Regular Council Agenda

January 25, 2010 6:30 p.m.Council Chambers

8645 Stave Lake Street, Mission, BC

1 DELEGATIONS AND PRESENTATIONS

(a) Myrna MathewsRe: Communities in Bloom

(b) Dylan Cunningham, Canada World Youth Page 2Re: February 22-28, 2010 "Eco Week"

2, NEW BUSINESS/BYLAWS

(a) District of Mission Kennel Amending Bylaw 5114-2010-2788(5) — a bylaw Adoptionto clarify section 3 to include the lot size

3. QUESTION PERIOD (on new business only)

4. PUBLIC HEARING

(a) District of Mission Zoning Amending Bylaw 5020-2009 (R08-025 — Shamei) — a Page 3bylaw to rezone property at 9574 Brenda Street from RU16 (Rural 16 zone) toRR7 (Rural Residential 7 zone)

(b) District of Mission Zoning Amending Bylaw 5071-2009-5050(1) (R09-013 — Mikes) Page 11— a bylaw to rezone property at 11759 Wilson Street from RU16 (Rural 16 zone)to RR7 (Rural Residential 7 zone)

(c) District of Mission Zoning Amending Bylaw 5105-2009-5050(2) (R09-012 — District Page 21of Mission) — a bylaw to add clarity and update the recently adopted Zoning Bylaw

5. ADJOURNMENT

DISTRICT OF MISSION

REQUEST TO APPEAR AS A DELEGATION

Date: January 17, 2010

To: Dennis Clark, Director of Corporate Administration

El I hereby request permission to appear as a delegation before District of MissionMayor and Council with reference to the following topic:

Participants of Canada World Youth would like to have the week of February 22-28 4010declared as "Eco Week". During this week the participants will put on various events anddiscussions around the community, with a focus on sustainability. The participants would alsolike a letter of endorsement from the city.

I understand that the deadline for submission of the request is 4:30 p.m. on the Monday preceding thedate of the meeting and that once my appearance has been confirmed, will be allotted a maximum of 10minutes to make my presentation.

Name: Dylan Cunningham

Address: 32345 Mallard Place

City: Mission

Postal Code: V2V 5N8 Telephone: 604 820 8796

Signature:

2

0:clerk/forms/request to appear as a dekagalkm.doo

Delegation Confirmed to Appear on:

Date Confirmed:

Time:

Confirmed by:

SUBJECTPROPERTY

DISTRICT OF MISSION ZONING AMENDING BYLAW 5020-2009 (R08-025 - Shamei)

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

Parcel Identifier: 003-517-535 Lot 51 Section 33 Township 17 New Westminster District Plan 64607

from RU16 Rural 16 zone to RR7 Rural Residential 7 zone.

The location of the subject property is 9574 Brenda Street and is shown on the following map:

The purpose of the proposed amendment is to accommodate the subsequent subdivision of thesubject property into 2 lots of a minimum 0.7 hectare (1.73 acre) lot size.

3

Ivii ]. DFSTRiCT OF

issioFON THE FRASER

Planning DepartmentMemorandum

4

FILE: PRO.DEV.ZON /PRO.DEVDEVR08-43251DV09-007

To: Chief Administrative OfficerFrom: PlannerDate: December 7., 2009Subject: Rezoning Application R08-025 (Shamei) - 9574 Brenda Street

Recommendation

1. In accordance with Rezoning Application R08-025 (Shamei), the Director of CorporateAdministration prepare a bylaw to amend District of Mission Zoning Bylaw 5050-2009 byrezoning the property located at 9574 Brenda Street and legally described as:

Parcel Identifier: 003-517-535 Lot 51 Section 33 Township 17 New Westminster District

from RU16 zone (Rural 16 zone) to RR7 zone (Rural Residential 7 zone);

the bylaw be considered for 1 st and 2nd reading at the Regular Council Meeting onDecember 7, 2009; and

that following such readings, the bylaw be forwarded to a Public Hearing on January 25,2010.

2. That Development Variance Permit Application DVO9-008, in the name of Irja Maleky, tovary Section 304 D Setbacks of District of Mission Zoning Bylaw 5050-2009 by reducing theminimum required:

n Setback to the front lot line from 7.5 metres (24.6 feet) to 6.22 metres (20.4 feet) toallow for an existing detached garage

in a proposed rural residential development located at 9574 Brenda Street, be forwarded toCouncil for public input and consideration of approval on January 25, 2010.

ProposalAn application has been received from Mehdi Shamei to rezone the property at 9574 BrendaStreet to accommodate a 2 lot rural subdivision (Map 'I & Plan I). The property is designatedRural Residential in the Official Community Plan; therefore, no Official Community Planamendment is required.

Site DescriptionThe subject property has a total area of 1.857 hectares (4.58 acres). The property slopes fromthe northwest to the southwest. The existing dwelling will be retained as part of the subdivision.There are two watercourses on the property, which will require protection with a restrictivecovenant and sign posts delineating the Streamside Protection and Enhancement Area prior tosubdivision approval.

Neighbourhood ContextThe proposal is a rural area where a number of rezoning and subdivisions to allow ruralresidential development have occurred.

PAGE 1 OF 6

Official Community PL n DesignationThe application is in conformance with the Official Community Plan rural residential designationand therefore, no Official Community Plan amendment is required.

Zoning

The application is to rezone the property at 9574 Brenda Street from RU16 zone (Rural 16zone) to RR7 zone (Rural Residential 7 zone) to allow for two rural residential single family lots.

Community Amenity

in accordance with Council Policy LAN. 40 — FINANCIAL CONTRIBUTIONS FOR COMMUNITYAMENITIES POLCIY, the applicant has submitted a letter volunteering to contribute 81 ,850.00for the one additional lot that is being created. The application was received in September2008, thus the reason for the Community Amenity Contribution of $1,850.00.

