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REPORT TO

MAYOR AND COUNCIL





PRESENTED: MAY 6, 2013 - PUBLIC HEARING REPORT: 13-58
FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 11-10-0076
SUBJECT: DEVELOPMENT VARIANCE PERMIT
APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)


PROPOSAL:
Development Variance Permit to vary the provisions of
Suburban Residential Zone SR-1 to facilitate a 65 lot bare
land strata subdivision on the southern portion of property
located at 24453 60 Avenue.
RECOMMENDATION SUMMARY:
That Council consider issuance of Development Variance
Permit No. 100061.

RATIONALE:
Under the existing Suburban Residential Zone SR-1 zoning,
the 32.6 ha (80.5 ac) site has the potential to be subdivided
into 87 suburban residential lots. The proposed
Development Variance Permit is intended to
accommodate a 65 lot bare land strata subdivision
on the area with lower agricultural capability as
approved for non-farm use by the Provincial
Agricultural Land Commission.

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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 2 . . .

RECOMMENDATION:
That Council consider issuance of Development Variance Permit No. 100061 for property
located at 24453 60 Avenue varying the provisions of the Suburban Residential Zone SR-1
and Township of Langley Zoning Bylaw 1987 No. 2500 to facilitate a 65 lot bare land strata
subdivision on the southern portion of the site, subject to the following conditions:

a. Section 110.1 of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied to
reduce the minimum lot area, minimum frontage and minimum lot depth in the Suburban
Residential Zone SR-1 from 3,716 m
2
, 40 m and 55 m respectively as indicated in Schedule
A;
b. Section 301.4(1) of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied to
increase the maximum lot coverage in the Suburban Residential Zone SR-1 from 33% to
35%;
c. Section 301.5(1)(b) of the Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied
to reduce the minimum front lot line setback in the Suburban Residential Zone SR-1 from
9.75 m to 7.5 m:
d. Section 301.5(1)(c) of the Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied
to reduce the minimum side lot line setback in the Suburban Residential Zone SR-1 from
3.0 m to 1.8 m;
e. Registration of a subdivision to create separate parcels for farm use (Lot 1) and non-farm use
(Lot 2);
f. Registration of a restrictive covenant prohibiting any further subdivision of the farm use lot
(Lot 1), to the acceptance of the Township;
g. Registration of a restrictive covenant concerning non-disturbance areas adjacent to the
watercourse;
h. Resolution of a public access statutory right of way over the internal sidewalks and trails, to
the acceptance of the Agricultural Land Commission and the Township;
i. Provision of serivces and off-site transportation improvements, as required, to the
acceptance of the Township; and
j. Landscape plans including trail connections and alignments being in substantial compliance
with Schedules B through I to the final acceptance of the Township.
EXECUTIVE SUMMARY:
Lavender Hills Holdings Inc. has applied to vary the provisions of Suburban Residential Zone
SR-1 and Township of Langley Zoning Bylaw 1987 No. 2500 to facilitate a 65 lot bare land
strata subdivision (ranging in size from 595 m
2
to 3,083 m
2
) on the southern 32.4 ac. (13.1 ha)
portion of property located at 24453 60 Avenue. Under the existing Suburban Residential SR-
1 zoning, the 32.6 ha (80.5 ac) site could potentially be subdivided into 87 suburban residential
lots. Proposed Development Variance Permit
No. 100061 (Attachment A) may be considered for issuance by Council.
PURPOSE:
The purpose of this report is to advise and make recommendations to Council with respect to
proposed Development Variance Permit No. 100061 for property located at 24453 60 Avenue.


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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 3 . . .



SUBJECT
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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 4 . . .



SUBJECT
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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 5 . . .


ZONING BYLAW NO. 2500


























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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 6 . . .




OVERALL SITE PLAN - SUBMITTED BY APPLICANT



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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 7 . . .


BARE LAND STRATA PLAN - SUBMITTED BY APPLICANT


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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 8 . . .

