Tol_09_14_09_regular Council Agenda Package

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REGULAR MEETING OF TOWNSHIP COUNCIL Monday, September 14, 2009 at 7:00 p.m. Fraser River Presentation Theatre 4th Floor, 20338 – 65 Avenue, Langley, BC

AGENDA Page

A. 1-9

ADOPTION OF MINUTES 1.

Regular Council Meeting – August 31, 2009 Recommendation that Council adopt the Minutes of the Regular Council meeting held August 31, 2009.

B.

PRESENTATIONS

C.

DELEGATIONS (UP TO 5 DELEGATIONS)

D.

REPORTS TO COUNCIL

E.

BYLAWS FOR FIRST AND SECOND READING

F.

BYLAWS FOR FIRST, SECOND AND THIRD READING

G.

BYLAWS FOR CONSIDERATION AT THIRD READING

September 14, 2009 Regular Council Meeting Agenda Page H. 11-89

BYLAWS FOR FINAL ADOPTION 1.

Rezoning Application RZ100311 (Jeannotte/Tanzite) Bylaw No. 4693 Report 08-135 and 09-35 File CD 11-06-0179 Recommendation that Council give final reading to “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Jeannotte) Bylaw 2008 No. 4693”. Explanation – Bylaw No. 4693 Bylaw No. 4693 rezones 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision. Clerk’s Note: Community Development advises that all development prerequisites listed in the Community Development Division report to Council of March 23, 2009 and July 28, 2008 attached to the Bylaw have been satisfactorily addressed. The Public Hearing for the bylaw was held on September 15, 2008 with third reading given on March 23, 2009.

I.

CORRESPONDENCE

J.

OTHER BUSINESS

K.

TERMINATE

A.1

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REGULAR MEETING OF TOWNSHIP COUNCIL Monday, August 31, 2009 at 7:00 p.m. Fraser River Presentation Theatre 4th 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 and R. Seifi S. Carneiro A.

ADOPTION OF MINUTES 1.

Regular Council Meeting – July 20, 2009 Moved by Councillor Bateman, Seconded by Councillor Dornan, That Council adopt the Minutes of the Regular Council meeting held on July 20, 2009. CARRIED

B.

PRESENTATIONS

C.

DELEGATIONS (UP TO 5 DELEGATIONS) 1.

Bruce Taylor File 0550-07 Bruce Taylor and Lyall Sharman of Aldergrove Minor Baseball appeared before Council to thank Council for expanding the park and to request Council to include the Aldergrove Athletic Park plan in the budget deliberations for 2010. The agenda order was varied.

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A.1 August 31, 2009 Regular Council Meeting C.

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DELEGATIONS (UP TO 5 DELEGATIONS) 3.

Art Bandenieks File 0550-07 Art Bandenieks a representative of the Aldergrove Youth Soccer Club and the Aldergrove United Soccer Club, appeared before Council to discuss the South Aldergrove Athletic Park Development. He recommended the Township work toward preparing the site for an artificial turf field for soccer.

2.

Heath MacKenzie and Russ Simpson File 0550-07 Heath MacKenzie and Russ Simpson of Langley Mountain Bike Association appeared before Council to discuss further development of the Aldergrove Athletic Park and to voice their support regarding the proposed bicycle skills park. The original order of the agenda then resumed.

4.

Brad Ricketts File 0550-07 Brad Ricketts appeared before Council to discuss possible opportunities to house the Radio Control Flying Club of British Columbia. He requested Mayor and Council’s endorsement to utilize the Jackman Pit as a flying site once proper approvals are in place. Councillor Bateman left the meeting at 7:20 p.m. and rejoined the meeting at 7:21 p.m.

5.

John and Marilyn Thomson File 0550-07 John and Marilyn Thomson appeared before Council to discuss speeding traffic through school zones on Willoughby Way and requested that speed bumps or some kind of traffic calming device be installed.

6.

Rodney Blackwell File 0550-07 Rodney Blackwell appeared before Council regarding the Fort Langley Waterfront Development. He is concerned that the developer may apply for a change of zoning to allow more residential construction and has therefore, requested Council to authorize staff to have a Public Hearing on rezoning. The community is planning a meeting on September 24, 2009 has invited Council to attend.

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A.1 August 31, 2009 Regular Council Meeting C.

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DELEGATIONS (UP TO 5 DELEGATIONS) 7.

Helen Smith File 0550-07 Madeleine De Little appeared before Council on behalf of Helen Smith to discuss the Bedford Landing Development and requested that Council have public input regarding rezoning.

8.

Grant Rawstron Fort Langley Canoe Club File 0550-07 Grant Rawstron, Fort Langley Canoe Club appeared before Council to discuss the Fort Langley Waterfront Development. He recommended that Council consult the Canoe and Rowing Clubs in the planning process. He noted that there is a need for storage and clubhouse/training facility.

D.

REPORTS TO COUNCIL 1.

Aldergrove Athletic Park Concept Plan Report 09-117 File CD 6130-20-AATH1 Moved by Councillor Fox, Seconded by Councillor Ferguson, That Council receive the report entitled “Aldergrove Athletic Park Concept Plan” and the results of the public input, for information; That Council endorse the Aldergrove Athletic Park Concept Plan to guide future development of the park; and further That Council authorize staff to proceed with site preparation as a first phase of developing the new proposed facilities in the park. AMENDMENT Moved by Councillor Richter, Seconded by Mayor Green, That staff provide a report on cost of moving forward for the 2010 budget process. CARRIED Councillor Ward opposed . The question was called on the main motion, as amended, and it was CARRIED

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A.1 August 31, 2009 Regular Council Meeting D.

