7903-0098-00
City of Surrey
Development Permit
Development Variance Permit
PLANNING & DEVELOPMENT REPORT
File: 7903-0098-00 Proposal:
Development Permit to allow
construction of three new commercial
buildings. Development Variance Permit
to relax setbacks of existing and
proposed buildings and building height
for a portion of a proposed building.
Recommendation: Approval to Proceed
Location:
9450 & 9470 - 120
Street
OCP
Designation:
Commercial
LAP
Designation:
Commercial
Zoning:
C-8
Owners:
Tara
Development
(1999) Ltd.
and CPRG
Investments
Ltd.
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PROJECT TIMELINE
Completed Application Submission Date:
Planning Report Date:
The applicant is proposing:
a Development Permit; and
March 21, 2003
June 23, 2003
a Development Variance Permit to vary the following By-law regulations:
· to reduce the minimum west side yard setback of the C-8 Zone from 7.5 metres (25 ft.) to 0.0 metre of
proposed Building F on proposed Lot B;
· to reduce the minimum north side yard setback of the C-8 Zone from 7.5 metres (25 ft.) to 5.0 metres (16
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ft.) of existing Building A on proposed Lot A;
· to reduce the minimum rear yard setback of the C-8 Zone from 7.5 metres (25 ft.) to 3.6 metres (12 ft.) of
existing Building B on proposed Lot A; and
· to relax the maximum building height for a portion of proposed Building E from 12 metres (40 ft.) to 14
metres (46 ft.) on proposed Lot B in order to permit the development of three new commercial buildings and to allow a lot line adjustment between the
properties at 9450 and 9470 - 120 Street.
The Planning & Development Department recommends that:
1. Council rescind the resolution issuing Development Permit No. 7902-0130-00.
2. Council authorize staff to draft Development Permit No. 7903-0098-00 in accordance with the attached
drawings (Appendix II).
3. Council approve Development Variance Permit No. 7903-0098-00 (Appendix V), varying the following, to
proceed to Public Notification:
(a) to reduce the minimum west side yard setback of the Community Commercial Zone from 7.5 metres
(25 ft.) to 0.0 metre (0 ft.) of proposed Building F on proposed Lot B;
(b) to reduce the minimum north side yard setback of the Community Commercial Zone from 7.5 metres
(25 ft.) to 5.0 metres (16 ft.) of existing Building A on proposed Lot A;
(c) to reduce the minimum east side yard setback of the Community Commercial Zone from 7.5 metres (25
ft.) to 3.6 metres (12 ft.) of existing Building B on proposed Lot A; and
(d) to relax the maximum building height for a portion of proposed Building E from 12 metres (40 ft.) to
14 metres (46 ft.) on proposed Lot B. 3. Council instruct staff to resolve the following issues prior to approval:
(a) ensure that all engineering requirements and issues including restrictive covenants, and rights-of-way
where necessary, are addressed to the satisfaction of the General Manager, Engineering;
(b) submission of a subdivision layout to the satisfaction of the Approving Officer;
(c) resolution of the Advisory Design Panel recommendations to the satisfaction of the Planning &
Development Department;
(d) submission of a landscaping cost estimate to the specifications and satisfaction of the City Landscape
Architect; and
(e) issuance of Development Variance Permit No. 7903-0098-00.
REFERRALS
Engineering:
The Engineering Department has no objection to the project
subject to the completion of Engineering servicing requirements
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as identified in the attached (Appendix III).
SITE CHARACTERISTICS
· Existing Land Use
· Significant Site Attributes
· East:
· South:
· West:
· North:
Commercial uses including Royal Bank of Canada, a restaurant,
a retail commercial building and parking lot.
The site slopes from east to west with existing vegetation along
the east and south property lines.
Single family residences zoned RF, designated Multiple
Residential.
Along Scott Road, a retail commercial building zoned C-8,
Wendy's Restaurant under Land Use Contract No. 508 and
commercial uses zoned C-15, all designated Commercial.
