Rezoning Development Permit

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City of Surrey PLANNING & DEVELOPMENT REPORT File: Rezoning Development Permit Proposal: Rezone from RA, C-8 and CD to CD. Development Permit to permit commercial retail units, eating establishment and drive-through restaurant. Recommendation: Approval to Proceed Location: 7870/7910-120 Street; 12038/46/52/62-80 Ave OCP Designation: Commercial LAP Designation: Retail Comm, Multiple Res Med. Rise Zoning: RA, C-8, CD (By-law No. 9634) and CD (By law No. 8737 Siddoo Kashmir Holdings

PROJECT TIMELINE Completed Application Submission Date: March 14, 2005 Application Revision & Re-submission Date: July 12, 2005 Planning Report Date: July 25, 2005 The applicant is proposing: a rezoning from RA, CD and C-8 to CD; and a Development Permit in order to permit the development of commercial retail units, eating establishments and drive-through restaurant.

The Planning & Development Department recommends that: 1. a By-law be introduced to rezone the property from "One-Acre Residential Zone (RA)" (By-law No. 12000), "Community Commercial Zone (C-8)" (By-law No. 12000), "Comprehensive Development Zone (CD)" (Bylaw No. 9634) and "Comprehensive Development Zone (CD)" (By-law No. 8737) to "Comprehensive Development Zone (CD)" (By-law No. 12000) and a date be set for Public Hearing. 2. Council authorize staff to draft Development Permit No. generally in accordance with the attached drawings (Appendix III). 3. Council instruct staff to resolve the following issues prior to final adoption: (a) (b) (c) (d) (e) ensure that all engineering requirements and issues including restrictive covenants, and rights-of-way where necessary, are addressed to the satisfaction of the General Manager, Engineering; submission of a subdivision layout to the satisfaction of the Approving Officer; submission of a finalized tree survey and a statement regarding tree preservation to the satisfaction of the City Landscape Architect; submission of a landscaping cost estimate to the specifications and satisfaction of the City Landscape Architect; and resolution of outstanding design and access issues to the satisfaction of City staff. 4. redesignate the site in the Newton Local Area Plan from "Retail Commercial" and "Multiple Residential Medium Rise" to "Retail Commercial" before final adoption of the Rezoning By-law. REFERRALS Engineering: Parks: Fire Department: Corporation of Delta: The Engineering Department has no objection to the project subject to the completion of an acceptable Traffic Impact Study and Engineering servicing requirements as identified in the attached (Appendix IV). No concerns (Appendix V). Garbage containment to be 10 ft. away from combustible walls or non-combustible materials (Appendix VI). Concerns. Corporation of Delta has concerns with 120 Street access as shown (Appendix VIII). SITE CHARACTERISTICS Existing Land Use Site is mainly vacant and devoid of vegetation. A carwash is located on the south side of the subject lands. East: On the south portion of the site and directly adjacent to the site is an existing townhouse complex, zoned RM-45. Across 120A Street there is medium to high density residential, zoned CD,

