doc 9_reg_vo tran_rezoning application 100304 development permit 100532

8/14/2019 Doc 9_Reg_Vo Tran_Rezoning Application 100304 Development Permit 100532

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f:\data\council\2009 agenda\07_20\regular council agenda\bylaws\4657.doc

THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (VO / TRAN) BYLAW 2008 NO. 4657

EXPLANATORY NOTE

Bylaw No. 4657 rezones a 0.2 ha (0.5 acre) parcel located at 7211 202A Street toResidential Compact Lot Zone R-CL to accommodate a single family subdivision ofapproximately 4 lots.


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TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (VO / TRAN) BYLAW 2008 NO. 4657

WHEREAS it is deemed necessary and desirable to amend Township of Langley ZoningBylaw 1987 No. 2500 as amended;

NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, inOpen Meeting Assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as Township of Langley Zoning Bylaw 1987No. 2500 Amendment (Vo / Tran) Bylaw 2008 No. 4657.

2. The Township of Langley Zoning Bylaw 1987 No. 2500 as amended is furtheramended by rezoning the lands described as :

Parcel B (H60245E) Lot 6 Section 23 Township 8 New Westminster DistrictPlan 1257

as shown delineated on Schedule A attached to and forming part of this Bylaw toResidential Compact Lot Zone R-CL.

READ A FIRST TIME the 21 day of April , 2008

READ A SECOND TIME the 21 day of April , 2008

PUBLIC HEARING HELD the 12 day of May , 2008

READ A THIRD TIME the 26 day of May , 2008RECONSIDERED AND ADOPTEDthe

day of , 2008

Mayor Township Clerk


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Bylaw No. 4657Page 2



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F:\data\council\2008 Agenda\04-21\Regular Agenda\E.2_cd Rezoning Application 100304 Development Permit 100532 Vo Tran.doc

REPORT TO

MAYOR AND COUNCIL

PRESENTED: APRIL 21, 2008 - REGULAR MEETING REPORT: 08-73FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 08-23-0106SUBJECT: REZONING APPLICATION NO. 100304

DEVELOPMENT PERMIT NO. 100532(VO / TRAN)

PROPOSAL:

Rezone a 0.2 ha (0.5 acre) parcel located at7211 202A Street to Residential Compact

Lot Zone R-CL to accommodate a singlefamily subdivision of approximately 4 lots.

RECOMMENDATION SUMMARY:

Approval by Council with eight (8) conditionsand issuance of the Development Permit (withone (1) condition) at time of final reading.

RATIONALE:

The proposal complies with the SouthwestGordon Estate Neighbourhood Plan and

Willoughby Community Plan.


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REZONING APPLICATION NO. 100304DEVELOPMENT PERMIT NO. 100532(VO / TRAN)Page 2 . . .


RECOMMENDATION:

That Council give first and second reading to Bylaw No. 4657 rezoning 0.2 ha (0.5 acres) of

land located at 7211 202A Street to facilitate a single family subdivision of approximately 4lots;

That Council authorize, at the time of final reading of Bylaw No. 4657, the issuance ofDevelopment Permit No. 100532 for the proposed single family development; and further

That Council authorize staff to schedule the required public hearing in conjunction withDevelopment Permit No. 100532.

EXECUTIVE SUMMARY:

HY Engineering Ltd. has applied (on behalf of the property owners) to rezone a 0.2 ha (0.5 acre)parcel located at 7211 202A Street from Suburban Residential Zone SR-2 to Residential

Compact Lot Zone R-CL. The rezoning will facilitate the subdivision of approximately 4 fullyserviced single family lots. A Development permit for the site is being processed in conjunctionwith the rezoning application to ensure that an exterior design control agreement is entered intoat the time of subdivision. The development application fully complies with the WilloughbyCommunity Plan and Southwest Gordon Estate Neighbourhood Plan.

PURPOSE:

This report is to provide information and recommendations concerning Rezoning Bylaw No.4657 proposing a + 4 lot single family development in the Southwest Gordon Estateneighbourhood of Willoughby.


