Sunbury Neighbourhood Association

DRAFT Minutes of the REGULAR MEETING of Delta Municipal Council held Monday, May 30, 2005 at 7:00 p.m. at the Kennedy House Seniors' Recreation Centre, Main Hall, 11760 - 88th Avenue, Delta, B.C.

 

PRESENT:                Mayor Lois Jackson, Chair

                                    Councillor Robert Campbell

                                    Councillor Krista Engelland

                                    Councillor Guy Gentner

                                    Councillor Scott Hamilton

                                    Councillor Vicki Huntington

                                    Councillor Bruce McDonald

 

ALSO PRESENT:     George Harvie              Chief Administrative Officer

                                    John DuMont                Director of Human Resources and Corporate

                                                                           Planning

                                    Kip Gaudry                    Director of Community Planning and                                                                   Development

                                    Ken Kuntz                      Director of Parks, Recreation and Culture

                                    Ian Radnidge                Director of Engineering

                                   

 

MUNICIPAL               Gil Mervyn                     Municipal Clerk

CLERKS OFFICE:   Diane Steinberger       Committee Clerk

 

 

 

EVENING SESSION

ANNOUNCEMENTS

By Mayor Jackson:

 

Mayor Jackson extended condolences to the family, friends and coworkers of Constable Steve Parker who recently passed away at the age of 44 years.  A memorial service in celebration of his life and honouring his service to Delta was held earlier in the day.

A memorial service was also held earlier this day for Dan Schweers, a Delta citizen who served our community through his commitment to Delta's youth by his involvement with baseball in North Delta.

 

 

 

SPECIAL RECOGNITION

North Delta Air Cadets

Mayor Jackson welcomed members of North Delta Air Cadets, Squadron 819, who were in attendance to be recognized for their participation in a project at Delta's Earthwise Garden.

 

As part of a Canada-wide program to teach youth environmental awareness and stewardship, Squadron 819 assisted for a day at Delta's Earthwise Garden.  Mayor Jackson congratulated the cadets for their environmental leadership by participating in this initiative, as well as providing a valuable service to the community.

 

 

Agenda Endorsement

MOVED By Cllr. Hamilton,

SECONDED By Cllr. McDonald, THAT the Agenda for the Committee of the Whole be endorsed.

CARRIED UNANIMOUSLY

Resolve into Committee of the Whole

MOVED By Cllr. Engelland,

SECONDED By Cllr. Huntington, THAT this meeting now resolve into Committee of the Whole.

CARRIED UNANIMOUSLY

 

B.  DELEGATIONS / PRESENTATIONS

Restrictive Covenant – 25 Georgia Wynd (B.01)

Report by the Community Planning and Development Department dated May 17, 2005 regarding Restrictive Covenant – 25 Georgia Wynd (King).  (File: LU05060)

Correspondence from Marilynn King dated April 2, 2005 (On Table)

Presentation:

Kip Gaudry, Director of Community Planning and Development, provided an overview of Marilynn King's request to have a restrictive covenant registered on the title of her property to ensure protection of a stand of trees in perpetuity.

 

The owner stated this was one proactive method of environmental stewardship, and public awareness of this initiative could promote similar requests. 

 

It was also commented many property owners remove trees to facilitate property maintenance.   Ms. King suggested this natural resource could be protected by offering assistance to those individuals who are unable to maintain their trees, such as some of Delta's senior citizens.

--    Recommendations Endorsed

MOVED By Cllr. Hamilton,

 

 

A.      THAT the proposed restrictive covenant for tree protection be prepared by the Municipal Solicitor and registered on the title of the subject property

 

B.      THAT the legal document preparation fee of $500 for the Restrictive Covenant, and $550 application fee be waived in this instance.

 

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

 

CARRIED UNANIMOUSLY

 

 

North Delta Transportation Issues (B.02)

Memorandum from the Director of Engineering dated May 27, 2005 regarding River Road, South Fraser Perimeter Road and the Sunbury Neighborhood update.  (File: 6.5.4.501.7.14)

Sunbury Neighbourhood Association presentation and background material; and additional notes provided On Table.

Presentation:

Ian Radnidge, Director of Engineering, provided an overview of the project's history to date, noting the South Fraser Perimeter Road (SFPR) is a project of the Provincial Gateway Program.  River Road was identified as part of the Major Regional Network, requiring approval from TransLink relative to changing truck regulations. 

