PH5_96 Avenue Development Group

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    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 thewest from General Industrial Zone M-2 and Rural Zone RU-1 to ComprehensiveDevelopment Zone CD-14 to accommodate a four (4) lot service industrial / commercialsubdivision.

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    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 Bylaw1987 No. 2500 as amended;

    NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in OpenMeeting Assembled, ENACTS AS FOLLOWS:

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

    2. The Township of Langley Zoning Bylaw 1987 No. 2500 as amended is further amendedby rezoning lands described as:

    Lot 26 District Lot 124 Group 2 New Westminster District Plan 1115PID: 006-804-161

    Lot 8 District Lot 124 New Westminster District Plan BCP34843PID: 027-405-168

    as shown delineated on Schedule A attached to and forming part of this Bylaw toComprehensive 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

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    Bylaw No. 4718Page 2

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    REPORT TO

    MAYOR AND COUNCIL

    PRESENTED: FEBRUARY 16, 2009 - REGULAR MEETING REPORT: 09-21FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 09-02-0139SUBJECT: REZONING APPLICATION NO. 100322

    DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)

    PROPOSAL:

    Rezone 2.82 ha (6.97 acres) of landlocated at 20327 96 Avenue toComprehensive Development Zone

    CD-14 to create a four (4) lot serviceindustrial / commercial subdivision,including the issuance of aDevelopment Permit is also beingproposed.

    RECOMMENDATION SUMMARY:

    That Council give first and secondreading to Bylaw No. 4718, subject tocompletion of thirteen (13)development prerequisites, andissuance of Development Permit No.

    100562 at time of final reading.

    RATIONALE:

    The proposal complies with theNorthwest Langley Community Plan.

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    REZONING APPLICATION NO. 100322DEVELOPMENT 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 thedevelopment of four (4) industrial / commercial buildings, subject to the following developmentprerequisites being satisfied prior to final reading:

    1. Applicant entering into a Servicing Agreement with the Township to secure utility upgradesand extensions where required, in accordance with the Townships Subdivision andDevelopment Control Bylaw and the Erosion and Sediment Control Bylaw to the acceptanceof the General Manager of Engineering;

    2. Provision of an overall stormwater management plan for the site to the acceptance of theGeneral Manager of Engineering;

    3. Applicant to dedicate to the Municipality the required widening of 96 Avenue and 203 Streetin accordance with the Townships Subdivision and Development Control Bylaw;

    4. Provide a public access right of way ten (10) metres wide on the east perimeter of the siteand 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 Townships Tree Protection Bylaw including provision of a final tree

    management plan incorporating tree retention, replacement and protection details to theacceptance of the Manager of Parks Design and Development;

    7. Completion of landscaping plans, including plans for the landscaped buffer / trail, to theacceptance of the Manager of Parks Design and Development;

    8. Provision of street trees in compliance with the Townships Street Tree and BoulevardTreatment 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 ofDevelopment Permit No. 100562 for the proposed industrial and commercial developmentsubject to the following conditions:

    a) Building plans being in substantial compliance with Schedules A to I;b) Landscape plans being in substantial compliance with Schedules J to M and in

    compliance with the Townships Street Tree and Boulevard and Treatment program to theacceptance of the Manager of Parks Design and Development;

    c) Signage to be in substantial compliance with Schedule N and in compliance with theTownship 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;

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    REZONING APPLICATION NO. 100322DEVELOPMENT 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 minimum5.0 metre side lot line setback from a flanking street to permit a minimum 2.0 metre side lotline setback from a flanking street as shown in Schedule C;

    Although not part of the Development Permit requirements, the applicant is advised that prior tothe 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 ofcredit;

    i) Compliance with the Townships Exterior Lighting Impact Policy, including the provision ofan Exterior Lighting Impact Plan to the acceptance of the Manager of Permits and LicencesDepartment;

    j) Issuance of an Erosion and Sediment Control permit in conjunction with the TownshipsErosion and Sediment Control Bylaw;

    k) Submission of a stormwater management plan to the acceptance of the General Managerof Engineering;

    l) Payment of supplemental Development Permit application fees; and further

    That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No.4718 in conjunction with the hearing for proposed Development Permit No. 100562.

