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THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (BAHGA / GSK) BYLAW 2009 NO. 4735

EXPLANATORY NOTE

Bylaw No. 4735 rezones property located at 21132 and 21180- 77A Avenue to ResidentialCompact Lot Zones (R-CL(A), R-CL(B)), Residential Zone R-1A and ComprehensiveDevelopment Zone (CD-76) to accommodate a mixed residential development consisting ofapproximately 56 single family lots and 36 attached strata units.


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TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (BAHGA / GSK) BYLAW 2009 NO. 4735

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 (BAHGA / GSK) Bylaw 2009 No.4735.

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

a) by adding to Section 104.1 Zones, the words Comprehensive DevelopmentZone CD-76, after the words Comprehensive Development Zone CD-75;

b) by adding to Section 110.1 after the words CD-75 the words CD-76 and2000m2;

c) by adding after Section 975 Comprehensive Development Zone CD-75 thefollowing as Section 976 Comprehensive Development Zone CD-76.

976 - COMPREHENSIVE DEVELOPMENT ZONE CD-76

Uses Permitted

976.1 In the CD-76 Zone only the following usesare permitted and all other usesareprohibited:

(1) accessory home occupations subject to Section 104.3(l)

(2) Townhouses

(3) Duplexes

(4) Stacked Townhouses

(5) Manorhomes

Density

976.2 Notwithstanding the minimum lot area requirements, the maximum density in theCD-76 shall not exceed a total of 36 units.

Community Amenity Policy

976.3 All Developments shall comply with the Townships Greenway Amenity ZoningPolicy and Neighbourhood Park Land Policy


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Bylaw No. 4735Page 2

Lot Coverage

976.4 Lot Coverageshall be in accordance with the provisions of the DevelopmentPermit.

Height of Buildings and Structures

976.5 The heightof principal buildingsand structuresshall be in accordance with theprovisions of the Development Permit and shall not exceed three (3) storeys,whichever is lesser.

Siting of Buildings and Structures

976.6 The siting of buildingsand structuresshall be in accordance with the provisions ofthe Development Permit.

Parking and Loading

976.7 Parking shall be provided in accordance with section 107.

Landscaping, Screening and Fencing

976.8 Landscaping areas, landscaping screens and fencing shall be in accordance withthe provisions of a Development Permit.

Development Permit Requirements

976.9 A Development Permit shall be issued by Council prior to issuance of a BuildingPermit.

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

Lot 29 Section 24 Township 8 New Westminster District Plan 1578

Lot 30 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 Zone R1-A and Comprehensive Development Zone (CD-76).

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 , 20

Mayor Deputy Township Clerk


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Bylaw No. 4735Page 3


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REPORT TO

MAYOR AND COUNCIL

PRESENTED: MARCH 23, 2009 - REGULAR MEETING REPORT: 09-33FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 08-24-0043

SUBJECT: REZONING APPLICATION NO. 100278DEVELOPMENT PERMIT APPLICATION NO. 100488(BAHGA / GSK)

PROPOSAL:

Application by HY Engineering to rezone 4.01 ha(9.9 acres) of land in the Southeast phase of theYorkson Neighbourhood Plan area to facilitate a

mixed residential development consisting ofapproximately 56 single family lots and 36attached strata units.

RECOMMENDATION SUMMARY:

That Council give first and second reading toBylaw No. 4735, subject to completion of eleven(11) development prerequisites and issuance ofDevelopment Permit No.100488 (with one (1)condition) prior to final reading.

RATIONALE:

The proposal complies with the WilloughbyCommunity Plan and the Yorkson NeighbourhoodPlan.


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REZONING APPLICATION NO. 100278DEVELOPMENT PERMIT NO. 100488(BAHGA/GSK)

Page 2 . . .

RECOMMENDATIONS:

That Council give first and second reading to Bylaw No. 4735 rezoning 4.01 ha (9.9 acres) of

land, located in the Southeast Phase of the Yorkson Neighbourhood Plan to ResidentialCompact Lot Zones (R-CL(A), R-CL(B)), Residential Zone R-1A and ComprehensiveDevelopment Zone (CD- 76) to accommodate a mixed residential development consisting ofapproximately 56 single family lots and 36 attached strata units, subject to the followingdevelopment 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 utility

upgrades 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 212Street road width of 30.4metres, 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 minimum 6.0 metre street greenway dedication and construction along thewest side of 212 Street, in accordance with the Yorkson Neighbourhood Plan, to theacceptance of the Manager of Parks Design and Development, including final acceptance ofgreenway 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 parking on 212 Street and restricting local street parking to one side only;b) Prohibiting construction on proposed Lots 55, 56, and 57 until such time as storm and

sanitary servicing can be resolved to the acceptance of the Manager of DevelopmentEngineering;

c) Requiring that the attached housing portion of the site comply with Columns A and C ofTable 4.1 of the Yorkson Neighbourhood Plan; and

d) Registration of a non-disturbance restrictive covenant requiring that no vegetation beremoved or disturbed on Lots 29 and 58 (except where necessary for installation ofutilities, roads, municipal trails and fisheries works) until a Development Permit isissued outlining tree retention, protection and replacement details.

