THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (BFW – WILLOUGHBY LTD.) BYLAW 2008 NO. 4597 EXPLANATORY NOTE Bylaw No. 4597 rezones property located at 21095, 21051, 21005, 20965, 20939 – 77A Avenue and 20940, 20982, 21008, 21027, 21070, 21118, 21146, 21168 – 80 Avenue to Residential Compact Lot Zones R-CL(A), R-CL(B), R-CL(RH) and Comprehensive Development Zones CD-65 and CD-66 to accommodate a comprehensive residential development consisting of approximately236 fee simple single family lots, 45 single family condominium strata units, 58 rowhouse lots and 315 townhouse units.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (BFW – WILLOUGHBY LTD.) BYLAW 2008 NO. 4597 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 (BFW – Willoughby Ltd.) Bylaw 2008 No.4597”.
2.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended: a) by adding to Section 104.1 – Zones, the words “Comprehensive Development Zone CD-65” after the words “Comprehensive Development Zone CD-64” and the words “Comprehensive Development Zone CD-66” after the words “Comprehensive Development Zone CD-65”; b) by adding to Section 110.1 after the words “CD-64” the words “CD-65” and “1.8ha” and the words “CD-66” and “1.6ha”; c) by adding after Section 964 “Comprehensive Development Zone CD-64” and “Comprehensive Zone CD-66” the following as Sections 965 “Comprehensive Development Zone CD-65” and “Comprehensive Zone CD-66”.
965 -
COMPREHENSIVE DEVELOPMENT ZONE CD-65 Uses Permitted
965.1
In the CD-65 Zone only the following uses are permitted and all other uses are prohibited: (1) accessory buildings and uses (2) accessory home occupations subject to Section 104.3(l) (3) townhouses Residential Density
965.2
The gross density shall be not less than 37 units per hectare (15 upa) and no greater than 62 units per hectare (25 upa). Amenity Areas
965.3
Child friendly amenity areas shall be provided in accordance with Section 111.6. Lot Coverage
Bylaw No. 4597 Page 2
965.4
Lot Coverage shall be in accordance with the provisions of the Development Permit. Siting of Buildings and Structures
965.5
Principal buildings and structures shall be sited in accordance with the provisions of the Development Permit. Height of Buildings and Structures
965.6
The height of principal buildings and structures shall be in accordance with the provisions of the Development Permit and shall not exceed three (3) storeys, whichever is lesser. Parking and Loading
965.7
Parking and loading shall be provided in accordance with Section 107. Subdivision Requirements
965.8
All lots created by subdivision shall comply with Section 110 of this Bylaw and the Township of Langley "Subdivision and Development Control Bylaw". Landscaping, Screening and Fencing
965.9
Landscaping areas, landscaping screens and fencing shall be in accordance with the provisions of a Development Permit. Development Permit Requirements
965.10
A Development Permit shall be issued by Council prior to issuance of a Building Permit.
966 -
COMPREHENSIVE DEVELOPMENT ZONE CD-66 Uses Permitted
966.1
In the CD-66 Zone only the following uses are permitted and all other uses are prohibited: (1) accessory buildings and uses (2) accessory home occupations subject to Section 104.3(l) (3) residential uses subject to section 966.2.
Bylaw No. 4597 Page 3
Residential Uses 966.2
Residential uses shall consist of single family detached condominium strata units. Bare land strata lots are not permitted. Residential Density
966.3
Not more than forty five (45) single family detached condominium strata units shall be permitted in a CD-66 zone. Amenity Areas
966.4
Child friendly amenity areas shall be provided in accordance with Section 111.6. Lot Coverage
966.5
Lot Coverage shall be in accordance with the provisions of the Development Permit. Siting of Buildings and Structures
966.6
Principal buildings and structures shall be sited in accordance with the provisions of the Development Permit. Accessory buildings and structures shall be sited in accordance with the provisions of the R-CL (A) zone. Height of Buildings and Structures
966.7
The height of principal buildings and structures shall be in accordance with the provisions of the Development Permit and shall not exceed two and one half storeys, whichever is lesser. The height of accessory buildings and structures shall not exceed 3.75 metres or one storey, whichever is lesser. Parking and Loading
966.8
Parking and loading shall be provided in accordance with Section 107. Subdivision Requirements
966.9
All lots created by subdivision shall comply with Section 110 of this Bylaw and the Township of Langley "Subdivision and Development Control Bylaw". Landscaping, Screening and Fencing
966.10
Landscaping areas, landscaping screens and fencing shall be in accordance with the provisions of a Development Permit.
