Ph3 Vieira Soni
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THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY OFFICIAL COMMUNITY PLAN BYLAW 1979 NO. 1842 AMENDMENT (MURRAYVILLE COMMUNITY PLAN) BYLAW 1988 NO. 2661 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4724 EXPLANATORY NOTE Bylaw No. 4724 amends the Murrayville Community Plan by redesignating the eastern 1,033 m2 (11,119 ft2) portion of property located at 21429 51B Avenue to accommodate a two (2) lot single family subdivision.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY OFFICIAL COMMUNITY PLAN BYLAW 1979 NO. 1842 AMENDMENT (MURRAYVILLE COMMUNITY PLAN) BYLAW 1988 NO. 2661 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4724 A Bylaw to amend Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 WHEREAS it is deemed necessary and desirable to amend “Langley Official Community Plan Bylaw 1979 No. 1842” as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1.
This Bylaw may be cited for all purposes as “Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 Amendment (Vieira/Soni) Bylaw 2009 No. 4724”.
2.
Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 is further amended by designating lands described as: the eastern 1,033 m2 (11,119 ft2) portion of Lot 49 Section 1 Township 8 New Westminster District Plan 41141 PID: 001-233-971 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to “Single Family One”.
READ A FIRST TIME the
16
day of
February
, 2009
READ A SECOND TIME the
16
day of
February
, 2009
PUBLIC HEARING HELD the
day of
, 2009
READ A THIRD TIME the
day of
, 2009
RECONSIDERED AND ADOPTED the
day of
, 2009
Mayor
Deputy Township Clerk
Bylaw No. 4724 Page 2
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4725
EXPLANATORY NOTE Bylaw No. 4725 rezones the eastern 1,033 m2 (11,119 ft2) portion of property located at 21429 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family subdivision.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4725 A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500 WHEREAS it is deemed necessary and desirable to amend “Township of Langley Zoning Bylaw 1987 No. 2500” as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1.
This Bylaw may be cited for all purposes as “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Vieira/Soni) Bylaw 2009 No. 4725”.
2.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning lands described as: the eastern 1,033 m2 (11,119 ft2) portion of Lot 49 Section 1 Township 8 New Westminster District Plan 41141 PID: 001-233-971 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Zone R-1E.
READ A FIRST TIME the
16
day of
February
, 2009
READ A SECOND TIME the
16
day of
February
, 2009
PUBLIC HEARING HELD the
day of
, 2009
READ A THIRD TIME the
day of
, 2009
RECONSIDERED AND ADOPTED the
day of
, 2009
Mayor
Deputy Township Clerk
Bylaw No. 4725 Page 2
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
FEBRUARY 16, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
PROPOSAL:
Amend the Murrayville Community Plan and rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue to accommodate a two (2) lot single family subdivision. RECOMMENDATION SUMMARY:
That Council give first and second reading to Bylaw No.’s 4724 and 4725 subject to completion of eight (8) development prerequisites. RATIONALE:
The proposed development complies with the overall density provisions of the Murrayville Community Plan.
REPORT: FILE:
09-15 08-01-0089
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 2 . . .
RECOMMENDATIONS:
That Council give first and second reading to Rezoning Bylaw No. 4725 (and accompanying Murrayville Community Plan Amendment Bylaw No. 4724) to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1.
2.
3.
4. 5. 6.
7.
8.
Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions on 51B Avenue in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; Submission of design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the northern property line to the acceptance of the Manager of Parks Design and Development; Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development; Registration of a restrictive covenant defining the environmental non-disturbance area and preventing further encroachment of the existing dwelling into it; Registration of a restrictive covenant prohibiting any further subdivision of the subject site beyond the current proposal; Registration of a restrictive covenant advising the owner and occupants of their proximity to the Langley Regional Airport and the Agricultural Land Reserve and the potential for sound, odour, and other impacts from normal airport and agricultural activities; Registration of a restrictive covenant requiring at the subdivision approval stage the submission of a noise study and the new dwelling to incorporate sound insulation to achieve acceptable interior noise levels adjacent to the Langley Regional Airport; Payment of supplemental rezoning application fees and site servicing review fees; and further
That Council authorize staff to schedule the required public hearing. EXECUTIVE SUMMARY:
Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan and to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue to accommodate a two (2) lot single family subdivision. Staff support the Community Plan amendment and rezoning proposal as it complies with the overall density provisions of the Murrayville Community Plan. PURPOSE:
This report is to provide information and recommendations to Council concerning Community Plan Amendment Bylaw No. 4724 and Rezoning Bylaw No. 4725.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 3 . . .
