Reg Min-march 23, 2009 Regular Minutes

- 122 -

REGULAR MEETING OF TOWNSHIP COUNCIL Monday, March 23, 2009 at 7:01 p.m. Fraser River Presentation Theatre th 4 Floor, 20338 – 65 Avenue, Langley, BC

MINUTES Present: Mayor Green Councillors J. Bateman, B. Dornan, S. Ferguson, C. Fox, M. Kositsky, B. Long, K. Richter and G. Ward M. Bakken, P. Catlin, D. Leavers, L. Rebelato, R. Seifi, B. Storie, H. Tsikayi, D. Wade, J. Winslade and C. Wright S. Palmer and Inspector A. Virk A.

ADOPTION OF MINUTES 1.

Regular Council Meeting – March 2, 2009 Moved by Councillor Fox, Seconded by Councillor Ward, That Council adopt the Minutes of the Regular Council Meeting held March 2, 2009. CARRIED

2.

Public Hearing Meeting – March 9, 2009 Moved by Councillor Fox, Seconded by Councillor Ward, That Council adopt the Minutes of the Public Hearing Meeting held March 9, 2009. CARRIED

B.

PRESENTATIONS 1.

Emergency Social Services D. Wade, Fire Chief, introduced Ginger Sherlock, Emergency Program Coordinator, who then provided a presentation regarding Emergency Social Services. She commented that the program is a Joint Emergency Preparedness program developed to prepare, mitigate, respond and recover from major catastrophes and she then gave a brief description of the many services provided. She presented awards to Maureen Airey, Judy Fox, Devlin Putsey, and Eleanor Ridley in recognition of their dedication and service with Emergency Social Services.

March 23, 2009 Regular Council Meeting Minutes

C.

- 123 -

DELEGATIONS 2.

Richard Bennett File 0550-07 Richard Bennett appeared before Council to discuss the Lions Foundation of Canada Purina Walk for Dog Guides. He invited Council to attend the annual Walk for Dog Guides on May 31, 2009 hosted by the Aldergrove Lions Club, commencing at Noon at the Philip Jackman Park. He noted that $5 Million has been raised to date to support the training of Guide Dogs and that Purina generously donates dogwood for the Guide Dogs.

3.

Dan Sheel File 0550-07 Dan Sheel appeared before Council to discuss the proposed Aldergrove aquatic facility. He noted that he has served on the Recreation, Culture and Parks Commission for several years and he advised that there are unique opportunities for senior level government funding for the development of an Aldergrove aquatic facility.

4.

Kathleen Stephany File 0550-07 Kathleen Stephany appeared before Council to discuss the Mufford Crescent and 64 Avenue Overpass and road alignment. She commented that she had concerns regarding preservation of farmland, lack of consultation, inaccurate data, conflict of interest, and requested that Council not approve the Milner/Mufford Crescent Overpass. She noted that many residents voiced preference for Option “J”.

5.

Russ Shiels File 0550-07 Russ Shiels appeared before Council to discuss the Mufford Overpass proposal. He commented that he had concerns relative to the process regarding the proposed overpass, lack of public input, quality of work, preliminary design, continuing traffic congestion, and protection of farmland. He advised that the overpass should deposit traffic on the provincial highway and not on rural roads.

6.

Fred McNeill File 0550-07 Fred McNeill appeared before Council to discuss the Synovate Poll as it pertains to the Mufford Overpass. He commented that he generally favours overpasses; however, he was not in favour of the current proposal. He noted that he had concerns relative to the Poll results, statistics, lack of public notice and approval, and cost implications.

March 23, 2009 Regular Council Meeting Minutes C.

- 124 -

DELEGATIONS 7.

Sonya Paterson File 0550-07 Sonya Paterson appeared before Council to discuss the Mufford Crescent Overpass and copies of letters to the Agricultural Land Commission. She submitted copies of a petition and 417 form letters addressed to the Agricultural Land Commission opposing the proposed Overpass and requested that the personal information contained therein be respected. She continued that she had concerns regarding the preservation of agricultural land, expropriation costs, conflict of interest, and campaign contributions. She urged Council to vote against the proposal.

