Tuesday, June 3, Council Chamber City Hall Avenue Surrey, B.C. Tuesday, June 3, 1997 Time: 7:00 p.m. A. ADOPTION OF MINUTES

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1 Tuesday, Council Chamber City Hall Avenue Surrey, B.C. Tuesday, Time: 7:00 p.m. Present: Absent: Staff Present: Mayor McCallum Councillor Eddington City Manager Councillor Villeneuve Councillor Watts City Clerk Councillor Lewin Deputy Clerk Councillor Caissie Councillors Entering Meeting H. Garner, Administrative Assistant Councillor Hunt During Progress: Councillor Higginbotham Councillor Robinson A. ADOPTION OF MINUTES 1. Regular Council - May 26, 1997 (a) (i) Regular Council Minutes - May 26, 1997 Corporate Report Item No. R1203 Secondary Suite Rezoning and Land Use Contract Discharge Applications for Mary Ellen Whyte at Street Council is requested to pass a resolution to amend the minutes by deleting " " and inserting " " RES.R That the Regular Council minutes of May 26, 1997, be amended by deleting " " and inserting " " (ii) Council is requested to pass a motion to amend RES.R on page 44 by deleting "Councillor Hunt" as the Mover of the motion and inserting "Councillor Lewin", and by deleting "Councillor Lewin" as the Seconder of the motion, and inserting "Councillor Hunt". That RES.R of the Regular Council minutes of May 26, 1997 be amended on page 44 by deleting "Councillor Hunt" as the Mover of the motion and inserting "Councillor Lewin", and by deleting "Councillor Lewin" as the Seconder of the motion, and inserting "Councillor Hunt".

2 RES.R (b) That the minutes of the Regular Council meeting held on May 26, 1997, be adopted, as amended. RES.R Regular Council - May 27, 1997 Seconded by Councillor Higginbotham That the minutes of the Regular Council meeting held on May 27, 1997, be adopted. RES.R Council-in-Committee - May 27, 1997 (a) It was Moved by Councillor Lewin That the minutes of the Council-in-Committee meeting held on May 27, 1997, be received. RES.R (b) The recommendations of these minutes were considered and dealt with as follows: Item No. C346 Surrey Community Improvement and Unsightly Property By-law File: That Council: 1. Approve the Community Improvement & Unsightly Property By-law, attached as Appendix "A" to this report (the "Proposed By-law"); and 2. Instruct the City Clerk to introduce the Surrey Community Improvement & Unsightly Property Bylaw. RES.R Item No. C347 Rosemary Heights Neighbourhood Concept Plan - West of 152 Street File: /1

3 That Council adopt the Stage 2 report of the Rosemary Heights West NCP subject to the following: That development within the NCP be allowed to proceed using an interim sanitary sewer solution, and having the ultimate system being constructed as Development Cost Charges allow. That development follow the Phasing Plan as proposed in the Stage 2 Report or the developer(s) prepare a revised phasing and financing plan to the Citys approval. That developments follow the servicing plan and road layout as proposed in the Stage 2 Report, or as revised by the applicant, to meet with the Citys approval. That it is understood that the report is based upon the best information currently available and costs estimated based upon this information. As such, solutions and costs may change as more details become available leading to revisions to Stage 2 report. That a Development Variance Permit be supported to allow a cul-de-sac length of 300 meters for 150 Street North of 34 Avenue, subject to sprinkling being provided. That financing of the NCP infrastructure will be provided by the developers with no funds being provided by the City other than Development Cost Charges collected from developers within the NCP. All developments must comply with all City By-laws, Standards, Specifications and Policies. RES.R Item No. C347.1 Stage 2 Final Report Rosemary Heights West Neighbourhood Concept Plan File: /1 That Council: 1. Approve the final and complete Neighbourhood Concept Plan (NCP) for Rosemary Heights West Neighbourhood (Appendix I); 2. Approve the arrangements, terms and conditions specified in the Rosemary Heights West Neighbourhood Concept Plan as a means of managing the development and general provision of services, amenities and facilities for this new neighbourhood; 3. Amend the Rosemary Heights Local Area Plan to reflect the recommendations contained in the Rosemary Heights West Neighbourhood Concept Plan;