SUBJECT
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 4 . . .
ZONING BYLAW NO. 2500
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 5 . . .
PRELIMINARY SUBDIVISION LAYOUT – SUBMITTED BY APPLICANT
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 6 . . .
ADDITIONAL INFORMATION:
Owner:
Nelson Vieira 21429 – 51B Avenue Langley, BC V3A 5B8
Agent:
Ajay Soni 902 – 777 – West Broadway Vancouver, BC V5Z 4J7
Legal Description:
Lot 49 Section 1 Township 8 New Westminster District Plan 41141 PID: 001-233-971
Location:
21429 – 51B Avenue
Total Area:
0.40 ha (1.00 acre)
Area to be amended in the Murrayville Community Plan and Rezoned:
1,033 m2 (11,119 ft2)
Existing Zoning:
Suburban Residential Zone SR-3 (minimum lot size 1,765 m2 / 18,999 ft2)
Proposed Zoning:
Rezoning a 1,033 m2 (11,119 ft2) portion to Residential Zone R-1E (minimum lot size 930 m2 / 10,011 ft2).
Existing Murrayville Community Plan:
Suburban (maximum density 5 units per ha (2 units per acre); minimum lot size 1,765 m2 / 18,999 ft2)
Proposed Murrayville Community Plan
Redesignating a 1,033 m2 (11,119 ft2) portion to Single Family One (maximum density 10 units per ha (4 units per acre); minimum lot size 930 m2 / 10,011 ft2)
E.S.A. Designation:
E.S.A.# 66 – Murrayville Urban Area (Rating #3)
BACKGROUND:
The subject site is designated “Suburban” in the Murrayville Community Plan, allowing a maximum density of 5 units per hectare (2 units per acre), at a minimum lot size of 1,765 m2 (18,999 ft2). Existing zoning is Suburban Residential Zone SR-3, also allowing a minimum lot size of 1,765 m2 (18,999 ft2).
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 7 . . .
DISCUSSION / ANALYSIS:
Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan and to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue to accommodate a two (2) lot single family subdivision. The subject site is occupied by one (1) existing single family home that will be retained. A small red coded watercourse is located on the western portion of the property. Adjacent Uses: Surrounding land uses include: North: A walkway and Township owned lands zoned Civic Institutional Zone P-1, beyond which is Fraser Hwy and the Langley Regional Airport zoned Airport Zone P-4; South: 51B Avenue, beyond which is a single family subdivision zoned Residential Zone R-1E; East: A single family subdivision zoned Residential Zone R-1E and Residential Zone R-1D; and West: A single family subdivision zoned Suburban Residential Zone SR-1 and Suburban Residential Zone SR-3, beyond which are lands in the Agricultural Land Reserve zoned Rural Zone RU-1. Murrayville Community Plan Amendment: The subject site is designated “Suburban” in the Murrayville Community Plan, allowing a maximum density of 5 units per hectare (2 units per acre) with a minimum lot size of 1,765 m2 (18,999 ft2). The applicant proposes to create two (2) single family residential lots, at a proposed density of 5 units per hectare (2 units per acre), however one lot is proposed to be less than the minimum lot size required by the Murrayville Community Plan. Development on the subject site is constrained by a red coded watercourse that flows on the western portion of the property. In compliance with the Township’s Streamside Protection and Enhancement Bylaw requirement of a 30 metre setback from a red coded watercourse, the eastern portion of the subject site is the only area suitable for further development. While the proposed development complies with the overall density requirements of the “Suburban” designation of the Murrayville Community Plan, it does not comply with the minimum lot size requirements. Therefore, the applicant proposes to amend the Murrayville Community Plan from “Suburban” to “Single Family One” on the eastern 1,033 m2 (11,119 ft2) portion of the site (located away from the watercourse). The “Single Family One” designation allows a maximum density of 10 units per ha (4 units per acre) with a minimum lot size of 930 m2 (10,011 ft2). The remainder of the site will retain its current “Suburban” designation. Staff support the request to amend the Murrayville Community Plan on the 1,033 m2 (11,119 ft2) portion of the site as the proposed development complies with the overall density provisions of the Murrayville Community Plan (5 units per hectare / 2 units per acre), but not the minimum lot size.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 8 . . .
