Ph5_96 Avenue Development Group

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (96TH AVENUE DEVELOPMENT GROUP LTD.) BYLAW 2009 NO. 4718

EXPLANATORY NOTE Bylaw No. 4718 rezones property located at 20327 96 Avenue and the vacant lands to the west from General Industrial Zone M-2 and Rural Zone RU-1 to Comprehensive Development Zone CD-14 to accommodate a four (4) lot service industrial / commercial subdivision.

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (96TH AVENUE DEVELOPMENT GROUP LTD.) BYLAW 2009 NO. 4718 A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500 WHEREAS it is deemed necessary and desirable to amend “Township of Langley Zoning Bylaw 1987 No. 2500” as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1.

This Bylaw may be cited for all purposes as “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (96 th Avenue Development Group Ltd.) Bylaw 2009 No. 4718”.

2.

The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning lands described as: Lot 26 District Lot 124 Group 2 New Westminster District Plan 1115 PID: 006-804-161 Lot 8 District Lot 124 New Westminster District Plan BCP34843 PID: 027-405-168 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Comprehensive Development Zone CD-14.

READ A FIRST TIME the

16

day of

February

, 2009

READ A SECOND TIME the

16

day of

February

, 2009

PUBLIC HEARING HELD the

day of

, 2009

READ A THIRD TIME the

day of

, 2009

RECONSIDERED AND ADOPTED the

day of

, 2009

Mayor

Deputy Township Clerk

Bylaw No. 4718 Page 2

REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

FEBRUARY 16, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.)

PROPOSAL:

Rezone 2.82 ha (6.97 acres) of land located at 20327 96 Avenue to Comprehensive Development Zone CD-14 to create a four (4) lot service industrial / commercial subdivision, including the issuance of a Development Permit is also being proposed. RECOMMENDATION SUMMARY:

That Council give first and second reading to Bylaw No. 4718, subject to completion of thirteen (13) development prerequisites, and issuance of Development Permit No. 100562 at time of final reading. RATIONALE:

The proposal complies with the Northwest Langley Community Plan.

REPORT: FILE:

09-21 09-02-0139

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 2 . . . RECOMMENDATIONS:

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; 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)

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;

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 3 . . . g)

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) l)

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; 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. EXECUTIVE SUMMARY:

Krahn Engineering Ltd. has applied (on behalf of 96th Avenue Development Group Ltd.) to rezone 2.82 ha (6.97 acres) of land located at 20327 96 Avenue and the vacant lands to the west from General Industrial Zone M-2 and Rural Zone RU-1 to Comprehensive Development Zone CD-14. The rezoning will facilitate the subdivision of the subject lands into four (4) lots to accommodate the development of four (4) service industrial / commercial buildings. Also proposed, in compliance with the Northwest Langley Community Plan, is a ten (10) metre wide landscaped buffer / trail to be located between the development and the Chelsea Green residential development to the east. The development proposal complies with the Northwest Langley Community Plan as the subject lands are designated “Light Industrial.” The property is also designated as “Development Permit Area A – Industrial” in order to allow Council the opportunity to review the form, character and siting of the proposed development. Additional details concerning the proposed development are contained in the attached materials. Final reading of the rezoning bylaw is contingent upon completion of the thirteen (13) development prerequisites outlined in this report. Issuance of Development Permit No. 100562 is conditional upon seven (7) conditions, plus five (5) additional conditions to be applied at the building permit stage. PURPOSE:

This report is to advise and make recommendations concerning Rezoning Bylaw No. 4718 and Development Permit No. 100562 in the Northwest Langley Community Plan area.

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 4 . . . NORTHWEST LANGLEY COMMUNITY PLAN

SUBJECT

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 5 . . . ZONING BYLAW NO. 2500

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 6 . . . RENDERING (BUILDING C) – SUBMITTED BY APPLICANT

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 7 . . . RENDERING (BUILDING D) – SUBMITTED BY APPLICANT

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 8 . . . PRELIMINARY SITE PLAN – SUBMITTED BY APPLICANT

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 9 . . .