 

Delta's actions taken to address public concerns regarding the truck traffic on River Road were reviewed.  TransLink did not support a total truck prohibition, and a response to Delta's request for a nighttime prohibition is pending.  Enforcement of this corridor has been increased, and traffic signal timings have been reviewed and improved. 

 

Tim Murphy, Manager of Roads & Transportation, provided an overview of several options developed by Creative Transportation Systems, a firm retained by Delta to study access options between the SFPR and the residential neighbourhoods in North Delta.  It was stated staff support the avoidance of direct connections from River Road to the SFPR, noting local roads are generally not connected directly to freeway class roadways.

 

Mr. Radnidge advised the Provincial Gateway Program has been requested to consider alternative cross sections for this section of the SFPR, including a tunnel option through North Delta.  Gateway has verbalized a commitment to work directly with the Sunbury Neighbourhood Association towards the mitigation of all concerns. 

 

Next steps would include updating the Provincial Gateway Program with community and Council commentary, noting specifically that direct access to the Sunbury/Annieville neighbourhoods was not supported. 

Delegation:

Pat Lavery, Sunbury Neighbourhood Association

Don Hunt, Sunbury Neighbourhood Association

 

Ms. Lavery identified the socio-community impacts of the proposed South Fraser Perimeter Road and noted several areas of concern such as air quality and climate change; light and noise abatement; health issues; neighbourhood livability; and traffic volume and safety.  Socio-economic concerns included the destruction of some of North Delta's only waterfront view property, and the potential negative impacts on the value of remaining properties.

 

Ms. Lavery emphasized the need to ensure neighbourhood input relative to the location and design of the SFPR, and the importance of mitigating community concerns.

 

Mr. Hunt emphasized the need to ensure the Provincial Government implements measures to protect Delta's archaeological history, specifically the Glenrose Cannery site, one of the oldest available sites in the world. 

 

Mr. Hunt also commented on the responsibility of the Provincial and Federal Governments to adequately stand behind their environmental protection designations and policies that were initiated to protect North Delta's Habitat, much of which has been red listed i.e. highest priority for protection.  Mr. Hunt stated alternative siting and design mitigation must be pursued to the maximum extent possible to protect this irreplaceable habitat. 

 

Mr. Hunt referred to the rich heritage of the properties located in the proposed SFPR area, and the many heritage homes that would either be expropriated or devalued by being close to, or under, a freeway.

 

Mr. Hunt encouraged the exploration of other alternatives, such as tunneling, in the context of overall cost, construction, environment, socio-economic impacts, and long term capacity and performance efficiency.   He reiterated that decisions should not be made solely on construction costs, and must ensure the protection of Delta's assets. 

Speaker

Following the delegation, Mr. Larry Reed, a resident on River Road, provided information relative to a recent Gateway meeting.   He reported meeting commentary as follows:

-         Burlington National Railroad (BNR) have initiated a study relative to double tracking, i.e. highway being built over railway;

-         No access routes through Delta without consent;

-         Construction will not commence for 4 – 5 years; and

-         If BNR successful, highway link with River Road would be before the cannery site.

 

--    Motion Endorsed

MOVED By Cllr. Gentner, THAT staff be directed to schedule a Council workshop with the Executive Members of the Sunbury Neighbourhood Association before summer; and that Gateway staff be invited to participate in this session.

CARRIED UNANIMOUSLY

--    Motion Endorsed

MOVED By Cllr. Hamilton, THAT a letter be prepared for the Mayor's signature to the Greater Vancouver Regional District requesting that an Air Quality Monitoring Station be positioned on River Road to provide baseline air quality information for this corridor.

CARRIED UNANIMOUSLY

--    Motion Endorsed

MOVED By Cllr. Gentner, THAT the presentation by the Sunbury Neighbourhood Association be referred to Gateway for consideration and response.

CARRIED UNANIMOUSLY

--    Motion Endorsed

MOVED By Cllr. Campbell, THAT a letter be prepared for the Mayor's signature to Gateway stating Council's opposition relative to any options for River Road access from the proposed South Fraser Perimeter Road between the boundaries of Elevator Road and Centre Street.

CARRIED UNANIMOUSLY 

 

MOVED By Cllr. Gentner, THAT, in principle, the design concept of terracing of the South Fraser Perimeter Road not be supported.

