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REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
MARCH 23, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT APPLICATION NO. 100570 (GUO / YIP)
PROPOSAL: Application by HY Engineering to rezone 4.03 ha (10.0 acres) of land in the Southeast phase of the Yorkson Neighbourhood Plan area to facilitate a mixed residential development consisting of approximately 56 single family lots, 17 rowhouse lots and 19 townhouse units. RECOMMENDATION SUMMARY: That Council give first and second reading to Bylaw No. 4730, subject to completion of twelve(12) development prerequisites and issuance of Development Permit No.100570 (with two (2) conditions) prior to final reading. RATIONALE: The proposal complies with the Willoughby Community Plan and the Yorkson Neighbourhood Plan.
REPORT: FILE:
09-32 08-24-0049
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 2 . . .
RECOMMENDATIONS: That Council give first and second reading to Bylaw No. 4730 rezoning 4.03 ha (10.0 acres) of land, located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)), Residential Zone R-1A and Comprehensive Development Zone (CD-52) to accommodate a mixed residential development consisting of approximately 56 single family lots,17 rowhouse lots and 19 townhouses, 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 Director of Community Development; b) Secure to the acceptance of Township a five (5) acre neighbourhood park site to serve the catchment area; c) Secure to the acceptance of the School District No. 35 a five (5) acre elementary school site to serve the catchment area; 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 Director of Community Development; 3. Completion of a Servicing Agreement with the Township securing required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, and Yorkson Engineering Services Plan, to the acceptance of the General Manager of Engineering, and completion of an erosion and sediment control plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering, and greenway construction details to the acceptance of the Manager of Parks Design and Development; 4. Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the General Manager of Engineering including securing an ultimate 76 Avenue road width of 22.0 metres, and an additional 1.0 metre dedication for 77A Avenue in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan; 5. Provision of a 15.0 metre ecological greenway (average width) dedication and construction along the southern half of the western boundary of Lot 26 and a 4.5 metre street greenway dedication on the south side of 76 Avenue, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail alignment, fence and landscaping details; 6. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policy including payment of applicable greenway amenity fee; 7. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No. 4470 including provision of a final tree management plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design and Development;
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 3 . . . 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 in accordance with the Yorkson Neighbourhood Plan and the required overall environmental protection/compensation plan; c) Registration of non-disturbance restrictive covenants (where required); d) A Section 35 (HAAD) authorization being obtained (where required); 9. Registration of restrictive covenants acceptable to the Township: a) Prohibiting construction on proposed Lots 21, 22 and 58 until such time as 211 Street, including all associated utilities, is constructed between 76 Avenue to the South and 77A Avenue to the north; b) Restricting number of townhouse units to a maximum of 19 in the Comprehensive Development Zone (CD-52); c) Requiring that no vegetation be removed or disturbed on the townhouse site (except where necessary for installation of utilities, roads, municipal trails and fisheries works) until a Development Permit is issued outlining tree retention, protection and replacement details; and d) Restricting development of any rowhouse lot until a Development Permit is issued for all the rowhouse lots; 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 incorporate flex and universal housing; 11. Completion of an as-found report for 21022 – 77A Avenue (Ernest Ibbotson House) to the satisfaction of the Heritage Planner; and 12. Payment of applicable Neighbourhood Planning Administration fees, supplemental Rezoning and Development Permit fees, Site Servicing Review fee, ISDC review fee, and compliance with the Township’s 5% Neighbourhood Park Land Acquisition Policy. That Council at the time of final reading of Bylaw No. 4730 authorize the issuance of Development Permit No. 100570 for the proposed single family portions of the development subject to the following conditions: a)
b)
An exterior design control agreement shall be entered into ensuring that building design and site development standards are high quality, consistent and compatible with other lots and development in accordance with Section 4.2.1 of the Yorkson Neighbourhood Plan; In order to accommodate tree retention the required front and rear yard setbacks on lots 41, 42, 43, 63 and 64 are modified as follows: i) For Lots 41 and 43 front yard setbacks are reduced to 2.0 m and rear yard setbacks are increased to 6.5 m ii) For Lot 42 front yard setback is reduced to 1.5 m and rear yard setback is increased to 7.8 m iii) For Lots 63 and 64 front yard setbacks are increased to 3.0 m and rear yard setbacks are reduced to 5.5 m; and further
That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4730 in conjunction with the hearing for proposed Development Permit No. 100570.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 4 . . . EXECUTIVE SUMMARY: HY Engineering proposes to rezone approximately 4.03 ha (10.0 acres) of land in the Southeast Phase of the Yorkson Neighbourhood Plan area to Residential Compact Lot Zones (R-CL(A), RCL(B), R-CL(RH)), Residential Zone R-1A and Comprehensive Development Zone (CD-52). The rezoning will facilitate a mixed residential development consisting of approximately 56 single family lots, 17 rowhouse lots and 19 townhouses. Prior to any application being approved in the Southeast Phase of Yorkson an overall layout plan, elementary school and neighbourhood park sites, a community stormwater detention pond site and municipal trunk services must first be provided. A Development Permit for the site is being processed in conjunction with the rezoning application to secure an exterior design control agreement for the single family lots at the time of subdivision. A future Development Permit (yet to be applied for) will provide Council with the opportunity to review the form, character and siting on the rowhouse and townhouse sites. The development application complies with the Willoughby Community Plan and the Yorkson Neighbourhood Plan. Final reading of the rezoning bylaw is contingent upon completion of the twelve (12) development prerequisites outlined in this report. PURPOSE: This report is to advise and make recommendations with respect to Rezoning Bylaw No. 4730 and Development Permit No. 100570 in the Yorkson Neighbourhood of Willoughby.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 5 . . .
