R1-rezoning Application 100246 Gloucester Industrial Estates

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (GLOUCESTER) BYLAW 2007 NO. 4625 EXPLANATORY NOTE Bylaw No. 4625 rezones 10.4 hectares (25.6 acres) of land located east of 272 Street at 48 Avenue from Rural Zone RU-1 to General Industrial Zone M-2A to allow future industrial development.

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (GLOUCESTER) BYLAW 2007 NO. 4625 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 (Gloucester) Bylaw 2007 No. 4625”.

2.

The “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Gloucester) Bylaw 2007 No. 4625” as amended is further amended by rezoning the lands described as: Lot 3 Except: Part Subdivided by Plan 84596; Section 5 Township 14 New Westminster District Plan 8152 PID 011-294-116 Lot 5 Section 5 Township14 New Westminster District Plan NWP87490 PID 016-833-414 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

17

day of

September

, 2007

READ A SECOND TIME the

17

day of

September

, 2007

PUBLIC HEARING HELD the

22

day of

October

, 2007

READ A THIRD TIME the

29

day of

October

, 2007

RECONSIDERED AND ADOPTED the

Mayor

day of

, 2007

Township Clerk

Bylaw No. 4625 Page 2

REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

SEPTEMBER 17, 2007 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES)

PROPOSAL:

Rezone 10.4 ha (25.6 acres) of land located east of 272 Street at 48 Avenue from Rural Zone (RU-1) to General Industrial Zone (M-2A) to permit development of a four (4) lot industrial subdivision. RECOMMENDATION SUMMARY:

That Council give first and second readings to Bylaw No. 4625 subject to the completion of nine (9) development prerequisites. RATIONALE:

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

REPORT: FILE:

07-162 14-05-0055

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 2 . . . RECOMMENDATIONS:

That Council give first and second readings to Rezoning Bylaw No. 4625, rezoning approximately 10.4 ha (25.6 acres) of land in the Gloucester Industrial Estates (located east of 272 Street at 48 Avenue) to General Industrial Zone M-2A, subject to the following development prerequisites being satisfied prior to final reading: 1. Provision of a 22 metre road dedication for the 48 Avenue diversion road to the acceptance of the General Manager of Engineering; 2. Provision of a 6.5 metre road widening dedication for 48 Avenue to the acceptance of the General Manager of Engineering; 3. Entering into a Servicing Agreement (including provision of a storm water management plan) providing full services to the site, in accordance with the Township’s Subdivision and Development Control Bylaw, to the acceptance of the General Manager of Engineering; 4. Submission of a landscape plan detailing all buffering requirements adjacent to 48 avenue and Highway 1, to the acceptance of the Manager of Parks Design and Development. 5. Registration of a restrictive covenant prohibiting removal of natural vegetation from the 10 metre buffer zone adjacent to 48 Avenue unless specifically allowed in future Development Permits, or for the provision of a municipal trail; 6. In accordance with the Township’s Tree Protection Bylaw, registration of a nondisturbance restrictive covenant requiring that no vegetation be removed or disturbed in the undisturbed areas of 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, to the acceptance of the Manager of Parks Design and Development; 7. Provision of rights-of-way, detailed plans, and security for the construction of municipal trails adjacent to 48 Avenue, the 48 Avenue diversion road and 272 Street to the acceptance of the Manager of Parks Design and Development; 8. Registration of a non-disturbance restrictive covenant adjacent to the eastern watercourse providing non disturbance area setbacks to the satisfaction of the Department of Fisheries and Oceans Canada; and, 9. Payment of supplemental rezoning application fees; and further That staff be authorized to schedule the required public hearing. EXECUTIVE SUMMARY:

Gloucester Industrial Estates (161884 Canada Inc.) has applied to rezone approximately 10.4 ha (25.6 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. 4625.

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 3 . . .

GLOUCESTER COMMUNITY PLAN

SUBJECT

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 4 . . .

ZONING BYLAW NO. 2500

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 5 . . .

PRELIMINARY SITE PLAN – SUBMITTED BY THE APPLICANT

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 6 . . .

