THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO.2500 AMENDMENT (COLEMAN) BYLAW 2007 NO. 4645 EXPLANATORY NOTE Bylaw No. 4645 rezones property located at 26976 – 28A Avenue to Community Care Facility Zone P-2N to permit development of a Group Childrens’ Day Care Centre for a maximum of twenty five (25) children. THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (COLEMAN) BYLAW 2007 NO. 4645 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 (Coleman) Bylaw 2008 No.4645”. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended: a) by adding to Section 104.1 – Zones, the words “Community Care Facility Zone P2N”, after the words “Community Care Facility Zone P-2M”; b) by adding to Section 110.1 after the words “P-2M” the words “P-2N” and Minimum Lot Size of 789 m2; c) by adding to the end of Section 802 the words P-2N; and d) by adding as Section 802.2 (14) the following: e) (14) In the P-2N zone, community care facilities shall be limited to a Group Childrens’ Day Care Centre for a maximum of 25 children. The “Township of Langley Zoning Bylaw 1987 No. 2500” as amended is further amended by rezoning the lands described as: Lot 134, Section 19, Township 13 New Westminster District Plan 39079 PID: 001-744-127 as shown delineated on Schedule “A” attached to and forming part of this Bylaw to Community Care Facility Zone P-2N. 2. 3. READ A FIRST TIME the READ A SECOND TIME the PUBLIC HEARING HELD the READ A THIRD TIME the RECONSIDERED AND ADOPTED the Mayor 21 21 12 26 day of day of day of day of day of April April May May , 2008 , 2008 , 2008 , 2008 , 2008 Township Clerk f:\data\cdgen\cdbylaw\4645.doc Bylaw No. 4645 Page 2 REPORT TO MAYOR AND COUNCIL PRESENTED: FROM: SUBJECT: APRIL 21, 2008 - REGULAR MEETING REPORT: COMMUNITY DEVELOPMENT DIVISION FILE: REZONING APPLICATION NO. 100306 (BRIAN COLEMAN/GROUP CHILDRENS’ DAY CARE CENTRE) 08-72 13-19-292 PROPOSAL: Rezone a 792 m2 (8,525 sq. ft.) parcel located at 26976 28’A’ Avenue in Aldergrove to facilitate development of a Group Childrens’ Day Care Centre for a maximum of twenty five (25) children. RECOMMENDATION(S) SUMMARY: Council give first and second reading to Bylaw No. 4645 subject to three (3) conditions; and that staff be authorized to schedule the required Public Hearing. RATIONALE: The application may be considered by Council on the basis of Child Care Services being a necessary component of residential neighbourhoods. f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 2 . . . RECOMMENDATIONS: That Council give first and second reading to Bylaw No. 4645 rezoning 26976 – 28’A’ Avenue to Community Care Facility Zone P-2N to permit a Group Childrens’ Day Care Centre, subject to the following development prerequisites being satisfied prior to final reading: 1. Confirmation of the adequacy of municipal services to serve the proposed Group Childrens’ Day Care Centre to the acceptance of the General Manager of Engineering; 2. Provision of adequate parking (including a designated drop-off and pick-up area) to the acceptance of the General Manager of Engineering; 3. Building plans for the Group Childrens’ Day Care Centre being in compliance with Zoning Bylaw No. 2500, Building Code, Fire Code and the Community Care and Assisted Living Act (administered by the Ministry of Health) requirements, to the acceptance of the Manager of Permits and Licences; and further That Council authorize staff to schedule the required public hearing. EXECUTIVE SUMMARY: Brian Coleman has applied to rezone 26976 – 28’A’ Avenue in Aldergrove from Residential Zone R-1B to a Community Care Facility Zone P-2N to permit a Group Childrens’ Day Care Centre for a maximum of twenty five (25) children. A family daycare (Smiley Stars) licensed for a maximum of seven (7) children is currently operating on the subject property. The site’s “Low Density Residential” designation in the Aldergrove Community Plan does not preclude the location of a Group Childrens’ Day Care Centre on the site, subject to rezoning and subsequent licensing pursuant to the Community Care and Assisted Living Act (administered by the Ministry of Health). PURPOSE: This report is to advise and make recommendations concerning the Brian Coleman /Group Children’s Day Care Centre rezoning application. f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 3 . . . SUBJECT f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 4 . . . ZONING BYLAW NO. 2500 f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 5 . . . View of existing House from 28’A’ Avenue f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 6 . . . ADDITIONAL INFORMATION: REFERENCE: Owner/Applicant: Brian Coleman 26976 – 28’A’ Avenue Aldergrove, BC V4W 3A1 Lot 134, Section 19, Township 13, Plan 39079, New Westminster District 26976 – 28’A’ Avenue 792 m2 (8,525 sq. ft.) Residential Zone R-1B Community Care Facility Zone P-2N Low Density Residential E.S.A.