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DRAFT Minutes of the REGULAR MEETING of
Delta Municipal Council held Monday, May 30, 2005 at 7:00 p.m. at the
Kennedy House Seniors' Recreation Centre, Main Hall, 11760 - 88th
Avenue, Delta, B.C. |
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PRESENT: Mayor Lois Jackson,
Chair
Councillor Robert Campbell
Councillor Krista Engelland
Councillor Guy Gentner
Councillor Scott Hamilton
Councillor Vicki Huntington
Councillor Bruce McDonald
ALSO PRESENT:
George Harvie Chief Administrative Officer
John DuMont Director
of Human Resources and Corporate
Planning
Kip Gaudry
Director of Community Planning and
Development
Ken Kuntz
Director of Parks, Recreation and Culture
Ian Radnidge Director
of Engineering
MUNICIPAL Gil
Mervyn Municipal Clerk
CLERKS OFFICE: Diane Steinberger
Committee Clerk
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EVENING SESSION |
ANNOUNCEMENTS
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By Mayor Jackson: |
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Mayor Jackson
extended condolences to the family, friends and coworkers of Constable
Steve Parker who recently passed away at the age of 44 years. A
memorial service in celebration of his life and honouring his service to
Delta was held earlier in the day.
A memorial service was also held earlier
this day for Dan Schweers, a Delta citizen who served our community
through his commitment to Delta's youth by his involvement with baseball
in North Delta. |
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SPECIAL RECOGNITION |
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North Delta Air
Cadets |
Mayor Jackson welcomed members of North
Delta Air Cadets, Squadron 819, who were in attendance to be recognized
for their participation in a project at Delta's Earthwise Garden. |
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As part of a Canada-wide program to teach
youth environmental awareness and stewardship, Squadron 819 assisted for
a day at Delta's Earthwise Garden. Mayor Jackson congratulated the
cadets for their environmental leadership by participating in this
initiative, as well as providing a valuable service to the community. |
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MOVED By Cllr. Hamilton,
SECONDED By Cllr. McDonald, THAT the Agenda
for the Committee of the Whole be endorsed.
CARRIED UNANIMOUSLY |
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Resolve into Committee
of the Whole |
MOVED By Cllr. Engelland,
SECONDED By Cllr. Huntington, THAT this
meeting now resolve into Committee of the Whole.
CARRIED UNANIMOUSLY |
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B. DELEGATIONS /
PRESENTATIONS |
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Restrictive Covenant
– 25 Georgia Wynd (B.01) |
Report by
the Community Planning and Development Department dated May 17, 2005
regarding Restrictive Covenant – 25 Georgia Wynd (King). (File:
LU05060)
Correspondence from Marilynn King dated April 2, 2005 (On Table) |
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Presentation: |
Kip Gaudry, Director of Community Planning
and Development, provided an overview of Marilynn King's request to have
a restrictive covenant registered on the title of her property to ensure
protection of a stand of trees in perpetuity. |
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The owner stated this was one proactive
method of environmental stewardship, and public awareness of this
initiative could promote similar requests. |
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It was also commented many property owners
remove trees to facilitate property maintenance. Ms. King suggested
this natural resource could be protected by offering assistance to those
individuals who are unable to maintain their trees, such as some of
Delta's senior citizens. |
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-- Recommendations Endorsed |
MOVED By Cllr. Hamilton,
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A. THAT the proposed restrictive
covenant for tree protection be prepared by the Municipal Solicitor and
registered on the title of the subject property |
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B. THAT the legal document preparation
fee of $500 for the Restrictive Covenant, and $550 application fee be
waived in this instance. |
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C. THAT the Mayor and Municipal Clerk
be authorized to sign all documents pertaining to this development.
CARRIED UNANIMOUSLY |
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North Delta
Transportation Issues (B.02) |
Memorandum from the Director of Engineering
dated May 27, 2005 regarding River Road, South Fraser Perimeter Road and
the Sunbury Neighborhood update. (File: 6.5.4.501.7.14)
Sunbury Neighbourhood Association
presentation and background material; and additional notes provided On
Table. |
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Presentation: |
Ian Radnidge, Director of Engineering,
provided an overview of the project's history to date, noting the South
Fraser Perimeter Road (SFPR) is a project of the Provincial Gateway
Program. River Road was identified as part of the Major Regional
Network, requiring approval from TransLink relative to changing truck
regulations. |
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Delta's actions taken to address public
concerns regarding the truck traffic on River Road were reviewed.