Tree Retention and Replanting

The property is heavily tree along the watercourses. These trees will be protected as they arelocated within the Streamside Protection and Enhancement Area. There are 6 trees that willrequire removal as part of the subdivision. The developer will be required to either pay $1,500($250 per tree) for the 6 trees to be removed or plant 6 new trees.

internal Comments

The application was reviewed at the Development Review Committee meeting, which hasrepresentation from Planning, Engineering, Inspection Services, Fire, RCMP, and Parks andRecreation. The Engineering Department has reviewed the proposal with comments outlined inAppendix 1, Engineering Department Rezoning Comments,

Section 108 Compliance

There are two watercourses on the property, which require protection pursuant to Section 108 ofthe District of Mission zoning bylaw. As part of the subdivision process a 30 metre StreamsideProtection and Enhancement Area will be identified. This 30 metre setback will be delineatedwith posts and signs identifying the covenant boundary.

External Referrals

As part of the subdivision process, referrals to various utility agencies will be made.

Public Hearing information Package

In accordance with Council Policy LAN.50 — PRE-PUBLIC HEARING INFORMATIONPACKAGES, a package will be produced containing material related to the developmentapplication.

equirements Prior to Adoption of the Zone Amending Bylaw

Receipt of the Community Amenity Contribution in the amount of $ , 50,00.

A letter of credit in the amount of $1,500 for installing 6 trees.

Engineering requirements (no works required)

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

FILE:PRO.DEV.ZON/PRO.DEV.DEV PAGE 2 OF 6R08-025/DV09-007

• Summary

Staff recommends that the rezoning application R08-025 and Development Variance DV09-007proceed to Public Hearing on January 25, 2010.

6

fai.4,Marcy BondGACOPADEAmARCysAppLicATiONSuREZONiNG 52005 Applicatons\ ROB-025 Shernei g574 Brenda StreetlCoW for Shamei.doc

•

• FILE:PRO.DEV.ZON/PRODEVDEV

PAGE 3 OF 6R08-025/DV09-007

R08-025-022

9610

9566

9461 9480

9536

9567

950995'10

0492

33569 33563

9415

94609428

9380

33520 96519639

9442

0439

Location Map

7

FILE:PRO.DEV.ZON/PRODEV.DEV PAGE 4 OF 6R08-025/DV09-007

DRAFT PEANOF 5 U B DIVISION OF LOT 51SECTION 33 TOWNSHIP 17tie PLAN 646074.01S : 5?r,

Of.57PC 7 X ,WV.1").,i

*WICNO? 0.02. e49.10anrert 12.3 , 117-226

fAr., 510:,,S, 9514 4101.M01 12.02:1,. 0051021

CLVINAS 121051112.127 0010I110 01,r0010

24%reia",,

111104120 0+11

SZ• An.g6-: 202

-7

PlarrlDraft Plan of Subdivision

8

FLE:PRO.DEV.ZON/PRO.DEVDEVR08-0251E:N09-007

PAGE 5 OF 6

Appendix I

ENGINEERING DEPARTMENT REZONING COMMENTS

FILE: R08-025

October 07, 2008.

CIVIC ADDRESS: 9574 Brenda Street

1. DOMESTIC WATER REQUIREMENTS:

No municipal water available, The Developer will be required at subdivision stage toprovide potable water for each parcel and a Hydrogeology report to confirm that thewais meet the requirements of the Subdivision Control Bylaw.

2. SANITARY SEWER REQUIREMENTS:

No municipal sanitary sewer available.

3. STORM SEWER REQUIREMENTS:

None

4, ROAD WORK REQUIREMENTS:

None

RECOMMENDATION

From an engineering point of view the rezoning application may proceed to final adoption.

9

ftiengineeridevcorkezoningsubcomments/R08-025; 9574 Brenda Street Rezoning Comment

FILE:PRO.DEV.ZON/PRO.DEV.DEV PAGE 6 OF 6R08-025/DV09-007

ON THE FRASEftPLANNING DEPARTMENT

- D/STRICT OFs

FILE: PRO.DEV.ZONIPRO.DEV.DEVR06-025/DV09-007

January 13, 2010

Dear Owner/Occupant:Re: Rezoning Application R08-025 and Development Variance Permit Application

DV09-007 (Shame* — 9574 Brenda StreetRezoning and Development Variance Permit applications have been received from Mr. MehdiShamei. Enclosed is a Public Hearing Notice for your information that describes the proposedRezoning application within Item 1.The purpose of this rezoning is to accommodate the subsequent subdivision of the subjectproperty into 2 lots of a minimum 0.7 hectare (1.73 acre) lot size,The purpose of the Development Variance Permit is to vary Section 304 D Setbacks of Districtof Mission Zoning Bylaw 5050-2009 by reducing the minimum required setback to the front lotline from 7.5 metres (24.6 feet) to 6,22 metres, (20.4 feet) to allow for an existing detachedgarage.This Letter is to serve as notice to all adjacent property owners and occupiers of land that theDistrict of Mission Council will consider the Rezoning and Development Variance Permitapplications at the January 25, 2010 Regular Council meeting. The Regular Council meeting willbe held at 6:30 p.m, in the Council Chambers of the Municipal Hall, 8645 Stave Lake Street,Mission, BC. An opportunity will be given for any interested parties to comment on the Rezoningand the Development Variance Permit applications at the Regular Council meeting.Yours truly

:7(5\,,CA

(Sharon Fletcher'DIRECTOR OF PLANNING

End,

. • GACOMDE ,APLIBUC: HEARING NCI-IMP:I- ION LTTESAP.08•+.72.5 (HANIE4 NOTN OWN 000.D00

P.O. Box :10, $645 Stave Lake Street, MiS5i011, B,C \":2\1 4..9Phone (604) 0 ),0 746 Far; (604) 0)6-795 I 6 (604) 820.57 5 Who She: www.missIon,ca planning©mision,

PORTION TOBE RE-ZONED

woo

TIM

SUBJECTPROPERTY

DISTRICT OF MISSION ZONING AMENDING BYLAW 5071-2009-5050(1) (R09-013 - Mikes)

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

Parcel Identifier: 012-426-733 Lot 11 Section 15 Township 15 New Westminster District Plan 2061

from RU16 Rural 16 zone to RR7 Rural Residential 7 zone.The location of the subject property is 11759 Wilson Street and is shown on the following map:

The purpose of the proposed amendment is to rezone the western portion of the property toaccommodate the subsequent subdivision of the subject property into two lots; Lot A is a minimum0.7 hectare (1.73 acre) lot size and Lot B is a minimum 1.6 hectare (4.0 acre) lot size.