4 4. Authorize staff to draft the following by-laws to implement the provisions of the Neighbourhood Concept Plan: a. an amendment to Zoning By-law, 1993, No , as amended, to enact the approved bonus density provision for the Rosemary Heights West Neighbourhood Concept Plan area; and b. an amendment to the City of Surrey Land Use and Development Application Fees Imposition By-law, 1993, No , as amended to authorize the payment of additional application fees to recover the costs of preparing the Rosemary Heights West Neighbourhood Concept Plan. RES.R Item No. C348 Proposed Zoning By-law Amendments - Implementation of Bill 57 File: That: 1. A base density as defined by one unit per acre or a floor area ratio ranging from 0.01 to 0.1 be approved for applicable zones as the basis for Step 1 Density bonusing. 2. Developments exceeding the base density in applicable zones be required to make amenity contributions to the City. 3. An amenity contribution of $750 per dwelling unit based on Step 1 Density Bonusing be approved for new residential developments in non-neighbourhood Concept Plan areas for the purpose of acquiring local and community facilities identified in the Parks & Recreation Master Plan; 4. Additional densities above the existing maximum densities be provided in the following nine Zones: RF-G, RM-15, RM-30, RM-45, RM-70, RM-135, C-8, C-15 and C-35 for Step 2 Density Bonusing; 5. Developments making use of Step 2 Density Bonusing be required to contribute to the City 50% of the increase in land value, accruing from the additional units or floor space over the existing maximum density, for amenities; 6. The amenity contribution from Step 2 Density Bonusing be reduced from 50% to 25% of the land value increment for applications submitted prior to May 1, 1998 as an incentive to encourage higher density developments; 7. The amenity contribution from Step 1 be reduced in accordance with a sliding scale in Schedule K of Appendix I as an incentive for applications received on or after May 1, 1998 for Step 2 Density Bonusing; 8. Step 2 Density Bonusing be permitted in all urban areas except South Surrey and areas with

5 approved Neighbourhood Concept Plans, unless bonusing above the existing maximum density in the Zoning By-law is specifically allowed in the Neighbourhood Concept Plan; 9. The amendments of Zoning By-law, 1993, No , attached as Appendix I, be approved to implement density bonusing; 10. The Amenity Capital Works Reserve Fund By-law, attached as Appendix II, be approved; and 11. The City Clerk be instructed to introduce the appropriate by-laws. RES.R Item No. C349 Heritage Register & Heritage Revitalization Agreement - Latimer Residence File: That: 1. The Latimer Residence, Street, be added to the Heritage Register. 2. The attached By-law be introduced as a heritage revitalization agreement for the Latimer Residence. RES.R Item No. C350 Heritage Conservation Statutes Amendment Act File: That Council: 1. Receive this report as information on the revised statutes with provisions for heritage conservation. 2. Establish a Surrey Heritage Register for properties with heritage significance, including those heritage properties as listed in Appendix E which have been designated for heritage conservation. 3. Direct the Heritage Advisory Committee to review the City's Heritage Inventory and other eligible properties with appropriate criteria and standards for inclusion in the Surrey Heritage Register. RES.R

6 B. DELEGATIONS 1. Surrinder Singh Nunrha Balvinder Kaur Nunrha Avenue ( ; ; ) Surrinder Singh Nunrha and Balvinder Kaur Nunrha were not in attendance to respond to a Section 936 Order regarding two vacant buildings located at Avenue which are considered a nuisance and hazardous to the community. That the Council of the City of Surrey hereby declares that the two vacant buildings located on Lot 20, Except: Part on Plan with By-law Filed A14399, Section 24, Block 5 North, Range 2 West, NWD, Plan being Avenue are a nuisance and hazardous to the community. It is hereby ordered that the said two vacant buildings be boarded up, the rear stairs of the dwelling be removed, and the accessory structure (playhouse) be demolished, and, if necessary, all debris removed from the site by the owners or agent of the owners within 60 days of service of this order upon them. It is further ordered that, should the owners or agent of the owners fail to comply with the aforesaid order within the said period of 60 days, the City of Surrey, by our own workmen or contractors, may enter on the land and board up the two vacant buildings, remove the rear stairs of the dwelling and demolish the accessory structure (playhouse) and, if necessary, remove the debris from the site at the expense of the owner and the charges for so doing, if unpaid by the owner on the 31st day of December of any year, shall be added to and form part of the taxes payable in respect of that land as taxes in arrears. RES.R C. COMMITTEE REPORTS 1. Environmental Advisory Committee - May 15, 1997 (a) Seconded by Councillor Lewin That the minutes of the Environmental Advisory Committee meeting held on May 15, 1997, be received. RES.R (b) The recommendations of these minutes were considered and dealt with as follows: Manager, Solid Waste, Engineering Department It was Moved by Councillor Lewin That a letter be written to the Manager, Solid Waste, Engineering Department, requesting a firm commitment that someone from Solid Waste will be present at the next meeting to discuss the Environmental Advisory Committee's concerns.

7 RES.R Action 21 Network Award RES.R It was Moved by Councillor Lewin That a representative from the B.C. Fly Fishers Association be invited to the next meeting of the Environmental Advisory Committee to provide an update on the Bon Accord Restoration Project. D. BOARD/COMMISSIONS REPORTS There were no reports submitted. E. MAYORS REPORT Councillor Robinson entered the meeting at 7:02 p.m. Mayor McCallum advised that in regards to the Clean City Campaign, this week is adopt a park week in Surrey. He stated there has been a big response in the last couple of weeks to adopt a street. 1. Proclamations Mayor McCallum read the following proclamations: (a) NATIONAL ABORIGINAL DAY June 21, 1997 WHEREAS the City of Surrey believes that it is beneficial for all Canadians to recognize the contributions of First Nations in Canada's development; WHEREAS the opportunity to learn more about the Aboriginal cultural heritage of Canada, especially for our young people, will assist in creating harmony among all Canadians and promote a greater appreciation and acceptance of each other's point of view; WHEREAS the summer solstice holds special significance for many Aboriginal groups, many of whom already celebrate their cultures and heritage on that day, Canada has designated June 21 as National Aboriginal Day; WHEREAS it is especially appropriate to initiate National Aboriginal Day during the United Nations