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REPORTS TO COUNCIL 2.

Provincial Agricultural Land Commission Application No. 100179 (Larry Rodgers) Report 09-114 File CD 13-32-0001 Moved by Councillor Ward, Seconded by Councillor Bateman, That the Provincial Agricultural Land Commission (PALC) be advised that the subdivision of property located at 27550 - 48 Avenue, is supported subject to compliance with the requirements of the PALC and, at the time of subdivision application, the Township of Langley’s Subdivision and Development Control Bylaw. CARRIED Councillor Ferguson opposed

3.

Rezoning Application No. 100333 (Exousia Properties Inc.) Report 09-113 File CD 13-08-0011 The report was withdrawn.

E.

BYLAWS FOR FIRST AND SECOND READING 1.

Rezoning Application No. 100330 Development Permit Application No. 100583 (Desert Properties Inc.) Bylaw 4746 Report 09-116 File CD 08-26-0109 Moved by Councillor Fox, Seconded by Councillor Ward, That Council give first and second reading to Rezoning Bylaw No. 4746 rezoning 1.54 ha (3.82 acres) of land located on the north side of 86 Avenue (west of 201 Street) to Comprehensive Development Zone CD-47 to permit a business park development, subject to the following development prerequisites being satisfied prior to final reading: 1. Applicant entering into a Servicing Agreement with the Township to secure required road and utility upgrades and extensions including a storm water management plan in accordance with the Township’s Subdivision and Development Control Bylaw and greenway construction to the acceptance of the Manager of Parks Design and Development 2. Provision of an Erosion and Sediment Control Plan in accordance with the Erosion and Sediment Control Bylaw to the acceptance of the

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A.1 August 31, 2009 Regular Council Meeting E.

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BYLAWS FOR FIRST AND SECOND READING General Manager of Engineering; 3. Provision of road dedication (5.6 metres on 86 Avenue, 3.5 metres on 201 Street and a corner truncation at the 86 Avenue / 201 Street intersection) 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; 4. Compliance with the Township’s Tree Protection Bylaw, including provision of a final tree protection plan incorporating tree retention, replacement and protection details, to the acceptance of the Manager of Parks Design and Development; 5. Completion of landscaping plans (including greenway construction and design requirements) to the acceptance of the Manager of Parks Design and Development; 6. Register a restrictive covenant limiting access to the site from the northerly driveway on 201 Street and from 86 Avenue to right in/out turning movements and prohibiting off-street parking on 86 Avenue and 201 Street abutting the site, to the acceptance of the General Manager of Engineering; 7. Register a restrictive covenant requiring provision of a 5.0 metre wide landscaping area adjacent to the 201 Street and 86 Avenue site frontages; 8. Provision of a CPTED (Crime Prevention through Environmental Design) review of the development (including design and operation of the parkade, elevators, pedestrian connections and lighting) by a qualified CPTED professional (in consultation with the Langley RCMP), to the acceptance of the Director of Community Development, including incorporation of the CPTED recommendations into the final development plans; 9. Approval of Rezoning Bylaw No. 4746 by the Ministry of Transportation; and 10. Payment of supplemental Rezoning Application fee and Site Servicing Review fee; and further That Council at time of final reading of Bylaw No. 4746 authorize issuance of Development Permit No. 100583 subject to the following conditions: a) Building plans being in substantial compliance with Schedules “A” through “J”; b) Final on-site landscaping plans being in substantial compliance with Schedule “K” and in compliance with the Township’s Tree Protection Bylaw, 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) Section 8.1 1)a) (maximum freestanding sign area) of Township of Langley Sign Bylaw 2005 No. 4402 being varied from 20 m2 to 26.24 m2 for a freestanding sign adjacent to existing Building A and 200 Street as shown on Schedules “B” and “L”;

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A.1 August 31, 2009 Regular Council Meeting E.

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BYLAWS FOR FIRST AND SECOND READING e) All garbage facilities to be located within buildings or screened; f) Freestanding signage on 201 Street and 86 Avenue to be in compliance with Township of Langley Sign Bylaw 2005 No. 4402, and to be coordinated in design with the freestanding sign adjacent to existing Building A and 200 Street, and g) Rooftop mechanical equipment to be located so as not to be visible from adjacent roads, or alternatively to be screened from view by compatible architectural treatments. 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: h) Payment of supplemental Development Permit application fees. That Council authorize staff to schedule the required public hearing for the Rezoning Bylaw in conjunction with Development Permit No. 100583. CARRIED Councillor Long left the meeting at 8:28 and rejoined the meeting at 8:31 p.m. 2.

Rezoning Application No. 100339 Development Permit Application No. 100590 (Township of Langley) Bylaw 4769 Report 09-112 File CD 08-14-0172 Moved by Councillor Ferguson, Seconded by Councillor Bateman, That Council give first and second reading to Bylaw No. 4769 rezoning approximately 0.30 ha (0.75 acre) of land located at 7185 – 202B Street to Residential Compact Lot Zone R-CL to accommodate a three (3) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1. Completion of the required road, utility, landscaping and greenway upgrades and extensions in accordance with the Township’s Subdivision and Development Control Bylaw; 2. Provision of road and greenway dedications including 202B Street, widening of 72 Avenue and extension of the rear lane in accordance with the Township’s Subdivision and Development Control Bylaw; 3. Compliance with the Township’s Tree Protection Bylaw including provision of a final tree management plan incorporating tree replacement and protection details; 4. Compliance with the Erosion and Sediment Control Bylaw including provision of an Erosion and Sediment Control Plan; and 5. Registration of a no-building restrictive covenant over the remnant lot at

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A.1 August 31, 2009 Regular Council Meeting E.

