REPORT TO

MAYOR AND COUNCIL

PRESENTED: MAY 25, 2009 - REGULAR MEETING REPORT: 09-73

FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 10-33-0087
SUBJECT: STRATA TITLE CONVERSION
APPLICATION NO. 100679 (MCGOVERN / MYERS)

PROPOSAL:
Application under Section 242 of
the Strata Property Act to convert
two (2) previously occupied single
family dwellings located at 4491 –
236 Street into two (2) strata title
lots.

SUMMARY RECOMMENDATION:
That Council approve, pursuant to
Section 242 of the Strata Property
Act, the strata plan subject to five
(5) conditions.

RATIONALE:
The proposed strata title
conversion application complies
with the requirements of the
Strata Property Act and Township
of Langley Zoning Bylaw.
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 2 . . .

RECOMMENDATION:
That Council approve, pursuant to Section 242 of the Strata Property Act, the strata plan
submitted by Tod and Wendy McGovern and Gary and Carolyne Myers proposing to convert
two (2) previously occupied single family dwellings located at 4491 – 236 Street into two (2)
strata title lots, subject to the following conditions:

a) The two (2) single family dwellings being in substantial compliance with Township Bylaws
and the British Columbia Building Code, to the acceptance of the Manager of Permits and
Licences;
b) Registration of a restrictive covenant allowing only one (1) single family dwelling on each
strata lot;
c) Submission of certification that each strata lot is suitable for and capable of sustaining
independent septic tank and field sewerage systems in accordance with the Ministry of
Health’s Sewerage System Regulations to the acceptance of the General Manager of
Engineering;
d) Registration of a restrictive covenant securing the design, construction and maintenance of
the septic system (including primary and reserve field locations) as may be required; and,
e) Verification that the well on each strata lot be in accordance with the Subdivision and
Development Control Bylaw to the acceptance of the General Manager of Engineering;

EXECUTIVE SUMMARY:
Tod and Wendy McGovern and Gary and Carolyne Myers have applied under Section 242 of
the Strata Property Act to convert two (2) previously occupied single family dwellings located at
4491 – 236 Street into two (2) strata title lots. Council approval is required because the two (2)
single family dwellings on the lot have been previously constructed and occupied. Staff
recommend that Council approve the strata plan as it complies with the requirements of the
Strata Property Act, the Township’s Zoning Bylaw (Rural Zone RU-1 permits two (2) dwellings
on any one lot), and Council’s Hopington Aquifer moratorium policy.

PURPOSE:
This report is to provide Council with a recommendation with respect to Strata Title Conversion
Application No. 100679 for two (2) previously occupied single family dwellings located at 4491 –
236 Street.
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 3 . . .

AGRICULTURAL LAND RESERVE MAP

SUBJECT
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 4 . . .

SUBJECT
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 5 . . .

ZONING BYLAW NO. 2500

STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 6 . . .

PRELIMINARY STRATA PLAN

Limited Common
Property (Lot A)

Limited Common
Property (Lot B)
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 7 . . .

ADDITIONAL INFORMATION:
Owners: Tod and Wendy McGovern
4491 – 236 Street
Langley, BC V2Z 2S4

Gary and Carolyne Myers

4491 – 236 Street
Langley, BC V2Z 2S4

Legal Description: Lot 2 Section 33 Township 10 New Westminster

District Plan BCP13026
PID: 026-059-177

Location: 4491 – 236 Street

Area: 2.4 ha (6.0 acres)

Existing Zoning: Rural Zone RU-1

(minimum lot size 1.7 ha / 4.2 acres)

Rural Plan: Small Farms / Country Estates

Agricultural Land Reserve: Lands not in ALR

Hopington Aquifer: Lands located over Hopington Aquifer

E.S.A. Designation: E.S.A.# 36 – West Salmon River Uplands Aquifer

(Rating - #1)

BACKGROUND/HISTORY:
The subject property is designated “Small Farms / Country Estates” in the Rural Plan and is
currently zoned Rural Zone RU-1 permitting two (2) single family dwellings. The subject
property is not located in the Agricultural Land Reserve. Two (2) single family dwellings have
been constructed on the property in accordance with the existing RU-1 zoning.

