HomeMy WebLinkAbout2009-04-20 Committee of the Whole Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COMMITTEE OF THE WHOLE
AGENDA
April 20, 2009
1:00 p.m.
Council Chamber
Committee of the Whole is the initial venue for review of issues. No voting
takes place on bylaws or resolutions. A decision is made to send an item to
Council for debate and vote or to send an item back to staff for more
information or clarification before proceeding to Council.
Note: If required, there will be a 15 -minute break at 3:00 p.m.
Chair: Acting Mayor
1. DELEGAT/ONS/STAFFPRESENTAT/ONS- (10 minutes each)
1:00 p.m.
1.1 GamesTown 2010 - J. Lemire, J. Georgelin - Parks and Leisure Services
2. PUBLIC WORKS AND DEVELOPMENT SERV/CES
Note: Owners and/or Agents of Development Applications may be permitted
to speak to their applications with a time limit of 10 minutes.
Note: The following items have been numbered to correspond with the Council
Agenda:
1101 RZ/054/02, 22600 136 Avenue, A-2 to R-1 and RST
Staff report dated April 14, 2009 recommending that Maple Ridge Official
Community Plan Amending Bylaw No. 6642-2009 and Maple Ridge Zone
Amending Bylaw No. 6643-2009 to permit the development of 38 single
family units and 2 four-plex street townhouse building be given first reading
and be forwarded to Public Hearing.
Committee of the Whole Agenda
April 20, 2009
Page 2 of 4
1102 RZ/059/08, 11873 and 11865 Burnett Street, RS -1 to RM -2
Staff report dated April 1, 2009 recommending that Maple Ridge Zone
Amending Bylaw No. 6653-2009 to permit construction of a 39 -unit
apartment building be given first reading and be forwarded to Public Hearing.
1103 RZ/110/08, 22960, 22970, 22976, 22980, 22986, 22998, 23012, 23030,
23040, 23052, 23070, 23086, 23100, 23110, 23120, 23126, 23132,
23136, 23140, 23146, 23150, 23156, 23160 and 23170 Gilbert Drive;
13719, 13751, 13819 and 13829 232 Street; and Parcel B of SE 1/4 Section
32, Township: 32, NWD Reference Plan RP6048, CD -3-98 and A-2 to R-1, R-3,
new RST -SV, RM -1 and P-1
Staff report dated April 14, 2009 recommending that Maple Ridge Official
Community Plan Amending Bylaw No. 6649-2009 and Maple Ridge Zone
Amending Bylaw No. 6650-2009 to permit the development of 145
townhouse units, 39 single family lots and 19 street townhouse units be given
first reading and be forwarded to Public Hearing.
1104 RZ/003/09, 10795, 10785, 10775, 10765, 10755, 10745, 10735, 10715,
10719, 10723, 10727, 10731, 10742, 10752 and 10762 Beecham Place;
24846, 24856, 24866, 24876, 24886, 24896, 24906 108 Avenue
10793, 10783, 10773, 10763, 10753, 10733, 10737, 10741, 10745,
10749, 10776, and 10786 Erskine Street, RS -1b to R-1
Staff report dated April 6, 2009 recommending that Maple Ridge Official
Community Plan Amending Bylaw No. 6660-2009 and Maple Ridge Zone
Amending Bylaw No. 6661-2009 to support the subdivision of 34 lots into 45
lots be given first reading and be forwarded to Public Hearing.
1105 RZ/005/09, Text Amendments to Maple Ridge Zoning Bylaw No. 3510-1985
Staff report dated April 14, 2009 recommending that Maple Ridge Zone
Amending Bylaw No. 6647-2009 to permit clarification and updating of
various sections of Maple Ridge Zoning Bylaw No. 3510-1985 be given first
reading and be forwarded to Public Hearing.
1106 Excess Capacity/Extended Services Agreement LC 134/09, 232 Street and
Anderson Creek Drive
Staff report dated April 9, 2009 recommending that Latecomer Charges be
imposed and that the Corporate Officer be authorized to sign and seal
Latecomer Agreement LC 134/09.
Committee of the Whole Agenda
April 20, 2009
Page 3 of 4
3. FINANCIAL AND CORPORATE SERV/CES (including Fire and Police)
1131 Disbursements for the month ended March 31, 2009
Staff report dated April 6, 2009 recommending that disbursements for March
2009 be approved.
1132 Master Agreement for the Construction of a New Animal Shelter
Staff report dated April 9, 2009 recommending that the Corporate Officer be
authorized to sign the "Master Agreement" with the BC SPCA for the
construction of a new animal shelter.
1133 2009 Tax Rates
Staff report dated April 16, 2009 recommending that Maple Ridge Tax Rates
Bylaw No. 6663-2009 be given first, second and third readings.
4. COMMUNITY DEVELOPMENT AND RECREATION SERV/CES
1151
5. CORRESPONDENCE
1171
6. OTHER ISSUES
1181
7. ADJOURNMENT
Committee of the Whole Agenda
April 20, 2009
Page 4 of 4
8. COMMUNITY FORUM
COMMUNITY FORUM
The Community Forum provides the public with an opportunity to speak with
Council on items that are of concern to them, with the exception of Public Hearing
by-laws that have not yet reached conclusion.
Each person will be permitted 2 minutes to speak or ask questions (a second
opportunity is permitted if no one else is sitting in the chairs in front of the
podium). The total time for this Forum is limited to 15 minutes.
If a question cannot be answered, the speaker will be advised when and how a
response will be given.
Council will not tolerate any derogatory remarks directed at Council or staff
members.
If a member of the public has a concern related to a Municipal staff member, it
should be brought to the attention of the Mayor and/or Chief Administrative
Officer in a private meeting.
Other opportunities to address Council may be available through the office of the
Manager of Legislative Services who can be contacted at 463-5221 or by e-mail
at cmarlo@mapleridge.ca.
Checked by:
Date:
4
MAPLE RIDGE
British Columhia
Deep Roots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin DATE: April 14, 2009
and Members of Council FILE NO: RZ/054/02
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Official Community Plan Amending Bylaw No. 6642 - 2009 and
Maple Ridge Zone Amending Bylaw No. 6643 - 2009
22600 136 Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from A-2 (Upland Agricultural) to R-1
(Residential District) and RST (Street Townhouse Residential), to permit the development of 38
single family units and 2 four-plex street townhouse buildings. The proposed RST (Street
Townhouse Residential) zone received 3rd Reading from Council in 2008 on two different Rezoning
applications (RZ/070/06 and RZ/093/06) on development sites to the southeast of this site.
However, those two projects have been delayed and should they be further delayed or not proceed
this application could be stalled without the adoption of the RST (Street Townhouse Residential)
zone. To avoid this delay, it would be appropriate to proceed with a duplicate RST (Street
Townhouse Residential) zone bylaw with this project so that whichever application proceeds to final
reading first will adopt the bylaw. The bylaws that do not complete can simply be closed.
The proposed development is consistent with the Silver Valley Area Plan policies for Eco -cluster
residential development in the Official Community Plan. This application requires an amendment
to the Official Community Plan to designate portions of the site for Conservation, and to amend
the trail location. A Natural Features Development Permit is required for the protection of steep
slopes and some significant trees on the site. Significant views to the north and west will be
provided through approximately seven view corridors between some of the buildings that will be
protected by a restrictive covenant to prevent obstructions within the corridors.
RECOMMENDATIONS:
1. That Maple Ridge Official Community Plan Amending Bylaw No. 6642 - 2009 be given first
reading and be forwarded to Public Hearing;
2. That in accordance with Section 879 of the Local Government Act opportunity for early and on-
going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 6642 - 2009 on the municipal website and requiring that the applicant host a
Development Information Meeting, and Council considers it unnecessary to provide any further
consultation opportunities, except by way of holding a public hearing on the bylaw;
1101
3. That Maple Ridge Official Community Plan Amending Bylaw No. 6642 - 2009 be considered in
conjunction with the Capital Expenditure Plan and Waste Management Plan;
4. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6642 -
2009 is consistent with the Capital Expenditure Plan and Waste Management Plan;
5. That Zone Amending Bylaw No. 6643 - 2009 be given first reading and be forwarded to Public
Hearing;
6. That the following terms and conditions be met prior to final reading.
Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt
of the deposit of security as outlined in the Agreement;
ii. Amendment to Part IV, Figure 2 (Land Use Plan) and Figure 4 (Trails / Open Space) of
the Silver Valley Area Plan of the Official Community Plan.
Registration of a geotechnical report as a Restrictive Covenant which addresses the
suitability of the site for the proposed development;
iv. Park dedication as required.
v. Pursuant to the Contaminated Site Regulations of the Environmental Management
Act, the subdivider will provide a Site Profile for the subject land.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Damax Consultants Ltd.
Formosa Plateau Developments Ltd
Legal Description: Lot 1 except part on Plan BCP30872, Section 32,
Township 12, NWD Plan 85759
OCP:
Existing: Eco Clusters
Proposed: Eco Clusters, Conservation
Zoning:
Existing: A-2 (Upland Agricultural)
Proposed: R-1 (Residential District), RST (Street Townhouse
Residential)
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Surrounding Uses
North:
South:
East:
West:
Use:
Zone:
Designation
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
b) Project Description:
Single Family Residential
A-2 (Upland Agricultural)
Agricultural, ALR
Vacant
R-1 (Residential District)
Eco -Cluster
Single Family Residential
CD -3-98
Eco -Cluster
Single Family Residential
A-2 (Upland Agricultural)
Agricultural, ALR
Vacant
Single Family Residential and Street Townhouse
Residential
4.674 hectares (11.55 acres)
136 Avenue
Full Urban services to be provided
SD/098/08, DP/098/08, VP/098/08, DP/004/09
The applicant is proposing to rezone the subject site to permit the subdivision and development of
46 Eco -Cluster units, of which 38 are single family dwellings and 8 are street townhouse dwellings
(2 four-plex buildings). To provide a variety of lot sizes and housing types within the development in
accordance with the Silver Valley Area Plan, the following two zones are proposed:
• R-1 (Residential District) to permit the subdivision of 38 lots; and
• RST (Street Townhouse Residential) to permit the subdivision of 8 lots.
The proposed RST (Street Townhouse Residential) zone received 3rd Reading from Council in 2008
on two different Rezoning applications (RZ/070/06 and RZ/093/06) on development sites to the
southeast of this site. However, those two projects have been delayed and should they be further
delayed or not proceed this application could be stalled without the adoption of the RST (Street
Townhouse Residential) zone. To avoid this delay it would be appropriate to proceed with a
duplicate RST (Street Townhouse Residential) zone bylaw with this project so that whichever
application proceeds to final reading first will adopt the bylaw. The bylaws that do not complete can
simply be closed. This applicant is proposing a similar form of fee -simple townhouse that will not be
bound together by a strata -title, but instead will be subdivided along the line that extends through
the party -wall and continues to the front and rear lot lines. An easement and maintenance
agreement will be registered on these lots at subdivision to ensure that all joint servicing and
maintenance issues are addressed prior to occupancy.
-3-
Significant views to the north and west will be provided through approximately seven view corridors
between some of the buildings that will be protected by a restrictive covenant to prevent
obstructions within the corridors.
Road access to this site will be by an extension of 136 Avenue, a collector road, from the east on the
Silver Ridge development. A lane south of Foreman Drive will connect with a lane on this site. When
the property to the south of this site (which is already under application to subdivide) proceeds with
their single family development, then 136 Avenue will continue through that site to connect with the
existing 136 Avenue and Foreman Drive intersection to the west of this site. The site is bounded on
the north and west sides by a rock bluff adjacent to Foreman Drive which prevents any access to the
site from Foreman Drive.
A Natural Features Development Permit is required for the protection of steep slopes and several
significant trees on the site. Two large areas will be designated as Conservation by the OCP
amendment and will be dedicated as Park at Rezoning. Both local roads on the site will loop around
a Parkette and several significant trees have been identified for retention within the Parkette areas.
Running concurrently with this application are a Subdivision application for 46 residential lots; a
Natural Features Development Permit for protection of slopes and trees; and a Residential
Development Permit application for the lots to be zoned RST (Street Townhouse Residential). The
applicant has requested a Development Variance Permit for some of the R-1 (Residential District)
zoned lots to reduce the front setbacks from 6.Om to 4.Om while maintaining the 5.5m front setback
to the garage face, to reduce the rear setbacks from 8m to 6m, and to vary the maximum height to
11.Om from 9.Om. These variance requests are similar to those proposed and approved on other
sites within the Silver Valley area. At the subdivision stage a Restrictive Covenant will be required for
proposed lots 15 - 17 in the northeast corner of the site to require specific building designs on the
sloping sites.
c) Planning Analysis:
Official Community Plan:
This Eco -Cluster development is at the west end of the Silver Valley Area plan on a sloping site with
views to the north and west. The application to develop this site was first made in 2002 and the
project design has evolved through various permutations resulting in the present configuration that
is consistent with the Silver Valley Area Plan policies for Eco -cluster residential development in the
Official Community Plan.
An Eco -Cluster is defined in the Silver Valley Area Plan as "a group of housing units, condensed
within clearly defined limits, surrounded by open space and linked to other parts of the Silver Valley
community by a single local road" and includes the following principles:
• Condensing housing clusters within clearly defined limits;
• Considering a variety of lot sizes and housing types within the overall site density;
• Proposing minimal site re -grading;
• Incorporating parkettes, which serve as green frontage for most units;
• Maximizing retention of existing vegetation;
• Limiting development to areas where existing grades are less than 20%;
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• Natural open spaces are connected and continuous, creating wildlife corridors;
• Protecting environmentally sensitive areas through public ownership;
• Retaining and enhancing unique natural features, such as rocky knolls;
• Providing a variety of trails that ensure linkages and connections to surrounding
amenities.
The plan recognizes that the areas designated as Eco -Cluster often have steep slopes and the intent
is to encourage lots that take advantage of areas with slopes less than 20% grade by clustering
development in these areas and leaving the steeper sloped areas in a forested condition. This
development approach requires minimal site re -grading. The Plan vision is for a fairly rural type of
development that is sensitive to all aspects of the environment, including views, watercourses,
environmental features, tree preservation, and connected and continuous natural open spaces.
Parkettes are to be incorporated into the site plan as a frontage focal point for the housing unit
clusters.
This development site is located west of the Blaney Hamlet and is designated Eco -Cluster with 38
single family lots and 8 street townhouse units (two four-plex units) proposed. Approximately 24% of
the site will be dedicated as Park with an additional 9% for Parkettes. Within the Eco -Cluster
development, two looped roads are proposed and all units will front onto Parkettes and back onto
dedicated Park. Roads within Eco -Clusters are designated as Rural Local Roads in the Silver Valley
Area Plan. They are rural in character, adapted to the site topography, are relatively narrow, have a
sidewalk on one side and drainage swales where possible, and require pockets of limited parking on
pervious surfaces where possible. The road width and on -street parking requirements for this site
were carefully considered to meet the specific site conditions, the Silver Valley Area Plan road
standards, and the Engineering Department and Fire Department requirements. Driveways will be
grouped in pairs wherever possible to provide suitable areas for on -street parking.
Proposed amendment to the Official Community Plan:
Although the proposed development is in compliance with the policies of the Silver Valley Area Plan
of the Official Community Plan, an OCP amendment to designate portions of the site for
Conservation land use is required. Approximately 10,992m2 (2.7 acres) will be re -designated from
Eco -Cluster to Conservation. An OCP amendment is also required to delete a small portion of
proposed trail from the northeast corner of the site that is now redundant. With the development of
the Portrait Homes site to the east and northeast of this site, the trail network was revised and trails
have already been constructed throughout Portrait Homes' site, including a trail on the north side of
Foreman Drive adjacent to this site.
Densities:
The applicant has proposed an overall density of 9.8 units per hectare (upha) for the site, which is
within the range set for Eco -Clusters in the Silver Valley Area Plan (5 - 15 upha). The plan
encourages a variety of housing types within and between Eco -Clusters and the form of development
proposed here is 8 units in 2 four-plex street townhouse buildings to be zoned RST (Street
Townhouse Residential) and 38 single family homes to be zoned R-1 (Residential District).
-5-
Zoning Bylaw:
There are two residential zones proposed for this development: R-1(Residential District) to permit
the subdivision of 38 single family lots and RST (Street Townhouse Residential) to permit the
development of 2 four-plex street townhouse buildings. The proposed single family lots range from
approximately 376 m2 to 1023 m2 and the street townhouse lots 231m2 to 373m2.
Proposed Text Amendment - RST (Street Townhouse Residential):
A new zone is proposed as part of this rezoning application to permit the development of 8 duplex
units. The Silver Valley Plan encourages a variety of housing types throughout Eco -Cluster
developments, but currently Maple Ridge does not have an existing zone that could easily
accommodate this type of development. In order to accommodate and encourage a variety of
housing types in Silver Valley Eco -Clusters, as part of the ongoing implementation of the Silver Valley
Area Plan, the RST (Street Townhouse Residential) zone was drafted and is attached for Council
consideration.
The zone is intended for use in the Eco -Cluster designated areas of Silver Valley Area only. It permits
a fairly large 223 m2 (2400 ft2) unit (excluding basement, garage and accessory building) either in a
duplex, triplex, or fourplex form, which is greater than the anticipated size of attached housing form
within the urban area boundary. Although rear lanes are encouraged in Silver Valley, the topography
can make this type of development difficult and therefore, the zone will allow both rear lane and
non -rear lane access.
The RST (Street Townhouse Residential) zone is intended to permit a "zero lot line" subdivision,
which will result in each owner having no common property between them. For such fee -simple
proposals, an easement will be required on the property titles prior to unit construction. The
easement will deal with issues relating to shared walls and will set out the terms under which each
owner will be required to cooperate.
Requested Variances:
The applicant has requested a number of variances that will be the subject of a future Council
report, but which are common requests in the past in Silver Valley. The relaxations are as follows:
• To reduce the front setback for R-1 (Residential District) zoned lots from 5.5m to 4m
for the building while retaining the 5.5m front setback to the garage.
• To reduce the rear setback for R-1 (Residential District) zoned lots from 8m to 6m.
• To increase the maximum height from 9m to 11m for the R-1 (Residential District)
zoned lots.
These variances are consistent with those approved for the "Silver Ridge" development to the east
of this site for dwellings on sloping lots of similar in design.
Development Permits:
A Residential Development Permit will be required for the RST (Street Townhouse Residential) lots
that will address the form and character of the design and provide guidelines for the development of
the site. A security will be taken as a condition of the issuance of the Development Permit to ensure
that the Development Permit area guidelines are met.
-6-
A Natural Features Development Permit is required for the preservation, protection, restoration and
enhancement of the natural features on the site. The details are discussed in the Environmental
Implications section below. A Security will be taken as a condition of the issuance of the
Development Permit to ensure that the Development Permit Area guidelines are met.
Advisory Design Panel:
The plans, design drawings and landscape plans submitted in support of the development permit
application were reviewed by the Advisory Design Panel at the March 10, 2009 meeting. The
Advisory Design Panel is in support of the general concept as submitted and provided the following
resolution:
That the development be supported with the following concerns to be addressed and
submitted to planning staff:
1. Ensure that the scale of the development more closely reflects that of single family
detached homes; this could perhaps be achieved by not mirroring the unit plans to
form two attached duplexes, but rather providing four equal steps in both plan and
elevation.
The applicant has provided revised plans showing more symmetry in the building
design, with individual finish details on each unit.
2. That the end elevations of each unit be addressed to increase the facade.
The applicant has provided revised plans that achieve this requirement.
3. That the written comments of Panel member, Rory Dafoe, be addressed.
The landscape plans have been revised to provide additional planting in the rear
yards and exterior side elevation.
Development Information Meeting:
A Development Information Meeting was held on January 22, 2009 for the Street Townhouse
development and the following are excerpts from the minutes provided by the applicant:
1. In general there were no concerns about the proposed land use.
2. A major concern was expressed by some residents of the Portrait Homes development to the
east that back onto the same lane that will extend onto this site. The plan calls for the lane,
which currently dead -ends with a temporary turnaround, to connect with this development.
The residents feel strongly that the lane will be used as a shortcut to reach Foreman Drive
and this will create serious safety issues and overuse of the 6m wide lane. They would like
to see an emergency access gate at the end of the existing lane. The Applicant pointed out
that if the District would accept this solution, a permanent "T" turnaround would be needed.
3. There were concerns by the residents of 136 Avenue (west of the site) regarding speeding,
increased traffic and safety. The applicant pointed out that 136 Avenue is a collector road
which, when fully developed, would have an 11m (36') wide carriageway and possibly a
traffic circle may be built at the intersection of 136 Avenue and Foreman Drive when the
property to the south is developed. Traffic from this site will exit through the existing 136
Avenue on the Portrait Homes development to the east and the applicant felt that the effect
of the additional traffic along 136 Avenue heading west will be minimal.
7
4. There were concerns about additional drainage and flooding issues. The applicant said that
all the drainage from this site would go northeast to an existing large detention biofiltration
pond within the Portrait Homes development.
5. The applicant stated that all trees in the park strip along the east property line would remain
in place and would only be removed if the arborist deemed them a hazard. However, some
small trees and brush will be removed on the east property line of proposed Lot 17 as the
District will be requiring a watermain to go through in a right-of-way.
6. The building designer described the proposed RST (street townhouse residential) units: that
they will be large fee simple units; and the units closest to the Portrait Homes development
will be buffered by a park strip with a stand of trees to be retained.
d) Environmental Implications:
A Natural Features Development Permit is required for the preservation, protection, restoration and
enhancement of the natural features on the site. The applicant has submitted an Environmental
Assessment, a Stormwater Management Plan, a Geotechnical Report and an Arborist Report for the
site.
The site slopes from the southeast corner down toward Foreman Drive (northwest). The site is
essentially a rocky knoll that is covered with shrubs and small trees. The unique topographical
features are the bedrock slopes and cliffs on the southwestern portion of the site, and the views to
the north and west. In some areas, steep sections of rock are exposed. No watercourses are
identified on or adjacent to the site. The area has been logged in the past and the trees on the site
are considered to be third growth naturally occurring revegetation. Selective tree retention is
proposed in a number of areas of the site. No rare, threatened, or endangered plant species are
likely to be found on the site because it has been disturbed.
Four separate areas of the site are proposed for Park or Parkette, with a total combined area of
1.5ha (3.7ac). In addition to the park land, environmental sensitive areas have been identified
along the rear of most of the proposed lots which will be protected by restrictive covenant.
e) Interdepartmental Implications:
Engineering Department:
The Engineering Department has identified that all the services required in support of this
development application do not yet exist on the site. It will therefore be necessary for the owner to
enter into a Rezoning Servicing Agreement and post securities to do the work identified in that
agreement prior to final reading. Comments provided by the Engineering Department include:
• A Professional Engineer must determine if the water system will provide acceptable pressure
and quantity and quality at subdivision.