1 2

Planning DepartmentMemorandum

DISTRICT OF

ON THE FRASERFILE: PRO.DEV.ZON/PRO.DEV,SUBR09-002/S09-001

To: Chief Administrative OfficerFrom: PlannerDate: December 7, 2009Subject: Rezoning Application R09-013 (11759 Wilson Street — Mikes)

Recommendation

1. That, in accordance with Rezoning Application R09-013 (Tony Mikes), the Director ofCorporate Administration prepare a bylaw to amend District of Mission Zoning Bylaw 5050 —2009 by rezoning a portion of the property west of Wilson Street located at 11759 WilsonStreet and legally described as that portion of:

Parcel Identifier: 012-426-733 Lot 11, Section 15, Township 15, New Westminster District,Plan 2061

from RU 16 (Rural 16 Zone) to RR7 (Rural Residential 7 Zone);

that the bylaw be considered for 1 st and 2nd reading at the Regular Council Meeting onDecember 7, 2009; and

that following such a reading, the bylaw be forwarded to a Public Hearing on January 25,2010.

Proposal

An application has been received from Tony Mikes to rezone the western portion of the subjectproperty located at 11759 Wilson Street (Map 1). Rezoning the western portion of the propertyfrom Rural 16 (RU16) to Rural Residential 7(RR7) is requested to facilitate the creation of a 2-lotsubdivision. The area of proposed Lot A is 2.68 hectares (6.62 acres) while proposed Lot B is1.35 hectares (3•33 acres). The draft subdivision layout is attached as (Plan 1).

Background and Site Description

The subject property comprises .a combined area of approximately 4.03 hectares (9.95 acres) andis considered a hooked lot, separated by Wilson Street. The eastern portion of the property iswithin the Agricultural Land Reserve (ALR) and the western portion is designated as RuralResidential and is not within the boundaries of the ALR 2). The western portion of theproperty slopes towards Wilson Street, no mapped watercourses are present and there is anexisting gravel driveway that winds its way towards a previously cleared building and servicesenvelope. The eastern portion of the property exhibits an ephemeral watercourse that flows in anortherly direction towards Phillips Creek that transects an existing gravel driveway servicing theresidence and accessory mobile home (Plan 1). The property, east of the stream, is relatively flatand was cleared years earlier to provide for pastoral grasslands (Map 3).

The overall residential neighbourhood character along the Wilson Street corridor is comprised of 4hectare (9.88 acre) properties which are heavily treed with single family residences. The majorityof surrounding properties are zoned RU16 with a number of properties with restricted access tothe east zoned RU80. None of the surrounding properties within the ALR (Map 2) are engaged inany noticeable agricultural activities.

PAGE 1 OF 8

Official Community Plan (OCP) Designation

The property has two separate OCP designations that are separated by Wilson Street. ProposedLot A is designated Agricultural Land Reserve and Proposed Lot B is designated RuralResidential (Map 2). The subdivision is proposed to create two separate properties thatcorrespond to their respective designations and will discontinue a split designation scenario onthe subject property.

Generally, the OCP provides an array of objectives and policies to implement community goals inrespect to Agriculture. The overall intent within OCR aims to promote and facilitate the continuedhealthy growth and maintenance of agricultural lands. This development proposal does notinclude the subdivision, alteration, or modified use of ALR lands; therefore, the development doesnot adversely affect agricultural lands.

The proposed development is also supported by a number of Environmental Protection policieswithin the OCR. As referred to later in the report, the increased protection of the ephemeralstream (15 metres from the top of bank on Plan I) will ensure the further protection of the naturalenvironment. Essentially, this development proposal conforms to the intent of the OCP and itsfundamental neighbourhood and environmental values.

Zoning

The entire property is zoned RU16 (Rural 16 Zone). The development entails only the westernportion of the property rezoned to RR7 (Rural Residential 7 Zone). The eastern portion of theproperty will remain RU16 and meets the minimum lot standard required for the RU16 zone,Proposed Lot B is 1,35 hectares (3.33 acres) in area and is larger in area than the requisite 0.7ha, (1.73 ac.) stipulated within the RR7 zone.

Community Amenity

It is recognized that residential development imposes a unique financial burden on the communityby creating a need or demand for new/upgraded public facilities or amenities. In order to addressthis unique financial burden, rezoning applicants are requested to make a contribution to theDistrict's Community Amenity Reserve Fund for new/upgraded public facilities or amenities. Theapplicant has agreed to contribute $1910.00 as part of this rezoning application.

Tree Retention and Replanting

The eastern portion of the subject property was cleared years earlier to provide for pastoralgrasslands and other residential appurtenances (Map 3). No other trees are to be removed inrelation to development activities. As stipulated within the of Mission Tree Retention Policy, theapplicant will be required to plant two (2) trees for each lot created by subdivision. In total theapplicant is required to plant an additional four (4) trees.

Parkland

in accordance with Section 941 of the Local Government Act, there is no statutory requirement forparkland dedication.

