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THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (GUO - YIP) BYLAW 2009 NO. 4730

EXPLANATORY NOTE

Bylaw No. 4730 rezones property located at 21022 and 21052 77A Avenue to ResidentialCompact Lot Zone R-CL (A), Residential Compact Lot Zone R-CL (B), Residential CompactLot Zone R-CL (RH), Residential Zone R1-A, and Comprehensive Development Zone CD-52to accommodate the subdivision of approximately fifty six (56) fee simple single family lots,17 rowhouse lots and 19 townhouse units


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TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (GUO - YIP) BYLAW 2009 NO. 4730

A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500

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 (Guo - Yip) Bylaw 2009 No.4730.

2. The Township of Langley Zoning Bylaw 1987 No. 2500 as amended is furtheramended:

a) by adding after Sub-Section 952.10 Development Permit Requirements thefollowing as Sub-Section 952.11 Community Amenity Policy.

Community Amenity Policy

952.11 All developments shall comply with the Townships Greenway Amenity ZoningPolicy and Neighbourhood Park Land Policy.

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

Lot 26 Section 24 Township 8 New Westminster District Plan 1578

Lot 27 Section 24 Township 8 New Westminster District Plan 1578

as shown delineated on Schedule A attached to and forming part of this Bylaw toResidential Compact Lot Zone (R-CL(A)), Residential Compact Lot Zone (R-CL(B)),Residential Compact Lot Zone (R-CL(RH)) Residential Zone R1-A, andComprehensive Development Zone (CD-52).

READ A FIRST TIME the 23 day of March , 2009

READ A SECOND TIME the 23 day of March , 2009

PUBLIC HEARING HELD the day of , 2009

READ A THIRD TIME the day of , 2009

RECONSIDERED AND ADOPTEDthe

day of ,

Mayor Deputy Township Clerk


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Bylaw No. 4730Page 2


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REPORT TO

MAYOR AND COUNCIL

PRESENTED: MARCH 23, 2009 - REGULAR MEETING REPORT: 09-32FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 08-24-0049

SUBJECT: REZONING APPLICATION NO. 100326DEVELOPMENT PERMIT APPLICATION NO. 100570(GUO / YIP)

PROPOSAL:

Application by HY Engineering to rezone 4.03 ha(10.0 acres) of land in the Southeast phase of theYorkson Neighbourhood Plan area to facilitate a

mixed residential development consisting ofapproximately 56 single family lots, 17 rowhouselots and 19 townhouse units.

RECOMMENDATION SUMMARY:

That Council give first and second reading toBylaw No. 4730, subject to completion oftwelve(12) development prerequisites andissuance of Development Permit No.100570(with two (2) conditions) prior to final reading.

RATIONALE:

The proposal complies with the WilloughbyCommunity Plan and the YorksonNeighbourhood Plan.


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REZONING APPLICATION NO. 100326DEVELOPMENT PERMIT NO. 100570(GUO / YIP)

Page 2 . . .

RECOMMENDATIONS:

That Council give first and second reading to Bylaw No. 4730 rezoning 4.03 ha (10.0 acres) of

land, located in the Southeast Phase of the Yorkson Neighbourhood Plan to ResidentialCompact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)), Residential Zone R-1A andComprehensive Development Zone (CD-52) to accommodate a mixed residential developmentconsisting of approximately 56 single family lots,17 rowhouse lots and 19 townhouses, subjectto the following development prerequisites being satisfied prior to final reading:

1. In accordance with Yorkson Neighbourhood Plan requirements:a) Provide an overall layout plan for the Southeast Yorkson Phase including roads,

greenways, environmental setbacks and land use to the acceptance of the Director ofCommunity Development;

b) Secure to the acceptance of Township a five (5) acre neighbourhood park site to servethe catchment area;

c) Secure to the acceptance of the School District No. 35 a five (5) acre elementary schoolsite to serve the catchment area; and

d) Provide an overall stormwater detention plan for the Southeast Yorkson Phase andtransfer to the Township an adequately sized community stormwater detention pond toservice the Southeast Yorkson Phase to the acceptance of the General Manager ofEngineering;

