R 7 Beedie Group_60 Avenue

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (BEEDIE GROUP / 60 AVENUE) BYLAW 2009 NO. 4716

EXPLANATORY NOTE Bylaw No. 4716 rezones 9.78 ha (24.17 acre) parcel located at 5974 272 Street, and part of the 27200 -27300 blocks of 60 Avenue to General Industrial Zone (M-2A) to accommodate an industrial subdivision of six (6) lots.

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (BEEDIE GROUP / 60 AVENUE) BYLAW 2009 NO. 4716

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 (BEEDIE GROUP / 60 AVENUE) Bylaw 2009 No. 4716”.

2.

The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Parcel “A” (reference plan 5080) Except Parcel One (reference plan 15620) and Part in Plan LMP51701 South West ¼ Section 8 Township 14 New Westminster District PID 012-972-622; and, Parcel One (reference plan 15620) Except Part On Road Plan 85898, Parcel “A” (reference plan 5080) South West ¼ Section 8 Township 14 New Westminster District PID 005-692-415.

as shown delineated on Schedule “A” attached to and forming part of this Bylaw to General Industrial Zone (M-2A). READ A FIRST TIME the

12

day of

January

, 2009.

READ A SECOND TIME the

12

day of

January

, 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. 4716 Page 2

REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

JANUARY 12, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION RZ100320 (BEEDIE GROUP - 60 AVENUE)

PROPOSAL:

Rezone 9.78 ha (24.17 acres) of land located east of 272 Street at 60 Avenue from Rural Zone (RU-1) to General Industrial Zone (M-2A) to permit development of a six (6) lot industrial subdivision while retaining the remainder of the site for future development. RECOMMENDATION SUMMARY:

That Council give first and second readings to Bylaw No. 4716 subject to the completion of eight (8) development prerequisites. RATIONALE:

The proposed rezoning complies with the Service & General Industrial land use designation of the Gloucester Community Plan.

REPORT: FILE:

09-02 14-08-0033

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 2 . . .

RECOMMENDATIONS:

That Council give first and second reading to Rezoning Bylaw No. 4716, rezoning approximately 9.78 ha (24.17 acres) of land in the Gloucester Industrial Estates (located east of 272 Street at 60 Avenue) to General Industrial Zone M-2A, subject to the following development prerequisites being satisfied prior to final reading: 1. 2. 3.

4.

5.

6.

7.

8.

Provision of an 11.0 metre road dedication for the south half of 60 Avenue to the acceptance of the General Manager of Engineering; Provision of a 2.5 metre road widening dedication for 272 Street to the acceptance of the General Manager of Engineering; Provision of a 22.0 metre road dedication and a 37 metre diameter Statutory-Right-of-Way over an interim cul-de-sac for 274 Street, to the acceptance of the General Manager of Engineering; Entering into a Servicing Agreement (including provision of a storm water management plan and sediment control measures) providing full services to the site including the construction of a required community pump station for sanitary sewer, in accordance with the Township’s Subdivision and Development Control Bylaw and to the acceptance of the General Manager of Engineering, and environmental compensation works in accordance with the existing Department of Fisheries and Oceans Canada Section 35 Authorization; Registration of a restrictive covenant prohibiting removal of natural vegetation from the 10 metre buffer zone adjacent to 272 Street and 60 Avenue unless specifically allowed by future Development Permits; In accordance with the Township’s Tree Protection Bylaw, registration of a nondisturbance restrictive covenant requiring that no vegetation be removed or disturbed on the site (except where necessary for installation of utilities, roads, municipal trails and fisheries works) until a Development Permit is issued outlining tree retention, protection and replacement details, and provision of a non-refundable deposit for those trees required to compensate for areas to be dedicated as road, to the acceptance of the Manager of Parks Design and Development; Registration of a non-disturbance restrictive covenant over watercourse area setbacks in accordance with the existing Gloucester area environmental approvals, to the satisfaction of the Department of Fisheries and Oceans Canada; and, Payment of supplemental rezoning application fees and site servicing review fees; and further

That staff be authorized to schedule the required public hearing. EXECUTIVE SUMMARY:

The Beedie Group (161884 Canada Inc.) has applied to rezone approximately 9.78 ha (24.17 acres) of land in the Gloucester Industrial Area from Rural Zone RU-1 to General Industrial Zone M-2A. The application is supported by staff as it complies with municipal land use plans and policies for the Gloucester Industrial Area. PURPOSE:

This report is to provide information and recommendations to Council concerning Rezoning Bylaw No. 4716.

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 3 . . .

GLOUCESTER COMMUNITY PLAN

SUBJECT OF REZONING

FUTURE DEVELOPMENT

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 4 . . .