-8-
Parks & Leisure Services Department:
The Parks & Leisure Services Department have identified that after the subdivision is completed
they will be responsible for maintaining the street trees. In the case of this project it is estimated
that there will be an additional 46 trees which is based on one tree per lot. The final subdivision
design will provide exact numbers. The Manager of Parks & Open Space has advised that the
maintenance requirement of $25.00 per new tree will increase their budget requirements by
$1150.00.
f) School District Comments:
This project was referred to the School District, but no comments have been received.
g) Intergovernmental Issues:
Local Government Act:
An amendment to the Official Community Plan requires the local government to consult with any
affected parties and to adopt related bylaws in compliance with the procedures outlined in Section
882 of the Act. The amendment required for this application, to amend the land use designation
boundaries, is considered to be minor in nature. It has been determined that no additional
consultation beyond existing procedures is required, including referrals to the Board of the Regional
District, the Council of an adjacent municipality, First Nations, the School District or agencies of the
Federal and Provincial Governments.
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no impact.
CONCLUSION:
The lot geometry presented for the proposed Eco -Cluster development is aligned with the Silver
Valley Area Plan in that the design has achieved the clustering of units within distinct boundaries, a
rural character is maintained with lots facing a parkette and backing onto a Park, a variation in
housing form is provided, innovative stormwater management is being used, view corridors are
intact, and the protection of environmentally sensitive areas has been accomplished. A new zone is
accompanying this application to permit a street oriented fee -simple townhouse form of housing for
Eco -cluster developments in the Silver Valley area and to encourage a greater variation in housing
form as envisioned within the Area Plan.
-9-
It is recommended that first reading be given to Maple Ridge Official Community Plan Amending
Bylaw No. 6642 - 2009 and Maple Ridge Zone Amending Bylaw No. 6643 - 2009 and that
application RZ/054/02 be forwarded to Public Hearing.
Prepared by: Ann Edwa ds, CPT
Planning T-chnician
g, CP, MCIP
r of Planning
Approv:'• •y: —r• k Quinn, MBA, P.En_
M: Public Works & D elo•ment Services
G1
Concurrence: J. L. (Jird) Rule
Chief Administrative Officer
AE/dp
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - OCP Amending Bylaw No. 6642 - 2009
Appendix C - Zone Amending Bylaw No. 6643 - 2009
Appendix D - Proposed Subdivision
- 10 -
APPENDIX A
P20164
SCALE 1:3.000
P 3387
City of Pitt
Meadows .1 'i.
District of
Langley
FRASER R.
22600-136 Ave
MAPLE RIDGE
Uri 51-1 Columbia
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Nov 3, 2008 WO$4/02. BY: PC
APPENDIX B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6642 - 2009.
A Bylaw to amend the Official Community Plan
WHEREAS Section 882 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed desirable to amend Section 10.3. Part IV - Silver Valley Area Plan,
Figures 2 and 4 of the Official Community Plan;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open
meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 6642 - 2009."
2. Figures 2 and 4 are hereby amended for those parcels or tracts of land and
premises known and described as:
Lot 1 except Part on Plan BCP 30872, Section 32, Township 12, Plan 85759, New
Westminster District.
and outlined in heavy black line and hatched on Map No. 770, is hereby redesignated to
Conservation on Figure 2, and that area shown outlined in heavy black line and hatched is
hereby added to Conservation on Figure 4, as shown on Map No. 770, a copy of which is
attached hereto and forms part of this bylaw.
3. Figure 4 is hereby amended for those parcels or tracts of land and premises known and
described as:
Lot 1 except Part on Plan BCP 30872, Section 32, Township 12, Plan 85759, New
Westminster District.
as shown on Map No. 770, a copy of which is attached hereto and forms part of this Bylaw
to remove from Horse Trail.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly
READ A FIRST TIME the day of , A.D. 200 .
PUBLIC HEARING HELD the day of , A.D. 200 .
READ A SECOND TIME the day of , A.D. 200 .
READ A THIRD TIME the day of , A.D. 200 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
MAYOR CORPORATE OFFICER
.OFFICIAL COVV
Bylaw No. 6642-2009
Map No. 770
From: Eco Cluster
To:
Conservation
EINE and to remove that portion of trail from Figure 4
1:2500
APPENDIX C
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6643 - 2009
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6643 - 2009."
2. That Part 2 Interpretation is amended by inserting the following definition in the
appropriate alphabetical location within the section:
STREET TOWNHOUSE RESIDENTIAL USE means a residential use consisting of one
dwelling unit vertically attached to one or more dwelling units (i.e. a duplex, triplex, or
fourplex) with each dwelling unit located on a lot abutting a street.
3. That Part 3 Basic Provisions is amended by inserting the following after Section 302,
Zones (1):
RST Street Townhouse Residential
4. That Part 6 Residential Zones is amended by inserting the following after Section
601C and renumbering subsequent sections accordingly:
601D RST Street Townhouse Residential
Intent: The Street Townhouse Residential Zone is intended for use only within the
areas of Silver Valley designated as Eco -Cluster.
1.0 Permitted Uses
Only the following uses shall be permitted in the RST zone:
1. Street Townhouse Residential Use
2. Duplex Use
3. Accessory Boarding Use
4. Accessory Home Occupation Use
2.0 Conditions of Use
1. A Street Townhouse residential use shall be permitted where no more than four
street townhouse residential units are attached and located on a lot abutting a
public street.
2. Vehicular access for lots backing on a Municipal lane will be restricted to the
lane.
3. All motor vehicle parking areas must be fully enclosed within a garage structure.
3.0 Density
The maximum permitted gross floor area of a unit shall be 223 m2 (2400 s.f.),
specifically excluding basement, garage, and accessory building.
4.0 Lot Coverage
The maximum permitted lot coverage shall be as follows:
Lot Type
Maximum Lot Coverage
Exterior Lot 55%
Interior Lot 65%
Exterior Lot on Street
Corner
45%
Accessory Buildings & Structures:
The maximum lot coverage for accessory buildings and structures shall be 3%, which
shall form part of the maximum lot coverage for the entire lot. A detached garage is.
not considered an accessory building in this zone.
5.0 Height of a Building or Structure
The maximum height of a principal building shall be 3 storeys or 11 metres,
whichever is less.
The maximum height of any accessory building or structure shall be 4.6m
6.0 Setbacks
If building in this zone is next to an existing single-family development, then front
setback must match that of single-family neighbourhood on same side of same
street*.
If building in this zone is not adjacent to single-family development, then buildings
and structures shall be sited in accordance with the following minimum setbacks:
Building or Structure
Front Rear
Interior
Side
End Lot/
Exterior Side
Corner Lot/
Exterior Side
Principle Building
(no lane access)
4m
8m
See #3 below
Om
1.5m
3m
Garage (no lane
access)
6m
N/A
Orn
1.5m
3m
Principle Building
(lane access)
4m
14m
Om
1.5m
_
3m
Garage (lane
access)
N/A
1.5m
Om
1.5m
3m
Accessory Building
or Structure
N/A
0.5m
1.5m
1.5m
3m
1. Interior Side: 0 metre permitted where listed above, provided that the full length
of the interior side wall of the principle building and/or garage is adjoined to the
full length of the interior side wall of a neighbouring principle building and/or
garage. Where a fee -simple subdivision results in no common property
ownership among the attached units, the property line will run equally distant
through the attached interior walls.
2. On a lot with rear lane access:
a) Each lot shall have useable rear yard private outdoor space with minimum
dimensions of 6.5m x 7.5m that is defined by fences and landscaping.
b) Accessory buildings larger than 5m2 are not permitted in the rear yard private
outdoor space.
c) A minimum 1.5 metre wide walkway must be maintained along the length of
the garage, into the rear Janeway. This walkway does not make up any part of
the private outdoor space requirement.
3. On a lot with no lane access, the rear yard setback may be reduced to a minimum
of 6 metres if the rear yard backs onto a greenbelt that is dedicated as
Conservation Area or Park.
4. All accessory buildings and structures must be located in the rear yard.
7.0 Minimum Lot Size
Lot Type
Minimum Lot Area
Minimum Lot Width
Exterior Lot
234m2
9m
Interior Lot
195m2
7.5m
Exterior Lot
Corner
on
Street
273m2
10.5m
* In a neighbourhood where redevelopment is expected and the current zoning of the single-
family neighbourhood in question is not consistent with the designation in the Official
Community Plan, or the zoning matrix within the Official Community Plan, the front setback
must match that of a zone that would be consistent with the current Official Community
Plan.
8.0 Parking Requirements
To be the same requirements listed in Schedule "A", under 1.0 b) for one and
two family residential use in the Maple Ridge Off Street Parking and Loading
Bylaw No. 4350-1990.
9.0 Other Regulations
1. A Street Townhouse Residential use shall be permitted only if the site is serviced
to the RT -1 zone standard, excluding road standards, set out in the Maple Ridge
Subdivision Servicing Bylaw No. 4800-1993.
2. A Street Townhouse Residential use shall be permitted only if the site is serviced
to the Eco -Cluster road standards identified within the Silver Valley Area Plan.
5. That Schedule "D" Minimum Lot Area Dimensions is amended by inserting the
following under each heading:
Zone: RST
Minimum Width: See Section 601D, Item 7.0 Minimum Lot Size
Minimum Area: See Section 601D, Item 7.0 Minimum Lot Size
6. That parcel or tract of Land and premises known and described as:
Lot 1 except Part on Plan BCP 30872, Section 32, Township 12, Plan 85759, New
Westminster District.
and outlined in heavy black line is hereby rezoned as shown on Map No. 1449, a
copy of which is attached hereto and forms part of this bylaw.
7. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 200 .
PUBLIC HEARING held the day of , A.D. 200 .
READ a second time the day of , A.D. 200 .
READ a third time the day of , A.D. 200 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
PRESIDING MEMBER CORPORATE OFFICER
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6643-2009
1449
A-2(Upland Agricultural)
R-1 (Residential District)
RST(Street Townhouse Residential)
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MAPLE RIDGE
1. British Ca[umbia
APPENDIX D
MAPLE RIDGE
Br fish Columbia
Deep Roots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin DATE: April 1, 2009
and Members of Council FILE NO: RZ/059/08
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Zone Amending Bylaw No.6653-2009
11873 and 11865 Burnett Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from RS -1 (One Family Urban
Residential) to RM -2 (Medium Density Apartment Residential) to permit the construction of a 39 -
unit apartment building in the RM -2 (Medium Density Apartment Residential). This application is
in compliance with the Official Community Plan and the Town Centre Area Plan designation. The
proposed rezoning sits on two lots totaling 2659.99 m2 which are required to be consolidated
and the existing older single family houses need to be demolished.
The proposed apartment building which falls within the East Precinct of the Town Centre Area
Plan will be subject to the requirements of Section 8.11 of the Official Community Plan for the
Town Centre Development Permit Guidelines.
RECOMMENDATIONS:
1. That Zone Amending Bylaw No. 6653-2009 be given first reading and be forwarded to
Public Hearing; and
2. That the following terms and conditions be met prior to final reading.
Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and
receipt of the deposit of security as outlined in the Agreement;
ii. Registration of a geotechnical report as a Restrictive Covenant which addresses
the suitability of the site for the proposed development;
iii. A Statutory right of way plan and agreement for the proposed bikeway along the
southern edge of the subject sites must be registered at the Land Title Office;
iv. Road dedication as required;
v. Consolidation of the development site;
vi. Removal of the existing buildings;
1102
vii. Registration of a Restrictive Covenant protecting the Visitor parking.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Legal Description:
OCP:
Existing:
Proposed:
Zoning:
Existing:
Proposed:
Surrounding Uses:
North:
South:
East:
West:
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
Goeff Lawlor of Geoff Lawlor Architecture Inc.
Avtar S Dutt
Karamjit K Dutt
Sandeep S Dutt
Lot: 9, Block: 2, Section: 17, Township: 12, Plan:
22046; PID: 009-150-617
Lot: 10, Section: 17, Township: 12, Plan: 22046;
PID: 009-150-633
Urban Residential (Low-rise apartment)
Urban Residential (Low-rise apartment)
RS -1 (One Family Urban Residential)
RM -2 (Medium Density Apartment Residential)
Single Family Residential
RS -1 (One Family Urban Residential)
Urban Residential (low-rise apartment)
Single Family Residential
RS -1 (One Family Urban Residential)
Urban Residential (low-rise apartment)
Single Family Residential
RS -1 (One Family Urban Residential)
Urban Residential (Low-rise apartment)
Multi Family Residential
RM -2 (Medium Density Apartment) and RM -3 (High
Density Apartment)
Urban Residential (Low-rise apartment)
Single Family Residential
Low-rise Apartment Residential
0.133 HA (2659.99 m2)
Burnett Street
Full Urban
DP/059/08 and VP/059/08
-2-
b) Project Description:
The subject site totaling 2659.99 m2 comprises of two fairly flat lots located on the west side of
Burnett Street. The project architect, Mr. Geoff Lawlor, is proposing to rezone the subject
properties from RS -1 (One Family Urban Residential) to RM -2 (Medium Density Apartment
Residential) which will permit the construction of a wood frame, four -storeyed apartment building
with 39 units that are fairly uniformly distributed on all the floors. Proposed FSR is 1.2 and the
total floor area proposed is 3709 m2 with one and two bedroom units targeted for younger
couples with/without a child or older couples downsizing. Unit sizes range from 816 ft2 to 1130
ft2.
The applicant has submitted a Geotechnical Report by Trow dated February 28, 2008 stating that
the site is suitable for the proposed development; a Traffic Analysis Report by McElhanney dated
March 28, 2008 and an Arboricultural Field Review Report by DMG dated February 26, 2008.
As per the Town Centre Area Plan an east -west bikeway connection is proposed. This will be a
two-way, 2.5 m wide future bikeway which will be located at the southern end of the site. A 1.25
m wide statutory right-of-way will be required as a condition of final reading. (The other 1.25 m
will be acquired when the properties on the south redevelop).
The main access to the site is from Burnett Street and all the parking except some visitor stalls is
proposed in an underground parkade. The subject site designated "Low -Rise Apartment" (which
supports development of 3 to 5 storey apartment dwellings with underground parking) in the
Town Centre Area Plan, is subject to Section 8.11 of the Official Community Plan which are the
"Town Centre Area Development Permit Guidelines" to address the form and character of the
proposed development.
c) Planning Analysis:
Official Community Plan:
As per Policy 3-22 of the Official Community Plan, residential capacity within the Regional Town
Centre will be given priority to help accommodate the 7,000 new dwelling units anticipated by
2021. This growth is expected to help revitalize the downtown area and provide a supportive
population base for local businesses and transit.
The Town Centre area is divided into 7 precincts and the subject site lies within the East Precinct.
The East Precinct lies directly east of the Town Centre's civic core, between Brown Avenue to the
north, Lougheed Highway to the south, 227th Street to the West and Burnett Street to the east.
Among other designations, the East Precinct supports "Low -Rise Apartments" which is the town
centre area designation for the subject sites. The Low -Rise Apartment use is intended to be a 3 to
5 storey apartment form of housing with central access to all the units and underground parking.
The Town Centre Development Permit Guidelines are meant to provide possible design solutions
for achieving architecture and site -related development objectives such as enhancing the quality,
character & vibrancy of the town centre area, pedestrian friendly design, proposing climate -
appropriate landscaping, providing outdoor spaces, maintaining street -interconnectivity and
capitalizing on improved views.
-3-
Policy 3-5(b) of the Official Community Plan states that "Maple Ridge will support healthy
community land use strategies and community wellness principles by promoting affordable
housing developments that incorporate access to services through interconnecting roadways,
bicycle paths and pedestrian links" and this projects encourages an east -west bikeway
connection.
The subject sites sit in an area in transition at the western edge of the town centre area and may
have the associated challenges of an area in transition. The proposal however fits well with the
policies of promoting maximum residential density within the Town Centre Area as stated in the
Official Community Plan and the Town Centre Area Development Permit Guidelines.
Zoning Bylaw:
The proposed RM -2 (Medium Density Apartment Residential) zone allows a medium density
apartment use and specifies a Floor Space Ratio of 1.8. The applicant has proposed a four
storey wood frame building with an FSR of 1.2 (total proposed built up area = 3709 m2). The RM -
2 (Medium Density Apartment Residential) zone requires a common usable open space of 20%
of the net lot area and the applicant has proposed an open space of 25.6% (683 m2). The zone
also requires a Common Activity Area of 39 m2 which has been proposed in the form of an indoor
common meeting room on the fourth floor.
Proposed Variances to the Zoning Bylaw:
The proposed building complies with the density and height requirements of the zone but some
setback variances have been requested. Applicant has requested a front setback variance of
1.91 m (proposed front setback=5.59 m and required is 7.5m) due to a 1.5 m road dedication
required along Burnett Street. A 0.05 m rear setback variance is requested for the underground
parkade. These variances do not impact any neighbouring properties and will need Council
approval before the Development Permit is approved.
Maple Ridge Off -Street Parking & loading Bylaw # 4350-1990:
The Town Centre Parking Strategy completed last year revisited parking standards for some uses
within the Town Centre Area and include revised parking standards for residents based on unit
sizes for a multi -family residential use. This proposal, due to its location, is subject to the revised
minimum parking standards. As per Section 10 of the Maple Ridge Off -Street Parking and
Loading Bylaw # 4350-1990, a minimum of 0.9 spaces per unit are required for a bachelor
apartment which increases by 0.1 space per additional bedroom. Based on the revised parking
standard, for a total of 39 units, this project requires a total residential & visitor parking of 49
spaces (45 resident parking plus 4 visitor parking spaces). Total proposed parking is 53 spaces
which includes 45 resident parking stalls (including one handicapped paring) and 8 visitor
parking stalls (including one handicapped parking). The developer considers this important for
marketing the units upon completion. 3 visitor parking stalls are proposed at grade and 5 visitor
parking spaces are proposed underground separated by an overhead security door from the
residential parking. Section 10.3 of this bylaw also specifies long-term and short-term bicycle
parking standards in the Town Center Area. For this proposal, a total of 12 short-term bicycle
parking stalls and 10 long-term bicycle parking storage is required. 24 bicycle storage lockers
-4-
have been proposed in the underground parkade and the required short-term bicycle parking is
provided at grade, closer to the main entrance of the building, in a well -lit area visible to
pedestrians and cyclists.
Development Permits:
The proposed apartment building which falls within the East Precinct of the Town Centre Area
Plan will be subject to the requirements of Section 8.11 of the Official Community Plan for the
Town Centre Development Permit Guidelines. A Development Permit report will be before Council
for consideration at a later date.
Advisory Design Panel:
This proposal was initially reviewed by the panel on September 09, 2008, prior to the adoption of
the Town Centre Area Plan. After adoption of the Town Centre DP Guidelines in November 2008,
this application became subject to Town Centre DP Guidelines. During the Advisory Design Panel
meeting in September 2008, the panel commended the applicant on the quality of the
application, noted the absence of the landscape architect and indicated that the application will
need to be seen again in the future with the following concerns addressed: Providing improved
planting zone between the bike way right-of-way and the building; investigating more appropriate,
native and alternative plant selection especially on the perimeter of the development;
consistency with the landscape design rationale; contextual analysis of planting scheme and
investigating sun -shading devices on south facing units to reduce heat gain.
On February 10, 2009 the panel reviewed the application again with some revisions that were
proposed after the town centre adoption. The panel indicated that they support the application in
general and the concerns voiced by the landscape architects such as planting proposed between
bike path & parking entry, more appropriate plant selection, more native planting, consistent
planting along the periphery and possibility of improved usable open space need to be explored
and addressed prior to approval of the Development Permit. The project architect and his team
are working towards resolving landscape related issues which will be addressed through the
Development Permit report at a later date.
Development Information Meeting:
On April 07, 2009, the applicant held a Development Information Meeting at the Maple Ridge
Travelodge on Lougheed Highway from 6:30 to 9:00 PM. This meeting was attended by 10
residents of the community who were in general support of residential density increase in this
area. Most of the discussion centred on explaining the design and general layout of the building.
Three residents of the apartment building to the rear expressed a desire to have a 6' high fence
across the rear of the proposed development. This was prompted by the need to prevent other
local residents from crossing through the centre of the block on their way to the shopping area.
There is currently a low fence in place which seems to provide no deterrent. The owner of the
proposed development has agreed to provide this fence but this will not completely solve the
existing trespassing problem as this development only extends across half of the rear of the
existing apartment project. A more effective solution would be for the existing apartment strata
council to construct a fence along the entire length of their rear property line.
-5-
The applicant has provided these residents with answers to questions mentioned above and
other questions related to the details of the project itself.
d) Interdepartmental Implications:
Engineering Department:
The Engineering Department has reviewed the proposal and has the following comments:
• Road dedication of 1.5 m along Burnett Street to match the collector urban standard
road width on the south of subject sites. Offset of new curb must match the widened road
on the south and the proposed widening further along to the north.
• Road upgrades fronting the property including curb, gutter, sidewalk, street lighting (on
the west side of Burnett Street only) and street trees (on the west side of Burnett Street
only) will be required.
• Sanitary sewer capacity of the existing sewer to support the proposed density has to be
confirmed by the engineer of record and any upgrades if required need to be addressed
in the off-site civil design. A new sanitary connection will be required for the proposed
apartment.
• Storm sewer will need to be extended from the manhole in front of 11843 Burnett Street
across the frontage of the site and a suitable service connection constructed at the same
time. At the building stage the on-site design will need to include a storm water detention
system designed to detain the 10 year storm with a 2 year pre -development release rate.
• Capacity of the existing water main to support the proposed density and to ensure
sufficient pressure for both fire -fighting and domestic use has to be confirmed by the
engineer of record. Any upgrades if required need to be addressed in the off-site civil
design. A new fire hydrant will be required in front of this site and needs to be shown on
the off-site servicing plans along with a new service connection.
• All utility services (hydro, telephone and cable) servicing the site must be underground.
Overhead lines on the Street will remain but the aerial connections to the lots will be
removed along with disconnecting all services prior to demolition of the existing single
family houses on site.
Parks & Leisure Services Department:
The Parks & Leisure Services Department are in support of the proposed bike -way right-of-way
registration on title to facilitate an east -west bikeway and requires this bikeway to be open for
public use at all times. They have identified that after the development permit is approved they
will be responsible for maintaining the street trees. In the case of this project it is estimated that
there will be an additional 5 trees which is based on the landscaping plan attached (Appendix E).
The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00
per new tree will increase their budget requirements by $125.00.
-6-
Fire Department:
The Fire Department has reviewed the proposal and has the following comments:
• Include all the locations and specifications of fire department connections in the building
permit drawings.
• Fire department access from underground to the outside needs to be easy and quick
during an emergency evacuation. Securing areas outside the building and installing a
magnetic lock to code is are examples of a way to achieve this.
• Ensure address is visible from the street at all times.
• Once the current houses are vacant, they are to be maintained secure against
unauthorized entry at all times, as well as during the demolition phase until such time as
they are totally demolished.
Building Department:
• Ensure that fill location is identified on plans and that installation of structural fill is
specified as required.