Rezoning: The subject site is currently zoned Suburban Residential Zone SR-3. The applicant proposes to rezone the eastern 1,033 m2 (11,119 ft2) portion of the subject site to Residential Zone R-1E (minimum lot size 930 m2 / 10,011 ft2) in order to accommodate the proposed two (2) lot single family subdivision. The remainder of the site will retain its current Suburban Residential Zone SR-3 zoning. The development complies with the proposed Community Plan designation as well as the proposed zoning in terms of use, lot size and frontage. Subdivision: A preliminary subdivision layout has been submitted in support of the Community Plan amendment and rezoning application. It proposes the creation of two (2) single family residential lots, both accessed from 51B Avenue. The eastern lot will have an area of 1,033 m2 (11,119 ft2), while the western lot will have an area of 3,010 m2 (32,400 ft2). In order to protect the density provisions of the Murrayville Community Plan, the applicant will be required at the subdivision approval stage to register a restrictive covenant prohibiting any further subdivision beyond the current proposal. Subdivision details will be addressed at the time of subdivision pursuant to the Subdivision and Development Control Bylaw and Policy. Langley Regional Airport: Given the subject site’s proximity to the Langley Regional Airport, staff consulted with Transport Canada and Avcon Consulting Ltd., the agency under contract with the Township to manage the airport. As the development proposal complies with the Langley Airport Zoning Regulations of the Aeronautics Act, neither agency objected to the proposed subdivision. As a condition of final reading, the applicant will be required at the subdivision approval stage to undertake a noise study and to register a restrictive covenant requiring the new dwelling to incorporate sound insulation in order to achieve acceptable interior noise levels. The applicant will also be required as a condition of final reading to register a restrictive covenant advising the owner and occupants of the proximity to the Langley Regional Airport and the potential for sound and other impacts from normal airport activities. Servicing: Existing full municipal services on 51B Avenue are adequate to be extended to service the proposed development. Prior to final reading, the applicant will be required to enter into a Servicing Agreement to secure upgrades to 51B Avenue fronting the site and the provision of full municipal services to the proposed lots in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw. Trail: Part of a pedestrian walkway that connects Fraser Hwy and Old Yale Road exists along the northern property line of the subject site. As a condition of final reading, the applicant will be required to submit design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the full length of the northern property line. The trail will be constructed within the existing walkway dedication to the acceptance of the Manager of Parks Design and Development.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 9 . . .
Tree Protection: In compliance with the Tree Protection Bylaw, the applicant has submitted a tree survey and tree summary schedule. The tree survey and tree summary schedule indicate a total of five (5) significant trees identified on the site, all of which are proposed to be retained. In accordance with the Tree Protection Bylaw, 15 replacement trees are required to be planted on the development site. As a result, a total of 20 trees will be in place after the development. Final tree retention, protection and replacement details are subject to the acceptance of the Manager of Parks Design and Development prior to final reading. Environment: The Township’s Environmentally Sensitive Areas Study identifies the lands as forming part of the Murrayville Urban Area. The applicant will be required to provide full urban services as well as a storm water management plan and sediment control measures through a Servicing Agreement. The provision of these items, along with compliance with the Township’s Tree Protection Bylaw, satisfies the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. A small red coded watercourse flows over the western portion of the development site. In compliance with the Township’s Streamside Protection and Enhancement Bylaw, no new development is proposed within the 30 metre non-disturbance area of the watercourse. The new dwelling on the eastern lot is well beyond the required 30 metre setback from the top of bank. As a condition of final reading, the applicant will be required to register a streamside protection restrictive covenant that defines the non-disturbance area and prevents further encroachment of the existing dwelling into the non-disturbance area. Transit: Translink currently operates two Community Shuttles through Murrayville as well as a regular bus route along Fraser Highway. The road layout for Murrayville has been designed to accommodate future transit routes in accordance with Translink’s operating policy / procedures, which Council is given an opportunity to review each year. Schools: The proposed development will not impact schools in the area. Elementary students are within the James Hill Elementary School catchment area which is located approximately 2,200 metres south-east of the subject site. High school students will attend Langley Secondary School. Parks: The nearest neighbourhood park is Porter Park located approximately 600 metres south-east of the subject site on 215 Street. Denny Ross Memorial Park is the second nearest park located at 48 Avenue and Old Yale Road.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 10 . . .