8 International Decade of the World's Indigenous Peoples; NOW, THEREFORE, BE IT RESOLVED that I, D.W. (Doug) McCallum, do hereby declare the day of June 21, 1997, as "NATIONAL ABORIGINAL DAY" in the City of Surrey. Doug W. McCallum Mayor Note: See Correspondence Item J.2 of this Agenda. (b) SPINA BIFIDA MONTH June, 1997 WHEREAS Spina Bifida is a birth defect of the spinal cord resulting in paralysis and multiple medical problems; and WHEREAS WHEREAS Spina Bifida is the single most common disabler of the newborn child; and one in approximately one thousand babies born in B.C. has Spina Bifida; and WHEREAS with recent medical advances and vigorous treatment at least 90% of those born with Spina Bifida can live; and WHEREAS the Spina Bifida Association of B.C. exists to provide help and support to those with Spina Bifida and their families, and to inform the public about Spina Bifida; NOW, THEREFORE, BE IT RESOLVED THAT I, D.W. (Doug) McCallum, do hereby proclaim the month of June, 1997 as "SPINA BIFIDA MONTH" in the City of Surrey. Doug W. McCallum Mayor F. COUNCILLORS REPORTS 1. Aboriginal Day Councillor Lewin advised this is the second year that an aboriginal day has taken place. 2. Royal Canadian Sea Cadets Councillor Higginbotham advised that she attended the Royal Canadian Sea Cadet 9th annual inspection. There were about 50 young cadets between 12 and 15. Councillor Higginbotham pointed out that the drill team has won the award for their outstanding drill team demeanor. She stated they

9 have not found a permanent home, but want to thank Council for the Sullivan Hall for storage of uniforms, etc. They have a waiting list with about 200 people, that they could accommodate if they had a permanent building. 3. Community Grants Councillor Villeneuve advised that over the past few weeks several groups have approached her and asked about the status of community grants. Councillor Hunt advised that on June 16 the decision will be made regarding the grants. Councillor Villeneuve requested that in the future this be undertaken earlier in the year as groups need to make arrangements. G. CORPORATE REPORTS 1. Corporate Reports to Council, under date of, were considered and dealt with as follows: Item No. R1212 Adult Publications and Adult Entertainment Stores ( ; ) The City Solicitor submitted a report concerning revisions to the Business License By-law to regulate adult publications and adult entertainment stores. The City Solicitor was recommending approval of the recommendations outlined in his report. In response to questions from Councillors, the City Solicitor advised this report is aimed at dealing with display of explicit material. He also stated that currently there is no stipulation on age requirements, but the proposed by-law will have an age stipulation. It was Moved by Councillor Lewin That Council: 1. Approve the amendments to the Business License By-law, 1976, No as amended (the "Business License By-law") dealing with the display of adult publications attached as Appendix "A" to this Report; 2. Approve the amendments to the Business License By-law dealing with adult entertainment stores attached as Appendix "B" to this Report; and 3. Instruct the City Clerk to introduce the appropriate amendment by-laws. Before the motion was put: It was Moved by Councillor Caissie That Corporate Report R1212 be referred back to staff to try to tighten up the definition of nudity

10 and sexual conduct. RES.R with Councillor Lewin and Councillor Hunt against. Item No. R1213 Quarterly Investment Report ( ) The General Manager, Finance & Technology submitted a report concerning the Quarterly Investment Report. The General Manager, Finance & Technology was recommending that the report be received for information. Seconded by Councillor Caissie That Corporate Report R1213 be received for information. RES.R Item No. R1214 Wide Area and Emergency Operations Communications Centre ( ; ) The Fire Chief submitted a report concerning Wide Area and Emergency Operations Communications Centre. The Fire Chief was recommending approval of the recommendations outlined in his report. Seconded by Councillor Robinson That: 1. Information be received by Council. 2. Council re-affirm our position of not participating in the Wide Area Radio network. RES.R Item No. R1215 Quick Response Vehicle ( ) The Fire Chief submitted a report concerning a quick response vehicle. The Fire Chief was recommending that the information be received by Council. It was Moved by Councillor Hunt

11 RES.R Seconded by Councillor Higginbotham That Corporate Report R1215 be received for information. Item No. R1216 Land Acquisition for Park Site: 52-N-206 (Page 52) ( ) The General Manager, Planning & Development submitted a report concerning Land Acquisition for Park Site: 52-N-206. The General Manager, Planning & Development was recommending approval of the recommendations outlined in his report. That Council: 1. Authorize the purchase of PID No.: ( Street) in the amount of $200,000 for park purposes; and, 2. Authorize the Legislative Services Department to prepare the relevant By-law for consideration by Council. RES.R Item No. R1217 Sister City Relations ( ; ) The General Manager, Planning & Development submitted a report concerning the Sister City relationship with Koto-ku, Japan and Zhuhai, China. The General Manager, Planning & Development was recommending approval of the recommendations outlined in his report. That the City continue its sister city relationship with Koto-ku, Japan and Zhuhai, China. Among Asian countries, the development and fostering of long term cultural and business relationships is a prerequisite for future economic benefits. RES.R Item No. R1218 Holdings, Inc. Proposed Changes to CD By-law No Avenue - Morgan Creek ( )