ADDITIONAL INFORMATION: Owner / Applicant:

161884 Canada Inc. (Gloucester Industrial Estates) 300 – 1001 West Broadway Vancouver, BC V6H 4B1

Legal Description:

Lot 3 Except: Part Subdivided by Plan 84596; Section 5 Township 14 New Westminster District Plan 8152 PID 011-294-116 Lot 5 Section 5 Township14 New Westminster District Plan NWP87490 PID 016-833-414

Location:

East of 272 Street at 48 Avenue (north of Highway 1)

Subject Area:

10.4 ha (25.6 acres)

Existing Zoning:

Rural Zone RU-1

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 the subject site from Rural Zone RU-1 to General Industrial Zone M-2A. The proposed zoning is intended to accommodate a four (4) lot industrial subdivision. In anticipation of a future overpass crossing of Highway 1 at 272 Street (indicated in the Township’s Subdivision and Development Control Bylaw and in the draft Master Transportation Plan) this rezoning includes a requirement for dedication and construction of a 48 Avenue Diversion road (shown on the preliminary subdivision plan). As well, because this application covers the last undeveloped area of land in the southern part of

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 7 . . . Gloucester, completion of the municipal trail network along 48 Avenue and 272 Street, and landscape buffering adjacent to Highway 1 are required. DISCUSSION/ANALYSIS:

The proposed rezoning will facilitate development of the remaining lands in the southern part of the Gloucester Industrial Estates for industrial use. Adjacent Uses: Surrounding land uses include: North: South: East: West:

Vacant land, currently under application to rezone to M-2A for a three (3) lot industrial subdivision; 48 Avenue, beyond which is Highway No.1; Undeveloped land recently rezoned M-2A; and, 272 Street, beyond which is industrial land zoned M-2A containing the E.V. Logistics warehouse.

Subdivision: A preliminary subdivision layout has been submitted in support of the rezoning. It proposes the creation of four (4) industrial lots. Three (3) of the lots will be accessed from the new 48 Avenue Diversion road (construction of which is a condition of rezoning). The remaining lot will be accessed from 275 Street. The proposed lot configuration reflects the Township’s requirement that no direct access be permitted to 48 Avenue (to preserve the integrity of the landscape buffer). Subdivision details (including access to Lot 2) will be addressed at time of subdivision application pursuant to the Subdivision and Development Control Bylaw and Policy. Servicing: Full municipal services exist in the vicinity of the subject site, the adequacy of which the proponent will be required to confirm prior to final reading. A servicing agreement will be required to secure necessary utility upgrades and extensions as well as construction of the east half of 272 Street, 48 Avenue (6.5 metre dedication) and the new 48 Avenue diversion road (22 metre dedication); and, construction of a watermain, storm sewer and sanitary sewer. Construction of the Gloucester trail system, as described below in the Municipal Trails section of this report, will also be secured through the servicing agreement. 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: Industrial uses typically require large, regular shaped buildings (50 to 60% lot coverage) surrounded by paved loading, parking, and/or outside storage areas. As a result, it is extremely challenging to preserve significant trees in the middle of an industrial site. A related issue is timing of site clearing and preparation. Site preparation is best undertaken in the dry part of the year well in advance of actual construction to reduce environmental impacts and