TransLink did not support a total truck prohibition, and a response to
Delta's request for a nighttime prohibition is pending. Enforcement of
this corridor has been increased, and traffic signal timings have been
reviewed and improved. |
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Tim Murphy, Manager of Roads &
Transportation, provided an overview of several options developed by
Creative Transportation Systems, a firm retained by Delta to study
access options between the SFPR and the residential neighbourhoods in
North Delta. It was stated staff support the avoidance of direct
connections from River Road to the SFPR, noting local roads are
generally not connected directly to freeway class roadways. |
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Mr. Radnidge advised the Provincial Gateway
Program has been requested to consider alternative cross sections for
this section of the SFPR, including a tunnel option through North
Delta. Gateway has verbalized a commitment to work directly with the
Sunbury Neighbourhood Association towards the mitigation of all
concerns. |
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Next steps would include updating the
Provincial Gateway Program with community and Council commentary, noting
specifically that direct access to the Sunbury/Annieville neighbourhoods
was not supported. |
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Delegation: |
Pat Lavery, Sunbury Neighbourhood
Association
Don Hunt, Sunbury Neighbourhood Association |
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Ms. Lavery identified the socio-community
impacts of the proposed South Fraser Perimeter Road and noted several
areas of concern such as air quality and climate change; light and noise
abatement; health issues; neighbourhood livability; and traffic volume
and safety. Socio-economic concerns included the destruction of some of
North Delta's only waterfront view property, and the potential negative
impacts on the value of remaining properties. |
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Ms. Lavery emphasized the need to ensure
neighbourhood input relative to the location and design of the SFPR, and
the importance of mitigating community concerns. |
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Mr. Hunt emphasized the need to ensure the
Provincial Government implements measures to protect Delta's
archaeological history, specifically the Glenrose Cannery site, one of
the oldest available sites in the world. |
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Mr. Hunt also commented on the
responsibility of the Provincial and Federal Governments to adequately
stand behind their environmental protection designations and policies
that were initiated to protect North Delta's Habitat, much of which has
been red listed i.e. highest priority for protection. Mr. Hunt stated
alternative siting and design mitigation must be pursued to the maximum
extent possible to protect this irreplaceable habitat. |
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Mr. Hunt referred to the rich heritage of
the properties located in the proposed SFPR area, and the many heritage
homes that would either be expropriated or devalued by being close to,
or under, a freeway. |
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Mr. Hunt encouraged the exploration of other
alternatives, such as tunneling, in the context of overall cost,
construction, environment, socio-economic impacts, and long term
capacity and performance efficiency. He reiterated that decisions
should not be made solely on construction costs, and must ensure the
protection of Delta's assets. |
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Speaker |
Following the delegation, Mr. Larry Reed, a
resident on River Road, provided information relative to a recent
Gateway meeting. He reported meeting commentary as follows:
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Burlington National Railroad (BNR) have initiated a study
relative to double tracking, i.e. highway being built over railway;
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No access routes through Delta without consent;
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Construction will not commence for 4 – 5 years; and
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If BNR successful, highway link with River Road would be
before the cannery site.
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-- Motion Endorsed |
MOVED By Cllr. Gentner, THAT staff be
directed to schedule a Council workshop with the Executive Members of
the Sunbury Neighbourhood Association before summer; and that Gateway
staff be invited to participate in this session.
CARRIED UNANIMOUSLY |
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-- Motion Endorsed |
MOVED By Cllr. Hamilton, THAT a letter be
prepared for the Mayor's signature to the Greater Vancouver Regional
District requesting that an Air Quality Monitoring Station be positioned
on River Road to provide baseline air quality information for this
corridor.
CARRIED UNANIMOUSLY |
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-- Motion Endorsed |
MOVED By Cllr. Gentner, THAT the
presentation by the Sunbury Neighbourhood Association be referred to
Gateway for consideration and response.
CARRIED UNANIMOUSLY |
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-- Motion Endorsed |
MOVED By Cllr. Campbell, THAT a letter be
prepared for the Mayor's signature to Gateway stating Council's
opposition relative to any options for River Road access from the
proposed South Fraser Perimeter Road between the boundaries of Elevator
Road and Centre Street.
CARRIED UNANIMOUSLY |
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MOVED By Cllr. Gentner, THAT, in principle,
the design concept of terracing of the South Fraser Perimeter Road not
be supported. |
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-- Motion Postponed |
MOVED By Cllr. Gentner, THAT consideration
of the Main Motion be postponed pending further discussion with the
Sunbury Neighbourhood Association.
