~~~ ABBOTSFORD COUNCIL REPORT. Report No. EDP January 13, 2012 File No: /R10-021

Transcription

1 ~~~ ABBOTSFORD Report No. EDP January 13, 2012 File No: /R COUNCIL REPORT Regular Council To: From: Subject: Mayor and Council Mark Neill, Senior Planner Rezoning of the "Chances" property for a Community Gaming Centre Use, located at Peardonville Road (Owner: Abby Properties Ltd., INC No ; Directors: A. Fox, T. Nellis, N. Payne, and R. Yelle) RECOMMENDATIONS 1. THAT Report No. EDP , dated January 13, 2012, from the Senior Planner, regarding a Community Gaming Centre rezoning application for the property located at Peardonville Road, be received; 2. THAT Bylaw No , cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 656", to amend the text of Section 120 'Definitions' to include "Community Gaming Centre Use" and "Casino Use', delete "Casino Management Use' and "Casino Management Group A", and amend the text of the Light Industrial Zone (11) Section to allow a "Community Gaming Centre Use" at Peardonville Road, be given first reading and advanced to Public Hearing on February 20, 2012, subject to securing the applicant's voluntary offer before adoption; and 3. THAT, as a condition of final reading, restrictive covenant registered on title under instrument No. BB be discharged and replaced with a new covenant to allow additional slot machines within the existing footprint and gross floor area of the "Chances" building located at Peardonville Road, and to provide meeting rooms for use by community groups at no charge. BACKGROUND This application is for a text amendment to the Zoning Bylaw to allow a "Community Gaming Centre Use" for the subject property that is zoned Light Industrial Zone (11) as noted in proposed Bylaw No (Appendix 1). In addition, this proposed text amendment bylaw would provide new definitions in the Zoning Bylaw for "Community Gaming Centre Use" and "Casino Use" to reflect current BC Lottery Corporation provisions and to clearly distinguish between these categories of gaming facilities. Existing definitions "Casino Management Use" and "Casino Management Use Group A' are proposed to be deleted. Accompanying this Zoning Bylaw text amendment is a proposed covenant that would limit the number of slot machines to the existing building and secure the meeting rooms for use by community groups at no charge. At the June 13, 2011 Executive Committee meeting, staff was instructed to prepare bylaw amendments when development issues and issues of funding for items not budgeted by the City were resolved, namely: a) a restrictive covenant being registered on the property title limiting the number slot machines to the existing building and securing meeting rooms for use by community groups at no charge

2 Report No. EDP Page 2 of 4 By letter dated July 28, 2011, the applicant offered to take the necessary action to resolve the above-noted issues. Playtime currently operates the existing Chances gaming facility in Abbotsford located at Peardonville Road. The company also operates facilities in Campbell River, Nanaimo, Courtenay, Victoria, Township of Langley and Penticton. The Abbotsford facility currently has 125 slots and 186 electronic bingo terminals. The applicant is proposing to reduce the bingo area and increase the number of slot machines within the footprint of the existing building. It is anticipated that up to 300 slot machines could be accommodated within the existing building. The existing and proposed floor plans are illustrated in Figures 2 and 3. As a condition of rezoning a restrictive covenant is required to provide the legal framework for limiting the number of slot machines t6 the existing building (approximately 2,283m 2 ) and secure meeting rooms to be used by community groups at no charge. This covenant is required to be secured as a condition of final reading and is attached as Appendix 2. Gaming facilities in British Columbia are regulated by the Province through the BC Lottery Corporation, with statutory requirements set out in the "Gaming Control Act" and the "Gaming Control Regulation". Staff note that the BC Lottery Corporation only allows slot machines in certain legal gaming venues (casinos, community gaming centres and race