February 16, 2009 Regular Minutes Reg 1
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REGULAR MEETING OF TOWNSHIP COUNCIL Monday, February 16, 2009 at 7:00 p.m. Fraser River Presentation Theatre th 4 Floor, 20338 – 65 Avenue, Langley, BC
MINUTES Present: Mayor Green Councillors J. Bateman, B. Dornan, S. Ferguson, C. Fox, M. Kositsky, B. Long, K. Richter and G. Ward M. Bakken, P. Catlin, C. Corfe and R. Seifi S. Palmer A.
ADOPTION OF MINUTES 1.
Regular Council Meeting – February 2, 2009 Moved by Councillor Ward, Seconded by Councillor Fox, That Council adopt the: 1. Minutes of the Regular Council Meeting held February 2, 2009. 2. Minutes of the Public Hearing held February 9, 2009; and 3. Minutes of the Public Input Meeting – Mufford/64 Avenue Road/Rail Overpass held February 9, 2009. CARRIED
2.
Public Hearing Meeting February 9, 2009 Minutes of the Public Hearing held February 9, 2009.
3.
Public Input Meeting – Mufford/64 Avenue Road/Rail Overpass February 9, 2009 Minutes of the Public Input Meeting – Mufford/64 Avenue Road/Rail Overpass held February 9, 2009. Mayor Green acknowledged the Langley Meadows Cub Scout Troop and their leaders in attendance at the Regular Council meeting.
February 16, 2009 Regular Council Meeting Minutes B.
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PRESENTATIONS 1.
Resettlement of Karen Refugees in Langley Langley Community Services Society Bill Dartnell, Executive Director, Langley Family Services, Sandy Shih, Program Manager, Immigration & Multicultural Services and Saw Joe Teeshara, Karen Worker, Immigration & Multicultural Services, provided a presentation regarding the Resettlement of Karen Refugees in Langley. Bill Dartnell noted that there are 300 Karen residents in the community and then provided an overview of the outreach program. Saw Joe Teeshara provided a PowerPoint presentation describing the history of the Karen people and noted that 1,300 Karen have now immigrated to Canada. He then described the lives of many Karen refugees living in Canada and noted that many work and attend school. He stated that there is a need for translators, English classes, and Youth-at-Risk programs.
C.
DELEGATIONS (UP TO 5 DELEGATIONS) 1.
Dr. R.S. Roman File 0550-07 Dr. Susan Roman, 4085 – 213A Street. appeared before Council to discuss the unacceptable noise from the Langley Flight School students repeatedly flying over her property. She noted that she moved from the Vancouver area to enjoy a more rural setting, however, the noise from the flight school has increased and she has lost quiet enjoyment of her property. She asked that the flight school be restricted from flying over her property evenings and weekends.
D.
REPORTS TO COUNCIL 1.
Development Permit No. 100567 (Tag Construction Ltd.) Report 09-13 File CD 11-07-0024 Moved by Councillor Bateman, Seconded by Councillor Fox, That Council authorize issuance of Development Permit No. 100567 to TAG Construction Ltd. for property located at 21869 56 Avenue, in accordance with Attachment B, subject to the following conditions: a. Building Plans being in compliance with Schedules “A” through “D”; b. Landscaping plans being in substantial compliance with Schedule “E” and in compliance with the Township’s Street Tree and Boulevard Treatment program to the acceptance of the Manager of Parks Design and Development; c. Landscaping to be secured by letter of credit at the building permit stage; d. Provision of a final tree management plan incorporating tree retention, replacement and protection details in compliance with the Township’s Tree Protection Bylaw, to the acceptance of the Manager of Parks Design and
February 16, 2009 Regular Council Meeting Minutes D.
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REPORTS TO COUNCIL Development; e. Rooftop mechanical equipment to be located so that it is not visible from adjacent roads, or alternatively screened from view by compatible architectural treatments; f. All garbage facilities to be located within buildings or to be screened; g. All outdoor storage areas being covered with a dust free surface; and h. All signage being in compliance with Schedules “F" and “G” and the Township’s Sign Bylaw. Although not part of the Development Permit requirements, the applicant is advised that prior to the issuance of a building permit the following items need to be finalized: i.
Provision of an Exterior Lighting Impact Plan prepared by an electrical engineer in compliance with the provisions of the Township’s Exterior Lighting Impact Policy to the acceptance of the Manager of Permits and Licences; j. Submission of an on-site servicing and site specific storm water management plan in accordance with the Subdivision and Development Control Bylaw to the acceptance of the General Manager of Engineering; k. Submission of an Erosion and Sediment Control Plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering; l. Confirmation of water and sewer capacities to the acceptance of the General Manager of Engineering; and m. Payment of supplemental Development Permit fees. Explanation from the proponent. Glen Bell, Bell and Giuriato, and Michael Grant, TAG Construction Ltd., were in attendance and advised that Tag Construction seeks to develop new headquarters at 21869 – 56 Avenue. He noted that Tag Construction met with Township staff to review the development location and the company purchased the property. He noted this property is already zoned Industrial, not in the Agriculture Land Reserve, and will be situated behind the existing Rawlins business building. Submissions regarding Development Permit No. 100567 from the public. The following submission was provided regarding Development Permit No. 100567 from the public: 1. Michael Robson, 21837 – 61 Avenue, was in attendance and commented that he had concerns relative to the ALR and the appropriate use of the land. CARRIED Councillor Richter opposed
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING 1.