Across Scott Road, Commercial strip mall (Municipality of
Delta).
Scott Town Plaza, zoned C-8, designated Commercial.
PLAN AND POLICY COMPLIANCE
OCP Designation:
Complies.
LAP Designation:
Complies.
DEVELOPMENT CONSIDERATIONS
Background
The subject site is designated Commercial in the Official Community Plan and zoned C-8 Community
Commercial.
On January 7, 2002, Council approved Development Permit No. 7900-0243-00 to allow the construction of two
new commercial buildings on the subject site. The southern building consisted of a banquet hall and retail/office
uses. The northern building consisted of a movie theatre with two cinemas and retail/office uses. Council also
approved Development Variance Permit No. 7900-0243-00 to relax the maximum building height for the
northern new building, to relax the height of an accessory structure to allow a sign tower, and to vary the side
yard setbacks for two existing commercial buildings under the C-8 Zone.
Subsequent to the issuance of Development Permit and Development Variance Permit No. 7900-0243-00, the
properties were subdivided from two lots into three lots. An easement and Section 219 Restrictive Covenant for
reciprocal access and shared parking has been registered on the title against all three lots under Application No.
7900-0243-00.
In addition, there was also a Restrictive Covenant registered on the lot at 9450 – 120 Street (where the two new
buildings were proposed) prohibiting development until the owner has deposited security for the installation of a
traffic signal on Scott Road around the 94A Avenue alignment.
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In April 2002, the movie theatre operator decided not to locate at this site. The owner then applied for a new
Development Permit to amend the design of the northerly building to accommodate retail uses on the ground
level and restaurants/offices on the second level. The overall site layout and design intent were in keeping with
the originally approved DP No. 7900-0243-00. Development Permit No. 7902-0130-00 was approved by
Council on May 28, 2002. A copy of the approved site plan under DP No. 7902-0130-00 is in Appendix VI for
reference. This permit is still valid and due to expire on May 28, 2004 (two years from the date of issuance).
The applicant submitted a building permit application in October 2002 based on the approved DP No. 79020130-00. However, upon further consideration, the owner advised that the construction costs of the development
rendered the project not financially feasible. The owner decided not to proceed with the building permit
application.
In March 2003, the owner retained another architect and submitted a revised site layout and building design. As
the revised scheme represented a major departure from the approved DP, a new Development Permit application
is required.
Present Proposal
The present proposal is to construct three new commercial buildings on the subject site at 9450 – 120 Street. The northern building (Building E) is proposed to be 2 storeys with retail uses on ground level and banquet hall
and offices on the second level. The proposed south-westerly building (Building F) will be 1 storey with ground
level retail uses. The proposed south-easterly building (Building G) will be 1 storey with a caretaker's unit on
the second level. Building D is an existing building located at 9470 – 120 Street and was vacant for some time. A building permit
for tenant improvement was recently issued to allow internal renovations of the building to accommodate a fruit
& vegetable market. The applicant is proposing to adjust the lot line between the two properties to include
Building D on the easterly lot (9450 – 120 Street). Building E is proposed to adjoin existing Building D.
The proposed floor area for the three new buildings is approximately 8,131.5 sq.m. (87,530 sq.ft.). The existing
Building D is approximately 1,393.5 sq.m. (15,000 sq.ft.). The total floor area for the easterly lot will be 9,525
sq.m. (102,530 sq.ft.). The floor area for the westerly lot after the lot line adjustment will be 1,130 sq.m.
(12,164 sq.ft.). The floor area ratio (FAR) and lot coverage based on the proposed Lot B (2.011 hectares) will
be 0.48 and 35%. The FAR and lot coverage for the proposed Lot A (i.e. existing Buildings A & B) will be 0.19
and 19% respectively.
All the proposed uses including retail stores, offices, restaurants and banquet hall are permitted under the C-8
Zone. The proposed floor area ratio and the lot coverage for both lots are within the maximum 0.80 and 50%
permitted under the C-8 Zone.
