City of Surrey ADDITIONAL PLANNING COMMENTS File:

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1 City of Surrey ADDTONAL PLANNNG COMMENTS Planning Report Date: June 17, 2013 PROPOSAL: Amend CD By-law No , as amended in order to allow a small-scale drug store as a permitted land-use in Strata lots 2, 4 and 6. LOCATON: Avenue OWNER: B.C. Ltd., nc. No ZONNG: OCP DESGNATON: LAP DESGNATON: CD (By-law Nos , & 17216) ndustrial ndustrial

2 Staff Report to Council Additional Planning Comments Page 2 RECOMMENDATON SUMMARY Council grant Final Adoption to the CD By-law amendment (By-law No ). DEVATON FROM PLANS, POLCES OR REGULATONS The existing CD Zone (No , and 17216) allows a range of general and service industrial uses. The applicant seeks to amend the CD Zone to allow a small-scale drug store as a permitted land-use in three (3) strata units. RATONALE OF RECOMMENDATON A Planning Report was forwarded to Council in January, 2011 (File No ) which asked that Council consider a proposed CD By-law amendment to expand the range of medical-related services currently provided on-site thereby allowing a small-scale drug store to operate in Strata Lots 2, 4 and 6. The CD By-law amendment (By-law No ) was granted Third Reading on February 7, As a condition of rezoning, the applicant is required to provide road dedication on 76 Avenue and 128 Street. However, the applicant is incapable of fulfilling this condition given the strata lot owners will not consent to providing the required road dedication. Based upon the applicant s efforts in securing the required dedication, the fact that the Strata lot owners are not willing to consent to providing this dedication and the fact that the proposed CD By-law amendment is not expected to impact servicing for the site, the City is willing to defer the dedication requirements to future development applications on the subject property. Although road dedication cannot be provided under the current development application, City staff have confirmed there are no other outstanding conditions or requirements associated with the proposed rezoning.

3 Staff Report to Council Additional Planning Comments Page 3 RECOMMENDATON The Planning & Development Department recommends that Council grant Final Adoption to the CD By-law amendment (By-law No ). ADDTONAL PLANNNG COMMENTS Background n November, 2010 a development application was submitted to amend the CD By-law (By-law No ) in order to permit a small-scale drug store to operate in conjunction with a medical office in Strata Lots 2, 4 and 6 at Avenue (File No ). At the time, the subject property was undergoing a separate rezoning process in order to address several on-site uses which are not currently permitted under the existing CD Zone (File No ). As part of the rezoning process, the Strata Council worked toward updating the existing CD By-law in order to permit uses which appear similar to adjacent industrial properties regulated under Zoning By-law No and ensuring that businesses on-site would comply with the range of uses allowed under the amended CD Zone. On February 17, 2012 the Strata Council requested the rezoning application (File No ) which involved amending the site s existing CD Zone be closed given the strata lot owners would not consent to providing the required road dedication on 76 Avenue and 128 Street. The required road dedication would have been similar to the road dedication requirement for the small-scale drug store rezoning (File No ). Current Proposal The applicant proposes to amend the CD Zone (By-law No ) in order to allow a small-scale drug store as a permitted land-use, specifically restricted to Strata Lots 2, 4 and 6. The small-scale drug store will operate in conjunction with a medical office and cannot exceed a total floor area of 41.8 square metres (450 sq. ft.). As part of the current business operation, a licensed pharmacist is allowed to dispense prescribed medication on-site which benefits patients of the adjacent medical office given the lack of available small-scale drug stores within the surrounding neighbourhood. The CD By-law amendment (By-law No ) was granted Third Reading on February 7, As a condition of rezoning, the applicant is required to provide road dedication on 76 Avenue and 128 Street. However, the applicant is incapable of fulfilling this condition given the strata lot owners will not consent to providing the required road dedication. n an effort to assist the applicant, a temporary Business License was issued to allow the small-scale drug store to operate on-site for a period of two (2) years. According to the terms of the Business License, the applicant can request that City staff forward the CD By-law amendment to Council after two years for consideration of Final Adoption. n order to renew the current Business License for the small-scale drug store, the applicant requests that Council grant Final Adoption to the CD By-law amendment (By-law No ). Although road dedication cannot be provided under the current development application, City staff have confirmed there are no other outstanding conditions or requirements associated with the proposed rezoning.

4 Staff Report to Council Additional Planning Comments Page 4 Required Road Dedication As part of the original Planning Report forwarded to Council in January, 2011 under File No the following road dedication requirements were identified by the Engineering Department: o o o Applicant to dedicate between metres and metres for portions along 128 Street; Applicant to dedicate metres on 76 Avenue; and Applicant to dedicate a 5 metre X 5 metre corner-cut at the intersection of 76 Avenue and 128 Street. Based upon the applicant s efforts in securing the required dedication, the fact that the Strata lot owners are not willing to consent to providing this dedication and the fact that the proposed CD By-law amendment is not expected to impact servicing for the site, the City is willing to defer the dedication requirements to future development applications on the subject property. NFORMATON ATTACHED TO THS REPORT The following information is attached to this Report: Appendix. Appendix. Lot Owners and Action Summary Site Plan Original signed by Nicholas Lai Jean Lamontagne General Manager Planning and Development MRJ/da \\file-server1\net-data\csdc\generate\areaprod\save\ doc DRV 6/12/13 2:34 PM

5 Page 1 APPENDX nformation for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: Dr. Sajal Jain and Dr. Shailinder Bhullar Address: Avenue, Units 101, 102 and 103 Surrey, BC V3W 2V3 Tel: Properties involved in the Application (a) Civic Address: Avenue (b) Civic Address: Avenue Owner: B.C. Ltd., nc. No Director nformation: Shailinder Singh Bhullar Sajal Jain Parminder Mann No Officer nformation Filed as at April 27, 2013 PD: , and Strata Lots 2, 4 and 6, Section 20 Township 2 New Westminster District Strata Plan NW3244 Together with an nterest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 3. Summary of Actions for City Clerk's Office \\file-server1\net-data\csdc\generate\areaprod\save\ doc. 6/12/13 2:34 PM

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