tracks) and does not permit slot machines in any other location in the province, including pubs and bars. The BC Lottery Corporation decides where slot machines are located, but cannot introduce or add slot machines into a gaming facility without the prior approval of the local government. The local government must not give approval until community input has been sought and considered pursuant to the Gaming Control Act and Gaming Control Regulation. Correspondence dated January 16, 2012 from the BC Lottery Corporation (Appendix 3) states: "BCLC's assessment of the Abbotsford market has led BCLC to recommend that additional slot machines be introduced at the Chances Abbotsford Community Gaming Centre (approximately 50 new slots). On October 15, 2007, the Council of the City of Abbotsford approved the operation of a Community Gaming Centre and as part of that decision, approved a Restrictive Covenant which limits Chances Abbotsford to 125 slot machines. As additional slot machines will exceed this number, BCLC respectfully requests that the city of Abbotsford amend or remove its Restrictive Covenant on the permitted number of slot machines. This will provide the City, BCLC and our Partners with the operational flexibility it requires to respond to market demand." The applicant hosted a public information meeting on April 14, 2011 in the basement of the MSA Society for Community Living building located at 2391 Crescent Way. A summary provided by Playtime indicates a total of three members of the community attended the meeting in addition to the applicant, business owners (Abby Properties Ltd.), the Mayor, four members of Council and City staff. Council may decide to allow the Public Hearing for the proposed rezoning bylaw. This Public Hearing would also serve as the public input process required under the Gaming Control Act. L :IR 1 OIR IEDP doc 52

3 Report No. EDP Page 3 of 4 Once Council has considered BL No , a separate resolution is required for the BC Lottery Corporation either endorsing or not endorsing the application. If Council decides to support the proposal, a resolution similar to the following must be adopted. "THA T, pursuant to Section 19 of the Gaming Control Act, Council has considered and ENDORSED the request by Playtime Gaming Centres Inc. to add additional slot machines within the existing building having a gross floor area of 2,283 square metres at Peardonville Road; and further That staff be authorized to forward this resolution and relevant background information (including minutes and written submissions provided at the public hearing) to the British Columbia Lottery Corporation. " FINANCIAL PLAN IMPLICATION As a host municipal government, the City will receive from the Provincial Government a 10% share of the net gaming revenue generated at the Chances Gaming Centre. During 2010, the City received $817, from this establishment. Local Governments may use these funds in any way to benefit their communities. With expanded facilities, the revenue to both the City and the charities is anticipated to increase. STRATEGIC DIRECTIONS No Strategic Directions plan implications are anticipated. COMMUNICATION PLAN If supported by Council, the rezoning bylaw will proceed to its Public Hearing on February 20, 2012 as requested by the applicant. The City will notify in writing the owners and occupiers of land within a 100 meter radius of the property. Two separate advertisements for the above noted rezoning bylaw is required for the Public Hearing and will be published in the City Page of the local newspaper. The ad will be for the proposed Bylaw No , to allow text amendments for new definitions in the Zoning Bylaw to create "Community Gaming Centre use" and Casino Use" and a further text amendment to the Light Industrial Zone (11) to allow a community gaming facility use for the subject property. SUMMARY This proposal is to expand the Community Gaming Centre operation at Peardonville Road by allowing additional slot machines within the existing building. Bylaw No contains the proposed text amendments to the zoning bylaw to define "Community Gaming Centre Use" and "Casino Use", delete "Casino Management Use" and ' Casino Management Use Group A', and amends the text of the Light Industrial Zone (11) Section to allow a "Community Gaming Centre Use" at Peardonville Road. The existing covenant document that limits the number of gaming machines in this facility to 125 slot machines and 192 personal play bingo gaming machines is proposed to be discharged. The proposed replacement covenant (Appendix 2) allows for a L:\R 1 OlR IEDP doc -53-