Official Community Plan Amendment and Rezoning Application No. 100065 (Vieira/Soni) Bylaw No. 4724 Bylaw No. 4725 Report 09-15 File CD 08-01-0089 Moved by Councillor Ward, Seconded by Councillor Bateman, That Council give first and second reading to Rezoning Bylaw No. 4725 (and accompanying Murrayville Community Plan Amendment Bylaw No. 4724) to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1.
2. 3.
4. 5. 6.
7.
8.
Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions on 51B Avenue in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; Submission of design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the northern property line to the acceptance of the Manager of Parks Design and Development; Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development; Registration of a restrictive covenant defining the environmental non-disturbance area and preventing further encroachment of the existing dwelling into it; Registration of a restrictive covenant prohibiting any further subdivision of the subject site beyond the current proposal; Registration of a restrictive covenant advising the owner and occupants of their proximity to the Langley Regional Airport and the Agricultural Land Reserve and the potential for sound, odour, and other impacts from normal airport and agricultural activities; Registration of a restrictive covenant requiring at the subdivision approval stage the submission of a noise study and the new dwelling to incorporate sound insulation to achieve acceptable interior noise levels adjacent to the Langley Regional Airport; Payment of supplemental rezoning application fees and site servicing review fees; and further
That Council authorize staff to schedule the required public hearing. CARRIED
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING 2.
Rezoning and Community Plan Amendment Application No. 100063 and Development Permit No. 100559 (Marcon Homes (Crossbreeze) Ltd.) Bylaw No. 4719 Bylaw No. 4720 Report 09-16 File CD 08-12-0026 Moved by Councillor Ferguson, Seconded by Councillor Ward, That Council give first and second reading to Rezoning Bylaw No. 4720 (and accompanying Murrayville Community Plan Amendment Bylaw No. 4719) rezoning 1.31 ha (3.23 acres) of land located at the northwest corner of 56 Avenue and 210A Street to Comprehensive Development Zone CD-72 to facilitate development of 236 apartment units, subject to the following development prerequisites being satisfied prior to final reading: 1. Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; 2. Completion of a traffic impact study to the acceptance of the General Manager of Engineering; 3. Provision of road dedication (2.44 metres on 56 Avenue and a corner truncation at the 56 Avenue / 210A Street intersection) in accordance with Schedule P-1 of the Township’s Subdivision and Development Control Bylaw (Policy Section) as amended to reflect this requirement to the acceptance of the General Manager of Engineering; 4. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No. 4470 including provision of a final tree management plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design and Development; 5. Provision of a CPTED (Crime Prevention through Environmental Design) review of the development (including design and operation of the parkade, elevator, pedestrian connections, amenity areas, playgrounds, and lighting) by a qualified CPTED professional (in consultation with the Langley RCMP), to the acceptance of the Director of Community Development, including incorporation of the CPTED recommendations into the final development plans; 6. Landscape plans being finalized to reflect on-site compliance with the Child Friendly Amenity Area requirement, to the acceptance of the Manager of Parks Design and Development; 7. Register a restrictive covenant prohibiting access to the site from 56 Avenue and prohibiting off-street parking on 56 Avenue abutting the site, to the acceptance of the General Manager of Engineering; 8. Receipt of final approval from Transport Canada and NAV Canada regarding height of buildings and the use of cranes during the construction process; 9. Payment of supplemental Rezoning Application fee, Integrated Site Design Concept (ISDC) Review fee, and Site Servicing Review fee;
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING That Council at time of final reading of Bylaw No. 4720 authorize issuance of Development Permit No. 100559 subject to the following conditions: a) Building plans being in substantial compliance with Schedules “A” through “N”; b) Final on-site landscaping plans being in substantial compliance with Schedules “O” and “P”, and in compliance with the Township’s Tree Protection Bylaw, Child Friendly Amenity Area requirement and Street Tree and Boulevard Treatment policy, subject to final acceptance of the Manager of Parks Design and Development; c) On-site landscaping to be secured by letter of credit at the building permit stage; d) All garbage facilities to be located within buildings or screened; and further That Council authorize staff to schedule the required public hearing for the Community Plan amendment and Rezoning Bylaws in conjunction with Development Permit No. 100559. CARRIED 3.