On November 4, 1996, Council denied Rezoning Application No. 96-25 (and an accompanying
Rural Plan amendment) proposing to rezone the subject property from Rural Zone RU-1 to
Suburban Residential Zone SR-2 to accommodate subdivision of the existing parcel into two (2)
fee simple lots. The current application is for two (2) strata lots, as opposed to two (2) fee
simple lots.

DISCUSSION/ANALYSIS:
The subject site’s Rural Zone RU-1 zoning allows two (2) single family dwellings to be located
on any one fee simple lot. The existing zoning, however, has a 1.7 ha (4.2 acre) minimum lot
size requirement for subdivision, resulting in the 2.4 ha (6 acre) lot not being able to be
conventionally subdivided into two (2) fee simple lots without rezoning. In 1996, Council denied
a rezoning application (and an accompanying Rural Plan amendment) proposing to rezone the
subject property to Suburban Residential Zone SR-2 which would have allowed the 2.4 ha (6
acre) parcel to be subdivide into two (2) 1.2 ha (3 acre) fee simple lots. A copy of the 1996
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 8 . . .

Community Development Division report and Council resolution is attached to this report
(Attachment A).

Alternatively, Tod and Wendy McGovern and Gary and Carolyne Myers have applied under
Section 242 of the Strata Property Act to convert the two (2) existing single family dwellings
located on the subject site into two (2) strata title lots. Since both dwellings have been
previously occupied, the Strata Property Act requires Council approval of the strata plan prior to
the plan being registered at the Land Title Office.

Adjacent Uses:
Surrounding land uses include:

North: Property zoned Rural Zone RU-1 with a home and a barn;
South and West: A community care facility (Langley Association for Community Living)
zoned Community Care Facility Zone P-2H; and
East: 236 Street, beyond which are several properties located within the
Agricultural Land Reserve and zoned Rural Zone RU-1.

Strata Title Conversion:

Pursuant to Section 242 of the Strata Property Act, Tod and Wendy McGovern and Gary and
Carolyne Myers have submitted a strata plan that proposes to convert two (2) previously
occupied single family dwellings located at 4491 – 236 Street into two (2) strata title lots. As the
two (2) dwellings have been previously occupied, Council must approve the strata plan prior to it
being registered at the Land Title Office.

The Strata Property Act states that Council must not approve the strata plan unless the
buildings substantially comply with the applicable bylaws of the municipality and the British
Columbia Building Code. Both dwellings comply with the Rural Zone RU-1 provisions
concerning use, site coverage, building height and building setbacks. With regards to
compliance with the British Columbia Building Code, both dwellings will be required to undergo
a building inspection by the Township’s Permit, Licence and Inspections Department, which
may result in the owners having to upgrade or repair the dwellings. A condition of approval of
the strata plan is that both single family dwellings be in substantial compliance with Township
Bylaws and the British Columbia Building Code, to the acceptance of the Manager of Permits
and Licences.

Section 242 of the Strata Property Act also outlines five (5) items that Council must consider in
making its decision:

a) the priority of rental accommodation over privately owned housing in the area;
b) any proposals for the relocation of persons occupying a residential building;
c) the life expectancy of the building;
d) projected major increases in maintenance costs due to the condition of the building; and,
e) any other matters that, in its opinion, are relevant.

Staff note that these considerations are primarily related to strata title conversion applications
when rental buildings (typically apartments or townhouses) are converted to strata. As neither
dwelling is rented, staff recommend that these considerations are not relevant.
STRATA TITLE CONVERSION APPLICATION NO. 100679
(MCGOVERN / MYERS)
Page 9 . . .

Servicing:
The Township’s Development Engineering Department has reviewed the proposed strata title
conversion application and has identified the following conditions that must be satisfied prior to
the strata plan being approved:

x Submission of certification that each strata lot is suitable for and capable of sustaining
independent septic tank and field sewerage systems in accordance with the Ministry of
Health’s Sewerage System Regulations to the acceptance of the General Manager of
Engineering;
x Registration of a restrictive covenant securing the design, construction and maintenance of
the septic system (including primary and reserve field locations) as may be required; and,
x Verification that the well on each strata lot be in accordance with the Subdivision and
Development Control Bylaw to the acceptance of the General Manager of Engineering.