8.

Eric Bysouth File 0550-07 Eric Bysouth appeared before Council to discuss the Mufford/#10/Glover/64 Avenue Alignment. He commented that the majority of Langley residents oppose the Overpass project and he urged Council to reject the proposal. He voiced concerns relative to protection of agricultural land, lack of public notice and input, and advised there are other options available that should be explored.

9.

Wally Martin File 0550-07 Wally Martin appeared before Council to discuss the Mufford/64 Avenue Overpass. He commented that he conducted a telephone survey asking 476 residents if they were aware of the proposal; of the citizens who were aware of the proposal 74% were opposed and 26% in favour. He noted that those opposed cited concerns regarding the loss of farmland, and those in support simply wanted traffic solutions. He advised that he also conducted a poll in front of Otter Co-op on March 14 and 15, 2009 posing the question as to support for the design for a new overpass and the response was: 89 had not heard of the proposal, 14 in support, 369 not in support, and 29 undecided for a total of 480. He added that a third poll is currently underway on the Langley Times website and as of today with the majority of respondents opposed.

10

Wesley Mufford File 0550-07 Wesley Mufford appeared before Council to discuss the Mufford/64 Avenue Overpass. He commented that he had concerns relative to First Nations Heritage assessment not done right, would violated Council sustain accord with respect to farmland, not a comprehensive archaeological and heritage review of the land.

11

Glen Tomblin File 0550-07 Glen Tomblin appeared before Council to discuss the Milner Farmland and overpass. He commented that the proposal is about land development, would not help traffic flow, would encourage urban sprawl, and destroy valuable farmland.

March 23, 2009 Regular Council Meeting Minutes

K.

- 125 -

MAYOR’S REPORT 1.

Roberts Bank Rail Corridor (RBRC) Partnership – 64 Avenue Rail Overpass at Highway 10 Project Report 09-26 File ENG 5330-23-03 The Mayor requested reconsideration of the following motion passed at the March 9, 2009 Special Meeting of Council under Section 131 of the Community Charter: “That Council receive the RBRC – 64 Avenue Rail Overpass at Highway 10 Project (“the Project”) report; and That Council endorse the preliminary design; and further That Council authorize staff to enter into agreements with the Government of Canada, Contribution Agreement (“GOC Agreement”) and the Project Agreement, Roberts Bank Rail Corridor Program (“RBRC Agreement”) on behalf of the Township of Langley, subject to such modifications as may be deemed necessary by legal counsel; Subject to the following conditions being made part of the project: 1. Accommodate the capacity issues at the intersection at Highway 10/216/Crush Crescent and as traffic volumes demand at the intersections of 64 and 224, 232 and 232 Street and Springbrook Road; 2. Accommodate the safety issues (such as pedestrian safety) between 64 Avenue and the intersection at Highway 10/216/Crush Crescent; 3. Accommodate the safety issues along 64 Avenue east of 216 (e.g., construct wider shoulders, installing traffic calming measures, enforcement); 4. Ensure farms have full access to the road network; 5. Ensure the viability of agriculture and farming operations; 6. Accommodate the heritage aspects and the archaeological significance of the Milner area; 7. Ensure that the constructed project be carbon neutral; and 8. That the connector at 64 Avenue and Highway 10 be made “full movement” to all traffic.” MOTION That Council confirm the Roberts Bank Rail Corridor (RBRC) motion of March 9, 2009. The question was called on the Motion and it was CARRIED Mayor Green, Councillors Kositsky and Richter opposed

March 23, 2009 Regular Council Meeting Minutes D.

REPORTS TO COUNCIL

E.

BYLAWS FOR FIRST AND SECOND READING 1.

