Mayor and Council Phil Blaker, Director, Development Engineering Refund of Cash in Lieu of Construction to Straiten Development Corporation

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1 So A ABBOTSFORD Report No. ENG COUNCL REPORT EXECUTVE COMMTTEE Date: September 10, 2015 File No: R To: From: Subject: Mayor and Council Phil Blaker, Director, Development Engineering Refund of Cash in Lieu of Construction to Straiten Development Corporation RECOMMENDATONS 1. THAT Council approve the refund of a Cash in Lieu of Construction to Straiten Development Corporation in the amount $200,300; 2. THAT Council approve the retention of $25,000 of the cash in lieu of construction for the purpose of providing security for the construction of a pedestrian facility along the Dawson Road frontage; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter. SUMMARY OF THE SSUE n 2012, Straiton Development executed a development agreement relating to the rezoning of the lands at 4633 Sumas Mountain Road. A cash in lieu of road and drainage construction improvements along the Dawson Road frontage of the subject lands was paid to the City of Abbotsford. Recent reviews of the standard for the Dawson Road upgrading have led the Engineering Department to re-consider the need for this cash in lieu of construction. BACKGROUND Straiton Development Corporation ("Straiten Development") applied to rezone property at 4633 Sumas Mountain Road, under application R09-009, in order to allow development of a strata lot subdivision. To support this application, Straiten Development was required to provideamongst other conditions- a cash in lieu of construction of $225,300 to the City of Abbotsford for the future construction of Dawson Road to one half of a 4 lane Urban Collector Undivided roadway. n addition, storm sewer works to drain the urban roadway was also required. With the development of higher density residential an urban type development, both the Planning and Development Services and the Engineering Department support the need to provide a paved pedestrian way along the Dawson Road frontage extending from the west property line of 4633 Sumas Mountain Road to the intersection of Sumas Mountain Road. This work is estimated to cost $25,000 and is intended to be retained as security for this work. The security would be released upon acceptance of the work by the City.

2 Report No. ENG Page 2 of 3 Attachment "A" is a sketch that illustrates the subject property and the two fronting frontage roads. DSCUSSON The subject property borders the extreme north-east portion of the Urban Development Boundary. The manner in which Urban Development Boundary is mapped shows the boundary line in the centre of the Dawson Road right-of-way. Theoretically, the south side of Dawson Road would be constructed to an urban standard with curb, gutter sidewalk, street trees and ornamental street lighting and the north side being constructed to a rural standard with a paved or gravel shoulder. Both Maps 3(a) Major Roads-Rural Area and 3(b) Major Roads-Urban Area of the Official Community Plan identify the Dawson Road frontage as a Collector Road classification. Given the discordance between the two standards for the same roadway, some rationalization is needed with regard to what road standard is required. Changes to the OCP road classifications as shown on Maps 3(a) and 3(b) as provided in Attachment "B" will be incorporated with the current OCP update. Discussions between the Engineering and the Planning and Development Services Departments resulted in a decision that the rural collector standard was appropriate. The existing road width of Dawson Road is essentially meeting this standard. n coming to this decision, it is noted that the Urban Development Boundary in this area of Abbotsford is unlikely to be extended and that the current and projected traffic volumes on Dawson Road could easily be accommodated with the existing two lane roadway section. From a road safety point of view the proposed strata subdivision lots that front onto Dawson Road would be developed such that the driveways would be accessed from an internal road. An emergency access onto Dawson Road would be permitted. Going forward, the logical and reasonable conclusion reached is that the cash in lieu funds paid by Straiton Development to the City of Abbotsford be returned. FNANCAL PLAN MPLCATON The proposed payment is a refund of monies held for a specific purpose, for which they are no longer required. The refund does not impact the financial plan. Date reviewed and approved by the Chief Financial Officer: September 4, MPACTS ON COUNCL POLCES, STRATEGC PLAN AND/OR COUNCL DRECTON The recommendation to refund the cash in lieu of construction for the upgrading of Dawson Road is based on the fairness principle that the City of Abbotsford upholds in its financial dealings with the public and the development industry. n this situation, the required frontage works on Dawson Road is not commensurate with the impact of the proposed development.

3 Report No. ENG Page 3 of 3 SUBSTANTATON OF RECOMMENDATON n the initial assessment of the municipal requirements to support the rezoning of the development parcel at 4633 Sumas Mountain Road, insufficient consideration was given to whether or not the road classification(s) as depicted in the OCP mapping was reasonable, practical and defensible. Phil Blaker P. Eng. Director, Development Engineering Peter Sparanese, P.Eng. General Manager, Engineering and Regional Utilities ATTACHMENTS Attachment "A": Sketch showing subject property and Dawson Road frontage Attachment "B": Official Community Plan Maps 3 (a) and 3 (b) PB/dh

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5 ENG Attachment B - ---, ' ; ::;::;.: -- -., LOOJ: LEGEND :-- Urban Development t....: Area Boundary '.)R 0 laatl,u R ki'jt',:e r'.j_< ' '... J_.....-r:-.'":"'' 1,, Railway Roads Harris Rd. Provincial ;;! E,.; "' Regional Major Arterial Arterial Collector, i t ] J u 0 m t 6! t4,'., :'. LJC ' "-" ' ""... l rli./., r - Huiit1nl1don Rd. J Vye Rd..._., - B- ]./ Future Major Arterial Future Arterial Future Collector Proposed Gravel Haul Route Major Roads - Rural Area! Attachment 8 Map No. N Date 1 Sep 2015 S<ale A 3a 1: 100,000

6 RO: MATSCU RE.S RVE... '"P'!fouoouooooooo ooo" ooo71ld o=-t...l ooj',.uoouuooooo... oon-1,...!!'''' - - ri ' "r- 1'-<, _:i. --- L.... J \ R01 SAHH-A.CUM RESER'-' ;-.,... ' ; i - 1..::..;;::-::,,_ r,. J ir. _., :. _. -r:"'< - -._..! -,. " :N -=- c-' -, ' - - l. -- '_,' ",.,,.. LEGEND r -: Urban Development '- -"' Area Boundary Railway Roads Provincial Regional Major Arterial Arterial Collector Future Major Arterial Future Arterial i E u / r - :,..;. i r e,>... h. U i:?.?.. d ihoo 1 - King Rd <;i.e.,.. ::> ;;;- 0.. ri- r. :;,.. u..,... ; See Map 3a for Major Roads outside of Urban Area ' ;...,.. rlj - i '.. m..,.,:.::j----- Future Collector Proposed Overpass Major Roads- Urban Area Date 1 Sept2015 Scale 1 : 50,000 Attachment 8 Map No. N A 3b