Bylaw No. 4597 Page 4
Development Permit Requirements 966.11
3.
A Development Permit shall be issued by Council prior to issuance of a Building Permit.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lots 10 to 16 all of Section 24 Township 8 New Westminster District Plan 1578 Lots 19 to 23 all of Section 24 Township 8 New Westminster District Plan 1578 Lot 26 Section 25 Township 8 New Westminster District Plan 1137 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Compact Lot Zone (R-CL(A)), Residential Compact Lot Zone (R-CL(B)), Residential Compact Lot Zone (R-CL(RH)) and Comprehensive Development Zones (CD-65) and (CD-66).
READ A FIRST TIME the
18
day of
February
, 2008
READ A SECOND TIME the
18
day of
February
, 2008
PUBLIC HEARING HELD the
10
day of
March
, 2008
READ A THIRD TIME the
07
day of
April
, 2008
RECONSIDERED AND ADOPTED the Mayor
day of
, 2008
Township Clerk
Bylaw No. 4597 Page 5
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
FEBRUARY 18, 2008 – REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION RZ100265 DEVELOPMENT PERMIT DP100460 (BFW DEVELOPMENT (WILLOUGHBY LTD.)
REPORT: FILE:
08-30 08-24-0040
PROPOSAL: Application by BFW Development (Willoughby Ltd.) to rezone 26.2 ha (64.8 acres) of land in the Southeast phase of the Yorkson Neighbourhood Plan area to facilitate a comprehensive residential development consisting of approximately 236 fee simple single family lots, 45 single family condominium strata units, 58 rowhouse lots and up to 315 townhouse units. RECOMMENDATION SUMMARY: That Council give first and second reading to Bylaw No. 4597, subject to completion of eleven (11) development prerequisites and issuance of Development Permit No. 100460 (with one (1) condition) prior to final reading. RATIONALE: The proposal complies with the Willoughby Community Plan and the Yorkson Neighbourhood Plan.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 2 . . . RECOMMENDATIONS: That Council give first and second reading to Bylaw No. 4597 rezoning 26.22 ha (64.8 acres) of land, located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)) and Comprehensive Development Zones (CD-65) and (CD-66) to accommodate a comprehensive residential development consisting of approximately 236 fee simple single family lots, 45 single family condominium strata units, 58 rowhouse lots and up to 315 townhouse units, subject to 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 General Manager of Community Development; b. Transfer to the Township a five (5) acre neighbourhood park site to serve the catchment area to the acceptance of the Manager of Parks Design and Development; c. Transfer to School District No. 35 a five (5) acre elementary school site to serve the catchment area to the acceptance of the School District; and d. Provide an overall stormwater detention plan for the Southeast Yorkson Phase and transfer to the Township an adequately sized community stormwater detention pond to service the Southeast Yorkson Phase to the acceptance of the General Manager of Engineering. 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 of the General Manager of Engineering; 3. Completion of a Servicing Agreement with the Township securing required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, Yorkson Engineering Services Plan and the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering and greenway construction details to the acceptance of the Manager of Parks Design and Development; 4. Provision of a 4.5 metre greenway dedication and construction along the 80 Avenue frontage, a 4.5 metre greenway dedication and construction along 211 Street and a 6.0 metre greenway dedication and construction along 212 Street, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail alignment, fence and landscaping details; 5. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policy including payment of applicable greenway amenity fee; 6. Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the Director of Engineering (including securing an approximate 5.5 metre road widening for 80 Avenue, an 11 metre dedication for 81A Avenue, a 22 metre dedication tapering to 11 metres for 209 Street, a 1 metre dedication for 77A Avenue and a 15.2 metre dedication for 212 Street (measured from centreline) in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan; 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 and Development; 8. Compliance with the requirements of the Streamside Protection Bylaw and the Department of Fisheries and Oceans (DFO) with respect to: F:\data\council\2008 Agenda\02-18\Regular Agenda\cd Rezoning Application RZ100265 Development Permit DP100460 BFW Developments (Willougby Ltd).doc
REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 3 . . . 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 (where required); 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 80 Avenue, and restricting local street parking to one side only; b. Restricting development of the rowhouse lots until a Development Permit is issued for all the rowhouse lots; c. Restricting development of each phase until a servicing agreement has been completed for that phase to the acceptance of the General Manager of Engineering; 10. Compliance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan, requiring that a minimum of 5% of the units in a development shall incorporate flex and universal housing; and 11. Payment of applicable Neighbourhood Planning Administration fees, remaining Rezoning fees, Parks Design and Development Administration fee and supplemental Development Permit fees. That Council at the time of final reading of Bylaw No. 4597 authorize the issuance of Development Permit No. 100460 for the proposed single family portions of the development subject to the following condition: a)
an exterior design control agreement shall be entered into for all Residential Compact Lot (R-CL (A) and R-CL (B) zoned lands ensuring that building design and site development standards are high quality, consistent and compatible with other lots and development in accordance with Section 4.1.2.2 of the Yorkson Neighbourhood Plan including: i. no residential units shall back onto a public road or street greenway other than 212 Street between 76 and 80 Avenues; ii. Where a single family lot abuts 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; iii. Homes must have a pitched roof and shall have architectural grade roof material including ridge caps and shadow lines; and further
That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4597 in conjunction with the hearing for proposed Development Permit No. 100460.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 4 . . . EXECUTIVE SUMMARY: BFW Developments (Willoughby) Ltd. is proposing to rezone approximately 26.22 ha (64.8 acres) of land in the Southeast Phase of the Yorkson Neighbourhood Plan area to Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)) and Comprehensive Development Zones (CD-65) and (CD-66). The rezoning will facilitate a comprehensive residential development consisting of approximately 236 fee simple single family lots, 45 single family condominium strata units, 58 rowhouse lots and up to 315 townhouse units. The application is the first development proposal in the Southeast Phase of Yorkson and triggers the need for the proponent to provide an overall layout plan, elementary school and neighbourhood park sites, a community stormwater detention pond site and municipal trunk services for the Southeast Phase. A Development Permit for the site is being processed in conjunction with the rezoning application to secure an exterior design control agreement for the R-CL(A) and R-CL(B) zoned lands 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 of the townhouse, rowhouse and the stratified single family unit components of the development. The development application fully complies with the Willoughby Community Plan and the Yorkson Neighbourhood Plan. Final reading of the rezoning bylaw is contingent upon completion of the eleven (11) development prerequisites outlined in this report. PURPOSE: This report is to advise and make recommendations with respect to the initial Rezoning/Development Permit application in the Southeast phase of the Yorkson Neighbourhood of Willoughby submitted by BFW Developments (Willoughby) Ltd.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 5 . . .
ZONING BYLAW NO. 2500
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 6 . . .
SUBJECT
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 7 . . .
Dedication of environmental compensation adjacent to 81A Avenue
Preliminary Site Plan – SUBMITTED BY APPLICANT
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 8 . . . ADDITIONAL INFORMATION: REFERENCE: Owner(s):
Benchmark Management Ltd. #100 – 20120 – 64 Avenue Langley, BC Progressive Construction Ltd. 5591 No. 3 Road Richmond, BC, R.A.B. Ventures #1 Ltd. #200 – 20111 – 93A Avenue Langley, BC Phillip Alexander William Clark #5 – 4114 Smith Avenue Burnaby, BC Jin Yan Tiong 21146 – 80 Avenue Langley, BC
Applicant/Agent
BFW Development (Willoughby) Ltd. #100 20210 - 64th Avenue Langley BC
Legal Descriptions:
Lots 10 – 16 and 19 - 23 Section 24 Township 8 NWD Plan 1578 Lot 26 Section 25 Township 8 NWD Plan 1137
Location:
21095, 21051, 21005, 20965, 20939 - 77A Avenue and 20940, 20982, 21008, 21027, 21070, 21118, 21146, 21168 – 80 Avenue
Total Property Area:
26.22 ha (64.8 acres)
Existing Zoning:
Suburban Residential Zone SR-2
Proposed Zoning:
Residential Compact Lot Zones (R-CL(A), RCL(B), R-CL(RH)) and Comprehensive Development Zones (CD-65) and (CD-66)
Willoughby Community Plan:
“Mixed Residential” and “Townhouse”
Yorkson Neighbourhood Plan:
“Mixed Residential” and “Townhouse”
E.S.A. Designation:
E.S.A.# 061 – Willoughby and Willowbrook Area (Rating - #3)