• At areas where excavation encroaches beyond property lines, encroachment agreements
from neighbouring property owners must be in place prior to building permit issuance.
e) Financial Implications:
As per a Council resolution passed on September 10, 1990, there will be a bonding for 2.5 % of
the estimated total construction cost of the project as Landscape Security, to be paid at the
Development Permit stage. This security is also intended to ensure the form and character
aspect of the development permit along with the proposed landscaping works. The project
architect has been asked to provide us with an approximate estimate of the total project cost and
this security will be paid by the applicant at the Development Permit stage which will be outlined
in the Development Permit report at a later date.
CONCLUSION:
The proposed project is centrally located on the western boundary of the town centre area and
fits well with the Official Community Plan policies of promoting maximum residential density to
revitalize the town centre area. The proposed apartment building features articulated facades
and an attractive building form and setting, designed for both younger couples and seniors. The
project facilitates the creation of the bikeway which could prove to be an important east -west
greenway connection.
It is recommended that the property located at 11873 and 11865 Burnett Street be favourably
considered and that Maple Ridge Zone Amending Bylaw No. 6653-2009 be read a first time and
forwarded to Public Hearing.
-7-
Prepared by: Rasika Acharya, B -Arch, M -Tech (Ping) UD (SFU)
Planner IIS
roved • Jane . ' _, '=, MCIP
Director of Planning
Approvedb
Frank Quinn, MBA, P.Eng
GM: Public Wpfks & Development Services
Concurrence: J. L. Jim) Rule
Chief Administrative Officer
RA/dp
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw 6653-2009
Appendix C - Site Plan
Appendix D - Building Elevations
Appendix E - Landscape Plans
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CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6653-2009
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6653-2009."
2. Those parcels or tracts of land and premises known and described as:
Lot 9 Section 17 Township 12 Plan 22046 New Westminster District
And Lot 10 Section 17 Township 12 Plan 22046 New Westminster District
and outlined in heavy black line on Map No. 1452 a copy of which is attached hereto
and forms part of this Bylaw, are hereby rezoned to RM -2 (Medium Density
Apartment Residential)
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 200 .
PUBLIC HEARING held the day of , A.D. 200 .
READ a second time the day of , A.D. 200 .
READ a third time the day of , A.D. 200 .
APPROVED by the Minister of Transportation this day of , A.D. 200 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
PRESIDING MEMBER CORPORATE OFFICER
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Map No. 1452 •
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MAPLE RIDGE
British Cothinhia
meepmots
Greater Heighls
DISTRICT OF MAPLE RIDGE
TO: Hs Worship Mayor Ernie Daykin DATE: April 14, 2009
and Members of Council FILE NO: RZ/110/08
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Official Community PIan Amending Bylaw No. 6649 - 2009
Maple Ridge Zone Amending Bylaw No.6650 - 2009
22960, 22970, 22976, 22980, 22986. 22998, 23012, 23030. 23040, 23052,
23070, 23086, 23100, 23110. 23120, 23126, 23132, 23136, 23140, 23146,
23150, 23156, 23160 and 23170 Gilbert Drive;
13719, 13751, 13819, and 13829, 232 Street; and
Parcel B of SE 1/4 Section 32, Township: 32, NWD Reference Plan RP6048.
EXECUTIVE SUMMARY:
An application has been received to rezone the subject properties from CD -3-98 and A-2 to R-1
(Residential District). R-3 (Special Amenity Residential District), new RST -SV (Street Townhouse
Silver Valley), RM -1 (Townhouse Residential) and P-1 (Park and School) to permit the development
of approximately 145 townhouse units, 39 single family lots. and 29 street townhouse units (3- and
4-p|ex units). Also, a school / park site of 0.953 hectares (2.4 acres) will be dedicated and
approximately 0.101 hectares (0.25 acres) will be dedicated for a future Neighbourhood Park with
playground. Setbacks from the top -of -bank of a watercourse located towards the east side of the
site have been established and also dedicated as conservation parkland.
The proposed development is consistent with the Silver Valley Area Plan policies for residential
development in the Official Community PIan. The application requires an amendment to the Official
Community PIan to adjust the boundaries of the proposed land uses.
'
That Maple Ridge Official Community PIan Amending Bytaw No. 6649 2009 be given first
reading and be forwarded to Public Hearing;
2. That in accordance with Section 879 of the Local Government Act opportunity for early and
on-going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 6849 2009 on the municipal website and requiring that the applicant host a
Development Information Meeting, and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a public hearing on the bylaw;
3. That Maple Ridge Official Community Plan Amending Bylaw No. 6649 2009 be considered in
4. That it be confirmed that Maple Ridge Official Community PIan Amending Bylaw No. 6649
2009 is consistent with the Capital Expenditure Plan and Waste Management Plan;
5. That Zone Amending Bylaw No. 6650 2009 be given first reading and be forwarded to Public
Hearing; and
Notification to the Ministry of Water, Land and Air Protection, Fish and Wildlife Branch
for work in and around the watercourse;
iiRegistration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt
of the deposit of security as outlined in the Agreement;
iii. Amendments to Part K, Figure 2 (Land Use Plan), 3A (Blaney Hamlet) and Figure 4
(Trails / Open Space) of the Silver Valley Area Plan of the Official Community Plan;
iv. Registration of a Section 219 Covenant for a Geotechnical Report that addresses the
suitability of the site for the proposed development;
v. A Statutory right of way plan and agreement must be registered at the Land Title Office
to permit access to the playground Park from Gilbert Avenue.
vi. Road dedication on 232 Street as required;
vii. Park dedication as required, including construction of a trail on 137 Avenue right-of-
way.
viii' An Amenity Restrictive Covenant must be registered at the Land Title Office for the
future subdivision and development of the area to be zoned R-1 (Residential District),
R-3 (Special Amenity Residential District) and RST -SV (Street Townhouse Silver
ix. Removal of the existing buildings;
x. A disclosure statement must be submitted by a Professional Engineer advising
whether there is any evidence of underground fuel storage tanks. If there is evidence,
a site profile pursuant to the Waste Management Act must be provided in accordance
with the regulations.
xi. Pursuant to the Contaminated Site Regulations of the Environmental Management
Act, the subdivider will provide a Site Profile for the subject lands.
xii. Registration of a Restrictive Covenant protecting the Visitor Parking on the RM -1 zoned
site.
2
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Legal Description:
OCP:
Existing:
Proposed:
Zoning:
Existing:
Proposed:
Surrounding Uses
North:
South:
East:
West:
Use:
Zone:
Designation
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Damax Consultants Ltd.
Insignia Homes Silvervalley Ltd
Lots 34 - 58 and 62, Section 32, Township 12, NWD Plan
BCP33856;
Lots 3 and 4, Section 32, Township 12, NWD Plan 17907;
and
Parcel B of SE 1/4 Section 32, Township: 32, NWD
Reference Plan RP6048.
Med/High Density Residential, Medium Density Residential,
Low Density Residential, Neighbourhood Park, Civic,
Conservation
Med/High Density Residential, Medium Density Residential,
Neighbourhood Park, Civic, Conservation
A-2 (Upland Agricultural), CD -3-98 (Comprehensive
Development)
R-1 (Residential District), R-3 (Special Amenity Residential
District), RM -1 (Townhouse Residential), RST - SV (Street
Townhouse - Silver Valley), P-1 (Park and School)
Single Family Residential
CD -3-98 (Comprehensive Development)
Medium Density Residential, Low Density Residential
Rural Residential (under application for development)
A-2 (Upland Agricultural)
Medium/High Density Residential, Medium Density
Residential, Eco -Cluster, Civic, Conservation
Townhouse, Rural Residential
RM -1 (Townhouse Residential), RS -3 (One Family Rural
Residential)
Medium/High Density Residential, Commercial
Single Family Residential
CD -3-98 (Comprehensive Development)
Eco -Cluster
-3-
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
b) Project Description:
Vacant, Rural Residential
Single Family, Street Townhouse, Townhouse, School/Park,
Neighbourhood Park
7.83 ha (19.4 acres)
232 Street, Gilbert Drive
Full Urban to be provided
SD/110/08, DP/110/08, VP/110/08, DP/009/09,
SD/051/08
The applicant is proposing to rezone the subject site to provide a variety of residential lot sizes and
housing types within the development, in accordance with the Silver Valley Area Plan, and to permit
the future subdivision and development of approximately 145 townhouse units, 39 single family
lots, and 29 street townhouse units (3- and 4-plex units). A school / park site of 0.953 hectares will
be dedicated, approximately 0.101 hectares (0.25 acres) will be dedicated for a Neighbourhood
Park playground, and a linear Park strip will be dedicated for a trail along the 137 Avenue right-of-
way. Setbacks from the top -of -bank of a watercourse located towards the east side of the site have
been established and the area will be dedicated as Park.
To provide a variety of lot sizes and housing types within the development in accordance with the
Silver Valley Area Plan, the following four residential zones are proposed:
• R-1 (Residential District) to permit the subdivision of 10 lots:
• R-3 (Special Amenity Residential District) to permit the subdivision of 29 lots;
• RST -SV (Street Townhouse - Silver Valley) to permit the development of 29
Street Townhouse units; and
• RM -1 (Townhouse Residential) to permit the development of 145 townhouse
units.
A text amendment is proposed for a new RST - SV (Street Townhouse -Silver Valley) zone for fee-
simple townhouses located within the Silver Valley area for development of lands not designated
Eco -Cluster. An easement and maintenance agreement will be registered on these lots at
subdivision to ensure that all joint servicing and maintenance issues are addressed prior to
occupancy. This new zone is similar to the new RST zone proposed for development within Eco -
Clusters in the Silver Valley Area Plan. A second text amendment is proposed to amend the Density
section of the RM -1 zone. This second amendment is also included in the Housekeeping Text
Amendment Bylaw 6647-2009 (RZ/005/09) which is the subject of a separate report. If that bylaw
is adopted prior to the text amendment contained in this report, then it can be removed from the
final adoption requirements of this application.
Running concurrently with this application are: a Subdivision application that will result in one lot for
the RM -1 townhouse site, one lot for the future school / park site and one multi -zoned residential lot
that will be further subdivided in the future; an Environmental Development Permit for Watercourse
and Natural Features protection; and a Multi -Family Residential Development Permit for the
townhouse site. The applicant has requested a Development Variance Permit to reduce some of the
setbacks for the townhouse site, and to vary the maximum height of a retaining wall adjacent to the
watercourse protection area from 1.2m to 1.8m. A Restrictive Covenant detailing the future
-4-
subdivision of the multi -zoned residential lot for single family and street townhouse lots will be
required.
c) Planning Analysis:
Official Community Plan:
The development site is located within the Silver Valley Area Plan, almost completely within the
Blaney Hamlet, on the west side of 232 Street. The proposed development is consistent with the
Silver Valley Area Plan policies for residential development in the Official Community Plan and works
towards the desired community pattern within the Blaney Hamlet. The application requires an
amendment to the Official Community Plan to adjust the boundaries of the proposed land uses.
This development meets the requirements of the Blaney Hamlet to provide a school/park site (the
balance to be provided on the site to the south via development application RZ/087/08), a tightly
clustered residential development focused around the school site, and a neighbourhood park
playground northwest of the townhouse development site.
Proposed amendment to the Official Community Plan:
Although the proposed development is in compliance with the policies of the Silver Valley Area Plan
of the Official Community Plan, the applicant has requested an OCP amendment to adjust the
boundaries of the [and use designations on the site. There are several land use designations on the
site and the results of careful evaluation of the topographic conditions are that adjustments to the
land use boundaries are needed. This means the proposed density and housing forms will better fit
the terrain, the Neighbourhood Park playground will be located on a level site, and the linear park
trail will provide neighbourhood connectivity via the 137 Avenue right-of-way.
The boundaries of the area designated Med/High Density Residential will be adjusted to where it is
best suited for a townhouse development and the Medium Density Residential will be adjusted for
single family and street townhouse development. The area designated for Neighbourhood Park will
be amended to accommodate the most suitable areas for the playground and linear park and the
area identified for the school/park site will designated Civic. Environmental assessment of the
designated Conservation areas has determined that the watercourse on the east side of the site
extends farther north and the watercourse on the west side does not extend onto this site, therefore
the boundaries of the Conservation areas will be amended.
Densities:
The applicant has proposed a variety of lot sizes and housing types within this development to
provide diversity in residential densities, in accordance with the Silver Valley Area Plan. To achieve
this four residential zones are proposed: R-1 (Residential District); R-3 (Special Amenity Residential
District); RST -SV (Street Townhouse - Silver Valley); and RM -1 (Townhouse Residential). The
approximate proposed densities are:
• 17.5 upha for the R-1 lots;
• 28 upha for the R-3 lots;
• 41 upha for the Street Townhouse lots; and
• 44 upha for the Townhouse site.
These are within the range for medium density and medium/high density residential development
located within the Blaney Hamlet.
-5-
Zonin t Bylaw:
There are four residential zones proposed for this development: R-1 (Residential District) to permit
the subdivision of 10 lots; R-3 (Special Amenity Residential District) to permit the subdivision of 29
lots; RST -SV (Street Townhouse - Silver Valley) to permit the development of 29 Street Townhouse
units; and RM -1 (Townhouse Residential) to permit the development of 145 townhouse units
Proposed Text Amendments:
A text amendment is proposed for a new street townhouse zone, RST - SV (Street Townhouse - Silver
Valley), which is for fee -simple street oriented townhouses within the Silver Valley area for
development on lands that are designated Medium or Med/High Density Residential. This new
zone is similar to the new RST zone proposed for development within Eco -Clusters in the Silver Valley
area plan. Both these RST zones are intended to provide a 'zero lot line' subdivision, designed to be
fee -simple developments, not strata -titled, and an easement and maintenance agreement will be
registered on these lots at subdivision to ensure that all joint servicing and maintenance issues are
addressed prior to occupancy.
A second text amendment is proposed to amend the RM -1 Townhouse Residential (5) Density as
follows:
5) All buildings and structures shall not exceed a floor space ratio of 0.6 times the
net lot area, excluding a maximum of 50 m2 of habitable basement area.
Currently, all finished square footage counts towards the total floor space ratio (FSR) of the site. The
applicants find this is too onerous as basement square footage should not be considered as useful
as the square footage on other floors. A small increase in density would allow the developer to
professionally finish areas of the basement which are currently often left unfinished. This
amendment will assist all townhouse developments throughout the District.
Proposed Variances:
The applicant has requested
report. The relaxations are as
• To relax the required
site, and
• To vary the maximum
from 1.2m to 1.8m.
a number of variances that will be the subject of a future Council
follows:
setbacks at various locations on the RM -1 (Townhouse Residential)
height of a retaining wall adjacent to the watercourse protection area
Development Permits:
A Multi -Family Development Permit is required for the RM -1 (Townhouse Residential) development
that will address the form and character of the design and provide guidelines for the development of
the site. A Security will be taken as a condition of the issuance of the Development Permit to ensure
that the Development Permit area guidelines are met. The development will be assessed against
the following Key Design concepts:
1. New development into established areas should respect private spaces, and
incorporate local neighbourhood elements in building form, height, architectural
features and massing.
-6-
2. Transitional development should be used to bridge areas of low and high densities,
through means such as stepped building heights, or low rise ground oriented housing
located to the periphery of a higher density developments.
3. Large scale developments should be clustered and given architectural separation to
foster a sense of community, and improve visual attractiveness.
4. Pedestrian circulation should be encouraged with attractive streetscapes attained
through landscaping, architectural details, appropriate lighting and by directing parking
underground where possible or away from public view through screened parking
structures or surface parking located to the rear of the property.
A Watercourse Protection and Natural Features Development Permit is required for the preservation,
restoration and enhancement of the natural environment of the watercourse areas and of the
natural features ori the site. The details are discussed in the Environmental Implications section of
this report. A Security will be taken as a condition of the issuance of the Development Permit to
ensure that the Development Permit area guidelines are met.
Advisory Design Panel:
The plans, design drawings and landscape plans submitted in support of the development permit
application were reviewed by the Advisory Design Panel at the March 10, 2009 meeting. The
Advisory Design Panel is in support of the general concept as submitted and provided the following
resolution:
That the development be supported with the following concerns to be addressed and submitted to
planning staff:
1. Further investigation of the possibility of providing a double loaded road, particularly to
the eastern portion of the development.
Various options have been considered as an alternative to a double loaded but
were not found to be acceptable.
2. In the event a single loaded road solution proposed, surface treatment of the ROW,
particularly adjacent to the environmentally sensitive area, should be developed to
create a more pedestrian friendly environment that is more permeable and reflects a
more paved appearance rather than asphalt.
Revised landscape plans have been provided to provide a more appropriate finish
for this area.
3. Further consideration should be given to increasing the contrast and variety of colours
and materials.
One additional colour scheme has been added for additional colour and contrast
within the development.
4. The written landscape comments provided by Panel Members, Rory Dafoe and Don
Crockett are to be addressed and submitted to planning staff.
The applicant has provided revised the landscape plans which address these
concerns.
Development Information Meeting:
A Development Information Meeting was held on February 12, 2009 for the townhouse
development and the following excerpts from the minutes were provided by the applicant:
-7-
1. Most of the attendees were residents on Foreman Drive within the existing Portrait
Homes subdivision.
2. There was limited support for the townhouse site as the general feeling was that crime
in the area increases with higher density projects and that single family houses will
lose value.
3. There was general support for the school/park component of the proposal. However,
some residents did not like the school so close due to the same concerns about crime.
4. There were concerns about the extra traffic that will result from this development. The
applicant explained that there will be no road access from this development directly to
Foreman Drive. There will, however, be pedestrian access to the future school/park
site.
5. It was explained by the applicant that the lands directly adjacent to Foreman Drive are
being rezoned to single family lots, similar to the existing lots. The townhouse site will
not be visible from Foreman Drive. Also, that the proposal follows the OCP Guidelines
for Silver Valley.
d) Environmental Implications:
A Watercourse Protection and Natural Features Development Permit is required for this site. The
applicant has submitted an Environmental Assessment, a Stormwater Management Plan, a
Geotechnical Report and an Arborist Report for the site. The majority of the site is characterized by
shallow grades less than 15%. Slopes greater than 15% are typically extremely localized. A
relatively extended steep slope occurs along the eastern margin of the site.
Two watercourses, both tributaries to Cattell Brook, are identified in the OCP but a survey of the area
has delineated their actual location and setbacks from the top -of -bank have been established. The
watercourse on the east side of the site extends farther north and the watercourse on the west side
does not extend onto this site. Bio-swales and 2 large bio -detention ponds will be located on the
townhouse site to manage stormwater. Enhancement opportunities include removal of old culverts,
daylighting sections of the creek, removing invasive plants, and landscaping the area with
appropriate plant species.
e) Interdepartmental Implications:
Engineering Department:
The Engineering Department has identified that all the services required in support of this
development application do not yet exist on the site. It will therefore be necessary for the owner to
enter into a Rezoning Servicing Agreement and post securities to do the work identified in that
agreement prior to final reading. Comments provided by the Engineering Department include:
1. A Right-of-way with a 3m wide gravel access road is required on the future road right-
of-way to allow public and municipal employee- access to the playground Park from
Gilbert Drive.
2. A Stormwater . Management plan is required. It must be demonstrated if the
watercourse and/or facilities are adequate to support the drainage from these sites
and other tributary drainage, and to determine that no adverse impact on adjacent
properties will occur. The plan may need to exceed the Watercourse Protection Bylaw
-8-
provisions to protect downstream properties. Detention facilities with large storage
volumes and very small release rates will be needed as a minimum.
3. Fire fighting water supply for the total school site will be provided by rezoning
application RZ/087/08.
4. Existing buildings on the site are to be removed.
5. At the rezoning stage road dedication is required at the west side of 232 Street to
provide a wider right-of-way at the intersection of Silver Valley Road and to protect the
rock outcropping there.
6. Certain parts of the 137 Avenue road right-of-way are intended to be closed. These will
be dedicated as park for a linear park trail.
7. Any hazard trees and debris is to be removed from the park areas before dedication to
the District.
8. All services will be provided at the subdivision stage, including works on 232 Street,
231 Street, 137 Avenue and a future road west of 231 Street.
Parks & Leisure Services Department:
The Parks & Leisure Services Department have identified that after the subdivision is completed
they will be responsible for maintaining the street trees. In the case of this project it is estimated
that there will be an additional 102 trees which is based on one tree per lot; final subdivision design
will provide exact numbers. The Manager of Parks & Open Space has advised that the maintenance
requirement of $25.00 per new tree will increase their budget requirements by $2550.00.
Fire Department:
The Fire Department has reviewed the proposed townhouse development plans and notes that
there should be no dead end roads on the site and that temporary hammerheads should be
installed during the phased construction. Any townhouse site is to have 2 ways in and out.
f) School District Comments:
This project was referred to the School District, but no comments have been received.
g) I n te rgove rnmen ta I Issues:
Local Government Act:
An amendment to the Official Community Plan requires the local government to consult with any
affected parties and to adopt related bylaws in compliance with the procedures outlined in Section
882 of the Act. The amendment required for this application, to amend the land use designation
boundaries and remove a small portion of horse trail, is considered to be minor in nature. It has
been determined that no additional consultation beyond existing procedures is required, including
referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations,
the School District or agencies of the Federal and Provincial Governments.
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no impact.
-9-
CONCLUSION:
The development site is located within the Silver Valley Area Plan, almost completely within the
Blaney Hamlet, on the west side of 232 Street. The proposed development is consistent with the
Silver Valley Area Plan policies for residential development in the Official Community Plan and works
towards the desired community pattern within the Blaney Hamlet. The application requires an
amendment to the Official Community Plan to adjust the boundaries of the proposed land uses.
The lot geometry presented for the proposed multi -zoned development is aligned with the policies of
the Silver Valley Area Plan in that the design has achieved the provision for a variety of lot sizes and
housing types, provision of a school/park site, a tightly clustered residential development focused
around the school site, the dedication of a Neighbourhood Park playground, and the dedication of a
linear park for a trail between 231 and 232 Streets. Setbacks from the top -of -bank of the
watercourse have been established and also dedicated as conservation parkland.
A new zone, RST - SV (Street Townhouse - Silver Valley), is accompanying this application to permit
a street oriented fee -simple townhouse form of housing within the Silver Valley area. This is
proposed zone is for areas not designated for Eco -cluster developments and will encourage a
greater variation in housing form as envisioned within the Area Plan. A minor text amendment to the
density section of the RM -1 (Townhouse Residential) zone is also proposed.
It is recommended that first reading be given to Maple Ridge Official Community Plan Amending
Bylaw No. 6649 - 2009 and Maple Ridge Zone Amending Bylaw No. 6650 - 2009 and that
application RZ/110/08 be forwarded to Public Hearing.
Piepared by: Ann Edwards, CPT
Plan i g echnician
Cpproy:
Appr d
Concurrence: J
ring, CP, MCP
of Planning
MBA, I?. n
Work & D- elopment Services
L. (Jim) ' ule
hief Administrative Officer
c.