2. Completion of a Development Works Agreement (if required) securing off-site servicing tothe Southeast Phase (as required by the Yorkson Neighbourhood Plan) to the acceptance ofthe Director of Community Development;

3. Completion of a Servicing Agreement with the Township securing required road and utilityupgrades and extensions in accordance with the Townships Subdivision and DevelopmentControl Bylaw, and Yorkson Engineering Services Plan, to the acceptance of the GeneralManager of Engineering, and completion of an erosion and sediment control plan inaccordance with the Erosion and Sediment Control Bylaw to the acceptance of the GeneralManager of Engineering, and greenway construction details to the acceptance of theManager of Parks Design and Development;

4. Provision of road dedications, widenings, and necessary traffic improvements to theacceptance of the General Manager of Engineering including securing an ultimate 76Avenue road width of 22.0 metres, and an additional 1.0 metre dedication for 77A Avenue inaccordance with the Townships Subdivision and Development Control Bylaw No. 3650 andthe Yorkson Neighbourhood Plan;

5. Provision of a 15.0 metre ecological greenway (average width) dedication and constructionalong the southern half of the western boundary of Lot 26 and a 4.5 metre street greenway

dedication on the south side of 76 Avenue, to the acceptance of the Manager of ParksDesign and Development, including final acceptance of greenway design plans,sidewalk/trail alignment, fence and landscaping details;

6. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policyincluding payment of applicable greenway amenity fee;

7. Compliance with the 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 Design andDevelopment;


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Page 3 . . .

8. Compliance with the requirements of the Streamside Protection Bylaw and the Departmentof Fisheries and Oceans (DFO) with respect to:a) Completion of an overall environmental protection/compensation plan for the Southeast

Phase of Yorkson to the acceptance of the DFO;

b) Dedication of environmental compensation areas to the Township for conservationpurposes in accordance with the Yorkson Neighbourhood Plan and the required overallenvironmental protection/compensation plan;

c) Registration of non-disturbance restrictive covenants (where required);d) A Section 35 (HAAD) authorization being obtained (where required);

9. Registration of restrictive covenants acceptable to the Township:a) Prohibiting construction on proposed Lots 21, 22 and 58 until such time as 211 Street,

including all associated utilities, is constructed between 76 Avenue to the South and77A Avenue to the north;

b) Restricting number of townhouse units to a maximum of 19 in the ComprehensiveDevelopment Zone (CD-52);

c) Requiring that no vegetation be removed or disturbed on the townhouse site (exceptwhere necessary for installation of utilities, roads, municipal trails and fisheries works)until a Development Permit is issued outlining tree retention, protection andreplacement details; and

d) Restricting development of any rowhouse lot until a Development Permit is issued for allthe rowhouse lots;

10. Compliance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan, requiring that aminimum of 5% of the units in a development incorporate flex and universal housing;

11. Completion of an as-found report for 21022 77A Avenue (Ernest Ibbotson House) to thesatisfaction of the Heritage Planner; and

12. Payment of applicable Neighbourhood Planning Administration fees, supplemental

Rezoning and Development Permit fees, Site Servicing Review fee, ISDC review fee, andcompliance with the Townships 5% Neighbourhood Park Land Acquisition Policy.

That Council at the time of final reading of Bylaw No. 4730 authorize the issuance ofDevelopment Permit No. 100570 for the proposed single family portions of the developmentsubject to the following conditions:

a) An exterior design control agreement shall be entered into ensuring that building designand site development standards are high quality, consistent and compatible with otherlots and development in accordance with Section 4.2.1 of the Yorkson NeighbourhoodPlan;

b) In order to accommodate tree retention the required front and rear yard setbacks on lots

41, 42, 43, 63 and 64 are modified as follows:i) For Lots 41 and 43 front yard setbacks are reduced to 2.0 m and rear yard setbacksare increased to 6.5 m

ii) For Lot 42 front yard setback is reduced to 1.5 m and rear yard setback is increasedto 7.8 m

iii) For Lots 63 and 64 front yard setbacks are increased to 3.0 m and rear yardsetbacks are reduced to 5.5 m; and further

That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No.4730 in conjunction with the hearing for proposed Development Permit No. 100570.