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 9 . . . BACKGROUND: The subject site is the initial development proposal in the Southeast Phase of the Yorkson Neighbourhood Plan and as a result triggers Yorkson Plan requirements for ‘opening’ a development phase. The subject site is currently zoned Suburban Residential Zone SR-2 (8094m2 / 2 acre minimum lot size) and is designated ‘Mixed Residential’ (8-10 units/acre) and ‘Townhouse’ (15-25 units/acre) in the Yorkson Neighbourhood Plan. The applicant proposes to rezone the entire site and phase the development through subsequent subdivision applications for the fee simple lots and Development Permits for the townhouse units. DISCUSSION/ANALYSIS: The proponent has applied to rezone 26.22 ha (64.8 acres) of land located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), RCL(B), R-CL(RH)) and Comprehensive Development Zones (CD-65) and (CD-66) to accommodate a comprehensive residential development consisting of approximately 236 fee simple single family lots, 45 single family condominium strata units, 58 rowhouse lots and up to 315 townhouse units. Included in the development proposal is the dedication of approximately 5,160m2 (16,792ft2) of greenways and a DFO mandated fisheries compensation area. Surrounding land uses include: North: suburban residential lots (zoned Suburban Residential Zone SR-2 and designated for Mixed Residential in the amended Yorkson Neighbourhood Plan); South: 77A Avenue and suburban residential lots (zoned SR-2 and designated for Mixed Residential); East: 212 Street, beyond which is suburban residential lots (zoned SR-2 and designated for future Residential in the Willoughby Community Plan); and West: suburban residential lots (zoned SR-2 and designated for Apartments in the amended Yorkson Neighbourhood Plan). Density: The Yorkson Neighbourhood Plan designates the site as “Mixed Residential” and “Townhouse”. The plan permits a minimum 20 units/ha (8 units/acre) and a maximum of 25 units/ha (10 units/acre) for the “Mixed Residential”; and a minimum of 37 units/ha (15 units/acre) and a maximum of 62 units/ha (25 units/acre) for the “Townhouse” portion of the site. The current proposal satisfies the density requirements of the updated Yorkson Neighbourhood Plan. The “Mixed Residential” portion will result in a gross density of 9.1 units per acre. Final densities (within the 15-25 upa range) for the “Townhouse” portion will be determined through future Development Permit applications. Overall, it is expected that the townhouses will be a phased development resulting in up to a total of 315 units. Overall, the proposal meets the density requirement of the Yorkson Neighbourhood Plan.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 10 . . . Flex and Universal Housing: In accordance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan a minimum of 5% of the 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 construction that emphasizes accessibility and is engineered to adapt at minimal cost to the changing needs of occupants over their lifetime. The principles of accessibility, adaptability and affordability are applicable to the design and construction of single family dwellings, duplexes, multi-units, townhouses and even apartments, allowing residents 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 and ventilation have been incorporated into the house; • The us of energy efficient Power Smart appliances and lighting, plus a high efficiency forced-air heating system; and • Wheelchair accessibility through widened hallways and doorways, lowered countertops 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 and comfortable for everyone, young or old, whether they have a disability or not. It’s making a home for all ages. Examples include cabinets with pull-out and kitchen counters at several heights to accommodate different tasks and postures. Advance Street Plan:
In accordance with the Yorkson Neighbourhood Plan, the initial development in each phase must provide an overall layout plan for the phase that addresses roads, pedestrian links, greenways, watercourses, environmental compensation areas, land use and housing types. The layout plan is to ensure that each phase can develop in an overall comprehensive manner and is to function as an evolving guide to development. As per the Yorkson Neighbourhood Plan, prior to final reading the proponent must submit an overall layout plan to the acceptance of the General Manager of Community Development. Staff note that this plan will need to be prepared in conjunctions with other developers/property owners, the Township and DFO. School Sites: The Yorkson Neighbourhood Plan states that “The following general prerequisites must be satisfied 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 that phase 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 acre elementary school site for this phase is located on lands within the proposed development. The Township and the School District are currently working with the proponent to find a means of securing the school site. Prior to final reading the elementary school site must be secured to the acceptance of the School District. F:\data\council\2008 Agenda\02-18\Regular Agenda\cd Rezoning Application RZ100265 Development Permit DP100460 BFW Developments (Willougby Ltd).doc
REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 11 . . .