The following a pendices are attached hereto:
Appendix A - Subject Map
Appendix B - OCP Amending Bylaw 6649 - 2009
Appendix C - Zone Amending Bylaw 6650 - 2009
Appendix D - Proposed Subdivision
Appendix E - Proposed Townhouse Site Plan
Appendix F - Future Subdivision Plan
- 10 -
B
23
1532
24
25 26
27
261
4
APPENDIX A
A
139 AVE.
A
%STA FIL17GEDRIVE
0
39
10
B
41 42 43
P 10328
6
44
P 1!
GILBERT OR
55
tL
5
46 47 �48
49
13819
BCP 33856
62
SUBJECT PROPERTIES I
4
13751
13719
11. 13738
SILVER VALLEY
Rem 1
SK 6048
117 AVE
13673/91
13
BLAKE LOOP
136 AAVE.
8
13680
13670
7
13660
6
3650
5
13640 99
4
13630
3
13620 CI -
2
2 m
13610
RP 10274
3616
136 AVE
76
SCALE 1:3,000
City of Pitt
Meadows,]
i
1i
+35011iRJSTATION)
LOTS 34 - 58 & 62, BCP 33856 &
13719/51, 13819 232 STREET &
ROLL #73950-0101-1
District of
Langley
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Apr 9, 2009 FILE: RZ/110/08 BY: PC
APPENDIX B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6649 - 2009
A Bylaw to amend the Official Community Plan
WHEREAS Section 882 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed desirable to amend Section 10.3. Part IV - Silver Valley Area Plan,
Figures 2, 3A and 4 of the Official Community Plan;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open
meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 6649 - 2009".
2. Figures "2 and 3A" are hereby amended for those parcels or tracts of land and premises
outlined in heavy black line on Map No. 771, a copy of which is attached hereto and forms
part of this bylaw. Those parcels are hereby redesignated as shown.
3. Figure 4 is hereby amended for those parcels and tracts of land and premises outlined in
heavy black line on Map No. 776, a copy of which is attached hereto and forms part of this
bylaw. Those parcels are added and removed from Conservation and Neighbourhood Park
as shown.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the day of , A.D. 200 .
PUBLIC HEARING HELD the day of , A.D. 200 .
READ A SECOND TIME the day of , A.D. 200 .
READ A THIRD TIME the day of , A.D. 200 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
MAYOR
CORPORATE OFFICER
''N415
37
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1.08
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ti
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Bylaw No. 6649-2009
Map No. 771
From: Eco Clusters, Low Density Urban, Medium Density Residential, Civic
Med/High Density Residential, Neighbourhood Pork, Conservation
Conservation Medium/High Density Residential Neighbourhood Park
To:
r/A
Civic ;moi: Medium Density Residential
MAPLE RIDGE
Brilish Columbia
1:3000
!.1915
37
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4
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73757
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3
2.578 ho.
137 AVE
13573/91
SLAKE LOOP r
8
13580
136 A AVE.
VADLE
136700
7 m
13650 1
6
13550
5
13640
4
73600
3
P 38408
10
13653
A
RP 17234
6.030 ha.
l VV
2 w
RP 17267
TGE OFFICIAL COVV
Bylaw No. 6649-2009
Map No. 776
PUPOSE:
MAPLE RIDGE
British Columbia
I TY
DLA\
AV-\DI\G
To Remove From Neighbourhood Park
To Remove From Conservation
To Add to Neighbourhood Park
To Add to Conservation
1:3000
APPENDIX C
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6650-2009
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in
open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6650-2009".
2. That Part 2 Interpretation is amended by inserting the following definition in the appropriate
alphabetical location within the section:
STREET TOWNHOUSE RESIDENTIAL USE means a residential use consisting of one dwelling
unit vertically attached to one or more dwelling units (i.e. a duplex, triplex, or fourplex) with
each dwelling unit located on a lot abutting a street.
3. That PART 3 BASIC PROVISIONS is amended by inserting the following after Section 302,
ZONES (1):
RST- SV Street Townhouse - Silver Valley
4. That PART 6 RESIDENTIAL ZONES, SECTION 602 RM -1 TOWNHOUSE RESIDENTIAL (5)
DENSITY is amended and replaced by the following:
All buildings and structures shall not exceed a floor space ratio of 0.6 times the net lot area,
excluding a maximum of 50 m2 of habitable basement area.
5. That PART 6 RESIDENTIAL ZONES is amended by inserting the following after Section 601D
and renumbering subsequent sections accordingly:
601E RST -SV Street Townhouse - Silver Valley
Intent: The Street Townhouse Residential Zone is intended for use only within the areas of
Silver Valley not designated as Eco -Cluster.
1.0 Permitted Uses
Only the following uses shall be permitted in the RST -SV zone:
1. Street Townhouse Residential Use
2. Two Family Residential Use
3. Accessory Boarding Use
4. Accessory Home Occupation Use
5. Accessory Off Street Parking
6. Accessory Residential Use
2.0 Conditions of Use
1. A Street Townhouse residential use shall be permitted where no more than six street
townhouse residential units are attached and located on a lot abutting a public street.
2. Vehicular access for Tots backing on a Municipal lane will be restricted to the lane.
3. All required off-street parking areas must be fully enclosed within a garage structure.
4. No dwelling unit shall be located above any other dwelling unit.
3.0 Density
The maximum permitted gross floor area of a unit shall be 223 m2 (2400 ft2), specifically
excluding basement, garage, and accessory buildings.
4.0 Lot Coverage
The maximum permitted lot coverage shall be as follows:
Lot Type
Maximum Lot Coverage
Exterior Lot
55%
Interior Lot
65%
Exterior Lot on Street Corner
45%
Accessory Buildings & Structures:
The maximum lot coverage for accessory buildings and structures excluding detached garage
shall be 3%, which shall form part of the maximum lot coverage for the entire lot.
5.0 Height of a Building or Structure
The maximum height of a principal building shall be 3 storeys or 11 metres, whichever is
less.
The maximum height of any accessory building or structure shall be 4.6 metres.
6.0 Setbacks
All buildings and structures shall be sited in accordance with the following minimum
setbacks:
Building or Structure
Principle Building (no
lane access)
Garage (no lane
access)
Principle Building
(lane access)
Garage (lane access)
Accessory Building or
Structure
*Garage doors shall be recessed a minimum of 0.6m behind the main building facade.
Front
4m
* 5.5m
4m
N/A
Rear
6m
N/A
14m
Interior
Side
Om
Om
Om
N/A
1.5m
0.5m
1.2m
End Lot/
Exterior Side
1.2m
1.2m
1.2m
1.2m
Corner Lot/
Exterior Side
3m
3m
3m
1.2m
3m
1. Interior Side: 0 metre permitted where listed above, provided that the full length of the
interior side wall of the principle building and/or garage is adjoined to the full length of
the interior side wall of a neighbouring principle building and/or garage. Where a fee-
simple subdivision results in no common property ownership among the attached units,
the property line will run equally distant through the attached interior walls.
2. On a lot with rear lane access:
a) Each lot shall have useable rear yard private outdoor space with minimum
dimensions of 6.5m x 7.5m that is defined by fences and landscaping.
b) Accessory buildings larger than 5m2 are not permitted in the rear yard private
outdoor space.
c) A minimum 1.2 metre wide walkway must be maintained along the length of the
garage, into the rear laneway. This walkway does not make up any part of the private
outdoor space requirement.
3. All accessory buildings and structures must be located in the rear yard.
7.0 Minimum Lot Size
Lot Type
Minimum Lot
Area
Minimum Lot
Width
With Rear Lane:
Exterior Lot
Interior Lot
Exterior Lot on
Street Corner
Without Rear
Lane:
Exterior Lot
Interior Lot
Exterior Lot on
Street Corner
Minimum Lot
Depth
252m2
8.7m
217m2
304m2
235m2
202m2
283m2
7.5m
10.5m
8.7m
7.5m
10.5m
29m
29m
29m
27m
27m
27m
8.0 Parking Requirements
To be the same requirements listed in Schedule "A", under 1.0 b) for one and two family
residential use in the Maple Ridge Off Street Parking and Loading Bylaw No. 4350-1990.
9.0 Other Regulations
A Street Townhouse Residential use shall be permitted only if the site is serviced to the RT -1
zone standard, set out in the Maple Ridge Subdivision Servicing Bylaw No. 4800-1993.
6. That Schedule "D" Minimum Lot Area Dimensions is amended by inserting the following
under each heading:
Zone: RST -SV
Minimum Width: See Section 601E, Item 7.0 Minimum Lot Size
Minimum Area: See Section 601E, Item 7.0 Minimum Lot Size
7. Those parcels or tracts of land and premises known and described as:
Lots 34 — 58 and 62, Section 32, Township 12, NWD Plan BCP33856;
Lots 3 and 4, Section 32, Township 12, NWD Plan 17907; and
Parcel B of SE 1/4 Section 32, Township: 32, NWD Reference Plan RP6048.
and outlined in heavy black line are hereby rezoned as shown on Map No. 1451, a copy of
which is attached hereto and forms part of this bylaw.
8. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are
hereby amended accordingly.
READ a first time the day of , A.D. 2009.
PUBLIC HEARING held the day of , A.D. 2009.
READ a second time the day of , A.D. 2009.
READ a third time the day of , A.D. 2009.
RECONSIDERED AND FINALLY ADOPTED, the day of
, A.D. 2009.
PRESIDING OFFICIAL CORPORATE OFFICER
VA9L
RING
ZO\
V
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Bylaw No. 6650-2009
Map No. 1451
From: A-2(Upland Agricultural)
and CD-3-98(Comrehensive Development)
R-1 (Residential District) .RM-1(Townhouse Residential)
To-
R-3(Special Amenity Residential District) RST—SV(Street Townhouse
MAPLE RIDGE
British CoLum�ia
P-1 (Park and School)
—Silver Valley)
1:3000
L
APPENDIX D
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DEVELOPMENT DATA
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APPENDIX F
232nd STREET
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MAPLE RIDGE
9rltish COlamhia
Deep Roots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin DATE: April 6, 2009
and Members of Council FILE NO: RZ/003/09
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Official Community Plan Amending Bylaw No. 6660-2009 and
Maple Ridge Zone Amending Bylaw No. 6661-2009
10795, 10785, 10775, 10765, 10755, 10745, 10735, 10715, 10719,
10723, 10727, 10731, 10742, 10752, and 10762 Beecham Place
24846, 24856, 24866, 24876, 24886, 24896, 24906 108 Avenue
10793, 10783, 10773, 10763, 10753, 10733, 10737, 10741, 10745,
10749, 10776, and 10786 Erskine Street
EXECUTIVE SUMMARY:
An application has been received to amend the Official Community Plan to redesignate the subject
properties from Low/Medium Density Residential to Medium Density Residential to support rezoning
the subject properties from RS -1b (One Family Urban (Medium Density) Residential) to R-1
(Residential District). The Official Community Plan amendment and rezoning will support the
subdivision of 34 lots into 45 lots.
RECOMMENDATIONS:
1. That Maple Ridge Official Community Plan Amending Bylaw No. 6660-2009 be given first
reading and be forwarded to Public Hearing;
2. That in accordance with Section 879 of the Local Government Act opportunity for early and on
going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 6660-2009 on the municipal website and requiring that the applicant host a
Development Information Meeting, and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a public hearing on the bylaw;
3. That Maple Ridge Official Community Plan Amending Bylaw No. 6660-2009 be considered in
conjunction with the Capital Expenditure Plan and Waste Management Plan;
4. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6660-
2009 is consistent with the Capital Expenditure Plan and Waste Management Plan;
1104
5. That Zone Amending Bylaw No. 6661-2009 be given first reading and be forwarded to Public
Hearing; and
6. That the following terms and conditions be met prior to final reading.
1. Amendment to Schedule "B" of the Official Community Plan;
ii. Road dedication on 108th Avenue as required;
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Damax Consultants David Laird
No 265 Seabright Holdings Ltd
Legal Description: Lot: 43 - 76, Section: 11, Township: 12, Plan:
BCP33315
OCP:
Existing: Low/Medium Density Residential
Proposed: Medium/High Density Residential
Zoning:
Existing: RS -1b (One Family Urban (Medium Density)
Residential)
Proposed: R-1 (Residential District)
Surrounding Uses
North: Use: Residential
Zone: RS -3 (One Family Rural Residential) and RS -1b
(One Family Urban (Medium Density) Residential)
Designation: Institutional and Low/Medium Density Residential
South: Use: Residential and Park
Zone: A-2 (Upland Agricultural), RS -3 (One Family Rural
Residential), RS -2 (One Family Suburban
Residential), and R-1 (Residential District)
Designation: Suburban Residential, Conservation, Urban
Residential, Medium Density Residential
East: Use: Residential
Zone: A-2 and RS -3 (One Family Rural Residential)
Designation: Suburban Residential and Urban Residential
West: Use: Residential
Zone: RS -3 (One Family Rural Residential) and RS -1b
(One Family Urban (Medium Density) Residential)
Designation: Low/Medium Density Residential, Low Density
Residential, and Conservation
-2-
Existing Use of Property: Vacant Residential Lots
Proposed Use of Property: Residential
Site Area: Lot sizes range from 557 m2 to 641.8 m2
Access: 108 Avenue, Beecham Place, Erskine Street
Servicing: Full Urban
Companion Applications: SD/003/09
b) Project Description:
On November 4, 2006, First Reading was given to application RZ/015/06 to rezone parent parcels
24982 108 Avenue and 10706 248 Street from RS -3 (One Family Rural Residential) and A-2
(Upland Agriculture) to RS -1b (One Family Urban (Medium Density) Residential), R-1 (Residential
District), and RS -2 (One Family Suburban Residential). The application received Final Reading and
was adopted on October 9, 2007. The rezoning supported the subdivision of the parent parcels into
• 36 RS -1b (One Family Urban (Medium Density) Residential) zoned lots
• 41 R-1 (Residential District) zoned lots; and
• 2 RS -2 (One Family Suburban Residential) zoned lot.
This subdivision, under plan number BCP33315, was approved on October 10, 2007.
During the processing of RZ/015/06, the applicants chose not to utilize the Density Transfer
Policies available to them under the Official Community Plan (Bylaw No. 5434-1996). The applicant
is now requesting to apply the Density Transfer policies to support an Official Community Plan
amendment and rezoning application to facilitate the further subdivision of the properties into an
additional 11 lots (resulting in a total of 45 lots in the subdivision). The subdivision requires an
Official Community Plan amendment to redesignate Lots 43-76 from Low/Medium Density
Residential to Medium Density Residential, and an application to rezone these properties from RS -
1b (One Family Urban (Medium Density) Residential) to R-1 (Residential District). The remaining 2
RS -1b (One Family Urban (Medium Density) Residential) lots (lots 77 and 78) will not be rezoned
and do not form part of this application.
c) Planning Analysis:
Official Community Plan:
The subject properties are located within the Albion Area and are currently designated Low/Medium
Density Residential in the Albion Area Plan. Under this designation, the SRS (Special Urban
Residential), RS -1b (One Family Urban (Medium Density) Residential, and RT -1 (Two Family Urban
Residential) zones may be considered.
Section 10.2.2 of the Official Community Plan also provides for the transfer of density from the
"unbuildable" portion of a property (i.e. conservation) to the "buildable" portion of a site. Property
owners wishing to rezone their properties may be able to get credit for the conservation dedication
and this credit is then transferred in the form of density, to the buildable portion of the site. The
credit or density transfer is set at a maximum of 2.5 units per net hectare.
-3-
As mentioned earlier in this report, the applicant did not request the density transfer as a
component of the 2006 rezoning application of the site (RZ/015/06), and is now proposing to apply
the density transfer to provide for the development of 11 additional lots. Under the previous
rezoning application RZ/015/06, the applicant dedicated a total of 7.85 ha (19.39 acres) of park
land, 3.22 ha of which is located within the Urban Area Boundary (7.95 acres). In considering the
maximum permitted density that could have been assigned to the original development of the site,
the density was calculated to be 99 lots. In 2006, the parent parcel was subdivided into 79 lots, 77
of which are located within the Urban Area Boundary. Although the calculations suggest that the
portion of the site located within the Albion Area has the potential to add 21 more lots, the applicant
is proposing 11 additional lots.
Policy 10-7 of the Albion Area Plan requires that "The resulting densities, form and character should
be compatible with the surrounding neighbourhood." The proposal is considered compatible with
the surrounding neighbourhood because the proposed R-1 (Residential District) zone offers a good
transition from the RS -1b (One Family Urban (Medium Density) Residential) zoned lots to the north
and the R-1 (Residential District) zoned lots located to the south.
It is also noted that the Zoning Matrix in the Albion Area Plan states that zones not specifically
assigned to a Land Use designation may be utilized where a density transfer has been applied.
As a result of the above information, the proposed use of the R-1 (Residential District) zone is
supportable. While the Density Tranfer policies and Zoning Matrix support the use of the R-1
(Residential District) zone, an Official Community Plan Amendment from Residential Low -Medium
Density to Medium Density Residential is recommended to ensure that the proposed use is
consistent with the Plan.
Zoning Bylaw:
The proposed 45 lot subdivision layout is compatible with the surrounding area and complies with
the minimum lot width, lot depth, and lot area requirements of the proposed R-1 (Residential
District).
Development Information Meeting:
A Development Information Meeting was held on March 12, 2009 between 5:00 pm and 7:00 pm.
Notice of the meeting was mailed out to all residents and owners within 50 metres of the subject
properties. Notice of the meeting was published in the local newspaper on March 6, 2009 and
March 10, 2009. The meeting was facilitated by the developers. A total of two members from the
community attended the meeting. Comment sheets were made available at the meeting; however,
only one comment sheet was received. The concern raised was in regards to the road dust and the
impact on health.
-4-
Engineering Department:
The Engineering Department has reviewed the application and has provided the following
comments:
a. These lots were created by a recent subdivision, SD/087/06. Subdivision
SD/087/06 was preceded by rezoning RZ/015/06. All main services in support of
the proposed rezoning and resubdivision have been provided by RZ/015/06 and
SD/087/06.
b. There will be some costs applicable to subdivision SD/003/09 due to the changed
lot geometry.
c. The driveway distances from intersection corners for Lot 1, 16, 22, 30, 42, and 45
must meet the 7.5 metres requirements of the Zoning Bylaw.
The applicant has ensured that the driveway locations are at least 7.5 metres from the intersection
corners.
Parks & Leisure Services Department:
The Parks & Leisure Services Department have identified that after the subdivision is completed,
they will be responsible for maintaining the street trees. In the case of this project it is estimated
that there will be 45 additional trees, which is based on one tree per lot; final subdivision design will
provide exact numbers. The Manager of Parks & Open Space has advised that the maintenance
requirement of $25.00 per new tree will increase their budget requirements by $1,125.00.
d) School District Comments:
A referral has been sent to the School District for comments. Any comments from the School District
will be provided prior to the Public Hearing.
e) Intergovernmental Issues:
Local Government Act:
An amendment to the Official Community Plan requires the local government to consult with any
affected parties and to adopt related bylaws in compliance with the procedures outlined in Section
882 of the Act. The amendment required for this application redesignates the subject properties
from Low/Medium Density Residential to Medium Density Residential, and is considered to be minor
in nature. It has been determined that no additional consultation beyond existing procedures is
required, including referrals to the Board of the Regional District, the Council of an adjacent
municipality, First Nations, the School District or agencies of the Federal and Provincial
Governments.
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no impact.
-5-
f) Environmental Implications:
A Watercourse Protection Development Permit was issued under Development Permit application
DP/087/06. The District is holding a $32,000.00 security for enhancement and restoration work
and the applicant has made the necessary park dedication to ensure watercourse protection;
therefore, the applicant will not be required to apply for another Watercourse Protection
Development Permit. All requirements and recommendations as outlined in Development Permit
DP/087/06 apply to this proposal.
CONCLUSION:
In consideration of the park dedication provided by RZ/015/06 and the proposal's compliance with
the Density Transfer policies outlined in the Albion Area Plan in the Official Community Plan, it is
recommended that First Reading be given to Maple Ridge Official Community Plan Amending Bylaw
No. 6660-2009 and Maple Ridge Zone Amending Bylaw No. 6661-2009 and that application
RZ/003/09 be forwarded to Public Hearing.
Prepared by: Adiha Leung'
Plannin • Technician
App Gsed by: .. - P erin,, MCP, MCIP
ctor of Planning
Appr �d . Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
r
-)
Concurr nce: J. L. (Jim) Rule
Chief Administrative Officer
AL/dp
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - OCP Amending Bylaw 6660-2009
Appendix C - Zone Amending Bylaw 6661-2009
Appendix D - Proposed subdivision layout
-6-
1006c
P 19819
10901
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19
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SUBJECT PROPERTIES
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sit Colmhia PLANNING DEPARTMENT
FRASER 14
LOTS 43 - 76, BCP33315
MAPLE RIDGE
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
DATE: Jan 27, 2009 FILE: RZ/003/09 BY: PC
Append; k 8
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6660-2009.
A Bylaw to amend the Official Community Plan
WHEREAS Section 882 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed desirable to amend Albion Area Plan to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open
meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 6660-2009."
2. That parcel or tract of land and premises known and described as:
Lot 43 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 44 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 45 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 46 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 47 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 48 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 49 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 50 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 51 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 52 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 53 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 54 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 55 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 56 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 57 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 58 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 59 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 60 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 61 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 62 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 63 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 64 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 65 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 66 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 67 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 68 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 69 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 70 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 71 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 72 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 73 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 74 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 75 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 76 Section 11 Township 12 Plan BCP33315 New Westminster District
and outlined in heavy black line on Map No. 774, a copy of which is attached hereto and
forms part of this Bylaw, is hereby redesignated to Med/High Density Residential.
3. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the day of , A.D. 200 .
PUBLIC HEARING HELD the day of , A.D. 200 .
READ A SECOND TIME the day of , A.D. 200 .
READ A THIRD TIME the day of , A.D. 200 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
MAYOR CORPORATE OFFICER
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RIDG= OFFICIAL COVV,.\
No. 6660-2009
No.. 774
Low/Medium Density Residential
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MAPLE RIDGE
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APP
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CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6661-2009
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6661-2009."
2. Those parcels or tracts of land and premises known and described as:
Lot 43 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 44 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 45 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 46 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 47 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 48 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 49 Section 11 Township 12 Pian BCP33315 New Westminster District
Lot 50 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 51 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 52 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 53 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 54 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 55 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 56 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 57 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 58 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 59 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 60 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 61 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 62 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 63 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 64 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 65 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 66 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 67 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 68 Section 11 Township 12 Pian BCP33315 New Westminster District
Lot 69 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 70 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 71 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 72 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 73 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 74 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 75 Section 11 Township 12 Plan BCP33315 New Westminster District
Lot 76 Section 11 Township 12 Plan BCP33315 New Westminster District
and outlined in heavy black line on Map No.1454 a copy of which is attached hereto
and forms part of this Bylaw, are hereby rezoned to R-1 (Residential District)
3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 200 .
