REPORT TO

MAYOR AND COUNCIL

PRESENTED: MAY 4, 2009 - SPECIAL MEETING REPORT: 09-57

FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 0890 - 20
SUBJECT: NEIGHBOURHOOD PARK LAND POLICY
IN-STREAM APPLICATIONS

RECOMMENDATIONS:
That Council receive the report entitled “Neighbourhood Park Land Policy In-Stream
Applications”, for information; and further

That Council endorse the implementation strategy outlined in this report.

EXECUTIVE SUMMARY:
The Langley Development Cost Charges (DCC) Bylaw 2008 No. 4640 adopted on July 21, 2008
did not include the acquisition and development of Neighbourhood Parks. To address the
neighbourhood level park requirements, on February 9, 2009 Council endorsed a
“Neighbourhood Park Land Policy” requiring provision of 5% of land or cash-in-lieu, as a
condition of subdivision or rezoning for residential development applications.

The Neighbourhood Park Land Policy, approved by Council on February 9, 2009, comes into full
force and effect on July 21, 2009, being the effective date for the new DCC bylaw for all new
development applications. As there were a number of development applications at various
stages of the approval process when the Neighbourhood Park Land Policy was approved by
Council, staff is seeking Council’s endorsement of a proposed approach in application of this
Policy relating to “in-stream” development applications.

Development financing is generally arranged very early in the life of a development project. In
recognition of this and in light of current economic conditions, it is recommended that that the
Neighbourhood Park Land Policy not be applied to “in-stream” applications. These “in-stream”
applications are defined as residential developments that have either received a letter of
decision (tentative approval) from the Approving Officer, or consideration of initial readings from
Council prior to February 9, 2009.

As per Council’s resolution of April 6, 2009, staff will be bringing forward a report for
consideration by Council relating to a review of the Development Cost Charges Bylaw, as
contained in the 2009 Corporate budget.

PURPOSE:
To establish an implementation strategy with respect to the application of the Neighbourhood
Park Land Policy for “in-stream” development applications.
Neighbourhood Park Land Policy – In-stream Applications
Page 2 . . .

BACKGROUND/HISTORY:
Prior to adoption of Development Cost Charges (DCC) Bylaw 2008 No. 4640 on July 21, 2008,
neighbourhood parks were provided through funds collected as part of the DCC program.
Bylaw 4640 removed the acquisition of neighbourhood parks from the DCC program, thereby
shifting the responsibility of acquiring neighbourhood level parks from the development
community as a whole to individual developers within a specified area, resulting in a
neighbourhood-wide (as opposed to a municipal-wide) approach.

On February 9, 2009 Council adopted a “Neighbourhood Park Land Policy”, which, pursuant to
Section 941 of the Local Government Act (the “Act”), requires the provision of 5% of land (or
cash-in-lieu of land value) as a condition of subdivision or rezoning for residential development
applications. Revenues generated are then used by the Township to acquire land required for
the purpose of neighbourhood level parks. The Policy is intended to come into full force and
effect on July 21, 2009. This is the date of the conclusion of the mandatory “grandfathering”
provision of the Act, when the new Development Cost Charges Bylaw will be applicable to all
subdivision and development applications; and when neighbourhood level parks will no longer
be a component of Development Cost Charges.

In the meantime, staff are continuing to process subdivision and rezoning applications that pre-
date the adoption of the Policy, considered to be “in-stream”. The February 9, 2009 staff report
and accompanying Neighbourhood Park Land Policy are provided as Attachment A to this
report.

DISCUSSION/ANALYSIS:
The majority of residential development applications are not affected by this transition policy due
to the provisions of the Local Government Act relating to Subdivisions. The intent of the
Neighbourhood Park Land Policy was to ensure a mechanism is in place to fund neighbourhood
level parks that were previously eliminated from the new DCC program, at time of its full
implementation (July 21, 2009). All single family residential subdivision applications completed
after July 21, 2009 are subject to the new DCC Bylaw (i.e. no neighbourhood park land
acquisition component) and the new Neighbourhood Park Land Policy for the neighbourhood
level parks. Conversely, all single family subdivision applications completed before July 21,
2009 will pay the old DCC rates, which include neighbourhood park land acquisition. These
latter applications completed before July 21, 2009, including those after February 9, 2009, are
considered “in-stream”; and as such exempt from the Neighbourhood Park Land Policy.