4 Report No. EDP Page 4 of 4 maximum number of slot machines limited to the amount that can be contained in the existing footprint and gross floor area of the Chances gaming facility building at Peardonville Road. This covenant will also include provisions for community groups to use meeting rooms in the Chances building at no charge. ~ \) I. I \ ' Jt1~~~ General Manager Economic Development & Planning Services Ma Neill. MCIP Senior Planner MD: L:lR 1 OIR EDP doc - 54-

5 FIGURE 1 LOCATION ADDRESS: APPLICANT:. ~ ABBOTSFORD Peardonville Road PT Peardonville Ventures Arthur Villa - contact Development Services Department Development Approvals FILE NO I R January

6 ; ~ I I I I!II, I I,,..., I - - I!II '. -.' ~ II I, I I I!II ~ ij J ' il14f!!, H Ii ij fi4i ~O "'" &O~S tl C OO co ~ ~ Ii: S~ - -~ liim S~ ~.!II 13 13!!J, N FIGURE 2 EXISTING FLOOR PLAN ADDRESS: APPLICANT:. ~ ABBOTSFORD Peardonville Road PT Peardonville Road Arthur Villa - contact Development Services Department- Development Approvals FILE NO I R January 13,

7 [j!'l!'l!'l -.!'l!'l I 3 -!. c,!'l!!'l!'l!'l n ~~(;:.':~ ~\~"\ \... ;. A N FIGURE 3 PROPOSED FLOOR PLAN ADDRESS: APPLICANT: Peardonville Road PT Peardonville Road Arthur Villa - contact ~A ABBOTSfORD Development Services Department - Development Approvals FILE NO_ I R January

8 CITY OF ABBOTSFORD ABBOTSFORD ZONING BYLAW, 1996, AMENDMENT BYLAW NO. 656 Bylaw No R The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 656". 2. AMENDMENTS Abbotsford Zoning Bylaw, 1996, as amended, is further amended by: (a) deleting and replacing the Definitions of "CASINO MANAGEMENT USE" and "CASINO MANAGEMENT USE GROUP A", with the following: "CASINO USE means a premises: (i) used or intended for use, whole or in part, for the purpose of conducting and managing a gaming business pursuant to paragraph 207 of the Canadian Criminal Code: (ii) licensed under all applicable enactments; and (iii) with table games, slot machines or electronic devices, excluding video lottery terminals, which are expressly prohibited; (#99-03)"; and (b) adding the Definition of "COMMUNITY GAMING CENTRE USE" after the definition "COMMERCIAL SCHOOL", with the following : "COMMUNITY GAMING CENTRE USE means the use of premises contracted by the Province of British Columbia that are permanent facilities for paper and electronic bingo games, electronic gaming devices or other lottery schemes, but that also include at least one slot machine as provincially authorized by the British Columbia Lottery Corporation, as well as Club Keno, and does not include a Casino Use". 3. AMENDS SPECIAL USE AND DENSITY PROVISIONS Abbotsford Zoning Bylaw, 1996, as amended, is further amended in Section 150 SPECIAL USE AND DENSITY PROVISIONS by deleting and replacing Section with the following: " Unless specified in Section , all video gambling machines and playeroperated sales terminals, including slot machines, video lottery terminals, and Club Keno utilizing player-operated sales terminals are prohibited in any Bingo Hall Use, Cabaret Use, Casino Use, Community Gaming Centre, Licenced Premises, and Neighbourhood Public House." -58-

9 CITY OF ABBOTSFORD ABBOTSFORD ZONING BYLAW, 1996, AMENDMENT BYLAW NO. 656 Bylaw No R AMENDS LIGHT INDUSTRIAL ZONE (11) Abbotsford Zoning Bylaw, 1996, as amended, is further amended in Section Permitted Uses by adding the words "Community Gaming Centre Use', with the following: "Community Gaming Centre Use, limited to: the lot described as Lot 1 Section 24 Township 13 NWD Plan LMP34910 Except Plan BCP33641 and known municipally as Peardonville Road". READ A FIRST TIME this APPROVED by the Minister of Transportation and Infrastructure this PUBLIC HEARING HELD this READ A SECOND TIME this READ A THIRD TIME this ADOPTED this, 2012,2012,2012,2012,2012,2012 R. Bruce Banman Mayor William Flitton City Clerk - 59-

