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THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500


AMENDMENT (FERNRIDGE PLACE) BYLAW 2009 NO. 4729

EXPLANATORY NOTE

Bylaw No. 4729 rezones a 0.51 ha (1.26 acre) portion of property located at 2107 - 200 Street
from Suburban Residential SR-2 to a new Community Care Facility Zone P-2N to permit
expansion from six (6) to fifty one (51) beds of an existing specialized residential care facility for
persons with developmental disabilities.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500


AMENDMENT (FERNRIDGE PLACE) BYLAW 2009 NO. 4729

A Bylaw to amend Township of Langley Zoning Bylaw 1987 No. 2500

WHEREAS it is deemed necessary and desirable to amend “Township of Langley Zoning Bylaw
1987 No. 2500” as amended;

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

1. This Bylaw may be cited for all purposes as “Township of Langley Zoning Bylaw 1987
No. 2500 Amendment (Fernridge Place) Bylaw 2009 No. 4729”.

2. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further
amended by:

a. Replacing the words “Community Care Facility Act” with the words “Community
Care and Assisted Living Act” in the definition of “Community Care Facility” in
Section 102
b. Adding P-2N to the list of zones contained in Table of Contents Section 800 –
Institutional Zones
c. Adding P-2A through P-2N to the list of zones contained in Section 104.1 - Zones
d. Adding to Section 104.1 – Zones the words “Community Care Facility Zone P-2A
to P-2N” after the words “Civic Institutional Zone P-1A”
e. Adding to Section 110.7 the following as item (7):
“The minimum lot area in a P-2N zone shall be 0.5 ha”
f. Adding the following as Section 802.2(14):
“In the P-2N zone, community care facilities shall be limited to a maximum of 51
beds for the provision of care, treatment, board and lodging programs for
persons with developmental disabilities.”
g. Adding “P-2N” to the list of zones in Section 802.5(1).

3. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further
amended by rezoning the lands described as:

Portion of Lot 18 Section 15 Township 7 New Westminster District Plan 40200

as shown delineated on Schedule “A” attached to and forming part of this Bylaw to
Community Care Facility Zone P-2N.

READ A FIRST TIME the 23 day of March , 2009


READ A SECOND TIME the 23 day of March , 2009
PUBLIC HEARING HELD the 20 day of April , 2009
READ A THIRD TIME the 11 day of May , 2009
RECONSIDERED AND ADOPTED day of , 2009
the

Mayor Deputy Township Clerk


Bylaw No. 4729
Page 2
REPORT TO

MAYOR AND COUNCIL

PRESENTED: MARCH 23, 2009 - REGULAR MEETING REPORT: 09-31


FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 07-15-0038
SUBJECT: REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)

PROPOSAL:
Rezone from Suburban Residential Zone SR-2 to
Community Care Facility Zone P-2N to accommodate
the expansion of Fernridge Place, an existing
Specialized Residential Care Facility, from six (6)
existing beds to fifty one (51) beds on a site located at
2107 – 200 Street.

RECOMMENDATION SUMMARY:
That Council give first and second reading to Bylaw No.
4729, with the completion of three (3) conditions; and
that staff be authorized to schedule the required Public
Hearing.

RATIONALE:
The proposal is consistent with the Township Official
Community Plan’s objective of providing for social
services within the Township.
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 2 . . .

RECOMMENDATION(S):
That Council give first and second reading to Rezoning Bylaw No. 4729 to rezone a portion of a site
located at 2107 – 200 Street from Suburban Residential Zone SR-2 to a new Community Care
Facility Zone P-2N, allowing for the expansion of Fernridge Place from six (6) to fifty one (51) beds,
subject to the following development prerequisites being satisfied prior to final reading:

1. Provision of a road dedication of 17.5 metres total (measured from centerline) for 200 Street
in accordance with Schedule P-1 of the Township’s Subdivision and Development Control
Bylaw (Policy Section) as amended to reflect this requirement to the acceptance of the
General Manager of Engineering;
2. Registration of a restrictive covenant securing connection to municipal sewer and water
facilities at time of building permit issuance;
3. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No.
4470 including provision of a final tree management plan incorporating tree retention,
replacement and protection details, to the acceptance of the Manager of Parks Design and
Development; and further

That Council authorize staff to schedule the required public hearing for Rezoning Bylaw No.
4729.