NORTH ELEVATION OF LANDSCAPED BUFFER / TRAIL

Proposed Building A

Proposed 10 m Landscaped Buffer / Trail

Existing 20 - 32 m Landscaped Buffer

Chelsea Green

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 10 . . .

ADDITIONAL INFORMATION:

Owner:

96th Avenue Development Group Ltd. P.O. Box 18164 Vancouver, BC V6M 4L3

Applicant:

Krahn Engineering Ltd. 201 – 34609 Delar Road Abbotsford, BC V2S 2E1

Legal Description:

Lot 26 District Lot 124 Group 2 New Westminster District Plan 1115 PID: 006-804-161 Lot 8 District Lot 124 New Westminster District Plan BCP34843 PID: 027-405-168

Location:

20327 96 Avenue & vacant lands to the west

Area:

2.82 ha (6.97 acres)

Existing Zoning:

General Industrial Zone M-2 (minimum lot size 1858 m2 / (0.46 acre) Rural Zone RU-1 (minimum lot size 1.7 ha / 4.2 acres)

Proposed Zoning:

Comprehensive Development Zone CD-14 (minimum lot size 900 m2 / 9,688 ft2).

Northwest Langley Community Plan:

Light Industrial

E.S.A. Designation:

E.S.A.# 9 – Walnut Grove Aquifer (Rating - #1)

BACKGROUND/HISTORY:

The subject site is designated “Light Industrial” in the Northwest Langley Community Plan and is currently zoned General Industrial Zone M-2 and Rural Zone RU-1. In 2002, First Century Capital Inc. submitted a rezoning and Development Permit application to Council for the subject site and received first and second reading. That application was subsequently withdrawn and the 96th Avenue Development Group Ltd. has now submitted a new application. On December 17, 2007 Council gave final reading to Rezoning Bylaw No. 4526 (RDM Enterprises Ltd.) which rezoned the adjacent lands to the north and west of the subject site from Rural Zone RU-1 to General Industrial Zone M-2 to permit a ten (10) lot industrial subdivision.

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 11 . . .

DISCUSSION/ANALYSIS:

Krahn Engineering Ltd. has applied on behalf of the 96th Avenue Development Group Ltd. to rezone the 2.82 ha (6.97 acre) site from General Industrial Zone M-2 and Rural Zone RU-1 to Comprehensive Development Zone CD-14. The applicant has also provided a subdivision plan showing four (4) industrial / commercial lots. A Development Permit is also proposed as the site is designated a mandatory Development Permit area allowing Council the opportunity to review the form, character and siting of the proposed development. The subject lands are situated adjacent to the Chelsea Green residential development. The Chelsea Green development was planned to provide a landscaped buffer between the residential property and the subject site. The buffer on the western side of the Chelsea Green units, abutting the subject site, is already well established and attractive. Apart from a parking area located on the northwest edge of the Chelsea Green development, the buffer ranges in width from approximately 20 metres to 32 metres. In compliance with the Northwest Langley Community Plan, the applicant will be required to provide an additional ten (10) metre wide landscaped buffer / trail along the entire property line adjacent to Chelsea Green. As a result, apart from the parking area on the Chelsea Green development, a landscaped area between approximately 30 to 42 metres will buffer the existing residential and proposed service industrial / commercial uses. The owners of the subject site have also agreed with Chelsea Green to replace the existing fence along the property line with a new chain link fence and a two (2) metre high cedar hedge on the development property Adjacent Uses: Surrounding land uses include: North: South:

East: West:

Vacant lands zoned General Industrial Zone M-2 (RDM Enterprises Ltd.); 96 Avenue, beyond which are vacant lands zoned Rural Zone RU-1 and Service Industrial Zone M-1A, a single family residential bare land strata development zoned Comprehensive Development Zone CD-32 and townhouses zoned CD-17; The Chelsea Green residential development zoned Comprehensive Development Zone CD-2; and, 203 Street (under construction), beyond which are vacant lands zoned General Industrial Zone M-2 (RDM Enterprises).

