Lavender Hills Development

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MAY 6, 2013 - PUBLIC HEARING 13-58 COMMUNITY DEVELOPMENT DIVISION 11-10-0076 DEVELOPMENT VARIANCE PERMIT

APPLICATION NO. 100061(LAVENDER HILLS HOLDINGS INC. / 24453 60 AVENUE)

Development Variance Permit to vary the provisions of

Suburban Residential Zone SR-1 to facilitate a 65 lot bareland strata subdivision on the southern portion of propertylocated at 24453 60 Avenue.

That Council consider issuance of Development VariancePermit No. 100061.

Under the existing Suburban Residential Zone SR-1 zoning,the 32.6 ha (80.5 ac) site has the potential to be subdividedinto 87 suburban residential lots. The proposed

Development Variance Permit is intended toaccommodate a 65 lot bare land strata subdivisionon the area with lower agricultural capability asapproved 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)

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Council consider issuance of Development Variance Permit No. 100061 for propertylocated at 24453 60 Avenue varying the provisions of the Suburban Residential Zone SR-1and 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 toreduce the minimum lot area, minimum frontage and minimum lot depth in the SuburbanResidential Zone SR-1 from 3,716 m2, 40 m and 55 m respectively as indicated in ScheduleA;

b. Section 301.4(1) of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied toincrease the maximum lot coverage in the Suburban Residential Zone SR-1 from 33% to35%;

c. Section 301.5(1)(b) of the Township of Langley Zoning Bylaw 1987 No. 2500 is hereby variedto reduce the minimum front lot line setback in the Suburban Residential Zone SR-1 from9.75 m to 7.5 m:

d. Section 301.5(1)(c) of the Township of Langley Zoning Bylaw 1987 No. 2500 is hereby variedto reduce the minimum side lot line setback in the Suburban Residential Zone SR-1 from3.0 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 thewatercourse;

h. Resolution of a public access statutory right of way over the internal sidewalks and trails, tothe acceptance of the Agricultural Land Commission and the Township;

i. Provision of serivces and off-site transportation improvements, as required, to theacceptance of the Township; and

j. Landscape plans including trail connections and alignments being in substantial compliancewith Schedules B through I to the final acceptance of the Township.

Lavender Hills Holdings Inc. has applied to vary the provisions of Suburban Residential ZoneSR-1 and Township of Langley Zoning Bylaw 1987 No. 2500 to facilitate a 65 lot bare landstrata subdivision (ranging in size from 595 m2 to 3,083 m2) 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 residentiallots. Proposed Development Variance PermitNo. 100061 (Attachment A) may be considered for issuance by Council.

The purpose of this report is to advise and make recommendations to Council with respect toproposed Development Variance Permit No. 100061 for property located at 24453 60 Avenue.

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SUBJECT

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SUBJECT

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Lavender Hills Holdings Inc.24453 60 AvenueLangley, BC V2Z 2G5

Gar Campbell24453 60 AvenueLangley, BC V2Z 2G5

Lavender Hills Holdings Inc.24453 60 AvenueLangley, BC V2Z 2G5

Canadian Horizons Land Investment Corp.P.O. Box 11166Suite 710, 1055 West Georgia Street

Vancouver, BC V6E 3R5

North East Quarter Section 10 Township 11Except: Firstly: Part shown as Highway onPlan 23059; Secondly: Part Subdivided by Plan28041; Thirdly: Part Subdivided by Plan 29507,New Westminster District

24453 60 Avenue

32.6 ha (80.5 ac) total site13.1 ha (32.4 ac) area subject to DVP

In the Agricultural Land Reserve

Salmon River Uplands

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

The subject site is located in the Agricultural Land Reserve (ALR), designated Salmon RiverUplands 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 bluffbisecting the property into north and south portions. Coghlan Creek headwaters and tributariestraverse 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 waspreviously used as an antenna-transmission tower facility and is now being farmed. Thesouthern portion remains mostly treed with two (2) residences and a number of structures fromthe previous owners (Tuscan Farms Banquet Centre). One (1) existing dwelling is proposed tobe retained as part of the residential development.