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; and

11. Payment of applicable Neighbourhood Planning Administration fees, supplementalRezoning and Development Permit fees, ISDC review fee, and compliance with theTownships 5% Neighbourhood Park Land Acquisition Policy;

That Council at the time of final reading of Bylaw No. 4735 authorize the issuance of

Development Permit No. 100488 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; and further

That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No.4735 in conjunction with the hearing for proposed Development Permit No. 100488.


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EXECUTIVE SUMMARY:

HY Engineering proposes to rezone approximately 4.01 ha (9.9 acres) of land in the SoutheastPhase of the Yorkson Neighbourhood Plan area to Residential Compact Lot Zones (R-CL(A), R-CL(B)), Residential Zone R-1A and Comprehensive Development Zone (CD- 76). The rezoningwill facilitate a mixed residential development consisting of approximately 56 single family lotsand 36 attached strata units. Prior to any application being approved in the Southeast Phase ofYorkson an overall layout plan, elementary school and neighbourhood park sites, a communitystormwater detention pond site and municipal trunk services must first be provided. ADevelopment Permit for the site is being processed in conjunction with the rezoning applicationto secure an exterior design control agreement for the single family lots at the time ofsubdivision. A future Development Permit (yet to be applied for) will provide Council with theopportunity to review the form, character and siting on the attached strata sites. Thedevelopment application complies with the Willoughby Community Plan and the YorksonNeighbourhood Plan. Final reading of the rezoning bylaw is contingent upon completion of theeleven (11) development prerequisites outlined in this report.

PURPOSE:

This report is to advise and make recommendations with respect to Rezoning Bylaw No. 4735and Development Permit No. 100488 in the southeast phase of Yorkson Neighbourhood ofWilloughby.


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Page 5 . . .

ZONING BYLAW NO. 2500

SSuubbjjeeccttss


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Page 6 . . .

YORKSON PLAN

SUBJECT


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PRELIMINARY SUBDIVISION PLAN


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ADDITIONAL INFORMATION:

Reference:

Owner : Bahga Enterprises Ltd.12312 72 AvenueSurrey, BC V3W 2M3

GSK Developments Ltd.8685 120 StreetDelta, BC V4C 6R4

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

Legal Description: Lots 29 and 30 both of Section 24 Township 8New Westminster District Plan 1578

PIDS: 004-041-593 & 012-244-848

Location: 21132 and 21180 - 77A Avenue

Area: 4.01 hectares (9.9 acres)

Existing Zoning: Suburban Residential Zone SR-2

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

Comprehensive Development Zone (CD-76)

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 4.01 ha (9.9 acres) of land located in the Southeast Phaseof the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), RCL(B)),Residential Zone R-1A, and Comprehensive Development (CD-76) to accommodate a mixed

residential development consisting of approximately 56 single family lots and 36 attached strataunits. Included in the development proposal is the dedication of approximately 2950 m 2

(31,755ft2) of greenways and open space.

Surrounding land uses include:

North: 77A Avenue and suburban residential lots zoned SR-2 and designated for MixedResidential;

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

East: 212 Street and suburban residential lots zoned Suburban Residential Zone SR-2beyond; and

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

for Mixed Residential 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 as it 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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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 the acceptance of the Township. The proposed developmentcomplies with 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 north of 77A Avenue (2 blocks west)also under application. Prior to final reading the elementary school site must be secured to theacceptance 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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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 north of 77A Avenue (2 blocks west) alsounder application. 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). Playing fieldsand playground equipment will eventually be constructed on the two (2) Neighbourhood Parkand Elementary School sites to be located in the eastern phases of Yorkson (Southeast andNortheast).

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 guidelines

outlined in the Plan.

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

For the attached strata portion of the site, 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 includingsiting, 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 requiring that the ultimatedesigns for the two strata sites comply with the Mixed Residential designation of the YorksonNeighbourhood Plan, with respect to the requisite mix of housing types. Appropriate uses onthese sites include a mix of townhouses, stacked townhouses, manor homes and duplexes atthe ratios prescribed in the plan (at least two types of Attached Housing with no type being morethan 60% of the total number of attached units).


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Greenways:

As part of the project, the applicant will be required to dedicate and construct a minimum 6.0wide street greenway (including a pathway and landscaping) along 212 Street as identified inthe Yorkson Neighbourhood Plan. Forming part of the overall neighbourhood greenwaynetwork, the proponent will be dedicating approximately 1530 m2 (16,469 ft2) of street greenway.In addition to the street greenway the applicant is also required to dedicate roughly 1420 m2

(15,285 ft2) of the required 4087m2 (1.0 acre) pocket park. Details of the open spaceimprovements (i.e. required landscaping and fencing including the treatment/ construction of thegreenways and municipal trails) will need to be finalized to municipal standards to theacceptance of the Manager of Parks Design and Development prior to final reading of therezoning bylaw. As a condition of final reading the proponent will be required to transfer title ofthe greenway and park land to the Township and secure their construction as part of a ServicingAgreement.