Based on the floor area proposed, the applicant calculated that a total of 475 parking spaces for commercial uses
and 2 parking spaces for the caretaker's suite will be required. The applicant indicated that banquet hall uses and
the retail/office uses are operating at different times of the day. The applicant proposes that the shared parking
provision be applied for the parking requirement calculations. Based on 75% of the total parking requirements,
a total of 356 parking spaces for commercial uses and an additional 2 parking spaces for the caretaker's suite will
be required. This will bring the parking requirement for a total of 358 parking spaces. A total of 379 parking
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spaces are provided for the three lots.
The Engineering Department has advised that reciprocal access and parking with the adjacent sites to the south
(9412 and 9430 – 120 Street) must be maintained. Due to modifications to the site plan, the statutory right-ofway registered under Plan LMP 52451 must be amended to reflect the changes. In addition, the applicant is
required to provide funding in the amount of $120,000 for the traffic signal prior to issuance of building permit
by the City. Approval for the installation of the signal is being sought from the Corporation of Delta.
DESIGN PROPOSAL AND REVIEW
In the previously approved Development Permit (7902-0130-00), the banquet hall is located on the southerly
building with a roof deck on the second level. There were concerns about noise and privacy due to the adjacent
multiple residential uses to the south.
The applicant proposes to locate the banquet hall use on the second level of the northerly building (Building E)
further away from the residential uses to the south. There will not be any roof deck or balcony for the banquet
hall uses. The applicant indicated that the banquet hall could be split to provide two separate functions. The
ground level of the northerly building is for retail uses. Building F will be one-storey retail/office building and
Building G will be one-storey with a small second level for a caretaker's suite.
There are two driveway entrances to the site from 120 Street. No vehicular access will be permitted from 94
Avenue, 94A Avenue and 95 Avenue. There is a pedestrian spine developed through the site to connect 94A
Avenue and 120 Street. Through this central spine, there are other pedestrian connections which branch out to
the various buildings.
The applicant proposes to create urban spaces between the buildings, marked with decorative paving and
landscaped areas. Decorative trellis with vine, fence, gate and light standards have been incorporated in the
design of the cul-de-sac area.
The exterior building materials include tilt-up concrete walls painted in light grey ("Foggy London") colour with
brown concrete wall accents. The proposed roofing materials are pre-finished metal cap and metal flashing in a
medium grey colour ("Tram Grey"). All ground floor retail units have aluminum storefronts with glazing. There are tinted glass windows and spandrel panels on the second level. These include the west and south
elevations of Building E, the north, east and west elevations of Building F and the north and west elevations of
Building G. Metal canopies in red colour are proposed above the storefront windows and at building entrances. There is an architectural element with a metal canopy extending from the roof of Building F and supported by a
vertical structure at the entrance of the building.
All roof-top mechanical units will be screened by horizontal metal panels in the same colour as the concrete
panels of the buildings.
Two free-standing signs are proposed for the development. The height of the free-standing signs is proposed to
be 7.5 metres (25 ft.) high. Both signs have cultured stone finish as the base and a project logo on the top. This
complies with the maximum height (7.5 metres/25 ft.) of a free-standing sign permitted under the Sign By-law
for this area. Signage for the individual businesses are located in the middle within an aluminium frame in an
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illuminated sign box. The proposed sign area complies with the maximum 27.8 sq.m. (300 sq.ft.) for double
faced signs allowed under the Sign By-law. Fascia identification signage is proposed to be individual threedimensional lettering, cut out or cast, backlit neon or spot light.
Along 120 Street, boulevard trees are proposed along with low shrub plantings to screen parked cars. There is a
cedar hedge proposed to screen the building along the east side of the site abutting the single family residential
homes. Due to a 10-metre (33 ft.) wide statutory right-of-way for utilities along the east property line of the
development site, the possibility of incorporating landscaping within the right-of-way area is limited.