    EXECUTIVE SUMMARY:

    Krahn Engineering Ltd. has applied (on behalf of 96th Avenue Development Group Ltd.) torezone 2.82 ha (6.97 acres) of land located at 20327 96 Avenue and the vacant lands to thewest from General Industrial Zone M-2 and Rural Zone RU-1 to Comprehensive DevelopmentZone CD-14. The rezoning will facilitate the subdivision of the subject lands into four (4) lots toaccommodate the development of four (4) service industrial / commercial buildings. Alsoproposed, in compliance with the Northwest Langley Community Plan, is a ten (10) metre widelandscaped buffer / trail to be located between the development and the Chelsea Greenresidential development to the east. The development proposal complies with the NorthwestLangley Community Plan as the subject lands are designated Light Industrial. The property isalso designated as Development Permit Area A Industrial in order to allow Council theopportunity to review the form, character and siting of the proposed development. Additionaldetails concerning the proposed development are contained in the attached materials. Finalreading of the rezoning bylaw is contingent upon completion of the thirteen (13) developmentprerequisites outlined in this report. Issuance of Development Permit No. 100562 is conditionalupon seven (7) conditions, plus five (5) additional conditions to be applied at the building permitstage.

    PURPOSE:

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

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

    NORTHWEST LANGLEY COMMUNITY PLAN

    UBJECT

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

    ZONING BYLAW NO. 2500

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    REZONING APPLICATION NO. 100322DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)Page 6 . . .

    RENDERING (BUILDING C) SUBMITTED BY APPLICANT

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    REZONING APPLICATION NO. 100322DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)Page 7 . . .

    RENDERING (BUILDING D) SUBMITTED BY APPLICANT

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    REZONING APPLICATION NO. 100322DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)Page 8 . . .

    PRELIMINARY SITE PLAN SUBMITTED BY APPLICANT

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    REZONING APPLICATION NO. 100322DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)Page 12 . . .

    the subdivision approval process pursuant to the Townships Subdivision and DevelopmentControl Bylaw and Policy.

    Development Permit:

    The subject lands are designated as a mandatory Development Permit area in the NorthwestLangley Community Plan in order to allow Council the opportunity to review the form, characterand siting of the proposed development. As such, renderings, site plans, elevations, andlandscape plans have been submitted detailing the proposed development. ProposedDevelopment 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 a2,588 m2 (27,860 ft2) one level industrial warehouse with accessory office space (buildings Aand B). Buildings A and B, which front 96 Avenue, have a height of 10.3 metres (34 ft) and asite coverage of 34%.

    The exterior finishing of buildings A and B consist of tilt up concrete walls (grey) with blue andcharcoal accent colours. Glazing, cast-in reveal lines and metal box flashing are also proposedon buildings A and B. Furthermore, the front (south) elevations feature angled roof lines andcharcoal canopies above the entrances. Buildings A and B each have seven (7) overheadloading doors which are located on the rear (north) elevations in order to minimize visualimpacts from 96 Avenue. In order to minimize any visual impacts from Chelsea Green, the eastelevation of building A includes similar architectural treatment to the front (south) elevation anddense 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 6.9metres (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 abuttinga 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 thearticulated building envelope provides improved architectural treatment along the elevationfronting the public street. In addition, the two (2) metre wide landscaped areas are offset byadditional 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 darkbrown accent colours. Building C will incorporate architectural detailing such as cast-in reveallines, 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 borderedby trellises are also proposed for building C.