12 The General Manager, Planning & Development submitted a report seeking Council's approval on the proposed amendments to the CD By-law No and request Council's consideration of Final Adoption of the amended CD By-law. The General Manager, Planning & Development was recommending approval of the recommendations outlined in his report. That Council: 1. Rescind Third Reading of CD By-law No to accommodate the proposed amendments; 2. Amend the following sections of CD By-law No 12961: Schedule II of Section F (Yards & Setbacks) as shown in Appendix I; and Schedule III of Section K (Subdivision) as shown in Appendix II. 3. Consider Third Reading and Final Adoption of the amended CD By-law No RES.R Item No. R1219 Roadway Flagging Services Proposal Award ( ) The General Manager, Engineering submitted a report concerning the proposal to award roadway flagging services on City projects for a three year period. Tenders were submitted as follows: Bid Company (per year average) 1. J. Cat Holdings Ltd., Delta, B.C. $308, Tamric Traffic Control Services Ltd., Langley, B.C. $316, Mainland Flaggers Ltd., Surrey, B.C. $322, Ansan Industries Ltd., Richmond, B.C. $386, Dinamac Holdings Ltd., Langley, B.C. $390, The General Manager, Engineering was recommending approval of the recommendation outlined in his report. That the proposal for "Roadway Flagging Services" be awarded to J. Cat Holdings Ltd., in the amount of $308,347.69/year. RES.R with Councillor Villeneuve and Councillor Robinson against.

13 H. BY-LAWS FINAL ADOPTION 1. "Surrey Officers By-law, 1993, No , Amendment By-law, 1997, No " Council Initiated Regulatory Text Amendment To amend "Surrey Officers By-law, 1993, No ," as amended in Schedule "A" by deleting the title "Manager, Taxation & Risk Management Division (City Collector)" and inserting the title "Manager, Taxation and Cash Management Division (City Collector)" in its place. Approved by Council: May 5, 1997 Corporate Report Item R1185 That "Surrey Officers By-law, 1993, No , Amendment By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Lane North of 94A Avenue Between 127A Street and 128 Street Road Closing By-law, 1997, No " / Council Initiative To authorize the stop up and close of the lane north of 94A Avenue between 127A Street and 128 Street in order to prevent short-cutting traffic in this lane. Approved by Council: May 5, 1997 Corporate Report Item R1183 Seconded by Councillor Higginbotham That "Lane North of 94A Avenue Between 127A Street and 128 Street Road Closing By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Land Purchase By-law, 1997, No " / /C - Roy & Heather Hardman A by-law to authorize the purchase of Street for pleasure, recreation or community uses by the City of Surrey.

14 Compensation: $350,000 Approved by Council: April 14, 1997 Corporate Report Item R1168 Seconded by Councillor Higginbotham That "Land Purchase By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Lane at 5900 Block Between Angus Place and 172 Street Road Closing By-law, 1997, No " / Council Initiative To authorize the stop up and close of the lane at 5900 Block between Angus Place and 172 Street in order to prevent short-cutting traffic in this lane. Approved by Council: May 5, 1997 Corporate Report Item R1184 That "Lane at 5900 Block Between Angus Place and 172 Street Road Closing By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " Costco Wholesale Corporation c/o Jerry Quinn Lee CHI (BL 12000) to CD (BL 12000) King George Highway - to permit a 60m 2 (640 sq.ft.) pharmaceutical dispensary and a 28m 2 (300 sq.ft.) optical dispensary within the existing building Approved by Council: April 15, 1997 That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R

15 6. "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " Sunway Developments Ltd. c/o John Ho Architects CHI (BL 12000) to CD (BL 12000) Fraser Highway (Strata Lots 1-15 of Plan LMS2661) - to permit a wider range of commercial uses on the site. Approved by Council: March 18, 1997 That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Surrey Park Exchange By-law, 1997, No " / Gailinda Holdings Ltd. A by-law for the exchange of Park. The purpose of this by-law is to close square metres and 28.2 square metres totalling square metres of unopened parkland at A Avenue (park to be closed) in exchange for the dedication of square metres and 3.7 square metres totalling square metres of closed parkland at A Avenue (park to be dedicated). This exchange will accommodate a future road and accommodate a realignment of the parkland. Approved by Council: February 3, 1997 Corporate Report Item R1091 * Council is advised that as the Minister of Municipal Affairs and Housing has given his approval of By-law No as of May 12, 1997, consideration of Final Adoption is in order. That "Surrey Park Exchange By-law, 1997, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R INTRODUCTIONS 8. "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " Carol Pick