The Yorkson Neighbourhood currently falls within the Willoughby Elementary School catchment area (located on the southwest corner of 208 Street and 80 Avenue one block to the west of the subject site). In the short term, elementary students from the proposed development are expected to attend Willoughby Elementary School which has some capacity available. Yorkson students will attend it until sufficient numbers are generated to construct additional Yorkson Elementary schools. Another secondary school site to serve the Willoughby neighbourhoods is yet to be pursued as capacity exists at Mountain Secondary School. An expansion to Mountain Secondary is in the School District’s capital plan. Yorkson secondary school students will be expected to attend Mountain Secondary. Parks and Recreation: The Yorkson Neighbourhood Plan states that “The following general prerequisites must be satisfied 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 in that phase or not, must be secured to the acceptance of the Township, subject to Sections 8.2.6 and 8.2.7;…” The proposed development falls within the Southeast Phase of the Yorkson Plan. The required five acre park site for this phase is located on lands within the proposed development. The proponent and the Township are currently working towards securing the neighbourhood park site. Prior to final reading the neighbourhood park site must be secured to the acceptance of the Township. In addition to the playing fields and playground equipment located one block west at Willoughby Elementary School, the existing Willoughby neighbourhood park (located at 84 Avenue and 206 Street) is approximately 1.5 kilometers from the subject site. Development Permit: All of the Yorkson Neighbourhood Plan area is designated as a mandatory Development Permit area in the Willoughby Community Plan. Applicable is “Development Permit Area ‘B’ – Residential” which establishes objectives and guidelines for the form, character and siting of development. The primary objective of the development permit area designation is to encourage the development of attractive and safe residential areas and reduce conflict with adjacent land uses. Attachment A of this report details the specific development permit area guidelines outlined in the Plan. For the fee simple single family residential lots, the Development Permit guidelines are implemented by a Development Permit requirement that the proponent enter into an exterior design control agreement at the time of subdivision. The exterior design control agreement typically addresses the form, character and siting of individual single family homes constructed in a development.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 12 . . . For the townhouses, rowhouses and stratified single family condominium units, the Development Permit guidelines are enforced through future Development Permits. As a result, Council will have an opportunity to review the form character and siting of each development prior to building permits being issued. The Development Permit typically details the form and character of each development including siting, access, parking, landscape, tree protection/replacement, building materials, colours, building elevations and other site development items. As a condition of final reading the proponent must register a restrictive covenant restricting development of the rowhouse lots until a Development Permit is issued. Greenways: As part of the project, the applicant will be required to dedicate and construct street greenways (including a pathway and landscaping) along the 80 Avenue, 211 Street and 212 Street frontages as identified in the Yorkson Neighbourhood Plan. Forming part of the overall neighbourhood greenway network, the proponent in total will be dedicating approximately 5,160m2 (16,792ft2) of greenway. Details of the open space improvements (i.e. required landscaping and fencing including the treatment/ construction of the greenways and municipal trails) will need to be finalized to municipal standards to the acceptance of the Manager of Parks Design and Development prior to final reading of the rezoning bylaw. As a condition of final reading the proponent will be required to transfer title of the greenways to the Township and secure their construction as part of a Servicing Agreement. The Yorkson Plan previously secured greenways by means of a Bonus Density provision where an increased density would be permitted when additional public green space was provided. Instead of bonus density the updated Yorkson Neighbourhood Plan implements an “amenity charge” collected on all developments within Yorkson. Those developments that dedicate land for public open space (i.e. greenways) will be subject to the requirements of the Yorkson Greenway Amenity Zoning Policy. Prior to final reading details with respect to compensation will need to be finalized. Tree Protection/ Replacement: An Integrated Site Design Concept (ISDC) was provided by the applicant’s consultants (Arbortech). The submitted information indicates that 660 significant trees exist on the single family portion of the site, of which none are proposed to be retained. In accordance with the Township’s Tree Protection Bylaw, a total of 1,058 replacement trees are required to be planted plus approximately 294 street trees (in compliance with the Township’s Boulevard Treatment and Street Tree policy). Overall, 1,352 trees will be in place (an average of over 4.6 trees per unit) subsequent to full development of the single family portion of the site. The above data does not include the townhouse and single family strata portions of the development. The tree information for these portions will be dealt with at the individual Development Permit stage in conjunction with the on site form character and siting of the development. It is anticipated that approximately another 522 replacement trees will also need to be planted on these sites bringing the total to 1,874 trees. Final tree retention, protection, and replacement plans are subject to final acceptance by the Manager of Parks Design and Development.