External Referrals

Department of Fisheries and Oceans (DFO)

Given the presence of a Class ‘B' watercourse located east of Wilson Street, this application wasdiscussed on September 4, 2009 with a representative from the DFO. This meeting entailed

FILET PRO.DEV.ZON/PRO.DEV.SUE PAGE 2 OF 8R09-0021,309-001

13

discussion of the environmental report submitted by Letts Environmental Consultants Ltd. andprotection measures that the District planning staff will implement as part of the developmentprocess. As identified within the District of Mission Zoning Bylaw, a 15 metre (49 feet) StreamsideProtection and Enhancement Area (SPEA) is required to protect a Class 'B' watercourse (Plan 1).The applicant has agreed to register a restrictive covenant to protect the SPEA on the requisiteportion of the property. This protected riparian area will be registered on title as a restrictivecovenant and be demarcated by signage at equal intervals along the eastern portion of thestream. The buffer will provide for considerable environmental protections, and ensure treeretention within the SPEA.

Agricultural Land Commission

As the portion of land within the ALR is not being subdivided, the ALC does not require a formalALR subdivision application. The ALC will only be involved in the consent to register the requisiteriparian area covenant and signatories on the final subdivision plans.

In order to further ensure ALC endorsement, the applicant had received approval in 1998 tosubdivide the property into two separate lots along Wilson Street (Schedule 1). Although theapproval process was different then, the ALC ensured planning staff through informal discussionsthat ALC approval is not required to subdivide the subject property in this case.

Public Hearing Information Package

in accordance with Council Policy LAN.50 — PRE-PUBL1C HEARING INFORMATIONPACKAGES will be produced containing material related to the development application.

Requirements Prior to Adoption of the Zone Amending Bylaw

0 Receipt of the Community Amenity contribution in the amount of $1910.00

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

Summary

in this regard, staff recommend that the rezoning application proceed to Public Hearing onJanuary 25, 2009.

Zee"

Erik Wilhelm

GACOMDEV\ERJK1Development Planning Staff Reports\tony mikes.doc

14

FILE: PRODEV.ZON/PRODEV.SUB

PAGE 3 OF 8R09-002/S09-001

15

R09-013S09-008 [PAP I

Portion ofsu*ject propertyto remain RUI6

FILE: PRO.DEV.ZON/PRODEV.SUBR09-002/S09-007

PAGE 4 OF 8

2909

2I+70 2214

Portion of subject•

prsperty to berezoned fr mRU16 to RR7

?11 71)7

114774*0

SUBJECTPROPERTY

PLAN I;

r•

FILE: PRO.DEV.ZON/PRO,DEV.SUB

PAGE 5 OF 8R09-002/S09-001

FILE: PRODEV.ZON/PRO.DEV.SLIBR09-002/S09-001

PAGE 6 OF 8

""13 MAP 2 OCP DESIGNATIONSS09-008

17

R09-01 3S09-008 ORTHOGRAPHIC PHOTO

FILE; PRODEV.ZON/PRO.DEV.SUBR09-002/S09-001

PAGE 7 OF 8

SC HE U E 11.1

Provincial Agricultural Land Commission133 - 4O4Ci Canada Way . Burnaby, C. V5G 41C0

eoboro 000-7000Fax: 1,60-M 66(.1-.7033

19

April 7, 1998 Reply to the ;mention of If Lew

455437.13C Ltd. .11759 Wilson Road.Mission, BC, V2V iSH3.

Dear Sir/Mad:int:_84 , 199e

jTh Agricultural Land Commission has considered your appiic.ntion regarding hind described as Lot 11,Diitriet Lot 3d, Section 1.S, Township 1S, Plan 206.

The Cominission. acitagander SeCUM 46 of BC Rati?nlarion 31,:i172. by Resolution .)194/98, has allowedyour application to subdivide the property along the ALR boundary 'o crelde a 2.7 ha lot in theAgricultural Land Reserve and a 1.3 ha lot out of he Reserve.

This approval is graincid . proviried that your proposal is in subssaniil compliance with the planattached licieje.

The mollusc:xi 2.7 ha lot referred to in the application mutilates to be subject to the provisions of the Actand regalatims except as provided by this approval.

This a pproyal in on way relieves the owner or occupier of the responsibility of adhering to all otherlegislation ttviiiich rum , apply to the land, This includes zoning.. subdivision, or other land use bylaws, anddecisions of am' 411i)ones which have. jurisdiction.

. 13eforie your dewelopiricut can proceed, otter approvals may be necessary and we urge von to check withthe District of Mission.

Please obtain the confirmation al the Commission if any substamial changes are required 10 the proposalas approved by this office.

When the. final gtirvey plans or documents as required for Land Title purposes have been prepared, pleasesend Iwo paper pouts to this office, well in advance of commencing registration procedures at the Land'fllle alike, The Commission will then autheiriZe. the Registrar of Land Titles to accept the applicationfor deposit of the subdivision plan.

Pease quote Application 410. rvl -31 M4. in any filittic corresporidenc:f.

Yours

AGRI CULTURAL LAbfl) C0)/11\411: ON

Re: Application WM 318114

Per•

K. B. Miller. General Manager

arMission PRO.PRIWILa13.C. Assessment Authority. Pitt Meadows (Roll 31 .2-91.7-01(1)

FILE: PRO,DEV.ZON/PRO.DEV.SUB1309-002/S0g-00

PAGE 8 OF 8

PLANNINo DEPkRTMENT

FILE: PRO.DEV.ZONR09-013January 13, 2010

Dear Owner/Occupant:

Fie; Public Hearing for Rezoning Fl09-013 (Mikes) —11759 Wilson Street

Please find enclosed a Public Hearing Notice for your information. As a neighbouring residentor property owner to the subject property that is located at 11759 Wilson Street, you are invitedto attend this hearing and make known any comments that you may have.

Reference should be made to Item No. 2 in the Public Hearing Notice for more specificinformation on the proposal. Details of the Public Hearing time and location are stated at thetop of the attached Public Hearing notice. Additional information may be obtained by contactingthe District of Mission Planning Department at (604) 620-3748.

