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THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (COMEX DEVELOPMENTS LTD.) BYLAW 2009 NO. 4714

EXPLANATORY NOTE Bylaw No. 4714 rezones a 2,844 m2 (30,612 ft2) property located at 19909 – 64 Avenue from Suburban Residential Zone SR-1 to Community Commercial Zone C-2 to accommodate a 932 m2 (10,033 ft2) multi-tenant commercial building.

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (COMEX DEVELOPMENTS LTD.) BYLAW 2009 NO. 4714 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 (Comex Developments Ltd.) Bylaw 2009 No. 4714”.

2.

The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lot 4 Section 15 Township 8 New Westminster District Plan LMP32350 PID: 023-728-621 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Community Commercial Zone C-2.

READ A FIRST TIME the

06

day of

April

, 2009

READ A SECOND TIME the

06

day of

April

, 2009

PUBLIC HEARING HELD the

20

day of

April

, 2009

READ A THIRD TIME the

11

day of

May

, 2009

RECEIVED THE APPROVAL OF THE MINISTRY OF TRANSPORTATION the

22

day of

May

, 2009

RECONSIDERED AND ADOPTED the

Mayor

day of

, 2009

Deputy Township Clerk

Bylaw No. 4714 Page 2

REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

APRIL 6, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.)

PROPOSAL:

Rezone 2,844 m2 (30,612 ft2) of land located at 19909 – 64 Avenue to Community Commercial Zone C-2 to accommodate the development of a 932 m2 (10,033 ft2) multi-tenant commercial building. A Development Permit is also being proposed. RECOMMENDATION SUMMARY:

That Council give first and second reading to Bylaw No. 4714, subject to completion of seven (7) development prerequisites, and issuance of Development Permit No. 100566 at time of final reading. RATIONALE:

The proposal complies with the Willowbrook Community Plan.

REPORT: FILE:

09-51 08-15-0154

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 2 . . .

RECOMMENDATIONS:

That Council give first and second reading to Bylaw No. 4714 rezoning 2,844 m2 (30,612 ft2) of land located at 19909 – 64 Avenue to Community Commercial Zone C-2 to accommodate the development of a 932 m2 (10,033 ft2) multi-tenant commercial building, subject to the following development prerequisites being satisfied prior to final reading: 1.

2.

3. 4. 5. 6. 7.

Applicant entering into a Servicing Agreement with the Township to secure upgrades to 64 Avenue in accordance with the Township’s Subdivision and Development Control Bylaw to the acceptance of the General Manager of Engineering; 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; 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; Completion of landscaping plans to the acceptance of the Manager of Parks Design and Development; Applicant to register a restrictive covenant prohibiting access to 64 Avenue; Approval of the rezoning bylaw by the Ministry of Transportation; Payment of Development Engineering and Parks Design and Development administration fees and supplemental rezoning application fees.

That Council at the time of final reading of Bylaw No. 4714 authorize the issuance of Development Permit No. 100566 for the proposed commercial development subject to the following conditions: a) b)

c) d) e) f) g)

Building plans being in substantial compliance with Schedules “A” to “D”; Landscape plans being in substantial compliance with Schedule “E” 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 Schedules “B” and “C” 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 602.5 of the Township’s Zoning Bylaw 1987 No. 2500 being varied from a minimum 3.0 metre side lot line setback to permit a minimum 1.2 metre side lot line setback as shown in Schedule “B”;

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)

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;

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 3 . . .

j) k)

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. 4714 in conjunction with the hearing for proposed Development Permit No. 100566. EXECUTIVE SUMMARY:

Gord MacPherson has applied on behalf of Comex Developments Ltd. to rezone a 2,844 m2 (30,612 ft2) property located at 19909 – 64 Avenue from Suburban Residential Zone SR-1 to Community Commercial Zone C-2. The rezoning will accommodate the development of a one storey 932 m2 (10,033 ft2) multi-tenant commercial building. The development proposal complies with the Willowbrook Community Plan as the subject lands are designated “Regional Commercial.” The subject site is also designated as “Development Permit Area B” 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 seven (7) development prerequisites outlined in this report. Issuance of Development Permit No. 100566 is conditional upon seven (7) Development Permit conditions, plus four (4) Building Permit conditions, all to be applied at the Building Permit stage. PURPOSE:

This report is to advise and make recommendations concerning Rezoning Bylaw No. 4714 and Development Permit No. 100566 in the Willowbrook Community Plan area.