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SUBJECT


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ZONING BYLAW NO. 2500


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Preliminary Subdivision Plan SUBMITTED BY THE APPLICANT


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ADDITIONAL INFORMATION:

REFERENCE:

Owners: Dung Van Vo and Myha Tran10092 141 StreetSurrey BC V3T 4P3

Agent: HY Engineering Ltd.200 9128 152 StreetSurrey BC V3R 4E7

Legal Description: Parcel B (H60245E) Lot 6 Section 23 Township 8New Westminster District Plan 1257

Location: 7211 202A Street

Area: 0.2 ha (0.5 acre)

Existing Zoning: Suburban Residential Zone SR-2

Proposed Zoning: Residential Compact Lot Zone R-CL

Southwest Gordon EstateNeighbourhood Plan:

Residential Bonus Density 2Maximum Permitted Density 37 units per ha(15 units per acre)

E.S.A. Designation: E.S.A.# 061 Willoughby and Willowbrook Area

(Rating - #3)

BACKGROUND:

The subject site is zoned Suburban Residential Zone SR-2 (8049 m2 / 2 acre minimum lot size)and is designated Residential Bonus Density 2 in the Southwest Gordon EstateNeighbourhood Plan (37 units per ha / 15 units per acre maximum with density bonus). Theproposed single family development complies with the Neighbourhood Plan designation.

DISCUSSION/ANALYSIS:

The proponent has applied to rezone a 0.2 ha (0.5 acre) parcel to Residential Compact LotZone R-CL to permit approximately four (4) single family lots, at a proposed density of 20 units /ha (8 units / acre). The R-CL Residential Compact Lot Zone permits residential developmentwith a minimum lot size of 220 m2 (2,268 ft2). Lot sizes in the proposed subdivision, however,will range from 242 to 334 m2 (2,605 to 3,595 ft2).

In support of the rezoning, a preliminary site plan has been submitted indicating a proposedsubdivision design. Included in the development proposal is the dedication of approximately342 m2 (3,681 ft2) of open space (greenway adjacent to 202A Street and 72 Avenue). Access tothe lots will be from a rear lane connecting to the existing lane system to the north and west.


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The subject property is currently used for residential purposes. The existing house will beremoved in conjunction with the redevelopment of the site. Surrounding land uses include:

single family compact lots (zoned R-CL) to the west and north;

202A Street to the east, beyond which is the Willoughby Fire Hall and suburbanresidential properties (currently zoned SR-2) which will be included in the futureextension of the Southwest Gordon Estate Neighbourhood Plan; and

72 Avenue to the south, beyond which are single family compact lots (zoned R-CL) anda 1.0 acre parcel (zoned SR-2) which has been acquired by the Township for therealignment of the 202A / 202B intersection.

Density:The Southwest Gordon Estate Neighbourhood Plan designates the site Residential BonusDensity 2. A base density of 15 units per ha (6 units per acre) is permitted by the plan, withhigher densities (up to a maximum of 37 units per ha / 15 units per acre) permitted subject tothe provision of community amenities (environmental features or open space facilities). Thedevelopment proposes to utilize the bonus density provision of the Willoughby Community Planby providing 16.8% of the gross site area to the Township for open space facilities (greenwayadjacent to 202A Street and 72 Avenue). As a result, the proposed density of 20 units per ha (8units per acre) complies with the Neighbourhood Plan.

Development Permit:Lands designated Residential Bonus Density 2 in the Southwest Gordon EstateNeighbourhood Plan are designated as a mandatory Development Permit area in theWilloughby Community Plan. Applicable is Development Permit Area B Residential whichestablishes objectives and guidelines for the form, character and siting of development. Theprimary objective of the development permit area designation is to encourage the developmentof attractive and safe residential areas and reduce conflict with adjacent land uses. Attachment

A of this report details the specific development permit area guidelines outlined in the Plan.

The Development Permit guidelines can be implemented by the issuance of a DevelopmentPermit (Attachment B) requiring the proponent to enter into an exterior design controlagreement at the time of subdivision. The exterior design control agreement typically addressesthe form, character, and siting of individual homes constructed in a development.

Greenways:As part of the project, the applicant will develop a 342 m2 (3,681 ft2) area as greenway(includinga pathway and landscaping) along the 202A Street and 72 Avenue frontages of the site. Detailsof the open space improvements will need to be addressed to the acceptance of the Manager ofParks Design and Development prior to final reading of the rezoning bylaw. Title to the

greenway parcel will be transferred to the Township prior to consideration of final reading of therezoning bylaw. The applicant will be required to secure construction of the greenway as part ofa Servicing Agreement prior to consideration of final reading of the rezoning bylaw.