Yours truly

Sharon FletcherDIRECTOR OF PLANNING

Encl.

G; COMDEV1PUBLIC HEAR!NG NOT; FICJsT1ON L TTERWAR09 , 0f a, (MIKES") NOTN OWN OCC.DOC

20

P.O. Box '20. 8645 Stave Lake Street, Mission. B C V2VPhone . (604) 820..3748 Fax (504) 828•7951 6 (604) 820-3715 Web Site: www.missiQiLen pianningOrnission.ca

DISTRICT OF MISSION ZONING AMENDING BYLAW 5105-2009-5050(2) (R09-012 — District ofMission)

This bylaw proposes to amend the text of District of Mission Zoning Bylaw 5050-2009 by amendingSection 102 Definitions, Section 104 General Regulations Part B. 2.a, Section 108 EnvironmentalProtection Part C. 5., Section 109 Off Street Parking Regulations Part C. Paragraph 1, Section 111Fencing, Landscaping, Retaining, Buffering Part A. Paragraph 1.a., Section 1005 IndustrialAutomobile Repair Zones Part B. Permitted Uses and the tables referenced in Section 106 UseRegulations Part D. Use Categories as required.The purpose of the proposed text amendments is to provide clarification of definitions, language andzone specific amendments.

21

D 1ST P. IC. T OF

ON THE FRASERPlanning Department

Memorandum

22

FILE: PRO.DEV.ZONR09-012

To: Chief Administrative Officer

From: Deputy Director of PlanningDate: December 7, 2009

Subject: Rezoning Application R09-012 (District of Mission) — Proposed Text Amendmentsto Zoning Bylaw 5050-2009 to add clarity and update the recently adopted Zoning

ylaw

Recommendation:

1. That the Director of Corporate Administration prepare a bylaw to amend Zoning Bylaw 5050-2009to:

a) Delete "industry, Light" in its entirety from Section 102 Definitions and replace with:

Industry, Lightmeans a Use that involves manufacturing, production, processing, fabrication, assembly,treatment, repair, or packaging of finished products, predominantly from previously prepared orrefined materials (or from raw materials that do not need refining) which is enclosed within aBuilding and is not offensive by reason of smoke, vibration, smell, toxic fumes, electrical orelectronic interference and produces no significant noise which in any way interferes with theuse of any contiguous Lot.

includes:• Light Manufacturing

Excludes:• Salvage Industry,• Heavy Industry, and• Transportation industry

b) Delete "Fish Bearing Stream" in its entirety from Section 102 Definitions and replace with:

Fish Bearing Streammeans a Stream in which Fish are present or potentially present if introduced barriers areeither removed or made passable for Fish.

c) Delete "Non Fish Bearing Stream" in its entirety from Section 102 Definitions and replace with:

Non Fish "'wring Streammeans a Stream that is not inhabited by fish, and provides water, food and nutrients to adownstream Fish Bearing Stream or other body of water.

PAGE 1 OF 12

Le): r. ,JOr

d) Delete "Agriculture, Small Scale" in its entirety from Section 102 Definitions and replace with:

Agriculture, Small Scalemeans providing for the growing, rearing, and harvesting of agricultural products and includesthe preliminary grading of and for agricultural products grown, harvested or reared on thatland.

And includes:g "hobby kennel" as defined in the District of Mission Kennel Bylaw 2788 - 1994, andthe keeping of:g cattle (limited to 1 animal per .36 ha (.88 ac) of Lot Area)ghorses (limited to 1 animal per .36 ha (.88 ac) Lot Area), and

chicken hens (limited to 1 bird per 375 sq m of Lot Area), and

Excludes:g mushroom growing, andthe keeping of:a swine,

rabbits,gmink,gbees,gpigeons, and

teed lots.

e) Delete "Agriculture, Urban" in its entirety from Section 102 Definitions

f) Delete Section 104 Part B. 2.a. in its entirety and replace with:

"For pie-shaped or irregular shaped lots, frontage may be reduced below the minimumprescribed width by 50%, provided the minimum frontage is met at the mid point of the depth ofthe lot or 20.Om back from the front lot line, whichever is less."

• FILE: PRO.DEV.ZON PAGE 2 OF 12R09-012

23

24 1

g) Delete Section 108 Part C. 5, in its entirety and replace with:

"Notwithstanding Section 108, Part C, in determining a Streamside Protection andEnhancement Area, the Approving Officer may adjust the boundaries of a StreamsideProtection and Enhancement Area in circumstances where the establishment of theStreamside Protection and Enhancement Area pursuant to the criteria in Section 108, Part 0.3is unfeasible, with the determination made under the following factors:

a. biophysical conditions;b. existing parcel sizes;c. existing roads, trails, works or services;d. proposed roads, trails, works and services needed to provide access or services tootherwise developable land or to connect to existing roads, trails, works or services;

• and where opportunities to maintain and enhance the total net area within the StreamsideProtection and Enhancement Area can occur, as indicated by the example shown in Figure108.3 below."