Rezoning: The proposed Comprehensive Development Zone (CD-14) for the subject site is considered to be in harmony with the “light industrial” designation of the Northwest Langley Community Plan. The proposed rezoning will facilitate the development of one (1) multi-tenant commercial building and three (3) service industrial buildings. The rezoning application also includes road dedication for the widening of 96 Avenue and 203 Street as well as the dedication of a right of way along the eastern and northern edge of the site for a landscaped buffer / trail. Subdivision: A plan of subdivision submitted by the applicant in support of the application proposes the creation of four (4) lots in order to develop the four (4) service industrial / commercial buildings. Lots one (1) and two (2) will each be 0.75 ha (1.86 acres), lot three (3) will be 0.28 ha (0.68 acre), and lot four (4) will be 1.03 ha (2.56 acres). Subdivision details will be addressed through

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 12 . . . the subdivision approval process pursuant to the Township’s Subdivision and Development Control Bylaw and Policy. Development Permit: The subject lands are designated as a mandatory Development Permit area in the Northwest Langley Community Plan in order to allow Council the opportunity to review the form, character and siting of the proposed development. As such, renderings, site plans, elevations, and landscape plans have been submitted detailing the proposed development. Proposed Development Permit No. 100562 is attached to this report as Attachment B. As indicated on the site plan (Schedule “C”), lots one (1) and two (2) will each accommodate a 2,588 m2 (27,860 ft2) one level industrial warehouse with accessory office space (buildings A and B). Buildings A and B, which front 96 Avenue, have a height of 10.3 metres (34 ft) and a site coverage of 34%. The exterior finishing of buildings A and B consist of tilt up concrete walls (grey) with blue and charcoal accent colours. Glazing, cast-in reveal lines and metal box flashing are also proposed on buildings A and B. Furthermore, the front (south) elevations feature angled roof lines and charcoal canopies above the entrances. Buildings A and B each have seven (7) overhead loading doors which are located on the rear (north) elevations in order to minimize visual impacts from 96 Avenue. In order to minimize any visual impacts from Chelsea Green, the east elevation of building A includes similar architectural treatment to the front (south) elevation and dense landscaping within the landscaped buffer / trail. Lot three (3) will accommodate a 971 m2 (10,450 ft2) one level multi-tenant commercial building (building C). Located on the corner of 96 Avenue and 203 Street, it will have a height of 6.9 metres (23 ft) and a site coverage of 35%. A minor siting variance along the western lot line (adjacent to 203 Street) is proposed in order to provide articulation of the building envelope. The Comprehensive Development Zone CD-14 requires a five (5) metre setback when abutting a street. The applicant, however, has proposed a minimum two (2) metre setback at two (2) points to accommodate the articulated portions of the building. Staff support the variance as the articulated building envelope provides improved architectural treatment along the elevation fronting the public street. In addition, the two (2) metre wide landscaped areas are offset by additional landscaping provided on the municipal boulevard immediately adjacent to the site. The exterior of building C will consist primarily of tilt up concrete walls (beige) with light and dark brown accent colours. Building C will incorporate architectural detailing such as cast-in reveal lines, glazing, metal box flashing and cultured stone. The east elevation proposes six (6) doorways and is covered by a steel overhead canopy (dark brown). Two patio areas bordered by trellises are also proposed for building C. Lot four (4) will accommodate a 4,644 m2 (50,000 ft2) industrial warehouse with accessory office and showroom space (building D - Julian Ceramic Tile Inc.). Julian Ceramic Tile Inc. is a wholesale-distributor of ceramic, porcelain and natural stone tiles. Building D will be one level except for the 928 m2 (10,000 ft2) showroom / warehouse which will be two levels. Building D will have a height of 11.7 metres (38 ft) and a site coverage of 40%. The exterior of building D will consist of tit up concrete and cultured stone used to accent decorative wrought iron fence and roof, an particularly on the showroom portion of the

concrete walls (beige and light brown) with raked the building facade. Building D also includes a overhead canopy, tile backsplash, and glazing, building. Building D includes four (4) recessed