- 126 -

Rezoning Application No. 100319 (Fernridge Place) Bylaw No. 4729 Report 09-31 File CD 07-15-0038 Moved by Councillor Bateman, Seconded by Councillor Ward, That Council give first and second reading to Rezoning Bylaw No. 4729 to rezone a portion of a site located at 2107 – 200 Street from Suburban Residential Zone SR-2 to a new Community Care Facility Zone P-2N, allowing for the expansion of Fernridge Place from six (6) to fifty one (51) beds, subject to the following development prerequisites being satisfied prior to final reading: 1. Provision of a road dedication of 17.5 metres total (measured from centerline) for 200 Street in accordance with Schedule P-1 of the Township’s Subdivision and Development Control Bylaw (Policy Section) as amended to reflect this requirement to the acceptance of the General Manager of Engineering; 2. Registration of a restrictive covenant securing connection to municipal sewer and water facilities at time of building permit issuance; 3. 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; and further That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4729. CARRIED

2.

Rezoning Application No. 100326 Development Permit Application No. 100570 (Guo / Yip) Bylaw No. 4730 Report 09-32 File CD 08-24-0049 Moved by Councillor Ferguson, Seconded by Councillor Bateman, 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 R1A 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:

March 23, 2009 Regular Council Meeting Minutes E.

- 127 -

BYLAWS FOR FIRST AND SECOND 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; 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);

March 23, 2009 Regular Council Meeting Minutes E.

- 128 -

BYLAWS FOR FIRST AND SECOND READING 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. CARRIED

March 23, 2009 Regular Council Meeting Minutes E.

- 129 -

BYLAWS FOR FIRST AND SECOND READING

3.

Rezoning Application No. 100278 Development Permit Application No. 100488 (Bahga / GSK) Bylaw No. 4735 Report 09-33 File CD 08-24-0043 Moved by Councillor Ward, Seconded by Councillor Bateman, That Council give first and second reading to Bylaw No. 4735 rezoning 4.01 ha (9.9 acres) of land, located in the Southeast Phase of the Yorkson Neighbourhood Plan to Residential Compact Lot Zones (R-CL(A), R-CL(B)), Residential Zone R-1A and Comprehensive Development Zone (CD- 76) to accommodate a mixed residential development consisting of approximately 56 single family lots and 36 attached strata units, subject to the following development prerequisites being satisfied prior to final reading: 1.

In accordance with Yorkson Neighbourhood Plan requirements: a)

2.

3.

4.

5.

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; 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; 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; Provision of road dedications, widenings, and necessary traffic improvements to the acceptance of the General Manager of Engineering including securing an ultimate 212 Street road width of 30.4metres, 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; Provision of a minimum 6.0 metre street greenway dedication and construction along the west side of 212 Street, in accordance with the Yorkson Neighbourhood Plan, to the acceptance of the Manager of Parks Design and Development, including final acceptance of greenway design plans, sidewalk/trail

March 23, 2009 Regular Council Meeting Minutes E.

- 130 -

BYLAWS FOR FIRST AND SECOND READING 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); d) A Section 35 (HAAD) authorization being obtained (where required); 9. Registration of restrictive covenants acceptable to the Township: a) Prohibiting parking on 212 Street and restricting local street parking to one side only; b) Prohibiting construction on proposed Lots 55, 56, and 57 until such time as storm and sanitary servicing can be resolved to the acceptance of the Manager of Development Engineering; c) Requiring that the attached housing portion of the site comply with Columns A and C of Table 4.1 of the Yorkson Neighbourhood Plan; and d) Registration of a non-disturbance restrictive covenant requiring that no vegetation be removed or disturbed on Lots 29 and 58 (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; 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; and 11. Payment of applicable Neighbourhood Planning Administration fees, supplemental Rezoning and Development Permit fees, 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. 4735 authorize the issuance of Development Permit No. 100488 for the proposed single family portions of the development subject to the following conditions: a)

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; and further

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

March 23, 2009 Regular Council Meeting Minutes

F.

- 131 -

BYLAWS FOR FIRST, SECOND AND THIRD READING 1.