Rezoning Application No. 100322 Development Permit No. 100562 (96th Avenue Development Group Ltd.) Bylaw No. 4718 Report 09 File CD 09-02-0139 Moved by Councillor Long, Seconded by Councillor Fox, That Council give first and second reading to Bylaw No. 4718 rezoning 2.82 ha (6.97 acres) of land located at 20327 96 Avenue to Comprehensive Development Zone CD-14 to facilitate the development of four (4) industrial / commercial buildings, subject to the following development prerequisites being satisfied prior to final reading: 1. Applicant entering into a Servicing Agreement with the Township to secure utility upgrades and extensions where required, in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering; 2. Provision of an overall stormwater management plan for the site to the acceptance of the General Manager of Engineering; 3. Applicant to dedicate to the Municipality the required widening of 96 Avenue and 203 Street in accordance with the Township’s Subdivision and Development Control Bylaw; 4. Provide a public access right of way ten (10) metres wide on the east perimeter of the site and six (6) metres wide on the north perimeter of the site for the landscaped buffer / trail; 5. Applicant to register a restrictive covenant requiring ongoing maintenance of the plantings within the landscaped buffer / trail; 6. Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development;
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING 7. Completion of landscaping plans, including plans for the landscaped buffer / trail, to the acceptance of the Manager of Parks Design and Development; 8. Provision of street trees in compliance with the Township’s Street Tree and Boulevard Treatment program to the acceptance of the Manager of Parks Design and Development; 9. Applicant to register cross access easements over lots 1, 2 and 3 at the time of subdivision; 10. Applicant to register a restrictive covenant prohibiting parking on 96 Avenue; 11. Applicant to register a restrictive covenant prohibiting truck and trailer access to and from 96 Avenue and restricting vehicle access to and from 96 Avenue to right turns only; 12. Applicant to discharge the restrictive covenant allowing portions of the subject lands to be developed for the industrial uses in the Service Industrial Zone M-1A; 13. Payment of supplemental rezoning application fees, site servicing review fees and integrated site design concept (ISDC) review fees. That Council at the time of final reading of Bylaw No. 4718 authorize the issuance of Development Permit No. 100562 for the proposed industrial and commercial development subject to the following conditions: a) b) c) d) e) f) g)
Building plans being in substantial compliance with Schedules “A” to “I”; Landscape plans being in substantial compliance with Schedules “J” to “M” and in compliance with the Township’s Street Tree and Boulevard and Treatment program to the acceptance of the Manager of Parks Design and Development; Signage to be in substantial compliance with Schedule “N” and in compliance with the Township of Langley Sign Bylaw; Fascia signage shall consist of channel lettering; Rooftop mechanical equipment to be located so that it is not visible from adjacent roads or alternatively to be screened from view by compatible architectural treatment; Garbage facilities to be located within screened enclosures and screened from view by compatible architectural treatment; Section 914.4 of the Township Zoning Bylaw 1987 No. 2500 being varied from a minimum 5.0 metre side lot line setback from a flanking street to permit a minimum 2.0 metre side lot line setback from a flanking street as shown in Schedule “C”;
Although not part of the Development Permit requirements, the applicant is advised that prior to the issuance of a building permit the following items will need to be finalized: h) i) j) k)
Landscaping (including the buffer / trail) and boulevard treatment to be secured by letter of credit; Compliance with the Township’s Exterior Lighting Impact Policy, including the provision of an Exterior Lighting Impact Plan to the acceptance of the Manager of Permits and Licences Department; Issuance of an Erosion and Sediment Control permit in conjunction with the Township’s Erosion and Sediment Control Bylaw; Submission of a stormwater management plan to the acceptance of the General Manager of Engineering;
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING l) Payment of supplemental Development Permit application fees; and further That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4718 in conjunction with the hearing for proposed Development Permit No. 100562. CARRIED
F.
BYLAWS FOR FIRST, SECOND AND THIRD READING 1.
Township of Langley Controlled Substance Amending Bylaw Bylaw No. 4722 Report 09-17 File PROTSERV 3900-01 Moved by Councillor Bateman, Seconded by Councillor Dornan, That Council give first, second and third reading to Township of Langley Controlled Substance Amending Bylaw 2009 No. 4722. CARRIED
G.
BYLAWS FOR CONSIDERATION AT THIRD READING 1.
Rezoning Application RZ100320 (Beedie Group - 60 Avenue) Bylaw No. 4716 Report 09-02 File CD 14-08-0033 Moved by Councillor Ferguson, Seconded by Councillor Ward, That Council give third reading to Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Beedie Group/60 Avenue) Bylaw 2009 No. 4716. CARRIED
H.
BYLAWS FOR FINAL ADOPTION
I.
CORRESPONDENCE
J.
ASSOCIATIONS, AGENCIES AND OTHER GOVERNMENT ITEMS
February 16, 2009 Regular Council Meeting Minutes K.
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MAYOR’S REPORT Mayor Green reported that he attended several events in the course of his duties. He noted that a TransLink Regional Chairs meeting was held at the Civic Facility, and that he attended a joint meeting with Fraser Valley Real Estate Board, 2010 BC Summer Games Nominating Committee meeting, and a meeting with the Hon. John Cummins, MP, among others. He advised that the first Mayor’s Monthly Community Forum will be held Saturday, February 28, 2009 at Milner Chapel Hall, an informal drop-in session for residents of Township of Langley.