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 4 . . .

WILLOWBROOK COMMUNITY PLAN

SUBJECT

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 5 . . .

ZONING BYLAW NO. 2500

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 6 . . .

RENDERING – SUBMITTED BY APPLICANT

PRELIMINARY SITE PLAN – SUBMITTED BY APPLICANT

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 7 . . .

ADDITIONAL INFORMATION:

Owner:

Comex Developments Ltd. 6 – 1480 Marine Drive North Vancouver, BC V7P 1T6

Applicant:

Gord MacPherson. 1856 – Ocean Surf Place Surrey, BC V4A 9P1

Legal Description:

Lot 4 Section 15 Township 8 New Westminster District Plan LMP32350 PID: 023-728-621

Location:

19909 – 64 Avenue

Area:

2,844 m2 (30,612 ft2)

Existing Zoning:

Suburban Residential Zone SR-1 (minimum lot size 3,716 m2 / 40,000 ft2)

Proposed Zoning:

Community Commercial Zone C-2 (minimum lot size 930 m2 / 10,010 ft2)

Willowbrook Community Plan:

Regional Commercial

E.S.A. Designation:

E.S.A.# 65 – Langley City and South Willowbrook (Rating - #3)

BACKGROUND/HISTORY:

The subject site is designated “Regional Commercial” in the Willowbrook Community Plan and is currently zoned Suburban Residential Zone SR-1. Although currently vacant, the subject site is the former location of the Matheson residence, which was built in 1898 by John Matheson. In 2003, the Matheson residence was relocated to Langley Meadows Park (the property immediately west) and has been protected through a Heritage Revitalization Agreement and listing on the Community Heritage Register. DISCUSSION/ANALYSIS:

Gord MacPherson has applied on behalf of Comex Developments Ltd. to rezone the 2,844 m2 (30,612 ft2) site located at 19909 – 64 Avenue from Suburban Residential Zone SR-1 to Community Commercial Zone C-2 in compliance with the Willowbrook Community Plan. The proposed rezoning will accommodate the development of a one storey 932 m2 (10,033 ft2) multitenant commercial building. A Development Permit is also being 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.

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 8 . . .

Adjacent Uses: Surrounding land uses include: North: South: East: West:

Langley Meadows Park zoned Suburban Residential Zone SR-1 and Logan’s Landing Townhouses zoned Comprehensive Development Zone CD-1; 64 Avenue, beyond which are several commercial developments zoned Regional Commercial Zone C-1 and Community Commercial Zone C-2C 199 Street, beyond which is a commercial development zoned Community Commercial Zone C-2; and, Langley Meadows Park zoned Suburban Residential Zone SR-1.

Development Permit: The subject site is designated as a mandatory Development Permit area in the Willowbrook Community Plan in order to allow Council the opportunity to review the form, character and siting of the proposed development. As such, a rendering, a site plan, building elevations and a landscape plan have been submitted detailing the proposed development. Development Permit No. 1005666, including Schedules “A” to “E”, are attached to this report as Attachment B. The proposed one storey 932 m2 (10,033 ft2) multi-tenant commercial building will be located on the southern portion of the site (adjacent to 64 Avenue) with the parking located behind the building on the northern portion of the site. Street-facing doors are proposed along 64 Avenue and 199 Street. The siting supports the creation of an urban, pedestrian-friendly streetscape in compliance with the objectives of the Willowbrook Community Plan and the Willowbrook Pedestrian and Bicycle Study. The applicant has requested a minor siting variance to permit a minimum 1.2 metre side lot line setback along the western property line; the Community Commercial Zone C-2 requires a 3.0 metre side lot line setback when the property abuts a residential zone. Staff note, however, that the Community Commercial Zone C-2 allows a zero (0) metre side lot line setback when a property abuts any zone other than a residential zone. The adjacent property is Langley Meadows Park which, despite being zoned Suburban Residential Zone SR-1, is not a residential use. As such, staff support the minor siting variance as it is in keeping with the overall intent of the Zoning Bylaw. The exterior design of the building consists of beige stucco, grey brick tile, storefront windows and black awnings. Given the site’s adjacency to Logan’s Landing Townhouses and the Matheson residence (located in Langley Meadows Park), the building has incorporated several complementary architectural elements including window treatments and pitched roofing that introduces a variety of vertical variations. The building has also addressed the significant changes in grade on the site with the introduction of recessed plazas that provide access to the street-facing doors. A condition has been incorporated into the Development Permit requiring rooftop mechanical equipment to be located so that it is not visible from adjacent roadways or alternatively to be screened from view by compatible architectural treatment. Garbage facilities are to be located on the northwest corner of the site within screened enclosures compatible with the architectural treatment.

