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    REPORT TO

    MAYOR AND COUNCIL

    PRESENTED: MARCH 9, 2009 PUBLIC HEARING REPORT: 09-27FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 11-06-0174SUBJECT: DEVELOPMENT PERMIT APPLICATION NO. 100564

    (PLATINUM GROUP ENTERPRISES LTD.)

    PROPOSAL:

    Development Permit to modify existingDevelopment Permit (DP No. 100497) byeliminating a freestanding amenity

    building from a townhouse developmentcurrently under construction at 22225 50 Avenue.

    RECOMMENDATION SUMMARY:

    That Council authorize issuance ofDevelopment Permit No. 100564, subjectto three (3) conditions and onevolunteered contribution.

    RATIONALE:

    The proposal complies with theMurrayville Community Plan,Comprehensive Development Zone CD-69, and the Development Permitguidelines.

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 2

    RECOMMENDATION:

    That Council authorize issuance of Development Permit No. 100564 to Platinum GroupEnterprises Ltd. for property located at 22225 - 50 Avenue, in accordance with Attachment B,

    subject to the following conditions:

    a) Deletion of the Amenity Building shown on Schedules B, K, L, P, R, and S ofDevelopment Permit No. 100497;

    b) Landscaping plans in vicinity of the previously planned amenity building being in substantialcompliance with attached Schedules A, B and C, to the acceptance of the Manager ofParks Design and Development;

    c) Landscaping to be secured by letter of credit at the building permit stage; and further

    That Council accept the proponents offer to provide to each townhouse purchaser, a one yearfamily pass to the W.C. Blair Recreation Centre.

    EXECUTIVE SUMMARY:

    Development Permit No. 100564 may be issued to Platinum Group Enterprises Ltd. to eliminatea freestanding amenity building from a townhouse development currently under construction at22225 50 Avenue. The development continues to comply with the Townships land usepolicies and, in staffs opinion, with the Development Permit guidelines of the MurrayvilleCommunity Plan (see Attachment A).

    The rationale provided by the proponent for the removal of the amenity building, includes theprovision of additional open space with enhanced landscaping, access and playing area. This isconsidered to be of higher value to the residents, providing outdoor and more active recreationalopportunities.

    The amenity building previously contemplated was intended to primarily provide meeting andstorage space with washrooms and a cooking area, as opposed to health clubs, exerciseequipment, pool or sauna, generally associated with larger (+/- 6,000 sq. ft.) facilities. Theproponents market research has indicated that such facilities are under utilized and thedevelopment less attractive to prospective purchasers, due to the higher amenity fees.

    Staff recommend that revised Development Permit No. 100564 be issued and that Councilaccept the proponents offer to provide to each townhouse purchaser, a one year family pass tothe W.C. Blair Recreation Centre.

    PURPOSE:

    This report is to provide information and recommendations concerning proposed Development

    Permit No. 100564 for property located at 22225 50 Avenue.

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 3

    SUBJECT

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 4

    ZONING BYLAW NO. 2500

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 5

    Site plan from previously approved Development Permit SUBMITTED BY THE APPLICANT

    (i.e. showing amenity building)

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 6

    Revised Site Plan SUBMITTED BY THE APPLICANT(minus amenity building)

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 7

    ADDITIONAL INFORMATION:

    REFERENCE:

    Owner/Applicant Platinum Group Enterprises Ltd. (Avtar Johl)

    201, 12837 76 AvenueSurrey BC V3W 2V3

    Legal Description: Lot B Section 6 Township 11New Westminster District Plan BCP29975

    Location: 22225 50 Avenue

    Area: 1.8 ha (4.5 acres)

    Existing Zoning: Comprehensive Development Zone CD-69

    Murrayville Community Plan: Multi Family Three(maximum density 41 units per ha/ 16.5 units peracre)

    E.S.A. Designation: E.S.A.# 066 Murrayville Urban Area(Rating - #3)

    BACKGROUND/HISTORY:

    The subject 1.8 ha (4.5 acre) site was previously owned by the Township and was sold toPacific Pointe Homes (Murrayville) Ltd. after a Request for Proposals (RFP) in 2006 involvingTownship lands north of 50 Avenue between 221A and 223 Streets.

    The site was rezoned to Comprehensive Development Zone CD-69 in April 2008. Development

    Permit No. 100497 was issued at the same time for a 73 unit townhouse development andincluded a 250 m2 (2,688 ft2) amenity building at the south end of the site (near the proposedsite entrance from 50 Avenue). Relevant schedules from Development Permit No. 100497(Schedule B Site Plan; Schedule K Amenity Building Elevations; Schedule L AmenityBuilding Floor Plan) are attached to this report as Attachment B for information purposes.

    The property was subsequently purchased by Platinum Group Enterprises Ltd., which appliedfor building permits to construct the proposed townhouse project. Platinum is currently buildingthe initial phase of townhouses and has requested the elimination of a previously proposedamenity building from the project.