Multi-family development rezoning applications, did not, prior to adoption of the Neighbourhood
Park Land Policy on February 9, 2009, include specific rezoning prerequisites relating to
neighbourhood park land acquisition. However, since February 9, 2009, the requirement to
comply with the Neighbourhood Park Land Policy has been added to the rezoning development
prerequisites that must be addressed by the proponents prior to consideration of final reading.
Examples include the Marcon (Murrayville) and 208 Street Developments (Yorkson) projects
recently given initial readings by Council. For the purposes of this transition policy, “in-stream”
applications are defined as those having been considered by Council and given initial readings
prior to adoption of the Neighbourhood Park land Policy on February 9, 2009. A list of multi-
family developments affected by this transition policy is provided as Attachment B, Table 1 to
this report.
Neighbourhood Park Land Policy – In-stream Applications
Page 3 . . .

Financing for development is generally arranged very early in the life of a development project.
In recognition of this and in light of current economic conditions facing the development
industry, it is recommended that the Neighbourhood Park Land Policy not be applied to rezoning
applications that received initial bylaw readings by Council prior to February 9, 2009 (adoption
date), considered to be “in-stream” applications. Municipal ability to apply the Neighbourhood
Park Land Policy to lands that are not subject of a rezoning application is reflected in the
recommended transitional approach.

Financial Implications
Under the proposed strategy, multiple family developments having already received initial
reading of the rezoning bylaw prior to February 9, 2009 are exempt from the Neighbourhood
Park Land Policy. Most of these will have proceeded prior to July 21, 2009 and thus will have
paid the “old” DCC’s containing neighbourhood park land fees. A few have not (see Attachment
B, Table 2) and would be considered “in-stream”. As a result, an estimated amount of
approximately $700,000 in neighbourhood park land fees will theoretically not be collected from
these developments.

In addition to those above, there are other developments which received initial rezoning
readings after February 9, 2009, a listing of which is also provided in Attachment B, Table 2. In
these cases, the requirement to comply with the Neighbourhood Park Land Policy was included
in the list of development prerequisites to be addressed by the proponent prior to final reading.

POLICY CONSIDERATIONS:
In order to ensure a reasonable and equitable application of residential neighbourhood park
land policies in the Township of Langley, it is recommended that staff be authorized to comply
with the transition policy described in this report and summarized below:

1. Neighbourhood Park Land Policy No. 07-616 adopted by Council on February 9, 2009 shall
apply to:

x all single family subdivisions where the initial Letter of Decision (tentative approval)
was issued by the Approving Officer after February 9, 2009; and

x all multiple family developments where Council gave initial readings to a rezoning
bylaw after February 9, 2009.

2. Neighbourhood Park Land Policy No. 07-616 adopted by Council on February 9, 2009 shall
not apply to:

x multiple family developments that have previously received final reading of a

rezoning bylaw;

x multiple family developments having received initial readings to a rezoning bylaw

prior to February 9, 2009 (defined as “in-stream” applications); and

x single family subdivisions where the initial Letter of Decision (tentative approval) from
the Approving Officer was issued prior to February 9, 2009, being finalized within one
year of the date of the Letter of Decision; and single family subdivisions receiving
final subdivision approval prior to July 21, 2009 (defined as “in-stream” applications).
Neighbourhood Park Land Policy – In-stream Applications
Page 4 . . .

Optional Recommendations/Alternatives
Alternatively, Council may elect to direct staff to apply the provisions of the Neighbourhood Park
Land Policy to all development applications, where feasible, including those identified as “in-
stream” having been previously granted readings by Council.

Respectfully submitted,

Ramin Seifi, P. Eng.

DIRECTOR
for
COMMUNITY DEVELOPMENT DIVISION

This report has been prepared in consultation with the following listed departments.

CONCURRENCES
Division Name

ATTACHMENT A February 9, 2009 report to Mayor and Council concerning

Neighbourhood Park Land Policy

ATTACHMENT B Table 1 - List of multiple family rezoning applications which received

bylaw Readings before February 9, 2009

Table 2 - List of multiple family rezoning applications which received

Bylaw Readings after February 9, 2009
 Attachment A
REPORT TO

MAYOR AND COUNCIL

PRESENTED: FEBRUARY 9, 2009 - SPECIAL MEETING REPORT: 09-12

FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 0890 - 20
SUBJECT: NEIGHBOURHOOD PARK LAND POLICY

RECOMMENDATIONS:
That Council receive the report entitled “Neighbourhood Park Land Policy”, for information; and
further

That Council endorse the Neighbourhood Park Land Policy, to ensure a consistent approach in
acquisition and funding of neighbourhood level park land.