PUBLIC HEARING held the day of , A.D. 200 .
READ a second time the day of , A.D. 200 .
READ a third time the day of , A.D. 200 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
PRESIDING MEMBER CORPORATE OFFICER
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To:
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No. 6661-2009
No. 1454
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MAPLE RIDGE
Br Ilish Columbia
Deep Roots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin DATE: April 14, 2009
and Members of Council FILE NO: RZ/005/09
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Zone Amending Bylaw No. 6647-2009
EXECUTIVE SUMMARY:
The purpose of this report is to propose amendments to Zoning Bylaw #3510-1985 that are of a
minor and housekeeping nature. In addition, a number of development applications currently being
considered by the District would benefit from some of the proposed amendments and have been
the subject of ongoing discussions with the development community.
RECOMMENDATION:
That Bylaw No. 6647-2009 be given first reading and be forwarded to Public Hearing.
PROJECT DESCRIPTION:
A Zoning Bylaw is one of the District's key regulatory tools for guiding and managing land use. From
time to time house keeping amendments are required to ensure consistency with planning policy
and to accommodate emerging development and land use trends. Amendments are often
introduced through development applications; however, comprehensive house keeping
amendments are best implemented by the District and are an integral part of maintaining this
important bylaw.
The current Zoning Bylaw will be the subject of a review to be initiated this year; however, in the
meantime, periodic amendments can keep the bylaw relevant, accurate and easy to use. This
report introduces changes that are minor in nature but important in improving the Zoning Bylaw
incrementally. Theproposed changes will improve the bylaws ease of use, correct reference,
eliminate redundancy, add new definitions, simplify wording and clarify sections and requirements.
Such changes are directed at development processing and are meant to adjust requirements that
are outdated or redundant.
PLANNING ANALYSIS:
The following amendments (See Appendix I for Amending Bylaw Text) are recommended for
clarification and updating of the various sections of Maple Ridge Zoning Bylaw # 3510-1985:
1) PART 2 INTERPRETATION is proposed to be amended by the addition and revision of the
following definitions:
BASEMENT- means a storey which has the finished floor elevation greater than 0.3 metres
below the average finished grade of the lot.
1105
This is an improved definition applicable to all residential uses, not only single family or a two family
residential zone as mentioned in the current definition.
BODY RUB STUDIO - means a business where the manipulating, touching or stimulating by
any means, of a person's body or part thereof, is performed, offered, or solicited. This does
not include a business where a person duly licensed or registered under any statute of the
Province of British Columbia governing such activities gives medical, therapeutic or cosmetic
massage treatment. This also does not include a business where a person providing
massage treatment has received a certificate, diploma or degree from a university governed
under the University Act; a college governed under the College and Institute Act; or an
accredited career training institute governed under the Private Career Training Institutions
Act, that reflects significant training in the giving of medical, therapeutic or cosmetic
massage treatment.
The Licenses, Permits and Bylaws Department has requested an amendment to the definition of
Body Rub Studio to further exclude medical, therapeutic, or cosmetic massage that is given by a
person who has received training from an accredited institution. Currently, the definition only
excludes massage treatment that is performed by a Registered Massage Therapist, and all other
forms of massage fall under the Body Rub category. Unfortunately, the Body Rub classification is
often viewed as derogatory by some, and does require a very hefty business license fee ($3000
compared to Massage Therapist at $110). The amendment to the definition is intended to
acknowledge that there are accredited programs that are offering diplomas in spa therapy and
relaxation massage, and this service is not clearly acknowledged in our Zoning Bylaw. This Bylaw
amendment will be followed by an amendment to the Business Licensing Bylaw, which is being
prepared by Business Licensing staff.
FLOOR SPACE RATIO- means a ratio that is obtained by dividing the total gross floor area of
all the buildings on the lot by the total net lot area except any areas used for parking
purposes unless such parking is the principle use.
Although floor space ratio has always been calculated on the "net" lot area, currently the floor space
ratio definition is missing the word "net". This amendment will clarify that the floor space ratio is
calculated on the net lot area (gross lot area minus any park and road dedications required for a
development site).
MINIMUM LOT SIZE- means the smallest area into which a parcel may be subdivided;
This term although used commonly is not defined in the Zoning Bylaw currently; therefore, the above
definition should be added.
PARENT PARCEL- means the original parcel of land that was or is proposed to be the subject
of a plan of subdivision;
This term although used commonly is not defined in the Zoning Bylaw currently; therefore, the above
definition should be added.
-2-
REMAINDER LOT- is the remainder area of a parent parcel that is being subdivided into one
or more Tots.
This term although used commonly is not defined in the Zoning Bylaw currently; therefore, the above
definition should be added.
RESIDENTIAL FLOOR AREA- means the total of the gross horizontal area of each floor of a
building for residential use as measured from the outermost perimeter of the building; but
excludes for the purpose of a one -family residential , two-family residential dwelling or
accessory building, any portion of a floor used for parking purposes;
Currently the C-3 zone (Town Centre Commercial) under Section 703 (7) SIZE OF BUILDINGS AND
STRUCTURES uses residential floor area to define the maximum residential density permitted.
However the definition for residential floor area is missing from the Zoning Bylaw and should be
added.
SETBACK- means the horizontal distance from the designated lot boundary and the building
or structure on the lot.
This term although used commonly is not defined in the Zoning Bylaw currently; therefore, the above
definition should be added.
WAREHOUSE- means premises used for keeping or storing goods, to which the general
public does not have access, and which may include facilities for distribution of Commercial
or Industrial goods.
This term although used commonly is not defined in the zoning bylaw currently; therefore, the above
definition should be added.
2) PART 3 BASIC PROVISIONS, SECTION 302 ZONES (1) ZONE DESIGNATION be amended for
clarification as follows:
A-5 Agricultural Only Zone
C-4 Neighbourhood Pub Zone
M-3 Business Park Zone
M-5 High Impact Industrial
P -4a Place of Worship & Educational District
This amendment is recommended for consistency and to remove existing typing errors in the Zoning
Bylaw.
3) PART 4 GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED USES OF
LAND, BUILDINGS & STRUCTURES, 8(f), 9(d), 10(f), 11(h) be amended by replacing the term
"Simon Fraser Health Unit" with "the applicable Health Authority".
-3-
4) PART 4 GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED USES OF
LAND, BUILDINGS & STRUCTURES, 6(a) be amended to correct an error in the text by
replacing the clause "any parcel of land equal to or not less than 0.8 hectares " with the
clause, "any parcel of land equal to or less than 0.8 hectares".
5) PART 4 GENERAL REGULATIONS, SECTION 403 REGULATIONS FOR THE SIZE, SHAPE AND
SITING OF BUILDINGS & STRUCTURES, 4(b) be amended by inserting "stairs/staircase wells"
into the existing section after the word "canopies".
6) PART 4 GENERAL REGULATIONS, SECTION 403 REGULATIONS FOR THE SIZE, SHAPE AND
SITING OF BUILDINGS & STRUCTURES, 4(c) be amended by replacing the words "finished
ground" with the defined term "finished grade" as follows: c) An underground structure may
be sited in any portion of a lot provided that the top surface of such structure shall at no
point extend above the average finished grade elevation.
7) PART 4 GENERAL REGULATIONS, SECTION 403 REGULATIONS FOR THE SIZE, SHAPE AND
SITING OF BUILDINGS & STRUCTURES, (6) HEIGHT EXCEPTIONS be amended by removing
"retaining walls" from the list of height exempt structures as the bylaw does regulate the
height of retaining walls in other sections.
8) PART 6 RESIDENTIAL ZONES, SECTION 601 C (3) be amended by removing the reference to
RT -1 zone.
9) PART 6 RESIDENTIAL ZONES, SECTIONS 601 C (3) (c) (i), (4) (c) (i), (6) (c) (ii), (9) (c) (i), and
11 (c) (ii), be amended by deleting the term "B.C. Hydro".
10) PART 6 RESIDENTIAL ZONES, SECTION 601C (15) (d) (i) be amended by inserting for
consistency with other sections the clause: 9 metres from the front lot line and 9 metres
from the rear lot line provided that where a high pressure gas right-of-way is located within
any portion of the required setback area from a rear lot line, the setback shall be not less
than 5 metres from the right-of-way for all lots created after October 31, 1986.
11) PART 6 RESIDENTIAL ZONES, SECTION 601C R-3 SPECIAL AMENITY RESIDENTIAL DISTRICT,
E "YARD REQUIREMENTS", (a) (2) be amended for consistency to other bylaw sections as
follows: "2. For lots with no rear lane shall be sited not less than: a) 3.0 metres from the
front lot line except that the distance to the garage shall not be less than 5.5 metres; b) 6.0
metres from the rear lot line; c) 1.2 metres from the interior lot line; d) 2.0 metres from the
exterior lot line".
12) PART 6 RESIDENTIAL ZONES, SECTION 601C R-3 SPECIAL AMENITY RESIDENTIAL DISTRICT,
E (b) is amended by adding "and Accessory Off -Street Parking Use" after Accessory
Residential Use.
13) PART 6 RESIDENTIAL ZONES, SECTIONS 603 RM -4 TOWNHOUSE RESIDENTIAL DISTRICT
6(b); RM -2 MEDIUM DENSITY APARTMENT RESIDENTIAL 6(b); and RM -3 HIGH DENSITY
APARTMENT RESIDENTIAL 6(b) be amended by replacing "Clause a" for the term "Clause 1".
-4-
14) PART 6 RESIDENTIAL ZONES, SECTION 602 RM -1 TOWNHOUSE RESIDENTIAL (5) DENSITY be
amended as: 5) All buildings and structures shall not exceed a floor space ratio of 0.6 times
the net lot area, excluding a maximum of 50 m2 of habitable basement area.
It has been noted that applicants have had difficulties in finishing areas of the basements in
the proposed townhouses. A small increase in the density (i.e. 0.6 times the net lot area) of
the RM -1 zone (Townhouse Residential) would allow for applicants to professionally finish
areas of the basement which are currently left unfinished. All finished square footage
currently counts towards the total maximum density permitted on site which is onerous
when applied to a basement finish. The permitted maximum density of 0.6 times the net lot
area is a fairly common townhome density. Some jurisdictions include basement floor areas
and others do not depending on the situation. The current standard density of 0.6 times the
net lot area is appropriate but some finished basement area could be easily accommodated.
Often unfinished areas in the basement are Left for completion by the homeowner
themselves after purchasing the house. Allowing some finished basement area would
alleviate this situation and provide the development community greater project flexibility.
15) PART 7 COMMERCIAL ZONES, SECTION 703 TOWN CENTRE COMMERCIAL C-3 (7) SIZE OF
BUILDINGS OR STRUCTURES, be amended by excluding the following density calculations for
common areas listed below from the total permitted residential density.
c) The residential floor area calculations shall not include the following for computing
maximum permitted residential density:
(i) Any portion of a basement or cellar or other common area containing heating,
laundry, recreational or storage facilities;
(ii) Amenity areas, swimming pools and open sundecks;
(iii) Any portion of a storey used for mechanical or electrical service room;
(iv) Balconies;
(v) Common stairwells and common corridors. "
The Town Centre Commercial Zone (C-3) is a mixed use residential -commercial zone. Apartments
are permitted above the first floor but unlike the Medium Density Apartment residential Zone (RM -
2), the C-3 zone does not exclude common facility area (stairwells, corridors, basement areas,
mechanical rooms, balconies, decks, etc) from the density calculation. This results in a hardship for
mixed use buildings as valuable density is consumed in non-critical areas. The proposed
amendment will duplicate the exclusion items in the RM -2, RM -3, RM -5 and RM -6 zones for the C-3
zone and create consistency in housing form. This should assist in Council's efforts to encourage
higher residential density within the central business district.
16) PART 8 INDUSTRIAL ZONES, SECTION 802 GENERAL INDUSTRIAL M-2 2(f) and 8(d) be
amended by replacing the clause "accessory residential use" with the clause "accessory
one -family residential use" throughout the various clauses of this section.
-5-
17) PART 9 INSTITUTIONAL ZONES, SECTION 901 PERMITTED USES OF LAND, BUILDINGS AND
STRUCTURES IN INSTITUTIONAL ZONES under Permitted Use: "School and Park" proposed to
be amended as "Park and School";
18) A previous zoning bylaw amendment created a 30 metre minimum lot width requirement for
the General Industrial (M-2) zone but the bylaws corresponding Schedule D was not
updated. This proposed amendment will correct this oversight. Therefore it is
recommended that:
SCHEDULE D- MINIMUM LOT AREA AND DIMENSIONS is amended as:
Minimum width
Minimum Depth Minimum Area
M-2 30 m 50 m 2000 m2
FINANCIAL IMPLICATIONS:
There are no financial implications due to the proposed house -keeping text amendments of the
Maple Ridge Zoning Bylaw # 3510-1985.
CONCLUSION:
The proposed house -keeping text amendments of the Maple Ridge Zoning Bylaw # 3510-1985 have
been identified through the processing of several development files and compiled to be amended
for clarity of interpretation. These amendments are part of a continuing effort to maintain and
update the existing Zoning Bylaw as well as responding to emerging development issues.
fk
Prepared by: Rasika Adharya, B -Arch, M -Tech, UD (SFU)
Plan r es(l�II
P, MCIP
irect•r of Planning
ApProv, ��by[: Frank ;>Ts nn, MBA. P.
GM: ublic ]Warks
Concurrence: J. L.
Chi
RA/dp
im) Rule
Administrative Officer
opment Services
Appendix A - Bylaw No. 6647-2009
Appendix B - Lands Zoned RM -1 Map
Appendix C - Lands Zoned C-3 Map
-6-
Pt rfI x _A
Corporation of the District Of Maple Ridge
Bylaw No.6647-2009
A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in
open meeting assembled, ENACTS AS FOLLOWS:
This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No.6647-2009"
Scope:
a. This Bylaw recommends smaller house -keeping amendments to the current Zoning Bylaw in
various sections, intended to correct existing errors and for clarification of interpretation.
b. , Maple Ridge Zoning Bylaw No. 3510 -1985 as amended is hereby amended accordingly:
1) PART 2 INTERPRETATION, is amended by addition of the following definitions in the correct
alphabetical order:
BASEMENT- means a storey which has the finished floor elevation greater than 0.3 metres below
the average finished grade of the lot.
BODY RUB STUDIO - means a business where the manipulating, touching or stimulating by any
means, of a person's body or part thereof, is performed, offered, or solicited. This does not
include a business where a person duly licensed or registered under any statute of the Province
of British Columbia governing such activities gives medical, therapeutic or cosmetic massage
treatment. This also does not include a business where a person providing massage treatment
has received a certificate, diploma or degree from a university governed under the University Act;
a college governed under the College and Institute Act; or an accredited career training institute
governed under the Private Career Training Institutions Act, that reflects significant training in the
giving of medical, therapeutic or cosmetic massage treatment.
FLOOR SPACE RATIO - means a ratio that is obtained by dividing the total gross floor area of all
the buildings on the lot by the total net lot area except any areas used for parking purposes
unless such parking is the principle use.
MINIMUM LOT SIZE- means the smallest area into which a parcel may be subdivided.
PARENT PARCEL- means the original parcel of land that was or is proposed to be the subject of a
plan of subdivision.
REMAINDER LOT - is the remainder area of a parent parcel that is being subdivided into one or
more lots.
RESIDENTIAL FLOOR AREA - means the total of the gross horizontal area of each floor of a
building for residential use as measured from the outermost perimeter of the building; but
excludes for the purpose of a one -family residential , two-family residential dwelling or accessory
building, any portion of a floor used for parking purposes.
SETBACK - means the horizontal distance from the designated lot boundary and the building or
structure on the lot.
WAREHOUSE - means premises used for keeping or storing goods, to which the general public
does not have access, and which may include facilities for distribution of Commercial or
Industrial goods.
2) PART 3 BASIC PROVISIONS, SECTION 302 ZONES (1) ZONE DESIGNATION be amended for
clarification as follows:
A-5
C-4
M-3
M-5
P -4a
Agricultural only Zone
Neighborhood Pub Zone
Business Park Zone
High Impact Industrial
Place of Worship & Educational District
3) PART 4 GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED USES OF LAND.
BUILDINGS & STRUCTURES, 8(f), 9(d), 10(f), 11(h) is amended by replacing it with the following:
will require proof of notification to the applicable Health Authority or to the appropriate authority
if located on a lot which is not serviced by municipal sewer;
4) PART 4 GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED USES OF LAND,
BUILDINGS & STRUCTURES, 6 (a) is amended to correct error and replaced by the following:
Only one commercial vehicles, not to exceed 3630 kg G.V.W. may be parked on any parcel of
land equal to or less than 0.8 hectares provided that the owner or occupier of such land shall
hold a valid trade license issued by the Corporation of the District of Maple Ridge for a business
in which the subject commercial vehicle is used;
5) PART 4 GENERAL REGULATIONS, SECTION 403 REGULATIONS FOR THE SIZE, SHAPE AND SITING
OF BUILDINGS & STRUCTURES, 4(b) is amended and replaced by the following:
Where masonry chimneys, chimney enclosures, eaves, sunlight control projections, canopies,
stairs/staircase wells, porches or unenclosed balconies project beyond the buildings face, the
minimum setback:
6) PART 4 GENERAL REGULATIONS, SECTION 403 REGULATIONS FOR THE SIZE, SHAPE AND SITING
OF BUILDINGS & STRUCTURES; 4(c) is amended and replaced by the following:
An underground structure may be sited in any portion of a lot provided that the top surface of
such structure shall at no point extend above the average finished grade elevation.
7) PART 4 GENERAL REGULATIONS, SECTION 403 REGULATIONS FOR THE SIZE, SHAPE AND SITING
OF BUILDINGS & STRUCTURES, (6) HEIGHT EXCEPTIONS, is amended and replaced by the
following:
The heights of buildings and structures permitted elsewhere in this Bylaw may be exceeded for
industrial cranes, grain elevators, silos and windmills, towers, tanks and bunkers; radio and
television antennas; place of worship spires, belfry and domes; monuments, chimney and smoke
-2-
stacks, flag poles, drive-in theatre screens, stadium bleachers, lighting poles, apartment elevator
shafts, stair towers and scenery lofts.
8) PART 6 RESIDENTIAL ZONES, SECTION 601 C (3) is amended and replaced by the following:
Buildings and Structures for One family Residential Use in the RS -1, RS -la, RS -2, RS -3 and SRS
zones;
9) PART 6 RESIDENTIAL ZONES, SECTION 601 C (3) (c) (i) is amended and replaced by the
following:
7.5 metres from the front and rear lot lines provided that where a Terasen high pressure gas
right-of-way is located within any portion of the required setback area from a rear lot line, the
setback shall be not less than 5 metres from the right-of-way for all lots created after October 31,
1986;
10) PART 6 RESIDENTIAL ZONES, SECTION 601 C (4) (c) (i) is amended and replaced by the
following:
7.5 metres from the front and rear lot lines provided that where a Terasen high pressure gas
right-of-way is located within any portion of the required setback area from a rear lot line, the
setback shall be not less than 5 metres from the right-of-way for all lots created after October 31,
1986;
11) PART 6 RESIDENTIAL ZONES, SECTION 601 C (6) (c) (ii) is amended and replaced by the
following:
9 metres from rear lot line provided that where a Terasen high pressure gas right-of-way is
located within any portion of the required setback area from a rear lot line, the setback shall be
not less than 5 metres from the right-of-way for all lots created after October 31, 1986;
12) PART 6 RESIDENTIAL ZONES, SECTION 601 C (9) (c) (i) is amended and replaced by the
following:
6 metres from the front and rear lot lines provided that where a Terasen high pressure gas right-
of-way is located within any portion of the required setback area from a rear lot line, the setback
shall be not less than 5 metres from the right-of-way for all lots created after October 31, 1986;
13) PART 6 RESIDENTIAL ZONES, SECTION 601 C (11) (c) (ii) is amended and replaced by the
following:
8 metres from the rear lot line provided that where a Terasen high pressure gas right-of-way is
located within any portion of the required setback area from a rear lot line, the setback shall be
not less than 5 metres from the right-of-way for all lots created after October 31, 1986;
14) PART 6 RESIDENTIAL ZONES, SECTION 601 C (15) (d) (i) is amended and replaced by the
following:
9 metres from the front lot line and 9 metres from the rear lot line provided that where a Terasen
high pressure gas right-of-way is located within any portion of the required setback area from a
rear lot line, the setback shall be not less than 5 metres from the right-of-way for all lots created
after October 31, 1986;
-3-
15) PART 6 RESIDENTIAL ZONES, SECTION 601C R-3 SPECIAL AMENITY RESIDENTIAL DISTRICT, E a)
2. is amended by adding c) and d) and replaced by the following:
For lots with no rear lane shall be sited no further than: a) 3.0 metres from the front lot line
except that the distance to the garage shall not be less than 5.5 metres; b) 6.0 metres from the
rear lot line; c) 1.2 metres from the interior lot line; d) 2.0 metres from the exterior lot line.
16) PART 6 RESIDENTIAL ZONES, SECTION 6010 R-3 SPECIAL AMENITY RESIDENTIAL DISTRICT, E b)
is amended and replaced by the following:
Buildings and Structures for Accessory Residential Use and Accessory Off -Street Parking Use
shall be sited not less than:
17) PART 6 RESIDENTIAL ZONES, SECTION 603 RM -4 TOWNHOUSE RESIDENTIAL DISTRICT 6(b) is
amended and replaced by the following:
Notwithstanding Clause "a" of this subsection, a structure, all of which is 0.8 metre or less above
the average finished grade of the lot and which is landscaped and integrated to become a usable
part of the yard area may be sited not less than: (i) 1.5 metres from a rear and interior side lot
line; (ii) 3 metres from a front and exterior side lot line.
18) PART 6 RESIDENTIAL ZONES, SECTION 604 RM -2 MEDIUM DENSITY APARTMENT RESIDENTIAL
6(b) is amended and replaced by the following:
Notwithstanding Clause "a" of this subsection, a structure, all of which is 0.8 metre or less above
the average finished grade of the lot and which is landscaped and integrated to become a usable
part of the yard area may be sited not less than: (i) 1.5 metres from a rear and interior side lot
line; (ii) 3 metres from a front and exterior side lot line.
19) PART 6 RESIDENTIAL ZONES, SECTION 605 RM -3 HIGH DENSITY APARTMENT RESIDENTIAL 6(b)
is amended and replaced by the following:
Notwithstanding Clause "a" of this subsection, a structure, all of which is 0.8 metre or less above
the average finished grade of the lot and which is landscaped and integrated to become a usable
part of the yard area may be sited not less than: (i) 1.5 metres from a rear and interior side lot
line; (ii) 3 metres from a front and exterior side lot line.
20) PART 6 RESIDENTIAL ZONES, SECTION 602 RM -1 TOWNHOUSE RESIDENTIAL 5. DENSITY is
amended and replaced by the following:
All buildings and structures shall not exceed a floor space ratio of 0.6 times the net lot area,
excluding a maximum of 50 m2 of habitable basement area.
