DEVELOPMENT PERMIT N WITH VARAINCES

Transcription

1 Page 1 of 6 DEVELOPMENT PERMIT N WITH VARAINCES 1. This is issued to: BC LTD (INC. NO. BC A STREET SURREY, BC V4N 2Y7 as the owner (the "Permittee" and shall apply only to that certain parcel or tract of land within the City of Abbotsford (the ''City" described below, and any and all buildings, structures, and other development thereon: P.I.D.: Lot 8 Section 20 Township 16 New Westminster District Plan P.I.D.: Lot 7 Section 20 Township 16 New Westminster District Plan P.I.D.: Lot 6 Section 20 Township 16 New Westminster District Plan P.I.D.: Lot 5 Section 20 Township 16 New Westminster District Plan (together the "Lands" 2. This Development Permit 1881 with Variances ("DP" is issued pursuant to the Local Government Act and the applicable bylaws of the City and is issued subject to compliance with all of the bylaws of the City, except as specifically varied or supplemented by this Permit. Development Variances 3. Abbotsford Zoning Bylaw, 2014 is varied as follows: 3.1 Section Table 1 - Reduce the front lot line setback from 1.0 m to 0.0 m for the underground parkade. 3.2 Section Table 1 - Reduce the rear lot line setback for surface parking from 1.5m to approximately 1.2m; 3.3 Section b.1. - Increase the permitted projection of the western most extension of second floor balcony from 1.2 m to approximately 1.4 minto the rear lot line setback (-2.6 m away from the property line. 3.4 Section b.1. - Increase the permitted projection of the second floor landscaped balcony from 1.2 m to 2.0 m into the front line setback (0.0 m away from the property line. L:\012\ \Development Permit No REVISED NEW ZB + RMU ZONE.docx

2 Page 2 of Section c. - Reduce the rear lot line setback for an accessory structure from 4.0 m to approximately 0.45 m for the two external stair structures. 3.6 Section b. - Reduce the north interior lot line setback for an accessory structure from 2.0 m to approximately 0.30 m for the northern external stair structure; 3.7 Section b. - Reduce the north interior lot line setback for an accessory structure from 2.0 m to approximately 0.30 m for the garbage and recycling structure; Development Permit 4. The following DP terms and conditions shall apply to the Lands: Fees and Securities 4.1 Buildings, structures and off-street parking shall be sited, developed and constructed in substantial conformance with the attached Schedules "A" to "M"; 4.2 Landscaping shall be established in conformance with Schedules "M" to "P" (the "Landscape Measures"; 4.3 Erosion and Sediment Control (ESC shall be installed, monitored, and inspected in conformance with the Erosion and Sediment Control Bylaw. 4.4 Tree removal and tree protective fencing shall be undertaken in accordance with the Arborist Report dated November 14, 2012, 2013 prepared by Diamond Head Consulting Ltd. attached as Schedule "Q" and the Tree Protection Bylaw, 2010, Schedule "B". 4.5 Site grading 'shall comply with the lot grading provisions of the Development Bylaw, 2011, and shall take place where prior to commencement: 4.6 ESC measures are installed in accordance with the ESC Bylaw; and 4. 7 A Soils Removal Permit is required for the removal of or deposit of any material from the site. To arrange for an application, please contact the Soil Permit Coordinator in Engineering Services at ( In accordance with the Development Application Procedures Bylaw, 2016, and for the due and proper completion of the Landscape Measures as set forth in Section 4 of this Permit, the Permittee shall deposit and maintain with the City security in the form of an irrevocable, auto-renewing letter of credit in the sum of $TBC, or provide cash in the same amount (the "Security", until all the Landscaping Measures are certified as complete by a qualified Landscape Architect. The Security may be reduced proportionately as areas of the Lands are landscaped and certified complete by a qualified Landscape Architect. L:\ \Development Permit No REVISED NEW ZB + RMU ZONE.docx