10 APPENDIX 2 LAND TITLE ACT FORM C (Section ) [no\i.\. 233} Province of British Columbia GENERAL INSTRUMENT - Part I (This area for Land Title Office Use) Page I of 8 pages I. APPLICATION: (Nallle, addre..., phone nulliher and signature of applicant, applicant 's solicilor or agent) Signature of applic(lf1i. app/icol1/ 's solicitor or agenl Civic No. <>, PARCEL IDENTlFlER(S) AND LEGAL DESCRIPTlON(Sl OF LAND:' (PID) rlegal DESCRIPTION) Lot 1 Section 24 Township 13 NWD Plan LMP EXPECT PLAN BCP NATURE OF INTEREST:' DESCRIPTION DOCUMENT REFERENCE (page and paragraph) PERSON ENTITLED TO INTEREST SEE SCHEDULE 3 4. TERMS : Part 2 of this instrument consists of (seleci one onlv) (al Filed Standard Charge Terms D.F. No. (b) Express Charge Temls X Annexed as Part 2 (el Release There is no Part 2 of this instrument A se1ection of (a) includes any additional or modified tenns referred 10 in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item TRANSFEROR(S):*SEE SCHEDULE 6. TRANSFEREE(S): [including poslol address(es) and postal coders)} CITY OF ABBOTSFORD, SOUTH FRASER WAY, ABBOTSFORD, B.C, V2T 1 W7 7. ADDITIONAL OR MODIFIED TERMS:' N /A 8. EXECUTION(S):** Thi s in~trumenl crcales, assigns. mod ifies. en larges, discharges or governs the priority Clfthe interest(s ) describt."d in 'tern 3 and the Tran sferor(s) and ewiy other signatory agn' t." 10 be bound by this instrument. and acknowledgel s) receipt of a true copy of the fil ed SL2ndard chargt!eons. if any. Officer Signature(s) Execution Date Y M D Transferor(s) Signature(s) ABBY PROPER TIES LTD. by its authorized signatories: Print Name: Print Name: OFFICER CERTIFICATION: Your signature constitutes a representation thai you arc a so licitor. notary public, or other person authorized by the E\'idence Aer. R.S.B.C. 1996, c. 12.:1. to take affidavits for use in British Columbia and certifies the matters set ou l in Pan 5 of the Land Title Act as they penain to the execution of th is instrument... If space in su fficient. enter "SEE SCHEDULE"' and attach schedule in Fonll E.... If space insufficient continue executiom on additi onal page(s) in Fonn D. -60-

11 LAND TITLE ACT FORMC (Section ) [now s. 233} Province of British Columbia GENERAL INSTRUMENT - Part I (This area for Land Title Office Use) Page I of 8 pages I. APPLI CA TI ON: (Name, oddress, phone number and signature of applicant, applicant 's solicitor or agent) Signature of applicant, app/icant 's solicitor or agent Civic No. <> 2. PARCEL IDENTIF1ER(S) AND LEGAL DESCRIPT10N(S) OF LAND:' (PlD) (LEGAL DESCRIPTION) Lot I Section 24 Township 13 NWD Plan LMP349I 0 EXPECT PLAN BCP NATURE OF INTEREST:* DESCRIPTION DOCUMEN T REFERENCE (page and paragraph) PERSON ENTITLED TO INTEREST SEE SCHEDULE 4. TERMS: Part 2 of this instrument consists of (select one only) (a) Filed Standard Charge Terms ~ D,F. No. (b) Express Charge Terms X Annexed as Part 2. (c) Release There is no Part 2 of this instrument A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item TRANSFEROR(S):*SEE SCHEDULE 6. TRANSFEREE(S): [including posta/ address(es) and posta/ code rs)} CITY OF ABBOTSFORD, SOUTH FRASER WAY, ABBOTSFORD, B.C., V2T I W7 7. ADDITIONAL OR MODIFIED TERMS:* N/A 8. EXECUTION(S): ** This instrument creates, assigns, modifies. enl arges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by th is instrument. and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any. Officer Signature(s) Execution Date Y M D Transferor(s) Signature(s) ABBY PROPERTIES LTD. by its authorized signatories: Print Name: Print Name: OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public, or olher person authorized by the Evidence Act, R.S.B. C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in PartS of the Land Title Act as they pertain to the execution of this instrument. * Ifspace insufficient, enter "SEE SCHEDULE" and attach sched ule in Form E. If space insufficient, continue executions on addit ional page(s) in Form D. -61-