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 5 . . .

PRELIMINARY SITE PLAN – Submitted by the Applicant

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 6 . . .

Current Development Area (to be M2-A) Future Development Area (remains RU-1)

SITE PHASING PLAN

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 7 . . .

ADDITIONAL INFORMATION:

Owner / Applicant:

161884 Canada Inc. (Beedie Group –Dan Dunwoodie) 3030 Gilmore Diversion Burnaby, BC V5G 3B4

Legal Description:

Parcel “A” (reference plan 5080) Except Parcel One (reference plan 15620) and Part In Plan LMP51701 South West ¼ Section 8 Township 14 New Westminster District PID 012-972-622 Parcel One (reference plan 15620) Except Part On Road Plan 85898, Parcel “A” (reference plan 5080) South West ¼ Section 8 Township 14 New Westminster District PID 005-692-415

Location:

East of 272 Street at 60 Avenue (north of Southern Railway)

Subject Area:

Area to be Rezoned: 9.78 ha (24.17 acres)

Existing Zoning:

Rural Zone RU-1 (Minimum lot size: 1.7 ha /4.2 acres)

Proposed Zoning:

General Industrial Zone M-2A (Minimum lot size: 1,858 m2/ 20,000 ft2)

Gloucester Community Plan:

Service & General Industrial

Agricultural Land Reserve

Not in ALR

E.S.A. Designation:

E.S.A. # 32 – Upland between West Creek and Coglan Creek (Rating - #3)

BACKGROUND/HISTORY:

The subject site is designated for “Service & General Industrial” use in the Gloucester Community Plan and is currently zoned Rural Zone RU-1. The proponent has applied to rezone 9.78 ha (24.17 acres) of the subject site from Rural Zone RU-1 to General Industrial Zone M-2A. The proposed zoning is intended to accommodate a six (6) lot industrial subdivision, with the balance of the site remaining RU-1 and reserved for future industrial development

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 8 . . . DISCUSSION/ANALYSIS:

The proposed rezoning will facilitate development of the slightly less than half of the remaining lands in the Northern part of the Gloucester Industrial Estates for industrial use. Adjacent Uses: Surrounding land uses include: North:

60 Avenue and rural land, zoned RU-1 and in the ALR, beyond;

South:

the Southern Railway of BC and industrial land zoned M-3 and M-2A beyond;

East:

rural ALR land in the City of Abbotsford; and,

West:

272 Street and rural land, zoned RU-1 and in the ALR, beyond.

Subdivision: A preliminary subdivision layout has been submitted in support of the rezoning. It proposes the creation of six (6) industrial lots. Two (2) of the lots will be accessed from 60 Avenue. The remaining lots will be accessed from the proposed 274 Street (the construction of which is a condition of this rezoning). The remainder of the site will be left as rural zoned, vacant land with subdivision potential being subject to future rezoning. Subdivision details will be addressed at time of subdivision application pursuant to the Subdivision and Development Control Bylaw. Servicing: Full municipal services exist south of the subject site, the adequacy of which the proponent will be required to confirm prior to final reading. A community sanitary pump station and a forcemain from the site to the planned connection point at 272 Street and 58 Crescent will be required in support of the application. A servicing agreement will be required to secure necessary utility upgrades and extensions as well as construction of the north half of 60 Avenue (11 metre dedication), the east half of 272 Street (2.5 metre dedication) and the new 274 Street (22 metre dedication and a temporary 37 metre diameter cul-de-sac); and construction of water, storm and sanitary systems. The east Langley area is experiencing community water consumption and sanitary sewer capacity problems. As such, a review of site discharge rates will be required at the building permit stage. Upon review, interim on-site storage and off-peak discharge of sewage may be required, subject to the acceptance of the Director of Engineering. Tree Protection: A surveyor and an arborist have been engaged to locate, identify and evaluate all significant trees on site in accordance with the Township’s Tree Protection Bylaw. As this project is only dealing with the rezoning and subdivision of the property, ultimate tree management details are not required at this time. Instead, a restrictive covenant will be registered against the proposed lots preventing disturbance and removal of any vegetation on the site until after a Development Permit has been issued. The only trees to be disturbed will be those located in, or adjacent to the required road dedications and service extensions. The applicant will be required to provide a non-refundable deposit to cover the cost of replacement trees in those areas affected by roads and services. As a condition of Development Permit the applicant will be required to provide an acceptable Tree Preservation and Replacement Plan and supporting documentation including an ISDC, tree protection details and a Tree Summary Schedule.