Environmental Considerations:
The Township’s Environmentally Sensitive Areas (E.S.A.) Study identifies the subject lands as
part of the West Salmon River Uplands Aquifer. The lands are also situated over the Hopington
Aquifer and, as such, are subject to the Hopington Aquifer moratorium policy. The proposed
strata title conversion, however, does not contravene the Hopington Aquifer moratorium policy
as there is no increase in residential density. The two (2) existing dwellings on the lot will
remain and no additional dwellings will be constructed.

The upper segment of a tributary (connecting to a red coded watercourse north of the site) flows
over the northwest portion of the subject property. This tributary has already been protected
through a non-disturbance restrictive covenant registered on the subject property.

POLICY CONSIDERATIONS:
Staff recommend that Council approve the proposed strata title conversion application as it
complies with the requirements of the Strata Property Act and the Township of Langley Zoning
Bylaw. Compliance with the Rural Plan and Hopington Aquifer moratorium policy is maintained
as no new dwellings are proposed nor is the result an increase in density. Normal
considerations associated with strata title conversion applications are not applicable in this case
(as previously noted above). Council approval of the strata plan is subject to five (5) conditions
that must be satisfied prior to registration of the strata plan.

Respectfully submitted,

Patrick Ward
DEVELOPMENT PLANNER
for
COMMUNITY DEVELOPMENT DIVISION

PJW/pjw

ATTACHMENT A November 4, 1996 Report to Council and Meeting Minutes

ATTACHMENT B Letter from Applicant (Tod McGovern)
 ATTACHMENT A

THE CORPORATION
OF THE TOWNSHIP
OF LANGLEY

ADMINISTRATIVE REPORT TO MAYOR AND COUNCIL

PRESENTED: NOVEMBER 4, 1996 REPORT: 96-175

FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 10-33-73
SUBJECT: REZONING APPLICATION NO. 96-25
(TOD AND WENDY McGOVERN AND CAROLYNE MYERS)

ADMINISTRATOR’S COMMENT/RECOMMENDATIONS:
That the recommendation of the Director of Community Development be endorsed.

That Rezoning Application 96-25 (and accompanying Rural Plan amendment) submitted by
Tod and Wendy McGovern and Carolyn Myers to rezone property located at 4491 -- 236th
Street from Rural Zone RU-1 to Suburban Residential Zone SR-2 be denied by Council.

REFERENCE:
Owners: Tod and Wendy McGovern
4491 -- 236th Street
Langley, B.C.
V2Z 2S4
and
Carolyn Myers
4491 -- 236th Street
Langley, B.C.
V2Z 2S4

Legal Description: Lot 45, Section 33, Township 10, N.W.D.,

Plan 65286

Location: 4491 -- 236th Street

Area: 2.42 ha (6.0 acres)

Existing Zoning: Rural Zone RU-1

Proposed Zoning: Suburban Residential Zone SR-2

REZONING APPLICATION NO. 96-25
Page 2 . . .

ALR Designation: Not in the Agricultural Land Reserve

Rural Plan: Small Farms/Country Estates (minimum

lot size 1.7 ha /4.2 acres)

E.S.A. Designation: E.S.A.# 0368 - West Salmon R. Uplands

Aquifer

PURPOSE:
Tod and Wendy McGovern and Carolyn Myers have applied to rezone property located at 4491
-- 236th Street from Rural Zone RU-1 to Suburban Residential Zone SR-2 in order to subdivide
the existing parcel into two lots of approximately 1.2 ha (3 acres) each. A preliminary
subdivision layout has been provided (attached). An accompanying application to amend the
Rural Plan minimum lot size requirement for the site in order to facilitate the proposed
rezoning/subdivision has also been submitted.

DISCUSSION:
The subject 2.42 ha (6.0 acres) property is located at 4491 -- 236th Street. The site and lands
surrounding it are all designated Small Farms/Country Estates in the Rural Plan and Zoned
Rural Zone RU-1 with a minimum lot size of 1.7 ha (4.2 acres). The property is presently
occupied by a single family dwelling, garage and barn.