--    Motion Postponed

MOVED By Cllr. Gentner, THAT consideration of the Main Motion be postponed pending further discussion with the Sunbury Neighbourhood Association.

CARRIED UNANIMOUSLY

--    Motion Endorsed

MOVED By Cllr. Campbell, THAT the option of a cover over the roadway of the proposed South Fraser Perimeter Road through North Delta is supported to address sound and light attenuation concerns; and to provide greenspace opportunities, such as bicycle paths, along the roadway.

CARRIED UNANIMOUSLY

 

 

Rise from Committee of the Whole

MOVED By Cllr. Gentner, THAT the Committee of the Whole now rise and that the regular order of business be resumed.

CARRIED UNANIMOUSLY

--    Resolutions       Endorsed

MOVED By Cllr. Gentner,

SECONDED By Cllr. Hamilton, THAT the resolutions made by the Committee of the Whole on the 30th day of May, 2005 be adopted as resolutions of Council.

CARRIED UNANIMOUSLY

 

C.  RECEIPT AND APPROVAL OF MINUTES

Receipt and Approval of Minutes (C.01)

MOVED By Cllr. Gentner,

SECONDED By Cllr. Engelland, THAT the Minutes of the Regular Meeting of May 16, 2005 be received and adopted as circulated.

CARRIED UNANIMOUSLY

Notice of Reconsideration

Councillor Huntington provided Notice of Reconsideration of the May 16, 2005 Council resolution pertaining to the relocation of the historic net shed at 4259/4267 River Road West to Wellington Point (Item F.07).

Receipt of Advisory Committee Minutes (C.02)

MOVED By Cllr. Engelland,

SECONDED By Cllr. Huntington, THAT the following Minutes of the Advisory Committees be received for information.

-          Standing Committee on Finance – March 17, 2005

-          Traffic and Safety Advisory Committee – May 4, 2005

-          Boundary Bay Airport Advisory Committee – May 11, 2005

CARRIED UNANIMOUSLY

 

D.  UNFINISHED BUSINESS / VERBAL UPDATES

Delta Hospital (D.01)

Verbal update by the Chief Administrative Officer regarding Delta Hospital.

 

The Chief Administrative Officer advised there was no new information to report relative to Delta Hospital.

 

E.  BYLAWS

 

BYLAWS FOR FIRST AND SECOND READINGS AND REFERRAL TO PUBLIC HEARING

Delsom Estates (E.01)

Report by the Community Planning and Development Department dated May 27, 2005 regarding Official Community Plan Amendment, Rezoning, Road Closure and Subdivision - 84 Avenue (Delsom Estates)  (File: LU04061/LU04216 & B/L's 6387, 6388 & 6393)

Correspondence from Cheryl and Greg Stafford dated May 29, 2005  (On Table)

Presentation:

Kip Gaudry, Director of Community Planning and Development, identified the 100-acre site, and noted the key design principle of the project was sustainability.  Public consultation for the proposal commenced in May 2004.

 

Thomas Leathem, Manager of Long Range Planning, provided an overview of the Official Community Plan (OCP) amendment component for this proposal, and the applicable policies.

 

Mr. Leathem detailed the public consultation process to date, and reviewed the special designations created to reflect the unique nature of the Delsom development.   The proposed development would include a mix of single-family and multi‑family residential, commercial and seniors' housing and parks/open space.

 

Mr. Leathem reviewed the proposed 5,000 sq. ft. commercial development.   An independent study was commissioned by Delta to determine potential impacts to existing commercial space.  The results of the study indicated it would not have a negative impact on the existing Nordel shopping area as North Delta is underserved relative to commercial space.

 

Wally Semenoff, Manager of Development, detailed the permitted uses and densities of the eight subcategories of the proposed Comprehensive Development Zone.

 

Ian Radnidge, Director of Engineering, commented on the access strategy to the development.   In response to concerns from nearby residents, an access point at 84th Avenue and 108th Street has been agreed upon, with further details to be discussed with the developer.

 

Ken Kuntz, Director of Parks, Recreation and Culture, commented on the park components of the development, noting a central feature of a 5-acre park.   He advised there are a total of 12 acres dedicated to greenspace, and further details relative to the park components would be available following completion of the Master Plan.

 

In response to Council, the Director of Community Planning and Development, stated the higher density was in exchange for the inclusion of more green spaces.  In addition, it was noted the area was considered a transition zone from single-family residential to higher density living.