ADVISORY DESIGN PANEL
ADP Meeting Date: May 15, 2003
Some of the ADP suggestions have been satisfactorily addressed except with the following, which will be addressed
before final approval:
Rear elevation of Buildings E & G along the east and south property line should be further developed to respond
to single family interface including detailing, reveals, colours to break up massing and installation of tree
planting directly adjacent to the building. Light fixtures should be carefully considered in terms of potential
glare for residences.
Details of free-standing sign should be further considered to relate more closely to the architectural design of the
buildings. Signage of banquet hall to be clarified.
Tree planting along the face of building should be considered where possible to mitigate the massing of
buildings.
Loading and garbage areas should be screened from view.
Tighter tree spacing and more conifers should be planted along the south property line interfacing the residential
uses.
Tree planting must respond to the utility right-of-way along the east property line. Root barrier for cedar
hedging should be specified along the east property line.
Gate details and treatment around the 94A Avenue cul-de-sac should be provided to the satisfaction of the
Planning & Development Department.
Landscaping along 120 Street, particularly at the pedestrian entry plaza area, should be revised to the satisfaction
of the City Landscape Architect.
BY-LAW VARIANCES AND JUSTIFICATION
(a) Requested Variance:
· To relax the westerly setback of proposed Building F from 7.5 metres (25 ft.) to 0.0 m on proposed Lot B.
Applicant's Reasons:
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· The proposed building has an irregular configuration with a recessed north-east corner to increase visibility
of the building at the back. The west elevation of Building F is staggered and have retail stores and parking
in the front. A portion of Building F is sited along the west property line abutting the adjoining property.
· The adjoining property to the west (9412 – 120 Street) is under Land Use Contract No. 508 and the rear
portion is zoned C-8. The site is occupied by a Wendy's Restaurant with a drive-through component. The
existing building and parking lot are located in the front facing Scott Road. The rear C-8 portion of the
property is undeveloped and cannot be built upon given the split zoning situation.
Staff Comments:
· The adjoining properties (9412 & 9430 – 120 Street) to the west of Building F are designated Commercial
and developed for retail commercial uses. There is adequate separation between the proposed building and
the existing buildings. The property at 9430 – 120 Street functions as one commercial development with a
reciprocal access and parking easement registered on the property.
· The proposed Building F is separated from the Land Use Contract portion of the property at 9412 – 120
Street by a minimum of 33 metres (108 ft.).
· The Planning & Development Department has no objection to the requested variance.
(b) Requested Variance:
· To relax the north side yard setback of existing Building A from 7.5 metres (25 ft.) to 5.0 metres (16 ft.) on
proposed Lot A.
Applicant's Reasons:
· The building was constructed under the previous C-R(1) Retail Commercial Zone One of Zoning By-law
No. 5942 which allowed for a minimum of 3.0 metres (10 ft.) for side yard setbacks. The applicant is not
proposing any changes or additions to the existing building.
· This requested variance was previously approved under Development Variance Permit No. 7900-0243-00. Since the applicant is not proceeding with Development Permit No. 7900-0243-00, this setback relaxation is
included again in this Development Variance Permit application.
Staff Comments:
· The applicant is proposing a subdivision to adjust the east and west lot lines between the two properties. Even though there is no change in the lot line along the north property line, opportunity is taken to correct
the non-conformity as part of this development application.
· Since the property to the north is designated Commercial and zoned C-8, the Planning & Development
Department has no objection to the requested variance.
(c) Requested Variance:
· To relax the east side yard setback of existing Building B from 7.5 metres (25 ft.) to 3.6 metres (12 ft.) on
proposed Lot A to allow a lot line adjustment.
Applicant's Reasons:
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· Currently, there are three buildings (Buildings A, B & D) on the property at 9470 – 120 Street. The
applicant proposes to subdivide the two properties at 9450 & 9470 – 120 Street such that Building D will be
located on the new property at 9450 – 120 Street.