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 13 . . . overhead loading doors which are located on the south elevation to minimize visual impacts. Both the north and east elevations will incorporate additional architectural detailing, such as pilasters and lattices, and increased landscaping within the landscaped buffer / trail to minimize any visual impacts from Chelsea Green. The proposed development complies with the Comprehensive Development Zone CD-14 provisions concerning use, site coverage, building height, parking and building setbacks, apart from the siting variance proposed for building C. As a condition of the Development Permit, garbage bins will be screened by concrete enclosures and landscaping from adjacent roadways, properties, and trails. Overall, in staff’s opinion, the form, character and siting of the proposed development comply with the Development Permit Guidelines of the Northwest Langley Community Plan. Development Permit No. 100562, including Schedules “A” to “N”, are attached as Attachment B to this report. Access and Parking: The applicant is proposing to provide a total of 154 parking spaces in compliance with the Township’s Zoning Bylaw (154 required). Prior to final reading, a restrictive covenant will be required to prohibit parking on 96 Avenue. The subject site will be accessed from 96 Avenue (existing) and 203 Street (under construction in conjunction with the RDM development to the north and west of the site). Specifically, lots 1, 2 and 3 will be accessed from one (1) driveway on 96 Avenue and one (1) driveway on 203 Street. Lot 4 will be accessed from a separate driveway on 203 Street. Prior to final reading, the applicant will be required to register cross access easements over lots 1, 2 and 3 at time of subdivision. As a centre median is planned for 96 Avenue, the applicant will also be required to register a restrictive covenant restricting access to and from 96 Avenue to right turns only. For safety reasons, a restrictive covenant will also be required prior to final reading prohibiting truck and trailers from accessing the driveway on 96 Avenue. To further restrict truck and trailers using the driveway on 96 Avenue, a three (3) metre landscaped median will be constructed along the centre of the driveway. Servicing: The applicant will be required to confirm the adequacy of the existing watermain, sanitary sewer and storm sewer along 96 Avenue and provide improvements as required. If improvements are required, a Servicing Agreement to secure the utility upgrades will be required prior to final reading of the rezoning bylaw. Lot 4 will be serviced by the utilities along 203 Street, which are being constructed as part of the RDM development to the north and west. Prior to final reading, the applicant will be required to dedicate to the Municipality the required area to secure widening of 96 Avenue and 203 Street in accordance with the Township’s Subdivision and Development Control Bylaw As a condition of the Development Permit, the applicant will be required to obtain a Sediment Control permit in conjunction with the Township’s Erosion and Sediment Control Bylaw and prepare a stormwater management plan at the Building Permit stage.