CARRIED UNANIMOUSLY |
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-- Motion Endorsed |
MOVED By Cllr. Campbell, THAT the option of
a cover over the roadway of the proposed South Fraser Perimeter Road
through North Delta is supported to address sound and light attenuation
concerns; and to provide greenspace opportunities, such as bicycle
paths, along the roadway.
CARRIED UNANIMOUSLY |
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Rise from Committee of
the Whole |
MOVED By Cllr. Gentner, THAT the Committee
of the Whole now rise and that the regular order of business be resumed.
CARRIED
UNANIMOUSLY |
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MOVED By Cllr. Gentner,
SECONDED By Cllr. Hamilton, THAT the
resolutions made by the Committee of the Whole on the 30th
day of May, 2005 be adopted as resolutions of Council.
CARRIED UNANIMOUSLY |
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C. RECEIPT AND APPROVAL OF MINUTES |
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Receipt and Approval
of Minutes (C.01) |
MOVED By Cllr. Gentner,
SECONDED By Cllr.
Engelland, THAT the Minutes of the Regular Meeting of May 16, 2005 be
received and adopted as circulated.
CARRIED
UNANIMOUSLY |
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Notice of
Reconsideration |
Councillor
Huntington provided Notice of Reconsideration of the May 16, 2005
Council resolution pertaining to the relocation of the historic net shed
at 4259/4267 River Road West to Wellington Point (Item F.07). |
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Receipt of Advisory
Committee Minutes (C.02) |
MOVED By Cllr. Engelland,
SECONDED By
Cllr. Huntington, THAT the following Minutes of the Advisory Committees
be received for information.
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Standing Committee on Finance – March 17, 2005
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Traffic and Safety Advisory Committee – May 4, 2005
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Boundary Bay Airport Advisory Committee – May 11, 2005
CARRIED
UNANIMOUSLY |
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D. UNFINISHED BUSINESS / VERBAL UPDATES |
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Delta Hospital
(D.01) |
Verbal
update by the Chief Administrative Officer regarding Delta Hospital. |
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The Chief
Administrative Officer advised there was no new information to report
relative to Delta Hospital. |
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E. BYLAWS |
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BYLAWS FOR FIRST AND SECOND READINGS AND
REFERRAL TO PUBLIC HEARING |
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Delsom Estates
(E.01) |
Report by
the Community Planning and Development Department dated May 27, 2005
regarding
Official
Community Plan Amendment, Rezoning, Road Closure and Subdivision - 84
Avenue (Delsom Estates)
(File: LU04061/LU04216 & B/L's 6387, 6388 & 6393)
Correspondence from Cheryl and Greg Stafford dated May 29, 2005 (On
Table) |
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Presentation: |
Kip Gaudry,
Director of Community Planning and Development, identified the 100-acre
site, and noted the key design principle of the project was
sustainability. Public consultation for the proposal commenced in May
2004. |
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Thomas
Leathem, Manager of Long Range Planning, provided an overview of the
Official Community Plan (OCP) amendment component for this proposal, and
the applicable policies. |
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Mr. Leathem
detailed the public consultation process to date, and reviewed the
special designations created to reflect the unique nature of the Delsom
development. The proposed development would include a mix of
single-family and multi‑family residential, commercial and seniors'
housing and parks/open space. |
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Mr. Leathem
reviewed the proposed 5,000 sq. ft. commercial development. An
independent study was commissioned by Delta to determine potential
impacts to existing commercial space. The results of the study
indicated it would not have a negative impact on the existing Nordel
shopping area as North Delta is underserved relative to commercial
space. |
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Wally
Semenoff, Manager of Development, detailed the permitted uses and
densities of the eight subcategories of the proposed Comprehensive
Development Zone. |
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Ian
Radnidge, Director of Engineering, commented on the access strategy to
the development. In response to concerns from nearby residents, an
access point at 84th Avenue and 108th Street has
been agreed upon, with further details to be discussed with the
developer. |
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Ken Kuntz,
Director of Parks, Recreation and Culture, commented on the park
components of the development, noting a central feature of a 5-acre
park. He advised there are a total of 12 acres dedicated to greenspace,
and further details relative to the park components would be available
following completion of the Master Plan. |
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In response
to Council, the Director of Community Planning and Development, stated
the higher density was in exchange for the inclusion of more green
spaces. In addition, it was noted the area was considered a transition
zone from single-family residential to higher density living. |
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MOVED By
Cllr. Gentner,
SECONDED By
Cllr. Hamilton, THAT the meeting be extended to 10:20 p.m.