    Lot four (4) will accommodate a 4,644 m2 (50,000 ft2) industrial warehouse with accessory officeand showroom space (building D - Julian Ceramic Tile Inc.). Julian Ceramic Tile Inc. is awholesale-distributor of ceramic, porcelain and natural stone tiles. Building D will be one levelexcept for the 928 m2 (10,000 ft2) showroom / warehouse which will be two levels. Building Dwill 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 walls (beige and light brown) with rakedconcrete and cultured stone used to accent the building facade. Building D also includes adecorative wrought iron fence and roof, an overhead canopy, tile backsplash, and glazing,particularly on the showroom portion of the building. Building D includes four (4) recessed

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    REZONING APPLICATION NO. 100322DEVELOPMENT 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 aspilasters and lattices, and increased landscaping within the landscaped buffer / trail to minimizeany visual impacts from Chelsea Green.

    The proposed development complies with the Comprehensive Development Zone CD-14provisions concerning use, site coverage, building height, parking and building setbacks, apartfrom 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 staffs opinion, the form, character and siting of the proposed development complywith the Development Permit Guidelines of the Northwest Langley Community Plan.Development Permit No. 100562, including Schedules A to N, are attached as Attachment Bto this report.

    Access and Parking:The applicant is proposing to provide a total of 154 parking spaces in compliance with theTownships Zoning Bylaw (154 required). Prior to final reading, a restrictive covenant will berequired to prohibit parking on 96 Avenue.

    The subject site will be accessed from 96 Avenue (existing) and 203 Street (under constructionin 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 203Street. 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 ofsubdivision.

    As a centre median is planned for 96 Avenue, the applicant will also be required to register arestrictive covenant restricting access to and from 96 Avenue to right turns only. For safetyreasons, a restrictive covenant will also be required prior to final reading prohibiting truck andtrailers from accessing the driveway on 96 Avenue. To further restrict truck and trailers usingthe driveway on 96 Avenue, a three (3) metre landscaped median will be constructed along thecentre of the driveway.

    Servicing:

    The applicant will be required to confirm the adequacy of the existing watermain, sanitary sewerand storm sewer along 96 Avenue and provide improvements as required. If improvements arerequired, a Servicing Agreement to secure the utility upgrades will be required prior to finalreading of the rezoning bylaw. Lot 4 will be serviced by the utilities along 203 Street, which arebeing 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 securewidening of 96 Avenue and 203 Street in accordance with the Townships Subdivision andDevelopment Control Bylaw

    As a condition of the Development Permit, the applicant will be required to obtain a SedimentControl permit in conjunction with the Townships Erosion and Sediment Control Bylaw andprepare a stormwater management plan at the Building Permit stage.

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    REZONING APPLICATION NO. 100322DEVELOPMENT 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 constructand provide as a public access right of way a ten (10) metre wide landscaped buffer / trail alongthe east property line. The landscaped buffer / trail will feature a three (3) metre wide asphalttrail 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 existingapproximate 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 theexisting fence along the property line with a new chain link fence and a two (2) metre high cedarhedge on the development property.

    The applicant has also proposed a six (6) metre wide landscaped buffer / trail to be provided asa public access right of way along the northern property line. This landscaped buffer / trail willalso feature a three (3) metre wide asphalt trail that will provide a connection from the trail alongthe eastern edge of the site to 203 Street.

    Final details of the landscaped buffer / trail along the northern and eastern property lines will beaddressed prior to final reading of the rezoning bylaw to the acceptance of the Manager ofParks Design and Development. The applicant will also be required to register a restrictivecovenant requiring ongoing maintenance of the plantings within the landscaped buffer / trailprior to final reading of the rezoning bylaw.

    Landscaping:

    The landscape plans propose extensive plantings of trees, shrubs, and ground cover along theperimeter of the site and in the parking areas. The preliminary landscaping plans comply withthe new parking lot landscaping requirements of the Zoning Bylaw which were recently adoptedby Council. Parts of the landscaped areas fronting 203 Street will also feature landscapedberms to further screen the garbage enclosures and overhead loading doors. Decorativetrellises 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 thefuture trail, a combination of dense planting and tilt-up concrete screens are proposed along theeast property line (adjacent to and within the landscaped buffer area). Completion of finallandscaping plans to the acceptance of the Manager of Parks Design and Development isrequired prior to final reading of the rezoning bylaw.