L.
METRO VANCOUVER REPRESENTATIVE’S REPORT
M.
ITEMS FROM PRIOR MEETINGS
N.
ITEMS BROUGHT FORWARD FOR PUBLIC INFORMATION FROM SPECIAL CLOSED MEETINGS The following information was brought forward from the February 2, 2009 Special Closed Meeting: Salvation Army Gateway of Hope Community Council That Council appoint Councillor Ferguson as the representative on the Salvation Army Gateway of Hope Community Council and Councillor Ward as the alternate.
O.
ITEMS FOR INFORMATION
P.
ITEMS HAVING PRIOR NOTICE OF MOTION
February 16, 2009 Regular Council Meeting Minutes Q.
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OTHER BUSINESS Councillor Richter provided the following Notice of Motion for consideration at the next Regular Council meeting: 1.
Cowboys Nightclub Whereas Cowboys is a nightclub operation located in Aldergrove; It has a liquor licence; It is now attempting to operate with exotic dancers; Now, therefore be it resolved as follows that: 1. Staff determine if Cowboys Nightclub is operating within the appropriate zoning and business licence requirements; 2. Staff ask the Liquor Licencing Department to review and determine if such uses are authorized under the Liquor Licence; 3. If Cowboys are operating outside of their licencing requirements, that the necessary steps be taken to cease the inappropriate operation(s) immediately. Councillor Richter provided the following Notice of Motion for consideration at the next Regular Council meeting:
2.
Langley Flight School Whereas the Langley Flight School operations and the noise it generates has seriously and significantly impacted the quality of life of residents in the Murrayville area as described to Council by Dr. R.S. Roman in her delegation on February 16, 2009. Therefore be it resolved that Council ask staff to investigate the flight school to determine changes in hours of operation and flight patterns that should be made in order to allow residents in Murrayville to enjoy their properties in some peace and quiet after 5:00 p.m. on weekdays and on Saturdays and Sundays. Councillor Richter provided the following Notice of Motion for consideration at the next Regular Council meeting:
3.
Domaine de Chaberton Estate Winery Whereas a letter has been received from Domaine de Chaberton Estate Winery expressing objection to a soil deposit application made for 1061- 216 Street; therefore Be it resolved that staff provide information relative to the soil fill application to Council.
February 16, 2009 Regular Council Meeting Minutes Q.
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OTHER BUSINESS 4.
Finance Committee Moved by Councillor Fox, Seconded by Councillor Ward, Whereas Council has received no notes or minutes of the Standing Committee of Council Finance Committee and the only way to find out what is happening is through the local press; and Whereas most communities have gone to third reading on its budget; Therefore be it resolved that the Finance Committee prepare and provide a preliminary report to Council on Monday, March 2, 2009 outlining the progress made to date and any recommendations on future budget deliberations. AMENDMENT Moved by Councillor Long, Seconded by Councillor Richter, That the date be amended to March 3, 2009. CARRIED Councillors Bateman, Ferguson, Fox, and Ward opposed Councillor Fox left the meeting at 9:05 p.m. and rejoined the meeting at 9:07 p.m. AMENDMENT Moved by Councillor Bateman, Seconded by Councillor Ward, That Council receive a written report from the Finance Committee the day before the March 3, 2009 Finance Committee meeting to allow 24 hours for consideration and to come up with thoughtful questions. DEFEATED Mayor Green, Councillors Bateman, Dornan, Ferguson, Kositsky, Long, and Richter opposed The question was called on the Main Motion, as Amended, and it was CARRIED Councillors Fox and Ward opposed
February 16, 2009 Regular Council Meeting Minutes Q.
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OTHER BUSINESS Councillor Fox provided the following Notice of Motion for consideration at the next Regular Council meeting: 5.
Property Endowment Fund Whereas Mr. Maitland made a presentation to the joint Finance and Council Priorities Committee meeting on the background and basic tenets of the Property Endowment Fund as it works in the City of Vancouver which is governed by the Vancouver Charter; Be it resolved that staff contract with Mr. Maitland to identify specific properties in the Township “non-DCC” land identified inventory that has potential re-sale value and this be prepared as a report to Council; and Be it resolved that upon completion of the land review, Mr. Maitland review the Township policies and processes as to land holdings and disposition and recommend amendments to the Township’s current bylaws, policies and procedures to establish the transformation of the Township’s Land Reserve fund to a Township Property Endowment Fund.
R.
ADDITIONAL DELEGATIONS
S.