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 9 . . .

Apart from the proposed side lot line minor siting variance, the development complies with the Community Commercial Zone C-2 provisions concerning use, site coverage (33%), building height (7.8 m), building setbacks and parking. Overall, in staff’s opinion, the form, character and siting of the proposed development comply with the Development Permit Guidelines of the Willowbrook Community Plan (Attachment A). Access and Parking: The proposed development was designed to accommodate pedestrian traffic by providing street-facing doors (along 64 Avenue and 199 Street) as well as doors at the rear of the building (adjacent to the parking lot). The applicant is also proposing to provide a total of 47 parking spaces in compliance with the Township’s Zoning Bylaw (47 required). Access to the parking lot will be provided by two (2) driveways along 199 Street. Prior to final reading, the applicant will be required to register a restrictive covenant prohibiting access to 64 Avenue. Servicing: Full municipal services are currently provided to the subject site and are considered adequate for the proposed use. The development has been reviewed by the Township’s Development Engineering Department which requires the applicant to enter into a Servicing Agreement (prior to final reading) to secure upgrades to 64 Avenue, including installation of a left turn bay, in accordance with the Township’s Subdivision and Development Control Bylaw. Approval of the rezoning bylaw by the Ministry of Transportation will be required prior to consideration of final reading. Although not part of the Development Permit requirements, the applicant is advised that prior to issuance of a Building Permit, an Erosion and Sediment Control Permit is required in accordance with the Township’s Erosion and Sediment Control Bylaw. Signage: In accordance with the Township’s Sign Control Bylaw, signage will be limited to the tenant names displayed as fascia channel lettering, as indicated in Schedules “B” and “C”. The signage has been designed to be complimentary to the proposed building and will comply with the Township’s Sign Control Bylaw. No freestanding signage has been proposed, which is consistent with the Willowbrook Community Plan’s objective of creating an urban, pedestrianfriendly streetscape. Landscaping: The landscape plan proposes plantings of trees, shrubs and groundcover within the parking area and along the perimeter of the site, including several pockets of landscaping within the municipal boulevard along 64 Avenue and 199 Street. Proposed trees are Magnolia, Katsura and Ash, shrubs include Asian Boxwood, Rhododendron, Rose and Viburnum, and groundcover is Bearberry. To buffer the views from Logan’s Landing Townhouses and screen the garbage enclosure, larger landscaped areas have been proposed on the northeast and the northwest corner of the subject site. In accordance with Township policy, a black chain link fence and Emerald Arborvitae will be installed along the north and west property lines (adjacent to the Langley Meadows Park site).

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 10 . . .

