REPORT TO

MAYOR AND COUNCIL

PRESENTED: FEBRUARY 16, 2009 - REGULAR MEETING REPORT: 09-15

FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 08-01-0089
SUBJECT: 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 to
accommodate a two (2) lot single family subdivision.

RECOMMENDATION SUMMARY:
That Council give first and second reading to Bylaw
No.’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.
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 2 . . .

RECOMMENDATIONS:
That Council give first and second reading to Rezoning Bylaw No. 4725 (and accompanying
Murrayville 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 Suburban
Residential Zone SR-3 to Residential Zone R-1E to accommodate a two (2) lot single family
subdivision, 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 on 51B Avenue in accordance with the Township’s
Subdivision 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 a
two (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 Township’s Tree Protection Bylaw 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;
4. Registration of a restrictive covenant defining the environmental non-disturbance area and
preventing further encroachment of the existing dwelling into it;
5. Registration of a restrictive covenant prohibiting any further subdivision of the subject site
beyond the current proposal;
6. Registration of a restrictive covenant advising the owner and occupants of their proximity to
the 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 to
achieve acceptable interior noise levels adjacent to the Langley Regional Airport;
8. Payment of supplemental rezoning application fees and site servicing review fees; and
further

That Council 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 and
to 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 density
provisions of the Murrayville Community Plan.

PURPOSE:
This report is to provide information and recommendations to Council concerning Community
Plan Amendment Bylaw No. 4724 and Rezoning Bylaw No. 4725.
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 3 . . .

SUBJECT
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 4 . . .

ZONING BYLAW NO. 2500

OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 5 . . .

PRELIMINARY SUBDIVISION LAYOUT – SUBMITTED BY APPLICANT

OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 6 . . .

ADDITIONAL INFORMATION:
Owner: Nelson Vieira
21429 – 51B Avenue
Langley, BC V3A 5B8

Agent: Ajay Soni

902 – 777 – West Broadway
Vancouver, BC V5Z 4J7

Legal Description: Lot 49 Section 1 Township 8 New Westminster

District Plan 41141

PID: 001-233-971

Location: 21429 – 51B Avenue

Total Area: 0.40 ha (1.00 acre)

Area to be amended in the Murrayville 1,033 m2 (11,119 ft2)

Community Plan and Rezoned:

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 to

Residential Zone R-1E
(minimum lot size 930 m2 / 10,011 ft2).

Existing Murrayville Community Plan: Suburban

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

Proposed Murrayville Community Plan Redesignating a 1,033 m2 (11,119 ft2) portion to

Single Family One
(maximum density 10 units per ha (4 units per
acre); 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 a
maximum density of 5 units per hectare (2 units per acre), at a minimum lot size of 1,765 m2
(18,999 ft2). Existing zoning is Suburban Residential Zone SR-3, also allowing a minimum lot
size of 1,765 m2 (18,999 ft2).
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 7 . . .

DISCUSSION / ANALYSIS:
Ajay Soni has applied on behalf of Nelson Vieira to amend the Murrayville Community Plan and
to 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 is
occupied by one (1) existing single family home that will be retained. A small red coded
watercourse 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 Airport
Zone P-4;
South: 51B Avenue, beyond which is a single family subdivision zoned Residential Zone
R-1E;
East: A single family subdivision zoned Residential Zone R-1E and Residential Zone
R-1D; and
West: A single family subdivision zoned Suburban Residential Zone SR-1 and
Suburban Residential Zone SR-3, beyond which are lands in the Agricultural
Land Reserve zoned Rural Zone RU-1.

Murrayville Community Plan Amendment:

The subject site is designated “Suburban” in the Murrayville Community Plan, allowing a
maximum density of 5 units per hectare (2 units per acre) with a minimum lot size of 1,765 m2
(18,999 ft2). The applicant proposes to create two (2) single family residential lots, at a
proposed density of 5 units per hectare (2 units per acre), however one lot is proposed to be
less 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 the
western portion of the property. In compliance with the Township’s Streamside Protection and
Enhancement Bylaw requirement of a 30 metre setback from a red coded watercourse, the
eastern portion of the subject site is the only area suitable for further development. While the
proposed development complies with the overall density requirements of the “Suburban”
designation of the Murrayville Community Plan, it does not comply with the minimum lot size
requirements. Therefore, the applicant proposes to amend the Murrayville Community Plan
from “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 maximum
density of 10 units per ha (4 units per acre) with a minimum lot size of 930 m2 (10,011 ft2). The
remainder of the site will retain its current “Suburban” designation. Staff support the request to
amend the Murrayville Community Plan on the 1,033 m2 (11,119 ft2) portion of the site as the
proposed development complies with the overall density provisions of the Murrayville
Community Plan (5 units per hectare / 2 units per acre), but not the minimum lot size.
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
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 single
family subdivision. The remainder of the site will retain its current Suburban Residential Zone
SR-3 zoning. The development complies with the proposed Community Plan designation as
well 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 Plan
amendment and rezoning application. It proposes the creation of two (2) single family
residential 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 protect
the 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 subdivision
beyond the current proposal. Subdivision details will be addressed at the time of subdivision
pursuant to the Subdivision and Development Control Bylaw and Policy.