EXECUTIVE SUMMARY:
Fernridge Place has applied to rezone a 0.51 ha (1.26 acre) portion of a site located at 2107 –
200 Street currently zoned Suburban Residential Zone SR-2 to a new site specific Community
Care Facility Zone P-2N. The P-2N zone will be a new site specific zone written to
accommodate the needs of Fernridge Place. The rezoning will permit the expansion of the
existing Specialized Residential Care Facility (currently zoned SR-2) for persons with
developmental disabilities from six (6) to fifty-one (51) beds.

Although the current SR-2 zone does not specifically permit the operation of a Specialized
Residential Care Facility, Fernridge Place is able to operate legally under the Community Care
and Assisted Living Act. The Act allows for such facilities to exist in a single family residence
provided that a maximum of ten (10) persons are on site [with no more than six (6) persons in
care] even when not in compliance with zoning bylaws. Proposed expansion of Fernridge Place
to allow a total of fifty one (51) beds will result in the facility no longer qualifying for this
exemption under the provisions of the Community Care and Assisted Living Act, and requires
rezoning of the site to legally operate.

Staff are supportive of the rezoning proposal on the basis of it accommodating social services
for the community in compliance with the Township of Langley’s Official Community Plan goals
and objectives.

PURPOSE:
The purpose of this report is to advise and make recommendations to Council with respect to
Rezoning Bylaw No. 4729.
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 3 . . .

SUBJECT

I
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 4 . . .

ZONING BYLAW NO. 2500


REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 5 . . .

Preliminary Site Plan – SUBMITTED BY APPLICANT

Existing building

Area to remain zoned SR-2 Area to be


rezoned P-2N
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 6 . . .

ADDITIONAL INFORMATION:

REFERENCE:
Owner/ Applicant: 0701743 BC Ltd.
d.b.a. Fernridge Place (c/o Dana McKague)
2107 – 200 Street
Langley BC V2Z 1Z6

Legal Description: Lot 18 Section 15 Township 7


New Westminster District Plan 40200

Location: 2107 – 200 Street

Area: 1.02 ha (2.53 acres) – total lot area

0.51 ha (1.26 acres) – area being rezoned P-2N

Existing Zoning: Suburban Residential Zone SR-2

Proposed Zoning: Community Care Facility Zone P-2N

Brookswood/Fernridge Residential Single Family (eastern ½ of site)


Community Plan: and Elementary School/Neighbourhood Park
(western ½ of site)

E.S.A. Designation: E.S.A.# 087 – Upland SW of Campbell River


Valley (Rating- #3) – eastern 2/3 of site; and
E.S.A.# 079 – North Campbell Aquifer (Rating- #1)
– western 1/3 of site

BACKGROUND/HISTORY:
The subject site is currently zoned Suburban Residential Zone SR-2. The eastern half of the
site is designated for ‘Residential Single Family’ purposes in the Brookswood/Fernridge
Community Plan. The western half of the site is designated as a future “Elementary School /
Neighbourhood Park” site, and is NOT proposed to be rezoned as part of this application.

Fernridge Place (located at 2107 - 200 Street) currently operates (in accordance with the
Community Care and Assisted Living Act) as a six (6) bed Specialized Residential Care Facility
and is now proposing to expand to accommodate up to a total of fifty one (51) beds. This will
require a rezoning from Suburban Residential SR-2 to a new site-specific Community Care
Facility Zone (P-2N).