TERMINATE Moved by Councillor Long, Seconded by Councillor Dornan, That the meeting terminate at 9:15 p.m. CARRIED CERTIFIED CORRECT:
Mayor
Deputy Township Clerk
REGULAR MEETING OF TOWNSHIP COUNCIL Monday, February 16, 2009 at 7:00 p.m. Fraser River Presentation Theatre th 4 Floor, 20338 – 65 Avenue, Langley, BC
MINUTES Present: Mayor Green Councillors J. Bateman, B. Dornan, S. Ferguson, C. Fox, M. Kositsky, B. Long, K. Richter and G. Ward M. Bakken, P. Catlin, C. Corfe and R. Seifi S. Palmer A.
ADOPTION OF MINUTES 1.
Regular Council Meeting – February 2, 2009 Moved by Councillor Ward, Seconded by Councillor Fox, That Council adopt the: 1. Minutes of the Regular Council Meeting held February 2, 2009. 2. Minutes of the Public Hearing held February 9, 2009; and 3. Minutes of the Public Input Meeting – Mufford/64 Avenue Road/Rail Overpass held February 9, 2009. CARRIED
2.
Public Hearing Meeting February 9, 2009 Minutes of the Public Hearing held February 9, 2009.
3.
Public Input Meeting – Mufford/64 Avenue Road/Rail Overpass February 9, 2009 Minutes of the Public Input Meeting – Mufford/64 Avenue Road/Rail Overpass held February 9, 2009. Mayor Green acknowledged the Langley Meadows Cub Scout Troop and their leaders in attendance at the Regular Council meeting.
February 16, 2009 Regular Council Meeting Minutes B.
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PRESENTATIONS 1.
Resettlement of Karen Refugees in Langley Langley Community Services Society Bill Dartnell, Executive Director, Langley Family Services, Sandy Shih, Program Manager, Immigration & Multicultural Services and Saw Joe Teeshara, Karen Worker, Immigration & Multicultural Services, provided a presentation regarding the Resettlement of Karen Refugees in Langley. Bill Dartnell noted that there are 300 Karen residents in the community and then provided an overview of the outreach program. Saw Joe Teeshara provided a PowerPoint presentation describing the history of the Karen people and noted that 1,300 Karen have now immigrated to Canada. He then described the lives of many Karen refugees living in Canada and noted that many work and attend school. He stated that there is a need for translators, English classes, and Youth-at-Risk programs.
C.
DELEGATIONS (UP TO 5 DELEGATIONS) 1.
Dr. R.S. Roman File 0550-07 Dr. Susan Roman, 4085 – 213A Street. appeared before Council to discuss the unacceptable noise from the Langley Flight School students repeatedly flying over her property. She noted that she moved from the Vancouver area to enjoy a more rural setting, however, the noise from the flight school has increased and she has lost quiet enjoyment of her property. She asked that the flight school be restricted from flying over her property evenings and weekends.
D.
REPORTS TO COUNCIL 1.
Development Permit No. 100567 (Tag Construction Ltd.) Report 09-13 File CD 11-07-0024 Moved by Councillor Bateman, Seconded by Councillor Fox, That Council authorize issuance of Development Permit No. 100567 to TAG Construction Ltd. for property located at 21869 56 Avenue, in accordance with Attachment B, subject to the following conditions: a. Building Plans being in compliance with Schedules “A” through “D”; b. Landscaping plans being in substantial compliance with Schedule “E” and in compliance with the Township’s Street Tree and Boulevard Treatment program to the acceptance of the Manager of Parks Design and Development; c. Landscaping to be secured by letter of credit at the building permit stage; d. Provision of a final tree management plan incorporating tree retention, replacement and protection details in compliance with the Township’s Tree Protection Bylaw, to the acceptance of the Manager of Parks Design and
February 16, 2009 Regular Council Meeting Minutes D.
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REPORTS TO COUNCIL Development; e. Rooftop mechanical equipment to be located so that it is not visible from adjacent roads, or alternatively screened from view by compatible architectural treatments; f. All garbage facilities to be located within buildings or to be screened; g. All outdoor storage areas being covered with a dust free surface; and h. All signage being in compliance with Schedules “F" and “G” and the Township’s Sign Bylaw. Although not part of the Development Permit requirements, the applicant is advised that prior to the issuance of a building permit the following items need to be finalized: i.
Provision of an Exterior Lighting Impact Plan prepared by an electrical engineer in compliance with the provisions of the Township’s Exterior Lighting Impact Policy to the acceptance of the Manager of Permits and Licences; j. Submission of an on-site servicing and site specific storm water management plan in accordance with the Subdivision and Development Control Bylaw to the acceptance of the General Manager of Engineering; k. Submission of an Erosion and Sediment Control Plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering; l. Confirmation of water and sewer capacities to the acceptance of the General Manager of Engineering; and m. Payment of supplemental Development Permit fees. Explanation from the proponent. Glen Bell, Bell and Giuriato, and Michael Grant, TAG Construction Ltd., were in attendance and advised that Tag Construction seeks to develop new headquarters at 21869 – 56 Avenue. He noted that Tag Construction met with Township staff to review the development location and the company purchased the property. He noted this property is already zoned Industrial, not in the Agriculture Land Reserve, and will be situated behind the existing Rawlins business building. Submissions regarding Development Permit No. 100567 from the public. The following submission was provided regarding Development Permit No. 100567 from the public: 1. Michael Robson, 21837 – 61 Avenue, was in attendance and commented that he had concerns relative to the ALR and the appropriate use of the land. CARRIED Councillor Richter opposed
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING 1.