Development Prerequisites: Prior to final reading of the Community Plan amendment and rezoning bylaws, the following items must be completed: 1.
2.
3.
4. 5. 6.
7.
8.
Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions on 51B Avenue in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; Submission of design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the northern property line to the acceptance of the Manager of Parks Design and Development; Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development; Registration of a restrictive covenant defining the environmental non-disturbance area and preventing further encroachment of the existing dwelling into it; Registration of a restrictive covenant prohibiting any further subdivision of the subject site beyond the current proposal; Registration of a restrictive covenant advising the owner and occupants of their proximity to the Langley Regional Airport and the Agricultural Land Reserve and the potential for sound, odour, and other impacts from normal airport and agricultural activities; Registration of a restrictive covenant requiring at the subdivision approval stage the submission of a noise study and the new dwelling to incorporate sound insulation to achieve acceptable interior noise levels adjacent to the Langley Regional Airport; Payment of supplemental rezoning application fees and site servicing review fees; and further
POLICY CONSIDERATIONS:
Staff support the Community Plan and Rezoning Bylaws as the proposed development complies with the overall density provisions of the Murrayville Community Plan. Subdivision details will be addressed at the subdivision stage pursuant to the Township’s Subdivision and Development Control Bylaw and Policy. Respectfully submitted,
Patrick Ward DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION PJW
THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY OFFICIAL COMMUNITY PLAN BYLAW 1979 NO. 1842 AMENDMENT (MURRAYVILLE COMMUNITY PLAN) BYLAW 1988 NO. 2661 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4724 A Bylaw to amend Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 WHEREAS it is deemed necessary and desirable to amend “Langley Official Community Plan Bylaw 1979 No. 1842” as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1.
This Bylaw may be cited for all purposes as “Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 Amendment (Vieira/Soni) Bylaw 2009 No. 4724”.
2.
Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 is further amended by designating lands described as: the eastern 1,033 m2 (11,119 ft2) portion of Lot 49 Section 1 Township 8 New Westminster District Plan 41141 PID: 001-233-971 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to “Single Family One”.
READ A FIRST TIME the
16
day of
February
, 2009
READ A SECOND TIME the
16
day of
February
, 2009
PUBLIC HEARING HELD the
day of
, 2009
READ A THIRD TIME the
day of
, 2009
RECONSIDERED AND ADOPTED the
day of
, 2009
Mayor
Deputy Township Clerk
Bylaw No. 4724 Page 2
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4725
EXPLANATORY NOTE Bylaw No. 4725 rezones the eastern 1,033 m2 (11,119 ft2) portion of property located at 21429 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family subdivision.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4725 A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500 WHEREAS it is deemed necessary and desirable to amend “Township of Langley Zoning Bylaw 1987 No. 2500” as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1.
This Bylaw may be cited for all purposes as “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Vieira/Soni) Bylaw 2009 No. 4725”.
2.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning lands described as: the eastern 1,033 m2 (11,119 ft2) portion of Lot 49 Section 1 Township 8 New Westminster District Plan 41141 PID: 001-233-971 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Zone R-1E.