Surrounding land uses include:

x a 4.7 ha /11.62 acre Municipal site leased to the Langley Association for Community
Living located immediately to the west;
x Peterson Road School is located on 47th Avenue to the northwest; and
x rural residential lands zoned RU-1 are located to the east, north and south and range
in size from 0.5 ha/ 1.26 acres to 16.3 ha/ 40.37 acres.

In support of the rezoning (and Rural Plan amendment) the applicant states that:

x the current RU-1 zoning allows for two residences to be constructed on the property and
that services (i.e. wells, septic systems and other utilities) are already in place;
x the rezoning, although allowing the creation of 2 separate titles, would not increase the
residential density because a total of 2 residences could only be constructed (1 per SR-2 lot);
x leachate from a woodworking operation on the adjacent Municipal land leased to the
Langley Association for Community Living has made the land unsuitable for agricultual
purposes; and
x the property is already bordered by one acre parcels.

Staff are in the process of investigating the applicants’ allegations with respect to possible
leachate from the adjacent Municipal site.Discussions have been held with the applicant
involving municipal staff,the Township’s environmental consultant and representatives of the
REZONING APPLICATION NO. 96-25
Page 3 . . .

Langley Association for Community Living. At the meeting it was agreed that the Township’s
environmental consultant would test additional water samples taken from the site and provide
the Township and applicant with a report.

POLICY CONSIDERATIONS:
The rezoning proposal does not comply with the minimum lot size policies of the Rural Plan
which prescribe a minimum lot size of 1.7 ha/ 4.2 acres in areas designated Small
Farms/Country Estates. The subject site is also located over the Hopington Aquifer and is
subject to Council’s decision to deny development applications in this area that would increase
residential density.

SUMMARY:
Tod and Wendy McGovern and Carolyn Myers have applied to rezone property located at 4491
-- 236th Street from RU-1 to SR-2 to permit subdivision of the land into two 1.2 ha/ 3.0 acre lots.
It is recommended that the application be denied as the request does not comply with
Municipal minimum lot size policies contained within the Rural Plan. Staff will continue to
investigate the applicants’ allegations with respect to possible contamination from the adjacent
Municipal site and report back to Council on the outcome.

Respectfully submitted,

John Geraghty
SENIOR PLANNER
for
Kurt Alberts
DIRECTOR OF COMMUNITY DEVELOPMENT

JG/WU/wau
Att.
November 4, 1996
Regular Council Meeting - 391 -

MAYOR’S REPORT

Councillor McMullan advised she also attended the above

events and attended the speech by Preston Manning.

Councillor Arnason advised that she attended

Joan Smallwood’s visit to Langley.

Councillor Ferguson advised that he also attended the

“Communicating in the Langleys” display.

GVRD REPRESENTATIVES REPORT

Mayor Scholtens advised that the GVRD portion of the 1997

budget affecting Langley will be decreased by 4.5 %.

ADMINISTRATIVE REPORTS

RZ 96-25 (McGovern & Moved by Councillor Arnason,

Myers) Seconded by Councillor Campen,
Report 96 - 175 That Rezoning Application 96-25 (and accompanying Rural Plan
CD 10-33-73 amendment) submitted by Tod and Wendy McGovern and
Carolyn Myers to rezone property located at 4491 - 236 Street
from Rural Zone RU-1 to Suburban Residential Zone
SR-2 be denied by Council. CARRIED

RZ 96-24 (De Bonis) Moved by Councillor Kositsky,

Report 96 - 176 Seconded by Councillor Ferguson,
CD 8-35-161 That Rezoning Application 96-24 submitted by Arcangelo De
Bonis to rezone property located at 9540 - 204 Street from
Residential Zone R-1E to a new Comprehensive Development
Zone be considered by Council subject to designation of the site
as a mandatory development permit area and resolution of form
and character matters in a Development Permit. CARRIED

Access to Arena from 91A Moved by Councillor Arnason,

Avenue, Walnut Grove Seconded by Councillor McMullan,
Report 96 - 177 That Council receive the report on “Access to Arena from 91A
3850-C62 Avenue”; and further,

That Council authorize the expenditure of $50,000 from surplus

in the 1996 capital road construction program to enable an early
start to construction of a temporary access road from the arena
parking lot to 92A Avenue. CARRIED
ATTACHMENT B