Official Community Plan Amendment and Rezoning Application No. 100065 (Vieira/Soni) Bylaw No. 4724 Bylaw No. 4725 Report 09-15 File CD 08-01-0089 Moved by Councillor Ward, Seconded by Councillor Bateman, That Council give first and second reading to Rezoning Bylaw No. 4725 (and accompanying Murrayville Community Plan Amendment Bylaw No. 4724) to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1.
2. 3.
4. 5. 6.
7.
8.
Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions on 51B Avenue in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; Submission of design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the northern property line to the acceptance of the Manager of Parks Design and Development; Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development; Registration of a restrictive covenant defining the environmental non-disturbance area and preventing further encroachment of the existing dwelling into it; Registration of a restrictive covenant prohibiting any further subdivision of the subject site beyond the current proposal; Registration of a restrictive covenant advising the owner and occupants of their proximity to the Langley Regional Airport and the Agricultural Land Reserve and the potential for sound, odour, and other impacts from normal airport and agricultural activities; Registration of a restrictive covenant requiring at the subdivision approval stage the submission of a noise study and the new dwelling to incorporate sound insulation to achieve acceptable interior noise levels adjacent to the Langley Regional Airport; Payment of supplemental rezoning application fees and site servicing review fees; and further
That Council authorize staff to schedule the required public hearing. CARRIED
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING 2.
Rezoning and Community Plan Amendment Application No. 100063 and Development Permit No. 100559 (Marcon Homes (Crossbreeze) Ltd.) Bylaw No. 4719 Bylaw No. 4720 Report 09-16 File CD 08-12-0026 Moved by Councillor Ferguson, Seconded by Councillor Ward, That Council give first and second reading to Rezoning Bylaw No. 4720 (and accompanying Murrayville Community Plan Amendment Bylaw No. 4719) rezoning 1.31 ha (3.23 acres) of land located at the northwest corner of 56 Avenue and 210A Street to Comprehensive Development Zone CD-72 to facilitate development of 236 apartment units, subject to the following development prerequisites being satisfied prior to final reading: 1. Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; 2. Completion of a traffic impact study to the acceptance of the General Manager of Engineering; 3. Provision of road dedication (2.44 metres on 56 Avenue and a corner truncation at the 56 Avenue / 210A Street intersection) in accordance with Schedule P-1 of the Township’s Subdivision and Development Control Bylaw (Policy Section) as amended to reflect this requirement to the acceptance of the General Manager of Engineering; 4. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No. 4470 including provision of a final tree management plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design and Development; 5. Provision of a CPTED (Crime Prevention through Environmental Design) review of the development (including design and operation of the parkade, elevator, pedestrian connections, amenity areas, playgrounds, and lighting) by a qualified CPTED professional (in consultation with the Langley RCMP), to the acceptance of the Director of Community Development, including incorporation of the CPTED recommendations into the final development plans; 6. Landscape plans being finalized to reflect on-site compliance with the Child Friendly Amenity Area requirement, to the acceptance of the Manager of Parks Design and Development; 7. Register a restrictive covenant prohibiting access to the site from 56 Avenue and prohibiting off-street parking on 56 Avenue abutting the site, to the acceptance of the General Manager of Engineering; 8. Receipt of final approval from Transport Canada and NAV Canada regarding height of buildings and the use of cranes during the construction process; 9. Payment of supplemental Rezoning Application fee, Integrated Site Design Concept (ISDC) Review fee, and Site Servicing Review fee;
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING That Council at time of final reading of Bylaw No. 4720 authorize issuance of Development Permit No. 100559 subject to the following conditions: a) Building plans being in substantial compliance with Schedules “A” through “N”; b) Final on-site landscaping plans being in substantial compliance with Schedules “O” and “P”, and in compliance with the Township’s Tree Protection Bylaw, Child Friendly Amenity Area requirement and Street Tree and Boulevard Treatment policy, subject to final acceptance of the Manager of Parks Design and Development; c) On-site landscaping to be secured by letter of credit at the building permit stage; d) All garbage facilities to be located within buildings or screened; and further That Council authorize staff to schedule the required public hearing for the Community Plan amendment and Rezoning Bylaws in conjunction with Development Permit No. 100559. CARRIED 3.