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BYLAWS FOR FIRST AND SECOND READING the time of subdivision; That Council at the time of final reading of Bylaw No. 4769 authorize the issuance of Development Permit No. 100590 for the proposed single family development subject to the following condition: a) Completion of an exterior design control agreement ensuring that building design and site development standards are high quality and compatible with surrounding lots; and further That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No. 4769 in conjunction with the hearing for proposed Development Permit No. 100590. CARRIED

F.

BYLAWS FOR FIRST, SECOND AND THIRD READING

G.

BYLAWS FOR CONSIDERATION AT THIRD READING

H.

BYLAWS FOR FINAL ADOPTION 1.

Rezoning Application No. 100315 (Dorothy Mufford) Bylaw No. 4704 Report 08-178 File CD 11-18-0038 Moved by Councillor Ferguson, Seconded by Councillor Dornan, That Council give final reading to “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Dorothy Mufford) Bylaw 2008 No. 4704.” CARRIED

I.

CORRESPONDENCE

J.

ASSOCIATIONS, AGENCIES AND OTHER GOVERNMENT ITEMS

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A.1 August 31, 2009 Regular Council Meeting

K.

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MAYOR’S REPORT The Mayor attended various events in the community during the past month.

L.

METRO VANCOUVER REPRESENTATIVE’S REPORT The Mayor attended the Mayors’ Council on Regional Transportation budget meeting on transit issues and will report back to Council on the outcome.

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.

Traffic Calming – Willoughby Way Moved by Councillor Richter, Seconded by Mayor Green, That a report from staff on traffic calming measures include Willoughby Way. CARRIED

2.

Councillor Richter provided the following Notice of Motion to be considered at the next meeting Waterfront Planning Process in Fort Langley That staff provide Council with a report on reactivating the planning process in Fort Langley.

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A.1 August 31, 2009 Regular Council Meeting Q.

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OTHER BUSINESS 3.

Radio Control Flying Club Moved by Councillor Ferguson, Seconded by Councillor Bateman, That staff provide a report on location options for the Radio Control Flying Club. CARRIED

R.

S.

ADDITIONAL DELEGATIONS

TERMINATE Moved by Councillor Ward, Seconded by Councillor Fox, That the meeting terminate at 8:42 p.m. CARRIED CERTIFIED CORRECT:

Mayor

Deputy Township Clerk

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H.1

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (JEANNOTTE) BYLAW 2008 NO. 4693

EXPLANATORY NOTE Bylaw No. 4693 rezones 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision.

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THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (JEANNOTTE) BYLAW 2008 NO. 4693

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 (JEANNOTTE) Bylaw 2008 No. 4693”.

2.

The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lot 37 Section 6 Township 11 New Westminster District Plan 39985 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Residential Zone R-1D.

READ A FIRST TIME the

28

day of

July

, 2008.

READ A SECOND TIME the

28

day of

July

, 2008.

PUBLIC HEARING HELD the

15

day of

September

, 2008.

READ A THIRD TIME the

23

day of

March

, 2008.

RECONSIDERED AND ADOPTED the

day of

Mayor

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, 2009.

Deputy Township Clerk

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H.1

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REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

JULY 28, 2008 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE)

REPORT: FILE:

08-135 11-06-0179

PROPOSAL:

Rezone 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision. RECOMMENDATION SUMMARY:

That Council give first and second reading to Bylaw No. 4693 with completion of three (3) development prerequisites. RATIONALE:

The proposed rezoning complies with the provisions of the Murrayville Community Plan.

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 2 . . .

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RECOMMENDATIONS:

That Council give first and second reading to Bylaw No. 4693 rezoning 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1. Registration of a non-disturbance restrictive covenant requiring that no significant trees be removed or disturbed onsite (except where necessary for the installation of services) until tree retention, protection and replacement details are addressed to the satisfaction of the Manager of Parks Design and Development at time of subdivision; 2. Registration of a restrictive covenant requiring provision of an exterior design control agreement to be entered into at the subdivision approval stage; and further, 3. Payment of supplemental rezoning application fee. That Council authorize staff to schedule the required public hearing. EXECUTIVE SUMMARY:

Quinn Jeannotte has applied to rezone 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D. The rezoning will facilitate the subsequent subdivision of five (5) fully serviced single family lots. The Murrayville Community Plan designates the lands as “Single Family Two” allowing subdivisions having a minimum lots size of 650 m2 (7,000 ft2). Staff supports the rezoning proposal as it complies with the Murrayville Community Plan. PURPOSE:

This report is to advise and make recommendations with respect to rezoning application number RZ100311.

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 3 . . .

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SUBJECT

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 4 . . . ZONING BYLAW NO. 2500

R-1D R-1D

R-1D

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 5 . . .

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Preliminary Subdivision Plan – SUBMITTED BY APPLICANT

217A Street

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 6 . . . Conceptual Block Plan – SUBMITTED BY APPLICANT

217A Street

49 Avenue

48A Avenue

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 7 . . . ADDITIONAL INFORMATION:

Owner:

Tanzite Ventures Inc. 4038 – 200B Street Langley, BC V3A 1N9

Applicant:

Quinn Jeannotte 2201 – 204A Street Langley, BC V2Z 2A2

Legal Description:

Lot 37 Section 6 Township 11 New Westminster District Plan 39985 PID: 008-695-938

Location:

21726 – 49A Avenue

Area:

0.40 ha (1acre)

Existing Zoning:

Suburban Residential Zone SR-1 (minimum lot size 3,716 m2 / 0.92 acre)

Proposed Zoning:

Residential Zone R-1D (minimum lot size 650 m2 /7,000 ft2).