READ A FIRST TIME the
16
day of
February
, 2009
READ A SECOND TIME the
16
day of
February
, 2009
PUBLIC HEARING HELD the
day of
, 2009
READ A THIRD TIME the
day of
, 2009
RECONSIDERED AND ADOPTED the
day of
, 2009
Mayor
Deputy Township Clerk
Bylaw No. 4725 Page 2
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
FEBRUARY 16, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
PROPOSAL:
Amend the Murrayville Community Plan and rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue to accommodate a two (2) lot single family subdivision. RECOMMENDATION SUMMARY:
That Council give first and second reading to Bylaw No.’s 4724 and 4725 subject to completion of eight (8) development prerequisites. RATIONALE:
The proposed development complies with the overall density provisions of the Murrayville Community Plan.
REPORT: FILE:
09-15 08-01-0089
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 2 . . .
RECOMMENDATIONS:
That Council give first and second reading to Rezoning Bylaw No. 4725 (and accompanying Murrayville Community Plan Amendment Bylaw No. 4724) to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1.
2.
3.
4. 5. 6.
7.
8.
Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions on 51B Avenue in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; Submission of design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the northern property line to the acceptance of the Manager of Parks Design and Development; Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development; Registration of a restrictive covenant defining the environmental non-disturbance area and preventing further encroachment of the existing dwelling into it; Registration of a restrictive covenant prohibiting any further subdivision of the subject site beyond the current proposal; Registration of a restrictive covenant advising the owner and occupants of their proximity to the Langley Regional Airport and the Agricultural Land Reserve and the potential for sound, odour, and other impacts from normal airport and agricultural activities; Registration of a restrictive covenant requiring at the subdivision approval stage the submission of a noise study and the new dwelling to incorporate sound insulation to achieve acceptable interior noise levels adjacent to the Langley Regional Airport; Payment of supplemental rezoning application fees and site servicing review fees; and further
That Council authorize staff to schedule the required public hearing. EXECUTIVE SUMMARY:
Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan and to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue to accommodate a two (2) lot single family subdivision. Staff support the Community Plan amendment and rezoning proposal as it complies with the overall density provisions of the Murrayville Community Plan. PURPOSE:
This report is to provide information and recommendations to Council concerning Community Plan Amendment Bylaw No. 4724 and Rezoning Bylaw No. 4725.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 3 . . .
SUBJECT
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 4 . . .
ZONING BYLAW NO. 2500
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 5 . . .
PRELIMINARY SUBDIVISION LAYOUT – SUBMITTED BY APPLICANT
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 6 . . .
ADDITIONAL INFORMATION:
Owner:
Nelson Vieira 21429 – 51B Avenue Langley, BC V3A 5B8
Agent:
Ajay Soni 902 – 777 – West Broadway Vancouver, BC V5Z 4J7
Legal Description:
Lot 49 Section 1 Township 8 New Westminster District Plan 41141 PID: 001-233-971
Location:
21429 – 51B Avenue
Total Area:
0.40 ha (1.00 acre)
Area to be amended in the Murrayville Community Plan and Rezoned:
1,033 m2 (11,119 ft2)
Existing Zoning:
Suburban Residential Zone SR-3 (minimum lot size 1,765 m2 / 18,999 ft2)
Proposed Zoning:
Rezoning a 1,033 m2 (11,119 ft2) portion to Residential Zone R-1E (minimum lot size 930 m2 / 10,011 ft2).
Existing Murrayville Community Plan:
Suburban (maximum density 5 units per ha (2 units per acre); minimum lot size 1,765 m2 / 18,999 ft2)
Proposed Murrayville Community Plan
Redesignating a 1,033 m2 (11,119 ft2) portion to Single Family One (maximum density 10 units per ha (4 units per acre); minimum lot size 930 m2 / 10,011 ft2)
E.S.A. Designation:
E.S.A.# 66 – Murrayville Urban Area (Rating #3)
BACKGROUND:
The subject site is designated “Suburban” in the Murrayville Community Plan, allowing a maximum density of 5 units per hectare (2 units per acre), at a minimum lot size of 1,765 m2 (18,999 ft2). Existing zoning is Suburban Residential Zone SR-3, also allowing a minimum lot size of 1,765 m2 (18,999 ft2).
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 7 . . .