EXECUTIVE SUMMARY:
The most recent Langley Development Cost Charges (DCC) Bylaw 2008 No. 4640 does not
include neighbourhood parks. In removing the neighbourhood level parks from the DCC
Bylaws, staff was required to seek alternate methods of acquiring and funding neighbourhood
park land, including the possible delegation of this responsibility to individual developers within a
given neighbourhood. Section 941 of the Local Government Act provides that an owner of land
being subdivided must provide up to 5% of the land being subdivided to meet park land needs
identified by the municipality and that this requirement can be met by either the provision of land
in an acceptable location or the payment of an amount equal to the market value of that land.
The Township of Langley has not historically needed to utilize this provision of the Local
Government Act. The proposed Neighbourhood Park Land Policy will provide a consistent
process to secure and fund neighbourhood parks required to open up new neighbourhood areas
through the development process. It is proposed that this new policy come into effect on July
21, 2009 which is the date that the new Development Cost Charges will begin to apply to all
new developments and Neighbourhood Parks will no longer be a component of Development
Cost Charges.

PURPOSE:
To establish a policy that provides the required framework in compliance with the provisions of
the Local Government Act for a consistent approach in securing and funding neighbourhood
parks.
NEIGHBOURHOOD PARK LAND POLICY
Page 2 . . .

BACKGROUND/HISTORY:
The most recent Langley Development Cost Charges Bylaw 2008 No. 4640 adopted by Council
on July 21, 2008 removed Neighbourhood Parks from the DCC program. The combined park
land standard of municipal, community and neighbourhood park contained in the previous bylaw
was 8.0 acres per 1,000 people. The new bylaw removed the neighbourhood park standard of
2.0 acres per 1,000 people. The report to Council of February 18, entitled 2008 Development
Cost Charges, stated that adopting the new DCC bylaw without the neighbourhood park
standard delegates the responsibility of acquiring neighbourhood parks to individual developers
within a given neighbourhood, as opposed to the development community as a whole. This
change effectively lowered the overall DCC rates for development with the intent that related
costs would be covered through another mechanism.

Current Council development policy requires that prior to approval of the initial development in a
neighbourhood, an adequately sized and located neighbourhood park and elementary school
site must first be secured and transferred to the acceptance of the Municipality and School
District.

DISCUSSION/ANALYSIS:
Historically, the Township of Langley has not utilized the 5% dedication / cash-in-lieu provisions
of the Local Government Act but rather has incorporated all Municipal, Community and
Neighbourhood parkland requirements in the parkland DCC program. The Parkland Acquisition
Best Practices Guide prepared by the BC Government cautions that park acquisition strategies
should avoid double-charging. By removing the neighbourhood park standards from the DCC
program and utilizing the 5% park land dedication or cash-in-lieu provisions for neighbourhood
parks, double-charging is eliminated. Amongst the municipalities that utilize the 5% dedication /
cash-in-lieu provisions to obtain required park land components are: Surrey, Coquitlam and
Maple Ridge.

Section 941 of the Local Government Act provides that an owner of land being subdivided must
provide up to 5% of the land being subdivided to meet park land needs identified by the
municipality and that this requirement can be met by either the provision of land in an
acceptable location or the payment of an amount equal to the market value of that land.

Generally, the cash-in-lieu option will be utilized as neighbourhood park sites are required to be
in specific locations at a minimum size of 5 acres with configurations that work for the expected
playing fields and adjacent elementary school.

The Local Government Act is specific in that the 5% dedication / cash-in-lieu provision applies
only to subdivisions which create more than 3 additional lots with a lot size under 2 hectares.
To assure that multi-family developments cover their respective share of the cost of
neighbourhood parks, a fee equivalent to 5% park land dedication or cash-in-lieu provisions will
need to be required as a condition of rezoning for multi-family developments.
NEIGHBOURHOOD PARK LAND POLICY
Page 3 . . .