REFERENCE:
Owner: Lavender Hills Holdings Inc.
24453 60 Avenue
Langley, BC V2Z 2G5

Gar Campbell
24453 60 Avenue
Langley, BC V2Z 2G5

AppIicant:



Agent:
Lavender Hills Holdings Inc.
24453 60 Avenue
Langley, BC V2Z 2G5

Canadian Horizons Land Investment Corp.
P.O. Box 11166
Suite 710, 1055 West Georgia Street
Vancouver, BC V6E 3R5

LegaI Description: North East Quarter Section 10 Township 11
Except: Firstly: Part shown as Highway on
Plan 23059; Secondly: Part Subdivided by Plan
28041; Thirdly: Part Subdivided by Plan 29507,
New Westminster District

Location: 24453 60 Avenue

Area: 32.6 ha (80.5 ac) total site
13.1 ha (32.4 ac) area subject to DVP

AgricuIturaI Land Reserve:

RuraI PIan:

In the Agricultural Land Reserve

Salmon River Uplands

Existing Zoning: Suburban Residential Zone SR-1
(minimum lot area 3,716 m
2
/ 0.92 ac)

BACKGROUND / HISTORY:
The subject site is located in the Agricultural Land Reserve (ALR), designated Salmon River
Uplands in the Rural Plan and is zoned Suburban Residential Zone SR-1.

The site is approximately 32.5 hectares (80.5 acres) in size and is gently rolling, with a bluff
bisecting the property into north and south portions. Coghlan Creek headwaters and tributaries
traverse the property with associated wetlands. Road access to the site is from 60, 61 and 63
Avenues to the west and 64 Avenue to the north. The northern portion of the site was
previously used as an antenna-transmission tower facility and is now being farmed. The
southern portion remains mostly treed with two (2) residences and a number of structures from
the previous owners (Tuscan Farms Banquet Centre). One (1) existing dwelling is proposed to
be retained as part of the residential development.


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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 9 . . .

In 2010 Council considered an application for subdivision and non-farm use on the subject
property. The application proposed to subdivide the property into two (2) lots, with the northern
19.4 ha (48 acre) lot to be used for farm purposes and the southern 13.1 ha (32.5 acre) lot to be
developed into a 65 lot bare land strata residential subdivision.

At its meeting of April 26, 2010 Council passed the following motion:

That Council support the subdivision application creating two (2) lots of
approximately 19.4 and 13.1 ha (48 and 32.5 acres) to the Provincial Agricultural
Land Commission; and refer the non-farm use application for a 65 lot bare land
strata residential subdivision on the southerly 32.5 acre lot to the Provincial
Agricultural Land Commission for review based on agricultural considerations.

On January 25, 2011 the Provincial Agricultural Land Commission (ALC) by Resolution
#2740/2010 granted conditional approval to the non-farm use and subdivision applications.
Following submission of additional information by the applicant, the ALC on April 21, 2011 by
Resolution #166/2011 granted approval to the non-farm use and subdivision applications. A
copy of ALC Resolution #166/2011 is provided in Attachment B.
DISCUSSION / ANALYSIS:
Consistent with previous ALC approvals, Lavender Hills Holdings Inc. has applied for a
Development Variance Permit varying the provisions of the Townships Zoning Bylaw and the
Suburban Residential SR-1 zone to facilitate a 65 lot bare land strata subdivision on the
southern 13.1 ha (32.4 ac) portion of the site. Details of the applicants proposal are outlined in
Attachment C. A ravine, portions of which include a red coded watercourse, separates a
northern cluster of 43 strata lots from a southern cluster of 22 strata lots. The proposed bare
land strata development includes amenities, such as community gardens, childrens play areas
and walking trails, and an open space area around the ravine.

Adjacent Uses:
North: An agricultural property in the ALR zoned Rural Zone RU-1;
South: An agricultural property in the ALR zoned Suburban Residential Zone SR-3;
East: Agricultural properties in the ALR zoned Suburban Residential Zone SR-1 and a
property in the ALR zoned Community Care Facility Zone P-2G; and
West: Suburban residential properties not in the ALR zoned Suburban Residential Zone
SR-1.

DeveIopment Variance Permit:
Based on the current SR-1 zoning, the 32.6 ha (80.5 ac) site has the potential to be subdivided
into 87 suburban residential lots (3,716 m
2
in area). As an alternative and an attempt to reduce
the environmental and agricultural impacts, a 65 lot bare land strata subdivision, consisting of
residential lots with an average area of 808 m
2
, is proposed on the southern 13.1 ha (32.4 ac)
portion of the site. This is in keeping with the resolution of the Provincial Agricultural Land
Commission allowing the northern 19.5 ha (48.1 ac) portion of the site to be retained for
agricultural uses.