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Page 9 . . .

In 2010 Council considered an application for subdivision and non-farm use on the subjectproperty. The application proposed to subdivide the property into two (2) lots, with the northern19.4 ha (48 acre) lot to be used for farm purposes and the southern 13.1 ha (32.5 acre) lot to bedeveloped into a 65 lot bare land strata residential subdivision.

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

ThatCouncil support the subdivision application creating two (2) lots ofapproximately 19.4 and 13.1 ha (48 and 32.5 acres) to the Provincial AgriculturalLand Commission; and refer the non-farm use application for a 65 lot bare landstrata residential subdivision on the southerly 32.5 acre lot to the ProvincialAgricultural 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 byResolution #166/2011 granted approval to the non-farm use and subdivision applications. A

copy of ALC Resolution #166/2011 is provided in Attachment B.

Consistent with previous ALC approvals, Lavender Hills Holdings Inc. has applied for aDevelopment Variance Permit varying the provisions of the Townships Zoning Bylaw and theSuburban Residential SR-1 zone to facilitate a 65 lot bare land strata subdivision on thesouthern 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 anorthern cluster of 43 strata lots from a southern cluster of 22 strata lots. The proposed bareland strata development includes amenities, such as community gardens, childrens play areasand walking trails, and an open space area around the ravine.

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; andWest: Suburban residential properties not in the ALR zoned Suburban Residential Zone

SR-1.

Based on the current SR-1 zoning, the 32.6 ha (80.5 ac) site has the potential to be subdividedinto 87 suburban residential lots (3,716 m2 in area). As an alternative and an attempt to reducethe environmental and agricultural impacts, a 65 lot bare land strata subdivision, consisting of

residential lots with an average area of 808 m2

, 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 LandCommission allowing the northern 19.5 ha (48.1 ac) portion of the site to be retained foragricultural uses.

To facilitate the 65 lot bare land strata subdivision, the applicant proposes to vary the provisionsof 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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Varying the minimum lot area from 3,716 m2 to a range of lot areas with a minimum of595 m2 and a maximum of 3,083 m2, with an average lot area of 808 m2;

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 (creatingthe farm and non-farm parcels) and registration of a restrictive covenant prohibiting any furthersubdivision of the farm parcel. Subject to Councils consideration of the Development VariancePermit application, the applicant will be required to register a restrictive covenant concurrentwith the subdivision prohibiting incompatible uses (agricultural uses; commercial greenhouses;temporary accessory mobile homes; accessory commercial vehicle parking; and groupchildrens daycares) on the bare land strata lots. Resolution of the provision of a public accessright of way over the internal sidewalks and trails, to the acceptance of the ALC and Township,is also required.

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

Two (2) access points are proposed to provide vehicular access to the bare land stratasubdivision. 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. Thesoutherly access will connect the on-site private strata road system to 60 Avenue to provideaccess to 22 residential lots in the southern development cluster. Given topographicalconstraints, there will be no vehicular access between the two (2) housing clusters. Access tothe 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 eachstrata lot. Twenty-eight (28) dedicated visitor parking spaces are proposed for the northerncluster given that the internal roadways do not accommodate on-street parking. The internalroadway in the southern has sufficient width to accommodate parking on one side of the street.

As the site is located in the Agricultural Land Reserve, the provisions of the Subdivision andDevelopment 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 384significant trees are proposed to be retained within the proposed development. An additional120 trees including street trees are proposed to be planted within the development.

School District 35 has provided comments (Attachment D) and anticipates that the proposeddevelopment 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 PoppySecondary School (located approximately 3 km southwest of the site). The School District has

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indicated that sufficient capacity exists in these schools to accommodate the proposeddevelopment.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).

An approximate 10 m (33 ft) wide landscape buffer is proposed along the northern, eastern andsouthern edges of the bare land strata development. The buffer plans are included asSchedules B through I in the Development Variance Permit and are consistent with ALCrequirements.

Community Connections, a Township planning document for a municipal trail network, identifiesa multi-use trail over the subject site. The trails proposed within the bare land stratadevelopment are consistent with the indicated alignment.