Murrayville Community Plan:

Single Family Two (maximum density 15 units per ha / 6 units per acre; minimum lot size 650 m2 /7,000 ft2)

E.S.A. Designation:

E.S.A.# 66 – Murrayville Urban Area (Rating - #3)

BACKGROUND:

The subject site is designated “Single Family Two” in the Murrayville Community Plan, allowing a maximum residential density of 15 units per hectare (6 units per acre), at a minimum lot size of 650 m2 (7,000 ft2). The current SR-1 zoning is reflective of minimum lot sizes in Murrayville prior to development and the provision of full urban services. The subject lot is one of only four (4) properties in the area that have not been rezoned to R-1D. DISCUSSION / ANALYSIS:

The proponent is applying to rezone approximately 0.40 ha (1.0 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a subsequent subdivision of five (5) single family lots. The subject property is currently occupied by one single family home that will be removed to accommodate the subdivision. Adjacent Uses: The subject site fronts 49A Avenue and is surrounded by single family homes zoned R-1D and SR-1 (with lots ranging in size from 650m2 to 4,047m2). Although the lots to the east have developed at the density permitted in the Murrayville Community Plan, the adjacent lots to the west and south have further subdivision potential.

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 8 . . .

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Density: The subject site is designated “Single Family Two” in the Murrayville Community Plan, allowing a maximum density of 15 units per hectare (6 units per acre), at a minimum lot size of 650 m2 (7,000 ft2). The applicant proposes a subsequent subdivision application of five (5) single family lots at a proposed density of 12 units per hectare (5 units per acre) with a minimum lot size of 650 m2 (7,000 ft2). Subdivision: A preliminary subdivision layout has been submitted in support of the rezoning proposing the creation of five (5) single family residential lots. The applicant has also prepared a conceptual block plan indicating the relationship of the subject site to the adjacent undeveloped lands. As shown on the conceptual block plan, the introduction of a cul-de-sac to the block protects the future subdivision potential of these surrounding currently over-sized properties. Subdivision details, including dedication of the cul-de-sac, will be addressed at time of subdivision pursuant to the Subdivision and Development Control Bylaw and Policy. Servicing: There are no servicing requirements for the proposed rezoning. Existing services are adequate for the proposed use. At time of subdivision, a Servicing Agreement will be required to secure construction of the east half of the proposed cul-de-sac (217A Street), installation of full urban municipal services (water, sanitary, storm) to service the proposed lots in accordance with the Township’s Subdivision and Development Control Bylaw, and erosion and sediment control works in accordance with the Township’s Erosion and Sediment Control Bylaw. Tree Protection: In compliance with the Tree Protection Bylaw, the applicant has submitted a tree survey and tree summary schedule indicating that there are three (3) significant trees located on the subject site. Based on the preliminary subdivision layout, all of the significant trees will likely be removed. As a result, the applicant will be required to plant 30 replacement trees at time of subdivision. Registration of a non-disturbance restrictive covenant requiring that no significant trees be removed or disturbed onsite (except where necessary for the installation of services) until tree retention, protection and replacement details are addressed to the satisfaction of the Manager of Parks Design and Development at time of subdivision is required as a condition of final reading. Transit: Translink currently operates two Community Shuttles through Murrayville with stops on 48 Avenue, as well as a regular bus route along Fraser Highway. The road layout for Murrayville has been designed to accommodate future transit routes in accordance with Translink’s operating policy / procedures, which Council is given an opportunity to review each year. Environment: The Township’s Environmentally Sensitive Areas Study identifies the lands as forming part of the Murrayville Urban Area. The applicant will be required to provide full urban services as well as a storm water management plan and sediment control measures through a servicing agreement. The provision of these items along with compliance with the Township’s Tree Protection Policy satisfies the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. There are no watercourses onsite.

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 9 . . .

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Schools: The subject site is located within the catchment area for James Hill Elementary School, approximately 1.5 kilometres southeast of the subject site. Langley Fundamental Elementary School is located 1 block north of the subject site. High school students will attend Langley Secondary School. Parks: There are two parks in the vicinity of the subject site. Denny Ross Memorial Park located southeast of the site on Old Yale Road. Porter Park is located west of the site on 215 Street. Development Prerequisites: Prior to final reading of the rezoning bylaw, the following items must be completed: 1. Registration of a non-disturbance restrictive covenant requiring that no significant trees be removed or disturbed onsite (except where necessary for the installation of services) until tree retention, protection and replacement details are addressed to the satisfaction of the Manager of Parks Design and Development at time of subdivision; 2. Registration of a restrictive covenant requiring provision of an exterior design control agreement to be entered into at the subdivision approval stage; and further, 3. Payment of supplemental rezoning application fee. POLICY CONSIDERATIONS:

Staff recommends approval of the rezoning application as the proposed development complies with the land use and density policies of the Murrayville Community Plan. Subdivision details will be addressed at the subdivision stage pursuant to the Township’s Subdivision and Development Control Bylaw and Policy. Respectfully submitted,

Teresa Hanson DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION TEH/the

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REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

MARCH 23, 2009 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING BYLAW NO. 4693 (JEANNOTTE/TANZITE) REVIEW OF COMMENTS AND CONCERNS RAISED AT PUBLIC HEARING AND OPEN HOUSE