· The applicant has plans to stratify the commercial units for the proposed new buildings and Building D. The applicant recognizes that with the existing lease agreements for Building A and B, it would be difficult
to obtain consent to stratify the two existing buildings.
Staff Comments:
· There are no changes proposed to the existing Buildings B & D. The setback variance is related to an
internal space within an overall commercial development.
· The Planning & Development Department has no objection to the requested variance subject to the
applicant confirming that the buildings will comply with the Building Code requirements based on the new
property line.
(d) Requested Variance:
· To vary the maximum building height for a portion of Building E from 12 metres (40 ft.) to 14 metres (46
ft.).
Applicant's Reasons:
· The applicant is proposing to construct Building E abutting the existing Building D. In order to provide a
variation where the buildings adjoin, the architect has designed a slightly taller element which incorporates
spandrel glass in front. The height of this element is 14 metres (46 ft.) as measured from the average
finished grade.
· The length of the façade for this taller element is about 12 metres (40 ft.). The rest of the Building E and
Building D complies with the maximum height permitted under the C-8 Zone.
Staff Comments:
· The maximum building height allowable under C-8 Zone is 12 metres (40 ft.) as measured from the average
finished grade. By joining the new building (Building E) to Building D, the overall appearance of the
building is quite massive. The intent to break up the massing by introducing a slightly taller element can be
supported. The tall element is only for a length of 12 metres (40 ft.) where Building E adjoins Building D.
· There was a previous variance approved to relax the maximum building height to 13.5 metres (44 ft.) to
accommodate stadium seating. The requested variance is similar to the previously approved variance.
INFORMATION ATTACHED TO THIS REPORT
The following information is attached to this Report:
Appendix I. Lot Owners, Action Summary and Project Data Sheets
Appendix II. Proposed Subdivision Layout, Site Plan, Typical Floor Plans and Elevations, Landscape Plans and
Perspective
Appendix III. Engineering Summary
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Appendix IV. ADP Comments and Applicant's Response
Appendix V. Development Variance Permit No. 7903-0098-00
Appendix VI. Approved Site Plan under Development Permit No. 7902-0130-00
INFORMATION AVAILABLE ON FILE
· Detailed Engineering Comments dated May 12, 2003.
· Soil Contamination Review Questionnaire prepared by Ranjit Rai, Tara Development (1999) Ltd. and dated June 9,
2003.
Murray Dinwoodie
General Manager
Planning and Development
GK/kms
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KMS 6/23/03 9:17 AM
APPENDIX I
Information for City Clerk
Legal Description and Owners of all lots that form part of the application:
1. (a) Agent: Name:
Wojciech Grzybowicz, WG Architecture Inc.
Address: 1030 - 470 Granville Street
Vancouver, B.C.
V6C 1V5
Tel: 604-331-2378
2. Properties involved in the Application
(a) Civic Addresses:
9450 and 9470 - 120 Street
(b) Civic Address:
9450 - 120 Street
Owners:
Tara Development (1999) Ltd. and CPRG Investment Ltd.
PID:
025-232-517
Lot 2 Section 31 Township 2 New Westminster District Plan LMP 52450
(c) Civic Address:
9470 - 120 Street
Owners:
Tara Development (1999) Ltd. and CPRG Investment Ltd.
PID:
025-232-509
Lot 1 Section 31 Township 2 New Westminster District Plan LMP 52450
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(a) Proceed with Public Notification for Development Variance Permit No. 7903-0098-00.
(b) Remove Notice of Development Permit No. 7902-0130-00 from title.