16 RF (BL 12000) to RF-SS (BL 12000) - to permit the use of one (1) licensed secondary suite in an owner-occupied dwelling at A Avenue. Approved by Council: May 26, 1997 Corporate Report Item R1201 That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " pass its first reading. RES.R The said By-law was then read for the second time. That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " pass its second reading. RES.R It was then Moved by Councillor Villeneuve That the Public Hearing on "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " be held at the City Hall on July 7, 1997, at 7:00 p.m. RES.R "Surrey Land Use Contract No. 19 Authorization By-law, 1974, No Partial Discharge By-law, 1997, No " Mary Ellen Jean Whyte To authorize the discharge of Land Use Contract No. 19 over Street in order to allow the rezoning of the land to RF-SS. Approved by Council: May 26, 1997 Corporate Report Item R1203 This By-law is proceeding in conjunction with By-law That "Surrey Land Use Contract No. 19 Authorization By-law, 1974, No Partial Discharge Bylaw, 1997, No " pass its first reading. RES.R with Councillor Lewin against. The said By-law was then read for the second time.

17 That "Surrey Land Use Contract No. 19 Authorization By-law, 1974, No Partial Discharge Bylaw, 1997, No " pass its second reading. RES.R with Councillor Lewin and Councillor Robinson against. It was then Moved by Councillor Villeneuve That the Public Hearing on "Surrey Land Use Contract No. 19 Authorization By-law, 1974, No Partial Discharge By-law, 1997, No " be held at the City Hall on July 7, 1997, at 7:00 p.m. RES.R "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " Mary Ellen Jean Whyte RF (BL 12000) to RF-SS (BL 12000) - to permit the use of one (1) licensed secondary suite in an owner-occupied dwelling at Street. Approved by Council: May 26, 1997 Corporate Report Item R1203 This By-law is proceeding in conjunction with By-law That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " pass its first reading. RES.R with Councillor Lewin and Councillor Robinson against. The said By-law was then read for the second time. That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " pass its second reading. RES.R with Councillor Lewin and Councillor Robinson against. It was then Moved by Councillor Villeneuve That the Public Hearing on "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " be held at the City Hall on July 7, 1997, at 7:00 p.m. RES.R

18 11. "Land Purchase By-law, 1997, No " / To authorize the purchase of Avenue for pleasure, recreation, or community uses by the City of Surrey. Compensation: $415,000 Approved by Council: May 26, 1997 Corporate Report Item R1205 That "Land Purchase By-law, 1997, No " pass its first reading. RES.R The said By-law was then read for the second time. That "Land Purchase By-law, 1997, No " pass its second reading. RES.R It was then Moved by Councillor Villeneuve Seconded by Councillor Caissie That the Public Hearing on "Land Purchase By-law, 1997, No " be held at the City Hall on July 7, 1997, at 7:00 p.m. RES.R Amended Regular Council June 23, RES.R "Portion of 120 Street Road Exchange By-law, 1997, No " / A & A Construction Ltd. To authorize the closure of an approximate 4.5 square metre portion of lane at 92A Avenue and 120 Street and its exchange for an approximate 1.1 square metre portion of Street. This exchange will accommodate future road widening at 120 Street and the consolidation of unopened lane with Street. Compensation: $1.00 Approved by Council: May 26, 1997 Corporate Report Item R1206 It was Moved by Councillor Villeneuve

19 RES.R Seconded by Councillor Robinson That "Portion of 120 Street Road Exchange By-law, 1997, No " pass its first reading. The said By-law was then read for the second time. That "Portion of 120 Street Road Exchange By-law, 1997, No " pass its second reading. RES.R The said By-law was then read for the third time. Seconded by Councillor Caissie That "Portion of 120 Street Road Exchange By-law, 1997, No " pass its third reading. RES.R MISCELLANEOUS 13. "Surrey Official Community Plan By-law, 1983, No. 7600, Text No. 183 Amendment By-law, 1996, No " B.C. Ltd. To amend Chapter 4, Section C, to designate Fraser Highway as Development Permit Area LXV. Approved by Council: February 6, 1996 * This By-law is proceeding in conjunction with By-law * Planning & Development are requesting that Council file By-law No as this in-stream OCP Amendment has been finalized through the adoption of the Official Community Plan By-law No It was Moved by Councillor Robinson That "Surrey Official Community Plan By-law, 1983, No. 7600, Text No. 183 Amendment By-law, 1996, No " be filed. RES.R "Surrey Zoning By-law, 1993, No , Amendment By-law, 1996, No " B.C. Ltd.