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 14 . . . Landscaped Buffer / Trail: In compliance with Northwest Langley Community Plan, the applicant is required to construct and provide as a public access right of way a ten (10) metre wide landscaped buffer / trail along the east property line. The landscaped buffer / trail will feature a three (3) metre wide asphalt trail and dense landscaping intended to screen the proposed development from Chelsea Green. The proposed ten (10) metre wide landscaped buffer / trail is in addition to the existing approximate 20 to 32 metre wide landscaped buffer on portions of the Chelsea Green property. Furthermore, the owners of the subject site have agreed with Chelsea Green to replace the existing fence along the property line with a new chain link fence and a two (2) metre high cedar hedge on the development property. The applicant has also proposed a six (6) metre wide landscaped buffer / trail to be provided as a public access right of way along the northern property line. This landscaped buffer / trail will also feature a three (3) metre wide asphalt trail that will provide a connection from the trail along the eastern edge of the site to 203 Street. Final details of the landscaped buffer / trail along the northern and eastern property lines will be addressed prior to final reading of the rezoning bylaw to the acceptance of the Manager of Parks Design and Development. The applicant will also be required to register a restrictive covenant requiring ongoing maintenance of the plantings within the landscaped buffer / trail prior to final reading of the rezoning bylaw. Landscaping: The landscape plans propose extensive plantings of trees, shrubs, and ground cover along the perimeter of the site and in the parking areas. The preliminary landscaping plans comply with the new parking lot landscaping requirements of the Zoning Bylaw which were recently adopted by Council. Parts of the landscaped areas fronting 203 Street will also feature landscaped berms to further screen the garbage enclosures and overhead loading doors. Decorative trellises are proposed along the patio and landscaped areas adjacent to Building C. In order to further screen the overhead doors and parking areas from Chelsea Green and the future trail, a combination of dense planting and tilt-up concrete screens are proposed along the east property line (adjacent to and within the landscaped buffer area). Completion of final landscaping plans to the acceptance of the Manager of Parks Design and Development is required prior to final reading of the rezoning bylaw. Tree Protection: In compliance with the Township’s Tree Protection Bylaw, the applicant has submitted an Integrated Site Design Concept (ISDC). The ISDC indicates that 53 significant trees exist on the site, all of which are proposed to be removed. In accordance with the Township’s Tree Protection Bylaw, 198 replacement trees are required to be planted, all of which are proposed on the development site or within the landscaped buffer / trail. As a result, a total of 198 trees, plus approximately 32 street trees, will be in place on the site after development. Final tree retention, protection and replacement plans are subject to the acceptance of the Manager of Parks Design and Development prior to final reading of the rezoning bylaw.

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 15 . . . Signage: In accordance with the Township’s Sign Control Bylaw, tenant names will be displayed as channel lettering fascia signage on all four buildings. In addition, six (6) freestanding signs are proposed on the subject site: two (2) monument signs and one (1) pylon sign fronting 96 Avenue and two (2) monument signs and one (1) pylon sign fronting 203 Street. The signage is designed to be complimentary to the proposed building designs and will comply with the Township’s Sign Control Bylaw and the signage plan (Schedule “N”). Exterior Lighting: In compliance with the Township’s Exterior Lighting Impact Policy, an Exterior Lighting Impact Plan will be required as a condition of the Development Permit (at the Building Permit stage) as the subject site is located adjacent to a multi-family residential development (Chelsea Green). Environmental Considerations: The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the lands as part of the Walnut Grove Aquifer area. The municipal services provided to the site and the provision of a stormwater management plan satisfy the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. No watercourses exist on or adjacent to the subject site. A total of 198 trees, plus approximately 32 street trees, will also be planted on the subject site. Public Consultation: On January 16, 2009 the applicant and property owners met with members of the Chelsea Green strata corporation to discuss the proposed development and provide the opportunity for Chelsea Green to provide feedback. While the main concerns raised at the meeting included noise, security, visual impacts and drainage, members of the strata corporation expressed their approval of the building design and landscape plan which were specifically designed to mitigate the issues raised. The minutes from the January 16, 2009 are attached as Attachment C to this report. Development Prerequisites: Prior to the final reading of Rezoning Bylaw No. 4718, the following prerequisites must be finalized: 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;

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 16 . . . 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. Policy Considerations: The proposed Comprehensive Development Zone (CD-14) for the subject site is considered to be in harmony with the “light industrial” designation of the Northwest Langley Community Plan. Staff recommend that the rezoning application be considered subject to the thirteen (13) development prerequisites listed in this report being satisfied prior to final reading. A Development Permit is also proposed to allow Council the opportunity to review the form, character and siting of the development proposal. Staff recommend approval of the accompanying Development Permit (to be issued at the time of final reading of the rezoning bylaw) as the proposal, in staff’s opinion, complies with the Development Permit Guidelines of the Northwest Langley Community Plan. Respectfully submitted, Patrick Ward DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION PJW ATTACHMENT A ATTACHMENT B