12 LAND TITLE ACT FORMD EXECUTIONS CONTINUED Page 2 of 8 pages as to the signature of William Flitton only. Officer Signature(s) Execution Date Y M D Transferor/TransfereelBorrowerl Party Signature(s) CITY OF ABBOTSFORD, by its Authorized signatory(ies) R. BRUCE BANMAN, MAYOR WILLIAM FLITTON, CITY CLERK CANADIAN IMPERIAL BANK OF COMMERCE by its Authorized signatory(ies) Print Name: Print Name: OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public, or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pel1ain to the execution of this instrument. -62-

13 LAND TITLE ACT FORME SCHEDULE Page 3 of 8 pages ENTER THE REQUIRED INFORM A TION IN THE SAME ORDER AS THE INFORMATION MUST APPEAR ON THE FREEHOLD TRANSFER FORM, MORTGAGE FORM OR GENERAL DOCUMENT FORM 3. NATURE OF INTEREST: Description Document Reference (page and paragraph) Person Entitled to Interest Section 219 Covenant Pages 1 to 6 Priority agreement granting Page 7 Section 219 Covenant _ priority over Mortgage No. BA And Assignment of Rents No. BA City of Abbotsford City of Abbotsford 5. TRANSFEROR(S): ABBY PROPERTIES LTD. (Inc. No ) CANADIAN IMPERIAL BANK OF COMMERCE (as to priority) -63-

14 Page 4 of 8 pages TERMS OF INSTRUMENT - PART 2 COVENANT (Section 219 Land Title Act) THIS AGREEMENT made the September, 2007; BETWEEN: AND: WHEREAS: ABBY PROPERTIES LTD. (Incorporation No ) West Georgia Street Vancouver, B.C., V6B 5A I (the "Grantor") CITY OF ABBOTSFORD South Fraser Way Abbotsford, British Columbia V2T IW7 (the "City") A. The Grantor is the owner in fee-simple ofthat certain parcel or tract of land and premises, situate, lying and being in the City of Abbotsford, in the Province of British Columbia, and more particularly known and described as: Parcel Identifier: Lot I Section 24 Township 13 New Westminster District Plan LMP34910 Except Plan BCP33641 (the "Lands"); B. Section 219 of the Land Title Act, R.S.B.C. 1996, c. 250 permits the registration of a covenant of a positive or negative nature in favour of the City of Abbotsford in respect to the use of land or the use of a building on or to be erected on the land; C. The City wishes to limit the number of slot machines and personal play bingo gaming machines which may be used and operated within the bingo hall facility located on the Lands; -64-

15 Page 5 of 8 pages D. The Grantor desires to grant, and the City agrees to accept this covenant on the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that pursuant to Section 219 of the Land Title Act, and in consideration of the premises and the mutual covenants and agreements contained herein and the sum often ($10.00) Dollars now paid to the Grantor by the City (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto covenant and agree each with the other as follows: I. THE GRANTOR COVENANTS AND AGREES with the City: (a) (b) (c) (d) That the Lands and any buildings on or to be constructed on the Lands shall only be built upon and used in accordance with this covenant; That the Grantor shall not at any time carryon a casino, community gaming centre or bingo hall use, as those terms are defined in the City's Zoning Bylaw, or operate any other type of gaming facility on the Lands except in strict accordance with the this Agreement. Without limiting the generality of the foregoing the Lands may contain a community gaming centre or bingo hall facility provide such does not contain any gaming table games or more slot machines that can be accommodated in the existing footprint of the building located on the Lands as of the date of execution of this Agreement, being 2,283 square metres floor area and 192 personal play bingo gaming machines; That the Grantor shall not construct any building or make any exterior addition, alteration or modification to the existing buijding(s) on the Lands without first obtaining a development permit from the City authorizing such construction, addition, alteration or modification; To save harmless and indemnify the City, its officers, invitees, licensees, employees, servants and agents harmless from and against all actions, causes of action, losses, damages, costs, claims, debts, injurious affection, and demands whatsoever and by any person, whether known or unknown, which has arisen or may arise out of or in any way due directly or indirectly to the granting or existence of this Agreement including: (i) (ii) any breach of any covenant or agreement on the part of the Grantor contained in this Agreement or any steps taken by the City to enforce this Agreement upon a breach by the Grantor or to obtain redress in respect of any such breach; and any injury to persons, including bodily injury and death or damage to or a loss of property on or about the Lands; and (e) To do or cause to be done, at the expense of the Grantor, all acts reasonably necessary to grant priority to this Agreement over all charges and encumbrances which may have been registered against the title to the Lands in the Lower -65-