DISCUSSION / ANALYSIS:
Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan and to rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 – 51B Avenue to accommodate a two (2) lot single family subdivision. The subject site is occupied by one (1) existing single family home that will be retained. A small red coded watercourse is located on the western portion of the property. Adjacent Uses: Surrounding land uses include: North: A walkway and Township owned lands zoned Civic Institutional Zone P-1, beyond which is Fraser Hwy and the Langley Regional Airport zoned Airport Zone P-4; South: 51B Avenue, beyond which is a single family subdivision zoned Residential Zone R-1E; East: A single family subdivision zoned Residential Zone R-1E and Residential Zone R-1D; and West: A single family subdivision zoned Suburban Residential Zone SR-1 and Suburban Residential Zone SR-3, beyond which are lands in the Agricultural Land Reserve zoned Rural Zone RU-1. Murrayville Community Plan Amendment: The subject site is designated “Suburban” in the Murrayville Community Plan, allowing a maximum density of 5 units per hectare (2 units per acre) with a minimum lot size of 1,765 m2 (18,999 ft2). The applicant proposes to create two (2) single family residential lots, at a proposed density of 5 units per hectare (2 units per acre), however one lot is proposed to be less than the minimum lot size required by the Murrayville Community Plan. Development on the subject site is constrained by a red coded watercourse that flows on the western portion of the property. In compliance with the Township’s Streamside Protection and Enhancement Bylaw requirement of a 30 metre setback from a red coded watercourse, the eastern portion of the subject site is the only area suitable for further development. While the proposed development complies with the overall density requirements of the “Suburban” designation of the Murrayville Community Plan, it does not comply with the minimum lot size requirements. Therefore, the applicant proposes to amend the Murrayville Community Plan from “Suburban” to “Single Family One” on the eastern 1,033 m2 (11,119 ft2) portion of the site (located away from the watercourse). The “Single Family One” designation allows a maximum density of 10 units per ha (4 units per acre) with a minimum lot size of 930 m2 (10,011 ft2). The remainder of the site will retain its current “Suburban” designation. Staff support the request to amend the Murrayville Community Plan on the 1,033 m2 (11,119 ft2) portion of the site as the proposed development complies with the overall density provisions of the Murrayville Community Plan (5 units per hectare / 2 units per acre), but not the minimum lot size.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 8 . . .
Rezoning: The subject site is currently zoned Suburban Residential Zone SR-3. The applicant proposes to rezone the eastern 1,033 m2 (11,119 ft2) portion of the subject site to Residential Zone R-1E (minimum lot size 930 m2 / 10,011 ft2) in order to accommodate the proposed two (2) lot single family subdivision. The remainder of the site will retain its current Suburban Residential Zone SR-3 zoning. The development complies with the proposed Community Plan designation as well as the proposed zoning in terms of use, lot size and frontage. Subdivision: A preliminary subdivision layout has been submitted in support of the Community Plan amendment and rezoning application. It proposes the creation of two (2) single family residential lots, both accessed from 51B Avenue. The eastern lot will have an area of 1,033 m2 (11,119 ft2), while the western lot will have an area of 3,010 m2 (32,400 ft2). In order to protect the density provisions of the Murrayville Community Plan, the applicant will be required at the subdivision approval stage to register a restrictive covenant prohibiting any further subdivision beyond the current proposal. Subdivision details will be addressed at the time of subdivision pursuant to the Subdivision and Development Control Bylaw and Policy. Langley Regional Airport: Given the subject site’s proximity to the Langley Regional Airport, staff consulted with Transport Canada and Avcon Consulting Ltd., the agency under contract with the Township to manage the airport. As the development proposal complies with the Langley Airport Zoning Regulations of the Aeronautics Act, neither agency objected to the proposed subdivision. As a condition of final reading, the applicant will be required at the subdivision approval stage to undertake a noise study and to register a restrictive covenant requiring the new dwelling to incorporate sound insulation in order to achieve acceptable interior noise levels. The applicant will also be required as a condition of final reading to register a restrictive covenant advising the owner and occupants of the proximity to the Langley Regional Airport and the potential for sound and other impacts from normal airport activities. Servicing: Existing full municipal services on 51B Avenue are adequate to be extended to service the proposed development. Prior to final reading, the applicant will be required to enter into a Servicing Agreement to secure upgrades to 51B Avenue fronting the site and the provision of full municipal services to the proposed lots in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw. Trail: Part of a pedestrian walkway that connects Fraser Hwy and Old Yale Road exists along the northern property line of the subject site. As a condition of final reading, the applicant will be required to submit design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the full length of the northern property line. The trail will be constructed within the existing walkway dedication to the acceptance of the Manager of Parks Design and Development.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 9 . . .