DISCUSSION / ANALYSIS:
The subject 1.02 ha (2.53 acre) property is located at 2107 – 200 Street in the Brookswood/
Fernridge area. Existing buildings on the property are located on the front third of the site. The
main building is a two-storey structure (approximately 883 m2 / 9,500 ft2) designed in a
“Craftsman” architectural style to complement the residential character of the area. The ground
floor includes a main entrance lobby with an adjacent nursing/administrative station, resident
lounge/dining area, commercial kitchen, offices and storage space.
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 7 . . .

Another wing of the building contains resident rooms and support facilities. The rear wing of the
building contains a whirlpool/therapy room and therapeutic/exercise facilities. The upper floor of
the front portion of the building contains additional common areas and resident rooms, and is
used by those residents requiring a lower level of care and supervision. The wings of the
building surround a courtyard which is used for barbeques and outdoor activities. Outbuildings
include a garden shed and well pump house. Behind the main building is a grassed lawn area,
with the rear third of the site being more heavily treed.

Surrounding properties are zoned Suburban Residential SR-2 and are used for rural residential
purposes.

Proposed Zoning (Bylaw 4729):


According to the applicant, Fernridge Place is a long term care facility licensed under the
Community Care and Assisted Living Act and operating under the direction of the Fraser Health
Authority (Acquired Brain Injury Program). The facility provides residential services to
individuals with compromised physical and cognitive health. In particular, nursing care is
provided on a 24 hour basis to clients who have experienced head injuries due to trauma (i.e.
work or motor vehicle accidents) or who have neurological disorders. Further services provided
include life skills training, physiotherapy, occupational therapy, recreational activities and dietary
services. The facility currently employs a total staff of six people who are present on a 24 hour
basis, each with varying shifts.

Although the current SR-2 zone does not specifically permit the operation of a Specialized
Residential Care Facility, Fernridge Place is able to operate legally under the Community Care
and Assisted Living Act. The Act allows for such facilities to exist in a single family residence
provided that a maximum of ten (10) persons are on site [with no more than six (6) persons in
care] even when not in compliance with zoning bylaws. Proposed expansion of Fernridge Place
to allow a total of fifty one (51) beds will result in the facility no longer qualifying for this
exemption under the provisions of the Community Care and Assisted Living Act, and requires
rezoning of the site to legally operate.

The application proposes to rezone the east half of the site from Suburban Residential Zone
SR-2 to a new Community Care Facility Zone P-2N (being created to specifically accommodate
the proposed development). The proposed P-2N zone will permit community care facilities up
to a maximum of fifty one (51) beds limited to the provision of care, treatment, board and
lodging for the developmentally disabled. As the Brookswood/Fernridge Community Plan
designates the rear portion of the site as a future “Elementary School/Neighbourhood Park” site,
only the front half of the site is proposed to be rezoned to P-2N. The rear half of the site will
remain zoned Suburban Residential SR-2.

The applicant intends to expand the existing building (to its rear) with a two-storey addition (to
be built in two phases). The expanded facility will offer additional direct care staff at an
expected staff/resident ratio of 2:12 on a 7.5 hour shift rotation. An increase in staff (direct care
and other) to a total of 25 working over a 24 hour period seven days a week is anticipated.
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 8 . . .

The Township of Langley’s Official Community Plan states the Township’s desire to promote
“the development of complete communities and increased community diversity.” One method of
doing this is by “including planning and development principles that encourage each community
to provide a mix of land uses, including housing, employment, educational and recreational
opportunities, a mix of housing types, densities and tenures, provision of a full array of
infrastructure and services, provision of a balance between jobs and residents, and links to
other communities and larger centres in the region.”

Also, the Official Community Plan explicitly states as a goal “the provision of adequate physical
and social services within the means of the municipality.” In staff’s opinion the proposed
rezoning to facilitate expansion of Fernridge Place is considered to be consistent with the
Township’s Official Community Plan’s objectives.

