December 16, 2013 - Minutes

Place:

Council Chambers
Richmond City Hall
6911 No. 3 Road

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Linda Barnes
Councillor Evelina Halsey-Brandt
Councillor Ken Johnston
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Michelle Jansson, Acting Corporate Officer

Absent:

Councillor Derek Dang

Call to Order:

Mayor Malcolm Brodie opened the proceedings at 7:00 p.m.

1.

RICHMOND ZONING BYLAW 8500, AMENDMENT BYLAW 8907 (RZ 11-586861)(Location:  7460 Ash Street; Applicant:  Man-Chui Leung and Nora Leung)

Applicant’s Comments:

The applicant was available to answer questions.

Written Submissions:

None.

Submissions from the floor:

Sharon MacGougan, 7411 Ash Street, expressed her concerns for the proposed application and read from her written submission (attached to and forming part of these minutes as Schedule 1).

Andrew Nazareth, 7480 Ash Street, spoke in opposition to the proposed application and read from his written submission (attached to and forming part of these minutes as Schedule 2).

Douglas Nazareth, 7480 Ash Street, spoke against the proposed application and read from his written submission (attached to and forming part of these minutes as Schedule 3).

Michael Wolfe, 9731 Odlin Road, did not support the proposed application and raised concern for the preservation of trees, particularly the birch tree hosting a predatory bird nest. He suggested that (i) the allowable building area be reduced, (ii) Council purchase the land as a continuation of Paulik Park, or (iii) the proposed application be referred to staff for the development of fewer lots.  He also expressed concerns related to (i) traffic and the extension of General Currie Road, (ii) cash-in-lieu of Affordable Housing contribution when there is a demand for such housing, and (iii) the proposed eighteen Japanese flowering cherry replacement trees, instead of using native species.

Nora Leung, the applicant, advised that the Arborist’s report indicated that 36 trees are to be removed due to their condition.  She stated that the large trees referred to by Mr. Nazareth are to be retained and that the trees at 7500 Ash Street had been cut down.  Also, Ms. Leung advised that a biologist determined that the predatory bird nest, in the birch tree, was inactive; however, should the nest become active, Ms. Leung noted that the tree’s removal would not be necessary for the development to proceed.  With regard to extending the sidewalk to 7500 Ash Street, Ms. Leung indicated her willingness to construct a gravel walkway.  In her view the construction of a concrete sidewalk would be the responsibility of the developer should the property at 7500 Ash Street be redeveloped in the future.  In response to comments related to coyotes, Ms. Leung noted that she had never seen a coyote on the property.

Mr. Leung, the applicant’s son, advised that the concerns raised by neighbouring residents were addressed in the staff report and that the proposed development is consistent with prior development in the area.

In reply to queries regarding the species of the replacement trees and the sidewalk extension to 7500 Ash Street, Ms. Leung expressed her willingness to consider native replacement trees.  Also, she was of the opinion that the extension of the concrete sidewalk to 7500 Ash Street should be borne by a future developer as the property has redevelopment potential.

Wayne Craig, Director of Development, noted that staff could revise the plant species prior to the application going forward for rezoning adoption.  He further noted that costs to the applicant would be increased by approximately five times should the concrete sidewalk be extended to 7500 Ash Street. 

In response to queries from Council, Mr. Craig provided the following information:

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the specified minimum tree replacement sizes with this application are six-centimetre caliper deciduous trees and three-metre high evergreen trees;

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the servicing agreement includes a grass boulevard with street trees established on Ash Street, General Currie Road, and Armstrong Street;

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the species of street trees would be specified by the Park’s division;

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four to five trees are anticipated to be placed along Ash Street, approximately nine-metres apart;

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eighteen trees will be replanted on-site and approximately thirteen to eighteen additional trees would be planted on the street boulevards;

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of the 36 trees being removed, 29 are birch trees and there are a number of conifers to be removed;

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all active nests are protected as part of federal legislation; however, only eagle and heron nests are protected when inactive;

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traffic calming measures, such as curb extensions at the intersections, are included as part of the servicing agreement;

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the City’s Transportation division is committed to continual monitoring of traffic in the area to determine whether additional traffic calming measures are warranted.

Mayor Brodie acknowledged the conclusion of the first round of public speakers.  Speakers then addressed Council for a second time with new information.

Sharon MacGougan referenced her speaking notes (attached to and forming part of these minutes as Schedule 1) noting that it was Councillor Barnes who initiated the investigation into the hawks nest.  Also, Ms. MacGougan commented that no trees had been removed from 7500 Ash Street, but rather that the property is host to several large evergreen trees and mature nut, fruit and birch trees.  She further commented that there have been several sightings with respect to coyotes in the area.   Also, concerning her request at the May 21, 2013 Public Hearing for the sidewalk extension, it was her intention that the costs be funded by the City, not the applicant.

Andrew Nazareth displayed a picture of a coyote on the subject property and noted that it was taken approximately three weeks earlier.