ATTACHMENT C

Northwest Langley Community Plan Development Permit Guidelines Development Permit No. 100562 SCHEDULE A – Rendering (Building C) SCHEDULE B – Rendering (Building D) SCHEDULE C – Site Plan SCHEDULE D – Site Plan (Lots 1, 2 & 3) SCHEDULE E – Site Plan (Lot 4) SCHEDULE F – Building Elevations (Building A) SCHEDULE G – Building Elevations (Building B) SCHEDULE H – Building Elevations (Building C) SCHEDULE I – Building Elevations (Building D) SCHEDULE J – Landscape Plan SCHEDULE K – Landscape Plan (Lot 1) SCHEDULE L – Landscape Plan (Lots 2 & 3) SCHEDULE M – Landscape Plan (Lot 4) SCHEDULE N – Signage Plan Minutes from the meeting with the Chelsea Green strata corporation

REZONING APPLICATION NO. 100322 DEVELOPMENT PERMIT NO. 100562 (96TH AVENUE DEVELOPMENT GROUP LTD.) Page 17 . . .

ATTACHEMENT A

ATTACHMENT B

THE CORPORATION OF THE TOWNSHIP OF LANGLEY Development Permit No. 100562 This Permit is issued this __________day of _________________, 2009 to: 1.

2.

NAME & ADDRESS:

96th Avenue Development Group Ltd. P.O. Box 18164 Vancouver, BC V6M 4L3

This permit applies to and only to those lands within the Municipality described as follows and to any and all buildings, structures and other development thereon:

LEGAL DESCRIPTION:

Lot 26 District Lot 124 Group 2 New Westminster District Plan 1115 PID: 006-804-161 Lot 8 District Lot 124 New Westminster District Plan BCP34843 PID: 027-405-168 (hereinafter called the “said lands”)

CIVIC ADDRESS:

20327 – 96 Avenue and vacant lands to the west

3.

This Permit is issued subject to compliance with all of the Bylaws of the Municipality of Langley applicable thereto, except as specifically varied or supplemented by this permit as follows:

a) b)

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”;

c) d) e) f) g)

4.

Although not part of the Development Permit requirements, the applicant is advised that prior to issuance of a building permit, the following items will need to be finalized:

h)

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;

i)

Development Permit No. 100562 Page 2 j) Issuance of an Erosion and Sediment Control permit in conjunction with the Township’s Erosion and Sediment Control Bylaw; k) Submission of a stormwater management plan to the acceptance of the General Manager of Engineering; l) Payment of supplemental Development Permit application fees. 5.

The land described herein shall be developed strictly in accordance with the terms, conditions and provisions of this Permit and any plans and specifications attached as a Schedule to this Permit which shall form a part hereof. This Permit is not a Building Permit. All developments forming part of this Development Permit shall be substantially commenced within two years after the date the Development Permit is issued. This permit shall have the force and effect of a restrictive covenant running with the land and shall come into force on the date of an authorizing resolution passed by Council. It is understood and agreed that the Municipality has made no representations, covenants, warranties, guarantees, promises or agreement (verbal or otherwise) with the developer other than those in this Permit. This Permit shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. AUTHORIZING RESOLUTION PASSED BY COUNCIL THIS ____ DAY OF ________, 2009. SCHEDULE A – Rendering (Building C) SCHEDULE B – Rendering (Building D) SCHEDULE C – Site Plan SCHEDULE D – Site Plan (Lots 1, 2 & 3) SCHEDULE E – Site Plan (Lot 4) SCHEDULE F – Building Elevations (Building A) SCHEDULE G – Building Elevations (Building B) SCHEDULE H – Building Elevations (Building C) SCHEDULE I – Building Elevations (Building D) SCHEDULE J – Landscape Plan SCHEDULE K – Landscape Plan (Lot 1) SCHEDULE L – Landscape Plan (Lots 2 & 3) SCHEDULE M – Landscape Plan (Lot 4) SCHEDULE N – Signage Plan

 

  SCHEDULE A  RENDERING (BUILDING C)   

  SCHEDULE B  RENDERING (BUILDING D)   