The Townships Environmentally Sensitive Areas (E.S.A.) Study outlines general guidelines topromote good environmental management practices. As part of the required Servicing

Agreement at the subdivision stage, the applicant is required to provide suburban level servicesas well as a stormwater management plan. The provision of these items satisfies the guidelinesidentified 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 ofthe Streamside Protection Bylaw do not apply. Applicable in this case are standard lettersprovided by Fisheries and Oceans Canada and the Provincial Ministry of Environment whichrequire 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 forthe protection of this watercourse (secured by a restrictive covenant). Fisheries and OceansCanada has reviewed and accepted the non-disturbance setbacks as well as the roadwaycrossing over the watercourse (adjacent to 61 Avenue).

Servicing details will be addressed at time of subdivision in accordance with the TownshipsSubdivision and Development Servicing Bylaw and the Bare Land Strata Regulations. Theapplicants servicing proposal includes the provision of municipal water and an on-site(decentralized) private sewage collection and treatment system. The applicant has alsosubmitted a traffic impact study. Provision of any off-site transportation improvements, asrequired, is noted as a condition of the Development Variance Permit.

The applicant held two (2) public open houses September 12, 2012 and November 28, 2012 atBethel Mennonite Church. Information from the applicants agent (Canadian Horizons LandInvestment Corp.) is provided as Attachment E and summarizes the concerns raised at theopen houses by the attendees (105 at the September meeting and 57 at the Novembermeeting). Further opportunity for public input will be provided via the required public hearing.

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The proposed development requires approval of variances to the minimum subdivision, lotcoverage and setback requirements contained in the Townships Zoning Bylaw. Approval of therequired 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 Councilsconsideration.

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

Respectfully submitted,

Robert KnallMANAGER, DEVELOPMENT PLANNINGforCOMMUNITY DEVELOPMENT DIVISION

PW/RK

ATTACHMENT A Development Variance Permit No.100061 text and Schedules A through I:SCHEDULE A Bare Land Strata PlanSCHEDULE B Landscape PlanSCHEDULE C East ALR Buffer

SCHEDULE D East ALR BufferSCHEDULE E North ALR BufferSCHEDULE F North ALR BufferSCHEDULE G North ALR BufferSCHEDULE H North ALR BufferSCHEDULE 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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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 AvenueLangley, BC V2Z 2G5

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

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

CIVIC ADDRESS: 24453 60 Avenue

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

a. Section 110.1 of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby varied toreduce the minimum lot area, minimum frontage and minimum lot depth in theSuburban Residential Zone SR-1 from 3,716 m2, 40 m and 55 m respectively asindicated in Schedule A;

b. Section 301.4(1) of Township of Langley Zoning Bylaw 1987 No. 2500 is hereby variedto 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 ZoneSR-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 herebyvaried to reduce the minimum side lot line setback in the Suburban Residential ZoneSR-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 uselot (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 andtrails, to the acceptance of the Agricultural Land Commission and the Township;

i. Provision of off-site transportation improvements, as required, to the acceptance of theTownship;

j. Landscape plans including trail connections and alignments being in substantialcompliance 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 aSchedule 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 substantiallycommenced 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 landand 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 developerother 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 PlanSCHEDULE B Landscape PlanSCHEDULE C East ALR BufferSCHEDULE D East ALR BufferSCHEDULE E North ALR BufferSCHEDULE F North ALR BufferSCHEDULE G North ALR BufferSCHEDULE H North ALR BufferSCHEDULE I South ALR Buffer

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SCHEDULE ABARE LAND STRATA PLAN

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SCHEDULE BLANDSCAPE PLAN

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SCHEDULE CEAST ALR BUFFER

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SCHEDULE DEAST ALR BUFFER

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SCHEDULE ENORTH ALR BUFFER

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SCHEDULE FNORTH ALR BUFFER

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SCHEDULE GNORTH ALR BUFFER

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SCHEDULE HNORTH ALR BUFFER

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SCHEDULE ISOUTH ALR BUFFER

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ATTACHMENT B


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ATTACHMENT C


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ATTACHMENT D


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ATTACHMENT E

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Lavender Hills Development

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