20 A-1 (BL 12000) to RM-10 (BL 12000) Fraser Highway - to permit development of approximately 36 townhouse units. Approved by Council: February 6, 1996 * This By-law is proceeding in conjunction with By-law Note: A Development Permit ( ) on the site is to be considered for Final Approval under Item I.2.(a). Note: The Public Hearing on this application was held on February 26, As more than twelve months have passed since the Public Hearing, Council may wish to hold a new Public Hearing. * Planning & Development advise that the reason for the delay in bringing this application to Final Adoption was due to servicing issues which have now been resolved. * Planning & Development further advise that it is now in order for Council to pass a resolution amending the Cloverdale Local Area Plan to redesignate the site from multi-family and single family residential land use to multi-family. * Council is requested to pass a resolution amending the Cloverdale Local Area Plan to redesignate the site from multi-family and single family residential land use to multi-family. Seconded by Councillor Lewin That the Cloverdale Local Area Plan be amended to redesignate the site from Multi-Family and Single-Family Residential Land Use to Multi-Family. RES.R Seconded by Councillor Lewin That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1996, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Surrey Zoning By-law, 1993, No , Amendment By-law, 1996, No " Morgan Creek Holdings A-1 (BL 12000) to CD (BL 12000) Avenue - to allow the construction of approximately 159 ground-oriented residential units. Approved by Council: November 5, 1996 * Planning and Development advise that amendments are required to the By-law to address the applicant's concerns regarding the project's marketability and viability as well as ease and flexibility in subsequent strata

21 management. The resulting changes due to subdivision will not alter density nor create additional units. The proposed changes will have no impact on surrounding neighbourhoods. As the amendments do not constitute a change in use and density, the City Solicitor advises that a further Public Hearing is not required. Note: Should Council approve the recommendations of Corporate Report Item No. R1218 of this Agenda the following is in order: * Council is requested to rescind Resolution No. R of the January 27, 1997 Regular Council minutes; Seconded by Councillor Higginbotham That Resolution No. R of the January 27, 1997 Regular Council minutes be rescinded. RES.R * Council is requested to amend By-law No by replacing Schedules II and III with revised Schedules II and III; Seconded by Councillor Higginbotham That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1996, No " be amended by replacing Schedules II and III with revised Schedules II and III. RES.R * Council is requested to pass Third Reading, as amended. Seconded by Councillor Higginbotham That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1996, No " pass its third reading, as amended. RES.R * Council is requested to pass Final Adoption. Seconded by Councillor Higginbotham That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1996, No " be finally adopted, signed by the Mayor and Clerk, and sealed with the Corporate Seal. RES.R "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " Council Initiative RS (BL 5942) to CD (BL 12000) - Portions of 16479, and Fraser Highway - to permit the development of the future Fraser Highway Sports and Leisure Complex.

22 To be approved by Council: May 26, 1997 * This By-law is proceeding in conjunction with OCP Text Amendment By-law No which received Third Reading on June 19, 1995, and which will require filing at the time of final adoption of the new rezoning by-law as the Development Permit Area (DPA) has been established through the new OCP By-law, No * At the May 26, 1997 Regular Council meeting, Council considered Corporate Report Item No. R1211, Rezoning of the Fraser Highway Sports & Leisure Complex Site, and approved the recommendations of the report to file the old rezoning By-law No and authorize the introduction of a new rezoning By-law No As well, Council resolved that Lot 1, being the northerly portion of the three lots and which was not included in the new rezoning By-law, remain "open space." Subsequently, Council passed first and second readings of By-law No and set the Public Hearing date for June 16, * As per Council's direction that Lot 1 remain "open space," Planning & Development advise (reference memorandum in by-law back-up) that By-law No has been amended (reference Appendix A to the memorandum) to include Lot 1 (northerly portion of the three lots) and to restrict the permitted use of Lot 1 to only "open space" * Should Council wish to amend By-law No to include Lot 1 with the provision that the permitted use of the land be restricted to "open space," the following resolution is in order: * Council is requested to amend By-law No in accordance with Appendix A to the Planning & Development memorandum. That "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " be amended in accordance with Appendix A to the Planning & Development memorandum. RES.R "Surrey Zoning By-law, 1993, No , Amendment By-law, 1997, No " Shiva Enterprises Ltd. c/o Gerry Blonski, Architect A-1 (BL 12000) to CHI (BL 12000) - Portion of Scott Road - to permit a 3,510m 2 mixed use highway commercial building Approved by Council: April 15, 1997 * Planning & Development advise that it is necessary to rescind Third Reading of By-law as the Survey Plan, delineating the portion of the lands to be rezoned, provided by the applicant and which is appended to the By-law does not meet the specifications required of a Survey Plan. The applicant had been advised on numerous occasions to provide a correct Survey Plan. On May 16, 1997, the applicant, Gerry Blonski, was given until May 27, 1997 to submit a correct Survey Plan to the Legislative Services Department. The requested Survey Plan has not been received, it is therefore in order for Council to rescind Third Reading of the By-law.