21) PART 7 COMMERCIAL ZONES, SECTION 703 TOWN CENTRE COMMERCIAL: C-3 (7) SIZE OF
BUILDINGS OR STRUCTURES, is amended by the addition of the following as c) under 7):
c) The residential floor area calculations shall not include the following for computing maximum
permitted residential density: (i) Any portion of a basement or cellar or other common area
containing heating, laundry, recreational or storage facilities; (ii) Amenity areas, swimming pools
and open sundecks; (iii) Any portion of a storey used for mechanical or electrical service room;
(iv) Balconies; (v) Common stairwells and common corridors.
-4-
22) PART 8 INDUSTRIAL ZONES, SECTION 802 GENERAL INDUSTRIAL M-2 2(f) is amended and
replaced by the following:
f) accessory one family residential use.
23) PART 8 INDUSTRIAL ZONES, SECTION 802 GENERAL INDUSTRIAL M-2 8(d) is amended and
replaced by the following:
d) An accessory one family residential use in the M-2 zone will be subject to the following: i) One
accessory one family residential use permitted per M-2 zone; ii) the accessory one family
residential use must be accessory to the industrial use; iii) if located inside the building for
industrial use, it must be completely separated with it's separate entrance; iv) the maximum size
of the accessory one family residential use must not exceed 400 m2 and this area must not
interfere with the industrial use; v) minimum lot size to permit an accessory one family
residential use in the M-2 zone is 0.4 hectares; vi) the accessory one family residential use must
be subject to all health regulations regarding septic and water approval.
24) PART 9 INSTIUTIONAL ZONES, SECTION 901 PERMITTED USES OF LAND, BUILDINGS AND
STRUCTURES 1N INSTITUTIONAL ZONES is amended and replaced by the following under
PERMITTED USE:
Park and School;
25) SCHEDULE D - MINIMUM LOT AREA AND DIMENSIONS is amended and replaced by the following:
Minimum width
Minimum Depth Minimum Area
M-2 30 m
50 m 2000 m2
Maple Ridge Zoning By-law No. 3510-1985 as amended is hereby amended accordingly.
READ a first time the day of , A.D. 2009.
PUBLIC HEARING held the day of , A.D. 2009.
READ a second time the day of , A.D. 2009.
READ a third time the day of , A.D. 2009.
RECONSIDERED AND FINALLY ADOPTED, the day of A.D. 2009.
PRESIDING MEMBER CORPORATE OFFICER
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C. ALE1.1198
AVi 1X,.
British Columbia
Deep Roots
Greater Heights
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin DATE: April 9, 2009
and Members of Council FILE NO: E08-015-1003.2
FROM: Chief Administrative Officer E01-052-001
ATTN: C of W
SUBJECT: Excess Capacity/Extended Services Agreement LC 134/09
EXECUTIVE SUMMARY:
A developer has subdivided land at 232 Street and Anderson Creek Drive.
Part of the subdivision servicing is considered to be excess or extended servicing in accordance with
the Local Government Act. The extended servicing benefits adjacent properties. Latecomer
Agreement LC 134/09 provides the municipality's assessment of the attribution of the costs of the
excess or extended servicing to the benefiting lands.
RECOMMENDATION:
That with respect to the subdivision of lands involved in subdivision SD 05/06 located at
232 Street and Anderson Creek Drive, be it resolved:
1. That the cost to provide the excess or extended services are, in whole or in part, excessive
to the municipality and that the cost to provide these services shall be paid by the owners
of the land being subdivided, and
2. That Latecomer Charges be imposed for such excess or extended services on the parcels
and in the amounts as set out in the staff report dated April 9, 2009; and further
3. That the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer
Agreement LC 134/09 with the subdivider of the said lands.
DISCUSSION:
a) Background Context:
The attached map identifies the lands which are involved in the subdivision and those which will
benefit from the excess or extended services. The cost breakdown for each excess or extended
service is shown on attached Schedule A.
1106
In addition, a copy of Excess Capacity Latecomer Agreement LC 134/09 is also attached for
information purposes.
b) Strategic Alignment:
Administration of excess or extended services legislation complies with the Smart Managed Growth
element of the Corporate Strategic Plan. The administration procedure supports the requirement for
a developer to construct municipal infrastructure in support of land development and recognizes
that the infrastructure may provide benefit to other land.
c) Policy Implications:
Part 26, Division 11, of the Local Government Act provides that where a developer pays all or part of
the cost of excess or extended services, the municipality shall determine the proportion of the cost
of the service which constitutes excess or extended service and determine the proportion of the cost
of the service to be attributed to parcels of land which the municipality considers will benefit from
the service. Latecomer Agreement LC 134/09 will provide such determination for Subdivision SD
05/06.
CONCLUSION:
A developer has provided certain services in support of Subdivision SD 05/06. Some of the
services benefit adjacent lands therefore, it is appropriate to impose Latecomer Charges on the
benefitting lands. Latecomer Agreement LC 134/09 summarizes the municipality's determination
of benefitting lands and cost attribution and also establishes the term over which such Latecomer
Charges will be applied.
Prepared by: er , Fryer ' En
i
nage o C
orate & Development Engineering
Reviewed by: ndretiv oo> PhD., PEng.
Municjpal Engineer
Approved by: Frank Quinn, MBA, PEng.
GM: Public Works & D
_c)
ment Services
Concurrence: J.L. /Jim) Rule
Chi$f Administrative Officer
Ij I/ rs
Schedule A
TYPE OF EXCESS OR EXTENDED SERVICE
1. EXTENDED NOMINAL SERVICE
SERVICE # BENEFITTING COST OF COST PER BENEFIT
LOTS BENEFIT LOT ATTRIBUTED
BY PROPERTY
EXCLUDING
SUBDIVISION
Storm Sewer 29 $69,600.00 $2,400.00 Lot 1, Plan NWP 2409
232 Street RN 73984-0000-7
1 x $2,400.00
Sanitary Sewer 35 $68,075.00 $1,945.00 Lot 1, Plan NWP 2409
232 Street RN 73984-0000-7
7 x $1,945.00
Water main 29 $65,540.00 $2,260.00 Lot 1, Plan NWP 2409
232 Street RN 73984-0000-7
1 x $2,260.00
A total of all of the aforementioned services for each property is as follows:
Lot 1, Sec. 33, TP. 12, Plan NWP 2409 $ 18,275.00
Page 1
13.975
*BCP34904
BCS 2410
BCP 30980
BCP 30977
SUBDIVISION
S91'C
141315
P 7757
B
141 AVE
14069
14042
13930
P r 14805
,'LMP 50180
hi
RP 14647
F
P 7757
Rem 10
BENEFITTING
PROPERTY
P 16208
141 AVE.
EP 16905
Rem G 1
PARK
BCP 29120
BCP 10325
PARK
ti
45
46 47
49
103
1.5857
09
P 19849
13
EP 11340
A
Rem 4
SUBDIVISION BOUNDARY
BENEFITTING PROPERTIES
SCALE:
N.T.S.
MAPLE RIDGE
BrtOon Columbia
CORPORATION OF THE
DISTRICT OF MAPLE RIDGE
ENGINEERING
DEPARTMENT
EXCESS CAPACITY/EXTENDED
SERVICES AGREEMENT
LC 134/09 SD 05/06
DATE:
MARCH 2009
FILE/DWG No LC 134-2009
EXCESS CAPACITY LATECOMER AGREEMENT
LC 134/09 - SD 05/06
THIS AGREEMENT made the day of , 2009:
BETWEEN:
Progressive Construction Ltd.
5591 No. 3 Road
Richmond, BC V6X 2C7
(Hereinafter called the "Subdivider")
AND:
OF THE FIRST PART
CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a Municipal Corporation under
the "Local Government Act", having its offices at 11995 Haney Place, in the
Municipality of Maple Ridge, in the Province of British Columbia
(Hereinafter called the "Municipality")
WHEREAS:
OF THE SECOND PART
A. The Subdivider has subdivided certain lands and premises located within the
Municipality of Maple Ridge, in the Province of British Columbia, and more
particularly known and described as:
Parcel C, Sec. 32, Tp. 12, Plan 7680, NWD and
Parcel D, Sec. 32, Tp. 12, Plan 7680 NWD
(Hereinafter called the "said lands")
B. In order to facilitate the approval of the subdivision of the said lands, the Subdivider
has constructed and installed the water and sanitary sewer and storm sewer
services shown on the design prepared by D.K. Bowins & Associates Inc.,
Job Name. BFW Developments (Sheets 1 to 24), dated January, 2007, reviewed as
noted May 28, 2007. Project No. E08-015-1003.2,
(Hereinafter called the "Extended Services");
C. The extended services have been provided with a capacity to service the said lands
and other than the said lands;
Page 1 of 3
D. The Municipality considers its cost to provide the Extended Services to be excessive;
E. The Subdivider has provided the Extended Services in the Amount of $203,215.00.
F. The Municipality has determined that the following properties:
Lot 1, Sec. 33, Tp. 12, Plan NWP 2409
(the "Benefitting Lands") will benefit from the Extended Services;
G. The Municipality has imposed as a condition of the owner of the Benefitting Lands
connecting to or using the Extended Services, a charge (the "Latecomer Charge") on
the Benefitting Lands in the following amounts:
Lot 1, Sec 33, Tp. 12, Plan NWP 2409
RN 73984-0000-7
• $2,400.00 for connection to or use of the storm sewer on 232 Street
• $1,945.00 per unit, to a maximum of $13,615.00 for connection to or use of
the sanitary sewer on 232 Street
• $2,260.00 for connection to or use of the water main on 232 Street
plus interest calculated annually from the date of completion of the Extended
Services as certified by the General Manager - Public Works and Development
Services of the Municipality (the "Completion Date") to the date of connection by the
Benefitting Lands to the Extended Services;
H. The Latecomer Charge when paid by the owner of the Benefitting Lands and
collected by the Municipality shall pursuant to Section 939 (7) of the Municipal Act
R.S.B.C. 1996, c.323 be paid to the Subdivider as provided for in this Agreement.
NOW THEREFORE AS AUTHORIZED BY Section 939 (9) of the Local Government Act R.S.B.C. 1996,
c. 323, The parties hereto agree as follows:
1. The Latecomer Charge, if paid by the owner of the Benefitting Lands and collected by
the Municipality within fifteen (15) years of the Completion Date shall be paid to the
Subdivider and in such case payment will be made within 30 days of June 30th and
December 31st of the year in which the Latecomer Charge is collected by the Municipality.
2. This Agreement shall expire and shall be of no further force and effect for any
purpose on the earlier of the payment of the Latecomer Charge by the Municipality to the
Subdivider, or fifteen (15) years from the Completion Date, and thereafter the Municipality
shall be forever fully released and wholly discharged from any and all liability and obligations
herein, or howsoever arising pertaining to the Latecomer Charge, and whether arising before
or after the expiry of this Agreement.
3. The Subdivider represents and warrants to the Municipality that the Subdivider has
not received, claimed, demanded or collected money or any other consideration from the
owner of the Benefitting Lands for the provision, or expectation of the provision of the
Extended Services, other than as contemplated and as provided for herein; and further
represents and warrants that he has not entered into any agreement with the owner of the
Page 2 of 3
Benefitting Lands for consideration in any way related to or connected directly or indirectly
with the provision of the Extended Services. The representations and warranties of the
Subdivider herein shall, notwithstanding paragraph 2 of this Agreement, survive the expiry of
this Agreement.
4. The Subdivider (if more than one corporate body or person) hereby agrees that the
Municipality shall remit the Latecomer Charge to each corporate body or person in equal
shares.
5. If the Subdivider is a sole corporate body or person, the Municipality shall remit the
Latecomer Charge to the said sole corporate body or person, with a copy to the following
(name and address of director of corporate body, accountant, lawyer, etc.):
6. In the event that the Subdivider is not the owner of the said lands, the owner shall
hereby grant, assign, transfer and set over unto the Subdivider, his heirs and assigns, all
rights, title and interest under this Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective Corporate Seals,
attested by the hands of their respective officers duly authorized in that behalf, the day, and
year first above written.
The Corporate Seal of Progressive
Construction Ltd. was affixed in the
presence of:
Authorized Signatory - Subdivider
Authorized Signatory - Subdivider
The Corporate Seal of the CORPORATION OF
THE DISTRICT OF MAPLE RIDGE was hereunto
affixed in the presence of:
Corporate Officer - Authorized Signatory
Page 3of3
MAPLE RIDGE
ri fish Csslumhia
Deep Roots
Greater Heights
TO:
District of Maple Ridge
His Worship Mayor Ernie Daykin DATE: April 6, 2009
and Members of Council FILE NO:
FROM: Chief Administrative Officer
SUBJECT: Disbursements for the month ended March 31, 2009
EXECUTIVE SUMMARY:
Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor, together
with the Director of Finance. Council authorizes the vouchers for the following period through Council
resolution. The disbursement summary for the past period is attached for your information.
Expenditure details are available to any Council member for review in the Finance Department.
RECOMMENDATION:
That the "disbursements as listed below for the month ended March 31, 2009 now be approved".
GENERAL $ 7,182,080
PAYROLL $ 1,263,425
PURCHASE CARD $ 144,829
$ 8.590.334
DISCUSSION:
a) Background Context:
The adoption of the Five Year Consolidated Financial Plan has appropriated funds and
provided authorization for expenditures to deliver municipal services.
The disbursements are for expenditures that are provided in the financial plan.
b) Community Communications:
The citizens of Maple Ridge are informed on a routine monthly basis of financial
disbursements.
1131
c) Business Plan / Financial Implications:
Highlights of larger items included in Financial Plan or Council Resolution
• Directional Mining & Drilling - Academy Park sanitary sewer $ 467,631
• Fraser Valley Regional Library - First quarter member assessment $ 528,124
• Mierau - Fire Hall No. 1 expansion $ 558,904
• Receiver General - RCMP contract Oct-Dec'08 $ 3,000,572
• Tybo Contracting - Spirit Square $ 193,608
d) Policy Implications:
Approval of the disbursements by Council is in keeping with corporate governance practice.
CONCLUSIONS:
The disbursements for the month ended March 31, 2009 have been reviewed and are in order.
Prepared by: G'Ann Rygg
Accounting Clerk II
Approved by: Trey + r Thompson, CGA
Manager of Financial Planning
su
Approved by: Pdu Gill,,
BBA, CGA
GM - Corporate & Financial Services
Concurrence:/L. (Jim) Rule
Chief Administrative Officer
gmr
VENDOR NAME
Active Network Ltd
BC Hydro
BC SPCA
Boileau Electric & Pole Ltd
CUPE Local 622
Centimark Ltd
Chet Construction Ltd
Chevron Canada Ltd
Delcan Corporation
Directional Mining & Drilling
Durante Kreuk Ltd.
Envision Credit Union
Fraser Valley Regional Library
Friends In Need Food Bank
GTM Enviro Services Ltd
Guillevin International Inc
Happy Heart Fitness & Educ
Manulife Financial
McEachern Harris & Brown
McTar Petroleum Ltd
Medical Services Plan
Mierau
Morrison Hershfield Limited
Municipal Pension Plan BC
Myra Systems Corp.
Omni Pacific Construction
Oracle Corporation Canada Inc
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
MONTHLY DISBURSEMENTS - MARCH 2009
DESCRIPTION OF PAYMENT
Class software maintenance fees
Hydro charges Mar
Contract Mar
Maintenance: Banners
Bonson Concession Building
Civic Centre
Firehall
Hammond Community Centre
Leisure Centre
Library
Maple Ridge sign lighting
Memorial Park
Municipal Hall
Operations
Pitt Meadows Family Rec. Centre
Pitt Meadows Heritage Centre
Pitt Meadows Museum
Pole & splice repairs
Randy Herman Building
Vehicle detection cameras
Xmas lights
Dues - pay periods 09/05 & 09/06
Cemetary roof repairs
Golden Ears Day Care roof repairs
Albion Fairground barn roof replacement
Brown Avenue extension
Fuel
Abernathy Way extension feasibility study
256 Street industrial area sanitary sewer
Academy Park sanitary sewer system
Spirit Square
Eric Langton Park
Security refund
First quarter member assessment
2009 funding
Firefighters' Park development
Fire fighters' equipment
Fire fighters' protective wear
Operations electrical supplies
Fire Dept. Therm. Image Cameras
Weight room supervision & childcare activity room
Employee benefits premiums
Security refund
Road salt
Employee medical & health premiums Mar
Fire Hall No. 1 expansion
Leisure Centre boiler replacement
RCMP jail cell
Pension remittance
Computer hardware upgrade
Security refund
Software license & support
436
1,086
358
857
152
544
64
5,534
256
653
1,350
1,598
105
270
804
1,006
632
5,311
210
424
17,469
10,578
4,520
13,844
1,441
3,479
1,909
5,201
64,394
19,635
16,800
AMOUNT
19,386
78,317
22,343
21,016
19,091
18,103
62,826
37,976
15,098
467,631
15,285
25,000
528,124
15,000
15,225
74,983
23,757
97,805
46,809
38,131
24,432
558,904
36,435
241,939
17,259
36,000
35,126
Professional Mechanical Ltd
Receiver General For Canada
RG Arenas (Maple Ridge) Ltd
Ridge Meadow Comm Arts Council
Ridge Meadows Minor Baseball
Ridgemeadows Recycling Society
Sandpiper Contracting Ltd
Terasen Gas
Tybo Contracting Ltd
Ultra -Tech Cleaning System Ltd
Warrington PCI Management
West Coast Kinesiology Service
Young, Anderson - Barristers
Disbursements In Excess $15,000
Disbursements Under $15,000
Total Payee Disbursements
Payroll
Purchase Cards - Payment
Total Disbursements March 2009
GMR
Leisure Centre variable frequency drives for air handling unit
Maintenance: Firehall
Leisure Centre
Library
Municipal Hall
Operations
Pitt Meadows Family Rec. Centre
Randy Herman Building
RCMP
Employer/Employee remit PP09/06
RCMP contract Oct-Dec/08
Ice rental Feb
Art Centre grant Mar
Program revenue Feb
Microphone kit & Soca cables
Theatre rental
Baseball registration 2009
Monthly contract for recycling Mar
Weekly recycling
Litter pick-up contract
202 Street sanitary sewer
Natural gas Mar
Spirit Square
Maintenance: Firehalls
Library
Municipal Hall
Operations Centre
Randy Herman Building
RCMP
Advance for Tower common costs Mar
Tower expenses Feb
Fitness programs
Professional fees Feb
PP09/06 & 09/07
Y:\Finance\Accounting\AP Remittances (Disbursements)\2009\[Monthly Council Report 2009.xls]MAR'09
31,420
1,532
6,480
912
827
1,153
2,201
2,073
1,730
302,261
3,000,572
42,796
20,919
9,616
722
77,398
234
1,725
1,215
4,509
4,700
551
4,038
5,750
35,000
22,812
48,328
3,302,833
45,471
74,053
32,867
79,357
45,365
46,198
193,608
20,763
57,812
18,222
21,024
6,577,898
604,182
7,182,080
1,263,425
144,829
8,590,334
MAPLE RIDGE
Sri1iah Columba
Deep Roots
Greater Heights
TO:
District of Maple Ridge
His Worship Ernie Daykin DATE: April 9, 2009
and Members of Council FILE NO: 0230-20-01/SPCA1
FROM: Chief Administrative Officer ATTN: Committee of the Whole
SUBJECT: Master Agreement for the construction of a new animal shelter
EXECUTIVE SUMMARY:
At its October 27, 2008 Workshop, Council approved a letter of intent, attached as Appendix I, to
enter into a formal agreement with the BC SPCA for construction of a new animal shelter at the
existing site on Jackson Road. The agreement has been prepared in accordance with that letter of
intent and is attached for Council's consideration as Appendix III. The Board of Directors of the BC
SPCA approved the agreement at its April 4, 2009 meeting.
RECOMMENDATION:
That the Corporate Officer be authorized to sign the "Master Agreement" with the BC SCPA for the
construction of a new animal shelter as attached to the staff report dated April 7, 2009.
DISCUSSION:
a) Background Context:
For many years, the community has been discussing the need for a new animal shelter. The BC SPCA
has agreed to be a funding partner and we have been notified that its Board of Directors approved
the Master Agreement at its April 4 meeting. The new shelter will be constructed on the existing site
on Jackson Road as it has adequate space and is appropriately zoned for a new shelter.
Attached as Appendix II is an Executive Summary highlighting the main features of the agreement
including the following:
• The BC SPCA will pay the District 50% of the appraised value of the lands and be co-owner
and tenant in common with the District.
• Three construction options will be considered: a single building with fully integrated District
and BC SPCA functions; a single building with distinct District and BC SPCA functions; and
two buildings with a complete separation of functions.
• The District and the BC SPCA will share servicing and construction costs.
• Construction of the new centre will follow the animal welfare standards in the BC SPCA
Penticton Community Animal Centre and incorporate LEED green building principles.
• BC SPCA will provide shelter services, veterinary and animal care under an operating
agreement. In the event of termination of the operating agreement each party will have the
right of first refusal to purchase the lands and the centre at the then fair market value.
• The portion of the lands occupied by Katie's Place will be subdivided and remain under the
sole ownership of the District.
In accordance with Section 26 (3) of the Community Charter notice of the proposed sale of municipal
land to the BC SPCA will be published in the News on April 17 and 22, 2009.
1132
b) Business Plan/Financial Implications
The construction of a new animal shelter was included in the 2007 budget, at a total cost of $1.5
million. The District is to contribute $300,000 of its own funds, $300,000 is to be sourced through
fund raising or other means and $900,000 is to be financed through long term debt. Elector
approval was obtained last year for the long term debt funding. The debt payments are funded
through a $10 increase in dog license fees implemented in 2007. These monies have been carried
forward to the 2009 budget.
The current operating agreement will be amended prior to or at completion of the project to reflect
that each party will contribute fifty percent of the costs of operating the new shelter. It is
anticipated that operating costs will be higher for the new facility. Council approval of the
amended operating agreement will be required.
Policy 5.11, "Municipal Lands - Disposition of Proceeds Upon Sale" suggests that 75% of the
proceeds from the sale of municipal lands may be paid into the Capital Works Reserve Fund and
25% into the Land Reserve Fund. In this instance the entire proceeds from the sale of 50% of the
District's interest in the land to the BC SPCA will be directed -to the costs of providing animal services.
CONCLUSIONS:
The current animal shelter is in a state of disrepair and a new facility will serve the needs of our
citizens and animals for many years. Signing of the Master Agreement will enable the District and BC
SPCA to begin construction of the new shelter.
Prepared by: C. Marto
Manager of Legislative Services
App?`oved by: Paul Gill, B.B.A., C.G.A., F.R.M.