16 Page 6 of 8 pages Mainland Land Title Office, save and except those specifically approved m writing by the City or in favour of the City. 2. IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the parties hereto that: (a) (b) (c) (d) the City has made no representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Grantor other than those contained in this Agreement; nothing contained or implied herein shall prejudice or affect the rights and powers of the City in the exercise of its functions under any public and private statutes, by-laws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Grantor; in addition to this agreement being contractual in nature, the covenants set forth herein shall charge the Lands pursuant to Section 219 of the Land Title Act and shall be covenants the burden of which shall run with the Lands. It is further expressly agreed that the benefit of all covenants made by the Grantor herein shall accrue solely to the City and that this Agreement may be modified by agreement of the City with the Grantor, or discharged by the City, pursuant to the provisions of Section 219 of the Land Title Act; wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require; ( e) this Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and 'assigns; (f) (g) (h) the parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement; this Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia; and if any section, subsection, sentence, clause or phrase in this Agreement is for any reason held to be invalid by decision of a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Agreement. -66-

17 Page 7 of 8 pages 3. The Grantor acknowledges that the building on the Lands contains meeting rooms and hereby covenants and agrees to make those meeting rooms available, at no charge, to community groups for at least 60 hours per week, during regular hours of operation. IN WITNESS WHEREOF the parties hereby acknowledge that this agreement has been duly executed and delivered by executing the Forms C and D attached hereto. -67-

18 Page 8 of 8 pages PRIORITY AGREEMENT CANADIAN IMPERIAL BANK OF COMMERCE Holder of Mortgage No. BA and Assignment of Rents No. BA (together, the "Charges") In consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, Canadian Imperial Bank of Commerce, being the holder of the encumbrances or entitled to the liens or interests referred to above (the Charges), hereby grants, approves of, joins in and consents to the granting of the within agreement and covenants, and agrees that the same shall be binding upon its interest in or charge upon the said Lands, and shall be an encumbrance upon the said Lands prior to the above-noted Charges in the same manner and to the same effect as if it had been dated and registered prior to the above-noted Charges. IN WITNESS WHEREOF the Canadian Imperial Bank of Commerce hereby acknowledges that this agreement has been duly executed and delivered by executing the Form D attached hereto. END OF DOCUMENT L:\R JO\R J \Legal Oocumenls\2 J 9 covtnant--abb Bingo Hall -s lots3.doc -68-

19 APPENDIX 3 January 16, 2012 tdelc playing it right His Worship Bruce Banman Mayor City of Abbotsford South Fraser Way Abbotsford, BC V2T lw7 Dear Mayor Banman: British Columbia Lottery Corporation (BCLC) is the agent of the Crown responsible for the conduct and management of casino gaming, community gaming, bingo gaming and lotteries in the province of British Columbia. BCLC's service partner, Play1ime Community Gaming, has been the operator of Chances Abbotsford, a Community Gaming Centre (CGC) with 125 slot machines since June 18, In addition 73 local non-profit groups as members of the Abbotsford Bingo Association own a 30% equity share of