SUBDIVISION DATA SHEET
Existing Zoning: C-8
Requires Project Data
GROSS SITE AREA
Acres
Hectares
NUMBER OF LOTS
Existing
Proposed
SIZE OF LOTS
Range of lot widths (metres)
Range of lot areas (square metres)
DENSITY
Lots/Hectare & Lots/Acre (Gross)
Lots/Hectare & Lots/Acre (Net)
SITE COVERAGE (in % of gross site area)
Maximum Coverage of Principal &
Accessory Building
Estimated Road, Lane & Driveway Coverage
Total Site Coverage
PARKLAND
Area (square metres)
% of Gross Site
PARKLAND
5% money in lieu
TREE SURVEY/ASSESSMENT
MODEL BUILDING SCHEME
HERITAGE SITE Retention
Proposed
6.5
2.61
2
2
12.5 m and 98.4 m
5,991 m² and 19,870 m²
0.76 lot/ha or 0.3 lot/ac
35%
52.2%
87.2%
n/a
Required
NO
NO
NO
NO
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BOUNDARY HEALTH Approval
DEV. VARIANCE PERMIT required
Road Length/Standards
Works and Services
Building Retention
Others
NO
NO
NO
YES
NO
DEVELOPMENT DATA SHEET
Lot 2 Existing Zoning: C-8
Required Development Data
Minimum Required /
Proposed
Maximum Allowed
LOT AREA* (in square metres)
Gross Total
Road Widening area
Undevelopable area
Net Total
19,870 m²
LOT COVERAGE (in % of net lot area)
Buildings & Structures
50%
35%
Paved & Hard Surfaced Areas
52.2%
Total Site Coverage
87.2%
SETBACKS ( in metres)
Front (West)
7.5 m
3.53 m and 0.0 m
Rear (East)
7.5 m
10.08 m
Side #1 (North)
7.5 m
16.23 m
Side #2 (South)
7.5 m
9.29 m
BUILDING HEIGHT (in metres/storeys)
Principal
12 m
12 m and 14 m*
Accessory
4.5 m
NUMBER OF RESIDENTIAL UNITS
Bachelor
One Bed
Two Bedroom
1
Three Bedroom +
Total
FLOOR AREA: Residential
92.9 m²
FLOOR AREA: Commercial
Retail
6,850 m²
Office
963 m²
Banquet Hall
1,618.7 m²
FLOOR AREA: Industrial
n/a
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FLOOR AREA: Institutional
TOTAL BUILDING FLOOR AREA
* For a portion of Building E
Development Data Sheet cont'd
Required Development Data
DENSITY
# of units/ha /# units/acre (gross)
# of units/ha /# units/acre (net)
FAR (gross)
FAR (net)
AMENITY SPACE (area in square metres)
Indoor
Outdoor
PARKING (number of stalls)
Commercial
Industrial
Residential Bachelor + 1 Bedroom
2-Bed
3-Bed
Residential Visitors
Institutional
Total Number of Parking Spaces
Number of disabled stalls
Number of small cars
Tandem Parking Spaces: Number / % of
Total Number of Units
Size of Tandem Parking Spaces width/length
* include in total
Heritage Site
NO
15,896 m²
n/a
9,525 m²
Minimum Required /
Maximum Allowed
0.8
0.8
356
2
358
7
95
Proposed
0.48
0.48
377
2
379
11*
28*
Tree Survey/Assessment Provided
NO
MULTIPLE BUILDINGS DATA SHEET
Existing Zoning: C-8
Required Development Data
Building #E and
Building #F
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Building #G
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SETBACK (in metres)
Front (West)
Rear (East)
Side #1 (North)
Side #2 (South)
Building Height (in metres/storeys)
NUMBER OF RESIDENTIAL UNITS/
SIZE RANGE
Bachelor
One Bedroom
Two Bedroom
Three Bedroom +
TOTAL FLOOR AREA
#D
7.62 m
10.08 m
16.23 m
101.34 m
14 m/2 storeys
n/a
5,955 m²
3.53 m or 0
73.25 m
97.61 m
14.22 m
12 m/1 storey
n/a
1,440 m²
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34.74 m
10.08 m
93.67 m
9.29 m
8.8 m/2 storeys
1
1
2,131 m²