# 098 – Aldergrove (Rating - #3) Legal Description: Location: Area: Existing Zoning: Proposed Zoning: Aldergrove Community Plan: E.S.A. Designation: BACKGROUND/HISTORY: The subject property is located mid block on the south side of 28’A’ Avenue approximately one block distant from Betty Gilbert Elementary School. The applicant, Brian Coleman, together with his partner Melanie McEvoy, currently reside in and operate a Family Day Care (maximum of seven (7) children) on the subject property (Smiley Stars Daycare) in accordance with the Township of Langley Zoning Bylaw No.2500 and Ministry of Health requirements. Approval of the rezoning (along with obtaining a Group Childrens’ Day Care Centre Licence from the Ministry of Health (administered through the Community Care and Assisted Living Act) will enable the existing Family Day Care (maximum of seven (7) children) to be expanded into a Group Childrens’ Day Care Centre (maximum of twenty five (25) children). If approved, Melanie McEvoy’s two sisters (Early Childhood Education (ECE) trained and working on certification) will be employed on a part time basis. Mr Brian Coleman and Ms. Melanie McEvoy’s intent is to continue to reside in the residence. It is noted that the P-2N Zone being applied for is a “site specific” zone that will apply to only this one location. The P-2N zone specifically limits community care facilities to a Group Childrens’ Day Care Centre having a maximum of 25 children under care. The property is regulated by the Aldergrove Community Plan which designates it for “Low Density Residential” purposes. The Plan provides some guidance for the location of facilities serving residential neighbourhoods by including the following statements: 1. “The residential land use designation on the plan map indicates areas in which residential dwellings will be the predominant use. Subject to the policies of the plan the following uses may be permitted: f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 7 . . . a. Education, community public service uses, which by nature scale and design are compatible with residential uses, and open space and recreation uses.” 2. “Land Use Relationship – Functional Design a. Elementary schools and neighbourhood facilities shall be located central to their service areas.” The Zoning Bylaw regulates childrens’ day care centres as follows: 1. Family Day Cares permitting the care of up to 7 children are permitted outright in all single family residential zones (in accordance with the Community Care and Assisted Living Act (administered by Ministry of Health). 2. Group Childrens’ Day Care Centres permitting the care of more than 7 children are only permitted in P-1, C-1, C-2, SR-1, SR-2, RU-1, RU-2, RU-3 and site specific Community Care Facility Zones (and subject to Agricultural Land Reserve approval where applicable). Traditionally, Group Childrens’ Day Care Centres have tended to locate on the edge of single family neighbourhoods, adjacent to or on the same site as schools and churches, as well as in freestanding purpose built buildings. These locations are generally better suited to addressing zoning, building code, parking, access, drop-off/pick-up matters, and have a better ability to provide outside play areas. On the other hand, smaller Family Day Care facilities (such as the existing Smiley Star Daycare); tend to operate out of single family homes within single family neighbourhoods. DISCUSSION/ANALYSIS: The subject property consists of a two storey single family dwelling (approximately 185.8 m2/ 2,000 ft2 in size) located approximately mid block on the south side of 28’A’ Avenue in a fully developed residential neighbourhood. Surrounding land uses include: • • An established single family neighbourhood (to the north, south, east and west). The site is mid-block between 269th Street and 270’B’ Street. Betty Gilbert Elementary School is located approximately a block to the west (west of 269 Street). Attached is a letter of explanation from Mr. Coleman (Attachment A) requesting rezoning of 26976 – 28’A’ Avenue to expand the existing facility to allow a Group Childrens’ Day Care Centre having a maximum 25 children in care. Improvements to the property are proposed to include a 400 sq. ft. addition to the rear of the house providing a larger great room concept for indoor play. Additional rear yard playground equipment will include items found at small school playgrounds that help children develop motor skills (such as a slide, climbing apparatus, sandbox and swings). A photograph of the existing house is attached as Attachment D. The request is intended to assist in providing much needed quality childcare in Aldergrove, and is supported by the day care centre’s location close