CARRIED
UNANIMOUSLY |
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A. THAT
first and second readings be given to Bylaw No. 6387, 2005. (This bylaw
would amend “The Corporation of Delta Official Community Plan Bylaw
No. 3950, 1985” by amending the designation and the development permit
guidelines for the Delsom Estates properties, to allow development of a
Medium Density Residential community with a village commercial centre,
based on sustainability principles. |
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B. THAT
the Official Community Plan, as amended, be confirmed as being
consistent with the Current Financial Plan, and the Liquid and Solid
Waste Management Plans, as required by the Local Government Act. |
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C. THAT
first and second readings be given to Bylaw No. 6388, 2005. (This bylaw
would amend “Delta Zoning Bylaw No. 2750, 1977” to rezone the Delsom
Estates properties to C.D.339-1 through C.D.339-8 and to P to permit the
land to be developed for single family residential uses, townhouses, a
private recreation amenity building, commercial uses, seniors housing,
and public parks and pathways.) |
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D. THAT
first, second and third readings be given to “Road Closure and
Cancellation Bylaw No. 6393, 2005”. (This bylaw would close an 8,230 m2
portion of road (84 Avenue) created by Highway Plan 11235, and a 2,380 m2
portion of road (Richardson Gate) created by Plan 79636 for inclusion
into the development proposal.) |
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E. THAT a
public notice be published in the local newspaper and posted on the
Municipal Notice Board to notify the public of the proposed road closure
and cancellation. |
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F. THAT
Development Variance Permit No. LU04216 be considered. (This
Development Variance Permit would waive the requirements of Section 914
of the Zoning Bylaw regarding special setbacks from the centre line of
84 Avenue and Dunlop Road.) |
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G. THAT
Bylaw Nos. 6387 and 6388 and the Development Variance Permit LU04216 be
referred to a Public Hearing on June 16, 2005, in North Delta. |
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H. THAT,
in accordance with Section 944 (2) of the Local Government Act,
proposed pie-shaped lots fronting on
proposed cul-de-sacs and the two proposed park lots be exempted from the
statutory minimum 10% lot perimeter frontage requirement, provided that
the frontages are not less than 6.0 m. |
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I. THAT
a right-in and right-out access on Nordel Way be approved for the
village commercial centre site subject to an acceptable design to the
satisfaction of the Director of Engineering. |
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J. THAT
the owners satisfy the following requirements as a condition of final
adoption: |
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1.
Enter into a master development agreement which provides:
a.
Road dedication, rights of way, vehicular, and pedestrian access
improvements, street planting, and servicing to the satisfaction of the
Director of Engineering;
b.
A geotechnical feasibility study to the satisfaction of the
Director of Community Planning and Development, including the
identification of steep slope areas where a detailed geotechnical review
in accordance with Delta's Guideline for Geotechnical Requirements is
necessary;
c.
Statutory rights-of-way for public access on certain pathways;
d.
A park dedication of not less than 5 hectares;
e. Design and security for
park sites and pathways to the satisfaction of the Director of Parks,
Recreation and Culture; |
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f. Section 219 Restrictive Covenants with
respect to:
i.
tree retention;
ii.
prohibiting secondary suites;
iii.
stipulating and implementing building design guidelines for
single family residential developments;
iv.
concurrent development commercial buildings and seniors' housing;
and
v.
providing a water meter on each lot. |
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2.
Determine the value of the road areas being closed and pay Delta
for the land value added to the project;
3.
Resolve the status and disposition of 104 Street between Dunlop
Road and Nordel Way and, if acquired, pay Delta for the land value; and
4.
With the approval of the Director of Community Planning and
Development, retain the services of a consultant to review project plans
and agreements. |
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K. THAT
all measures to protect trees on the subject site and on adjacent public
property be reviewed and inspected by Delta staff and deemed acceptable
prior to any soil removal, deposit or redistribution and construction. |
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L. THAT
the Municipality is authorized to transfer the roads closed by Bylaw No.
6393 to Delsom Estates Ltd. or its nominee upon adoption of the bylaw
and agreement on the price and other terms associated with such
transfer. |
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M. THAT
the Mayor and Municipal Clerk be authorized to sign all documents
pertaining to this development. |
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Meeting Extended |
MOVED By
Cllr. Gentner,
SECONDED By
Cllr. Engelland, THAT the meeting be extended to 10:35 p.m.