designated Multiple Residential in the OCP. South: South of the subject site is a commercial development and a townhouse development, zoned C-8 and RM-45, designated Commercial and Multiple Family in the OCP. West: Across 120 Street, Corporation of Delta commercial and residential. North: Northwest of the subject site, at the southeast corner of the intersection of 80 Avenue and 120 Street, is a vacant property and a 7-11 convenience store, zoned C-4 and C-8. Across 80 Avenue to the north is a gas station under LUC No. 21 and a commercial building zoned CD. PLAN AND POLICY COMPLIANCE OCP Designation: LAP Designation: Complies. Partially complies. The site is designated Retail Commercial and Multiple Residential Medium Rise. The proposed development required redesignation of the entire site to Retail Commercial in the Newton Local Area Plan. DEVELOPMENT CONSIDERATIONS Background The subject site is located generally at the corner of 120 Street (Scott Road) and 80 Avenue. It is comprised of six lots that total 3.93 hectares (9.72 acres). The site has frontage on three roadways: 120 Street, 80 Avenue, and 120A Street. The subject site is designated Commercial in the Official Community Plan and Retail Commercial and Multiple Residential Medium Rise in the Local Area Plan. Current zoning on the site consists of RA, C-8, and two CD Zones prepared under the City's previous Zoning By law (By-law No. 5942). Both of the CD By-laws permit Commercial at this location. The majority of the subject site is currently undeveloped and vacant lots. The southern portion is developed, but underutilized with a car wash and unleased commercial unit. The site is directly adjacent to a residential development on its southern and southeastern boundary. Across 120A Street there are also established residential developments. The existing zoning governing the six parcels permits a range of commercial and residential development. The commercial zones, however, limit the size of individual retail stores to a maximum floor area of 900 square metres (9,688 sq.ft.). In previous years, development proposals on various portions of the subject site have included a 10,713 square metre (115,000 sq.ft.) shopping centre with 336 parking stalls (File No. 5696-0256-00) and a multi-family residential project consisting of two 4-storey apartment buildings of 74 and 117 units, respectively (File No. 5694-0059-00). The proposed commercial development was closed at the request of the applicant and never considered by Council. The residential project was granted Third Reading by Council on June 16, 1997 but did not proceed due to economic circumstances. The most recent application was for a Wal-Mart store (File No. 7999-0104-00). The application was denied by Council in February 2000.

Land Use Rationale and Site Context The subject property is designated Commercial in the Official Community Plan. The Commercial designation permits the "Community Commercial Zone (C-8)" which allows for a wide range of retail, office and other commercial uses to a maximum floor area ratio of 0.8. The proposed development does not expand the Commercial Designation along the Scott Road corridor and is in keeping with the OCP policy of maintaining nodal commercial development at the major intersections of Scott Road with 64 Avenue, 72 Avenue and 80 Avenue. Similar types of commercial development are found along both the Surrey and Delta sides of Scott Road including the Strawberry Hill Shopping Centre at 72 Avenue and the commercial development on the north side of 80 Avenue. Immediately to the north of the site, along Scott Road, is a vacant parcel zoned for commercial development and a 7-Eleven store at the southeast corner of 80 Avenue and Scott Road. Residential uses in the form of apartments and townhouses are located to the east and south of the subject site. Proposed CD Zone The CD Zone for this development is based on the Community Commercial Zone (C-8) in the Surrey Zoning Bylaw, with the following exceptions: Drive-through restaurants and drive-through financial institutions are permitted uses; and Childcare centres, community services uses, assembly halls and dwelling units have been excluded as uses from the site. All other aspects of the C-8 Zone are included in the CD Zone including the minimum 7.5 metre (25 ft.) building setbacks. Tree Preservation MFG Horticultural Inc. (Mike Fadum) undertook a Tree Preservation Assessment of the site. There are nine mature trees on site and one is being proposed for removal due to its condition. The site also has an existing hedgerow along the southern boundary. This hedgerow forms an existing buffer between the residential area and the subject site. This hedgerow will be maintained and enhanced with this development proposal. The proposed landscaping for the site has approximately 410 trees. The landscaping plans will be finalized with the finalization of the site plan and design. PRE-TIFICATION Pre-notification letters were sent on March 7, 2005. There were 1,126 pre-notification letters sent. Staff received 8 phone calls and 1 letter. Staff received the following comments: The City should ensure that the development is architecturally pleasing and attractive, and that the businesses are established retail outlets. There were concerns expressed about signage, appearance and colour, and the development be consistent in appearance.