To facilitate the 65 lot bare land strata subdivision, the applicant proposes to vary the provisions
of Suburban Residential Zone SR-1 as follows:

Varying the maximum lot coverage from 33% to 35%;
Varying the minimum front lot line setback from 9.75 m to 7.5 m;
Varying the minimum side lot line setback from 3.0 m to 1.8 m;
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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 10 . . .

Varying the minimum lot area from 3,716 m
2
to a range of lot areas with a minimum of
595 m
2
and a maximum of 3,083 m
2
, with an average lot area of 808 m
2
;


Varying the minimum frontage from 40 m to a range of frontages with a minimum of 6 m

and a maximum of 38 m, with an average frontage of 22 m; and


Varying the minimum lot depth from 55 m to a range of lot depths with a minimum of 21 m

and a maximum of 62 m, with an average lot depth of 35 m.



Conditions of the Development Variance Permit include registration of the subdivision (creating
the farm and non-farm parcels) and registration of a restrictive covenant prohibiting any further
subdivision of the farm parcel. Subject to Councils consideration of the Development Variance
Permit application, the applicant will be required to register a restrictive covenant concurrent
with the subdivision prohibiting incompatible uses (agricultural uses; commercial greenhouses;
temporary accessory mobile homes; accessory commercial vehicle parking; and group
childrens daycares) on the bare land strata lots. Resolution of the provision of a public access
right of way over the internal sidewalks and trails, to the acceptance of the ALC and Township,
is also required.

Subdivision:
Preliminary subdivision plans (one to create separate farm and non-farm parcels, the other to
create the bare land strata residential subdivision) have been submitted in support of the
Development Variance Permit application. Details of the subdivisions will be addressed at the
subdivision stage pursuant to the requirements of the Subdivision and Development Servicing
Bylaw and the Bare Land Strata Regulations.

Access and Parking:
Two (2) access points are proposed to provide vehicular access to the bare land strata
subdivision. The northerly access will connect the on-site private strata road system to 61
Avenue to provide access to 43 residential lots in the northern development cluster. The
southerly access will connect the on-site private strata road system to 60 Avenue to provide
access to 22 residential lots in the southern development cluster. Given topographical
constraints, there will be no vehicular access between the two (2) housing clusters. Access to
the individual strata lots will be provided from the internal strata roads.

In compliance with the Zoning Bylaw, four (4) parking spaces can be accommodated on each
strata lot. Twenty-eight (28) dedicated visitor parking spaces are proposed for the northern
cluster given that the internal roadways do not accommodate on-street parking. The internal
roadway in the southern has sufficient width to accommodate parking on one side of the street.

Tree Protection/RepIacement:
As the site is located in the Agricultural Land Reserve, the provisions of the Subdivision and
Development Servicing Bylaw (Schedule I Tree Protection) do not apply. The applicant has
worked with Township staff to retain trees, and has provided a tree survey, arborist report, ISDC
(Integrated Site Design Concept) to identify significant trees on the site. A total of 384
significant trees are proposed to be retained within the proposed development. An additional
120 trees including street trees are proposed to be planted within the development.

SchooIs and Parks:
School District 35 has provided comments (Attachment D) and anticipates that the proposed
development will generate approximately 31 new students for Peterson Road Elementary
(located approximately 4.5 km southwest of the site) and 17 new students for DW Poppy
Secondary School (located approximately 3 km southwest of the site). The School District has
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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 11 . . .

indicated that sufficient capacity exists in these schools to accommodate the proposed
development.

The closest municipal parks to the site are Williams Park (238 Street and 66 Avenue) and
Steele Park (near 248 Street and 54 Avenue in the North Otter area).
ALR Buffer:
An approximate 10 m (33 ft) wide landscape buffer is proposed along the northern, eastern and
southern edges of the bare land strata development. The buffer plans are included as
Schedules B through I in the Development Variance Permit and are consistent with ALC
requirements.
TraiIs:
Community Connections, a Township planning document for a municipal trail network, identifies
a multi-use trail over the subject site. The trails proposed within the bare land strata
development are consistent with the indicated alignment.
EnvironmentaI Considerations:
The Townships Environmentally Sensitive Areas (E.S.A.) Study outlines general guidelines to
promote good environmental management practices. As part of the required Servicing
Agreement at the subdivision stage, the applicant is required to provide suburban level services
as well as a stormwater management plan. The provision of these items satisfies the guidelines
identified in the E.S.A. study.