Tree Protection and Replacement: In compliance with the Township’s Tree Protection Bylaw, the applicant has submitted an Integrated Site Design Concept (ISDC). The ISDC indicates that two (2) significant trees exist on the site and are located within the proposed building envelope. The applicant, therefore, has proposed to remove both trees. One of the trees, a large Kwanzan Cherry (approximately 42 years old), has been identified as a tree with significant aesthetic value as it is an excellent specimen of its particular species. Prior to removing the existing Kwanzan Cherry, the applicant will be required to plant a new Kwanzan Cherry adjacent to the Matheson residence on the Langley Meadows Park site. The new Kwanzan Cherry will be required to be a mature tree with a significantly larger calliper than typical replacement trees (minimum 22 cm), as a realistic alternative to relocating the existing tree The applicant has also proposed to remove two (2) Cottonwood trees located on the Langley Meadows Park site adjacent to the northern property line of the subject site. The applicant has requested the removal of the two (2) Cottonwoods due to concerns that on-site development works would cause significant damage to both trees. To compensate for the removal of the two (2) Cottonwoods, the applicant will be required to plant four (4) Western Red Cedars on the Park site adjacent to the northern property line of the development site. In total, 25 replacement trees are required to be planted, six (6) of which will be planted on-site. As a result, a total of 31 trees, including the six (6) street trees required, will be in place after development. Final tree retention, protection, and replacement plans are subject to final acceptance by the Manager of Parks Design and Development prior to final reading. 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 (Logan’s Landing Townhouses). Environmental Considerations: The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the lands as part of the Langley City and South Willowbrook area. As a condition of the Development Permit, the applicant will be required to submit a stormwater management plan to the acceptance of the General Manager of Engineering at the Building Permit stage. The municipal services currently 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. Development Prerequisites: Prior to the final reading of Rezoning Bylaw No. 4714, the following prerequisites must be finalized: 1. Applicant entering into a Servicing Agreement with the Township to secure upgrades to 64 Avenue in accordance with the Township’s Subdivision and Development Control Bylaw to the acceptance of the General Manager of Engineering;

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 11 . . .

2. 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; 3. 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; 4. Completion of landscaping plans to the acceptance of the Manager of Parks Design and Development; 5. Applicant to register a restrictive covenant prohibiting access to 64 Avenue; 6. Approval of the rezoning bylaw by the Ministry of Transportation; 7. Payment of Development Engineering and Parks Design and Development administration fees and supplemental rezoning application fees. Policy Considerations: The proposed Community Commercial Zone C-2 complies with the “Regional Commercial” designation of the Willowbrook Community Plan. Staff recommend that the rezoning application be considered subject to the seven (7) 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 Willowbrook Community Plan. Respectfully submitted,

Patrick Ward DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION PJW /pjw ATTACHMENT A ATTACHMENT B

Willowbrook Community Plan Development Permit Guidelines Development Permit No. 100566 SCHEDULE A – Rendering SCHEDULE B – Site Plan SCHEDULE C – Building Elevations SCHEDULE D – Building Elevations SCHEDULE E – Landscape Plan

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 12 . . .

ATTACHMENT A Excerpt from Willowbrook Community Plan Bylaw No. 3008 (as amended):

REZONING APPLICATION NO. 100324 DEVELOPMENT PERMIT NO. 100566 (COMEX DEVELOPMENTS LTD.) Page 13 . . .

ATTACHMENT B THE CORPORATION OF THE TOWNSHIP OF LANGLEY Development Permit No. 100566 This Permit is issued this __________day of _________________, 2009 to: 1. NAME & ADDRESS:

Comex Developments Ltd. 6 – 1480 Marine Drive North Vancouver, BC V7P 1T6

2. 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 4, Section 15, Township 8, NWD, Plan LMP32350 PID: 023-728-621 (hereinafter called the “said lands”) CIVIC ADDRESS:

19909 – 64 Avenue

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) Building plans being in substantial compliance with Schedules “A” to “D”; b) Landscape plans being in substantial compliance with Schedule “E” 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; c) Signage to be in substantial compliance with Schedules “C” and “D” and in compliance with the Township of Langley Sign Bylaw; d) Fascia signage shall consist of channel lettering; e) 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; f) Garbage facilities to be located within screened enclosures and screened from view by compatible architectural treatment; g) Section 602.5 of the Township’s Zoning Bylaw 1987 No. 2500 being varied from a minimum 3.0 metre side lot line setback to permit a minimum 1.2 metre side lot line setback as shown in Schedule “B”; 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) 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) Issuance of an Erosion and Sediment Control permit in conjunction with the Township’s Erosion and Sediment Control Bylaw; j) Submission of a stormwater management plan to the acceptance of the General Manager of Engineering; k) 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

Development Permit No. 100566 Page 2 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 SCHEDULE B – Site Plan SCHEDULE C – Building Elevations SCHEDULE D – Building Elevations SCHEDULE E – Landscape Plan





 SCHEDULEA RENDERING



 SCHEDULEB SITEPLAN



 SCHEDULEC BUILDINGELEVATIONS

 SCHEDULED BUILDINGELEVATIONS 



 SCHEDULEE LANDSCAPEPLAN