23 * Council is requested to rescind Resolution No. R of the May 12, 1997 Regular Council - Public Hearing minutes passing Third Reading of By-law No Councillor Hunt advised of a letter Council had received. That this issue be referred back to staff. RES.R I. CLERKS REPORT 1. Formal Approval of Development Variance Permits It is in order for Council to now pass resolutions authorizing the Mayor and Clerk to sign the following permits: (a) Development Variance Permit No IBI Group/Westpen Properties Inc. No A Street To relax requirements as follows: (i) the rear yard setbacks of lots 1 and 2 from 7.5 m (25 ft.) to 2.0 m (7 ft.), as shown on (A); (ii) the maximum site coverage of: - Lot 2 from 30 % to a maximum of 32 % - Lot 3 from 30 % to a maximum of 50 % - Lot 10 from 30 % to a maximum of 35 %; (iii) the minimum site areas of lots 3 to 10 (inclusive) from 10,000 square metres to 950 square metres; and, (iv) the minimum frontage of lots 1 to 10 (inclusive) from 60 metres to 20 metres. The variance is to facilitate the subdivision of the Penreal site into ten lots. No concerns had been expressed by abutting property owners prior to printing of the Agenda. That Development Variance Permit No be approved; that the Mayor and Clerk

24 RES.R be authorized to sign the Development Variance Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit. (b) Development Variance Permit No Elbe, Lock, Walls & Associates/Dawson Lands (Panorama) Ltd Avenue To relax requirements as follows: (i) the rear yard setback from 7.5m (25 ft.) to 6.1m (20 ft); (ii) the front yard setback from 7.5m (25 ft.) to 6.6m (22 ft.) to allow for columns of covered porch areas; (iii) the flanking yard setback from 7.5m (25 ft.) to 6.6m (22 ft.) to allow for columns of covered porch areas; and (iv) the height of an accessory building from 4.5m (15 ft.) to 7.62m (25 ft.) to allow for a two-storey amenity building. The variance is to construct an 82 unit townhouse project. No concerns had been expressed by abutting property owners prior to printing of the Agenda. RES.R That Development Variance Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Variance Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit. (c) Development Variance Permit No Jasvinder S. Dhaliwal & Dalbir K. Dhaliwal 7937/ Street To relax the rear yard setback requirement from 7.5m to 0m, and the side yard (north) setback requirement from 7.5m to 5.8m to accommodate a warehouse development. No concerns had been expressed by abutting property owners prior to printing of the Agenda. Seconded by Councillor Caissie

25 RES.R That Development Variance Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Variance Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit. 2. Formal Approval of Development Permits (a) Development Permit No BC Ltd Fraser Highway Memo received from the Manager, Area Planning & Development Division, Planning & Development, requesting Council to pass the following resolution: "That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit." Note: See By-law 12768, Item H.14 of this Agenda. RES.R That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit. (b) Development Permit No Medfar Holdings Ltd./Garvin's Holdings Ltd Street Memo received from the Manager, Area Planning & Development Division, Planning & Development, requesting Council to pass the following resolution: "That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit." That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the

26 RES.R terms of the Permit. (c) Development Permit No Evolution Land Development Corporation Avenue Memo received from the Manager, Area Planning & Development Division, Planning & Development, requesting Council to pass the following resolution: "That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit." RES.R Seconded by Councillor Caissie That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit. with Councillors Villeneuve, Lewin, and Robinson against. (d) Development Permit No Morgan Creek Holdings Inc Avenue Memo received from the Manager, Area Planning & Development Division, Planning & Development, requesting Council to pass the following resolution: "That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit." RES.R That Development Permit No be approved; that the Mayor and Clerk be authorized to sign the Development Permit; and that Council authorize the transfer of the Permit to the heirs, administrators, executors, successors, and assigns of the title of the land within the terms of the Permit. 3. Delegation Requests

27 (a) Mrs. Ethel Graham ( ; ) Requesting to appear before Council to seek Council's support of her road exchange application for property located at Street. Note: At the May 26, 1997 Regular Council meeting, Council received a letter, dated May 3, 1997, from Jacob A. de Raadt, P. Eng., Grassroots Consulting Services, on behalf of Mrs. Ethel Graham, whereby Mrs. Graham is requesting to appear before Council with respect to this matter. See letter and Engineering's response attached to the backup. RES.R It was Moved by Councillor Robinson That Mrs. Ethel Graham be heard as a delegation at Council-in-Committee. (b) Nancy Yacoub ( ) Requesting to appear before Council to discuss removing Extra West and Angles publications from the reach of children in public libraries or any other public establishment. RES.R Seconded by Councillor Lewin That the letter from Ms. Nancy Yacoub be referred to the Library Board. ADDENDUM AGENDA (c) Mr. Dave Haggard, President, Industrial, Wood and Allied Workers of Canada, Mr. Brian Payne, CEP Vice President, Western Region, Communications, Energy and Paperworkers Union of Canada, Mr. Garry Worth, President, Pulp, Paper and Woodworkers of Canada ( ; ) Requesting to appear before Council to provide details on the current negotiations with the Government of British Columbia over the creation of 21,000 new jobs over the next five years. RES.R Seconded by Councillor Lewin That the letter be received. J. CORRESPONDENCE