A red coded watercourse is located in the western portion of the ravine that separates the two
(2) housing clusters. As the site is located in the Agricultural Land Reserve, the provisions of
the Streamside Protection Bylaw do not apply. Applicable in this case are standard letters
provided by Fisheries and Oceans Canada and the Provincial Ministry of Environment which
require a 15 m non-disturbance setback from the top of bank of a watercourse. With the
exception of an existing building encroachment, a 15 m non-disturbance area is proposed for
the protection of this watercourse (secured by a restrictive covenant). Fisheries and Oceans
Canada has reviewed and accepted the non-disturbance setbacks as well as the roadway
crossing over the watercourse (adjacent to 61 Avenue).

Servicing:
Servicing details will be addressed at time of subdivision in accordance with the Townships
Subdivision and Development Servicing Bylaw and the Bare Land Strata Regulations. The
applicants servicing proposal includes the provision of municipal water and an on-site
(decentralized) private sewage collection and treatment system. The applicant has also
submitted a traffic impact study. Provision of any off-site transportation improvements, as
required, is noted as a condition of the Development Variance Permit.
PubIic ConsuItation:
The applicant held two (2) public open houses September 12, 2012 and November 28, 2012 at
Bethel Mennonite Church. Information from the applicants agent (Canadian Horizons Land
Investment Corp.) is provided as Attachment E and summarizes the concerns raised at the
open houses by the attendees (105 at the September meeting and 57 at the November
meeting). Further opportunity for public input will be provided via the required public hearing.


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DEVELOPMENT VARIANCE PERMIT APPLICATION NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 12 . . .

POLICY CONSIDERATIONS:
The proposed development requires approval of variances to the minimum subdivision, lot
coverage and setback requirements contained in the Townships Zoning Bylaw. Approval of the
required variances will accommodate a 65 lot bare land strata subdivision on the area approved
for non-farm use by the Agricultural Land Commission.

Proposed Development Variance Permit No. 100061 is attached (Attachment A) for Councils
consideration.

Staff have notified adjacent property owners that this Development Variance Permit application
is being considered at the May 6, 2013 Public Hearing Meeting, and they may attend and speak
to the matter should they deem necessary. They have also been provided with a copy of this
report. If Council concurs, staff recommends that the Development Variance Permit be issued
as attached.

Respectfully submitted,


Robert Knall
MANAGER, DEVELOPMENT PLANNING
for
COMMUNITY DEVELOPMENT DIVISION

PW/RK

ATTACHMENT A Development Variance Permit No.100061 text and Schedules A through I:
SCHEDULE A Bare Land Strata Plan
SCHEDULE B Landscape Plan
SCHEDULE C East ALR Buffer
SCHEDULE D East ALR Buffer
SCHEDULE E North ALR Buffer
SCHEDULE F North ALR Buffer
SCHEDULE G North ALR Buffer
SCHEDULE H North ALR Buffer
SCHEDULE I South ALR Buffer

ATTACHMENT B ALC Resolution #166/2011

ATTACHMENT C Applicants Proposal

ATTACHMENT D School District Comments

ATTACHMENT E Public Consultation Summary

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ATTACHMENT A
THE CORPORATION OF THE TOWNSHIP OF LANGLEY

Development Variance Permit No. 100061

This Permit is issued this __________day of _________________ 2013 to:

1. Name: Lavender Hills Holdings Inc.

Address: 24453 60 Avenue
Langley, BC V2Z 2G5

2. This permit applies to and only to those lands within the Municipality described as follows
and to any and all buildings, structures and other development thereon:

LEGAL DESCRIPTION: North East Quarter Section 10 Township 11 Except: Firstly: Part
shown as Highway on Plan 23059; Secondly: Part Subdivided by
Plan 28041; Thirdly: Part Subdivided by Plan 29507, New
Westminster District

CIVIC ADDRESS: 24453 60 Avenue

3. This Permit is issued subject to compliance with all of the Bylaws of the Municipality of
Langley applicable thereto, except as specifically varied or supplemented by this permit as
follows:

a. Section 110.1 of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied to
reduce the minimum lot area, minimum frontage and minimum lot depth in the
Suburban Residential Zone SR-1 from 3,716 m
2
, 40 m and 55 m respectively as
indicated in Schedule A;
b. Section 301.4(1) of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied
to increase the maximum lot coverage in the Suburban Residential Zone SR-1 from
33% to 35%;
c. Section 301.5(1)(b) of the Township of Langley Zoning Bylaw 1987 No. 2500 is hereby
varied to reduce the minimum front lot line setback in the Suburban Residential Zone
SR-1 from 9.75 m to 7.5 m:
d. Section 301.5(1)(c) of the Township of Langley Zoning Bylaw 1987 No. 2500 is hereby
varied to reduce the minimum side lot line setback in the Suburban Residential Zone
SR-1 from 3.0 m to 1.8 m;
e. Registration of a subdivision to create separate parcels for farm use (Lot 1) and non-
farm use (Lot 2);
f. Registration of a restrictive covenant prohibiting any further subdivision of the farm use
lot (Lot 1), to the acceptance of the Township;
g. Registration of a restrictive covenant concerning non-disturbance areas adjacent to the
watercourse;
h. Resolution of a public access statutory right of way over the internal sidewalks and
trails, to the acceptance of the Agricultural Land Commission and the Township;
i. Provision of off-site transportation improvements, as required, to the acceptance of the
Township;
j. Landscape plans including trail connections and alignments being in substantial
compliance with Schedules B through I to the final acceptance of the Township.

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DEVELOPMENT VARIANCE PERMIT NO. 100061
(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)
Page 2 . . .

4. The land described herein shall be developed strictly in accordance with the terms,
conditions and provisions of this Permit and any plans and specifications attached as a
Schedule to this Permit which shall form a part hereof.

This Permit is not a Building Permit.

All developments forming part of this Development Variance Permit shall be substantially
commenced within two years after the date the Development Variance Permit is issued.

This permit shall have the force and effect of a restrictive covenant running with the land
and shall come into force on the date of an authorizing resolution passed by Council.

It is understood and agreed that the Municipality has made no representations, covenants,
warranties, guarantees, promises or agreement (verbal or otherwise) with the developer
other than those in this Permit.

This Permit shall enure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and assigns.

AUTHORIZING RESOLUTION PASSED BY COUNCIL THIS ____ DAY OF ________, 2013.

Attachments:
SCHEDULE A Bare Land Strata Plan
SCHEDULE B Landscape Plan
SCHEDULE C East ALR Buffer
SCHEDULE D East ALR Buffer
SCHEDULE E North ALR Buffer
SCHEDULE F North ALR Buffer
SCHEDULE G North ALR Buffer
SCHEDULE H North ALR Buffer
SCHEDULE I South ALR Buffer











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SCHEDULE A
BARE LAND STRATA PLAN



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SCHEDULE B
LANDSCAPE PLAN

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SCHEDULE C
EAST ALR BUFFER

E
.
1
P
a
g
e

3
7

o
f

5
3
1


SCHEDULE D
EAST ALR BUFFER

E
.
1
P
a
g
e

3
8

o
f

5
3
1


SCHEDULE E
NORTH ALR BUFFER

E
.
1
P
a
g
e

3
9

o
f

5
3
1


SCHEDULE F
NORTH ALR BUFFER

E
.
1
P
a
g
e

4
0

o
f

5
3
1


SCHEDULE G
NORTH ALR BUFFER

E
.
1
P
a
g
e

4
1

o
f

5
3
1


SCHEDULE H
NORTH ALR BUFFER

E
.
1
P
a
g
e

4
2

o
f

5
3
1


SCHEDULE I
SOUTH ALR BUFFER


E
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1
P
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e

4
3

o
f

5
3
1
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ATTACHMENT B
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done over the past fve years,
Mountain View will fll a
loved family market next door, along with community gardens, edible
where the natural heritage, including fsh and wildlife habitats,
waterways and aquifers, continues to be respected.
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ATTACHMENT C
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ATTACHMENT D
Most FrequentIy Expressed Concerns
Summarized from September 12, 2012
PubIic Open House Comment Sheets
Residents were asked to provide comments on the proposaI,
and 52 comment sheets were submitted. The most frequentIy
expressed concerns were:
Canadian Horizons and the Township of Langley reviewed these comments with the
project's professional consulting team of planners, engineer, environmental biologist,
arborist, landscape architect, and house designer to determine the scope of work
that was required to best consider, analyze, and determine possible solutions and
responses to these concerns.
We have prepared:
Additional traffc study to address
- traffc volumes, and
- cut-through traffc and traffc calming
Alternate land use concepts for discussion
Additional work on 61 Avenue water course crossing, setbacks and profles
71%
33%
23%
15%
FrequentIy Expressed Concerns
ATTACHMENT E
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