Parks and Recreation:The subject site is located two blocks north of RC Garnett elementary school and the adjacentneighbourhood park (70A Avenue and 201 Street).


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Tree Protection:The arborist report and tree survey submitted by the proponent in support of the developmentidentifies 26 significant trees on the site, 5 of which are proposed to be retained (all within the

greenway adjacent to 72 Avenue). Staff note that 10 of the trees to be removed are locatedwithin the area being dedicated for widening of 202A Street and 72 Avenue adjacent to the site.Street trees will also be installed along the two road frontages (within the greenway landscapingareas). In accordance with the Townships Tree Protection Bylaw no replacement trees arerequired. Following development of the site, a total of 9 trees (including 5 retained trees in thegreenway area and 4 street trees) will be in place. Final tree retention, protection andreplacement plans in accordance with the Townships Tree Protection Bylaw are subject to finalacceptance by the Manager of Parks Design and Development prior to issuance of the buildingpermit.

Servicing:The development site will be required to connect to full municipal services. The applicant will be

required to enter into a Servicing Agreement with the Township (prior to consideration of finalreading) to secure extensions of sanitary and storm sewer and water service to the site,upgrading of 202A Street and 72 Avenue and to the site, and greenway construction. AStormwater management plan will also be provided. Road widening dedication (4.0 metres on202A Street and 4.4 metres on 72 Avenue) will also be provided prior to consideration of finalreading of the rezoning bylaw. Access from individual lots to the adjacent arterial roads (202AStreet and 72 Avenue) will be restricted through registration of a covenant at the time ofsubdivision approval.

Preparation and implementation of a site-specific erosion and sediment control plan inaccordance with the Erosion and Sediment Control Bylaw 4381 to the acceptance of theGeneral Manager of Engineering will be required as part of the Servicing Agreement to deal with

changes to the on-site drainage resulting from the proposed development.

Transit:Transit service is available on 200 Street approximately two blocks west of the site.

Environmental Considerations:The Townships Environmentally Sensitive Areas (E.S.A.) Study identifies the site as formingpart of the Willoughby and Willowbrook area. Provision of full urban services along with astormwater management plan and sediment control measures, as well as compliance with theTree Protection Bylaw, satisfies the management guidelines identified in the TownshipsEnvironmentally Sensitive Areas Study.

School and Park Sites:The Southwest Gordon Estate Neighbourhood Plan requires that, prior to consideration of finalreading of a rezoning bylaw:

a) an elementary school site must be secured in a location acceptable to the SchoolDistrict, that is capable of accommodating the elementary school population that wouldbe generated by that development and other development in the area approved byCouncil; and

b) a neighbourhood park site acceptable to the Township adjacent to the elementary schoolsite must be secured by the Township.


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Two school / park sites required for the Southwest Gordon Estate neighbourhood have beenacquired (an additional 4.46 acre park site adjacent to the Langley Fundamental School site,and the 10 acre RC Garnett Elementary School / neighbourhood park). Another vacant school/park site already exists on 206 Street to the southeast. Township staff are reviewing the need

for other elementary school and park sites required to serve the full development potential of thesouth Willoughby neighbourhoods, and will continue efforts to acquire suitable sites if required.

Students from the proposed development will be accommodated at RC Garnett Elementary andMountain Secondary schools.

Subdivision:A preliminary subdivision layout has been submitted in support of the rezoning. It proposes thecreation of four single family residential lots, accessed via a rear lane system (extended fromthe adjacent subdivisions to the north and west). Subdivision details will be addressed at thetime of subdivision pursuant to the Subdivision and Development Control Bylaw and Policy.

Development Prerequisites:Prior to final reading of the rezoning bylaw, the following items must be finalized:

1. Provision of road dedications (4.0 metres on 202A Street and 4.4 metres on 72 Avenue)in accordance with Schedule P-1 of the Townships Subdivision and DevelopmentControl Bylaw (Policy Section) as amended to reflect this requirement.

2. Applicant entering into a Servicing Agreement with the Township to secure required roadand utility upgrades and extensions to the acceptance of the Director of Engineering andgreenway construction to the acceptance of the Manager of Parks Design andDevelopment.

3. Compliance with Subdivision and Development Control Bylaw (Tree Protection) No.4470, including provision of a final tree management plan incorporating tree retention,

replacement and protection details, to the acceptance of the Manager of Parks Designand Development.