• h) Delete Section 109 Part C. Paragraph 1 in its entirety and replace with:

1. The minimum dimensions for a parking space and associated maneuvering aisle shall be asfollows:

Parking Angie Width of Length of Width of Aisle Trafficin de rees Parking Space Parking Space Direction

90 2.6 m (8.5 ft) 5.5 m (18.0 ft) 7.0 m (23 ft) Two way

90 I 2.6 m (8.5 ft) 5.5 m. (18.0 ft) 6.5 m (21.3 ft) Two way -within Building

90 Compact 2.5 m (8.2 ft) 5.0 m (16.4 ft) 6.5 m (21.3 ft) Two way

60 • 2.6 m (8.5 ft) 5.5 m (18.0 f ) 6.5 m (21.3 ft) Two way

60 Compact 2.6 m (8.5 ft) 5.0 m (16.4 ft) 6.5 m (21.3 ft) Two way

45 2.6 m (8.5 ft) 5.5 m (18.0 ft) 6.5 m (21,3 ft) Two way

45 Compact 2.7 m (8.9 ft) 5.0 m (16.4 ft) 6.5 m (21.3 ft) Two way

180 (parallel) 2.6 m (8.5 ft) 6.7 m (22.0 ft) 6.5 m (21.3 ft) Two way

I) Delete Section 111 Part A. Paragraph 1.a. in its entirety and replace with:

1. Unless otherwise provided in this Bylaw, the following shall apply to all Urban zones:a. No fence shall be constructed on a Lot to a Height exceeding:

i. 1.9m (6.2 ft), orii. 1.2m (4.0 ft) when it is located within a required Front Yard or SideYard on a flanking street,

FtLE: PRO.DEV.ZON

PAGE 3 OF 12R09-012

j) Add the following Paragraphs to Section 1005 Part B. Permitted Uses:

3. The following Principal Uses and no other shall be permitted in the INAR zone provided noAutomotive uses exist on the lot:

a. Food and Beverage limited to:Industrial Cafe.

b. industrial limited to:Light industry,

ii. Warehouse Uses, andiii.Transportation industry.

c. Service limited to:Appliance Repair,

ii. Beverage Container Return Centre,iii. Call Centre,iv. Dog and Cat Daycare Kennel,v. Driving School,vi. Funeral Parlour and/or Memorial Service Facility,vii.General Service Use, andviii. Taxi Dispatch.

4. The following Accessory Uses and no other shall be permitted in the INAR zone providedno Automotive uses exist on the lot:

a. Office limited to:I. Administrative Office Use - provided the Use is limited to a maximum of 50%of Floor Area of the Principal Use.

b. Retail limited to:i. Retail. Store - provided the retailing of products are manufactured orwholesaled within the business premises, limited to a maximum of 30% of theFloor Area of the Principal Use or 450 sq m (4,843.8 sq ft), whichever is less,

c. Storage limited to the following:i. Enclosed Storage, andii.Outdoor Storage - provided the Use is for finished products which aremanufactured on the Site. All Outdoor Storage operations shall:

Not exceed 50% of the Floor Area of a Principal Use in size.Not include storage of material or goods likely to produce or give off dust orother particulate matter that may become wind-borne.

▪ Not exceed 2.0 m in height, from Finished Grade."Not be located within 3.0 m of a Lot line adjoining a Street.EBe located only on that part of a Lot surfaced with dust-free material."Be bounded on all sides not adjacent to a Building or Structure by a fence of at

ieast 1.8 m (6.0 ft) in Height constructed and maintained in a manner tocompletely screen storage from view from public Streets, the fence shall befronted by a Landscaped Area 1.5 m (4.9 ft) wide containing a minimum ofone tree, for every 9.0 linear m (29.5 ft) of fence. Each tree shall have aminimum size of 6.0 cm (2.4 in) caliper."

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5. The following Conditions of Use apply to all permitted uses for a site:a. All Principal Uses shall be located completely within an enclosed Building except for:

i. Outdoor Storage.

k) Add the following to Section 1004 Part B. Permitted Uses, Paragraph 1:

a. Industrial, limited to:

I. Auction - Wholesaleii. Light Industry

Warehouse

b. Recreation limited to:

i. Commercial Outdoor Recreation

and,

2. That the tables referenced in Section 106 Part D. Use Categories be amended as necessary.

and,

3 That the bylaw be considered for first and second reading at the Regular Council Meeting onJanuary 4, 2010;

and,

4. That following such readings, the bylaw be forwarded to Public Hearing on January 25, 2010.

B ckground

Whenever a new bylaw is adopted and application of the bylaw is tried and tested, minordiscrepancies will arise and small amendments will be necessary. Additionally, through the publicprocess, recommendations are made that are deemed as improvements to the overall bylaw.Certainly, with a bylaw as large as the Zoning Bylaw, items will need to be amended to continuallyimprove the bylaw. The following is a list, divided into three categories: Definitions Clarification,Language Clarification and Zone Specific Amendments, for Council's consideration:

Definition Clarification

1. Light Industry

The current definition is quite vague and open to interpretation which was done on purpose toallow a greater variety of industrial uses within zones that allowed Light Industry as a permitteduse. The intent is to limit uses that are entirely enclosed within a building; however, questionsare arising as to what those uses might be.

The current definition reads:

means a Use which is enclosed within a Building and is not offensive by reason of smoke,vibration, smell, toxic fumes, electrical or electronic interference and produces no significantnoise which in any way interferes with the use of any contiguous Lot.Excludes:

Salvage industry,

The proposed definition would introduce clarity and further restrictions to the use whilemaintaining the initial intent:

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means a Use that involves manufacturing, production, processing, fabrication, assembly,treatment, repair, or packaging of finished products, predominantly from previously prepared orrefined materials (or from raw materials that do not need refining) which is enclosed within aBuilding and is not offensive by reason of smoke, vibration, smell, toxic fumes, electrical orelectronic interference and produces no significant noise which in any way interferes with theuse of any contiguous Lot

Includes:• Light Manufacturing

Excludes:• Salvage industry,▪ Heavy industry, and

Transportation industry

2. Fish Bearing Stream

To better reflect the definition and value of fish bearing streams and to be consistent with theintent of streamside protection regulations, the proposed amendment recommends a changeback to the original definition of the previous bylaw.

Fish Bearing Streammeans a Stream is which Fish are present or potentially present.

to

means a Stream in which Fish are present or potentially present if introduced barriers areeither removed or made passable for Fish.

3. Non Fish Bearing Stream

Similar to the rational above, the follow minor amendment is proposed.