Development Works Agreement Bylaw (BFW Developments (Willoughby) Ltd. and 0746344 BC Ltd.) Bylaw No. 4726 Report 09-34 File CD 08-24-0040 / 08-25-0074 Moved by Councillor Ferguson, Seconded by Councillor Fox, That Council receive this report entitled “Development Works Agreement Bylaw BFW Developments (Willoughby) Ltd. and 0746344 BC Ltd.”, for information; That Council give first, second and third reading to Bylaw No. 4726, BFW Developments (Willoughby) Ltd. Development Works Agreement; and further That Council authorize execution of a Development Works Agreement with BFW Development (Willoughby) Ltd. and 0746344 BC Ltd. in the substantial form of a document presented as Attachment A for the provision of off-site drainage infrastructure for the southeast phase of the Yorkson Neighbourhood Plan area. CARRIED

G.

BYLAWS FOR CONSIDERATION AT THIRD READING 1.

Official Community Plan Amendment and Rezoning Application No. 100065 (Vieira/Soni) Bylaw No. 4724 Bylaw No. 4725 Report 09-15 File CD 08-01-0089 Moved by Councillor Bateman, Seconded by Councillor Ward, That Council give third reading to “Langley Official Community Plan Bylaw 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 Amendment (Vieira/Soni) Bylaw 2009 No. 4724” and “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Vieira/Soni) Bylaw 2009 No. 4725”. CARRIED

March 23, 2009 Regular Council Meeting Minutes G.

- 132 -

BYLAWS FOR CONSIDERATION AT THIRD READING 2.

Rezoning and Community Plan Amendment Application No. 100063 and Development Permit No. 100559 (Marcon Homes (Crossbreeze) Ltd.) Bylaw No. 4719 Bylaw No. 4720 Report 09-16 File CD 08-12-0026 Moved by Councillor Ferguson, Seconded by Councillor Ward, That Council give third reading to “Langley Official Community Plan Bylaw, 1979 No. 1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 Amendment (Marcon Homes (Crossbreeze) Ltd.) Bylaw 2009 No. 4719” and “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Marcon Homes (Crossbreeze) Ltd.) Bylaw 2009 No. 4720”. Development Permit No. 100559 Running concurrently with this bylaw is Development Permit No. 100559 (Marcon Homes (Crossbreeze) Ltd.) in accordance with Attachment B subject to the following conditions: a) Building plans being in substantial compliance with Schedules “A” through “N”; b) Final on-site landscaping plans being in substantial compliance with Schedules “O” and “P”, and in compliance with the Township’s Tree Protection Bylaw, Child Friendly Amenity Area requirement and Street Tree and Boulevard Treatment policy, subject to final acceptance of the Manager of Parks Design and Development; c) On-site landscaping to be secured by letter of credit at the building permit stage; d) All garbage facilities to be located within buildings or screened; and further Although not part of the Development Permit requirements, the applicant is advised that prior to issuance of a building permit the following items will need to be finalized: e) Payment of supplemental Development Permit application fees. AMENDMENT Moved by Councillor Kositsky, Seconded by Councillor Richter, That the motion be amended by adding the following condition: “That staff and the proponent negotiate a cross-access/egress easement through the adjacent property.” DEFEATED Councillors Bateman, Dornan, Ferguson, Fox, Long and Ward opposed The question was called on the Main Motion and it was CARRIED

March 23, 2009 Regular Council Meeting Minutes G.

- 133 -

BYLAWS FOR CONSIDERATION AT THIRD READING

3.

Rezoning Application No. 100322 Development Permit No. 100562 (96th Avenue Development Group Ltd.) Bylaw No. 4718 Report 09-21 File CD 09-02-0139 Moved by Councillor Bateman, Seconded by Councillor Ward, That Council give third reading to “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (96th Avenue Development Group Ltd.) Bylaw 2009 No. 4718”. Development Permit No. 100562 Running concurrently with this bylaw is Development Permit No. 100562 (96th Avenue Development Group Ltd.) in accordance with Attachment B subject to the following conditions: a) b)

c) d) e)

f) g)