Meeting Extended

MOVED By Cllr. Gentner,

SECONDED By Cllr. Hamilton, THAT the meeting be extended to 10:20 p.m.

CARRIED UNANIMOUSLY

 

MOVED By Cllr. Gentner,

SECONDED By Cllr. McDonald,

 

A.   THAT first and second readings be given to Bylaw No. 6387, 2005.  (This bylaw would amend “The Corporation of Delta Official Community Plan Bylaw No. 3950, 1985” by amending the designation and the development permit guidelines for the Delsom Estates properties, to allow development of a Medium Density Residential community with a village commercial centre, based on sustainability principles.

 

B.   THAT the Official Community Plan, as amended, be confirmed as being consistent with the Current Financial Plan, and the Liquid and Solid Waste Management Plans, as required by the Local Government Act.

 

C.   THAT first and second readings be given to Bylaw No. 6388, 2005.  (This bylaw would amend “Delta Zoning Bylaw No. 2750, 1977” to rezone the Delsom Estates properties to C.D.339-1 through C.D.339-8 and to P to permit the land to be developed for single family residential uses, townhouses, a private recreation amenity building, commercial uses, seniors housing, and public parks and pathways.)

 

D.   THAT first, second and third readings be given to “Road Closure and Cancellation Bylaw No. 6393, 2005”.  (This bylaw would close an 8,230 m2 portion of road (84 Avenue) created by Highway Plan 11235, and a 2,380 m2 portion of road (Richardson Gate) created by Plan 79636 for inclusion into the development proposal.)

 

E.   THAT a public notice be published in the local newspaper and posted on the Municipal Notice Board to notify the public of the proposed road closure and cancellation.

 

F.   THAT Development Variance Permit No. LU04216 be considered.  (This Development Variance Permit would waive the requirements of Section 914 of the Zoning Bylaw regarding special setbacks from the centre line of
84 Avenue and Dunlop Road.)

 

G.   THAT Bylaw Nos. 6387 and 6388 and the Development Variance Permit LU04216 be referred to a Public Hearing on June 16, 2005, in North Delta.

 

H.   THAT, in accordance with Section 944 (2) of the Local Government Act, proposed pie-shaped lots fronting on proposed cul-de-sacs and the two proposed park lots be exempted from the statutory minimum 10% lot perimeter frontage requirement, provided that the frontages are not less than 6.0 m.

 

I.     THAT a right-in and right-out access on Nordel Way be approved for the village commercial centre site subject to an acceptable design to the satisfaction of the Director of Engineering.

 

J.    THAT the owners satisfy the following requirements as a condition of final adoption:

 

1.      Enter into a master development agreement which provides:

a.      Road dedication, rights of way, vehicular, and pedestrian access improvements, street planting, and servicing to the satisfaction of the Director of Engineering;

b.      A geotechnical feasibility study to the satisfaction of the Director of Community Planning and Development, including the identification of steep slope areas where a detailed geotechnical review in accordance with Delta's Guideline for Geotechnical Requirements is necessary;

c.      Statutory rights-of-way for public access on certain pathways;

d.      A park dedication of not less than 5 hectares;

             e.   Design and security for park sites and pathways to the satisfaction of the Director of Parks, Recreation and Culture;

 

f.    Section 219 Restrictive Covenants with respect to: 

                                        i.      tree retention;

                                      ii.      prohibiting secondary suites;

                                    iii.      stipulating and implementing building design guidelines for single family residential developments;

                                     iv.      concurrent development commercial buildings and seniors' housing; and

                                       v.      providing a water meter on each lot.

 

2.    Determine the value of the road areas being closed and pay Delta for the land value added to the project;

3.      Resolve the status and disposition of 104 Street between Dunlop Road and Nordel Way and, if acquired, pay Delta for the land value; and

4.    With the approval of the Director of Community Planning and Development, retain the services of a consultant to review project plans and agreements.

 

K.   THAT all measures to protect trees on the subject site and on adjacent public property be reviewed and inspected by Delta staff and deemed acceptable prior to any soil removal, deposit or redistribution and construction.

 

L.    THAT the Municipality is authorized to transfer the roads closed by Bylaw No. 6393 to Delsom Estates Ltd. or its nominee upon adoption of the bylaw and agreement on the price and other terms associated with such transfer.