General Managerorporate & Financial Services
Concur/ence: J.L. (Jim) Rule
Chief Administrative Officer
:cm
Y:\Clerks Documents\CLERK'S DEPT. MEMOS\2009-03-31 Report re SPCA shelter agreement.doc
2
1
MAPLE RIDGE
British Columbia
Deep Roots
Greater Heights
October 27, 2008
File No: 0230-20-01/SPCA1
Mr. Craig Daniell
Chief Executive Officer
BC SPCA
1245 East 7th Avenue
Vancouver, BC V5T 1R1
Dear Mr. Daniell:
APPENDIX I
Letter of Intent between the District of Maple Ridge and The British Columbia Society for the
Prevention of Cruelty to Animals
This Letter of Intent sets out the terms and conditions upon which the District of Maple Ridge
(the "District") is prepared to enter into an agreement with The British Columbia Society for
the Prevention of Cruelty to Animals ("BC SPCA") to construct a Community Animal Centre
(the "Centre") at 10235 Jackson Road, Maple Ridge (the "Lands"). The parties intend to
enter into a formal agreement (the "Formal Agreement") based on the terms and principles
of this letter of intent before December 1, 2008. The Formal Agreement will be subject to
approval by the BC SPCA's Board of Directors and the District's Council.
This Letter of Intent has two parts: the first part (Part A) contains certain aspects of our
current understanding of the proposed transaction and is not legally binding; the second part
(Part B), if accepted, is a binding agreement between the BC SPCA and the District. The
parties will negotiate the Formal Agreement on or before December 1, 2008 which will define
the legally enforceable rights and obligations of the parties concerning the proposed
transaction.
The Formal Agreement will contain, together with other provisions, provisions in respect of
the matters referred to in this Letter of Intent and be in a form and contain other terms and
conditions acceptable to the BC SPCA and the District and their respective solicitors. The
parties agree to negotiate in good faith with one another with respect to the terms and
conditions of the Formal Agreement up to December 1, 2008.
Part A. BASIC TERMS
1. The BC SPCA will pay the District 50% of the appraised value of the Lands for an
undivided one-half interest in the Lands concurrent with the District transferring such
interest to the BC SPCA. The BC SPCA would hold title to the Lands as co-owner and
tenant in common with the District.
2. Three construction options will be considered for the construction of the Centre.
a. Option 1 is construction of a single building, fully integrating the District's and the
BC SPCA's functions.
District of Maple Ridge
11995 Haney Place, Maple Ridge, BC V2X 6A9 Canada • Tel: 604-463-5221 • Fax: 604-467-7329
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b. Option 2 is construction of a single building with clearly distinct District and BC
SPCA functions.
c. Option 3 is construction of two distinct buildings and a complete separation of
functions between the District and the BC SPCA.
3. The preliminary construction cost budget for Option 1 is estimated at $2.5 million based
on a 6,000 square foot facility. This construction budget does not include servicing costs
which are still to be determined. The District and the BC SPCA will share the servicing
and construction costs. The BC SPCA and the District will each guarantee $1.25 million
of the construction costs.
4. Should construction costs exceed $2.5 million, the BC SPCA and the District will each
increase their financial commitment to cover their proportionate share of the increase in
construction costs. The BC SPCA and the District will also consider a jointly funded
capital campaign to raise any additionally required funds to pay the construction costs.
5. The construction of the new Centre will follow the animal welfare standards incorporated
in the recently constructed BC SPCA Penticton Community Animal Centre. Construction
will incorporate LEED green building principles where possible while acknowledging
budget constraints.
6. The BC SPCA proposes to provide shelter services, veterinary and animal care under an
operating agreement (the "Operating Agreement") to the District for a five (5) year term.
In the event that either the District or the BC SPCA chooses to exercise the termination
clause contained in the Operating Agreement, the other party will have the right of first
refusal to purchase the interest of the other party in the Lands and Centre at the then
market value subject to arbitration. Subject to mutual agreement as to the terms, the
District and the BC SPCA may enter into subsequent five (5) year renewals of the
Operating Agreement
7. The District and the BC SPCA will share in the net profit generated by providing shelter
services to any other municipality, person or.organization. The District and the BC SPCA
will also share in a facility use fee which will be charged to third party users.
8. The District and the BC SPCA will each have a right of first refusal to purchase (the "Right
of First Refusal") the interest of the other party in the Lands and Centre at the then fair
market value subject to arbitration.
9. Katie's Place Animal Shelter currently leases a portion of the Lands from the District and
the District retains the ability to continue to provide such accommodation. The portion of
the Lands occupied by Katie's Place will be subdivided off and will not be subject to this
agreement.
10. Upon acceptance of this Letter of Intent by each party, the parties will negotiate in good
faith to prepare and enter into the Formal Agreement, the Operating Agreement and
Right of First Refusal to govern the proposed relationship. Such agreements may contain
subject conditions in favour of the BC SPCA (the "BC SPCA's Conditions") and the District
(the "District's Conditions")"
11. The execution of the Formal Agreement, the Operating Agreement and Right of First
Refusal will be subject to any legislative requirements including public notice or elector
approval.
100% Recycled Paper
PART B. AGREEMENTS
Upon the execution of this Letter of Intent by the parties, the following numbered Sections in
this Part B will constitute a legally binding and enforceable agreement among the parties in
consideration of their mutual undertakings as to the matters described in this Letter of
Intent.
12. The BC SPCA's Right to Access The Lands
The BC SPCA shall, during the period following acceptance of this Letter of Intent, have the
right to enter upon the Lands with twenty-four (24) hours notice to conduct soil surveys and.
tests and perform other inspections or tests required. This access by the BC SPCA shall not
interfere with the activities of the District or its tenants on the Lands. The BC SPCA will
indemnify the District with respect to any damage or loss experienced as a result of such
access. The BC SPCA will restore the Lands to their prior condition upon completion of such
inspection, surveys and tests.
13. Costs
The parties will each be solely responsible for and bear all of their own respective costs
incurred in connection with pursuing this Letter of Intent and entering into the Formal
Agreement and completing the transactions contemplated thereby.
14. Reports
In the event the BC SPCA does not satisfy or waive the BC SPCA's Conditions, the BC SPCA's
will provide the District with copies of any of the reports arising out of its environmental and
geotechnical investigations.
15. Exclusivity
The District agrees that the District will not during the term of this Letter of Intent enter into
negotiations with any other parties with respect to the Lands.
This Letter of Intent does not constitute an agreement to jointly construct the Centre and
shall not create any rights and obligations on the part of the parties hereto, except as set
forth in Part B above. If the Formal Agreement is not prepared, authorized, executed or
delivered for any reason, no party to this Letter of Intent shall have any liability to any other
party, except as set forth in Part B above.
For greater certainty, any agreement to develop the Centre shall occur_only if the parties
conclude the Formal Agreement, the Operating Agreement and Right of First Refusal and
upon satisfaction of the BC SPCA's Conditions and the District's Conditions.
If the foregoing accurately sets forth our mutual understandings and agreements, please
sign and date the enclosed copy of this Letter of Intent and return the same to the attention
of the undersigned by no later than 4:00 p.m. on November 7, 2008. Facsimile is accepted.
100% Recycled Paper
This Letter may be executed in several counterparts, each of which will be deemed to be an
original and all of which will together constitute one and the same instrument.
Should you have any questions, please contact me.
Yours truly,
Paul Gill, B.B.A., C.G.A.
GM: Corporate & Financial Services
The British
Preventio
)c, u r r k 3, aCIo .
District of Maple Ridge
Ceri Mario, Corporate Officer
A/0 u t4 e6 yf 2048
Date Date
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Executive Summary
District of Maple Ridge
and
The British Columbia Society for the Prevention of Cruelty to Animals
Construction of a Community Animal Centre
Purpose
APPENDIX II
Ajointly funded Community Animal Centre will be constructed on property located at 10235
Jackson Road in Maple Ridge. The BC SPCA will purchase an undivided one-half interest in
those lands, excluding the portion occupied by Katie's Place, and will share equally in the
Development Costs of the Centre. The Centre will follow the animal welfare standards
incorporated in the BC SPCA Penticton Community Animal Shelter.
Main Features of the Agreement
• The BC SPCA will pay the District 50% of the appraised value of the lands for an
undivided one-half interest in the lands.
• The parties will own the completed Centre and the lands as tenants in common.
• Three construction options will be considered: a single building fully integrating the
functions of the District and the BC SPCA; a single building with clearly distinct function;
and two distinct buildings with a complete separation of functions.
• Construction will follow the standards of the Penticton Shelter.
• Construction will incorporate LEED green building principles where possible and within
budget constraints.
■ Development costs will be shared equally with each party guaranteeing $1,250,000.
• Any increase in costs will be shared equally..
• The parties will consider a jointly funded capital campaign to raise any additionally
required funds.
• A qualified third party construction manager will serve as Project Manager and will
supervise the development of the lands and the Centre.
• The Project Manager will enter into an agreement with and report to the BC SPCA.
• A Project Steering Committee comprised of two members from the District, two members
from the BC SPCA, one shelter volunteer, one shelter staff member and the architect will
act as an advisory group for the project.
• The operation and management of the Centre will be in accordance with the Operating
Agreement dated November 8, 2007 between the District and the BC SPCA which
agreement may be amended by the parties prior to or at completion of the project.
■ Audited financial statements with respect to the project will be prepared.
• The District and the BC SPCA will equally share in the net profit generated from the
provision of shelter services to any other municipality, person or organization and the
facility use fee which will be charged to third party users of the Centre.
• In the event that either party chooses to exercise the termination clause contained in the
Operation Agreement, the other co-owner will have the right of first refusal to purchase
the interest of the terminating co-owner for a price equal to 50% of the then fair market
value of the lands and Centre.
• Fair market value will be the average of the fair market values determined by two
Appraisers.
APPENDIX III
MASTER AGREEMENT
THIS AGREEMENT is made as of the day of , 2009.
BETWEEN:
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE. a Municipal Corporation, duly
incorporated under the laws of the Province of British Columbia and having its place of
business at 11995 Haney Place, Maple Ridge, British Columbia
(the "District")
AND:
THE BRITISH COLUMBIA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, having
its place of business at 1245 East 7th Avenue, Vancouver, British Columbia
(the " BC SPCA")
WHEREAS:
A. The District and the BC SPCA have entered into a letter of intent dated October 27,
2008 (the "Letter of Intent"), which Letter of Intent contemplates the joint
development by the District and the BC SPCA of a Community Animal Centre (the
"Centre") at 10235 Jackson Road in Maple Ridge, B.C. (the "Lands").
B. The District is the registered owner of the Lands (as herein defined).
C. The BC SPCA will pay the District 50% of the appraised value of the Lands, as
determined by an Appraiser chosen by the District and approved by the BC SPCA,
for an undivided one-half interest in the Lands concurrent with the District
transferring such interest to the BC SPCA.
D. Three construction options will be considered for the construction of the Centre:
(a) construction of a single building, fully integrating the District's and the BC SPCA's
functions;
(b) construction of a single building with clearly distinct District and BC SPCA functions;
and
(c)
construction of two distinct buildings and a complete separation of functions
between the District and the BC SPCA.
E. Construction of the Centre will follow the animal welfare standards incorporated in the
recently constructed BC SPCA Penticton Community Animal Centre.
F. Construction will incorporate LEED green building principles where possible while
acknowledging budget constraints.
G. The District and the BC SPCA agree to equally share the Development Costs. Each party
will guarantee $1,250,000.00 of the Development Costs. Should Development Costs
1
exceed $2,500,000.00, each party will increase their financial commitment to cover their
proportionate share of the increase in Development Costs. The parties will also consider
a jointly funded capital campaign to raise any additionally required funds to pay the
Development Costs.
Should the parties elect to construct two separate buildings, as per section D(c),
Development Costs specifically related to construction of a particular building will be
borne entirely by the party responsible for that building. Development Costs that relate to
the construction of both buildings shall be shared equally between the parties.
H. The parties will select a qualified third party construction manager to serve as Project
Manager. The Project Manager will enter into a contractual agreement with the BC SPCA
to perform the obligations of Project Manager under this Agreement. The parties have
also selected a qualified third party architect, M & MA Meiklejohn Architects Inc, who will
enter into a contractual agreement with the parties to perform architectural duties under
this agreement.
Should the parties elect to construct two separate buildings, as per section D(c), the
Project Manager will enter into a contractual agreement with both parties to perform the
obligations of Project Manager under this Agreement.
The parties shall establish a Construction Project Steering Committee, with
representation as detailed in 4.4.
J. The parties will own the completed Centre and Lands as tenants in common.
Should the parties elect to construct two separate buildings, as per section D(c), each
party will own their particular building and the parties will own the Lands as tenants in
common.
K. The parties have agreed that operation and management of the Centre will be in
accordance with the Operating Agreement.
L. The parties hereto have entered into this Master Agreement to confirm their mutual
understandings and their respective rights and obligations with respect to the ownership,
development and operation of the Centre.
IN CONSIDERATION of the mutual covenants and agreements herein contained and
other good and valuable consideration, receipt whereof is hereby acknowledged,
the parties covenant and agree as follows:
1. INTERPRETATION
1.1. In this Agreement the following words and phrases shall have the following meanings:
(a) Agreement means this Master Agreement;
(b) "Appraiser" means an appraiser who is at all relevant times:
(1) disinterested in the transactions contemplated by this Agreement;
(ii) an accredited appraiser of the Appraisal Institute of Canada; and
(iii) qualified to appraise real estate similar to the Centre and the Lands and
who has been engaged in such activity for a period of not less than five
years preceding his or her appointment;
(c) "Approved by the Co -Owners" means approval in writing by the Co -Owners;
(d) "Architect" means M & MA Meiklejohn Architects Inc;
(e) "Auditor" means such national firm of chartered accountants retained by the Co -
Owners;
(f) "BC SPCA" means The British Columbia Society For The Prevention Of Cruelty To
Animals;
(g) "Business Day" means any day except Saturday, Sunday or a statutory holiday in
British Columbia;
(h) "Centre" means the Community Animal Centre to be constructed on the Lands;
(i) "Construction Certificate" has the meaning set out in
Section 5.2;
(j) "Construction Project Steering Committee" means the
committee described in Section 4.4;
(k) "Co -Ownership" means the relationship between the Co -Owners established by
this Agreement;
(I) "Co -Owners" means the BC SPCA and the District and "Co -Owner" means either of
them;
(m)
"Defaulting Co -Owner" means a Co -Owner in respect of which an Event of Default
has occurred and which is continuing;
(n) "Development Budget" means the budget showing, inter alia, the nature,
purpose, amount and estimated timing of expenditures in connection with the
development of the Lands and Centre;
(o) "Development Costs" means all payments, outlays and expenses properly
made or incurred by the Co -Owners in connection with the ownership,
development, servicing and construction of the Centre including, without
limitation or duplication, the following:
(i) all consulting, construction, rezoning, architectural, design development,
inspection, testing, engineering, surveying, legal and audit fees, and
insurance premiums;
(ii) all municipal charges including, without limitation, permanent area
contributions, on-site and off-site assessments, and licence and permit fees;
(iii) interest, commitment fees and other bank charges;
(iv) labour and contracting costs;
(v) all costs of site servicing and roadworks, hydro, water, storm and sanitary
sewer, telephone and gas connection charges, site grading costs,
3
landscaping, fencing and signage costs, and street lighting;
(vi) fees and property taxes paid or accrued in respect of any portion of the
Lands prior to the date of substantial completion;
(vii) the fees and expenses payable to the Project Manager in connection with
the performance of its services pursuant to this Agreement.
(p) "District" means the District of Maple Ridge;
(q) "Effective Date" means April 30, 2009 or such earlier date as maybe agreed by
the parties;
(r) Estimated Completion Date means March 30, 2010;.
(s) "Event of Default" means, with respect to a Co -Owner an event described in
Section 10.1;
(t) "Fair Market Value" means the fair market value of the Lands and Centre as
determined in accordance with Section 11.2;
(u) "Interest" of a Co -Owner means collectively its right, title and interest in the
Centre, the Lands and this Agreement;
(v) "Lands" means Parcel identifier: 008-514-127 Lot 2 Section 3 Township 12 New
Westminster District Plan 38409, excluding that portion occupied by Katie's Place
Animal Shelter which will be separated by subdivision and will not be subject to
this Agreement;
(w) "Letter of Intent" means the letter of intent dated October 27, 2008 between the
BC SPCA and the District;
(x) "Major Decisions" has the meaning set forth in Section 4.2;
(y)
"Operating Agreement" means the agreement (attached as Schedule A) entered
into between the District and the BC SPCA on November 8, 2007, which will be
amended by the parties prior to or at completion of the project to reflect that
each party will contribute fifty percent of the costs, as mutually agreed upon by
the Co-owners, of operating the new animal shelter;
Should the parties elect to construct two separate buildings, as per section D(c),
each party will be responsible for the operating costs for their particular building;
(z) "Permitted Encumbrances" means only those charges and encumbrances
Approved by the Co -Owners;
(aa) "Person" means an individual, corporation, body corporate, partnership, joint
venture, association, trust or unincorporated organization or any trustee,
executor, administrator or other legal representative;
(bb) "Prime Rate" means the average of the Prime Rate of the Toronto -Dominion
Bank, the District's bank, and Scotiabank, BC SPCA's bank, at the end of the
month in which expenses were incurred.
4
(cc) "Project" means the development and construction of the Lands and Centre;
(dd) "Project Manager" means the qualified third party construction manager appointed by
the Co -Owners to perform the obligations of Project Manager under this Agreement;
(ee) "Project Plan" means the Project Manager's Project Plan for the project
elated May 30, 2009 prepared by the Project Manager, as amended from
time to time;
(ff) "Proportionate Share" means, with respect to a Co -Owner, the Co -Owner's undivided
interest in the Project and shall mean with respect to the BC SPCA 50% and with
respect to the District 50%;
1.2. The following are the Schedules to this Agreement:
(a) Schedule A - Operating Agreement
1.3. Gender and Number. In this Agreement, words importing the singular include the
plural and vice versa and words importing gender include all genders as the context
may require.
1.4. Headings and Table of Contents. The division of this Agreement into Parts, Articles,
Sections and the inclusion of headings and a table of contents are for convenience
only and shall not affect the construction or interpretation of this Agreement.
1.5. Currency. All dollar amounts referred to in this Agreement are Canadian dollars.
1.6. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of British Columbia and the laws of Canada applicable therein and each of the
parties hereby attorns to the jurisdiction of the Courts of British Columbia.
1.7. Accounting Principles. Except as otherwise provided in this Agreement, all
calculations and financial statements referred to herein shall be made in
accordance with generally accepted accounting principles as defined in the
Canadian Institute of Chartered Accountants' Handbook and the Canadian Institute
of Public Real Estate Companies' Handbook, as amended from time to time,
consistently applied and practices applicable to the Canadian real estate
development industry.
2. THE AGREEMENT
2.1. Term. This Agreement shall:
(a) commence on the Effective Date; and
(b) continue in effect in respect of the Project and the Centre except as otherwise
provided in this Agreement until the earlier of
(i) the date on which one Co -Owner acquires the other Co -Owner's beneficial
interest in the Project; and
(ii) the date this Agreement is terminated by mutual agreement in writing by the
Co -Owners.
3. ESTABLISHMENT AND OPERATION OF THE CO -OWNERSHIP
3.1. Formation of Co -Ownership . Commencing on the Effective Date and continuing until
termination in accordance with the provisions of this Agreement, the Co -Owners hereby
associate themselves and hereby enter into this Agreement for the limited purposes and
scope set forth herein. The Co -Owners agree that the provisions of this Agreement
shall hereafter govern and define their respective rights, proceeds, revenues,
benefits, liabilities, interests, powers and obligations as between themselves with
respect to the holding of the Lands and the Centre and completion of the Project and the
Centre as Co -Owners.
3.2. Ownership of Lands. Upon the Effective Date the District will transfer an undivided
50% interest in the Lands to the BC SPCA and the BC SPCA will pay the District 50% of
the value of the Lands, as determined by an Appraiser, plus or minus adjustments. The
Lands will be held by the Co -Owners as tenants-in-common.
3.3. Purpose of Co -Ownership. The business of the Co -Ownership shall be limited strictly to the
development and operation of Lands and Centre. The business of the Co -Ownership shall
not be extended by implication or otherwise beyond the transactions contemplated herein
unless approved in writing by all of the Co -Owners.
3.4. Disclaimer of Partnership. Nothing in this Agreement will constitute the Co -Owners
as partners or, except as specifically provided in this Agreement, constitute either
Co -Owner as agent of the other and each Co -Owner expressly disclaims any intention to
create a partnership or, except as specifically provided in this Agreement, an
agency arrangement between them and covenants with the other Co -Owner that it
will not at any time, allege or claim that such a partnership or agency arrangement was
created. Each Co -Owner expressly declares its intention to rely on:
(a) the applicable provisions of the Partnership Act to the effect that tenancy -in -
common, common property or part ownership does not of itself create a
partnership as to anything so held or owned, whether the tenants or owners
do or do not share any profits made by the use thereof; and
(b) the statutory and common law as it applies to tenants-in-common, save only to
the extent that the same is, by the express provisions of this Agreement,
amended or varied.
3.5. Other Activities. Nothing in this Agreement prevents or restricts either Co-owner from
carrying on any other business or venture independently or with others.
3.6. Execution of Agreements. Any lease, agreement, contract, purchase order or
commitment shall be made and executed by Co -Owners either in their own names
or, if Approved by the Co -Owners, by the Project Manager on behalf of the Co -Owners.
3.7. Payment for Co -Owners' Services. Each of the Co -Owners shall contribute whatever time
may be required for the purposes of the Co -Ownership and the Project and no Co -Owner
nor any parties not dealing at arms' length with the Co -Owners or either of them,
shall make any charge to the Co -Ownership or the Project for any services
rendered except as may be contemplated in the Development Budget or as may
be specifically referred to herein or otherwise approved by the Co -Owners.
6
3.8. Income and Capital Taxes. The Co -Owners shall at all times during the term of this
Agreement keep separate their Interests for income and capital taxes purposes and shall
be separately responsible for the payment of any and all income and capital taxes
which may become due and payable as a result of their Interest.
4. MANAGEMENT AND CONTROL
4.1. Overall Control. The overall control of the Project will be vested in the Co -Owners
collectively. Except where expressly provided to the contrary in this Agreement, all
decisions with respect to the development, management and control of the Lands
and Centre that have been Approved by the Co -Owners shall be binding upon the
Co -Owners. The Co -Owners shall have a Project Manager of the Project designated
under Section 6.1 and the Project Manager shall have the duties and
responsibilities set forth in this Agreement.