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Page 4 . . .

EXECUTIVE SUMMARY:

HY Engineering proposes to rezone approximately 4.03 ha (10.0 acres) of land in the SoutheastPhase of the Yorkson Neighbourhood Plan area to Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)), Residential Zone R-1A and Comprehensive Development Zone (CD-52).The rezoning will facilitate a mixed residential development consisting of approximately 56single family lots, 17 rowhouse lots and 19 townhouses. Prior to any application being approvedin the Southeast Phase of Yorkson an overall layout plan, elementary school andneighbourhood park sites, a community stormwater detention pond site and municipal trunkservices must first be provided. A Development Permit for the site is being processed inconjunction with the rezoning application to secure an exterior design control agreement for thesingle family lots at the time of subdivision. A future Development Permit (yet to be applied for)will provide Council with the opportunity to review the form, character and siting on therowhouse and townhouse sites. The development application complies with the WilloughbyCommunity Plan and the Yorkson Neighbourhood Plan. Final reading of the rezoning bylaw iscontingent upon completion of the twelve (12) development prerequisites outlined in this report.

PURPOSE:

This report is to advise and make recommendations with respect to Rezoning Bylaw No. 4730and Development Permit No. 100570 in the Yorkson Neighbourhood of Willoughby.


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Page 5 . . .

ZONING BYLAW NO. 2500

SSuubbjjeeccttss


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Page 6 . . .

YORKSON PLAN

SUBJECT


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Page 7 . . .

PRELIMINARY SUBDIVISION PLAN


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Page 8 . . .

ADDITIONAL INFORMATION:

Reference:

Owner : Guo Dihua21022 - 77A AvenueLangley BC V2Y 2E6

Yip Jay Fong21052 - 77A AvenueLangley BC V2Y 2E6

Agent: HY Engineering200 - 9128 152 StreetSurrey, BC V3R 4E7

Legal Description: Lots 26 and 27 both of Section 24 Township 8New Westminster District Plan 1578

PIDS: 012-244-821 & 003-672-875

Location: 21022 and 21052- 77A Avenue

Area: 4.03 hectares (10.0 acres)

Existing Zoning: Suburban Residential Zone SR-2

Proposed Zoning: Residential Compact Lot Zones (R-CL(A),R-CL(B), R-CL(RH)), Residential Zone R-1A,

and Comprehensive Development Zone (CD-52)

Willoughby Community Plan Mixed Residential

Yorkson Neighbourhood Plan: Mixed Residential permitting 8-10 units peracre

E.S.A Designation: North Half:061 Willoughby and Willowbrook Area(Rating 3)

South Half:062 Tara Farms(Rating 1)


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Page 9 . . .

BACKGROUND:

The subject site is currently zoned Suburban Residential Zone SR-2 (8094m2 / 2 acre minimumlot size) and is designated Mixed Residential (8-10 units/acre) in the Southeast Phase of theYorkson Neighbourhood Plan. The Yorkson Plan sets out a number of requirements that mustbe addressed before opening a development phase. There have been several previousapplications in the Southeast Phase that are likely to achieve final reading before thisapplication completes, thereby satisfying these plan requirements. However, if these existingapplications do not proceed, the applicant will be responsible for satisfying these conditionsprior to final adoption of the rezoning bylaw.

DISCUSSION/ANALYSIS:

The proponent has applied to rezone 4.03 ha (10.0 acres) of land located in the SoutheastPhase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A),RCL(B), R-CL(RH), Residential Zone R-1A, and Comprehensive Development (CD-52) to

accommodate a mixed residential development consisting of approximately 56 single family lots17 rowhouses and 19 townhouse units. Included in the development proposal is the dedicationof approximately 3,196m2 (34,402ft2) of greenways and environmental areas.