  SCHEDULE C  SITE PLAN   

  SCHEDULE D  SITE PLAN (LOTS 1, 2 & 3)   

  SCHEDULE E  SITE PLAN (LOT 4)   

  SCHEDULE F   BUILDING ELEVATIONS (BUILDING A)   

  SCHEDULE G  BUILDING ELEVATIONS (BUILDING B)   

  SCHEDULE H  BUILDING ELEVATIONS (BUILDING C)   

  SCHEDULE I  BUILDING ELEVATIONS (BUILDING D)   

  SCHEDULE J  LANDSCAPE PLAN   

  SCHEDULE K  LANDSCAPE PLAN (LOT 1)   

  SCHEDULE L  LANDSCAPE PLAN (LOTS 2 & 3)   

  SCHEDULE M  LANDSCAPE PLAN (LOT 4)   

  SCHEDULE N  SIGNAGE PLAN   

ATTACHMENT C

Minutes    Date:  January 16, 2009, 10:00AM  Location :  Chelsea Green  Attendees:    Jim Doerr – Pres. Chelsea Green Strata Corp, Marie Bray – Sec. Chelsea Green Strata Corp,  Bill  Jones – 96 Ave Development Grp, Doug Brealey ‐  96 Ave Development Grp, Dave Krahn – Krahn Eng, Glenn  Froese – Krahn Eng, Roman Dypchey – HY Eng, Rory Dafoe – Landscape Architect    Jones explained the purpose of the meeting being the presentation of the proposed development plans for  20327 – 96th Avenue and provide the opportunity for Chelsea Green to provide feedback on the design and to  allow Chelsea Green to express any concerns.    Krahn / Jones presented the proposed development plans to Jim & Marie    Jim Doerr explained that it is the Strata’s policy that the Directors of the Strata Corp do not represent the  individual owners when it comes to development issues.  They are however aware of most of the issues or  questions that are of concern of the owners.  The main concerns are noise (concerned about back up beepers on  trucks), the visual aspects of the project (architectural, building height, landscaping and outside storage),  security along the proposed path/joint property line, and drainage onto their site (it appears there is run off  coming onto their RV parking area).    Marie Bray informed group that there are a total of 224 units and approximately 400 – 450 residents and her  and Jim could not speak for them all.  There may be owners who face the new development that will have  greater concern than those that don’t.   Marie said we can expect complaints from residents facing the project.   Residents don’t like change.  Complaints will be less in the future after the project is completed as the unit  ownership in Chelsea turns over.    Roman Dypchey explained the plan for controlling the drainage running onto Chelsea’s property.  Jim Doerr  appeared satisfied.    Dave Krahn/ Glenn Froese explained the proposed zoning and potential / probable users under CD14.   Dave  also stated that semi trailer trucks typically do not have back up beepers.  Beepers are more common on  smaller city delivery trucks.  Dave also stated that no outside storage is permitted under CD14.  Dave/Glenn  explained  building heights and view lines.    Group discussed security concerns along the buffer/path.   Buildings have false windows and low lighting.  No  lighting along path was preferred by group.     Rory Dafoe discussed the landscaping along the buffer / path between the development and Chelsea.  Jim had  some concern about trees getting too large (concerns about roots).  Rory explained that given the trees  locations in the buffer / path there would be no issue with roots.       Jim Doerr said that Chelsea had held off replacing the existing fence between the properties because they knew  the development would be happening.  A discussion ensued regarding a replacement fence.  It was decided that  a new chain link fence would be installed along the joint property line and the cost shared by Chelsea and 96th  Avenue.  In addition, Doug said 96th Avenue would install a 5‐6’ cedar hedge along the 96th Avenue side of the  fence at 96th Avenue’s cost.   Glenn / Rory to provide fence costs and forward to Jim Doerr.    Jim Doerr and Marie Bray expressed their approval of the building design and landscape plan.   We need to  show elevations and view lines relative to the Chelsea buildings.    Meeting concluded at 11:00AM