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 13 . . . Transit: Transit has not yet been extended into the Yorkson Neighbourhood. The road layout of the overall Yorkson development has, however, been designed to accommodate the provision of future transit routes in accordance with Translink’s operating policy/procedures. Each year Translink provides Council with the opportunity to input/comment on transit routes in the Township. Initially, transit is expected to utilize the 208 Street corridor; one block to the west. Environmental: The Township’s Streamside Protection Bylaw along with DFO Section 35 (HAAD) approval requirements apply to this development. As part of the updated Yorkson Neighbourhood Plan review a number of watercourse and drainage ditches were identified. The Township is working with DFO in the preparation of an overall environmental protection/compensation plan for the Southeast Phase and the remaining properties within the Northeast Phase. Acceptance of this plan by DFO and other items listed in the development prerequisites are required prior to final reading. Final DFO Section 35 (HAAD) approval will require BFW to provide an environmental compensation adjacent to 81A Avenue. The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the lands as forming part of the Willoughby and Willowbrook area. As part of the required Servicing Agreement, the applicant will be required to provide full urban services as well as a stormwater management plan and sediment control measures. The provision of these items in concert with Department of Fisheries and Oceans (DFO) requirements and compliance with the Township’s Tree Protection Bylaw satisfy the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. Servicing: Servicing of the Yorkson Neighbourhood was reviewed by the Engineering Division as part of the recently completed Yorkson Neighbourhood Plan update process. The development site will, prior to final reading, be required to provide full municipal services and enter into a servicing agreement in accordance with the Township’s Subdivision and Development Control Bylaw. The servicing agreement will include all municipal road and utility upgrades/extensions and a stormwater management plan including sediment control measures in accordance with the Sediment and Erosion Control Bylaw. As the applicant is proposing to phase the development, a restrictive covenant will be required to be registered, prior to final reading, restricting development of each phase until a servicing agreement is entered into for that phase. This will enable detailed servicing requirements to be dealt with on a phase by phase basis. Prior to final reading the proponent is required to provide a storm water management plan for the Southeast Phase as delineated on Map 4 of the amended Yorkson Neighbourhood Plan. Also required 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 General Manager of Engineering. The proponent may also choose to enter into a Development Works Agreement (DWA) with the Township (similar to a latecomers agreement) dealing with the recover of some front-ended servicing costs. In this case, a DWA is proposed by the applicant for the stormwater detention pond serving all of the Southeast Phase. Completion of the DWA will be required prior to final reading of the rezoning bylaw.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 14 . . . Road dedications, widenings, and necessary traffic improvements to the acceptance of the Director of Engineering (including securing an approximate 5.5 metre road widening for 80 Avenue, an 11 metre dedication for 81A Avenue, a 22 metre dedication tapering to 11 metres for 209 Street, a 1 metre dedication for 77A Avenue and a 15.2 metre dedication for 212 Street (measured from centreline) will also be required in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan prior to final reading to the acceptance of the General Manager of Engineering. Development Prerequisites: Prior to final reading of the rezoning bylaw, the following items must be finalized: 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 General Manager of Community Development; b. Transfer to the Township a five (5) acre neighbourhood park site to serve the catchment area to the acceptance of the Manager of Parks Design and Development; c. Transfer to School District No. 35 a five (5) acre elementary school site to serve the catchment area to the acceptance of the School District; and d. Provide an overall stormwater detention plan for the Southeast Yorkson Phase and transfer to the Township an adequately sized community stormwater detention pond to service the Southeast Yorkson Phase to the acceptance of the General Manager of Engineering. 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 of the General Manager of Engineering; 3. Completion of a Servicing Agreement with the Township securing required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, Yorkson Engineering Services Plan and the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering and greenway construction details to the acceptance of the Manager of Parks Design and Development; 4. Provision of a 4.5 metre greenway dedication and construction along the 80 Avenue frontage, a 4.5 metre greenway dedication and construction along 211 Street and a 6.0 metre greenway dedication and construction along 212 Street, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail alignment, fence and landscaping details; 5. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policy including payment of applicable greenway amenity fee; 6. Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the Director of Engineering (including securing an approximate 5.5 metre road widening for 80 Avenue, an 11 metre dedication for 81A Avenue, a 22 metre dedication tapering to 11 metres for 209 Street, a 1 metre dedication for 77A Avenue and a 15.2 metre dedication for 212 Street (measured from centreline) in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan;