ZONING BYLAW NO. 2500
Subjects
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 6 . . .
YORKSON PLAN
SUBJECT
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 7 . . . PRELIMINARY SUBDIVISION PLAN
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 8 . . . ADDITIONAL INFORMATION: Reference: Owner :
Guo Dihua 21022 - 77A Avenue Langley BC V2Y 2E6 Yip Jay Fong 21052 - 77A Avenue Langley BC V2Y 2E6
Agent:
HY Engineering 200 - 9128 – 152 Street Surrey, BC V3R 4E7
Legal Description:
Lots 26 and 27 both of Section 24 Township 8 New Westminster District Plan 1578 PIDS: 012-244-821 & 003-672-875
Location:
21022 and 21052- 77A Avenue
Area:
4.03 hectares (10.0 acres)
Existing Zoning:
Suburban Residential Zone SR-2
Proposed Zoning:
Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)), Residential Zone R-1A, and Comprehensive Development Zone (CD52)
Willoughby Community Plan
“Mixed Residential”
Yorkson Neighbourhood Plan:
Mixed Residential permitting 8-10 units per acre
E.S.A Designation:
North Half: 061 – Willoughby and Willowbrook Area (Rating – 3) South Half: 062 – Tara Farms (Rating – 1)
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 9 . . . BACKGROUND: 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) in the “Southeast Phase” of the Yorkson Neighbourhood Plan. The Yorkson Plan sets out a number of requirements that must be addressed before ‘opening’ a development phase. There have been several previous applications in the Southeast Phase that are likely to achieve final reading before this application completes, thereby satisfying these plan requirements. However, if these existing applications do not proceed, the applicant will be responsible for satisfying these conditions prior to final adoption of the rezoning bylaw. DISCUSSION/ANALYSIS: The proponent has applied to rezone 4.03 ha (10.0 acres) of land located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), RCL(B), R-CL(RH), Residential Zone R-1A, and Comprehensive Development (CD-52) to accommodate a mixed residential development consisting of approximately 56 single family lots 17 rowhouses and 19 townhouse units. Included in the development proposal is the dedication of approximately 3,196m2 (34,402ft2) of greenways and environmental areas. Surrounding land uses include: North:
77A Avenue and suburban residential lots zoned SR-2 and designated for Mixed Residential, but proposed to be the future location of the neighbourhood park; Tara Farms property in the ALR but the subject of a “special study area” in the North East Gordon Estates Neighbourhood Plan suburban residential lots zoned Suburban Residential Zone SR-2 and designated for Mixed Residential in the Yorkson Neighbourhood Plan); and suburban residential lots zoned Suburban Residential Zone SR-2 and designated for Townhouses in the Yorkson Neighbourhood Plan);
South: East: West: Density:
The Yorkson Neighbourhood Plan designates the site as “Mixed Residential”. 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”. The current proposal satisfies the density requirements of the Yorkson Neighbourhood Plan. The proposal results in an overall density of 10 units per acre. Flex and Universal Housing: In accordance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan a minimum of 5% 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;
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 10 . . . • 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 functions as an evolving guide to development. A previous rezoning application has already provided an advance street plan to staff’s acceptance. The proposed development complies with this accepted plan. 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 immediately to the north also under application (BFW Developments). Prior to final reading the elementary school site must be secured to the acceptance of the School District. The Yorkson Neighbourhood currently falls within the catchment area of Willoughby Elementary School (located on the southwest corner of 208 Street and 80 Avenue). In the short term, elementary students from the proposed development are expected to attend Willoughby Elementary School (which has some capacity available). Yorkson students will attend it until sufficient numbers are generated to construct additional elementary schools in the Yorkson Plan area. Another secondary school site to serve the Willoughby neighbourhoods is yet to be pursued 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.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 11 . . . 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…”
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 immediately to the north (BFW Developments). Prior to final reading the neighbourhood park site must be secured to the acceptance of the Township. Playing fields and playground equipment are located approximately 1 kilometre from the subject site at the Willoughby Elementary School, and approximately 2 kilometres from the subject site at the Willoughby neighbourhood park (located at 84 Avenue and 206 Street). Development Permit: All of the Yorkson Neighbourhood Plan area is designated as a mandatory Development 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 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. The Development Permit in this case also varies the front and rear yard setbacks for Lots, 41, 42, 43, 63, and 64 in order to facilitate the retention of three (3) significant trees located on these lots. For the rowhouses and townhouses, the Development Permit guidelines will be enforced through future Development Permit applications, at which time Council will have an opportunity to review the form, character and siting matters prior to building permits being issued. The Development Permit typically details the form and character of each development including siting, access, parking, landscape, Child Friendly Amenity area, tree protection/replacement, building materials, colours, building elevations and other site development items. As a condition of final reading the proponent must register a restrictive covenant prohibiting development of the rowhouse lots until such time as a Development Permit has been issued.