The determination of the value of the 5% cash-in-lieu will be established in accordance with
Section 941 of the Local Government Act using average market value of all developable land in
the proposed subdivision. Where the Township of Langley and a property owner do not agree
on the market value of the land, the value shall be determined by a qualified appraiser
appointed jointly by the owner and the Township who will share the cost of the appraisal.

Applicable Policies:
Existing Council Policy 07-154 Subdivision: Park Dedications, authorizes the Approving Officer
to make decisions as to the requirement of the 5% park land dedication or cash-in-lieu for
subdivision proposals.

Legislation:
The Local Government Act allows for up to 5% of land being subdivided to be provided to meet
park land requirements. Alternatively, this requirement can be met by the property owner
providing monies equal to 5% of the value of the land at time of preliminary approval of
subdivision, or if no preliminary approval is given, a date within 90 days before the final approval
of the subdivision.

Legal Implications:
To maintain equality for all residential developments who previously contributed equally to the
acquisition of neighbourhood parks, an equivalent fee will be applied as a condition of rezoning
for multi-family developments as if the 5% park land dedication or cash-in-lieu provisions of the
Local Government Act also applied to these types of residential developments.

Community Implications
The provision of neighbourhood parks in conjunction with elementary schools is a necessary
component of allowing neighbourhoods to develop in the manner intended to facilitate complete
walkable communities. Implementation of a Neighbourhood Park Land Policy will allow new
developments to proceed in new neighbourhoods where the provision of a park and school site
is required prior to approval of development applications. The Neighbourhood Park Land Policy
provides for a consistent funding and securing approach to providing the required
neighbourhood park land.

It is proposed that the new policy come into effect on July 21, 2009 which is the date that the
new Development Cost Charges take effect and Neighbourhood Parks will no longer be a
component of Development Cost Charges.
NEIGHBOURHOOD PARK LAND POLICY
Page 4 . . .

Financial Implications
As per Section 941 of the Local Government Act, all monies collected for the provision of
parkland under this section must be deposited in a reserve fund established for the acquisition
of park lands. A new Neighbourhood Park Land Reserve fund would need to be established for
this purpose.

Respectfully submitted,

Al Neufeld
MANAGER, PARKS DESIGN AND DEVELOPMENT
for
COMMUNITY DEVELOPMENT DIVISION

AN/an

This report has been prepared in consultation with the following listed departments.

CONCURRENCES
Division Name
Recreation,Culture,and Parks David Leavers
Finance Derrick Sparks
Property Management Scott Thompson

ATTACHMENT A Neighbourhood Park Land Policy No. 07-616

 Attachment A
(to Feb. 9/09 report)
POLICY MANUAL

Subject: Neighbourhood Park Land Policy No: 07-616

Approved by Council:
Revised by Council:
Replaces Old Policy No.:
Approved on:

1. Purpose
1.1. To provide a consistent approach to secure and fund Neighbourhood Park Land
as regulated by the Local Government Act (the “Act”).

2. Background
2.1. In accordance with the Langley Development Cost Charges Bylaw approved by
Council in July of 2008, Park land acquisition charges do not include
Neighbourhood Level Parks. The Act allows for up to 5% of land being
subdivided to be provided to meet park land requirements. Alternatively, this
requirement can be met by the property owner providing monies equal to 5% of
the value of the land at time of preliminary approval of subdivision, or if no
preliminary approval is given, a date within 90 days before the final approval of
the subdivision. These funds will then be used to acquire Neighbourhood park
land where required.

3. Related Policy
3.1. Council Policy 07-154 Subdivision: Park Dedications, authorizes the Approving
Officer to make decisions as to the requirement of the 5% park land dedication or
cash in lieu from subdivision proposals.

4. Policy

Determination and Collection of 5%

4.1. The Developable Land is defined as the land being proposed for subdivision
minus areas being dedicated for greenways and streamside protection.
4.2. The value of the 5% will be established according to Section 941 of the Act using
average market value of the developable land in the proposed subdivision
calculated as that value would be on either

(i) the date of preliminary approval of the subdivision, or

(ii) if no preliminary approval is given, a date within 90 days before the final
approval of the subdivision,

as though

(iii) the land is zoned to permit the proposed use, and

Neighbourhood Park Land
Page 2 . . .