REPORT: FILE:

09-35 11-06-0179

RECOMMENDATIONS:

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. EXECUTIVE SUMMARY:

On September 29, 2008 Council considered third reading of Bylaw No. 4693 rezoning 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision. Council did not give third reading to the bylaw, but instead referred the application back to staff to address the comments and concerns raised by the public at the September 15, 2008 public hearing. In response to the concerns raised at the public hearing, the applicant submitted a panhandle subdivision plan (alternate layout) which proposes five (5) single family lots: two (2) lots fronting 49A Avenue and three (3) lots with panhandle access to 49A Avenue. The panhandle subdivision plan (alternate layout) and the half cul-de-sac subdivision plan (original layout) were presented to the area residents at a public open house held on February 5, 2009. At the open house, the majority of the area residents in attendance preferred the new panhandle subdivision plan (alternate layout) over the half cul-desac subdivision plan (original layout). Staff recommend that Bylaw No. 4693 be given third reading, subject to the development being in substantial compliance with the panhandle

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REZONING BYLAW NO. 4693 (JEANNOTTE/TANZITE) REVIEW OF COMMENTS AND CONCERNS RAISED AT PUBLIC HEARING AND OPEN HOUSE

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Page 2 . . .

subdivision plan (alternate layout) and subject to the completion of three (3) development prerequisites prior to final reading. Alternatively, Council may require that another Public Hearing be held. PURPOSE:

As requested by Council, this report provides a staff review of the comments and concerns raised by the public at the September 15, 2008 public hearing for Bylaw No. 4693 and at the subsequent open house held by the Township on February 5, 2009.

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REZONING BYLAW NO. 4693 (JEANNOTTE/TANZITE) REVIEW OF COMMENTS AND CONCERNS RAISED AT PUBLIC HEARING AND OPEN HOUSE

Page 3 . . .

PRELIMINARY HALF CUL-DE-SAC SUBDIVISION PLAN – SUBMITTED BY APPLICANT

(Original Layout)

PRELIMINARY PANHANDLE SUBDIVISION PLAN – SUBMITTED BY APPLICANT

(Alternate Layout) 49AAvenue

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Page 4 . . .

ORIGINAL CONCEPTUAL BLOCK PLAN – SUBMITTED BY APPLICANT

ALTERNATE CONCEPTUAL BLOCK PLAN – SUBMITTED BY APPLICANT

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BACKGROUND:

At its September 29, 2008 regular meeting, Council considered third reading of Bylaw No. 4693 rezoning a 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision. Council did not give third reading to the bylaw, but instead referred the application back to staff to address the comments and concerns raised by the public at the September 15, 2008 public hearing and to hold a Township sponsored open house with area residents. Attached to this report, for Council’s information, are the original Community Development Division report to Council dated July 28, 2008 (Attachment A), the minutes from the September 15, 2008 public hearing (Attachment B), and the minutes from the September 29, 2008 regular meeting (Attachment C). DISCUSSION / ANALYSIS:

In accordance with Council’s direction, staff have reviewed the comments and concerns raised by the public at the September 15, 2008 public hearing. Comments and concerns primarily focused on the layout of the proposed subdivision plan with respect to the location of the proposed half cul-de-sac, lot orientation, tree protection, drainage, traffic, emergency vehicle access and removal of existing structures. Area residents also expressed concern with the conceptual block plan showing the future subdivision potential of surrounding properties based on the proponents half cul-de-sac subdivision plan. In light of the strong opposition to the applicant’s original conceptual block plan expressed by the area residents, the applicant held several smaller and informal open houses with area residents (November 28, December 1 and December 2, 2008) to discuss possible alternative subdivision plans / layouts. Evolving out of this process was the panhandle subdivision plan (alternate layout), which the majority of the area residents considered best addressed the comments and concerns raised at the public hearing. Panhandle Subdivision Plan (Alternate Layout): The panhandle subdivision plan (alternate layout) proposes five (5) single family lots, the same number of lots proposed by the half cul-de-sac subdivision plan (original layout). The panhandle subdivision plan (alternate layout) proposes two (2) lots fronting 49A Avenue and three (3) lots with panhandle access to 49A Avenue. The three (3) panhandle lots will share a driveway eight (8) metres wide with a small bulb at the end. This subdivision plan differs significantly from the half cul-de-sac subdivision plan (original layout) which proposed three (3) lots fronting 49A Avenue and two (2) lots fronting a proposed half cul-de-sac along the western property line. The alternate conceptual block plan, which was submitted in support of the panhandle subdivision plan (alternate layout), proposes that surrounding properties with remaining subdivision potential be allowed to subdivide with panhandle access rather than introducing a cul-de-sac. Generally, this plan was favoured on the basis of it allowing surrounding properties to subdivide independently with less impact on adjacent neighbours, whether they wished to subdivide or not.

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Page 6 . . .