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 12 . . . Heritage: The Yorkson Neighbourhood Plan review process created an inventory of heritage structures within Yorkson. One of the homes on the subject site identified as having heritage value is the Ernest Ibbotson house located at 21022 – 77A Avenue. The Yorkson Plan indicates that preservation of the home is encouraged, however, if it must be demolished an ‘as-found’ report is to be prepared prior to demolition to the acceptance of the Heritage Planner. The proponent has elected to remove the home and will be required to submit an “as-found” report to the acceptance of the Heritage Planner prior to final reading. Greenways: As part of the project, the applicant will be required to dedicate and construct a street greenway (including a pathway and landscaping) along 76 Avenue as identified in the Yorkson Neighbourhood Plan. Forming part of the overall neighbourhood greenway network, the proponent will be dedicating approximately 139 m2 (1496 ft2) of street greenway. In addition to the street greenway the applicant is also required to dedicate roughly 1475 m2 (15,880 ft2) for the Yorkson Ecological 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. Prior to final reading details with respect to payment and/or compensation must be finalized. Environmental: The Township’s Streamside Protection Bylaw and 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 including a yellow coded watercourse running across the south western corner of the site. As this watercourse will be impacted by the construction of 76 Avenue, it will be reconstructed to the north in a 1600 m2 (17,200ft2) environmental compensation area that is to be appended to the Ecological Greenway corridor. The Township is working with DFO in the preparation of an overall environmental protection/compensation plan for the Southeast Phase including this reconstructed watercourse and compensation area; approval of this plan by DFO is required prior to final reading. The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the north half of the lands as forming part of the Willoughby and Willowbrook area and the south half of the lands as forming part of Tara Farms. 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.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 13 . . . Tree Protection/ Replacement: An Integrated Site Design Concept (ISDC) was provided by the applicant’s consultants (Frogger Tree Consultants Ltd., HY Engineering Ltd.) The townhouse site will not be constructed until a future Development Permit is granted, therefore, tree protection details will be deferred to the DP stage for this lot. A non-disturbance restrictive covenant is to be registered against the title of proposed Lot 74 to ensure existing trees remain until such time as a DP has been issued for the townhouse site. The submitted tree management information for the remainder of the development site indicates that 192 significant trees exist on the subject site, of which nine (9) are proposed to be retained. Three of these nine retained trees require front and rear yard setback variances allow for their retention. In accordance with the Township’s Tree Protection Bylaw, a total of 231 replacement trees are required to be planted. Of these 120 are proposed to be planted on-site and 111 offsite. In addition to the on-site trees approximately 73 street trees (in compliance with the Township’s Boulevard Treatment and Street Tree policy) are required. Overall, 304 trees will be in place (an average of 4.16 trees per unit) subsequent to development of the subject site. Final tree retention, protection, and replacement plans are subject to final acceptance by the Manager of Parks Design and Development. 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, three blocks to the west. Servicing: Servicing of the Yorkson Neighbourhood was reviewed by the Engineering Division as part of the recently completed Yorkson Neighbourhood Plan update process. The applicant will, prior to final reading, be required to provide full municipal services and enter into a servicing 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 Subdivision and Development Control Bylaw, and the Erosion and Sediment Control Bylaw. Prior to final reading the required storm water management plan for the Southeast Phase as delineated on Map 4 of the amended Yorkson Neighbourhood Plan must be provided. 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. If necessary, the proponent may choose to enter into a Development Works Agreement (DWA) with the Township (similar to a latecomers agreement) dealing with the recovery of some front-end servicing costs. Completion of the DWA will be required prior to final reading of the rezoning bylaw. Road dedications, widenings, and necessary traffic improvements including securing an additional 1.0 metre dedication along 77A Avenue and a up to a 22.0 metre dedication for 76 Avenue 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.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 14 . . . Development Prerequisites: 1.
In accordance with Yorkson Neighbourhood Plan requirements: Provide an overall layout plan for the Southeast Yorkson Phase including roads, greenways, environmental setbacks and land use to the acceptance of the Director of Community Development; b) Secure to the acceptance of Township a five (5) acre neighbourhood park site to serve the catchment area; c) Secure to the acceptance of the School District No. 35 a five (5) acre elementary school site to serve the catchment area; 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; a)
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 Director of Community Development; 3. Completion of a Servicing Agreement with the Township securing required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, and Yorkson Engineering Services Plan, to the acceptance of the General Manager of Engineering, and completion of an erosion and sediment control plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering, and greenway construction details to the acceptance of the Manager of Parks Design and Development; 4. Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the General Manager of Engineering including securing an ultimate 76 Avenue road width of 22.0 metres, and an additional 1.0 metre dedication for 77A Avenue in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan; 5. Provision of a 15.0 metre ecological greenway (average width) dedication and construction along the southern half of the western boundary of Lot 26 and a 4.5 metre street greenway dedication on the south side of 76 Avenue, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail alignment, fence and landscaping details; 6. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policy including payment of applicable greenway amenity fee; 7. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No. 4470 including provision of a final tree management plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design 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 in accordance with the Yorkson Neighbourhood Plan and the required overall environmental protection/compensation plan; c) Registration of non-disturbance restrictive covenants (where required);
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 15 . . . d)
A Section 35 (HAAD) authorization being obtained (where required);