(The development will reflect a unified appearance in all design elements. Several landscaping elements have been added and optimized in order to provide an aesthetically pleasing atmosphere. Established retailers, such as Mark's Work Wearhouse and Canadian Tire, have been proposed for the development and we will work with them to ensure that their design fits into the overall vision of the centre.) Concerns were expressed about noise and light pollution on neighbouring residential sites. Particular concern was expressed that there should be no loading/unloading at night adjacent to the residential area and that there should be landscaping and fencing to mitigate any noise impacts. (The landscaping has been designed in such a way to act as a buffer against increased noise. There are also several screening elements throughout the centre that will eliminate excess noise spillage into surrounding areas. Exterior parking lot lighting will be designed so that there will be no spillage onto the surrounding residential areas. Exterior building lighting will be located so as not to spill onto surrounding residential areas.) Traffic congestion on 80 th and 120 Street was expressed as a concern related to the proposed development. (A Traffic Impact Study is being undertaken to ensure that traffic created from the site does not exceed what was expected from this commercial-designated site. To eliminate concerns raised in regard to traffic safety, we have added raised pedestrian crosswalks and changed the shape of the driveway through the development to slow traffic acceleration and to discourage short-cutting.) Concern about increased crime in the area due to the proposed development. (Through strategic site planning and landscaping, nuisance behaviour will be easily visible thereby deterring criminal activity.) Interest in incorporating some green space on the site due to the lack of green space in the northwest corridor. Referral to Delta (The site will be landscaped and over 400 trees will be planted on the site. Future plans for the immediate area include a large green space directly north of 80 Avenue approximately a block east of this site. ) Due to the site's location on 120 Street adjacent to Delta, the Corporation of Delta was sent a notification referral along with the preliminary traffic review submitted by the applicants' consultant, Bunt & Associates. As a result of the referral, Delta has raised issues related to traffic and the proposed southbound left turn lane into the site at the Scott Road access. As a result of the issues raised by Delta, a traffic impact study was prepared by Bunt & Associates. Revisions to the Study are currently being undertaken by the applicant's consultant. The applicant is required to finalize the Study to the City's satisfaction. However it is noted the proposed access and turning movements have been accepted by Delta for previous rezoning applications of the site. DESIGN PROPOSAL AND REVIEW The development proposal consists of five buildings with a total of 11,161 square metres (120,140 square feet) generally located on the periphery of the site with the parking area central to all the buildings (455 parking spaces provided). The buildings are shown as Buildings A through E on the site plans attached in Appendix III.

The anchor tenant is proposed as Canadian Tire (Building A), with a 6,642 square metre (71,500 square foot) building at the southern end of the site. It is 9.75 metres (32 feet) in height. A full 7.5 metres (25 feet) of landscaped area and high fence between Canadian Tire and the residential areas will provide a substantial buffer. The Canadian Tire Building will have the automotive centre and loading areas adjacent to 120 Street and the Garden Centre/Frost House located adjacent to the landscaped buffer on the east portion of the site. Building C is proposed as a 1,131 square metre (12,175 square foot) Mark's Work Wearhouse commercial retail. It is 7.3 metres (24 feet) in height. This building is adjacent to 120A Street. There is a full 7.5 metre (25 foot) landscaped area between this building and the residential area. In addition, the loading area has been proposed on the opposite side of this building to minimize the noise for the adjacent residences. Building B, adjacent to 120A Street and 80 Avenue, is a commercial retail building with 2,155 square metres (23,205 square feet) of floor area, and 8.4 metres (27.5 feet) in height. No tenants have been identified. Building D is adjacent to 120 Street. This building is being proposed as a restaurant, potentially a Keg Steakhouse. It has 760 square metres (8,180 square feet) and is 9.5 metres (31 feet) in height. Building E is adjacent to 80 Avenue. It is the drive-through restaurant with 471 square metres (5,071 square feet) of floor area and 8.4 metres (27.5 feet) in height. The tenant has not been identified. The applicant as provided 455 parking spaces on the whole site. This will result in 281 stalls for Lot 1 (with Canadian Tire and Marks Work Wearhouse), and 174 parking stalls for Lot 2 (Buildings, B, C and E). There is a truck only access at the most southerly portion of the site along 120 Street. This access is intended to provide a direct right-in for trucks to the loading area at the west end of the Canadian Tire building. Further access points include a right-in/right-out access to 120 Street directly north of Canadian Tire, a right-in/rightout/left-in access at 120 Street at the mid-point of the site, directly across from a similar access for a shopping centre in Delta, a right-in/right-out access on 80 Avenue, and an all-directional access on 120A Street. Pedestrian movement on the site is facilitated by well-connected pedestrian sidewalks through the site with raised pedestrian crosswalks over the drive aisles. To increase the pedestrian friendly nature of the site, a gazebo with concrete seat wall has been added to the centre of the site, seating benches have been included, and a plaza type of corner feature with raised planters is being proposed for the corner of 120A Street and 80 Avenue. Building materials include concrete and painted metal siding for Canadian Tire, and acrylic stucco and cultured stone works with columnar accents for the remaining buildings. Warm and neutral (beige and brown) tones are being used to interface with the residential areas. ADVISORY DESIGN PANEL ADP Meeting Date: May 26, 2005 Some of the ADP suggestions have been satisfactorily addressed except the following which will be addressed before final approval: Canadian Tire loading area and Scott Road frontage landscaping needs reworking; Parking area fronting Scott Road needs landscaping wrapping in and along cars along the pedestrian roadway; Parking lot lighting details to be provided and resolved (glare issues for residential areas);