    Tree Protection:

    In compliance with the Townships Tree Protection Bylaw, the applicant has submitted an

    Integrated Site Design Concept (ISDC). The ISDC indicates that 53 significant trees exist onthe site, all of which are proposed to be removed. In accordance with the Townships TreeProtection Bylaw, 198 replacement trees are required to be planted, all of which are proposedon 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 treeretention, protection and replacement plans are subject to the acceptance of the Manager ofParks Design and Development prior to final reading of the rezoning bylaw.

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    REZONING APPLICATION NO. 100322DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)Page 15 . . .

    Signage:

    In accordance with the Townships Sign Control Bylaw, tenant names will be displayed aschannel lettering fascia signage on all four buildings. In addition, six (6) freestanding signs areproposed on the subject site: two (2) monument signs and one (1) pylon sign fronting 96Avenue and two (2) monument signs and one (1) pylon sign fronting 203 Street. The signage isdesigned to be complimentary to the proposed building designs and will comply with theTownships Sign Control Bylaw and the signage plan (Schedule N).

    Exterior Lighting:

    In compliance with the Townships Exterior Lighting Impact Policy, an Exterior Lighting ImpactPlan will be required as a condition of the Development Permit (at the Building Permit stage) asthe subject site is located adjacent to a multi-family residential development (Chelsea Green).

    Environmental Considerations:

    The Townships Environmentally Sensitive Areas (E.S.A.) Study identifies the lands as part ofthe Walnut Grove Aquifer area. The municipal services provided to the site and the provision ofa stormwater management plan satisfy the management guidelines identified in the TownshipsEnvironmentally Sensitive Areas Study. No watercourses exist on or adjacent to the subjectsite. A total of 198 trees, plus approximately 32 street trees, will also be planted on the subjectsite.

    Public Consultation:

    On January 16, 2009 the applicant and property owners met with members of the ChelseaGreen strata corporation to discuss the proposed development and provide the opportunity forChelsea Green to provide feedback. While the main concerns raised at the meeting includednoise, 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 mitigatethe issues raised. The minutes from the January 16, 2009 are attached as Attachment C to thisreport.

    Development Prerequisites:

    Prior to the final reading of Rezoning Bylaw No. 4718, the following prerequisites must befinalized:

    1. Applicant entering into a Servicing Agreement with the Township to secure utility upgradesand extensions where required, in accordance with the Townships Subdivision andDevelopment Control Bylaw and the Erosion and Sediment Control Bylaw to the acceptanceof the General Manager of Engineering;

    2. Provision of an overall stormwater management plan for the site to the acceptance of theGeneral Manager of Engineering;

    3. Applicant to dedicate to the Municipality the required widening of 96 Avenue and 203 Streetin accordance with the Townships Subdivision and Development Control Bylaw;

    4. Provide a public access right of way ten (10) metres wide on the east perimeter of the siteand 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 plantingswithin the landscaped buffer / trail;

    6. Compliance with the Townships Tree Protection Bylaw including provision of a final treemanagement plan incorporating tree retention, replacement and protection details to theacceptance of the Manager of Parks Design and Development;

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    REZONING APPLICATION NO. 100322DEVELOPMENT PERMIT NO. 100562(96TH AVENUE DEVELOPMENT GROUP LTD.)Page 16 . . .

    7. Completion of landscaping plans, including plans for the landscaped buffer / trail, to theacceptance of the Manager of Parks Design and Development;

    8. Provision of street trees in compliance with the Townships Street Tree and BoulevardTreatment 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 tobe 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 theaccompanying Development Permit (to be issued at the time of final reading of the rezoningbylaw) as the proposal, in staffs opinion, complies with the Development Permit Guidelines ofthe Northwest Langley Community Plan.