9. Registration of restrictive covenants acceptable to the Township: a) prohibiting construction on proposed Lots 21, 22 and 58 until such time as 211 Street, including all associated utilities, is constructed between 76 Avenue to the South and 77A Avenue to the north; b) restricting number of townhouse units to a maximum of 19 in the Comprehensive Development Zone (CD-52); c) requiring that no vegetation be removed or disturbed on the townhouse site (except where necessary for installation of utilities, roads, municipal trails and fisheries works) until a Development Permit is issued outlining tree retention, protection and replacement details; and d) restricting development of any rowhouse lot until a Development Permit is issued for all the rowhouse lots; 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 incorporate flex and universal housing; 11. Completion of an as-found report for 21022 – 77A Avenue (Ernest Ibbotson House) to the satisfaction of the Heritage Planner; and 12. Payment of applicable Neighbourhood Planning Administration fees, supplemental Rezoning and Development Permit fees, Site Servicing Review fee, ISDC review fee, and compliance with the Township’s 5% Neighbourhood Park Land Acquisition Policy. POLICY CONSIDERATIONS: The proposed development is located in an area designated for “Mixed Residential” 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, which allow mixed residential uses, (single family compact lots, rowhouses and townhouses) at a density between 8 and 10 upa, as well as with the Township’s Zoning Bylaw and the Subdivision and Development Control Bylaw and Policy. Accordingly, staff recommend that Council give First and Second Readings to Bylaw No. 4730 (subject to the twelve (12) development prerequisites) and authorize issuance of the accompanying Development Permit No. 100570 (to be issued at time of final reading of the rezoning bylaw), and authorize staff to schedule the required Public Hearing. Respectfully submitted,
Mike Newall DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION
ATTACHMENT A ATTACHMENT B
Development Permit Guidelines Development Permit No. 100570
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 16 . . . ATTACHMENT A
Section 1.01 4.1.2
Development Permit Area “B” – Residential
Lands identified as “Residential” on Map 4, Development Permit Areas are hereby designated as development permit areas under Section 919.1(1)(e) and (f) of the Local Government Act to establish objectives and provide guidelines for the form and character of intensive and multi family residential development. The objective of this development permit area designation is to encourage development of attractive and safe multi family areas. Unless the owner first obtains a development permit, land within this development permit area shall not be subdivided, and construction of, addition to or alteration of a multi family dwelling (including a townhouse, rowhouse, apartment, duplex, triplex or fourplex) must not be started. Development permit guidelines are as follows:
Section 1.02 4.1.2.1 General The following general guidelines apply to all development within Development Permit Area “B.”
Section 1.03 4.1.2.2 Single Family Development 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.
Building Form o
Pitched roofs are required. Pitched roofs shall have architectural grade roof material, including ridge caps and shadow lines.
ATTACHMENT B THE CORPORATION OF THE TOWNSHIP OF LANGLEY Development Permit No. 100570 This Permit is issued this __________day of _________________, 2009 to: 1.
NAME & ADDRESS:
Guo Dihua 21022 - 77A Avenue Langley BC V2Y 2E6 Yip Jay Fong 21052 - 77A Avenue Langley BC V2Y 2E6
2.
3.
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:
Lot 26 and 27 Both of Section 24 Township 8 New Westminster District Plan 1578
CIVIC ADDRESS:
21022 and 21052 - 77A Avenue
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)
b)
4.
an exterior design control agreement shall be entered into ensuring that building design and site development standards are high quality, consistent and compatible with other lots and development in accordance with Section 4.2.1 of the Yorkson Neighbourhood Plan; in order to accommodate tree retention the required front and rear yard setbacks on lots 41, 42, 43, 63 and 64 are modified as follows: i) for Lots 41 and 43 front yard setbacks are reduced to 2.0 m and rear yard setbacks are increased to 6.5 m ii) for Lot 42 front yard setback is reduced to 1.5 m and rear yard setback is increased to 7.8 m iii) for Lots 63 and 64 front yard setbacks are increased to 3.0 m and rear yard setbacks are reduced to 5.5 m
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. 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.
GUO / YIP Development Permit No. 100570 Page 2
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 ____ DAY OF ________, 2009.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (GUO - YIP) BYLAW 2009 NO. 4730 EXPLANATORY NOTE Bylaw No. 4730 rezones property located at 21022 and 21052 – 77A Avenue to Residential Compact Lot Zone R-CL (A), Residential Compact Lot Zone R-CL (B), Residential Compact Lot Zone R-CL (RH), Residential Zone R1-A, and Comprehensive Development Zone CD-52 to accommodate the subdivision of approximately fifty six (56) fee simple single family lots, 17 rowhouse lots and 19 townhouse units
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (GUO - YIP) BYLAW 2009 NO. 4730 A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500 WHEREAS it is deemed necessary and desirable to amend “Township of Langley 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 (Guo - Yip) Bylaw 2009 No.4730”.
2.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended: a) by adding after Sub-Section 952.10 “Development Permit Requirements ” the following as Sub-Section 952.11 “Community Amenity Policy”. Community Amenity Policy
952.11 3.
All developments shall comply with the Township’s Greenway Amenity Zoning Policy and Neighbourhood Park Land Policy. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lot 26 Section 24 Township 8 New Westminster District Plan 1578 Lot 27 Section 24 Township 8 New Westminster District Plan 1578 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Compact Lot Zone (R-CL(A)), Residential Compact Lot Zone (R-CL(B)), Residential Compact Lot Zone (R-CL(RH)) Residential Zone R1-A, and Comprehensive Development Zone (CD-52).
READ A FIRST TIME the
day of
, 2009
READ A SECOND TIME the
day of
, 2009
PUBLIC HEARING HELD the
day of
, 2009
READ A THIRD TIME the
day of
, 2009
RECONSIDERED AND ADOPTED the
day of
,
Mayor
Deputy Township Clerk
Bylaw No. 4730 Page 2
PRESENTED: FROM: SUBJECT:
MARCH 23, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT APPLICATION NO. 100570 (GUO / YIP)
PROPOSAL: Application by HY Engineering to rezone 4.03 ha (10.0 acres) of land in the Southeast phase of the Yorkson Neighbourhood Plan area to facilitate a mixed residential development consisting of approximately 56 single family lots, 17 rowhouse lots and 19 townhouse units. RECOMMENDATION SUMMARY: That Council give first and second reading to Bylaw No. 4730, subject to completion of twelve(12) development prerequisites and issuance of Development Permit No.100570 (with two (2) conditions) prior to final reading. RATIONALE: The proposal complies with the Willoughby Community Plan and the Yorkson Neighbourhood Plan.