Canadian Tire needs to tie in with the other buildings in terms of materials, form and character; Elevations need further development; and, Signage needs to be resolved. INFORMATION ATTACHED TO THIS REPORT The following information is attached to this Report: Appendix I. Appendix II. Appendix III. Appendix IV. Appendix V. Appendix VI. Appendix VII. Appendix VIII. Appendix IX. Appendix X. Lot Owners, Action Summary and Project Data Sheets Contour Map Proposed Subdivision Layout, Site Plan, Typical Floor Plans and Elevations, Landscape Plans and Perspective Engineering Summary Parks Comments Fire Department Summary of Tree Survey and Tree Preservation Corporation of Delta ADP Comments and Applicant's Response CD By-law INFORMATION AVAILABLE ON FILE Detailed Engineering Comments dated July 22, 2005. Tree Survey Plan dated June 27, 2005. Arborist Report dated March 7, 2005. Tree Preservation and Replacement Plan dated March 7, 2005. Soil Contamination Review Questionnaire prepared by Ravinder Siddoo dated December 14, 2004 TW/kms v:\wp-docs\planning\plncom05\07190819.tw.doc KMS 7/25/05 12:30 PM Murray Dinwoodie General Manager Planning and Development APPENDIX I Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: Aaron Vornbrock, Urban Design Group Address: 600-1140 West Pender

Vancouver, B.C. V6E 4G1 Tel: 604-687-2334 2. Properties involved in the Application (a) Civic Address: 7870 and 7910-120 Street; 12038, 12046, 12052 and 12062-80 Avenue (b) Civic Address: 7870-120 Street Siddoo Kashmir Holdings PID: 0666-238-483 Lot 1 Section 19 Township 2 New Westminster District Plan 73324 (c) Civic Address: 7910-120 Street Siddoo Kashmir Holding PID: 014-922-304 Lot 1 Section 19 Township 2 New Westminster District Plan 82872 (d) Civic Address: 12938-80 Avenue Siddoo Kashmir Holding PID: 009-535-781 West 136 Feet Lot 3 Except: Parcel "B" (Reference Plan 16769) Section 19 Township 2 New Westminster District Plan 11489 (e) Civic Address: 12046-80 Avenue Siddoo Kashmir Holding PID: 009-535-900 Parcel "B" (Reference Plan 16769) West 136 Feet, Lot 3 Section 19 Township 2 New Westminster District Plan 11489 (f) Civic Address: 12052-80 Avenue Siddoo Kashmir Holding PID: 009-535-951 Lot 3 Except: Firstly: The West 136 Feet Secondly: The East 73 Feet (Explanatory Plan 14900) Thirdly: Parcel "A" (Reference Plan 16482); Section 19 Township 2 New Westminster District Plan 11489 (g) Civic Address: 12062-80 Avenue Siddoo Kashmir Holding PID: 009-535-837 Parcel "A" (Reference Plan 16482) Lot 3 Except part By-law Plan 83128 Section 19 Township 2 New Westminster District Plan 11489 3. (a) Introduce a By-law to rezone the property. SUBDIVISION DATA SHEET Proposed Zoning: CD