Surrounding land uses include:

North: 77A Avenue and suburban residential lots zoned SR-2 and designated for MixedResidential, but proposed to be the future location of the neighbourhood park;

South: Tara Farms property in the ALR but the subject of a special study area in theNorth East Gordon Estates Neighbourhood Plan

East: suburban residential lots zoned Suburban Residential Zone SR-2 and designatedfor Mixed Residential in the Yorkson Neighbourhood Plan); and

West: suburban residential lots zoned Suburban Residential Zone SR-2 and designated

for Townhouses in the Yorkson Neighbourhood Plan);

Density:

The Yorkson Neighbourhood Plan designates the site as Mixed Residential. The plan permitsa minimum 20 units/ha (8 units/acre) and a maximum of 25 units/ha (10 units/acre) for theMixed Residential. The current proposal satisfies the density requirements of the YorksonNeighbourhood Plan. The proposal results in an overall density of 10 units per acre.

Flex and Universal Housing:

In accordance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan a minimum of 5% ofthe units in any residential development shall provide either flex or universal housing prior to

final reading. The Yorkson Neighbourhood Plan defines flex and universal housing as follows.

Flex Housing:is an innovative approach to home design, renovation and constructionthat emphasizes accessibility and is engineered to adapt at minimal cost to thechanging needs of occupants over their lifetime. The principles of accessibility,adaptability and affordability are applicable to the design and construction of singlefamily dwellings, duplexes, multi-units, townhouses and even apartments, allowingresidents to covert space as their needs change. The concept includes: The use of health materials including structural elements, flooring choices ,

heating systems and finishes that provide improved indoor air quality andventilation have been incorporated into the house;


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Page 10 . . .

The us of energy efficient Power Smart appliances and lighting, plus a highefficiency forced-air heating system; and

Wheelchair accessibility through widened hallways and doorways, loweredcountertops and placement of light and electrical switches within easy reach.

The house is designed so that it can accommodate a future elevator.

Universal Housing:Universal design are those home design features that make a home safe andcomfortable for everyone, young or old, whether they have a disability or not. Itsmaking a home for all ages. Examples include cabinets with pull-out and kitchencounters at several heights to accommodate different tasks and postures.

Advance Street Plan:

In accordance with the Yorkson Neighbourhood Plan, the initial development in each phasemust provide an overall layout plan for the phase that addresses roads, pedestrian links,greenways, watercourses, environmental compensation areas, land use and housing types. Thelayout plan is to ensure that each phase can develop in an overall comprehensive manner andfunctions as an evolving guide to development. A previous rezoning application has alreadyprovided an advance street plan to staffs acceptance. The proposed development complieswith this accepted plan.

School Sites:

The Yorkson Neighbourhood Plan states that The following general prerequisites must besatisfied prior to the adoption of a rezoning bylaw in any phase:

a. the designated elementary school site indicated for that phase, whether it is located in thatphase or not, must be secured to the acceptance of the School District, subject to Sections

8.2.6 and 8.2.7;

The proposed development falls within the Southeast Phase of the Yorkson Plan. The five acreelementary school site for this phase is located on lands immediately to the north also underapplication (BFW Developments). Prior to final reading the elementary school site must besecured to the acceptance of the School District.

The Yorkson Neighbourhood currently falls within the catchment area of Willoughby ElementarySchool (located on the southwest corner of 208 Street and 80 Avenue). In the short term,elementary students from the proposed development are expected to attend WilloughbyElementary School (which has some capacity available). Yorkson students will attend it untilsufficient numbers are generated to construct additional elementary schools in the Yorkson Plan

area.

Another secondary school site to serve the Willoughby neighbourhoods is yet to be pursued ascapacity exists at Mountain Secondary School. An expansion to Mountain Secondary is in theSchool Districts capital plan. Yorkson secondary school students will be expected to attendMountain Secondary.