CARRIED
UNANIMOUSLY |
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CALL FOR
DIVISION |
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-- Recommendations Endorsed |
Question
was called on Recommendations A and B.
CARRIED
Cllrs.
Engelland and Huntington opposed |
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-- Recommendation C Amended |
MOVED By
Cllr. Gentner,
SECONDED By
Cllr. Hamilton, THAT Recommendation C of the Main Motion be amended to
read:
C. THAT
first and second readings be given to Bylaw No. 6388, 2005. (This bylaw
would amend “Delta Zoning Bylaw No. 2750, 1977” to rezone the Delsom
Estates properties to C.D.339-1, to a maximum size of 3,552
sq. feet, in accordance with the existing cap applicable to North Delta,
and C.D. 339-2 through C.D.339-8
and to P to permit the land to be developed for single family
residential uses, townhouses, a private recreation amenity building,
commercial uses, seniors housing, and public parks and pathways.)
CARRIED
UNANIMOUSLY |
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-- Recommendation Endorsed as Amended |
Question
was called on Recommendation C as amended.
CARRIED
Cllrs.
Engelland and Huntington opposed |
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-- Recommendations Endorsed |
Question
was called on Recommendations D, E, F, G and H.
CARRIED
UNANIMOUSLY |
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-- Recommendation Defeated |
Question
was called on Recommendation I.
DEFEATED
UNANIMOUSLY |
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-- Recommendation J Amended |
MOVED By
Cllr. Gentner,
SECONDED By Cllr.
Hamilton, THAT Recommendation J subsection 1.a be amended to read:
a.
Road dedication, rights of way, vehicular, and pedestrian
access improvements, street planting, and servicing to the satisfaction
of the Director of Engineering, as directed by Council.
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-- Recommendations Endorsed as Amended |
Question was called
on Recommendation J, as amended, and Recommendations K, L, and M.
CARRIED UNANIMOUSLY |
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-- Bylaw 6387 |
MOVED By
Cllr. Gentner,
SECONDED By
Cllr. Campbell, THAT
THE CORPORATION OF DELTA
OFFICIAL COMMUNITY PLAN BYLAW NO. 3950, 1985 AMENDMENT (DELSOM –
LU04061) BYLAW NO. 6387, 2005 be given First and Second Readings.
CARRIED
Cllrs.
Engelland and Huntington opposed |
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-- Bylaw 6388 |
MOVED By
Cllr. Gentner,
SECONDED By
Cllr. Hamilton, THAT DELTA ZONING BYLAW NO. 2750, 1977 AMENDMENT (C.D.
339 – DELSOM ESTATES – LU04216) BYLAW NO. 6388, 2005 be given First and
Second Readings as amended.
CARRIED
Cllrs.
Engelland and Huntington opposed |
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-- Bylaw 6393 |
MOVED By
Cllr. Campbell,
SECONDED By
Cllr. Hamilton, THAT DELTA ROAD CLOSURE AND CANCELLATION (DELSOM ESTATES
– LU04216) BYLAW NO. 6393, 2005 be given First, Second and Third
Readings.
CARRIED
UNANIMOUSLY |
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RESOLUTION TO TERMINATE |
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Terminate |
MOVED By
Cllr. Hamilton,
SECONDED By
Cllr. Gentner, THAT this meeting now terminate.
CARRIED
UNANIMOUSLY |
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The meeting
terminated at 10:40 p.m. |
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Due to termination of the meeting, the
following items will be considered at the June 13, 2005 Regular Council
Meeting: |
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BYLAWS FOR FIRST, SECOND AND THIRD READINGS |
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E.02
Local Area Service - 111B St & Fuller Crescent
– Bylaw 6298 |
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F. REPORTS |
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F.01 Final Adoption Bylaw 6257 – 7126 –
116 St.
F.02 New Applications Received
F.03 116th St. & 92nd
Ave. Revitalization Project
F.04 2005 UBCM
Resolutions
F.05 Ladner Pioneer
Library |
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H. CORRESPONDENCE |
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H.02 Streamside
Protection Regulation
H.03 Protection –
White Sturgeon (Species at Risk Act)
H.04 Delta Recycling
Society Earthwise |
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INFORMATION ITEMS |
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H.05 Correspondence
for Information (External) |
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_______________________
Lois E.
Jackson
Mayor
CERTIFIED
CORRECT:
_______________________
Gil Mervyn
Municipal
Clerk |