3 Page 3 of 6 Development Permit No.1881 with Variances 6. In the event that the Landscaping Measures are not completed as provided for in this Permit, the City may, at its option, enter upon the Lands to carry out, and complete the Landscaping Measures, and recover the costs of so doing, including the costs of administration and supervision, from the Security deposited by the Permittee. 7. In accordance with the Development Application and Service Fee Bylaw, 2010, pay to the City, upon execution of this agreement, the sum of $TBC in payment of all landscape inspection and administration costs associated with the Landscape Measures, Permit Limitations 8. The Permittee shall obtain from any purchaser of the Permittee's interest in the Lands, or portion thereof, an agreement to be bound by the terms of this Permit, and until such time as the purchaser agrees to be so bound, all obligations imposed on the Permittee under this Permit shall remain the sole obligations of the Permittee. 9. This Permit does not constitute subdivision approval, a Soil Removal/Deposit Permit, a Building Permit or Sign Permit and does not entitle the Permittee to undertake any work without the necessary approvals or permits. Site work must be in compliance with the Soil Deposit/Removal Bylaw, the Erosion and Sediment Control Bylaw and the Blasting Regulation Bylaw; other works must be constructed in accordance with engineering plans and specifications acceptable to the City's General Manager of Engineering; and buildings and structures can only be altered, changed in occupancy or constructed in accordance with the B.C. Building Code following issuance of a Building Permit. 10. This Permit does not constitute an approval under, or relieve the Permittee from complying with, any and all federal, provincial or municipal statute, regulation or bylaw governing the Permittee's use and development of the Lands. 11. If trees on the Lands are proposed to be felled during the critical bird breeding windows: General: March 1 51 to August 31st; Bald Eagle: January 1st to August ; Osprey: April1 51 to September 14th; Heron: January 16th to September 14 1 h; Other Raptors: March 1st to September 31st; then an appropriately qualified environmental professional (QEP must monitor compliance with all applicable provisions of the: Wildlife Act; Migratory Birds Convention Act, 1994; any other federal or provincial environmental legislation governing the Permittee's use and development of the Lands; the recommendations of the Provincial document, Develop with Care 2014: Environmental Guidelines for Urban and Rural Land Development in British Columbia (2014; and L:\012\ \Development Permit No REVISED NEW ZB + RMU ZONE.docx

4 Issuance I Expiry Page 4 of 6 The recommendations of the Provincial document, Guidelines for Raptor Conservation during Urban and Rural Land Development in BC (2013. The nests of an eagle, peregrine falcon, gyrfalcon, osprey, heron, or burrowing owl are protected under the Wildlife Act, regardless of nest activity (i.e. active or inactive and as such, even if trees are proposed to be felled outside the critical bird breeding window, it is recommended that a QEP undertake an assessment of the trees onsite to ensure that there are no nests of the aforementioned species. 12. This Permit expires if the permit holder does not substantially start any construction within two years from the date of issuance, in accordance with Section 926 of the Local Government Act. 13. AUTHORIZING RESOLUTION PASSED by Abbotsford City Council on the day of, THIS PERMIT IS ISSUED this day of '2016. The Corporate Seal of the CITY OF ABBOTSFORD was hereunto affixed in the presence of: Mayor, Henry Braun Corporate Officer, William Flitton L:\012\ \0evelopment Permit No REVISED NEW ZB + RMU ZONE.docx

5 Page 5 of6 Attachments: Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" Schedule "P" Context Plan and Project Data, Drawing No. A01, prepared by Lubor Trubka Associates Architects, last revision dated January 18, Perspective Views 1, Drawing No. A02, prepared by Lubor Trubka Perspective Views 2, Drawing No. A03, prepared by Lubor Trubka Site I Ground Floor Plan, Drawing No. A04, prepared by Luber Trubka Associates Architects, last revision dated January 18,2016. Parkade Plans - Levels P01 and P02, Drawing No. A05, prepared by Luber Trubka Associates Architects, last revision dated January 18, Second Floor Plan, Drawing No. A06, prepared by Luber Trubka Third and Fifth Floor Plan, Drawing No. A07, prepared by Lubor Fourth and Sixth Floor Plan, Drawing No. A08, prepared by Lubor Roof Plan, Drawing No. A09, prepared by Lubor Trubka Associates Architects, last revision dated January 18, North and. East Elevations, Drawing No. A10, prepared by Lubor South and West Elevation, Drawing No. A 11, prepared by Lubor Sections, Drawing No. A 12, prepared by Lubor Trubka Associates Architects, last revision dated January 18, Materials and Finishes, Drawing No. A 13, prepared by Lubor Trubka Landscape Plan - Ground Floor, Drawing No. L-1, prepared by C. Kavolinas & Associates Inc., March, Landscape Plan - Second Floor, Drawing No. L-2, prepared by C. Kavolinas & Associates Inc., March, Landscape Images, Drawing No. L-3, prepared by C. Kavolinas & Associates Inc., March, L:\D12\D12-058\Development Permit No REVISED NEW ZB + RMU ZONE.docx

6 Page 6 of6 Schedule "Q" Arborist Report, Prepared by Diamond Head Consulting Ltd., dated November 14, L:\D12\D12-058\Development Permit No REVISED NEW ZB + RMU ZONE.docx