REPORT: FILE:
09-32 08-24-0049
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 2 . . .
RECOMMENDATIONS: That Council give first and second reading to Bylaw No. 4730 rezoning 4.03 ha (10.0 acres) of land, located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)), Residential Zone R-1A and Comprehensive Development Zone (CD-52) to accommodate a mixed residential development consisting of approximately 56 single family lots,17 rowhouse lots and 19 townhouses, 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 Director of Community Development; b) Secure to the acceptance of Township a five (5) acre neighbourhood park site to serve the catchment area; c) Secure to the acceptance of the School District No. 35 a five (5) acre elementary school site to serve the catchment area; 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 Director of Community Development; 3. Completion of a Servicing Agreement with the Township securing required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, and Yorkson Engineering Services Plan, to the acceptance of the General Manager of Engineering, and completion of an erosion and sediment control plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering, and greenway construction details to the acceptance of the Manager of Parks Design and Development; 4. Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the General Manager of Engineering including securing an ultimate 76 Avenue road width of 22.0 metres, and an additional 1.0 metre dedication for 77A Avenue in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan; 5. Provision of a 15.0 metre ecological greenway (average width) dedication and construction along the southern half of the western boundary of Lot 26 and a 4.5 metre street greenway dedication on the south side of 76 Avenue, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail alignment, fence and landscaping details; 6. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policy including payment of applicable greenway amenity fee; 7. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No. 4470 including provision of a final tree management plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design and Development;
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 3 . . . 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 in accordance with the Yorkson Neighbourhood Plan and the required overall environmental protection/compensation plan; c) Registration of non-disturbance restrictive covenants (where required); d) A Section 35 (HAAD) authorization being obtained (where required); 9. Registration of restrictive covenants acceptable to the Township: a) Prohibiting construction on proposed Lots 21, 22 and 58 until such time as 211 Street, including all associated utilities, is constructed between 76 Avenue to the South and 77A Avenue to the north; b) Restricting number of townhouse units to a maximum of 19 in the Comprehensive Development Zone (CD-52); c) Requiring that no vegetation be removed or disturbed on the townhouse site (except where necessary for installation of utilities, roads, municipal trails and fisheries works) until a Development Permit is issued outlining tree retention, protection and replacement details; and d) Restricting development of any rowhouse lot until a Development Permit is issued for all the rowhouse lots; 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 incorporate flex and universal housing; 11. Completion of an as-found report for 21022 – 77A Avenue (Ernest Ibbotson House) to the satisfaction of the Heritage Planner; and 12. Payment of applicable Neighbourhood Planning Administration fees, supplemental Rezoning and Development Permit fees, Site Servicing Review fee, ISDC review fee, and compliance with the Township’s 5% Neighbourhood Park Land Acquisition Policy. That Council at the time of final reading of Bylaw No. 4730 authorize the issuance of Development Permit No. 100570 for the proposed single family portions of the development subject to the following conditions: a)
b)
An exterior design control agreement shall be entered into ensuring that building design and site development standards are high quality, consistent and compatible with other lots and development in accordance with Section 4.2.1 of the Yorkson Neighbourhood Plan; In order to accommodate tree retention the required front and rear yard setbacks on lots 41, 42, 43, 63 and 64 are modified as follows: i) For Lots 41 and 43 front yard setbacks are reduced to 2.0 m and rear yard setbacks are increased to 6.5 m ii) For Lot 42 front yard setback is reduced to 1.5 m and rear yard setback is increased to 7.8 m iii) For Lots 63 and 64 front yard setbacks are increased to 3.0 m and rear yard setbacks are reduced to 5.5 m; and further
That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4730 in conjunction with the hearing for proposed Development Permit No. 100570.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 4 . . . EXECUTIVE SUMMARY: HY Engineering proposes to rezone approximately 4.03 ha (10.0 acres) of land in the Southeast Phase of the Yorkson Neighbourhood Plan area to Residential Compact Lot Zones (R-CL(A), RCL(B), R-CL(RH)), Residential Zone R-1A and Comprehensive Development Zone (CD-52). The rezoning will facilitate a mixed residential development consisting of approximately 56 single family lots, 17 rowhouse lots and 19 townhouses. Prior to any application being approved in the Southeast Phase of Yorkson an overall layout plan, elementary school and neighbourhood park sites, a community stormwater detention pond site and municipal trunk services must first be provided. A Development Permit for the site is being processed in conjunction with the rezoning application to secure an exterior design control agreement for the single family lots at the time of subdivision. A future Development Permit (yet to be applied for) will provide Council with the opportunity to review the form, character and siting on the rowhouse and townhouse sites. The development application complies with the Willoughby Community Plan and the Yorkson Neighbourhood Plan. Final reading of the rezoning bylaw is contingent upon completion of the twelve (12) development prerequisites outlined in this report. PURPOSE: This report is to advise and make recommendations with respect to Rezoning Bylaw No. 4730 and Development Permit No. 100570 in the Yorkson Neighbourhood of Willoughby.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 5 . . .