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 15 . . . 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 and Development; 8. Compliance with the requirements of the Streamside Protection Bylaw and the Department of 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 (where required); 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: e. Prohibiting parking on 212 Street and 80 Avenue, and restricting local street parking to one side only; f. Restricting development of the rowhouse lots until a Development Permit is issued for all the rowhouse lots; g. Restricting development of each phase until a servicing agreement has been completed for that phase to the acceptance of the General Manager of Engineering; 10. Compliance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan, requiring that a minimum of 5% of the units in a development shall incorporate flex and universal housing; and 11. Payment of applicable Neighbourhood Planning Administration fees, remaining Rezoning fees, Parks Design and Development Administration fee and supplemental Development Permit fees. POLICY CONSIDERATIONS: BFW’s proposed development is located in an area designated for “Mixed Residential” and “Townhouse” purposes in both the Willoughby Community Plan and the updated Yorkson Neighbourhood Plan. The proposed development complies with the land use and density provisions of these plans, Township’s Zoning Bylaw and the Subdivision and Development Control Bylaw and Policy. Accordingly, staff recommend approval of the rezoning (subject to the 10 development prerequisites) and accompanying Development Permit No. 100460 (to be issued at time of final reading of the rezoning bylaw). Respectfully submitted, Mark Neill DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION JG
ATTACHMENT A ATTACHMENT B
Willoughby Community Plan Development Permit Area “B” – Residential Development Permit Guidelines Development Permit No. 100460 text
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 16 . . . ATTACHMENT A 4.1.2
Development Permit Area “B”– Residential
Lands identified as “Residential” on Map 7, 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: 4.1.2.1 General The following general guidelines apply to all development within Development Permit Area “B.” 4.1.2.2 Single Family Development General o
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 appearance from the road.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 17 . . . 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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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 18 . . . ATTACHMENT B THE CORPORATION OF THE TOWNSHIP OF LANGLEY Development Permit No. 100460 This Permit is issued this 1.
2.
NAME & ADDRESS:
day of
, 2008 to:
BFW Development (Willoughby) Ltd. #100 20210 - 64th Avenue Langley BC
This permit applies to and only to those lands within the Municipality described as follows and to any and all buildings, structures and other development thereon: LEGAL DESCRIPTION:
Lots 10 – 16 and 19 - 23 Section 24 Township 8 NWD Plan 1578 Lot 26 Section 25 Township 8 NWD Plan 1137 (hereinafter called the “said lands”)
CIVIC ADDRESS:
3.
This Permit is issued subject to compliance with all of the Bylaws of the Municipality of Langley applicable thereto, except as specifically varied or supplemented by this permit as follows: a)
4.
21095, 21051, 21005, 20965, 20939 - 77A Avenue and 20940, 20982, 21008, 21027, 21070, 21118, 21146, 21168 – 80 Avenue
an exterior design control agreement shall be entered into for all Residential Compact Lot (R-CL (A) and R-CL (B) zoned lands ensuring that building design and site development standards are high quality, consistent and compatible with other lots and development in accordance with Section 4.1.2.2 of the Yorkson Neighbourhood Plan including: i. no residential units shall back onto a public road or street greenway other than 212 Street between 76 and 80 Avenues; ii. Where a single family lot abuts 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; iii. Homes must have a pitched roof and shall have architectural grade roof material including ridge caps and shadow lines.
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 a Schedule 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 commenced within two years after the date the Development Permit is issued.
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REZONING APPLICATION NO. 100265 DEVELOPMENT PERMIT NO. 100460 (BFW DEVELOPMENTS (WILLOUGHBY) LTD.)
Page 19 . . . This permit shall have the force and effect of a restrictive covenant running with the land and shall come into force on the date of an authorizing resolution passed by Council. It is understood and agreed that the Municipality has made no representations, covenants, warranties, guarantees, promises or agreement (verbal or otherwise) with the developer other than those in this Permit. This Permit shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. AUTHORIZING RESOLUTION PASSED BY COUNCIL THIS , 2008.
DAY OF ______
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THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (BFW – WILLOUGHBY LTD.) BYLAW 2008 NO. 4597 EXPLANATORY NOTE Bylaw No. 4597 rezones property located at 21095, 21051, 21005, 20965, 20939 – 77A Avenue and 20940, 20982, 21008, 21027, 21070, 21118, 21146, 21168 – 80 Avenue to Residential Compact Lot Zones R-CL(A), R-CL(B), R-CL(RH) and Comprehensive Development Zones CD-65 and CD-66 to accommodate a comprehensive residential development consisting of approximately236 fee simple single family lots, 45 single family condominium strata units, 58 rowhouse lots and 315 townhouse units.
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THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (BFW – WILLOUGHBY LTD.) BYLAW 2008 NO. 4597 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 (BFW – Willoughby Ltd.) Bylaw 2008 No.4597”.