Langley Regional Airport:

Given the subject site’s proximity to the Langley Regional Airport, staff consulted with Transport
Canada and Avcon Consulting Ltd., the agency under contract with the Township to manage the
airport. As the development proposal complies with the Langley Airport Zoning Regulations of
the Aeronautics Act, neither agency objected to the proposed subdivision. As a condition of
final reading, the applicant will be required at the subdivision approval stage to undertake a
noise study and to register a restrictive covenant requiring the new dwelling to incorporate
sound insulation in order to achieve acceptable interior noise levels. The applicant will also be
required as a condition of final reading to register a restrictive covenant advising the owner and
occupants of the proximity to the Langley Regional Airport and the potential for sound and other
impacts from normal airport activities.

Servicing:
Existing full municipal services on 51B Avenue are adequate to be extended to service the
proposed development. Prior to final reading, the applicant will be required to enter into a
Servicing Agreement to secure upgrades to 51B Avenue fronting the site and the provision of
full municipal services to the proposed lots in accordance with the Township’s Subdivision and
Development 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 the
northern property line of the subject site. As a condition of final reading, the applicant will be
required 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 be
constructed within the existing walkway dedication to the acceptance of the Manager of Parks
Design and Development.
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
Page 9 . . .

Tree Protection:
In compliance with the Tree Protection Bylaw, the applicant has submitted a tree survey and
tree 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 accordance
with the Tree Protection Bylaw, 15 replacement trees are required to be planted on the
development site. As a result, a total of 20 trees will be in place after the development. Final
tree retention, protection and replacement details are subject to the acceptance of the Manager
of Parks Design and Development prior to final reading.

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 Bylaw, satisfies the management guidelines identified in the Township’s
Environmentally Sensitive Areas Study.

A small red coded watercourse flows over the western portion of the development site. In
compliance with the Township’s Streamside Protection and Enhancement Bylaw, no new
development is proposed within the 30 metre non-disturbance area of the watercourse. The
new dwelling on the eastern lot is well beyond the required 30 metre setback from the top of
bank. As a condition of final reading, the applicant will be required to register a streamside
protection restrictive covenant that defines the non-disturbance area and prevents further
encroachment of the existing dwelling into the non-disturbance area.

Transit:
Translink currently operates two Community Shuttles through Murrayville 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.

Schools:
The proposed development will not impact schools in the area. Elementary students are within
the James Hill Elementary School catchment area which is located approximately 2,200 metres
south-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 located
at 48 Avenue and Old Yale Road.
OFFICIAL COMMUNITY PLAN AMENDMENT AND
REZONING APPLICATION NO. 100065
(VIEIRA/SONI)
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 road
and utility upgrades and extensions on 51B Avenue in accordance with the Township’s
Subdivision 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 a
two (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 Township’s Tree Protection Bylaw 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;
4. Registration of a restrictive covenant defining the environmental non-disturbance area and
preventing further encroachment of the existing dwelling into it;
5. Registration of a restrictive covenant prohibiting any further subdivision of the subject site
beyond the current proposal;
6. Registration of a restrictive covenant advising the owner and occupants of their proximity to
the 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 to
achieve acceptable interior noise levels adjacent to the Langley Regional Airport;
8. Payment of supplemental rezoning application fees and site servicing review fees; and
further

POLICY CONSIDERATIONS:
Staff support the Community Plan and Rezoning Bylaws as the proposed development complies
with the overall density provisions 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,

Patrick Ward
DEVELOPMENT PLANNER
for
COMMUNITY DEVELOPMENT DIVISION

PJW
 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 eastern
1,033 m2 (11,119 ft2) portion of property located at 21429 51B Avenue to accommodate a
two (2) lot single family subdivision.
 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

A Bylaw to amend Langley Official Community Bylaw 1979 No. 1842

Amendment (Murrayville Community Plan) Bylaw 1988 No. 2661

WHEREAS it is deemed necessary and desirable to amend “Langley Official Community Plan
Bylaw 1979 No. 1842” 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 “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 Community
Plan) 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 Westminster
District Plan 41141
PID: 001-233-971

as shown delineated on Schedule “A” attached to and forming part of this Bylaw to “Single
Family One”.

READ A FIRST TIME the day of , 2009

READ A SECOND TIME the day of , 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

Bylaw No. 4724
Page 2
 THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4725

EXPLANATORY NOTE

Bylaw No. 4725 rezones the eastern 1,033 m2 (11,119 ft2) portion of property located at
21429 51B Avenue from Suburban Residential Zone SR-3 to Residential Zone R-1E to
accommodate a two (2) lot single family subdivision.
 THE CORPORATION OF THE TOWNSHIP OF LANGLEY

TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500

AMENDMENT (VIEIRA/SONI) BYLAW 2009 NO. 4725

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 (Vieira/Soni) Bylaw 2009 No. 4725”.

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

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

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

READ A FIRST TIME the day of , 2009

READ A SECOND TIME the day of , 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

Bylaw No. 4725
Page 2