PH3 Vieira Soni

8/14/2019 PH3 Vieira Soni

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THE CORPORATION OF THE TOWNSHIP OF LANGLEY

LANGLEY OFFICIAL COMMUNITY PLAN BYLAW 1979 NO. 1842

AMENDMENT (MURRAYVILLE COMMUNITY PLAN) BYLAW 1988 NO. 2661

AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4724

EXPLANATORY NOTE

Bylaw No. 4724 amends the Murrayville Community Plan by redesignating the eastern1,033 m2 (11,119 ft2) portion of property located at 21429 51B Avenue to accommodate atwo (2) lot single family subdivision.


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LANGLEY OFFICIAL COMMUNITY PLAN BYLAW 1979 NO. 1842

AMENDMENT (MURRAYVILLE COMMUNITY PLAN) BYLAW 1988 NO. 2661


A Bylaw to amend Langley Official Community Bylaw 1979 No. 1842Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661

WHEREAS it is deemed necessary and desirable to amend Langley Official Community PlanBylaw 1979 No. 1842 as amended;

NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in OpenMeeting Assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as Langley Official Community Bylaw 1979 No.

1842 Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661 Amendment(Vieira/Soni) Bylaw 2009 No. 4724.

2. Langley Official Community Bylaw 1979 No. 1842 Amendment (Murrayville CommunityPlan) Bylaw 1988 No. 2661 is further amended by designating lands described as:

the eastern 1,033 m2 (11,119 ft2) portion of Lot 49 Section 1 Township 8 New WestminsterDistrict Plan 41141PID: 001-233-971

as shown delineated on Schedule A attached to and forming part of this Bylaw to SingleFamily One.

READ A FIRST TIME the 16 day of February , 2009

READ A SECOND TIME the 16 day of February , 2009

PUBLIC HEARING HELD the day of , 2009

READ A THIRD TIME the day of , 2009

RECONSIDERED AND ADOPTED the day of , 2009

Mayor Deputy Township Clerk


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Bylaw No. 4724Page 2


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TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500


EXPLANATORY NOTE

Bylaw No. 4725 rezones the eastern 1,033 m2 (11,119 ft2) portion of property located at21429 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E toaccommodate a two (2) lot single family subdivision.


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TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500


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 Bylaw1987 No. 2500 as amended;

NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in OpenMeeting Assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as Township of Langley Zoning Bylaw 1987 No.2500 Amendment (Vieira/Soni) Bylaw 2009 No. 4725.

2. The Township of Langley Zoning Bylaw 1987 No. 2500 as amended is further amendedby rezoning lands described as:

the eastern 1,033 m2 (11,119 ft2) portion of Lot 49 Section 1 Township 8 New WestminsterDistrict Plan 41141PID: 001-233-971

as shown delineated on Schedule A attached to and forming part of this Bylaw toResidential Zone R-1E.

READ A FIRST TIME the 16 day of February , 2009

READ A SECOND TIME the 16 day of February , 2009

PUBLIC HEARING HELD the day of , 2009

READ A THIRD TIME the day of , 2009

RECONSIDERED AND ADOPTED the day of , 2009

Mayor Deputy Township Clerk


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Bylaw No. 4725Page 2


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REPORT TO

MAYOR AND COUNCIL

PRESENTED: FEBRUARY 16, 2009 - REGULAR MEETING REPORT: 09-15FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 08-01-0089SUBJECT: OFFICIAL COMMUNITY PLAN AMENDMENT AND

REZONING APPLICATION NO. 100065(VIEIRA/SONI)

PROPOSAL:

Amend the Murrayville Community Plan and rezone a

1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre)property located at 21429 51B Avenue toaccommodate a two (2) lot single family subdivision.

RECOMMENDATION SUMMARY:

That Council give first and second reading to BylawNo.s 4724 and 4725 subject to completion of eight (8)development prerequisites.

RATIONALE:

The proposed development complies with the overall

density provisions of the Murrayville Community Plan.


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OFFICIAL COMMUNITY PLAN AMENDMENT ANDREZONING APPLICATION NO. 100065(VIEIRA/SONI)

Page 2 . . .