PH13/11-1

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 8907 be given second and third readings;

The question on Resolution 13/11-1 was not called as discussion ensued regarding (i) the sidewalk improvements to the south edge of 7500 Ash Street, (ii) the importance of retaining any trees used for nesting purposes, (iii) the use of native species for replanting, (iv) the impact to the proposed development should the number of lots be reduced, and (v) the implementation of a policy related to the planting of non-native species.

In response to a query regarding a Development Permit and the potential size of a residential unit should two lots be created on the proposed site, Mr. Craig noted that the proposal is subject to subdivision approval and not a Development Permit.  Also, he stated that at Council’s direction related to tree species, staff would ensure that the appropriate species are planted as part of the landscape plan.  Mr. Craig noted that the size of the proposed home is tied to the size of the lot, thus the larger the lot, the larger the home.

At the conclusion of the discussion the following amendment was introduced:

PH13/11-2

It was moved and seconded

That the applicant provide a full concrete sidewalk extension to the south edge of 7500 Ash Street.

The question on amendment Resolution PH 13/11-2 was not called as in reply to queries from Council, Mr. Craig advised that a full sidewalk would be constructed in front of the subject property and 7480 Ash Street with an asphalt pathway in front of 7500 Ash Street.  He further advised that a condition of any rezoning or subdivision requires the frontage of the property to be upgraded to City standards.  If the applicant were to be required to provide a full concrete sidewalk extension to the south edge of 7500 Ash Street it would equate to approximately 40-metres of sidewalk improvements beyond the frontage of the subject property.  He noted that latecomer agreements are generally required on larger projects and not on projects such as the proposed application.

The question on amendment Resolution PH 13/11-2 was then called and it was CARRIED.

Discussion continued regarding the planting of native trees and the following amendment was introduced:

PH13/11-3

It was moved and seconded

That the applicant work with City staff to maximize the number of native and/or fruit tree species on the property.

CARRIED

The question on Resolution 13/11-1 as amended by Resolution 13/11-2 and Resolution 13/11-3 was then called and it was CARRIED.

2.

OFFICIAL COMMUNITY PLAN BYLAW 7100, AMENDMENT BYLAW 9065 AND RICHMOND ZONING BYLAW 8500, AMENDMENT BYLAW 9066 (RZ 12-605272)
(Location:  8451 Bridgeport Road and Surplus City Road; Applicant:  Hotel Versante Ltd.)

Applicant’s Comments:

The applicant was available to answer questions.

Written Submissions:

None.

Submissions from the floor:

None.

PH13/11-4

It was moved and seconded

That Official Community Plan Bylaw 7100, Amendment Bylaw 9065, and Richmond Zoning Bylaw 8500, Amendment Bylaw 9066 be given second and third readings.

CARRIED

3.

RICHMOND ZONING BYLAW 8500, AMENDMENT BYLAW 9069 (RZ 13-641189)
(Location:  3800/3820 Blundell Road; Applicant:  Khalid Hasan)

Applicant’s Comments:

The applicant was available to answer questions.

Written Submissions:

None.

Submissions from the floor:

None.

PH13/11-5

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9069 be given second and third readings.

CARRIED

4.

RICHMOND ZONING BYLAW 8500, AMENDMENT BYLAW 9071
(Location:  City-Wide; Applicant:  City of Richmond)

Applicant’s Comments:

Terry Crowe, Manager, Policy Planning, commented that the proposed bylaw would formalize the City’s position to prohibit medical marihuana production facilities, and research and development facilities in agricultural and urban areas.  There is one research and development facility allowed in the City under an existing Health Canada licence which is anticipated to expire in 2014.  Mr. Crowe noted that Council may consider any future proposals for a facility on a case-by-case basis.

Written Submissions:

Ralph Schwartzman, 5960 No. 6 Road (Schedule 4)

Submissions from the floor:

Shelley Dietz, 13651 Blundell Road, proposed that the City consider amending the definition of farm business to include small medical marihuana production operations that generate an income between $10,000 to $50,000.  She was of the opinion that small scale operations would not pose a security risk and would provide specific plants for medical purposes.  Ms. Dietz requested Council consider the options available beyond the large commercial facilities.

PH13/11-6

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9071 be given second and third readings.

CARRIED

PH13/11-7

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9071 be adopted.

CARRIED

5.

RICHMOND ZONING BYLAW 8500, AMENDMENT BYLAW 9077 (ZT 13-646207)
(Location:  4691 Francis Road; Applicant:  Vanlux Development Inc.)

Applicant’s Comments:

The applicant was available to answer questions.

Written Submissions:

Sam Raich, 902-4900 Francis Road (Schedule 5)

Submissions from the floor:

None.

PH13/11-8

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9077 be given second and third readings.

CARRIED

PH13/11-9

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9077 be adopted.

CARRIED

ADJOURNMENT

PH13/11-10

It was moved and seconded

That the meeting adjourn (8:17 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Regular Meeting for Public Hearings of the City of Richmond held on Monday, December 16, 2013.

Mayor (Malcolm D. Brodie)

Acting Corporate Officer
City Clerk’s Office (Michelle Jansson)