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Page 11 . . .

Parks and Recreation:

The Yorkson Neighbourhood Plan states that The following general prerequisites must besatisfied prior to the adoption of a rezoning bylaw in any phase:

b. the designated neighbourhood park site indicated for that phase, whether it is located inthat phase or not, must be secured to the acceptance of the Township

The proposed development falls within the Southeast Phase of the Yorkson Plan. The requiredfive acre park site for this phase is located on lands immediately to the north (BFWDevelopments). Prior to final reading the neighbourhood park site must be secured to theacceptance of the Township.

Playing fields and playground equipment are located approximately 1 kilometre from the subjectsite at the Willoughby Elementary School, and approximately 2 kilometres from the subject siteat the Willoughby neighbourhood park (located at 84 Avenue and 206 Street).

Development Permit:

All of the Yorkson Neighbourhood Plan area is designated as a mandatory Development Permitarea in the Willoughby Community Plan. Applicable is Development Permit Area B Residential which establishes objectives and guidelines for the form, character and siting ofdevelopment. The primary objective of the development permit area designation is to encouragethe development of attractive and safe residential areas and reduce conflict with adjacent landuses. Attachment A of this report details the specific development permit area guidelinesoutlined in the Plan.

For the single family residential lots, the Development Permit guidelines are implemented by a

Development Permit requirement that the proponent enter into an exterior design controlagreement at the time of subdivision. The exterior design control agreement typically addressesthe form, character and siting of individual single family homes constructed in a development.

The Development Permit in this case also varies the front and rear yard setbacks for Lots, 41,42, 43, 63, and 64 in order to facilitate the retention of three (3) significant trees located onthese lots.

For the rowhouses and townhouses, the Development Permit guidelines will be enforcedthrough future Development Permit applications, at which time Council will have an opportunityto review the form, character and siting matters prior to building permits being issued. TheDevelopment Permit typically details the form and character of each development including

siting, access, parking, landscape, Child Friendly Amenity area, tree protection/replacement,building materials, colours, building elevations and other site development items. As a conditionof final reading the proponent must register a restrictive covenant prohibiting development of therowhouse lots until such time as a Development Permit has been issued.


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Page 12 . . .

Heritage:

The Yorkson Neighbourhood Plan review process created an inventory of heritage structureswithin Yorkson. One of the homes on the subject site identified as having heritage value is theErnest Ibbotson house located at 21022 77A Avenue. The Yorkson Plan indicates thatpreservation of the home is encouraged, however, if it must be demolished an as-found reportis to be prepared prior to demolition to the acceptance of the Heritage Planner. The proponenthas elected to remove the home and will be required to submit an as-found report to theacceptance of the Heritage Planner prior to final reading.

Greenways:

As part of the project, the applicant will be required to dedicate and construct a street greenway(including a pathway and landscaping) along 76 Avenue as identified in the YorksonNeighbourhood Plan. Forming part of the overall neighbourhood greenway network, theproponent will be dedicating approximately 139 m2 (1496 ft2) of street greenway. In addition to

the street greenway the applicant is also required to dedicate roughly 1475 m2

(15,880 ft2

) forthe Yorkson Ecological Greenway. Details of the open space improvements (i.e. requiredlandscaping and fencing including the treatment/ construction of the greenways and municipaltrails) will need to be finalized to municipal standards to the acceptance of the Manager of ParksDesign and Development prior to final reading of the rezoning bylaw. As a condition of finalreading the proponent will be required to transfer title of the greenways to the Township andsecure their construction as part of a Servicing Agreement.

The Yorkson Plan previously secured greenways by means of a Bonus Density provision wherean increased density, would be permitted when additional public green space was provided.Instead of bonus density the updated Yorkson Neighbourhood Plan implements an amenitycharge collected on all developments within Yorkson. Prior to final reading details with respect

to payment and/or compensation must be finalized.