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 respectto 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. The Township is workingwith DFO in the preparation of an overall environmental protection/compensation plan for theSoutheast Phase including reconstructed watercourses and compensation areas; 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.

Tree Protection/ Replacement:

An Integrated Site Design Concept (ISDC) was provided by the applicants consultants (Mike

Fadum and Associates, HY Engineering Ltd.) The attached strata sites will not be constructeduntil a future Development Permit is granted, therefore, tree protection details will be deferred tothe DP stage for these lots. A non-disturbance restrictive covenant is to be registered againstthe title of proposed Lots 29 and 57 to ensure existing trees remain until such time as a DP hasbeen issued for the strata sites.

The submitted tree management information for the remainder of the development site indicatesthat 324 significant trees exist, of which eleven (11) are proposed to be retained. In accordancewith the Townships Tree Protection Bylaw, a total of 213 replacement trees are required to beplanted. Of these 99 are proposed to be planted on-site and 114 off-site. In addition to the on-site trees approximately 56 street trees (in compliance with the Townships Boulevard


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Treatment and Street Tree policy) are required. Overall, 269 trees will be in place (an averageof 4.8 trees per unit) subsequent to development. Final tree retention, protection, andreplacement plans are subject to final acceptance by the Manager of Parks Design andDevelopment.

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 to

final 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 mustbe provided, to the acceptance of the General Manager of Engineering. If necessary, theproponent may choose to enter into a Development Works Agreement (DWA) with theTownship (similar to a latecomers agreement) dealing with the recovery of some front-endservicing costs. Completion of the DWA will be required prior to final reading of the rezoningbylaw.

Road dedications, widenings, and necessary traffic improvements including securing anadditional 1.0 metre dedication along 77A Avenue and up to a 30.4 metre dedication for 212Street 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.

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 theDirector of Community Development;

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

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

d) Provide an overall stormwater detention plan for the Southeast Yorkson Phaseand transfer to the Township an adequately sized community stormwaterdetention pond to service the Southeast Yorkson Phase to the acceptance of theGeneral Manager of Engineering;

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;


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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 in

accordance 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 212Street road width of 30.4metres, 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 minimum 6.0 metre street greenway dedication and construction along thewest side of 212 Street, in accordance with the Yorkson Neighbourhood Plan, to theacceptance of the Manager of Parks Design 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 Policy

including 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 theSoutheast Phase of Yorkson to the acceptance of the DFO;

b) Dedication of environmental compensation areas to the Township forconservation purposes in accordance with the Yorkson Neighbourhood Plan andthe required overall environmental 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 parking on 212 Street and restricting local street parking to one side

only;b) prohibiting construction on proposed Lots 55, 56, and 57 until such time as storm

and sanitary servicing can be resolved to the acceptance of the Manager ofDevelopment Engineering;

c) requiring that the attached housing portion of the site comply with Columns A andC of Table 4.1 of the Yorkson Neighbourhood Plan; andd) registration of a non-disturbance restrictive covenant requiring that no vegetation

be removed or disturbed on Lots 29 and 58 (except where necessary forinstallation of utilities, roads, municipal trails and fisheries works) until aDevelopment Permit is issued outlining tree retention, protection andreplacement details.

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; and


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11. Payment of applicable Neighbourhood Planning Administration fees, supplementalRezoning and Development Permit fees, ISDC review fee, and compliance with theTownships 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, whichallow mixed residential uses, (single family compact lots, rowhouses and townhouses) at adensity of between 8 and 10 upa. The development proposed also complies with the TownshipsZoning Bylaw and Subdivision and Development Control Bylaw and Policy. Accordingly, staffrecommend that Council give First and Second Readings to Bylaw No. 4735 (subject to theEleven (11) development prerequisites); authorize issuance of the accompanying DevelopmentPermit No. 100488 (to be issued at time of final reading of the rezoning bylaw); and authorizestaff to schedule the required Public Hearing.

Respectfully submitted,

Mike NewallDEVELOPMENT PLANNERforCOMMUNITY DEVELOPMENT DIVISION

ATTACHMENT A Development Permit GuidelinesATTACHMENT B Development Permit No. 100488


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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 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:

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 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 212

Street 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.


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ATTACHMENT B


Development Permit No. 100488

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

1. NAME & ADDRESS: Bahga Enterprises Ltd.12312 72 AvenueSurrey, BC V3W 2M3

GSK Developments Ltd.8685 120 StreetDelta, BC V4C 6R4

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 29 and 30 Both of Section 24 Township 8 New Westminster

District Plan 1578

CIVIC ADDRESS: 21132 and 21180 - 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.

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.

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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