RECOMMENDATIONS:

That Council give first and second reading to Rezoning Bylaw No. 4725 (and accompanyingMurrayville Community Plan Amendment Bylaw No. 4724) to rezone a 1,033 m2 (11,119 ft2)portion of a 0.40 ha (1.00 acre) property located at 21429 51B Avenue from SuburbanResidential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single familysubdivision, subject to the following development prerequisites being satisfied prior to finalreading:

1. Applicant entering into a Servicing Agreement with the Township to secure required roadand utility upgrades and extensions on 51B Avenue in accordance with the TownshipsSubdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw,to the acceptance of the General Manager of Engineering;

2. Submission of design and installation plans, along with security, for the construction of atwo (2) metre wide asphalt trail along the northern property line to the acceptance of the

Manager of Parks Design and Development;3. Compliance with the Townships Tree Protection Bylaw including provision of a final tree

management plan incorporating tree retention, replacement and protection details to theacceptance of the Manager of Parks Design and Development;

4. Registration of a restrictive covenant defining the environmental non-disturbance area andpreventing further encroachment of the existing dwelling into it;

5. Registration of a restrictive covenant prohibiting any further subdivision of the subject sitebeyond the current proposal;

6. Registration of a restrictive covenant advising the owner and occupants of their proximity tothe Langley Regional Airport and the Agricultural Land Reserve and the potential for sound,odour, and other impacts from normal airport and agricultural activities;

7. Registration of a restrictive covenant requiring at the subdivision approval stage the

submission of a noise study and the new dwelling to incorporate sound insulation toachieve acceptable interior noise levels adjacent to the Langley Regional Airport;

8. Payment of supplemental rezoning application fees and site servicing review fees; andfurther

ThatCouncil authorize staff to schedule the required public hearing.

EXECUTIVE SUMMARY:

Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan andto rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 51B Avenue to accommodate a two (2) lot single family subdivision. Staff support the

Community Plan amendment and rezoning proposal as it complies with the overall densityprovisions of the Murrayville Community Plan.

PURPOSE:

This report is to provide information and recommendations to Council concerning CommunityPlan Amendment Bylaw No. 4724 and Rezoning Bylaw No. 4725.


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Page 3 . . .

SUBJE


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Page 4 . . .

ZONING BYLAW NO. 2500


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Page 5 . . .

PRELIMINARY SUBDIVISION LAYOUT SUBMITTED BY APPLICANT


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Page 6 . . .

ADDITIONAL INFORMATION:

Owner:

Agent:

Nelson Vieira21429 51B AvenueLangley, BC V3A 5B8

Ajay Soni902 777 West BroadwayVancouver, BC V5Z 4J7

Legal Description: Lot 49 Section 1 Township 8 New WestminsterDistrict Plan 41141

PID: 001-233-971

Location: 21429 51B Avenue

Total Area:

Area to be amended in the MurrayvilleCommunity Plan and Rezoned:

0.40 ha (1.00 acre)

1,033 m2 (11,119 ft2)

Existing Zoning: Suburban Residential Zone SR-3(minimum lot size 1,765 m2 / 18,999 ft2)

Proposed Zoning: Rezoning a 1,033 m2 (11,119 ft2) portion toResidential Zone R-1E

(minimum lot size 930 m2 / 10,011 ft2).

Existing Murrayville Community Plan:

Proposed Murrayville Community Plan

Suburban(maximum density 5 units per ha (2 units peracre); minimum lot size 1,765 m2 / 18,999 ft2)

Redesignating a 1,033 m2 (11,119 ft2) portion toSingle Family One(maximum density 10 units per ha (4 units peracre); minimum lot size 930 m2 / 10,011 ft2)

E.S.A. Designation: E.S.A.# 66 Murrayville Urban Area (Rating -

#3)

BACKGROUND:

The subject site is designated Suburban in the Murrayville Community Plan, allowing amaximum density of 5 units per hectare (2 units per acre), at a minimum lot size of 1,765 m 2

(18,999 ft2). Existing zoning is Suburban Residential Zone SR-3, also allowing a minimum lotsize of 1,765 m2 (18,999 ft2).


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Page 7 . . .

DISCUSSION / ANALYSIS:

Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan andto rezone a 1,033 m2 (11,119 ft2) portion of a 0.40 ha (1.00 acre) property located at 21429 51B Avenue to accommodate a two (2) lot single family subdivision. The subject site isoccupied by one (1) existing single family home that will be retained. A small red codedwatercourse is located on the western portion of the property.