Environmental:

The Townships Streamside Protection Bylaw and DFO Section 35 (HAAD) approvalrequirements apply to this development. As part of the updated Yorkson Neighbourhood Planreview a number of watercourse and drainage ditches were identified including a yellow codedwatercourse running across the south western corner of the site. As this watercourse will beimpacted by the construction of 76 Avenue, it will be reconstructed to the north in a 1600 m2

(17,200ft2) environmental compensation area that is to be appended to the EcologicalGreenway corridor. The Township is working with DFO in the preparation of an overallenvironmental protection/compensation plan for the Southeast Phase including thisreconstructed watercourse and compensation area; approval of this plan by DFO is required

prior to final reading.

The Townships Environmentally Sensitive Areas (E.S.A.) Study identifies the north half of thelands as forming part of the Willoughby and Willowbrook area and the south half of the lands asforming part of Tara Farms. As part of the required Servicing Agreement, the applicant will berequired to provide full urban services as well as a stormwater management plan and sedimentcontrol measures. The provision of these items in concert with Department of Fisheries andOceans (DFO) requirements and compliance with the Townships Tree Protection Bylaw satisfythe management guidelines identified in the Townships Environmentally Sensitive Areas Study.


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Page 13 . . .

Tree Protection/ Replacement:

An Integrated Site Design Concept (ISDC) was provided by the applicants consultants (FroggerTree Consultants Ltd., HY Engineering Ltd.) The townhouse site will not be constructed until afuture Development Permit is granted, therefore, tree protection details will be deferred to theDP stage for this lot. A non-disturbance restrictive covenant is to be registered against the titleof proposed Lot 74 to ensure existing trees remain until such time as a DP has been issued forthe townhouse site.

The submitted tree management information for the remainder of the development site indicatesthat 192 significant trees exist on the subject site, of which nine (9) are proposed to be retained.Three of these nine retained trees require front and rear yard setback variances allow for theirretention. In accordance with the Townships Tree Protection Bylaw, a total of 231 replacementtrees are required to be planted. Of these 120 are proposed to be planted on-site and 111 off-site. In addition to the on-site trees approximately 73 street trees (in compliance with theTownships Boulevard Treatment and Street Tree policy) are required. Overall, 304 trees will bein place (an average of 4.16 trees per unit) subsequent to development of the subject site. Finaltree retention, protection, and replacement plans are subject to final acceptance by the Managerof Parks Design and Development.

Transit:

Transit has not yet been extended into the Yorkson Neighbourhood. The road layout of theoverall Yorkson development has, however, been designed to accommodate the provision offuture transit routes in accordance with Translinks operating policy/procedures. Each yearTranslink provides Council with the opportunity to input/comment on transit routes in theTownship. Initially, transit is expected to utilize the 208 Street corridor, three blocks to the west.

Servicing:Servicing of the Yorkson Neighbourhood was reviewed by the Engineering Division as part ofthe recently completed Yorkson Neighbourhood Plan update process. The applicant will, prior tofinal reading, be required to provide full municipal services and enter into a servicing agreementin accordance with the Townships Subdivision and Development Control Bylaw. The servicingagreement will include all municipal road and utility upgrades/extensions and a stormwatermanagement plan including sediment control measures in accordance with the Subdivision andDevelopment Control Bylaw, and the Erosion and Sediment Control Bylaw.

Prior to final reading the required storm water management plan for the Southeast Phase asdelineated on Map 4 of the amended Yorkson Neighbourhood Plan must be provided. Alsorequired will be the transfer to the Township of an adequately sized community stormwater

detention pond to service the Southeast Yorkson Phase, to the acceptance of the GeneralManager of Engineering. If necessary, the proponent may choose to enter into a DevelopmentWorks Agreement (DWA) with the Township (similar to a latecomers agreement) dealing withthe recovery of some front-end servicing costs. Completion of the DWA will be required prior tofinal reading of the rezoning bylaw.