Servicing:
The site is presently serviced by an on-site water well and a septic system. The existing
building is sprinklered and has an on-site water reservoir for fire suppression. The applicant
intends to connect to municipal sewer and water services at the time the building is expanded.
No servicing agreement is required at the rezoning stage, however at the Building Permit stage
the proponent will be required to connect to the municipal water and sanitary sewer systems
fronting the site which will require payment of latecomer charges.

As 200 Street is designated a 35-metre arterial road, the Township will require a total road
widening to 17.5 metres measured from its original centre line in accordance with the
Township’s P-1 highway classification map in the Subdivision and Development Control Bylaw.
This means a dedication of approximately 7.5 metres in width across the frontage of the
property.

Transit:
Bus service is currently provided along 200 Street adjacent to the site by the C63 (Fernridge /
Langley Centre) “Community Shuttle” route, connecting to other routes at the Langley Centre
transit exchange. The nearest bus stops are located on 200 Street at 20 Avenue and
22 Avenue.

Parks and Recreation:


The nearest Township facility is Noel Booth Community Park located at 36 Avenue and
202 Street. Campbell Valley Regional Park is located several blocks to the south of the site.
The Brookswood/Fernridge Community Plan tentatively identifies the development of an
elementary school / neighbourhood park site immediately to the west of the subject property.

Tree Protection/ Replacement:


Information provided by the applicant indicates that 31 significant trees exist on the subject
property. The majority of these trees (30 out of 31) are located on the rear third of the site in an
area of the lot not proposed to be rezoned. One (1) significant tree is located within the portion
of the property proposed to be rezoned (near the courtyard of the existing building), and is not
anticipated to be affected by future expansion of the building. In accordance with the
Township’s Tree Protection Bylaw, 35 replacement trees are required within the area being
rezoned, and will be provided either on-site (as part of the landscaping associated with a future
building permit approval) or off-site (at a location acceptable to the Township). Final tree
retention, protection, and replacement plans are subject to the final acceptance of the Manager
of Parks Design and Development. This requirement has been included in the list of
development prerequisites to be completed prior to final reading of the rezoning bylaw.
REZONING APPLICATION NO. 100319
(FERNRIDGE PLACE)
Page 9 . . .

Environmental:
The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the property as
forming part of the “Upland Southwest of Campbell River Valley” area. There are no
watercourses on the site.

The applicant will be required to provide erosion and sediment control measures in accordance
with the Erosion and Sediment Control Bylaw, to the acceptance of the General Manager of
Engineering as part of a future building permit application. The connection of the site to full
municipal services as well provision of a stormwater management plan (both at the time of
building permit application) and compliance with the Township’s Tree Protection
Bylaw satisfy the management guidelines identified in the Township’s Environmentally Sensitive
Areas Study.

Development Prerequisites:
Prior to final reading of the rezoning bylaw, the following items must be finalized:

1. Provision of a road dedication of 17.5 metres total (measured from centerline) for 200
Street in accordance with Schedule P-1 of the Township’s Subdivision and Development
Control Bylaw (Policy Section) as amended to reflect this requirement to the acceptance
of the General Manager of Engineering;
2. Registration of a restrictive covenant securing connection to municipal sewer and water
facilities at time of building permit issuance;
3. Compliance with the Subdivision and Development Control Bylaw (Tree Protection) No.
4470 including provision of a final tree management plan incorporating tree retention,
replacement and protection details, to the acceptance of the Manager of Parks Design
and Development.

POLICY CONSIDERATIONS:
The Fernridge Place proposal complies with the Township’s Official Community Plan which
encourages a mix of housing types and a range of social services in each community. Staff
recommends that Bylaw No. 4729 be given first and second reading, and that staff be
authorized to schedule the required public hearing.

Respectfully submitted,

Robert Knall
SENIOR DEVELOPMENT PLANNER
for
COMMUNITY DEVELOPMENT DIVISION

RK

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