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 9 . . . Buffer: The Gloucester Community Plan requires a 10 metre wide landscape buffer located on private property for developments that are adjacent to rural or residential uses. As 272 Street and the 60 Avenue are adjacent to rural uses the 10 metre buffer is required along both of these frontages Prior to final reading the proponent is required to submit landscape plans, security and non-disturbance restrictive covenants (to the acceptance of the Manager of Parks Design and Development) outlining the proposed planting and securing the buffer area. Exterior Lighting: On January 12, 2004 Council adopted an ‘Exterior Lighting Impact Policy’ intended to address concerns regarding off-site lighting impacts from commercial / industrial developments located adjacent to residential and rural properties. On October 27, 2008 Council amended this policy as a part of the Wildlife Habitat Conservation Policy to extend its application to those commercial and industrial lands adjacent to environmental areas. This project is adjacent to both rural residential properties and environmental areas and as such is subject to the provisions of this policy. Therefore, in accordance with Council policy, exterior lighting impact details will be addressed at the Development Permit stage when details with respect to individual site design are considered. Environmental Considerations: The Township’s Environmentally Sensitive Areas study identifies the current development lands as part of the upland between West Creek and Coghlan Creek. The future development area of the site also includes lands identified as Nathan Creek, Upper Reaches and lands identified as Glenn Valley Upland Forest. There are two watercourses on the subject site. In accordance with the original Department of Fisheries and Oceans Authorization Agreement for the Gloucester Industrial Estates, the red coded watercourse on the western portion of the site (a tributary of West Creek) will be straightened and reconstructed within a 0.6 ha (1.5 acre) conservation area. The watercourse on the eastern portion of the site (located in the upper reaches of Nathan Creek) will be preserved in situ, within a conservation area approximately 5.6 ha (13.8 acre) in size. The conservation areas for both watercourses are to be protected by a Section 219 restrictive covenant required as a condition of rezoning. An overall stormwater management plan was previously prepared for the Gloucester Industrial Park. A site specific stormwater management plan, including sediment control, will be required prior to final reading. All Building Permit applications will also be required to address changes to on-site drainage resulting from proposed future construction. These measures, in combination with the provision of full urban services, satisfy the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. Development Permit: Council will have the opportunity to review individual site development details at the Development Permit stage. This will include a review of the siting, form and character details of the buildings to be constructed on the six (6) proposed lots as well as exterior lighting, landscaping and tree retention/protection details. A Development Permit must be issued by Council prior to a Building Permit being issued.

REZONING APPLICATION RZ100320 (BEEDIE GROUP – 60 AVENUE) Page 10 . . . Development Prerequisites: Prior to Council adopting the Rezoning Bylaw, the proponent must complete the following development prerequisites: 1. Provision of an 11.0 metre road dedication for the south half of 60 Avenue to the acceptance of the General Manager of Engineering; 2. Provision of a 2.5 metre road widening dedication for 272 Street to the acceptance of the General Manager of Engineering; 3. Provision of a 22.0 metre road dedication and a 37 metre diameter Statutory-Right-ofWay over an interim cul-de-sac for 274 Street, to the acceptance of the General Manager of Engineering; 4. Entering into a Servicing Agreement (including provision of a storm water management plan and sediment control measures) providing full services to the site including the construction of a required community pump station for sanitary sewer, in accordance with the Township’s Subdivision and Development Control Bylaw and to the acceptance of the General Manager of Engineering, and environmental compensation works in accordance with the existing Department of Fisheries and Oceans Canada Section 35 Authorization; 5. Registration of a restrictive covenant prohibiting removal of natural vegetation from the 10 metre buffer zone adjacent to 272 Street and 60 Avenue unless specifically allowed by future Development Permits; 6. In accordance with the Township’s Tree Protection Bylaw, registration of a nondisturbance restrictive covenant requiring that no vegetation be removed or disturbed on the site (except where necessary for installation of utilities, roads, municipal trails and fisheries works) until a Development Permit is issued outlining tree retention, protection and replacement details, and provision of a non-refundable deposit for those trees required to compensate for areas to be dedicated as road, to the acceptance of the Manager of Parks Design and Development; 7. Registration of a non-disturbance restrictive covenant over watercourse area setbacks in accordance with the existing Gloucester area environmental approvals, to the satisfaction of the Department of Fisheries and Oceans Canada; and, 8. Payment of supplemental rezoning application fees and site servicing review fees. Policy Considerations: The proposed rezoning complies with Township’s land use policies and the “Service and General Industrial” land use designation of the Gloucester Community Plan. Individual Development Permits will need to be issued by Council before any future industrial development proceeds. Respectfully submitted,

Mike Newall DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION MNN