Requires Project Data GROSS SITE AREA Acres Hectares Proposed 9.74 ac (39,417 sq.ft.) 3.94 ha NUMBER OF LOTS Existing 6 Proposed 2 SIZE OF LOTS Range of lot widths (metres) Range of lot areas (square metres) 100 m 1.546 ha and 2.391 ha DENSITY Lots/Hectare & Lots/Acre (Gross) Lots/Hectare & Lots/Acre (Net) SITE COVERAGE (in % of gross site area) Maximum Coverage of Principal & Accessory Building 26% Estimated Road, Lane & Driveway Coverage 56% Total Site Coverage 82% PARKLAND Area (square metres) % of Gross Site Required PARKLAND 5% money in lieu YES TREE SURVEY/ASSESSMENT MODEL BUILDING SCHEME HERITAGE SITE Retention BOUNDARY HEALTH Approval DEV. VARIANCE PERMIT required Road Length/Standards Works and Services Building Retention Others YES DEVELOPMENT DATA SHEET Required Development Data Minimum Required / Maximum Allowed Proposed/Existing Zoning: CD Proposed

LOT AREA* (in square metres) Gross Total 39,435 m² Road Widening area 1,131 m² Undevelopable area 0 Net Total 38,304 m² LOT COVERAGE (in % of net lot area) 26% Buildings & Structures 56% Paved & Hard Surfaced Areas 82% Total Site Coverage SETBACKS ( in metres) 7.62 m Front 7.62 m Rear 7.62 m Side #1 (South) n/a Side #2 (N,S,E, or W) 7.62 m Side #3 (North) BUILDING HEIGHT (in metres/storeys) Principal 9.75 m Accessory NUMBER OF RESIDENTIAL UNITS n/a Bachelor One Bed Two Bedroom Three Bedroom + Total FLOOR AREA: Residential n/a FLOOR AREA: Commercial Retail 11,161 m² Office Total 11,161 m² FLOOR AREA: Industrial n/a FLOOR AREA: Institutional n/a TOTAL BUILDING FLOOR AREA 11,161 m² * If the development site consists of more than one lot, lot dimensions pertain to the entire site. Development Data Sheet cont'd Required Development Data Minimum Required / Maximum Allowed Proposed DENSITY # of units/ha /# units/acre (gross)

# of units/ha /# units/acre (net) FAR (gross).28 FAR (net).29 AMENITY SPACE (area in square metres) Indoor Outdoor PARKING (number of stalls) Commercial 361 455 Industrial Residential Bachelor + 1 Bedroom n/a 2-Bed 3-Bed Residential Visitors Institutional Total Number of Parking Spaces 455 Number of disabled stalls 14 Number of small cars 89 Tandem Parking Spaces: Number / % of Total Number of Units Size of Tandem Parking Spaces width/length Heritage Site Tree Survey/Assessment Provided YES MULTIPLE BUILDINGS DATA SHEET Page 6 Proposed/Existing Zoning Required Development Data Building A Building B Building C Building D Building E SETBACK (in metres) Front 10.8 m* 7.62 m 7.62 m 16 m 7.6 m Rear 7.62 m 12.9 m 119.6 m 98 m 100 m Side #1 South 7.62 m 7.62 m 7.62 m North 8 m East 54 m Side #2 East 88.2 m West 64 m East 8.7 m South 9.3 m West 12 m Side #3 Building Height (in metres/storeys) NUMBER OF RESIDENTIAL UNITS/ SIZE RANGE Bachelor 9.75/1+ 9.07.1 6.4/1 85/1 7.9/1 n/a n/a n/a n/a n/a

One Bedroom Two Bedroom Three Bedroom + TOTAL FLOOR AREA 6,642 m² 2,156 m² 1,131 m² 743 m² 471 m² APPENDIX II CONTOUR MAP FOR SUBJECT SITE