    Respectfully submitted,

    Patrick Ward

    DEVELOPMENT PLANNERforCOMMUNITY DEVELOPMENT DIVISION

    PJW

    ATTACHMENT A Northwest Langley Community Plan Development Permit GuidelinesATTACHMENT B Development Permit No. 100562

    SCHEDULE A Rendering (Building C)SCHEDULE B Rendering (Building D)SCHEDULE C Site PlanSCHEDULE 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 PlanSCHEDULE 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 from the meeting with the Chelsea Green strata corporation

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

    ATTACHEMENT A

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    ATTACHMENT B

    THE CORPORATION OF THE TOWNSHIP OF LANGLEY

    Development Permit No. 100562

    This Permit is issued this __________day of _________________, 2009 to:

    1. NAME & ADDRESS: 96

    th

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

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

    LEGAL DESCRIPTION: Lot 26 District Lot 124 Group 2 New Westminster District Plan1115PID: 006-804-161

    Lot 8 District Lot 124 New Westminster District Plan

    BCP34843PID: 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 ofLangley applicable thereto, except as specifically varied or supplemented by this permit asfollows:

    a) Building plans being in substantial compliance with Schedules A to I;b) Landscape plans being in substantial compliance with Schedules J to M and in compliance

    with the Townships Street Tree and Boulevard and Treatment program to the acceptance ofthe Manager of Parks Design and Development;

    c) Signage to be in substantial compliance with Schedule N and in compliance with theTownship 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 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 linesetback from a flanking street as shown in Schedule C;

    4. Although not part of the Development Permit requirements, the applicant is advised that priorto 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 ofcredit;

    i) Compliance with the Townships Exterior Lighting Impact Policy, including the provision of anExterior Lighting Impact Plan to the acceptance of the Manager of Permits and LicencesDepartment;

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    Development Permit No. 100562Page 2

    j) Issuance of an Erosion and Sediment Control permit in conjunction with the TownshipsErosion and Sediment Control Bylaw;

    k) Submission of a stormwater management plan to the acceptance of the General Manager ofEngineering;

    l) Payment of supplemental Development Permit application fees.

    5. The land described herein shall be developed strictly in accordance with the terms, conditionsand provisions of this Permit and any plans and specifications attached as a Schedule to thisPermit which shall form a part hereof.

    This Permit is not a Building Permit. All developments forming part of this DevelopmentPermit shall be substantially commenced within two years after the date the DevelopmentPermit is issued. This permit shall have the force and effect of a restrictive covenant runningwith the land and shall come into force on the date of an authorizing resolution passed byCouncil.

    It is understood and agreed that the Municipality has made no representations, covenants,warranties, guarantees, promises or agreement (verbal or otherwise) with the developer otherthan those in this Permit.

    This Permit shall enure to the benefit of and be binding upon the parties hereto and theirrespective 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 PlanSCHEDULE 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 PlanSCHEDULE K Landscape Plan (Lot 1)SCHEDULE L Landscape Plan (Lots 2 & 3)SCHEDULE M Landscape Plan (Lot 4)SCHEDULE N Signage Plan

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    SCHEDULEARENDERING(BUILDINGC)

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    SCHEDULEBRENDERING(BUILDINGD)

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    SCHEDULECSITEPLAN

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    SCHEDULEESITEPLAN(LOT4)

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    SCHEDULEFBUILDINGELEVATIONS(BUILDINGA

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    SCHEDULEGBUILDINGELEVATIONS(BUILDINGB

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    SCHEDULEHBUILDINGELEVATIONS(BUILDINGC

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    SCHEDULEIBUILDINGELEVATIONS(BUILDINGD

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    SCHEDULELLANDSCAPEPLAN(LOTS2&3)