Adjacent Uses:

Surrounding land uses include:North: A walkway and Township owned lands zoned Civic Institutional Zone P-1,

beyond which is Fraser Hwy and the Langley Regional Airport zoned AirportZone P-4;

South: 51B Avenue, beyond which is a single family subdivision zoned Residential ZoneR-1E;

East: A single family subdivision zoned Residential Zone R-1E and Residential ZoneR-1D; and

West: A single family subdivision zoned Suburban Residential Zone SR-1 andSuburban Residential Zone SR-3, beyond which are lands in the AgriculturalLand Reserve zoned Rural Zone RU-1.

Murrayville Community Plan Amendment:

The subject site is designated Suburban in the Murrayville Community Plan, allowing amaximum density of 5 units per hectare (2 units per acre) with a minimum lot size of 1,765 m 2(18,999 ft2). The applicant proposes to create two (2) single family residential lots, at aproposed density of 5 units per hectare (2 units per acre), however one lot is proposed to beless than the minimum lot size required by the Murrayville Community Plan.

Development on the subject site is constrained by a red coded watercourse that flows on thewestern portion of the property. In compliance with the Townships Streamside Protection andEnhancement Bylaw requirement of a 30 metre setback from a red coded watercourse, theeastern portion of the subject site is the only area suitable for further development. While theproposed development complies with the overall density requirements of the Suburbandesignation of the Murrayville Community Plan, it does not comply with the minimum lot sizerequirements. Therefore, the applicant proposes to amend the Murrayville Community Planfrom Suburban to Single Family One on the eastern 1,033 m2 (11,119 ft2) portion of the site(located away from the watercourse). The Single Family One designation allows a maximumdensity of 10 units per ha (4 units per acre) with a minimum lot size of 930 m 2 (10,011 ft2). Theremainder of the site will retain its current Suburban designation. Staff support the request toamend the Murrayville Community Plan on the 1,033 m2 (11,119 ft2) portion of the site as theproposed development complies with the overall density provisions of the MurrayvilleCommunity Plan (5 units per hectare / 2 units per acre), but not the minimum lot size.


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Page 8 . . .

Rezoning:

The subject site is currently zoned Suburban Residential Zone SR-3. The applicant proposes to

rezone the eastern 1,033 m2 (11,119 ft2) portion of the subject site to Residential Zone R-1E(minimum lot size 930 m2 / 10,011 ft2) in order to accommodate the proposed two (2) lot singlefamily subdivision. The remainder of the site will retain its current Suburban Residential ZoneSR-3 zoning. The development complies with the proposed Community Plan designation aswell as the proposed zoning in terms of use, lot size and frontage.

Subdivision:

A preliminary subdivision layout has been submitted in support of the Community Planamendment and rezoning application. It proposes the creation of two (2) single familyresidential lots, both accessed from 51B Avenue. The eastern lot will have an area of 1,033 m2(11,119 ft2), while the western lot will have an area of 3,010 m2 (32,400 ft2). In order to protectthe density provisions of the Murrayville Community Plan, the applicant will be required at the

subdivision approval stage to register a restrictive covenant prohibiting any further subdivisionbeyond the current proposal. Subdivision details will be addressed at the time of subdivisionpursuant to the Subdivision and Development Control Bylaw and Policy.

Langley Regional Airport:

Given the subject sites proximity to the Langley Regional Airport, staff consulted with TransportCanada and Avcon Consulting Ltd., the agency under contract with the Township to manage theairport. As the development proposal complies with the Langley Airport Zoning Regulations ofthe Aeronautics Act, neither agency objected to the proposed subdivision. As a condition offinal reading, the applicant will be required at the subdivision approval stage to undertake anoise study and to register a restrictive covenant requiring the new dwelling to incorporatesound insulation in order to achieve acceptable interior noise levels. The applicant will also berequired as a condition of final reading to register a restrictive covenant advising the owner andoccupants of the proximity to the Langley Regional Airport and the potential for sound and otherimpacts from normal airport activities.

Servicing:

Existing full municipal services on 51B Avenue are adequate to be extended to service theproposed development. Prior to final reading, the applicant will be required to enter into aServicing Agreement to secure upgrades to 51B Avenue fronting the site and the provision offull municipal services to the proposed lots in accordance with the Townships Subdivision andDevelopment Control Bylaw and the Erosion and Sediment Control Bylaw.