(iv) any works and services necessary to the subdivision have not been
installed.
4.3. Where a property owner and the Township of Langley (the “Township”) do not
agree on the market value of the land under Section 941(6) of the Act, the value
shall be determined by a qualified appraiser appointed jointly by the owner and
the Township. If the owner and the Township fail to agree on the appointment
of a qualified appraiser, the Inspector of Municipalities shall, upon the
application of either party, appoint an appraiser to determine the market value.
Unless otherwise agreed, the cost of the appraiser shall be borne equally by the
owner and the Township.
4.4. The 5% value shall be paid to the municipality before final approval is given for
the subdivision.
4.5. All monies collected for park land acquisition shall be deposited in a reserve
fund established for the purpose of acquiring neighbourhood park land and be
used to purchase land for Neighbourhood Parks to allow new neighbourhoods
to proceed with development.
4.6. All residential developments shall contribute to the acquisition of
Neighbourhood Park land. The provision of neighbourhood park land may also
be considered an amenity for the purposes of this policy.
4.7. Section 904(1) of the Local Government Act provides for the establishment of
different density regulations for a zone, one generally applicable for the zone and
the other applicable if conditions including those relating to the provision of
amenities are met. Where Council proposes to rezone a property pursuant to
Section 904(1) it may chose to include the cost to provide the amenity as an
amenity for the purposes of that bylaw.
4.8. Where the amenity cost is determined to be an amenity for the purposes of the
bylaw adopted pursuant to section 904 and the developer wishes to take
advantage of the higher density set out in the bylaw referred to in Section 4.7 by
providing amenities, including the cost of the amenity, the amenity cost will be
referenced in the zoning bylaws and may be provided as follows: equal to 5% of
the value of the developable land established 90 days prior to final reading of the
rezoning.

Purchase of Neighbourhood Park Land

4.9. To facilitate the development of new neighbourhoods any zoning amendment

for the purpose of residential development in a new development area must be
consistent with the Official Community Plan with respect to park and school site
provisions.
4.10. The purchase price to be paid for Neighbourhood Park and School sites shall be
market value determined by an appraisal undertaken by or on behalf of the
Property Management Department of the Township of Langley to a maximum
value equal to the land value contained in the most recent Langley Development
Cost Charges Bylaw.
4.11. Nothing in this policy will fetter the discretion of the Council of the Township to
exercise it’s legislative powers and functions.
 Neighbourhood Park Land Policy – In-stream Applications
Page 6 . . .

ATTACHMENT B

TABLE 1
MULTI FAMILY REZONING APPLICATIONS WHICH
RECEIVED BYLAW READINGS BEFORE FEBRUARY 9, 2009

Date of 5% Land Value

Project Bylaw No. / Current Initial Area (area x
Number Name Location Reading Reading (acres) $800,000 x 5%) Status

11-06-0176 4647 / Murrayville 3rd Feb. 18/08 5.53 $221,200 In-stream

Century Group

8-13-0056 4393 / Milner 3rd Oct. 24/05 3.4 $136,000 In-stream

Milner Heritage

13-20-0139 4544 / Aldergrove 3rd Nov. 27/06 0.37 $14,800 In-stream

Inspired Ventures

8-25-0075 4639 / Yorkson 3rd Dec. 17/07 4.58 $183,200 In-stream

Phoenix

8-15-0144 4623 / Routley 3rd Sept. 17/07 0.89 $35,600 In-stream

Sehmbey/Singh

8-25-0076 4667 / Yorkson 3rd May 5/08 2 $80,000 In-stream

Athenry

8-14-0163 4669 / SW Gordon 3rd July 28/08 1.1 $44,000 In-stream

Sherwood Park

TABLE 2
MULTI FAMILY REZONING APPLICATIONS WHICH
RECEIVED BYLAW READINGS AFTER FEBRUARY 9, 2009

5% Land
Date of Value
Project Bylaw No. / Current Initial Area (area x
Number Name Location Reading Reading (acres) $800,000 x5%) Status

8-26-0102 4728 / Yorkson 2nd Apr. 6/09 20.77 $831,800 Subject to

208 Dev'ts. Neighbourhood
Park Land Policy

8-12-0026 4720 / Murrayville 3rd Feb. 16/09 3.23 $129,200 Subject to

Marcon Neighbourhood
Park Land Policy

Yorkson 2nd Mar. 23/09 1.26 $50,400 Subject to

8-24-0043
4735 / Neighbourhood Park
Bahga/GSK Land Policy