to existing schools, and the availability of grant monies from the Ministry of Children and Family Development for improvements. f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 8 . . . Seventeen (17) letters of support for the proposed rezoning have been received and are attached (Attachments E) for Council’s information to this report. Most of these letters are from immediate neighbours of Mr. Coleman, as well as from the Ministry of Children and Family Development, two (2) Aldergrove Elementary School principals and an Associate Professor at Simon Fraser University. Also included is a letter (Attachment B) from Nanci Davies, Program Coordinator, Child Care Programs and Services Branch, in Victoria with regards to the applicant’s request for funding from the Provincial Child Care Capital Funding Program. Tree Protection/ Replacement: As the subject rezoning application does not involve the development of any new lands, there are no rezoning requirements related to the Tree Protection Bylaw. Servicing: Existing full municipal services to the site will need to be confirmed to be adequate to service the proposed Group Childrens’ Day Care Centre. The Zoning Bylaw requires one (1) parking space per employee, plus a designated drop-off and pick-up area be provided. Existing facilities consist of a double driveway with parking for approximately eight (8) vehicles. The applicant proposes to satisfy the drop-off/pick-up requirement by constructing parking in the front yard connecting the current driveway; or by creating angle parking in the boulevard in front of the house. The proposed angle parking would include a decorative rock wall approximately 18 inches in height paralleling the road. All improvements will need to be designed and constructed to the acceptance of the General Manager of Engineering, and have been included as a development prerequisite to be addressed prior to final reading. Aldergrove Community Enhancement Committee: The ACE Committee has responded to the application (Attachment C) and has expressed some concern about the impact that an increase in vehicle traffic may have on the neighbourhood. ACE was also concerned that the facility not be utilized in the future for a care facility not suited to a family-oriented neighbourhood. Ideally, ACE would prefer to see the development located in an existing commercial or institutional zoned area. ACE however is aware of the need for accessible and affordable daycare in the community, and the challenges daycare operators face in creating such facilities. As such ACE does not oppose the development proposal, but asks that Council carefully consider any comments or concerns from the neighbours affected by the proposal. Development Prerequisites: Prior to final reading of the rezoning bylaw, the following item must be finalized: 1. Confirmation of the adequacy of municipal services to serve the proposed Group Childrens’ Day Care Centre to the acceptance of the General Manager of Engineering; 2. Provision of adequate parking (including a designated drop-off and pick-up area) to the acceptance of the General Manager of Engineering; f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc REZONING APPLICATION NO. 100306 (BRIAN COLEMAN) Page 9 . . . 3. Building plans for the Group Childrens’ Day Care Centre being in compliance with Zoning Bylaw No. 2500, Building Code, Fire Code and Community Care and Assisted Living Act (administered by the Ministry of Health) requirements, to the acceptance of the Manager of Permits and Licences. POLICY CONSIDERATIONS: Rezoning of the subject property from Residential Zone R-1B to Comprehensive Development Zone P-2N to allow the proposed Group Childrens’ Day Care Centre is not precluded by the Aldergrove Community Plan. Although the proposed location is unusual, given the need for day care facilities in Aldergrove the application should be considered on its own merits. In order to provide for the formal input of neighbourhood residents, it is recommended that Rezoning Bylaw No. 4645 be given 1st and 2nd readings and that staff be authorized to schedule the required public hearing. Respectfully submitted, William Ulrich PLANNER II for COMMUNITY DEVELOPMENT DIVISION JG/WU ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F Proposal by Applicant Notification of Child Care Capital Funding Program Comments of Aldergrove Community Enhancement Committee Photograph of Existing House Letters of Support Additional information provided by Applicant f:\data\council\2008 agenda\04-21\regular agenda\e.1_cd rezoning application 100306 brian coleman group childrens day care centre.doc ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D View of existing House from 28’A’ Avenue ATTACHMENT E ATTACHMENT F
Report "REG 4 -Brian Coleman_Group Childrens Day Care Centre"