    DISCUSSION/ANALYSIS:

    The CD-69 zoning of the subject site was written to accommodate the development proposalsubmitted by the previous owner (Pacific Pointe Homes (Murrayville) Ltd.). Although the CD-69zone does not specifically require an amenity building to be provided, it does require buildingsand structures to be sited in accordance with the provisions of a Development Permit.Development Permit No. 100497 which was issued on April 7, 2008 required development to bein substantial compliance with attached schedules, indicating a 250 m2 (2,688 ft2) amenitybuilding (with basement and main floor levels) at the south end of the site. Details of theamenity building are shown in Attachment B. Staff note that the amenity building as originallyproposed was to contain meeting space, office, bathroom and storage areas on the basementlevel, with additional meeting space, bathrooms and kitchen facilities on the main floor level.

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 8

    In order to eliminate the amenity building from the proposal, a revision to the originalDevelopment Permit is required. Platinum Group Enterprises Ltd. has applied to revise theoriginal Development Permit to eliminate the previously proposed amenity building, and hasprovided the following Rationale for Removal of Amenity Building in support of the request:

    Rationale for Removal of Amenity Building

    The landscape plan has been revised to reflect replacing the amenity building with open greenspace.

    This change allows significant improvements to the site and neighbouring area.

    1. As this development and the neighbouring development to the west are both higher densityrelative to single family development, this will be significant open space in the area.

    2. Open space such as this will allow more active recreation versus passive uses. Youngerchildren will be able to run, kick a soccer ball or play catch with a baseball under thewatchful eyes of parents. Families will certainly be attracted to such a community.

    3. Open space such as this will provide relief for the residents of this complex adding to thelower density nature of this quality townhouse development.

    4. Open space will allow better views and additional sunlight into the rooms and yards ofadjacent homes.

    Additional reasons for the removal of the amenity building are as follows:

    1. The feedback we have received from purchasers of past projects is that the usage of theamenity building is extremely low and they would rather avoid the higher strata feesresulting from having an amenity building.

    2. In our experience amenity buildings only make sense where the development is large(greater than 150 units) and the size of the amenity building is such that it provides a full

    array of recreation choices and upscale furnishings. Residents will only utilize amenitybuildings in those situations where the amenity building offers feature such as health clubs, pool, sauna, steam, indoor play court, concierge services, amenity staff etc. Thedevelopment must be of a large scale to ensure the viability of both the initial capital costsand the ensuing operating costs of such a facility. The size of our development does notjustify the provision of such an amenity building.

    3. It does not make sense to construct an underutilized on-site amenity building when thislocation is within walking distance of superior amenities in the Murrayville area which areunderutilized.

    4. An amenity building in this size of development does not allow for the hiring of amenity staffresulting in a significant burden upon volunteer strata council members who must overseethe operation of the amenity building. Issues such as administration of keys, repair and

    upkeep, theft of equipment, and damage are difficult to manage. It is difficult to have allresidents take a high level of responsibility for the care and maintenance of an amenitybuilding. The assessment of who is responsible for any damage lends itself to internaldiscord.

    5. All of the units in this development are over 2,000 square feet, which is more comparable tothat of single family homes rather than many of the higher density townhouse developments.With units of this size there is limited demand for additional indoor amenity areas as theunits themselves provide ample space for the provision of resident needs.

    6. Marketing staff feedback is that the vast majority of purchasers are very happy when theydiscover there is no amenity building and the associated costs and responsibility.

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 9

    Revised Proposal:The proponent has amended his plans to include additional landscape works on the formeramenity building site. Revised plans have been submitted by the projects landscape architect,and are attached as Schedules to Development Permit No. 100564 (see Attachment C to thisreport). The layout of the landscaped amenity area near the south entrance to the development

    has been revised by reorganizing the play area (shifting it to the south) to allow better access byusers to the sod lawn area. A pedestrian entrance to the amenity area has been added on itssouth edge, highlighted by an architectural trellis. Seating areas have been rearranged andseveral additional spring toys incorporated. The proposed revisions have been reviewed andaccepted by the Manager of Parks Design and Development.

    Other Considerations:In addition to the above, the proponent has volunteered to provide one year family passes to theW.C. Blair Recreation Centre to each townhouse purchaser. As the Blair Centre is withinwalking distance of the site, the intent is to introduce purchasers to its facilities and programs(as apposed to construction of the on-site amenity building).

    Policy Considerations:The proposed deletion of the amenity building from the development requires Councils approvalas the amenity building was included in the previously approved Development Permit. Theproposal, in staffs opinion, continues to comply with the Development Permit Guidelines of theMurrayville Community Plan (see Attachment A) and with the requirements of the Zoning Bylaw.The subject property is designated as a mandatory Development Permit area to allow Councilthe opportunity to review the form, character and siting of development. The amenity buildingwas considered to be a component of the developments form and character.

    Before registering a phased strata plan, the applicant must first obtain the approval of theTownships Approving Officer (on Form P Phased Strata Plan Declaration under the StrataProperty Regulation) concerning the phasing of the development and provision of common

    facilities. In this case, the proposed deletion of the common amenity building must be approvedby Council (through approval of the subject Development Permit application) before theApproving Officer is able to sign Form P.