Rezoning Application No. 100322 Development Permit No. 100562 (96th Avenue Development Group Ltd.) Bylaw No. 4718 Report 09 File CD 09-02-0139 Moved by Councillor Long, Seconded by Councillor Fox, That Council give first and second reading to Bylaw No. 4718 rezoning 2.82 ha (6.97 acres) of land located at 20327 96 Avenue to Comprehensive Development Zone CD-14 to facilitate the development of four (4) industrial / commercial buildings, subject to the following development prerequisites being satisfied prior to final reading: 1. Applicant entering into a Servicing Agreement with the Township to secure utility upgrades and extensions where required, in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering; 2. Provision of an overall stormwater management plan for the site to the acceptance of the General Manager of Engineering; 3. Applicant to dedicate to the Municipality the required widening of 96 Avenue and 203 Street in accordance with the Township’s Subdivision and Development Control Bylaw; 4. Provide a public access right of way ten (10) metres wide on the east perimeter of the site and six (6) metres wide on the north perimeter of the site for the landscaped buffer / trail; 5. Applicant to register a restrictive covenant requiring ongoing maintenance of the plantings within the landscaped buffer / trail; 6. Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development;
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING 7. Completion of landscaping plans, including plans for the landscaped buffer / trail, to the acceptance of the Manager of Parks Design and Development; 8. Provision of street trees in compliance with the Township’s Street Tree and Boulevard Treatment program to the acceptance of the Manager of Parks Design and Development; 9. Applicant to register cross access easements over lots 1, 2 and 3 at the time of subdivision; 10. Applicant to register a restrictive covenant prohibiting parking on 96 Avenue; 11. Applicant to register a restrictive covenant prohibiting truck and trailer access to and from 96 Avenue and restricting vehicle access to and from 96 Avenue to right turns only; 12. Applicant to discharge the restrictive covenant allowing portions of the subject lands to be developed for the industrial uses in the Service Industrial Zone M-1A; 13. Payment of supplemental rezoning application fees, site servicing review fees and integrated site design concept (ISDC) review fees. That Council at the time of final reading of Bylaw No. 4718 authorize the issuance of Development Permit No. 100562 for the proposed industrial and commercial development subject to the following conditions: a) b) c) d) e) f) g)
Building plans being in substantial compliance with Schedules “A” to “I”; Landscape plans being in substantial compliance with Schedules “J” to “M” and in compliance with the Township’s Street Tree and Boulevard and Treatment program to the acceptance of the Manager of Parks Design and Development; Signage to be in substantial compliance with Schedule “N” and in compliance with the Township of Langley Sign Bylaw; Fascia signage shall consist of channel lettering; Rooftop mechanical equipment to be located so that it is not visible from adjacent roads or alternatively to be screened from view by compatible architectural treatment; Garbage facilities to be located within screened enclosures and screened from view by compatible architectural treatment; Section 914.4 of the Township Zoning Bylaw 1987 No. 2500 being varied from a minimum 5.0 metre side lot line setback from a flanking street to permit a minimum 2.0 metre side lot line setback from a flanking street as shown in Schedule “C”;
Although not part of the Development Permit requirements, the applicant is advised that prior to the issuance of a building permit the following items will need to be finalized: h) i) j) k)
Landscaping (including the buffer / trail) and boulevard treatment to be secured by letter of credit; Compliance with the Township’s Exterior Lighting Impact Policy, including the provision of an Exterior Lighting Impact Plan to the acceptance of the Manager of Permits and Licences Department; Issuance of an Erosion and Sediment Control permit in conjunction with the Township’s Erosion and Sediment Control Bylaw; Submission of a stormwater management plan to the acceptance of the General Manager of Engineering;
February 16, 2009 Regular Council Meeting Minutes E.
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BYLAWS FOR FIRST AND SECOND READING l) Payment of supplemental Development Permit application fees; and further That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4718 in conjunction with the hearing for proposed Development Permit No. 100562. CARRIED
F.
BYLAWS FOR FIRST, SECOND AND THIRD READING 1.
Township of Langley Controlled Substance Amending Bylaw Bylaw No. 4722 Report 09-17 File PROTSERV 3900-01 Moved by Councillor Bateman, Seconded by Councillor Dornan, That Council give first, second and third reading to Township of Langley Controlled Substance Amending Bylaw 2009 No. 4722. CARRIED
G.
BYLAWS FOR CONSIDERATION AT THIRD READING 1.
Rezoning Application RZ100320 (Beedie Group - 60 Avenue) Bylaw No. 4716 Report 09-02 File CD 14-08-0033 Moved by Councillor Ferguson, Seconded by Councillor Ward, That Council give third reading to Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Beedie Group/60 Avenue) Bylaw 2009 No. 4716. CARRIED
H.
BYLAWS FOR FINAL ADOPTION
I.
CORRESPONDENCE
J.
ASSOCIATIONS, AGENCIES AND OTHER GOVERNMENT ITEMS
February 16, 2009 Regular Council Meeting Minutes K.