4. Registration of restrictive covenants acceptable to the Township prohibiting on-streetparking on 202A Street and 72 Avenue adjacent to the development site, and securingan exterior design control agreement for implementation at the time of subdivision.

5. Resolution of subdivision design details to the acceptance of the Approving Officer.6. Payment of applicable Neighbourhood Plan Administration fees and remaining Rezoning

fees.7. Completion of landscaping plans (including greenway along 202A Street and 72 Avenue)

to the acceptance of the Manager of Parks Design and Development.8. Transfer of the title to the greenway parcel adjacent to 202A Street and 72 Avenue to the

Township.


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Policy Considerations:

The proposed development is located in an area designated for residential purposes in theWilloughby Community Plan and the Southwest Gordon Estate Neighbourhood Plan. The

Residential Bonus Density 2 land use designation of the latter allows for a base density of 17.2units/ha (7 units/ acre). The proposed development complies with the provisions of the Plan. ADevelopment Permit is also being considered requiring the proponent to secure an exteriordesign control agreement at the time of subdivision. Staff recommend approval of the rezoningand accompanying Development Permit (to be issued at the time of final reading of the rezoningbylaw) as the proposed development complies with the policies of the Southwest Gordon EstateNeighbourhood Plan and is consistent with adjacent developments.

Respectfully submitted,

Robert Knall

SENIOR DEVELOPMENT PLANNERforCOMMUNITY DEVELOPMENT DIVISION

RK

ATTACHMENT A Willoughby Community Plan Development Permit GuidelinesATTACHMENT B Development Permit No.100532 text


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ATTACHMENT A

EXCERPT FROM WILLOUGHBY COMMUNITY PLAN:

4.1.2 Development Permit Area B Residential

Lands identified as Residential on Map 4, Development Permit Areas are hereby designatedas development permit areas under Section 919.1(1)(e) and (f) of the Local Government Act toestablish objectives and provide guidelines for the form and character of intensive and multifamily residential development.The objective of this development permit area designation is to encourage development ofattractive and safe multi family areas.Unless the owner first obtains a development permit, land within this development permit areashall not be subdivided, and construction of, addition to or alteration of a multi family dwelling(including a townhouse, rowhouse, apartment, duplex, triplex or fourplex) must not be started.

Development permit guidelines are as follows:

4.1.2.1 General

The following general guidelines apply to all development within Development Permit Area B.

4.1.2.2 Single Family Development

Generalo Single family developments shall enter into an Exterior Design Control Agreement (to be

registered on title as a restrictive covenant) prior to final subdivision approval and to theacceptance of the Township. The agreement shall incorporate the following singlefamily development permit guidelines.

Architectural Details

o No residential units shall back onto a public road or street greenway other than 212Street between 76 and 80 Avenues.

o All building elevations visible from public land (i.e. parks, roads, greenways anddetention pond sites) shall provide architectural detailing to be consistent with the frontof the building.

Parking and Traffic/Pedestrian Circulation

o Where single-family lots abut an arterial road or a street greenway vehicular access andparking shall be provided via a rear lane or any other vehicular access from the rear ofthe property while retaining the front pedestrian access of the building facing the street.

Landscaping

o Fences adjacent to a street greenway shall not exceed 122 cm (48 inches) in height.These fences shall be designed to complement the building and be an open picket fencedesign. Fences must permit observation of the public realm and incorporatelandscaping to soften their appearance from the road.

Building Form

o Pitched roofs are required. Pitched roofs shall have architectural grade roof material,including ridge caps and shadow lines.

458604/02/08


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ATTACHMENT B


Development Permit No. 100532

This Permit is issued this __________day of _________________, 2008 to:

1. NAME & ADDRESS: Dung Van Vo and Myha Tran10092 141 StreetSurrey, BC V3T 4P3

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: Parcel B (H60245E) Lot 6 Section 23 Township 8New Westminster District Plan 1257

PID: 012-058-173

CIVIC ADDRESS: 7211 202A Street

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) an exterior design control agreement shall be entered into for all Residential zoned landsensuring that building design and site development standards are high quality, consistentand compatible with other lots and development.

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 Development Permit shall be substantially commencedwithin 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 andshall 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 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 ________, 2008.

doc 9_reg_vo tran_rezoning application 100304 development permit 100532

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