Public Open House: In accordance with Council’s direction, staff held a public open house on February 5, 2009 to provide an opportunity for the public to review both the half cul-de-sac subdivision plan (original layout) and the newly conceived panhandle subdivision plan (alternate layout). An open house invitation letter (dated January 21, 2009) was mailed to all persons that received a notification for the September 15, 2008 public hearing and was also mailed to all persons that provided a submission at the public hearing. The open house invitation letter (Attachment D) included a brief description of the application, a copy of the half cul-de-sac subdivision plan (original layout), a copy of the panhandle subdivision plan (alternate layout), and a questionnaire for those persons unable to attend the open house. The open house was held February 5, 2009 between 4:00 p.m. and 7:00 p.m. at the Murrayville Hall (21667 – 48 Avenue). Community Development Division staff and the applicant attended the open house to answer questions and give the public an opportunity to provide comments. 26 people attended the open house (as per the sign-in sheet) with 22 questionnaires received, including those submitted by persons unable to attend the open house. The sign-in sheet, the questionnaires and a summary of the responses are provided as attachments to this report (Attachment E). As per the completed questionnaires received, the majority of the area residents preferred the panhandle subdivision plan (alternate layout) over the half cul-de-sac subdivision plan (original layout). One (1) person preferred the half cul-de-sac subdivision plan (original layout), fourteen (14) persons preferred the panhandle subdivision plan (alternate layout), ten (10) persons preferred neither layout, two (2) persons preferred neither layout, but preferred the panhandle subdivision plan (alternate layout) over the half cul-de-sac subdivision plan (original layout), and one (1) person had no preference. Staff note that seven (7) of the nine (9) surrounding properties with further subdivision potential (as indicated on the conceptual block plan) prefer the panhandle subdivision plan (alternate layout). The owners of properties opposed to the panhandle subdivision plan (alternate layout) either have already rezoned and subdivided to Residential Zone R-1D lot sizes or are opposed to any further development in the area.

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POLICY CONSIDERATIONS:

As requested by Council, this report addresses the comments and concerns raised by the public at the September 15, 2008 public hearing. Staff note that the proposed panhandle subdivision plan (alternate layout) complies with both the Murrayville Community Plan and the proposed Residential Zone R-1D zoning. Although Council has the option of requiring another public hearing, staff recommend that Bylaw No. 4693 be given third reading, subject to the development being in substantial compliance with the panhandle subdivision plan (alternate layout) and subject to the completion of three (3) development prerequisites prior to final reading. Subdivision details will be addressed at the subdivision stage pursuant to the Township’s Subdivision and Development Control Bylaw and Policy. Respectfully submitted,

Patrick Ward DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION PJW ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E

July 28, 2008 Report to Council September 15, 2008 Public Hearing Minutes September 29, 2008 Third Reading Minutes January 21, 2009 Open House Invitation Letter February 5, 2009 Open House Sign In Sheet, Questionnaires and Summary of Responses

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Attachment A

REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

JULY 28, 2008 - REGULAR MEETING COMMUNITY DEVELOPMENT DIVISION REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE)

REPORT: FILE:

08-135 11-06-0179

PROPOSAL:

Rezone 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision. RECOMMENDATION SUMMARY:

That Council give first and second reading to Bylaw No. 4693 with completion of three (3) development prerequisites. RATIONALE:

The proposed rezoning complies with the provisions of the Murrayville Community Plan.

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RECOMMENDATIONS:

That Council give first and second reading to Bylaw No. 4693 rezoning 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision, subject to the following development prerequisites being satisfied prior to final reading: 1. Registration of a non-disturbance restrictive covenant requiring that no significant trees be removed or disturbed onsite (except where necessary for the installation of services) until tree retention, protection and replacement details are addressed to the satisfaction of the Manager of Parks Design and Development at time of subdivision; 2. Registration of a restrictive covenant requiring provision of an exterior design control agreement to be entered into at the subdivision approval stage; and further, 3. Payment of supplemental rezoning application fee. That Council authorize staff to schedule the required public hearing. EXECUTIVE SUMMARY:

Quinn Jeannotte has applied to rezone 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D. The rezoning will facilitate the subsequent subdivision of five (5) fully serviced single family lots. The Murrayville Community Plan designates the lands as “Single Family Two” allowing subdivisions having a minimum lots size of 650 m2 (7,000 ft2). Staff supports the rezoning proposal as it complies with the Murrayville Community Plan. PURPOSE:

This report is to advise and make recommendations with respect to rezoning application number RZ100311.

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 3 . . .

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SUBJECT

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 4 . . . ZONING BYLAW NO. 2500

R-1D R-1D

R-1D

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 5 . . .

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Preliminary Subdivision Plan – SUBMITTED BY APPLICANT

217A Street

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 6 . . . Conceptual Block Plan – SUBMITTED BY APPLICANT

217A Street

49 Avenue

48A Avenue

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REZONING APPLICATION RZ100311 (JEANNOTTE / TANZITE) Page 7 . . . ADDITIONAL INFORMATION:

Owner:

Tanzite Ventures Inc. 4038 – 200B Street Langley, BC V3A 1N9

Applicant:

Quinn Jeannotte 2201 – 204A Street Langley, BC V2Z 2A2

Legal Description:

Lot 37 Section 6 Township 11 New Westminster District Plan 39985 PID: 008-695-938

Location:

21726 – 49A Avenue

Area:

0.40 ha (1acre)

Existing Zoning:

Suburban Residential Zone SR-1 (minimum lot size 3,716 m2 / 0.92 acre)

Proposed Zoning:

Residential Zone R-1D (minimum lot size 650 m2 /7,000 ft2).

