Public Hearing, July 20, 1998

000788 Minutes of a Public Hearing held Monday, July 20, 1998, at 7:00 p.m. in the Matsqui Centennial Auditorium Council Present: Deputy Mayor - G. Peary; CoUncillors: E. Fast, S. Gibson, M. Gill, W. Lee (part), P. Ross, M. Warawa, and C. Wiebe Staff Present: City Manager - H. Cochran; City Clerk - T. Strong; Director of Engineering - E. Regts; Director of Development Services - R. Danziger; Manager, Current Development G. Boyle; Assistant City Clerk - S. Kowalchuk Media Present: Aldergrove Star, The News, The Times, and Rogers Cablesystems Public Present: 100+ Deputy Mayor Peary called the hearing to order at 7:00 p.m., and outlined the procedures to be followed. 1. By-law No. 674-98, O.C.P. Amendment No. 23 - "Environmental Development Permit Area" (3080-20/0CP23) If approved, Abbotsford Official Community Plan By-law, 1996, would be amended by designating certain lands as an "Environmental Development Permit Area". The Manager, Current Development, explained that By-law No. 674-98 designates certain parcels ofland on Fraser Highway and Lefeuvre Road in West Abbotsford, and on Sumas Way and South Fraser Way, as environmental and hazardous conditions development permit areas. Due to the presence of watercourses on the subject lands, development permits would be required prior to any clearing or site grading. The following comments and questions were addressed to the West Abbotsford Environmen tal Development Permit Area: P. Ryder, 3555 Douglas Road, Burnaby, B.C., who owns property jointly with P. and A. Ferronato at 3247 Lefeuvre Road, north of the affected area, asked if they were to have received notification of the hearing. G. Boyle replied that the by-law had been published in the local newspapers, and it was not a requirement to individually notifY affected owners. She also clarified for Ms. Ryder that any development on the affected properties would require a development permit. A. Marsh, 20650 - 102B Avenue, Langley, B.C., advised that her savings are invested in property at 27722 Fraser Highway, affected by By-law No. 674-98. 00078~) Minutes of a Public Hearing held Monday, July 20, 1998, at 7:00 p.m. in the Matsqui Centennial Auditorium Page 2 D. Tucker, 406 - 4th Street, Vernon, B.C., stated that his wife is ajoint owner of Lot 13 on Maclure Road off Lefeuvre Road. He explained that the Bertrand Creek system has been culverted and affected by building for many years; that it only flows in the winter and is dry for most of the summer; and questioned why it was designated as part of the "creek system". The Manager, Current Development, explained that the Federal Department of Fisheries and Oceans (D.F.O.) indicated that the water system was environmentally-sensitive and in need of protection. Scott Resources was retained by the developer to do an environmental assessment of the West Abbotsford Planning Area, and did so in consultation with D.F.O. R. Wickstrom, 2872 Bergman Street, felt that the by-law was not comprehensive enough and the study did not include all the environmentally-sensitive wetlands in the area. He stated that there is another fish-bearing creek system feeding Bertrand Creek, which has not been identified in the study. Mr. Wickstrom reported that holes had been dug to possibly drain the wetlands, and the Ministry of Environment is concerned about the resulting destruction of natural habitat. S. Groves spoke on behalf of herself and five other family members who own property at 27775 Fraser Highway. She advised that they are directly affected by, and opposed to, By law No. 674-98, but are not opposed to rezoning of properties in By-law No. 686-98. Although cognizant of the environmental sensitivity of the area, the proposed setbacks from the creek will encumber four acres of their property. She advised that Bertrand Creek flows into a culvert at Station Road, where it is covered with asphalt and collects surrounding storm drainage. Ms. Groves questioned the accuracy of the study, and suggested that another be conducted by an independent consultant, not hired by the developer. J. Kocsis, 27864 Fraser Highway, said that his property is also affected by this by-law, and questioned who designated the lands as environmentally-sensitive. G. Boyle explained that Scott Resources had conducted a field inspection with a D.F.O. representative,and the study was a result of this field work. Mr. Kocsis asked why other watercourses in the area were not included in the designation, yet bear similarities to Bertrand Creek. He felt that the designation of Bertrand Creek, which traverses his property's east border, imposes further restrictions to development of his property. J. Scott, Scott Resources Inc., explained that his company undertook an environmental assessment of the developer's proposal. They had identified watercourses on the site which needed examination, discovered the presence of Cutthroat Trout at the north end of the creek and, although the creek is degraded and impacted by culverting upstream, are convinced that fish can migrate through the system. D.F.O. had determined the top of bank, which was surveyed and resulted in the 15 m setback requirement. 