the land and buildings and receive a monthly income as a result of this interest Virtual Way V;::ncC'uv&r, Be. VSM GAB 6C $ As part of its responsibilities, BCLC forecasts the gaming marketplace in regions throughout the Province. BCLC is seeking to build upon the success of its CGC program by increasing the geming entertainment options available to its customers. To enhance this focus on its players, BCLC requires the flexibility to provide a greater variety of slot machines/games. BCLC's assessment of the Abbotsford market has led BCLC to recommend that additional slot machines be introduced at the Chances Abbotsford Community Gaming Center (approximately 50 new slots). On October 15, 2007, the Council of the City of Abbotsford approved the operation of a Community Gaming Centre and as part of that decision, approved a Restrictive Covenant which limits Chances Abbotsford to 125 Slot machines. As additional slot machines will exceed this number, BCLC respectfully requests that the City of Abbotsford amend or remove its Restricted Covenant on the permitted number of slot machines. This will provide the City, BCLC and our Partners with the operational flexibility it requires to respond to market demand. -69-

20 Page 2 BCLC would be pleased to meet at your convenience to discuss this request. Should you have additional questions for BCLC, please contact Greg Walker, Manager of Public Affairs at Sincerely, Jim Lightbody Vice President, Casino & Community Gaming cc: Michael Graydon, President CEO, BCLC Tom Nellis, President Playtime Gaming, Playtime Community Gaming Frank Pizzuto, City Manager, City of Abbotsford - 70-

21 CITY OF ABBOTSFORD ABBOTSFORD ZONING BYLAW, 1996, AMENDMENT BYLAW NO. 656 Bylaw No R The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Abbotsford Zoning Bylaw, 1996, Amendment Bylaw No. 656'. 2. AMENDMENTS Abbotsford Zoning Bylaw, 1996, as amended, is further amended by: (a) deleting and replacing the Definitions of "CASINO MANAGEMENT USE" and "CASINO MANAGEMENT USE GROUP A', with the following: "CASINO USE means a premises: (i) used or intended for use, whole or in part, for the purpose of conducting and managing a gaming business pursuant to paragraph 207 of the Canadian Criminal Code: (ii) licensed under all applicable enactments; and (iii) with table games, slot machines or electronic devices, excluding video lottery terminals, which are expressly prohibited; (#99-03)"; and (b) adding the Definition of "COMMUNITY GAMING CENTRE USE" after the definition "COMMERCIAL SCHOOL", with the following: "COMMUNITY GAMING CENTRE USE means the use of premises contracted by the Province of British Columbia that are permanent facilities for paper and electronic bingo games, electronic gaming devices or other lottery schemes, but that also include at least one slot machine as provincially authorized by the British Columbia Lottery Corporation, as well as slot machines and Club Keno, and does not include a Casino Use". 3. AMENDS SPECIAL USE AND DENSITY PROVISIONS Abbotsford Zoning Bylaw, 1996, as amended, is further amended in Section 150 SPECIAL USE AND DENSITY PROVISIONS by deleting and replacing Section with the following: " Unless specified in Section , all video gambling machines and playeroperated sales terminals, including slot machines, video lottery terminals, and Club Keno utilizing player-operated sales terminals are prohibited in any Bingo Hall Use, Cabaret Use, Casino Use, Licenced Premises, and Neighbourhood Public House." 71 -

22 CITY OF ABBOTSFORD ABBOTSFORD ZONING BYLAW, 1996, AMENDMENT BYLAW NO. 656 Bylaw No R AMENDS LIGHT INDUSTRIAL ZONE (11) Abbotsford Zoning Bylaw, 1996, as amended, is further amended in Section Permitted Uses by adding the words "Community Gaming Centre Use", with the following: "Community Gaming Centre Use, limited to: the lot described as Lot 1 Section 24 Township 13 NWD Plan LMP34910 Except Plan B.CP33641 and known municipally as Peardonville Road". READ A FIRST TIME this APPROVED by the Minister of Transportation and Infrastructure this PUBLIC HEARING HELD this READ A SECOND TIME this READ A THIRD TIME this ADOPTED this, 2011, 2011,2011,2011,2011,2011 George W. Peary Mayor William Flitton City Clerk -72 -