Murrayville Community Plan:

Single Family Two (maximum density 15 units per ha / 6 units per acre; minimum lot size 650 m2 /7,000 ft2)

E.S.A. Designation:

E.S.A.# 66 – Murrayville Urban Area (Rating - #3)

BACKGROUND:

The subject site is designated “Single Family Two” in the Murrayville Community Plan, allowing a maximum residential density of 15 units per hectare (6 units per acre), at a minimum lot size of 650 m2 (7,000 ft2). The current SR-1 zoning is reflective of minimum lot sizes in Murrayville prior to development and the provision of full urban services. The subject lot is one of only four (4) properties in the area that have not been rezoned to R-1D. DISCUSSION / ANALYSIS:

The proponent is applying to rezone approximately 0.40 ha (1.0 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a subsequent subdivision of five (5) single family lots. The subject property is currently occupied by one single family home that will be removed to accommodate the subdivision. Adjacent Uses: The subject site fronts 49A Avenue and is surrounded by single family homes zoned R-1D and SR-1 (with lots ranging in size from 650m2 to 4,047m2). Although the lots to the east have developed at the density permitted in the Murrayville Community Plan, the adjacent lots to the west and south have further subdivision potential.

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Density: The subject site is designated “Single Family Two” in the Murrayville Community Plan, allowing a maximum density of 15 units per hectare (6 units per acre), at a minimum lot size of 650 m2 (7,000 ft2). The applicant proposes a subsequent subdivision application of five (5) single family lots at a proposed density of 12 units per hectare (5 units per acre) with a minimum lot size of 650 m2 (7,000 ft2). Subdivision: A preliminary subdivision layout has been submitted in support of the rezoning proposing the creation of five (5) single family residential lots. The applicant has also prepared a conceptual block plan indicating the relationship of the subject site to the adjacent undeveloped lands. As shown on the conceptual block plan, the introduction of a cul-de-sac to the block protects the future subdivision potential of these surrounding currently over-sized properties. Subdivision details, including dedication of the cul-de-sac, will be addressed at time of subdivision pursuant to the Subdivision and Development Control Bylaw and Policy. Servicing: There are no servicing requirements for the proposed rezoning. Existing services are adequate for the proposed use. At time of subdivision, a Servicing Agreement will be required to secure construction of the east half of the proposed cul-de-sac (217A Street), installation of full urban municipal services (water, sanitary, storm) to service the proposed lots in accordance with the Township’s Subdivision and Development Control Bylaw, and erosion and sediment control works in accordance with the Township’s Erosion and Sediment Control Bylaw. Tree Protection: In compliance with the Tree Protection Bylaw, the applicant has submitted a tree survey and tree summary schedule indicating that there are three (3) significant trees located on the subject site. Based on the preliminary subdivision layout, all of the significant trees will likely be removed. As a result, the applicant will be required to plant 30 replacement trees at time of subdivision. Registration of a non-disturbance restrictive covenant requiring that no significant trees be removed or disturbed onsite (except where necessary for the installation of services) until tree retention, protection and replacement details are addressed to the satisfaction of the Manager of Parks Design and Development at time of subdivision is required as a condition of final reading. Transit: Translink currently operates two Community Shuttles through Murrayville with stops on 48 Avenue, as well as a regular bus route along Fraser Highway. The road layout for Murrayville has been designed to accommodate future transit routes in accordance with Translink’s operating policy / procedures, which Council is given an opportunity to review each year. Environment: The Township’s Environmentally Sensitive Areas Study identifies the lands as forming part of the Murrayville Urban Area. The applicant will be required to provide full urban services as well as a storm water management plan and sediment control measures through a servicing agreement. The provision of these items along with compliance with the Township’s Tree Protection Policy satisfies the management guidelines identified in the Township’s Environmentally Sensitive Areas Study. There are no watercourses onsite.

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Schools: The subject site is located within the catchment area for James Hill Elementary School, approximately 1.5 kilometres southeast of the subject site. Langley Fundamental Elementary School is located 1 block north of the subject site. High school students will attend Langley Secondary School. Parks: There are two parks in the vicinity of the subject site. Denny Ross Memorial Park located southeast of the site on Old Yale Road. Porter Park is located west of the site on 215 Street. Development Prerequisites: Prior to final reading of the rezoning bylaw, the following items must be completed: 1. Registration of a non-disturbance restrictive covenant requiring that no significant trees be removed or disturbed onsite (except where necessary for the installation of services) until tree retention, protection and replacement details are addressed to the satisfaction of the Manager of Parks Design and Development at time of subdivision; 2. Registration of a restrictive covenant requiring provision of an exterior design control agreement to be entered into at the subdivision approval stage; and further, 3. Payment of supplemental rezoning application fee. POLICY CONSIDERATIONS:

Staff recommends approval of the rezoning application as the proposed development complies with the land use and density policies of the Murrayville Community Plan. Subdivision details will be addressed at the subdivision stage pursuant to the Township’s Subdivision and Development Control Bylaw and Policy. Respectfully submitted,

Teresa Hanson DEVELOPMENT PLANNER for COMMUNITY DEVELOPMENT DIVISION TEH/the

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ATTACHMENT B September 15, 2008 Special Meeting for Public Hearing and Development Permits Minutes B.

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PUBLIC HEARING

3.