Trail:

Part of a pedestrian walkway that connects Fraser Hwy and Old Yale Road exists along thenorthern property line of the subject site. As a condition of final reading, the applicant will berequired to submit design and installation plans, along with security, for the construction of a two(2) metre wide asphalt trail along the full length of the northern property line. The trail will beconstructed within the existing walkway dedication to the acceptance of the Manager of ParksDesign and Development.


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Page 9 . . .

Tree Protection:

In compliance with the Tree Protection Bylaw, the applicant has submitted a tree survey andtree summary schedule. The tree survey and tree summary schedule indicate a total of five (5)

significant trees identified on the site, all of which are proposed to be retained. In accordancewith the Tree Protection Bylaw, 15 replacement trees are required to be planted on thedevelopment site. As a result, a total of 20 trees will be in place after the development. Finaltree retention, protection and replacement details are subject to the acceptance of the Managerof Parks Design and Development prior to final reading.

Environment:

The Townships Environmentally Sensitive Areas Study identifies the lands as forming part ofthe Murrayville Urban Area. The applicant will be required to provide full urban services as wellas a storm water management plan and sediment control measures through a ServicingAgreement. The provision of these items, along with compliance with the Townships TreeProtection Bylaw, satisfies the management guidelines identified in the TownshipsEnvironmentally Sensitive Areas Study.

A small red coded watercourse flows over the western portion of the development site. Incompliance with the Townships Streamside Protection and Enhancement Bylaw, no newdevelopment is proposed within the 30 metre non-disturbance area of the watercourse. Thenew dwelling on the eastern lot is well beyond the required 30 metre setback from the top ofbank. As a condition of final reading, the applicant will be required to register a streamsideprotection restrictive covenant that defines the non-disturbance area and prevents furtherencroachment of the existing dwelling into the non-disturbance area.

Transit:

Translink currently operates two Community Shuttles through Murrayville as well as a regularbus route along Fraser Highway. The road layout for Murrayville has been designed toaccommodate future transit routes in accordance with Translinks operating policy / procedures,which Council is given an opportunity to review each year.

Schools:

The proposed development will not impact schools in the area. Elementary students are withinthe James Hill Elementary School catchment area which is located approximately 2,200 metressouth-east of the subject site. High school students will attend Langley Secondary School.

Parks:

The nearest neighbourhood park is Porter Park located approximately 600 metres south-east of

the subject site on 215 Street. Denny Ross Memorial Park is the second nearest park locatedat 48 Avenue and Old Yale Road.


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Page 10 . . .

Development Prerequisites:

Prior to final reading of the Community Plan amendment and rezoning bylaws, the following

items must be completed:

1. Applicant entering into a Servicing Agreement with the Township to secure required roadand utility upgrades and extensions on 51B Avenue in accordance with the TownshipsSubdivision and Development Control Bylaw and the Erosion and Sediment Control Bylaw,to the acceptance of the General Manager of Engineering;

2. Submission of design and installation plans, along with security, for the construction of atwo (2) metre wide asphalt trail along the northern property line to the acceptance of theManager of Parks Design and Development;

3. Compliance with the Townships Tree Protection Bylaw including provision of a final treemanagement plan incorporating tree retention, replacement and protection details to theacceptance of the Manager of Parks Design and Development;

4. Registration of a restrictive covenant defining the environmental non-disturbance area andpreventing further encroachment of the existing dwelling into it;

5. Registration of a restrictive covenant prohibiting any further subdivision of the subject sitebeyond the current proposal;

6. Registration of a restrictive covenant advising the owner and occupants of their proximity tothe Langley Regional Airport and the Agricultural Land Reserve and the potential for sound,odour, and other impacts from normal airport and agricultural activities;

7. Registration of a restrictive covenant requiring at the subdivision approval stage thesubmission of a noise study and the new dwelling to incorporate sound insulation toachieve acceptable interior noise levels adjacent to the Langley Regional Airport;

8. Payment of supplemental rezoning application fees and site servicing review fees; andfurther

POLICY CONSIDERATIONS:

Staff support the Community Plan and Rezoning Bylaws as the proposed development complieswith the overall density provisions of the Murrayville Community Plan. Subdivision details willbe addressed at the subdivision stage pursuant to the Townships Subdivision andDevelopment Control Bylaw and Policy.

Respectfully submitted,

Patrick WardDEVELOPMENT PLANNER

forCOMMUNITY DEVELOPMENT DIVISION

PJW

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