ZONING BYLAW NO. 2500
Subjects
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 6 . . .
YORKSON PLAN
SUBJECT
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 7 . . . PRELIMINARY SUBDIVISION PLAN
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 8 . . . ADDITIONAL INFORMATION: Reference: Owner :
Guo Dihua 21022 - 77A Avenue Langley BC V2Y 2E6 Yip Jay Fong 21052 - 77A Avenue Langley BC V2Y 2E6
Agent:
HY Engineering 200 - 9128 – 152 Street Surrey, BC V3R 4E7
Legal Description:
Lots 26 and 27 both of Section 24 Township 8 New Westminster District Plan 1578 PIDS: 012-244-821 & 003-672-875
Location:
21022 and 21052- 77A Avenue
Area:
4.03 hectares (10.0 acres)
Existing Zoning:
Suburban Residential Zone SR-2
Proposed Zoning:
Residential Compact Lot Zones (R-CL(A), R-CL(B), R-CL(RH)), Residential Zone R-1A, and Comprehensive Development Zone (CD52)
Willoughby Community Plan
“Mixed Residential”
Yorkson Neighbourhood Plan:
Mixed Residential permitting 8-10 units per acre
E.S.A Designation:
North Half: 061 – Willoughby and Willowbrook Area (Rating – 3) South Half: 062 – Tara Farms (Rating – 1)
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 9 . . . BACKGROUND: 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) in the “Southeast Phase” of the Yorkson Neighbourhood Plan. The Yorkson Plan sets out a number of requirements that must be addressed before ‘opening’ a development phase. There have been several previous applications in the Southeast Phase that are likely to achieve final reading before this application completes, thereby satisfying these plan requirements. However, if these existing applications do not proceed, the applicant will be responsible for satisfying these conditions prior to final adoption of the rezoning bylaw. DISCUSSION/ANALYSIS: The proponent has applied to rezone 4.03 ha (10.0 acres) of land located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), RCL(B), R-CL(RH), Residential Zone R-1A, and Comprehensive Development (CD-52) to accommodate a mixed residential development consisting of approximately 56 single family lots 17 rowhouses and 19 townhouse units. Included in the development proposal is the dedication of approximately 3,196m2 (34,402ft2) of greenways and environmental areas. Surrounding land uses include: North:
77A Avenue and suburban residential lots zoned SR-2 and designated for Mixed Residential, but proposed to be the future location of the neighbourhood park; Tara Farms property in the ALR but the subject of a “special study area” in the North East Gordon Estates Neighbourhood Plan suburban residential lots zoned Suburban Residential Zone SR-2 and designated for Mixed Residential in the Yorkson Neighbourhood Plan); and suburban residential lots zoned Suburban Residential Zone SR-2 and designated for Townhouses in the Yorkson Neighbourhood Plan);
South: East: West: Density:
The Yorkson Neighbourhood Plan designates the site as “Mixed Residential”. 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”. The current proposal satisfies the density requirements of the Yorkson Neighbourhood Plan. The proposal results in an overall density of 10 units per acre. Flex and Universal Housing: In accordance with Section 4.2.1(9) of the Yorkson Neighbourhood Plan a minimum of 5% 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;
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 10 . . . • 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 functions as an evolving guide to development. A previous rezoning application has already provided an advance street plan to staff’s acceptance. The proposed development complies with this accepted plan. 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 immediately to the north also under application (BFW Developments). Prior to final reading the elementary school site must be secured to the acceptance of the School District. The Yorkson Neighbourhood currently falls within the catchment area of Willoughby Elementary School (located on the southwest corner of 208 Street and 80 Avenue). In the short term, elementary students from the proposed development are expected to attend Willoughby Elementary School (which has some capacity available). Yorkson students will attend it until sufficient numbers are generated to construct additional elementary schools in the Yorkson Plan area. Another secondary school site to serve the Willoughby neighbourhoods is yet to be pursued 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.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 11 . . . 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…”
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 immediately to the north (BFW Developments). Prior to final reading the neighbourhood park site must be secured to the acceptance of the Township. Playing fields and playground equipment are located approximately 1 kilometre from the subject site at the Willoughby Elementary School, and approximately 2 kilometres from the subject site at the Willoughby neighbourhood park (located at 84 Avenue and 206 Street). Development Permit: All of the Yorkson Neighbourhood Plan area is designated as a mandatory Development 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 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. The Development Permit in this case also varies the front and rear yard setbacks for Lots, 41, 42, 43, 63, and 64 in order to facilitate the retention of three (3) significant trees located on these lots. For the rowhouses and townhouses, the Development Permit guidelines will be enforced through future Development Permit applications, at which time Council will have an opportunity to review the form, character and siting matters prior to building permits being issued. The Development Permit typically details the form and character of each development including siting, access, parking, landscape, Child Friendly Amenity area, tree protection/replacement, building materials, colours, building elevations and other site development items. As a condition of final reading the proponent must register a restrictive covenant prohibiting development of the rowhouse lots until such time as a Development Permit has been issued.