Road dedications, widenings, and necessary traffic improvements including securing anadditional 1.0 metre dedication along 77A Avenue and a up to a 22.0 metre dedication for 76Avenue will also be required in accordance with the Townships Subdivision and DevelopmentControl Bylaw No. 3650 and the Yorkson Neighbourhood Plan, prior to final reading, to theacceptance of the General Manager of Engineering.


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Page 14 . . .

Development Prerequisites:

1. In accordance with Yorkson Neighbourhood Plan requirements:a) Provide an overall layout plan for the Southeast Yorkson Phase including roads,

greenways, environmental setbacks and land use to the acceptance of the Director ofCommunity Development;

b) Secure to the acceptance of Township a five (5) acre neighbourhood park site to servethe catchment area;

c) Secure to the acceptance of the School District No. 35 a five (5) acre elementary schoolsite to serve the catchment area; and

d) Provide an overall stormwater detention plan for the Southeast Yorkson Phase andtransfer to the Township an adequately sized community stormwater detention pond toservice the Southeast Yorkson Phase to the acceptance of the General Manager ofEngineering;

2. Completion of a Development Works Agreement (if required) securing off-site servicing to

the Southeast Phase (as required by the Yorkson Neighbourhood Plan) to the acceptance ofthe Director of Community Development;

3. Completion of a Servicing Agreement with the Township securing required road and utilityupgrades and extensions in accordance with the Townships Subdivision and DevelopmentControl Bylaw, and Yorkson Engineering Services Plan, to the acceptance of the GeneralManager of Engineering, and completion of an erosion and sediment control plan inaccordance with the Erosion and Sediment Control Bylaw to the acceptance of the GeneralManager of Engineering, and greenway construction details to the acceptance of theManager of Parks Design and Development;

4. Provision of road dedications, widenings, and necessary traffic improvements to theacceptance of the General Manager of Engineering including securing an ultimate 76

Avenue road width of 22.0 metres, and an additional 1.0 metre dedication for 77A Avenue inaccordance with the Townships Subdivision and Development Control Bylaw No. 3650 andthe Yorkson Neighbourhood Plan;

5. Provision of a 15.0 metre ecological greenway (average width) dedication and constructionalong the southern half of the western boundary of Lot 26 and a 4.5 metre street greenwaydedication on the south side of 76 Avenue, to the acceptance of the Manager of ParksDesign and Development, including final acceptance of greenway design plans,sidewalk/trail alignment, fence and landscaping details;

6. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policyincluding payment of applicable greenway amenity fee;

7. Compliance with the 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 Design andDevelopment;

8. Compliance with the requirements of the Streamside Protection Bylaw and the Departmentof Fisheries and Oceans (DFO) with respect to:a) Completion of an overall environmental protection/compensation plan for the Southeast

Phase of Yorkson to the acceptance of the DFO;b) Dedication of environmental compensation areas to the Township for conservation

purposes in accordance with the Yorkson Neighbourhood Plan and the required overallenvironmental protection/compensation plan;

c) Registration of non-disturbance restrictive covenants (where required);


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Page 15 . . .

d) A Section 35 (HAAD) authorization being obtained (where required);

9. Registration of restrictive covenants acceptable to the Township:a) prohibiting construction on proposed Lots 21, 22 and 58 until such time as 211 Street,

including all associated utilities, is constructed between 76 Avenue to the South and77A Avenue to the north;

b) restricting number of townhouse units to a maximum of 19 in the ComprehensiveDevelopment Zone (CD-52);

c) requiring that no vegetation be removed or disturbed on the townhouse site (exceptwhere necessary for installation of utilities, roads, municipal trails and fisheries works)until a Development Permit is issued outlining tree retention, protection andreplacement details; and

d) restricting development of any rowhouse lot until a Development Permit is issued for allthe rowhouse lots;

10. Compliance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan, requiring that aminimum of 5% of the units in a development incorporate flex and universal housing;

11. Completion of an as-found report for 21022 77A Avenue (Ernest Ibbotson House) to thesatisfaction of the Heritage Planner; and

12. Payment of applicable Neighbourhood Planning Administration fees, supplementalRezoning and Development Permit fees, Site Servicing Review fee, ISDC review fee, andcompliance with the Townships 5% Neighbourhood Park Land Acquisition Policy.