 

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

Meeting Extended

MOVED By Cllr. Gentner,

SECONDED By Cllr. Engelland, THAT the meeting be extended to 10:35 p.m.

CARRIED UNANIMOUSLY

 

CALL FOR DIVISION

--    Recommendations Endorsed

Question was called on Recommendations A and B.

CARRIED

Cllrs. Engelland and Huntington opposed

--    Recommendation C Amended

MOVED By Cllr. Gentner,

SECONDED By Cllr. Hamilton, THAT Recommendation C of the Main Motion be amended to read:

C.   THAT first and second readings be given to Bylaw No. 6388, 2005.  (This bylaw would amend “Delta Zoning Bylaw No. 2750, 1977” to rezone the Delsom Estates properties to C.D.339-1, to a maximum size of 3,552 sq. feet, in accordance with the existing cap applicable to North Delta, and C.D. 339-2 through C.D.339-8 and to P to permit the land to be developed for single family residential uses, townhouses, a private recreation amenity building, commercial uses, seniors housing, and public parks and pathways.)

CARRIED UNANIMOUSLY

--    Recommendation Endorsed as Amended

Question was called on Recommendation C as amended.

CARRIED

Cllrs. Engelland and Huntington opposed

 

 

--    Recommendations Endorsed

Question was called on Recommendations D, E, F, G and H.

CARRIED UNANIMOUSLY

--    Recommendation Defeated

Question was called on Recommendation I.

DEFEATED UNANIMOUSLY

--    Recommendation J Amended

MOVED By Cllr. Gentner,

SECONDED By Cllr. Hamilton, THAT Recommendation J subsection 1.a be amended to read:

a.            Road dedication, rights of way, vehicular, and pedestrian access improvements, street planting, and servicing to the satisfaction of the Director of Engineering, as directed by Council.

 

--    Recommendations Endorsed as Amended

Question was called on Recommendation J, as amended,  and Recommendations K, L, and M.

CARRIED UNANIMOUSLY

--    Bylaw 6387

MOVED By Cllr. Gentner,

SECONDED By Cllr. Campbell, THAT THE CORPORATION OF DELTA OFFICIAL COMMUNITY PLAN BYLAW NO. 3950, 1985 AMENDMENT (DELSOM – LU04061) BYLAW NO. 6387, 2005 be given First and Second Readings.

CARRIED

Cllrs. Engelland and Huntington opposed

--    Bylaw 6388

MOVED By Cllr. Gentner,

SECONDED By Cllr. Hamilton, THAT DELTA ZONING BYLAW NO. 2750, 1977 AMENDMENT (C.D. 339 – DELSOM ESTATES – LU04216) BYLAW NO. 6388, 2005 be given First and Second Readings as amended.

CARRIED

Cllrs. Engelland and Huntington opposed

--    Bylaw 6393

MOVED By Cllr. Campbell,

SECONDED By Cllr. Hamilton, THAT DELTA ROAD CLOSURE AND CANCELLATION (DELSOM ESTATES – LU04216) BYLAW NO. 6393, 2005 be given First, Second and Third Readings.

CARRIED UNANIMOUSLY

 

RESOLUTION TO TERMINATE

Terminate

MOVED By Cllr. Hamilton,

SECONDED By Cllr. Gentner, THAT this meeting now terminate.

CARRIED UNANIMOUSLY

 

The meeting terminated at 10:40 p.m.

 

Due to termination of the meeting, the following items will be considered at the June 13, 2005 Regular Council Meeting:

 

BYLAWS FOR FIRST, SECOND AND THIRD READINGS

 

E.02     Local Area Service - 111B St & Fuller Crescent

             – Bylaw 6298

 

F.  REPORTS

 

F.01    Final Adoption Bylaw 6257 – 7126 – 116 St.

F.02    New Applications Received

F.03    116th St. & 92nd Ave. Revitalization Project

F.04    2005 UBCM Resolutions

F.05    Ladner Pioneer Library

 

H.  CORRESPONDENCE

 

H.01    Municipal Fitness Challenge

H.02    Streamside Protection Regulation

H.03    Protection – White Sturgeon (Species at Risk Act)

H.04    Delta Recycling Society Earthwise

 

INFORMATION ITEMS

 

H.04a  “Board in Brief”

H.05    Correspondence for Information (External)

 

_______________________

Lois E. Jackson

Mayor 

CERTIFIED CORRECT:

_______________________

Gil Mervyn

Municipal Clerk