Non Fish Bearing Streammeans a Stream that is not inhabited by Fish.

means a Stream that is not inhabited by fish, and provides water, food and nutrients to adownstream Fish Bearing Stream or other body of water.

4. Small Scale Agriculture

As per the staff report and resolution by Council on September 8, 2009, Council resolved toallow chicken hens to be allowed as a permitted use within the Suburban zones within theZoning Bylaw.

RC09/579"That the issue of keeping chicken hens in residential areas be considered as part of the newlyproposed zoning bylaw as an accessory agricultural use, on lots that are designated as

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27

suburban or larger (minimum .88 acre)."

To this end, "poultry" was added as a permitted use as defined by Small Scale Agriculture. Toclarify the intent of what is to be permitted, it is suggested that the word "poultry" be amendedto "chicken hens".

5. Urban Agriculture

Since this issue was resolved by Council resolution RC09/579 and that Urban Agriculture is nota permitted use in any zone, the definition has become redundant within the zoning bylaw.

Language Clarification

1. Section 104 Part B. 2

Lot Area, Width and Frontage

The intent of the changes to this section was to reduce the number of variances occurring to aspart of lot creation and rezoning processes. To allow greater flexibility, and to create bettersubdivisions with the new lot regulations, a minor amendment to the language needs to beimplemented.

The language currently states that for pie-shaped or irregular lots, the minimum lot width shallbe measured at a point 6.0 metres back from the front lot line. The geometry of this calculationis such that it is almost impossible to create regular lot lines without a variance. Because theintent of this section was to create regular lot lines without variances, a measurement at themidway point or 20.0 metres back is recommended. Therefore, the language should read:

"2. Lots of irregular Shape

a. For pie-shaped or irregular shaped lots, frontage may be reduced below theminimum prescribed width by 50%, provided the minimum frontage is met at the midpoint of the depth of the lot or 20.0m back from the front lot line, whichever is less,"

2. Section 108 Part C. 5.

The intent of this part of the bylaw is to allow some flexibility to the developer in terms ofadjusting Streamside Protection and Enhancement Areas (SPEA) where conditions exist that

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would not permit a SPEA to be dedicated without going through the formal variance process.The existing bylaw states:

"Notwithstanding Section 108, Part C, in determining a Streamside Protection andEnhancement Area, the Approving Officer may vary the boundaries of a Streamside Protectionand Enhancement Area in circumstances where the establishment of the StreamsideProtection and Enhancement Area pursuant to the criteria in Section 108, Part C.3 isunfeasible, with the determination made under the following factors:

a. biophysical conditions;b. existing parcel sizes;c. existing roads, trails, works or services;d. proposed roads, trails, works and services needed to provide access or services tootherwise developable land or to connect to existing roads, trails, works or services;

and where opportunities to maintain and enhance the total net area within the StreamsideProtection and Enhancement Area can occur, as indicated by the example shown in Figure108.3 below."

The issue with clarity is with the word "vary'; the implication with the word is that the applicantmust apply for a variance when a simple minor adjustment is required. The recommendedamendment is to change the word "vary" to "adjust" so that the bylaw reads:

"Notwithstanding Section 108, Part C, in determining a Streamside Protection andEnhancement Area, the Approving Officer may adjust the boundaries of a StreamsideProtection and Enhancement Area in circumstances where the establishment of theStreamside Protection and Enhancement Area pursuant to the criteria in Section 108, Part C.3is unfeasible, with the determination made under the following factors:

a. biophysical conditions;b. existing parcel sizes;c. existing roads, trails, works or services;d. proposed roads, trails, works and services needed to provide access or services tootherwise developable land or to connect to existing roads, trails, works or services;

and where opportunities to maintain and enhance the total net area within the StreamsideProtection and Enhancement Area can occur, as indicated by the example shown in Figure108.3 below,"

3. Section 109 Part C. Parking Space Sizes

A minor amendment to the Parking Space Sizing and maneuvering Aisle table is recommended toaccommodate building and parking lot design. Where the requirement for aisle width ispredominantly 6.5 m (21.3 ft) except where parking is proposed at a 90 degree angle. it isproposed that compact car parking could allow a maneuvering aisle to be reduced to 6.5 m (21.3ft) from 7.0 m (23 ft) wherever the lot or building proposes to place the stalls. Therefore, thefollowing minor amendment is recommended:

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From :

1. The minimum dimensions for a parking space and associated maneuvering aisle shah be asfollows:

Parking Angie Width of Length of Width of Aisle Traffic(in degrees) Parking Space Parking Space Direction90 2.6 m (8.5 ft) 5.5 m (18.0 ft) 7.0 m (23 ft) Two way

90 2.6 rn (8.5 ft) 5.5 m (18.0 ft) 6.5 m (2 -1.3 ft) Two way -within Building

90 Compact 2.5 m (8.2 ft) 5.0 m (16.4 ft) 7.0 m (23 ft) Two way

60 2.6 m (8.5 ft) 5.5 m (18.0 ft) 6.5 m (21.3 ft) Two way

60 Compact 2.6 rn (8.5 ft) 5,0 m (16.4 ft) 6.5 m (21.3 ft) Two way

45 2.6 m (8.5 ft) 5.5 m (18,0 ft) 6.5 m (21.3 ft) Two way

45 Compact 2.7 m (8.9 ft) 5.0 m (16.4 ft) 6.5 m (21.3 ft) Two way

180 (parallel) 2.6 m (8.5 ft) 6.7 m (22.0 ft) 6.5 m (21.3 ft) Two way

To:

1. The minimum dimensions for a parking space and associated maneuvering aisle shall be asfollows:

Parking Angle Width of Length of

Width of Aisle Traffic(in degrees)

Parkinq Space Parkinq Space Direction90 2.6 m (8.5 ft) 5.5 rn (18.0 ft) 7.0 m (23 ft) Two way