POLICY CONSIDERATIONS:

The proposed development is located in an area designated for Mixed Residential purposes inboth the Willoughby Community Plan and the updated Yorkson Neighbourhood Plan. Theproposed development complies with the land use and density provisions of these plans, which

allow mixed residential uses, (single family compact lots, rowhouses and townhouses) at adensity between 8 and 10 upa, as well as with the Townships Zoning Bylaw and theSubdivision and Development Control Bylaw and Policy. Accordingly, staff recommend thatCouncil give First and Second Readings to Bylaw No. 4730 (subject to the twelve (12)development prerequisites) and authorize issuance of the accompanying Development PermitNo. 100570 (to be issued at time of final reading of the rezoning bylaw), and authorize staff toschedule the required Public Hearing.

Respectfully submitted,

Mike Newall

DEVELOPMENT PLANNERforCOMMUNITY DEVELOPMENT DIVISION

ATTACHMENT A Development Permit GuidelinesATTACHMENT B Development Permit No. 100570


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ATTACHMENT A

Section 1.01 4.1.2 Development Permit Area B Residential

Lands identified as Residential on Map 4, Development Permit Areas are hereby designated as

development permit areas under Section 919.1(1)(e) and (f) of the Local Government Act to establish

objectives and provide guidelines for the form and character of intensive and multi family residential

development.The objective of this development permit area designation is to encourage development of attractive and

safe multi family areas.

Unless the owner first obtains a development permit, land within this development permit area shall 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:

Section 1.02 4.1.2.1 General

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

Section 1.03 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 the

acceptance of the Township. The agreement shall incorporate the following single family

development permit guidelines.

Architectural Details

o No residential units shall back onto a public road or street greenway other than 212 Street

between 76 and 80 Avenues.

o All building elevations visible from public land (i.e. parks, roads, greenways and detention pond

sites) shall provide architectural detailing to be consistent with the front of the building.

Parking and Traffic/Pedestrian Circulation

o Where single-family lots abut an arterial road or a street greenway vehicular access and parking

shall be provided via a rear lane or any other vehicular access from the rear of the 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 fence design. Fences must

permit observation of the public realm and incorporate landscaping to soften their appearancefrom the road.

Building Form

o Pitched roofs are required. Pitched roofs shall have architectural grade roof material, including

ridge caps and shadow lines.


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ATTACHMENT B


Development Permit No. 100570

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

1. NAME & ADDRESS: Guo Dihua21022 - 77A AvenueLangley BC V2Y 2E6

Yip Jay Fong21052 - 77A AvenueLangley BC V2Y 2E6

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

LEGAL DESCRIPTION: Lot 26 and 27 Both of Section 24 Township 8 New WestminsterDistrict Plan 1578

CIVIC ADDRESS: 21022 and 21052 - 77A 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) an exterior design control agreement shall be entered into ensuring that buildingdesign and site development standards are high quality, consistent andcompatible with other lots and development in accordance with Section 4.2.1 ofthe Yorkson Neighbourhood Plan;

b) in order to accommodate tree retention the required front and rear yard setbacks

on lots 41, 42, 43, 63 and 64 are modified as follows:i) for Lots 41 and 43 front yard setbacks are reduced to 2.0 m and rear yard

setbacks are increased to 6.5 mii) for Lot 42 front yard setback is reduced to 1.5 m and rear yard setback is

increased to 7.8 miii) for Lots 63 and 64 front yard setbacks are increased to 3.0 m and rear

yard setbacks are reduced to 5.5 m

4. 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 aSchedule to this 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 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 developerother than those in this Permit.


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GUO / YIPDevelopment Permit No. 100570Page 2

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.

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