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 12 . . . Heritage: The Yorkson Neighbourhood Plan review process created an inventory of heritage structures within Yorkson. One of the homes on the subject site identified as having heritage value is the Ernest Ibbotson house located at 21022 – 77A Avenue. The Yorkson Plan indicates that preservation of the home is encouraged, however, if it must be demolished an ‘as-found’ report is to be prepared prior to demolition to the acceptance of the Heritage Planner. The proponent has elected to remove the home and will be required to submit an “as-found” report to the acceptance of the Heritage Planner prior to final reading. Greenways: As part of the project, the applicant will be required to dedicate and construct a street greenway (including a pathway and landscaping) along 76 Avenue as identified in the Yorkson Neighbourhood Plan. Forming part of the overall neighbourhood greenway network, the proponent will be dedicating approximately 139 m2 (1496 ft2) of street greenway. In addition to the street greenway the applicant is also required to dedicate roughly 1475 m2 (15,880 ft2) for the Yorkson Ecological 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. Prior to final reading details with respect to payment and/or compensation must be finalized. Environmental: The Township’s Streamside Protection Bylaw and 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 including a yellow coded watercourse running across the south western corner of the site. As this watercourse will be impacted by the construction of 76 Avenue, it will be reconstructed to the north in a 1600 m2 (17,200ft2) environmental compensation area that is to be appended to the Ecological Greenway corridor. The Township is working with DFO in the preparation of an overall environmental protection/compensation plan for the Southeast Phase including this reconstructed watercourse and compensation area; approval of this plan by DFO is required prior to final reading. The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the north half of the lands as forming part of the Willoughby and Willowbrook area and the south half of the lands as forming part of Tara Farms. 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.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 13 . . . Tree Protection/ Replacement: An Integrated Site Design Concept (ISDC) was provided by the applicant’s consultants (Frogger Tree Consultants Ltd., HY Engineering Ltd.) The townhouse site will not be constructed until a future Development Permit is granted, therefore, tree protection details will be deferred to the DP stage for this lot. A non-disturbance restrictive covenant is to be registered against the title of proposed Lot 74 to ensure existing trees remain until such time as a DP has been issued for the townhouse site. The submitted tree management information for the remainder of the development site indicates that 192 significant trees exist on the subject site, of which nine (9) are proposed to be retained. Three of these nine retained trees require front and rear yard setback variances allow for their retention. In accordance with the Township’s Tree Protection Bylaw, a total of 231 replacement trees are required to be planted. Of these 120 are proposed to be planted on-site and 111 offsite. In addition to the on-site trees approximately 73 street trees (in compliance with the Township’s Boulevard Treatment and Street Tree policy) are required. Overall, 304 trees will be in place (an average of 4.16 trees per unit) subsequent to development of the subject site. Final tree retention, protection, and replacement plans are subject to final acceptance by the Manager of Parks Design and Development. 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, three blocks to the west. Servicing: Servicing of the Yorkson Neighbourhood was reviewed by the Engineering Division as part of the recently completed Yorkson Neighbourhood Plan update process. The applicant will, prior to final reading, be required to provide full municipal services and enter into a servicing 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 Subdivision and Development Control Bylaw, and the Erosion and Sediment Control Bylaw. Prior to final reading the required storm water management plan for the Southeast Phase as delineated on Map 4 of the amended Yorkson Neighbourhood Plan must be provided. 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. If necessary, the proponent may choose to enter into a Development Works Agreement (DWA) with the Township (similar to a latecomers agreement) dealing with the recovery of some front-end servicing costs. Completion of the DWA will be required prior to final reading of the rezoning bylaw. Road dedications, widenings, and necessary traffic improvements including securing an additional 1.0 metre dedication along 77A Avenue and a up to a 22.0 metre dedication for 76 Avenue 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.
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 14 . . . Development Prerequisites: 1.
In accordance with Yorkson Neighbourhood Plan requirements: Provide an overall layout plan for the Southeast Yorkson Phase including roads, greenways, environmental setbacks and land use to the acceptance of the Director of Community Development; b) Secure to the acceptance of Township a five (5) acre neighbourhood park site to serve the catchment area; c) Secure to the acceptance of the School District No. 35 a five (5) acre elementary school site to serve the catchment area; 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; a)
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 Director of Community Development; 3. Completion of a Servicing Agreement with the Township securing required road and utility upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw, and Yorkson Engineering Services Plan, to the acceptance of the General Manager of Engineering, and completion of an erosion and sediment control plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the General Manager of Engineering, and greenway construction details to the acceptance of the Manager of Parks Design and Development; 4. Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the General Manager of Engineering including securing an ultimate 76 Avenue road width of 22.0 metres, and an additional 1.0 metre dedication for 77A Avenue in accordance with the Township’s Subdivision and Development Control Bylaw No. 3650 and the Yorkson Neighbourhood Plan; 5. Provision of a 15.0 metre ecological greenway (average width) dedication and construction along the southern half of the western boundary of Lot 26 and a 4.5 metre street greenway dedication on the south side of 76 Avenue, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail alignment, fence and landscaping details; 6. Compliance with the requirements of the Yorkson Greenway Amenity Zoning Policy including payment of applicable greenway amenity fee; 7. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No. 4470 including provision of a final tree management plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design 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 in accordance with the Yorkson Neighbourhood Plan and the required overall environmental protection/compensation plan; c) Registration of non-disturbance restrictive covenants (where required);
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 15 . . . d)
