsement is needed before it would be referred to Metro Vancouver. Several Metro Vancouver committees would review the proposal before it is presented at a public hearing.

In response to a Committee query, the Deputy Director of Planning noted that a site profile was completed for the site and no environmental issues were found.

In discussion, the Committee expressed support for staff keeping CPAC updated on the application once it proceeds to Council and to Metro Vancouver.

MOVED By Firth Bateman, SECONDED By Duncan Macdonald, THAT the Community Planning Advisory Committee supports

Growth Strategy Amendment, Rezoning

Road

BUSINESS ARISING

business arising from

C. NEW BUSINESS

Draft 2016 CPAC Meeting Schedule.

MOVED By Firth Bateman, SECONDED By Duncan Macdonald, THAT the 2016 Community Planning Advisory Committee schedule be received for information.

CARRIED UNANIMOUSLY

D. INFORMATION

No information items.

The next meeting is scheduled for January 7,2016.


Page 8

9341 ladner trunk road (the corporation of delta)

Documents