90 2.6 m (8.5 tt) 5.5•m (18.0 ) 6.5 m (21.3 ft) Two way-within Building

Two way90 Compact 2.5 rn (8.2 ft) 5.0 m (15,4 ft) 6 5 ii (21.3 ft)

60 2,6 m (8.5 ft) 5.5 m (18.0 ft) 6.5 m (21.3 ft) Two way

60 Compact 2.6 m (8.5 ft) 5.0 m (16.4 ft) 6.5 m (21.3 ft) Two way

45 2.6 m (6.5 ft) 5.5 rn (18.0 ft) 6.5 m (21.3 ft) Two way

45 Compact 2,7 m (8.9 ft) 5.0 m (16.4 ft) 6.5 m (21.3 ft) Two way

180 (parallel) 2.6 m (8.5 ft) 6.7 m (22.0 ft) 6.5 m (21.3 ft) Two way

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4. Section 111 Part A. Fencing

The intent of this part of the bylaw was to regulate fence heights within front yards for anumber of reasons including:

Crime Prevention Through Environmental Design,is Sight line safety for both pedestrians and vehicles, andT, Promote safer streets by having eyes on the street.

While the bylaw does accomplish this in Part A, the regulations were intended for the urbanareas only. In this regard, to clarify the intent of this section, it is suggested that the followingamendment be included within the bylaw:

From:

1. Unless otherwise provided in this Bylaw, the following shall apply to all zones:a. No fence shall be constructed on a Lot to a Height exceeding:

i. 1.9m (6.2 ft), orii. 1.2m (4.0 ft) when it is located within a required Front Yard or Side Yard on aflanking street.

To:

1. Unless otherwise provided in this Bylaw, the following shall apply to all Urban zones:a. No fence shall be constructed on a Lotto a Height exceeding:

i. 1.9m (6.2 ft), orii. 1.2m (4.0 ft) when it is located within a required Front Yard or Side Yard on aflanking street.

Zone Specific Amendments

1. The Industrial Automobile Repair Zone (INAR), which was previously the M-3A zone, wasintended to allow for automobile repair uses in order for Council to manage locations ofautomobile repair shops due to their perceived noise and other nuisances. The previous M-3Azone also allowed for all other listed uses within the M3 zone. This condition was not carriedover to the new zoning bylaw and in order not to remove uses from any property, it issuggested that the following amendment be considered:

Add to INAR zone under Part B. Permitted Uses:

"3. The following Principal Uses and no other shall be permitted in the INAR zone provided noAutomotive uses exist on the lot:

a. Food and Beverage limited to:i. industrial Cafe.

b. Industrial limited to:i. Light industry,ii. Warehouse Uses, andiii. Transportation Industry.

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c. Service limited to:i. Appliance Repair,ii. Beverage Container Return Centre,iii. Call Centre,iv. Dog and Cat Daycare Kennel,v. Driving School,vi. Funeral Parlour and/or Memorial Service Facility,vii.General Service Use, andviii. Taxi Dispatch.

4. The following Accessory Uses and no other shall be permitted in the 1NAR zone providedno Automotive uses exist on the lot:

a. Office limited to:i. Administrative Office Use - provided the Use is limited to a maximum of 50%of Floor Area of the Principal Use.

b. Retail limited to:i. Retail Store - provided the retailing of products are manufactured orwholesaled within the business premises, limited to a maximum of 30% of theFloor Area of the Principal Use or 450 sq m (4,843.8 sq ft), whichever is less.

c. Storage limited to the following:i. Enclosed Storage, andii. Outdoor Storage - provided the Use is for finished products which aremanufactured on the Site.Ali Outdoor Storage operations shall:• Not exceed 50% of the Floor Area of a Principal Use in size.• Not include storage of material or goods likely to produce or give off dust or

other particulate matter that may become wind-borne.• Not exceed 2.0 m in height, from Finished Grade.• Not be located within 3.0 m of a Lot fine adjoining a Street.• Be located only on that part of a Lot surfaced with dust-free material.• Be bounded on all sides not adjacent to a Building or Structure by a fence of at

least 1.8 m (6.0 ft) in Height constructed and maintained in a manner tocompletely screen storage from view from public Streets, the fence shall befronted by a Landscaped Area 1.5 m (4.9 ft) wide containing a minimum ofone tree, for every 9.0 linear m (29.5 ft) of fence. Each tree shall have aminimum size of 6.0 cm (2.4 in) caliper.

5. The following Conditions of Use apply to all permitted uses for a site:a. All Principal Uses shall be located completely within an enclosed Building except for:

i. Outdoor Storage."

The above amendments mirror the uses allowed in the Industrial Light Impact Zone (INL1) andkeep the intent of the previous M-3A zone intact.

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2. Section 1004 industrial General (ING) and Industrial General Commercial (INGC) Zones

The intent of these zones is to allow a range of industrial, uses ranging from heavy industry tolight industry and not impose many restrictions in terms of use. To this end, it is recommendedto add the following uses to the Permitted Principal uses:

i. Auction - WholesaleH. Light Industryiii. Warehouse

This change in uses allowed would make the ING and INGC zones more permissive to lighter,less impactful uses and is seen as allowing greater flexibility for the property owners toencourage cleaner uses on the site.

Additionally, the "commercial outdoor recreation" use was inadvertently left out of the INGZone when uses were divided up into a clear more pronounced categorization. Thisessentially has put the Mission Raceway Park into a legal non-conforming situation which wasnot the intent of the bylaw. Therefore, it is recommended the following principal use be addedto the ING zone.

b. Recreation, in the ING zone only, limited to:

i. Commercial Outdoor Recreation

Summary

While the above amendments seem numerous, the overall effect adds clarity and betters the overallusability of the new Zoning Bylaw.

Barciay D. Pitkethly, MCPDeputy Director of Planning •

GACOMDEV\BARCLArLoW RepartaMmina Byaiw Amendments RO9-012.cipc

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