Building plans being in substantial compliance with Schedules “A” to “I”; Landscape plans being in substantial compliance with Schedules “J” to “M” and in compliance with the Township’s Street Tree and Boulevard and Treatment program to the acceptance of the Manager of Parks Design and Development; Signage to be in substantial compliance with Schedule “N” and in compliance with the Township of Langley Sign Bylaw; Fascia signage shall consist of channel lettering; Rooftop mechanical equipment to be located so that it is not visible from adjacent roads or alternatively to be screened from view by compatible architectural treatment; Garbage facilities to be located within screened enclosures and screened from view by compatible architectural treatment; Section 914.4 of the Township Zoning Bylaw 1987 No. 2500 being varied from a minimum 5.0 metre side lot line setback from a flanking street to permit a minimum 2.0 metre side lot line setback from a flanking street as shown in Schedule “C”;

Although not part of the Development Permit requirements, the applicant is advised that prior to the issuance of a building permit the following items will need to be finalized: h)

Landscaping (including the buffer / trail) and boulevard treatment to be secured by letter of credit; i) Compliance with the Township’s Exterior Lighting Impact Policy, including the provision of an Exterior Lighting Impact Plan to the acceptance of the Manager of Permits and Licences Department; j) Issuance of an Erosion and Sediment Control permit in conjunction with the Township’s Erosion and Sediment Control Bylaw; k) Submission of a stormwater management plan to the acceptance of the General Manager of Engineering; l) Payment of supplemental Development Permit application fees. CARRIED

March 23, 2009 Regular Council Meeting Minutes G.

- 134 -

BYLAWS FOR CONSIDERATION AT THIRD READING

4.

Rezoning Bylaw No. 4693 (Jeannotte/Tanzite) Review of Comments and Concerns Raised at Public Hearing and Open House Bylaw No. 4693 Report 09-35 File CD 11-06-0179 Moved by Councillor Long, Seconded by Councillor Ward, that Council receive this report entitled “Rezoning Bylaw No. 4693 (Jeannotte/Tanzite) - Review of Comments and Concerns Raised at Public Hearing and Open House”, for information; and further That Council give third reading to Bylaw No. 4693, subject to the development being in substantial compliance with the proposed “alternate” layout plan presented in this report; and subject to the following development pre-requisites being satisfied prior to final reading: 1. Registration of a restrictive covenant requiring that on-site significant trees not be removed or disturbed (except where necessary for the installation of services) until final tree retention, protection and replacement details are addressed to the acceptance of the Manager of Parks Design and Development; 2. Registration of a restrictive covenant requiring provision of an exterior design control agreement to be entered into at the subdivision approval stage; and 3. Payment of supplemental rezoning application fee. CARRIED Councillor Dornan opposed

H.

BYLAWS FOR FINAL ADOPTION 1.

Fort Langley Business Improvement Area – Bylaw Amendments Bylaw No. 4731 Report 09-24 File CD 6750-01 Moved by Councillor Bateman, Seconded by Councillor Dornan, that Council give final reading to “Downtown Fort Langley Business Improvement Area Bylaw 2007 No. 4577 Amendment Bylaw 2009 No. 4731”. CARRIED

March 23, 2009 Regular Council Meeting Minutes H.

- 135 -

BYLAWS FOR FINAL ADOPTION

2.

Rezoning Application RZ100265 Development Permit DP100460 (BFW Development (Willoughby Ltd.)) Report 08-30 Bylaw No. 4597 File CD 08-24-0040 Moved by Councillor Bateman, Seconded by Councillor Ferguson, That Council give final reading to “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (BFW – Willoughby Ltd.) Bylaw 2008 No. 4597”. CARRIED Development Permit No. 100460 Moved by Councillor Long. Seconded by Councillor Ward, That Council authorize issuance of Development Permit No. 100460 (BFW Development (Willoughby Ltd.) for property located at 21095, 21051, 21005, 20965, 20939 – 77A Avenue and 20940, 20982, 21008, 21027, 21070, 21118, 21146, 21168 – 80 Avenue in accordance with Attachment B subject to the following conditions: 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. CARRIED

I.

CORRESPONDENCE

J.

ASSOCIATIONS, AGENCIES AND OTHER GOVERNMENT ITEMS

L.