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MAYOR’S REPORT Mayor Green reported that he attended several events in the course of his duties. He noted that a TransLink Regional Chairs meeting was held at the Civic Facility, and that he attended a joint meeting with Fraser Valley Real Estate Board, 2010 BC Summer Games Nominating Committee meeting, and a meeting with the Hon. John Cummins, MP, among others. He advised that the first Mayor’s Monthly Community Forum will be held Saturday, February 28, 2009 at Milner Chapel Hall, an informal drop-in session for residents of Township of Langley.
L.
METRO VANCOUVER REPRESENTATIVE’S REPORT
M.
ITEMS FROM PRIOR MEETINGS
N.
ITEMS BROUGHT FORWARD FOR PUBLIC INFORMATION FROM SPECIAL CLOSED MEETINGS The following information was brought forward from the February 2, 2009 Special Closed Meeting: Salvation Army Gateway of Hope Community Council That Council appoint Councillor Ferguson as the representative on the Salvation Army Gateway of Hope Community Council and Councillor Ward as the alternate.
O.
ITEMS FOR INFORMATION
P.
ITEMS HAVING PRIOR NOTICE OF MOTION
February 16, 2009 Regular Council Meeting Minutes Q.
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OTHER BUSINESS Councillor Richter provided the following Notice of Motion for consideration at the next Regular Council meeting: 1.
Cowboys Nightclub Whereas Cowboys is a nightclub operation located in Aldergrove; It has a liquor licence; It is now attempting to operate with exotic dancers; Now, therefore be it resolved as follows that: 1. Staff determine if Cowboys Nightclub is operating within the appropriate zoning and business licence requirements; 2. Staff ask the Liquor Licencing Department to review and determine if such uses are authorized under the Liquor Licence; 3. If Cowboys are operating outside of their licencing requirements, that the necessary steps be taken to cease the inappropriate operation(s) immediately. Councillor Richter provided the following Notice of Motion for consideration at the next Regular Council meeting:
2.
Langley Flight School Whereas the Langley Flight School operations and the noise it generates has seriously and significantly impacted the quality of life of residents in the Murrayville area as described to Council by Dr. R.S. Roman in her delegation on February 16, 2009. Therefore be it resolved that Council ask staff to investigate the flight school to determine changes in hours of operation and flight patterns that should be made in order to allow residents in Murrayville to enjoy their properties in some peace and quiet after 5:00 p.m. on weekdays and on Saturdays and Sundays. Councillor Richter provided the following Notice of Motion for consideration at the next Regular Council meeting:
3.
Domaine de Chaberton Estate Winery Whereas a letter has been received from Domaine de Chaberton Estate Winery expressing objection to a soil deposit application made for 1061- 216 Street; therefore Be it resolved that staff provide information relative to the soil fill application to Council.
February 16, 2009 Regular Council Meeting Minutes Q.
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OTHER BUSINESS 4.
Finance Committee Moved by Councillor Fox, Seconded by Councillor Ward, Whereas Council has received no notes or minutes of the Standing Committee of Council Finance Committee and the only way to find out what is happening is through the local press; and Whereas most communities have gone to third reading on its budget; Therefore be it resolved that the Finance Committee prepare and provide a preliminary report to Council on Monday, March 2, 2009 outlining the progress made to date and any recommendations on future budget deliberations. AMENDMENT Moved by Councillor Long, Seconded by Councillor Richter, That the date be amended to March 3, 2009. CARRIED Councillors Bateman, Ferguson, Fox, and Ward opposed Councillor Fox left the meeting at 9:05 p.m. and rejoined the meeting at 9:07 p.m. AMENDMENT Moved by Councillor Bateman, Seconded by Councillor Ward, That Council receive a written report from the Finance Committee the day before the March 3, 2009 Finance Committee meeting to allow 24 hours for consideration and to come up with thoughtful questions. DEFEATED Mayor Green, Councillors Bateman, Dornan, Ferguson, Kositsky, Long, and Richter opposed The question was called on the Main Motion, as Amended, and it was CARRIED Councillors Fox and Ward opposed
February 16, 2009 Regular Council Meeting Minutes Q.
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OTHER BUSINESS Councillor Fox provided the following Notice of Motion for consideration at the next Regular Council meeting: 5.
Property Endowment Fund Whereas Mr. Maitland made a presentation to the joint Finance and Council Priorities Committee meeting on the background and basic tenets of the Property Endowment Fund as it works in the City of Vancouver which is governed by the Vancouver Charter; Be it resolved that staff contract with Mr. Maitland to identify specific properties in the Township “non-DCC” land identified inventory that has potential re-sale value and this be prepared as a report to Council; and Be it resolved that upon completion of the land review, Mr. Maitland review the Township policies and processes as to land holdings and disposition and recommend amendments to the Township’s current bylaws, policies and procedures to establish the transformation of the Township’s Land Reserve fund to a Township Property Endowment Fund.
R.
ADDITIONAL DELEGATIONS
S.
TERMINATE Moved by Councillor Long, Seconded by Councillor Dornan, That the meeting terminate at 9:15 p.m. CARRIED CERTIFIED CORRECT:
Mayor
Deputy Township Clerk
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