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    SCHEDULENSIGNAGEPLAN

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    MinutesDate:January16,2009,10:00AM

    Location: ChelseaGreen

    Attendees: JimDoerrPres.ChelseaGreenStrataCorp,MarieBraySec.ChelseaGreenStrataCorp, Bill

    Jones96AveDevelopmentGrp,DougBrealey 96AveDevelopmentGrp,DaveKrahnKrahnEng,Glenn

    FroeseKrahnEng,RomanDypcheyHYEng,RoryDafoeLandscapeArchitect

    Jonesexplained

    the

    purpose

    of

    the

    meeting

    being

    the

    presentation

    of

    the

    proposed

    development

    plans

    for

    2032796thAvenueandprovidetheopportunityforChelseaGreentoprovidefeedbackonthedesignandto

    allowChelseaGreentoexpressanyconcerns.

    Krahn/JonespresentedtheproposeddevelopmentplanstoJim&MarieJimDoerrexplainedthatitistheStrataspolicythattheDirectorsoftheStrataCorpdonotrepresenttheindividualownerswhenitcomestodevelopmentissues. Theyarehoweverawareofmostoftheissuesor

    questionsthatareofconcernoftheowners. Themainconcernsarenoise(concernedaboutbackupbeeperson

    trucks),thevisualaspectsoftheproject(architectural,buildingheight,landscapingandoutsidestorage),

    securityalongtheproposedpath/jointpropertyline,anddrainageontotheirsite(itappearsthereisrunoff

    comingontotheirRVparkingarea).

    MarieBrayinformedgroupthatthereareatotalof224unitsandapproximately400450residentsandherandJimcouldnotspeakforthemall. Theremaybeownerswhofacethenewdevelopmentthatwillhave

    greaterconcernthanthosethatdont. Mariesaidwecanexpectcomplaintsfromresidentsfacingtheproject.

    Residentsdontlikechange. Complaintswillbelessinthefutureaftertheprojectiscompletedastheunit

    ownershipinChelseaturnsover.

    RomanDypcheyexplainedtheplanforcontrollingthedrainagerunningontoChelseasproperty.JimDoerrappearedsatisfied.

    DaveKrahn/GlennFroeseexplainedtheproposedzoningandpotential/probableusersunderCD14. Davealso

    stated

    that

    semi

    trailer

    trucks

    typically

    do

    not

    have

    back

    up

    beepers.

    Beepers

    are

    more

    common

    on

    smallercitydeliverytrucks. DavealsostatedthatnooutsidestorageispermittedunderCD14. Dave/Glenn

    explained buildingheightsandviewlines.

    Groupdiscussedsecurityconcernsalongthebuffer/path. Buildingshavefalsewindowsandlowlighting. No

    lightingalongpathwaspreferredbygroup.

    RoryDafoediscussedthelandscapingalongthebuffer/pathbetweenthedevelopmentandChelsea.Jimhadsomeconcernabouttreesgettingtoolarge(concernsaboutroots). Roryexplainedthatgiventhetrees

    locationsinthebuffer/paththerewouldbenoissuewithroots.

    JimDoerr

    said

    that

    Chelsea

    had

    held

    off

    replacing

    the

    existing

    fence

    between

    the

    properties

    because

    they

    knew

    thedevelopmentwouldbehappening.Adiscussionensuedregardingareplacementfence. Itwasdecidedthat

    anewchainlinkfencewouldbeinstalledalongthejointpropertylineandthecostsharedbyChelseaand96th

    Avenue. Inaddition,Dougsaid96thAvenuewouldinstalla56cedarhedgealongthe96thAvenuesideofthe

    fenceat96thAvenuescost. Glenn/RorytoprovidefencecostsandforwardtoJimDoerr.

    JimDoerrandMarieBrayexpressedtheirapprovalofthebuildingdesignandlandscapeplan. Weneedtoshow elevations and view lines relative to the Chelsea buildings.

    ATTACHMENT C