METRO VANCOUVER REPRESENTATIVE’S REPORT

March 23, 2009 Regular Council Meeting Minutes

- 136 -

M.

ITEMS FROM PRIOR MEETINGS

N.

ITEMS BROUGHT FORWARD FOR PUBLIC INFORMATION FROM SPECIAL CLOSED MEETINGS

O.

ITEMS FOR INFORMATION

P.

ITEMS HAVING PRIOR NOTICE OF MOTION

Q.

OTHER BUSINESS 1.

Mufford Crescent Overpass Moved by Councillor Fox, Seconded by Councillor Bateman, Whereas considerable concern has been evidenced on the issue of dealing with heavy rail in Langley as evidenced by the recent presentation of a petition by Mr. Wally Martin; Be it resolved that a meeting be set up as soon as possible with Mayor and Council, MLA Mary Polak, MLA Rich Coleman, Minister of Housing and Social Development, MP Mark Warawa with the Minister of Transportation, and the Hon. Kevin Falcon, MLA and Minister of Transportation and Infrastructure, to discuss the issue and concerns regarding the growth of heavy rail traffic in our community; and Further to strategize on how we can encourage all levels of government and the rail companies to plan for, and move the agenda ahead for building a dual function road/rail bridge to replace the aging Pattullo Bridge, allowing for rail traffic to cross the Fraser River and head east along the northerly Fraser route, thus allowing for half the existing rail traffic limited to one directional access to DeltaPort through Langley. CARRIED

2.

Election Campaign Financing Disclosure Statements Moved by Councillor Bateman, Seconded by Councillor Fox, That the matter of posting post-election Campaign Financing Disclosure Statements to the Township of Langley website be referred to staff. CARRIED

March 23, 2009 Regular Council Meeting Minutes Q.

- 137 -

OTHER BUSINESS 3.

Councillor Richter provided the following Notice of Motion for consideration at the next Council meeting: Recording of Committee Meetings Whereas meetings of Township of Langley committees are open to the public; Whereas some of these meetings have been taped and published on the internet; Whereas community members participating on these committees should be protected from manipulation and/or possible doctoring of digital meeting records; Therefore be it resolved that official audio recordings of all Township committees be made and stored for public access and to ensure a verifiable baseline is present in the event that possible doctoring of committee meeting records is published.

4.

Willoughby Community Hall File 6410-01 Moved by Councillor Bateman, Seconded by Councillor Ferguson, That the letter from Karl Dreise, President, Willoughby Community Hall Society dated March 13, 2009 be referred to staff for more information. CARRIED

5.

Roberts Bank Rail Corridor (RBRC) Moved by Councillor Ward, Seconded by Councillor Ferguson, Whereas, today, March 23, 2009, this Langley Township Council confirmed with another vote the Roberts Bank Rail Corridor (RBRC) motion of March 9, 2009; Therefore, be it resolved that the Notice of Motion presented February 27, 2009 be withdrawn from the March 27, 2009 Metro Vancouver (GVRD) Board meeting; Further be it resolved that staff be instructed to send an email/letter to Metro Vancouver (GVRD) Board making it clear that the majority of Langley Township Council has voted twice in support of this Roberts Bank Rail Corridor (RBRC) Partnership – 64 Avenue Rail Overpass at Highway 10 Project. CARRIED Mayor Green and Councillors Dornan and Richter opposed

March 23, 2009 Regular Council Meeting Minutes Q.

- 138 -

OTHER BUSINESS 6.

South Fraser Family Court & Youth Justice Committee File 0540-20 Moved by Councillor Kositsky, Seconded by Councillor Fox, That Council approve the request for a presentation from the South Fraser Family Court & Youth Justice Committee to present its annual work plan to Council. CARRIED

R.

ADDITIONAL DELEGATIONS

S.

TERMINATE Moved by Councillor Long, Seconded by Councillor Bateman, That the meeting terminate at 8:53 p.m. CARRIED CERTIFIED CORRECT:

Mayor

Deputy Township Clerk