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REPORT TO

MAYOR AND COUNCIL

PRESENTED: APRIL 6, 2009 - REGULAR MEETING REPORT: 09-51


FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 08-15-0154
SUBJECT: 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.
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. 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;
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.

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) 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 “B” and “C” 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”;

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

j) Submission of a stormwater management plan to the acceptance of the General Manager


of Engineering;
k) 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) multi-
tenant 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: Langley Meadows Park zoned Suburban Residential Zone SR-1 and Logan’s
Landing Townhouses zoned Comprehensive Development Zone CD-1;
South: 64 Avenue, beyond which are several commercial developments zoned Regional
Commercial Zone C-1 and Community Commercial Zone C-2C
East: 199 Street, beyond which is a commercial development zoned Community
Commercial Zone C-2; and,
West: 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, pedestrian-
friendly 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 Willowbrook Community Plan Development Permit Guidelines


ATTACHMENT B 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

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 day of , 2009


READ A SECOND TIME the day of , 2009
PUBLIC HEARING HELD the day of , 2009
READ A THIRD TIME the day of , 2009
RECEIVED THE APPROVAL OF THE day of , 2009
MINISTRY OF TRANSPORTATION the
RECONSIDERED AND ADOPTED the day of , 2009

Mayor Deputy Township Clerk


Bylaw No. 4714
Page 2

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