    Staff recommends that DP100564 be issued subject to three (3) conditions, plus acceptance ofthe proponents offer to provide one year family passes to the W.C. Blair Recreation Centre toeach townhouse purchaser. Staff have notified adjacent property owners that this DevelopmentPermit application is being considered at its next meeting, and they may attend and speak to thematter should they deem necessary. They have also been provided with a copy of this report.

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 10

    Councils consideration of the Development Permit request must be based on the form,character and siting of the proposal. If Council concurs, staff recommends that theDevelopment Permit be issued as attached.

    Respectfully submitted,

    Robert KnallSENIOR DEVELOPMENT PLANNERforCOMMUNITY DEVELOPMENT DIVISION

    RK/JG

    ATTACHMENT A Murrayville Community Plan Development Permit GuidelinesATTACHMENT B Excerpts from existing Development Permit No.100497:

    Schedule B Site PlanSchedule K Amenity Building ElevationsSchedule L Amenity Building Floor Plan

    ATTACHMENT C Development Permit No.100564:SCHEDULE A Landscape Plan - former Amenity Building areaSCHEDULE B Plant ListSCHEDULE C Trellis Details at former Amenity Building area

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    Development Permit Application No. 100564(Platinum Group Enterprises Ltd.)Page 11

    ATTACHMENT A

    EXCERPT FROM MURRAYVILLE COMMUNITY PLAN:

    3.4 Residential Development Permit Area

    Multi Family and adjacent Institutional areas are designated as development permit areas

    under Section 945(4)(e) of the Municipal Act to establish objectives and provide

    guidelines for the form and character of development. These areas are shown as

    Development Permit Area A on Map 3.

    The objective of the development permit area designation is to ensure safe and attractive

    multiple family neighbourhoods and to reduce conflicts with adjacent uses. The

    development permit guidelines for this area are:

    (a) Development should be designed to integrate with and be compatible with adjacent

    development with respect to siting of buildings, exterior finish and design. Pitched

    roofs shall be encouraged.

    (b) Buildings should be designed and sited so that sun penetration to roads and

    adjacent properties is maximized.

    (c) Landscaping shall be required to enhance the appearance of the development.

    Careful consideration shall be given to retaining as many of the existing trees as

    possible. Buildings and parking, loading and storage areas should be screened

    from adjacent roads and single family residential development. Garbage

    receptacles and other service areas should be screened. A landscaping plan shall

    be submitted as part of a development permit application.

    (d) Building materials, design and massing shall support the creation of an attractive

    residential environment. The use of "untreated" concrete or "unfinished" metal or

    aluminum as a final building finish shall not be permitted.

    (e) Signs should be designed so that they are compatible with buildings.

    (f) Walkways should be developed to ensure convenient access to and from adjacent

    commercial and institutional uses. For security, walkways should be lighted and

    allow overview from adjacent dwellings.

    (g) Ravine and creek areas shall be treated under the provisions of Development

    Permit Area F, Section 3.11.

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    S

    CHEDULEB

    SITEPLAN

    PROPOSED

    AMENITY

    BUILDING

    Attachment B

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    S

    CHEDULEK

    AMENITYB

    UILDINGE

    LEVA

    TIONS

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    S

    CHEDULEL

    AMENITYB

    UILDINGF

    LOOR

    PLAN

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    ATTACHMENT C

    THE CORPORATION OF THE TOWNSHIP OF LANGLEY

    Development Permit No. 100564

    This Permit is issued this _______ day of ____________, 2009 to:

    1. NAME: Platinum Group Enterprises Ltd.

    ADDRESS: 201, 12837 76 AvenueSurrey BC V3W 2V3

    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 B Section 6 Township 11New Westminster District Plan BCP29975

    (hereinafter called the said lands)

    CIVIC ADDRESS: 22225 50 Avenue

    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) Deletion of the Amenity Building shown on Schedules B, K, L, P, R, and S ofDevelopment Permit No. 100497;

    b) Landscaping plans in vicinity of the previously planned amenity building being insubstantial compliance with attached Schedules A, B and C, to the acceptance ofthe Manager of Parks Design and Development;

    c) Landscaping to be secured by letter of credit at the building permit stage;

    4. 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.

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    Development Permit No. 100564(Platinum Group Enterprises Ltd.)Page 2

    This Permit shall enure to the benefit of and be binding upon the parties hereto and their respectiveheirs, executors, administrators, successors and assigns.

    AUTHORIZING RESOLUTION PASSED BY COUNCIL THIS ____ DAY OF __________, 2009.

    SCHEDULE A Landscape Plan (Amenity Area around previously plannedAmenity Building)

    SCHEDULE B Plant ListSCHEDULE C Amenity Area Trellis Detail

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    S

    CHEDULEA

    L

    ANDSCAPE

    PLA

    N

    (AMENITYAR

    EAAROUND

    PREVIOUSLY

    PL

    ANNED

    AMENIT

    YBUILDING)

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    S

    CHEDULEB

    PLANTLIST

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    S

    CHEDULE

    C

    AMENITYAREA

    TRELLISD

    ETAIL