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 8 . . . improve overall site stability. The Township’s Tree Protection Bylaw requires that site clearing and preparation be completed after a Development Permit is issued. Tree preservation and site preparation, when combined with the economic reality of industrial development in Gloucester, result in a conflict between adequate site preparation and market demand. Consequently, site preparation suffers. After working within the requirements of the Tree Protection Bylaw for the past year, Gloucester requested that they be permitted to clear and prepare the subject site in advance of Development Permit application. The developer identified and assessed the 276 significant trees on site, and prepared an overall Erosion and Sediment Control Plan. Staff then worked with the developer to identify the 70 significant trees located around the perimeter of the proposed lots that could likely be preserved. Non disturbance areas were identified, and, as a condition of rezoning, will be protected by a restrictive covenant preventing disturbance and removal of any vegetation in the non disturbance areas of the site until after a Development Permit has been issued. This restrictive covenant will provide Council the opportunity to review tree protection/replacement details in conjunction with the ultimate site development plans at time of Development Permit. Buffer: The Gloucester Community Plan requires retention of a 15 metre wide natural landscape buffer/screen adjacent to Highway No. 1. As this site is separated from Highway 1 by 48 Avenue, the applicant is proposing to retain a 10 metre wide on-site buffer north of 48 Avenue and plant coniferous trees in the road right of way between 48 Avenue and Highway 1. Access to 48 Avenue from the proposed lots will be limited by restrictive covenant registered at time of subdivision to ensure the integrity of the landscape buffer. This proposal is supported by staff because it is consistent with the approach taken east of the subject site. Approval must be obtained from the Ministry of Transportation to plant trees in the Highway 1 right of way. Prior to final reading the proponent is required to submit landscape plans, security and nondisturbance restrictive covenants (to the acceptance of the Manager of Parks Design and Development) outlining the proposed planting and securing the buffer area. Municipal Trails: The Township’s Municipal Trail Planning Document (adopted by Council in 1994) conceptually identifies municipal trails throughout Gloucester. As a condition of previous applications, the trail has been constructed in the landscape buffer north of 48 Avenue. To continue the network, the trail will be built west along 48 Avenue (in the buffer), north along the east side of the diversion road (sidewalk), and north along the east side of 272 Street to the northern edge of the site (sidewalk). As a condition of final reading, the proponent will be required to secure rightsof-way and construction of these municipal trails to the acceptance of the Manager of Parks Design and Development. 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. 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:

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 9 . . . The Township’s Environmentally Sensitive Areas (E.S.A.) study identifies the lands as forming part of the upland between West Creek and Coghlan Creek. 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 western yellow coded watercourse will be removed. Under that same agreement, a biofiltration pond has been constructed on the adjacent property to the east as the headwaters of the second watercourse on the subject site. This red coded watercourse is located on the eastern side of the site and will be protected by a 30 metre wide environmental restrictive covenant in accordance with the original DFO Authorization agreement. The restrictive covenant is 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 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 four (4) 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. Development Prerequisites: Prior to Council adopting the Rezoning Bylaw, the proponent must complete the following development prerequisites: 1. Provision of a 22 metre road dedication for the 48 Avenue diversion road to the acceptance of the General Manager of Engineering; 2. Provision of a 6.5 metre road widening dedication for 48 Avenue to the acceptance of the General Manager of Engineering; 3. Entering into a Servicing Agreement (including provision of a storm water management plan) providing full services to the site, in accordance with the Township’s Subdivision and Development Control Bylaw, to the acceptance of the General Manager of Engineering; 4. Submission of a landscape plan detailing all buffering requirements adjacent to 48 avenue and Highway 1, to the acceptance of the Manager of Parks Design and Development. 5. Registration of a restrictive covenant prohibiting removal of natural vegetation from the 10 metre buffer zone adjacent to 48 Avenue unless specifically allowed in future Development Permits, or for the provision of a municipal trail; 6. In accordance with the Township’s Tree Protection Bylaw, registration of a nondisturbance restrictive covenant requiring that no vegetation be removed or disturbed in the undisturbed areas of 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, to the acceptance of the Manager of Parks Design and Development;

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 10 . . . 7. Provision of rights-of-way, detailed plans, and security for the construction of municipal trails adjacent to 48 Avenue, the 48 Avenue diversion road and 272 Street to the acceptance of the Manager of Parks Design and Development; 8. Registration of a non-disturbance restrictive covenant adjacent to the eastern watercourse providing non disturbance area setbacks to the satisfaction of the Department of Fisheries and Oceans Canada; and, 9. Payment of supplemental rezoning application fees.

REZONING APPLICATION RZ100246 (GLOUCESTER INDUSTRIAL ESTATES) Page 11 . . . 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 prior to any future industrial development proceeding. Respectfully submitted,

Teresa Hanson DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION MJ/TH