Rezoning Application RZ100311 (Jeannotte/Tanzite) Bylaw 4693 Report 08-135 File CD 11-06-0179 “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (JEANNOTTE) Bylaw 2008 No. 4693”. Explanation - Bylaw No. 4693 J. Geraghty, Manager Development Planning, explained that Bylaw No. 4693 rezones 0.40 ha (1 acre) of land located at 21726 – 49A Avenue to Residential Zone R-1D to accommodate a five (5) lot single family subdivision. He noted that 79 Public Hearing notices were mailed to area residents. Explanation by the proponent. Quinn Jeannotte, 2201 – 204A Street, was in attendance and commented on width to depth ratio, in-fill sites, impact of homes facing 49A Avenue, a root barrier being applied to aid tree preservation, and advised that 38 additional trees would be planted. Councillor Bateman left the meeting at 8:15 p.m. and rejoined the meeting at 8:17 p.m. Submissions regarding Bylaw No. 4693 from the public. 1. Cleve Stordy, 21727 – 48A Avenue, was in attendance and commented that he had made an enquiry at the Township of Langley to subdivide his property and was advised that he could not. He continued that Mr. Jeannotte met with Mr. Stordy and his neighbours in early 2008, advising them of the proposed project and possible consolidation of excess rear yard lots. He submitted a 16signature petition in opposition of the proposal and attached an alternate proposal for development in the area. He expressed concerns relative to lot layout requiring removal of many existing structures, lot orientation, lack of good community planning, and lack of heritage consideration. 2. Kim Stordy, 21727 – 48A Avenue, was in attendance and commented that the neighbourhood and community should work together to plan a development through mutual cooperation. 3. Jean and Alan Gregson, 21692 – 49A Avenue, were in attendance and commented that they had concerns regarding tree preservation on the east side of their property, fencing, drainage, and compensation should there be any damage to their trees or fencing. 4. April Miko, 21654 – 49A Avenue, was in attendance and commented that she was speaking on behalf of her mother, Sharlene Stewart, who had expressed concerns relative to lack of notification, effect of development on the back of her property, protection of stream at the rear of her property, subdivision

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H.1 September 15, 2008 Special Meeting for Public Hearing and Development Permits Minutes B.

- 402 -

PUBLIC HEARING possibilities, and drainage issues. 5. Doug Speranza, 21693 – 46A Avenue, was in attendance and commented that he had concerns relative to tree preservation, location of proposed road, drainage issues, and that he was opposed to the project. 6. Mr. and Mrs. David Lapierre, 4849 - 217B Street, were in attendance and commented that they had concerns relative to tree preservation, historical atmosphere, decrease in property value, and loss of privacy. Mrs. Lapierre continued that she also spoke on behalf of Mrs. Pam Erickson at 21734 – 48 Avenue in saying that the neighbours would like to participate in a public open house. 7. Doug Heck, 21679 - 48A Avenue, was in attendance and commented that he was opposed to the proposal. 8. Margaret Wallbank, 21665 – 48A Avenue, was in attendance and commented that she had concerns relative to lack of notification 9. Robert Garden, 21651 – 48A Avenue was in attendance and commented that he had concerns relative to lot layout and skewing of property lines, access for emergency vehicles, and advised that he was opposed to the proposal. Written Submissions regarding Bylaw No. 4693 from the public. The following persons had expressed opposition in writing regarding Bylaw No. 4693: 1. 2. 3. 4. 5. 6. 7. 8.

Opal and Robert Garden, 21651 – 48A Avenue Margaret and Lorne Wallbank, 21665 – 48A Avenue Pat and Doug Heck, 21679 – 48A Avenue Barb and Vince Moropito, 4904 – 216 Street Laurel and Raymond Matthew, 21687 - 48A Avenue Kim and Doug Speranza, 21693 – 48A Avenue Kris and Doug Hyde, 21745 – 48A Avenue Kim and Cleve Stordy, 21727 – 48A Avenue.

Councillors Ferguson and Fox left the meeting at 8:42 p.m. and rejoined the meeting at 8:43 p.m. 4.

Rezoning Application RZ100307 and Development Permit DP100542 (Sherwood Park Homes Ltd.) Bylaw No. 4669 Report 08-134 File CD 08-14-0163 “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Sherwood Park Homes Ltd.) Bylaw 2008 No. 4669”.

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ATTACHMENT C

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September 29, 2008 Regular Council Meeting Minutes G.

- 429 -

BYLAWS FOR CONSIDERATION AT THIRD READING Development; d) Landscaping and boulevard treatment to be secured by letter of credit at the building permit stage; e) Signage to be in substantial compliance with Schedule “G”; f) All garbage facilities to be located within buildings or screened; g) Rooftop mechanical equipment to be located so as not to be visible from adjacent roads, or alternatively to be screened from view by compatible architectural treatments; h) Compliance with the Township’s Exterior Lighting Impact Policy (submission of an exterior lighting impact plan) to the acceptance of the Manager of Permits and Licences; i) Submission of a final CPTED (Crime Prevention Through Environmental Design) report addressing incorporation of CPTED principles into the development design to the acceptance of the Manager of Development Planning. 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: l) Payment of supplemental Development Permit application fees. CARRIED Councillor Richter opposed 6.

Rezoning Application RZ100311 (Jeannotte / Tanzite) Bylaw No. 4693 Report 08-135 File CD 11-06-0179 Moved by Councillor Long, Seconded by Councillor Ferguson, That Council give third reading to “Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (JEANNOTTE) Bylaw 2008 No. 4693”. REFERRAL Moved by Councillor Long, Seconded by Councillor Vickberg, That Rezoning Application RZ100311 (Jeannotte / Tanzite) be referred to staff to address the comments received at the September 15, 2008 Public Hearing. CARRIED

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SUMMARY OF RESPONSES (FEBRUARY 5, 2009 OPEN HOUSE)

(NOTE: Some questionnaires were received from properties outside this map area) Subject

Prefer the Original Layout (half cul-de-sac subdivision plan) (4%) Prefer the Alternate Layout (panhandle subdivision plan) (52%) Prefer Neither Layout (37%)

Prefer Neither Layout, but Prefer the Alternate Layout over the Original Layout (7%) No Response Conceptual Block Plan area

(NOTE: Percentage values based on number of persons and include responses outside the map area)

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