Tree Protection: In compliance with the Tree Protection Bylaw, the applicant has submitted a tree survey and tree summary schedule. The tree survey and tree summary schedule indicate a total of five (5) significant trees identified on the site, all of which are proposed to be retained. In accordance with the Tree Protection Bylaw, 15 replacement trees are required to be planted on the development site. As a result, a total of 20 trees will be in place after the development. Final tree retention, protection and replacement details are subject to the acceptance of the Manager of Parks Design and Development prior to final reading. Environment: The Township’s Environmentally Sensitive Areas Study identifies the lands as forming part of the Murrayville Urban Area. The applicant will be required to provide full urban services as well as a storm water management plan and sediment control measures through a Servicing Agreement. The provision of these items, along with compliance with the Township’s Tree Protection Bylaw, satisfies the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. A small red coded watercourse flows over the western portion of the development site. In compliance with the Township’s Streamside Protection and Enhancement Bylaw, no new development is proposed within the 30 metre non-disturbance area of the watercourse. The new dwelling on the eastern lot is well beyond the required 30 metre setback from the top of bank. As a condition of final reading, the applicant will be required to register a streamside protection restrictive covenant that defines the non-disturbance area and prevents further encroachment of the existing dwelling into the non-disturbance area. Transit: Translink currently operates two Community Shuttles through Murrayville as well as a regular bus route along Fraser Highway. The road layout for Murrayville has been designed to accommodate future transit routes in accordance with Translink’s operating policy / procedures, which Council is given an opportunity to review each year. Schools: The proposed development will not impact schools in the area. Elementary students are within the James Hill Elementary School catchment area which is located approximately 2,200 metres south-east of the subject site. High school students will attend Langley Secondary School. Parks: The nearest neighbourhood park is Porter Park located approximately 600 metres south-east of the subject site on 215 Street. Denny Ross Memorial Park is the second nearest park located at 48 Avenue and Old Yale Road.
OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING APPLICATION NO. 100065 (VIEIRA/SONI)
Page 10 . . .
Development Prerequisites: Prior to final reading of the Community Plan amendment and rezoning bylaws, the following items must be completed: 1.
2.
3.
4. 5. 6.
7.
8.
Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions on 51B Avenue in accordance with the Township’s Subdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of Engineering; Submission of design and installation plans, along with security, for the construction of a two (2) metre wide asphalt trail along the northern property line to the acceptance of the Manager of Parks Design and Development; Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree retention, replacement and protection details to the acceptance of the Manager of Parks Design and Development; Registration of a restrictive covenant defining the environmental non-disturbance area and preventing further encroachment of the existing dwelling into it; Registration of a restrictive covenant prohibiting any further subdivision of the subject site beyond the current proposal; Registration of a restrictive covenant advising the owner and occupants of their proximity to the Langley Regional Airport and the Agricultural Land Reserve and the potential for sound, odour, and other impacts from normal airport and agricultural activities; Registration of a restrictive covenant requiring at the subdivision approval stage the submission of a noise study and the new dwelling to incorporate sound insulation to achieve acceptable interior noise levels adjacent to the Langley Regional Airport; Payment of supplemental rezoning application fees and site servicing review fees; and further
POLICY CONSIDERATIONS:
Staff support the Community Plan and Rezoning Bylaws as the proposed development complies with the overall density provisions of the Murrayville Community Plan. Subdivision details will be addressed at the subdivision stage pursuant to the Township’s Subdivision and Development Control Bylaw and Policy. Respectfully submitted,
Patrick Ward DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION PJW
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