2.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended: a) by adding to Section 104.1 – Zones, the words “Comprehensive Development Zone CD-65” after the words “Comprehensive Development Zone CD-64” and the words “Comprehensive Development Zone CD-66” after the words “Comprehensive Development Zone CD-65”; b) by adding to Section 110.1 after the words “CD-64” the words “CD-65” and “1.8ha” and the words “CD-66” and “1.6ha”; c) by adding after Section 964 “Comprehensive Development Zone CD-64” and “Comprehensive Zone CD-66” the following as Sections 965 “Comprehensive Development Zone CD-65” and “Comprehensive Zone CD-66”.
965 -
COMPREHENSIVE DEVELOPMENT ZONE CD-65 Uses Permitted
965.1
In the CD-65 Zone only the following uses are permitted and all other uses are prohibited: (1) accessory buildings and uses (2) accessory home occupations subject to Section 104.3(l) (3) townhouses Residential Density
965.2
The gross density shall be not less than 37 units per hectare (15 upa) and no greater than 62 units per hectare (25 upa). Amenity Areas
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Bylaw No. 4597 Page 2 965.3
Child friendly amenity areas shall be provided in accordance with Section 111.6. Lot Coverage
965.4
Lot Coverage shall be in accordance with the provisions of the Development Permit. Siting of Buildings and Structures
965.5
Principal buildings and structures shall be sited in accordance with the provisions of the Development Permit. Height of Buildings and Structures
965.6
The height of principal buildings and structures shall be in accordance with the provisions of the Development Permit and shall not exceed three (3) storeys, whichever is lesser. Parking and Loading
965.7
Parking and loading shall be provided in accordance with Section 107. Subdivision Requirements
965.8
All lots created by subdivision shall comply with Section 110 of this Bylaw and the Township of Langley "Subdivision and Development Control Bylaw". Landscaping, Screening and Fencing
965.9
Landscaping areas, landscaping screens and fencing shall be in accordance with the provisions of a Development Permit. Development Permit Requirements
965.10
A Development Permit shall be issued by Council prior to issuance of a Building Permit.
966 -
COMPREHENSIVE DEVELOPMENT ZONE CD-66 Uses Permitted
966.1
In the CD-66 Zone only the following uses are permitted and all other uses are prohibited: (1) accessory buildings and uses (2) accessory home occupations subject to Section 104.3(l) (3) residential uses subject to section 966.2.
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Bylaw No. 4597 Page 3
Residential Uses 966.2
Residential uses shall consist of single family detached condominium strata units. Bare land strata lots are not permitted. Residential Density
966.3
Not more than forty five (45) single family detached condominium strata units shall be permitted in a CD-66 zone. Amenity Areas
966.4
Child friendly amenity areas shall be provided in accordance with Section 111.6. Lot Coverage
966.5
Lot Coverage shall be in accordance with the provisions of the Development Permit. Siting of Buildings and Structures
966.6
Principal buildings and structures shall be sited in accordance with the provisions of the Development Permit. Accessory buildings and structures shall be sited in accordance with the provisions of the R-CL (A) zone. Height of Buildings and Structures
966.7
The height of principal buildings and structures shall be in accordance with the provisions of the Development Permit and shall not exceed two and one half storeys, whichever is lesser. The height of accessory buildings and structures shall not exceed 3.75 metres or one storey, whichever is lesser. Parking and Loading
966.8
Parking and loading shall be provided in accordance with Section 107. Subdivision Requirements
966.9
All lots created by subdivision shall comply with Section 110 of this Bylaw and the Township of Langley "Subdivision and Development Control Bylaw". Landscaping, Screening and Fencing
966.10
Landscaping areas, landscaping screens and fencing shall be in accordance with the provisions of a Development Permit.
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Bylaw No. 4597 Page 4
Development Permit Requirements 966.11
3.
A Development Permit shall be issued by Council prior to issuance of a Building Permit. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lots 10 to 16 all of Section 24 Township 8 New Westminster District Plan 1578 Lots 19 to 23 all of Section 24 Township 8 New Westminster District Plan 1578 Lot 26 Section 25 Township 8 New Westminster District Plan 1137 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Compact Lot Zone (R-CL(A)), Residential Compact Lot Zone (R-CL(B)), Residential Compact Lot Zone (R-CL(RH)) and Comprehensive Development Zones (CD-65) and (CD-66).
READ A FIRST TIME the
day of
, 2008
READ A SECOND TIME the
day of
, 2008
PUBLIC HEARING HELD the
day of
, 2008
READ A THIRD TIME the
day of
, 2008
RECONSIDERED AND ADOPTED the
day of
, 2008
Mayor
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Township Clerk
Bylaw No. 4597 Page 5
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