000790 Minutes of a Public Hearing held Monday, July 20, 1998, at 7:00 p.m. in the Matsqui Centennial Auditorium Page 3 M. Groves, 30523 Burgess Avenue, who co-owns property at 27775 Fraser Highway, objected to the top of bank identified in the study. He said that City of Abbotsford "guidelines" indicate that the setbacks are 15 m from the creek, not the top of bank. He felt that Bertrand Creek had a well-defined water mark, which should be used as the setback. Mr. Groves stated that his family has owned their property for over 100 years, and that these restrictions limit their property rights. He also contested the presence of fish in the creek, the viability of the creek, and suggested that the area would make an excellent park or green space. Later in the Hearing, T. Kooyman wished to speak to the designationoflands on Sumas Way and South Fraser Way, in By-law No. 674-98, as a development permit area. There were no further comments or questions. 2. By-law No. 685-98, O.C.P. Amendment No. 24 (West Abbotsford Planning Area) (3080-2010CP24) If approved, Abbotsford Official Community Plan By-law, 1996, would be amended by: • establishing provisions for the "West Abbotsford Planning Area"; • including policies to help facilitate the development of approximately 880 ground oriented housing units in the planning area; • including measures to accommodate commercial school, park, greenbelt and church uses in the planning area; and • including a number of consequential amendments to the OCP. The Manager, Current Development, explained the intent of By-law No. 685-98, which establishes provisions for the West Abbotsford Planning Area, and consequential amendments to the Official Community Plan. G. Boyle highlighted the proposed West Abbotsford Planning Area and land use definitions and designations to guide development in this area. She also explained that By-law No. 686- 98, "Abbotsford Zoning By-law, 1996, Amendment By-law No. 132", deals with rezoning lands within the West Abbotsford Planning Area for development. K. Rooney, 2887 Bergman Street, stated that when he purchased the property, it was zoned for Low Density Urban Development. The area is unique, with Aldergrove and Langley to the west, and agricultural lands surrounding it. Although not opposed to development in the area, he felt that a carefully-developed plan is needed. Included in his comments were: (1) his objection to holding Public Hearings during the summer months when many residents 000791 Minutes of a Public Hearing held Monday, July 20, 1998, at 7:00 p.m. in the Matsqui Centennial Auditorium Page 4 are on vacation and unable to attend; (2) lack of notification due to publishing the current Official Community Plan public information meetings in a newspaper that did not deliver to this area; (3) notices prepared by the developer which do not accurately reflect the residents' wishes and, in his opinion, provide misleading information; and (4) opposition to higher density housing in this area of predominantly one-acre lots. Mr. Rooney questioned the long-term impact of the proposal, and the difference of opinion amongst the residents regarding the area's environmental sensitivity. He was also concerned about the lack of schools, sidewalks and servicing; proximity to police services; and no transit system. Although West Abbotsford is part of the City, he pointed out that it is distinct, and urged Council to carefully examine the impact of any form of development on the environment. R. Wickstrom also urged Council not to consider the amendment until all the issues are addressed. He stated that questionnaires sent out by the developer did not reflect the true feeling ofthe residents, and expressed concern about compact residential development which has presented problems in the neighbouring Langley Township. He reiterated Mr. Rooney's comments about policing and the environmental sensitivity of Bertrand Creek, which, Mr. Wickstrom said, is an importanttributaryto the Nooksack River in Washington State. He felt this area is not suited to compact residential development and stated a preference for a 5 m, rather than 3 m buffer between residential development and agricultural land. E. Bruce, 27909 Swensson Avenue, spoke in favour of the development plan; however, he did not want to see baseball or soccer fields, but favoured more family-oriented passive parks for the residents. J. Kocsis approved of the development concept plan, but was concerned that more government regulations will prevent him from subdividing his property. He noted that the Fish Protection Act will affect this by-law, and urged Council not to proceed until the impact ofthis Act is known.

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