A Section 35 (HAAD) authorization being obtained (where required);
9. Registration of restrictive covenants acceptable to the Township: a) prohibiting construction on proposed Lots 21, 22 and 58 until such time as 211 Street, including all associated utilities, is constructed between 76 Avenue to the South and 77A Avenue to the north; b) restricting number of townhouse units to a maximum of 19 in the Comprehensive Development Zone (CD-52); c) requiring that no vegetation be removed or disturbed on the townhouse site (except where necessary for installation of utilities, roads, municipal trails and fisheries works) until a Development Permit is issued outlining tree retention, protection and replacement details; and d) restricting development of any rowhouse lot until a Development Permit is issued for all the rowhouse lots; 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 incorporate flex and universal housing; 11. Completion of an as-found report for 21022 – 77A Avenue (Ernest Ibbotson House) to the satisfaction of the Heritage Planner; and 12. Payment of applicable Neighbourhood Planning Administration fees, supplemental Rezoning and Development Permit fees, Site Servicing Review fee, ISDC review fee, and compliance with the Township’s 5% Neighbourhood Park Land Acquisition Policy. POLICY CONSIDERATIONS: The proposed development is located in an area designated for “Mixed Residential” 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, which allow mixed residential uses, (single family compact lots, rowhouses and townhouses) at a density between 8 and 10 upa, as well as with the Township’s Zoning Bylaw and the Subdivision and Development Control Bylaw and Policy. Accordingly, staff recommend that Council give First and Second Readings to Bylaw No. 4730 (subject to the twelve (12) development prerequisites) and authorize issuance of the accompanying Development Permit No. 100570 (to be issued at time of final reading of the rezoning bylaw), and authorize staff to schedule the required Public Hearing. Respectfully submitted,
Mike Newall DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION
ATTACHMENT A ATTACHMENT B
Development Permit Guidelines Development Permit No. 100570
REZONING APPLICATION NO. 100326 DEVELOPMENT PERMIT NO. 100570 (GUO / YIP)
Page 16 . . . ATTACHMENT A
Section 1.01 4.1.2
Development Permit Area “B” – Residential
Lands identified as “Residential” on Map 4, Development Permit Areas are hereby designated as development permit areas under Section 919.1(1)(e) and (f) of the Local Government Act to establish objectives and provide guidelines for the form and character of intensive and multi family residential development. The objective of this development permit area designation is to encourage development of attractive and safe multi family areas. Unless the owner first obtains a development permit, land within this development permit area shall not be subdivided, and construction of, addition to or alteration of a multi family dwelling (including a townhouse, rowhouse, apartment, duplex, triplex or fourplex) must not be started. Development permit guidelines are as follows:
Section 1.02 4.1.2.1 General The following general guidelines apply to all development within Development Permit Area “B.”
Section 1.03 4.1.2.2 Single Family Development 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.
Building Form o
Pitched roofs are required. Pitched roofs shall have architectural grade roof material, including ridge caps and shadow lines.
ATTACHMENT B THE CORPORATION OF THE TOWNSHIP OF LANGLEY Development Permit No. 100570 This Permit is issued this __________day of _________________, 2009 to: 1.
NAME & ADDRESS:
Guo Dihua 21022 - 77A Avenue Langley BC V2Y 2E6 Yip Jay Fong 21052 - 77A Avenue Langley BC V2Y 2E6
2.
3.
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:
Lot 26 and 27 Both of Section 24 Township 8 New Westminster District Plan 1578
CIVIC ADDRESS:
21022 and 21052 - 77A Avenue
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)
b)
4.
an exterior design control agreement shall be entered into ensuring that building design and site development standards are high quality, consistent and compatible with other lots and development in accordance with Section 4.2.1 of the Yorkson Neighbourhood Plan; in order to accommodate tree retention the required front and rear yard setbacks on lots 41, 42, 43, 63 and 64 are modified as follows: i) for Lots 41 and 43 front yard setbacks are reduced to 2.0 m and rear yard setbacks are increased to 6.5 m ii) for Lot 42 front yard setback is reduced to 1.5 m and rear yard setback is increased to 7.8 m iii) for Lots 63 and 64 front yard setbacks are increased to 3.0 m and rear yard setbacks are reduced to 5.5 m
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. 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.
GUO / YIP Development Permit No. 100570 Page 2
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 ____ DAY OF ________, 2009.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (GUO - YIP) BYLAW 2009 NO. 4730 EXPLANATORY NOTE Bylaw No. 4730 rezones property located at 21022 and 21052 – 77A Avenue to Residential Compact Lot Zone R-CL (A), Residential Compact Lot Zone R-CL (B), Residential Compact Lot Zone R-CL (RH), Residential Zone R1-A, and Comprehensive Development Zone CD-52 to accommodate the subdivision of approximately fifty six (56) fee simple single family lots, 17 rowhouse lots and 19 townhouse units
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (GUO - YIP) BYLAW 2009 NO. 4730 A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500 WHEREAS it is deemed necessary and desirable to amend “Township of Langley 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 (Guo - Yip) Bylaw 2009 No.4730”.
2.
The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended: a) by adding after Sub-Section 952.10 “Development Permit Requirements ” the following as Sub-Section 952.11 “Community Amenity Policy”. Community Amenity Policy
952.11 3.
All developments shall comply with the Township’s Greenway Amenity Zoning Policy and Neighbourhood Park Land Policy. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lot 26 Section 24 Township 8 New Westminster District Plan 1578 Lot 27 Section 24 Township 8 New Westminster District Plan 1578 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Compact Lot Zone (R-CL(A)), Residential Compact Lot Zone (R-CL(B)), Residential Compact Lot Zone (R-CL(RH)) Residential Zone R1-A, and Comprehensive Development Zone (CD-52).
READ A FIRST TIME the
day of
, 2009
READ A SECOND TIME the
day of
, 2009
PUBLIC HEARING HELD the
day of
, 2009
READ A THIRD TIME the
day of
, 2009
RECONSIDERED AND ADOPTED the
day of
,
Mayor
Deputy Township Clerk
Bylaw No. 4730 Page 2
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