28 CITY CLERKS REPORT TO COUNCIL ON CORRESPONDENCE ITEMS It was Moved by Councillor Robinson Seconded by Councillor Higginbotham That the following correspondence Item 1 be received, the actions be approved and the appropriate person or agency be informed. RES.R Letters, dated May 14, 1997, from Joyce E. Charke, Artist, commenting on a letter, dated April 9, 1997, from the City with respect to a secondary suite at Street, seeking a solution to their situation, and if this is not possible, refund the original rezoning application fee which has not yet been approved. ( ; ) COMMENT/ACTION: This letter was referred to Building Division, Planning & Development, who advise that under the current policy, all suites, legal or otherwise, are subject to the additional utility levy. Furthermore, all suites must comply with current Building Code and Building By-law. The payment of the additional utility fee does not in itself obligate the property owner to comply to the Building Code as the Charkes seem to infer. Although the Secondary Suite inspector has advised the Charkes what has to be done to remove the suite, they have requested this in writing. We will provide our direction to them in writing as they have requested. It appears, also, that the Charkes have decided to withdraw their rezoning application and request a refund of the rezoning fee. Their application will be returned to them along with their refund. ACTIONS ITEMS 2. Letter, dated March 27, 1997, Bryon Wilfert, President, Federation of Canadian Municipalities, advising that in addition to proclaiming June 21, 1997 as "National Aboriginal Day", Council is requested to offer its strong support and encourage the City of Surrey to communicate with local Aboriginal groups and provide support through such means as access to display or activity space, and encourage community participation in Aboriginal Day celebrations. Mr. Wilfert also encloses a survey for completion and return along with posters which provide an explanation of their design. ( ) Note: See Item E.1(a) of this agenda. Seconded by Councillor Lewin That the letter from Bryon Wilfert, President, Federation of Canadian Municipalities be received. RES.R Letter, dated April 21, 1997, from Jay Redmond, Chairman, Surrey Food Bank Foundation, inviting the Mayor to attend the seventh annual "Christmas in July" Gala Dinner and Auction on June 27, 1997, at Coyote Creek Golf and Country Club at a cost of $65.00 per person or $ per table of 8. ( ) It was Moved by Councillor Higginbotham

29 RES.R Seconded by Councillor Lewin That the letter be received. It was Moved by Councillor Robinson Seconded by Councillor Lewin That members of Council and the Mayor be authorized to attend and expenses be paid in accordance to Council policy. RES.R Letter, dated May 20, 1997, from Mayor George Ferguson, City of Abbotsford, advising that Abbotsford Airport will be welcoming the start of WestJet passenger service to Calgary and Edmonton in June. Mayor Ferguson is inviting the City of Surrey to participate by hanging the official municipal flag in the main passenger area of the Abbotsford temporary terminal building along with signs identifying our City and welcoming arriving passengers to the Fraser Valley. ( ; ) Seconded by Councillor Lewin That their invitation be accepted and staff be directed to act accordingly. RES.R Letter, dated May 22, 1997, from Serey Sinn, seeking financial assistance to meet the expenses involved in competing at the Ladies International Karate Cup in Tokyo, Japan, July 9-14, ( ) Seconded by Councillor Lewin That the letter from Serey Sinn be referred to the Grants Committee. RES.R Letter, dated May 7, 1997, from George Puil, Chair, Greater Vancouver Regional District, advising that the Canadian Pacific Railway (CPR) has offered to transport, at no cost, equipment to Winnipeg that can be used for clean up purposes after the Red River flooding subsides, requesting Council's consideration of the following resolution: "That GVRD member municipalities be requested to consider offering equipment and/or staff expertise to assist in the Red River flooding clean up; and That, if a member municipality is able to offer assistance to advise the GVRD accordingly; and That the GVRD coordinate this initiative" and advise the GVRD Chief Administrator Office if the City of Surrey is able to participate in this

30 initiative. ( ) Seconded by Councillor Lewin That the letter be received. RES.R Letter, dated May 15, 1997, from Rob and Diane Sowden, Children of the Street, seeking Council's support of the following resolution: "WHEREAS a recent national consultation process on child and youth prostitution has provided estimates that the number of children involved in prostitution in Canada is 40,000 and the average age of entry into prostitution is 14 years; WHEREAS under the Criminal Code of Canada, it is currently not a criminal offence for an adult to engage in sexual activity with a young person aged 14 years or older if the young person consents to the sexual activity there are conditions that apply to the young person's consent, such as that the adult cannot be in a position of trust or authority over the young person for the consent to be valid, and consent cannot be given for money, food, drugs or other consideration a young person is defined as a person 14 years of age or more but under the age of 18 there are no conditions under which a youth aged 13 years or less can consent to sexual activity with an adult, with such activity rendering the adult liable to a charge of sexual assault an adult who engages in sexual activity with a young person for money or other consideration is deemed to have committed an indictable offence and is liable to imprisonment for a term not exceeding five years under Section 212(4) prosecutions under Section 212(4) require the Crown to prove that an adult attempted to engage in sexual activity with a person under 18 years of age for money or other consideration, resulting in the requirement that the young person testify against the adult; WHEREAS raising the age of consent from 14 years could assist in the prosecution of adults who buy sex from young people because the adult could be charged with sexual assault and it would not be necessary to prove that there was a negotiation for money or other consideration; BE IT RESOLVED that the Federation of Canadian Municipalities urge the federal government to amend the Criminal Code of Canada to raise the age of consent for sexual activity between a young person and an adult from 14 years to at least 16 years."