4.2. Major Decisions. No act shall be taken, sum expended, decision made or obligation
incurred by the Project Manager or either Co -Owner with respect to a matter within the
scope of any of the major decisions enumerated below (the "Major Decisions"),
unless Approved by the Co -Owners or expressly delegated by the Co -Owners in
writing, except that if any Co -Owner is in default under this Agreement, the Co -Owner
which is not in default shall have the sole right to approve any Major Decisions. The Major
Decisions shall include:
(a) approval of the Project Plan, the Development Budget and any changes to the
Project Plan or Development Budget;
(b) financing or refinancing of any assets of the Co -Ownership;
(c) terminating or modifying the terms of any arrangement approved by the Co -
Owners if such termination or modification would result in a modified term
which, if it were a new arrangement, would have to be Approved by the Co -Owners;
(d) approval of final construction and engineering contracts, specifications and
drawings prior to the construction of any improvements contemplated thereby and
approval of any variation or modification of same deemed substantial by the
Architect at any time during construction;
(e) the awarding of any non -arms' length contract;
(f) making any material expenditure or incurring any obligation by or on behalf of the
Co -Ownership except for expenditures made and obligations incurred
pursuant to and as set forth in the Development Budget or in a Project Plan
Approved by the Co -Owners;
(g)
making any expenditure or incurring any obligation which when added to any other
expenditure for the fiscal year of the Co -Owner exceeds the Development Budget
forming part of a Project Plan Approved by the Co -Owners;
(h) any other decision or action which by any provision of this Agreement is
required to be Approved by the Co -Owners or which materially affects the Co -
Ownership or the assets or operations thereof.
7
4.3. Decision Making. All decisions of the Co -Owners shall be made in good faith and
in a timely manner. Any decision of the District may be made by the Director of
Licenses, Permits and Bylaws or his designate in writing on behalf of the District,
and any decision of the BC SPCA maybe made by the chief executive officer or his
designate in writing on behalf of the BC SPCA. The respective representatives of the
parties are empowered to bind such parties.
4.4. Project Steering Committee. The parties will establish a Construction Project
Steering Committee, to be comprised of the following: two members from the
District; two members from the BC SPCA; one shelter volunteer; one shelter staff
member; and the architect. Each Co -Owner will be entitled to replace its
representatives on the Construction Project Steering Committee from time to time or to
appoint an alternate and will advise the other Co -Owner of the identity and
address of its representative for notice purposes promptly after their appointment.
4.5. Role of the Construction Project Steering Committee. The Construction Project Steering
Committee shall act solely as an advisory group for the Project and shall have no
power to make decisions with respect to the development, management or control
of the Lands and the Project. The Construction Project Steering Committee may,
through its chair:
(a) meet with the Project Manager to receive and review progress reports with
respect to the Project;
(b) provide advice to the Co -Owners and the Project Manager with respect to the
Project; and
(c) report to the District, the BC SPCA and to the community with respect to the
progress of the Project from time to time.
5. FINANCIAL MATTERS
5.1. Financial Information: Financial statements with respect to the Project will be
prepared on an annual basis in accordance with generally acceptable accounting
principals within 120 days of the end of the calendar year in each year of the Term
of this Agreement. Such financial statements will be audited by the Auditor and will
include a balance sheet, statement of revenue and expenses, and shall require
the approval of both Co -Owners. Either Co -Owner may, at its expense, have the financial
statements reviewed or audited by its internal or external auditors. Any audit so initiated
will be undertaken at a time and in a manner that does not interfere with the operation
of the Project.
5.2. Development Cost Payments. The Project Manager shall, from time to time, advise the
Co -Owners of the contributions to the Development Costs required from each Co -
Owner. Each request shall be accompanied by a report from the Architect confirming
the amount and nature of construction costs and other Development Costs covered by
the payment request. It will further itemize by major category contained within the
Development Budget, an estimate of the percentage and cost of the construction
completed to date and the estimated cost to complete the Project and total cost of the
Project, all as certified by the Architect and as set out to the Co -Owners' satisfaction, such
information collectively referred to as the (the "Construction Certificate").
8
5.3. Timing of Contributions. On or before the later of June 30, 2009, and the thirtieth
(30th) day following the date the first Construction Certificate is delivered to the Co -
Owners, the Co -Owners will each contribute an amount equal to the 50% of the
value of the Development Costs to the date of the Construction Certificate. Thereafter,
the Co -Owners shall make its contributions to the Project Manager in payments not more
frequently than once each month within thirty (30) days of delivery of a duly
completed Construction Certificate accompanying each request for a contribution
advance. The contributions made by the Co -Owners shall be used solely to satisfy
amounts or obligations actually incurred or to be incurred for Development Costs,
including statutory lien holdbacks.
5.4. Net Profit: The Co -Owners will equally share in the net profit generated from the
provision of shelter services to any other municipality, person or organization and
the facility use fee which will be charged to third party users of the Centre. Such
services and facility usage must be mutually agreed upon in writing by the CO -
owners.
5.5. Access to Records. Within thirty (30) days of the preparation of the annual
financial statements for the Co -Ownership, the Project Manager shall provide the Co -
Owners with an accounting showing the Development Costs and the contributions made by
each Co -Owner in the fiscal year then ending. Each Co -Owner shal! furnish to the other Co -
Owner such information and documents respecting the Project as may be reasonably
required by such other Co -Owner, including without limitation such documents and
information as may be required in connection with the preparation of the Co -Owner's
tax returns or financial statements. Each Co -Owner shall have the right, through any
agent, employee or chartered accountant designated by it, at all reasonable times
during usual business hours to examine and make copies of extracts from the
books and records of the other Co -Owner which pertain to the Project. Each Co -
Owner shall bear all expenses incurred by it in any such examination or copying
made for its account.
5.6. Separate Liability and Limited Recourse By Third Parties. It is the intention of the
parties that every instrument, including development financing creating obligations of the
Co -Owners to third parties, shall contain provisions to the effect that only the Interest of
each Co -Owner will be bound thereby, the obligations thereunder are not otherwise
personally binding upon nor shall resort be had to any other property of the Co -
Owners and the obligations and liabilities of each Co -Owner thereunder shall be
several, and not joint or joint and several, and limited to the Co -Owners
Proportionate Share of the aggregate liability in respect thereof.
6. PROJECT MANAGEMENT
6.1. Project Manager. The Co -Owners shall select a qualified third party construction
manager as the Project Manager to supervise. the development of the Lands and
Centre in accordance with the terms of this Agreement. The Project Manager will
serve as the Project Manager until the appointment is terminatedin accordance
with Section 6.3 or this Agreement is terminated under Section 2.1. The Project
Manager will, subject to Section 4.2, and provided it acts substantially in
accordance with a Project Plan, be responsible for managing the development of the
Lands and Centre and the day-to-day activities and affairs of the Co -Owners in connection
with the Project and will be authorized for and on behalf of and in the name of the Co -
Owners to make all expenditures and incur all obligations and make all decisions
9
reasonably necessary for such purpose.
6.2. Duties of Project Manager. Subject to Section 4.2, the Project Manager shall:
(a) provide appropriate personnel to provide management supervision;
(b) prepare the Development Budget for the Project, maintain full financial records of all
of its transactions pertaining to the development of the Lands and Centre and cause
rnonthly financial statements to be prepared and delivered to the Co -Owners in
respect to its activities as Project Manager and ensure such books and
records are available for the inspection of either Co -Owner and its auditors and its
agents at all reasonable times;
(c) prepare, maintain and make such revisions to the Project Plan as are Approved
by the Co -Owners, so as to ensure that the Project is completed by the Estimated
Completion Date following the time periods and amounts laid out in the
Development Budget;
(d) negotiate from time to time contracts for the construction of services and
improvements to the Lands and Centre and supervise, coordinate and expedite
the activities of the contractor and consultants and ensure that all work is
carried out in a workmanlike and safe manner in accordance with the Project
Plan;
(e) to the extent that monies are available, cause to be paid as and when the same
become due all Development Costs;
(f)
(g)
provide regular status reports to the Co -Owners, which reports shall include a
report comparing actual progress to that budgeted or forecasted;
implement or cause to be implemented all decisions and determinations
Approved by the Co -Owners;
(h) co-ordinate and supervise all activities required to develop the Lands and
construct the Centre;
(i) agree that it is the primary contractor for the purposes of the Workers'
Compensation Act and Regulation. The Project Manager shall have a safety
program acceptable to the Workers' Compensation Board and shall ensure
that all Workers' Compensation Board safety rules and regulations are
observed during performance of this Agreement, not only by the Project
Manager but by all contractors, sub -contractors, workers, material personnel
and others engaged in the performance of the Agreement.
(j) indemnify and hold harmless the Co -Owners from all manner of claims, demands,
costs, losses, penalties and proceedings arising out of or in any way related to
unpaid Workers' Compensation Board assessments owing from any person
or corporation engaged in the performance of this Agreement or arising out
of or in any way related to the failure to observe safety rules, regulations and
practices of the Workers' Compensation Board, including penalties and fines
levied by the Workers' Compensation Board.
10
(k) indemnify and hold harmless the Co -Owners and their officers, employees and
elected officials from and against all actions, proceedings, claims, demands, losses,
costs, damages and expenses whatsoever, which may be brought against the Co -
Owners, their officers, directors, employees or elected officials, or which any of them
may sustain, incur, pay or be liable for, howsoever, arising from the negligence or
other fault of the Project Manager, its employees, agents, contractors or sub-
contractors in connection with the Project.
(I) at its own expense, provide and maintain insurances under the conditions
and in forms and amounts to be determined by the Co -Owners, including but
not limited to wrap up commercial general liability insurance, course of construction
builder's risk insurance, professional liability insurance and automobile liability
insurance. The Project Manager shall require and ensure that each contractor and
subcontractor maintain liability insurances comparable to that required of the
Project Manager.
6.3. Termination. The appointment of the Project Manager may be terminated by the
Co -Owners if:
(a) the Project Manager fails to materially perform any of its duties in the manner or
within the time required herein or commits or permits a material breach of or default
in any of its liabilities or obligations hereunder and fails to substantially cure or
remedy such failure, breach or default within 30 Business Days after written notice
by the Co -Owners specifying the nature of such failure, breach or default, or if
such breach or default cannot reasonably be cured within 30 Business Days,
fails to commence such cure or remedy within said period or at any time
thereafter fails to diligently prosecute such cure or remedy to completion; or
(b) the Project Manager abandons the management of the Project. For the
purposes of this provision any work stoppage on the Project as a result of the
act or failure to act of the Project Manager continuing for 90 consecutive
clays shall be deemed to constitute abandonment, provided that any work
stoppage as a result of the act or failure to act of a Co -Owner (including a
failure to make a payment or decision as required under this Agreement)
shall not constitute abandonment by the Project Manager.
6.4. Replacement Project Manager. If the appointment of the Project Manager is
terminated in accordance with Section 6.3, the Co -Owners shall appoint a
qualified third party construction manager as project manager to perform the
obligations of Project Manager under this Agreement.
7. TRANSFERS OR MORTGAGES OF CO -OWNER'S INTEREST
7.1. Restriction on Dispositions. Except as otherwise expressly provided in this
Agreement, should either Co -Owner wish to sell, transfer, assign, charge, pledge,
encumber or dispose of all or any part of its Interest or any interest in this
Agreement (a "Disposition"), either directly or indirectly, the other Co -Owner will
have the right of first refusal to purchase the interest of the Co -Owner for a price
equal to 50% of the then Fair Market Value for the Lands and Centre, as determined
by the provisions of Section 11.2. Should the other Co -Owner elect not to
purchase the Co -Owners interest in the Lands and Centre, the Disposition will
require prior written approval of the other Co -Owner, which approval may not be
11
unreasonably or arbitrarily withheld.
8. TERMINATION UNDER OPERATING AGREEMENT
8.1. Sale on Termination under Operating Agreement. In the event that either Co -Owner
chooses to exercise the termination clause contained in the Operating
Agreement, the other Co -Owner will have the right of first refusal for ninety days
from the date of notice of termination to purchase the interest of the terminating
Co -Owner for a price equal to 50% of the then Fair Market Value for the Lands and
Centre, as determined by the provisions of Section 11.2.
9. INDEMNITY AND INSURANCE
9.1. Indemnity. Each Co -Owner shall indemnify and hold harmless the other Co -Owner
and its officers, employees and elected officials from and against all actions,
proceedings, claims, demands, losses, costs, damages and expenses whatsoever, which
may be brought against the indemnified Co -Owner, its officers, employees or
elected officials, or which any of them may sustain, incur, pay or be liable for,
howsoever, arising from the negligence or other fault of the indemnifying Co -Owner, its
employees, agents or contractors in connection with the Project.
9.2. Insurance. Each Co -Owner shall, at its own expense, obtain and maintain during the
term of this Agreement comprehensive general liability insurance, in an amount not
less than five million dollars ($5,000,000) inclusive per occurrence, against claims for
bodily injury, including death, and property damage or loss arising out of the
exercise of the Co -Owners rights under this Agreement. Such coverage must name
the other Co -Owner as an additional insured, contain a cross liability clause and
provide that the said policy shall not be cancelled, lapsed or materially altered
without 30 days notice in writing to the other Co -Owner. The Co -Owner shall
annually furnish to the other Co -Owner a certificate of insurance or other evidence
acceptable to the other Co -Owner as proof of insurance coverage and, when
requested by the other Co -Owner, the Co -Owner shall provide certified copies of required
insurance policies.
10. DEFAULT OF CO-OWNER
10.1. Event of Default. The occurrence of any of the following events will constitute an Event of
Default in respect of a Co -Owner under this Agreement if:
(a) the Co -Owner fails to make any financial contribution or satisfy any obligation in
accordance with Sections 3.2, 5.3 and such default continues for a period of
30 Business Days; or
(b) the Co -Owner defaults in any other obligation or agreement contained in this
Agreement, including without limitation any obligation contained in the
Operating Agreement and such default continues for 45 Business Days after
notice to the Co -Owner of such default; or
(c) the Co -Owner makes an assignment for the benefit of creditors or makes an
assignment or has a receiving order made against it or makes application for
relief under any other statute now or hereafter in force concerning bankrupt
or insolvent debtors and such assignment is not set aside within 30 Business
12
Days; or
(d) the Co -Owner has a receiver or receiver manager appointed with respect to
all or substantially all of its assets or has all or a substantial part of its assets seized
by a secured creditor under legal process, and such appointment is not set aside
within 30 Business Days.
10.2. Rights Upon Default. If an Event of Default occurs in respect of a Co -Owner (the
"Defaulting Co -Owner"), the other Co -Owner shall be entitled to:
(a) bring any proceeding in the nature of specific performance, injunctive or
other equitable remedy, it being acknowledged by the Co -Owners that damages may
be an inadequate remedy for a default, breach or threatened breach of this
Agreement;
(b) remedy such default and any other default of the Defaulting Co -Owner and
thereupon shall be entitled upon demand to be reimbursed by the Defaulting
Co -Owner for any monies expended to remedy any such default and any other
expenses relating thereto, including legal fees on a solicitor and own client basis,
together with interest at the Prime Rate from the date such expense was incurred
until paid;
(c) bring any action at law or in equity as may be permitted in order to recover
damages; and
(d) invoke the provisions of Section 11.1.
11. BUY -SELL PROVISIONS ON DEFAULT
11.1. Mandatory Sale. If an Event of Default occurs in respect of a Co -Owner, the other Co -
Owner, in addition to any other right or remedy available to it, shall have the right, but not
the obligation, exercisable by notice to the Defaulting Co -Owner, to purchase the Interest
of the Defaulting Co -Owner in the Project for a price equal to 50% of the then Fair
Market Value for the Lands and Centre. The purchase and sale shall complete on
the date specified by the other Co -Owner in such notice, which shall not be later than 120
days after the determination of Fair Market Value pursuant to Section 11.2.
11.2. Fair Market Value. For the purpose of Section 7.1, Section 8.1 or Section 11.1, the
Fair Market Value of the Project shall be:
(a) as determined by agreement between the Co -Owners within 30 days of delivery
of the notice referred to in Section 8.1 or 11.1 as the case may be; or
(b) failing agreement under Subsection 11.2(a), determined as follows:
(i)
the Co -Owner invoking the sale of an Interest shall have the right to submit
a list within 20 Business Days of not less than four Appraisers and the
Non -Defaulting Co -Owner shall, within 20 Business Days of the receipt
of such list by the Defaulting Co -Owner, designate two of those
Appraisers to carry out an appraisal of the Project. If the Co-owner
invoking the sale of an interest fails to provide a list, the other Co-owner
may designate two Appraisers of his choosing;
13
(ii) each Co -Owner shall be given the opportunity to make a written
submission to the Appraisers and to respond in writing to the other Co -Owners'
written submission;
(iii) the Fair Market Value of the Project shall be based on the price which a
willing purchaser would be prepared to pay to a willing seller for the
Lands and Centre, taking into account any financial encumbrances if
the Lands and Centre was exposed on the open market, allowing a
reasonable time to find a purchaser with full knowledge of all of the uses to
which the Lands and Centre is capable of being used; and
(iv) the Fair Market Value of the Lands and Centre shall be the average of
the fair market values determined by the two Appraisers designated by the
Non -Defaulting Co -Owner under Section 11.2(b)(i).
The determination by the Appraisers in accordance with this Section shall be final
and binding on the Co -Owners. The cost of the appraisals shall be borne by the
Defaulting Co -Owner.
11.3. Priority of Notices. At any time after a notice has been given pursuant to Section
11.1 and until the aggregate periods of time specified for completion of the transaction in
respect of which notice was given has expired, no other notice under this Article may be
given or any other proceedings taken under this Agreement with respect to the
purchase and sale of the Interest.
12. CLOSING
12.1. Closing. The closing (in this Article, called the "Closing") of any sale of an Interest
shall, unless otherwise agreed between the purchasing Co -Owner and the selling
Co -Owner, take place at Maple Ridge, B..C., Canada, in the case of a sale under Article 11
on the date as stipulated pursuant to Section 11.1 and, in the case of any other sale, on
the day which is 60 Business days after the date on which the contract of sale is formed
or deemed to be formed or, if that day is not a Business Day, on the next Business Day.
12.2. Closing Procedures. At the Closing:
(a) the selling Co -Owner shall deliver to the purchasing Co -Owner, in registerable form
where applicable, a transfer of its Interest and discharges of any charges
against its Interest which are not Permitted Encumbrances together with
such instruments and documents as the purchasing Co -Owner may
reasonably require to effect the sale and purchase of the Interest of the selling Co -
Owner (in this Section, collectively called the "Transfer Documents") against payment
by the purchasing Co -Owner of the purchase price;
(b) the purchasing Co -Owner shall assume, from and after the Closing, all
obligations of the selling Co -Owner in connection with the Interest being
acquired which have been authorized by this Agreement or Approved by the
Co -Owners and shall indemnify the selling Co -Owner in connection therewith.
All adjustments shall be made as at the Closing, including a credit on account of
the purchase price of that part of the Project financing assumed by the purchasing
Co -Owner and any amounts due by the selling Co -Owner to the purchasing Co -Owner;
14
(c) if the selling Co -Owner is not represented at the Closing or is represented but fails to
produce and deliver the Transfer Documents to the purchasing Co -Owner, then the
purchase price may be deposited by the purchasing Co -Owner in an account at the
bank used by the purchasing Co -Owner in respect of the Project in the name
of the selling Co -Owner. Such deposit shall constitute valid and effective
payment of the purchase price to the selling Co -Owner even though the selling Co -
Owner has, in breach of this Agreement, encumbered or disposed of any of its
Interest and notwithstanding the fact that a conveyance or conveyances or
assignment or assignments for any of such Interest may have been delivered
in breach of this Agreement to any alleged pledgee, transferee or other
person. If the purchase price is deposited as aforesaid then, from and after
the date of such deposit, and even though the Transfer Documents have not
been delivered to the purchasing Co -Owner, the purchase of the Interest shall be
conclusively deemed to have been transferred and assigned to and become vested
in the purchasing Co -Owner and all right, title, benefit and interest, both in law and in
equity, of the selling Co -Owner, or of any transferee, assignee or any other
person having any interest, legal or equitable, therein or thereto shall cease
and determine, provided, however, that the selling Co -Owner shall be entitled
to receive the purchase price so deposited, with any interest earned, upon
delivery to the purchasing Co -Owner of the Transfer Documents.
13. ARBITRATION
13.1. Any controversy, dispute or claim between the parties hereto arising out of or
relating to this Agreement, or the breach, termination, or validity thereof (a "Dispute"),
shall be finally settled by arbitration in accordance with the Arbitration Act, effective as
of the commencement of the arbitration. The Notice of Intent to Arbitrate shall
contain the following:
(a) a description of the provision in this Agreement or other matter under which the
Dispute has arisen;
(b) a statement of the issue(s) in Dispute;
(c) a request that the Dispute be referred to arbitration;
(d) a description of the claim being made;
(e) a statement of the remedy being sought.
13.2. The Notice of Intent to Arbitrate and all other notices in an arbitration proceeding shall
be served by delivery to the addresses for notice in the manner set out in Section 16.1.
13.3. The arbitration shall be held in Maple Ridge unless the parties mutually agree to
have the arbitration held elsewhere.
13.4. Judgment upon the award made therein may be entered by any court having jurisdiction
thereof, provided, however, that nothing contained in this Clause shall be
construed to limit or preclude a party from bringing any action in any court of
competent jurisdiction for injunctive or other provisional relief to compel the other party to
comply with its obligations under this Agreement.
15
13.5. The arbitrator shall have no power to waive, alter, amend, revoke, or suspend any of the
provisions of this Agreement, provided, however, that the arbitrator shall have the power
to decide all questions with respect to the interpretation and validity of this clause.
13.6. A party may appeal an award to the Court on a question of law only.
13.7. The arbitrator shall award the prevailing party full compensation for all costs and
expenses of the arbitrator, cost and fees of the proceedings and solicitor -client
costs and expenses.
13.8. An award shall be made by the arbitrator within 30 days of the Arbitration hearing.
14. NO PARTITION
14.1. No Partition. No Co -Owner shall have the right to partition, nor shall any Co -Owner
make any application to any court or other authority having jurisdiction over the matter, or
commence or prosecute any proceedings, for the partition, or the partition and sale, of
the Lands or Centre or any part thereof. In the event of any breach of the provisions of
this Section by a Co -Owner, the other Co -Owner shall, in addition to all rights and remedies
at law or in equity to which it is otherwise entitled, be entitled to a decree or order
perpetually restraining and enjoining such partition, application, action or other
proceedings, and the first mentioned Co -Owner shall not plead in defense thereto
that there would be an adequate remedy at law, it being acknowledged by all
parties hereto that the injury and damages flowing from any such breach would be
impossible to measure monetarily.
15.A000UNTS, RECORDS AND PLANS
15.1. Accounts and Records. The Co -Owners will cause the Project Manager to maintain
appropriate and proper books of account, records and documents of all
transactions relating to the Project.
15.2. Ownership of Plans. All plans and specifications and all copies thereof and all models
with respect to the Project shall be the property of the Co -Owners.
16. GENERAL PROVISIONS
16.1. Notices. Any notice, document or communication required or permitted to be given
hereunder shall be in writing and delivered by hand or by facsimile to the party to
which it is to be given as follows:
To: District of Maple Ridge
11995 Haney Place
Maple Ridge, B.C.
V2X 6A9
Fax: 604-466-4327
Attention: Director of Licences, Permits & Bylaws
16
To: the BC SPCA
1245 East 7th Avenue
Vancouver, B.C.
V5T 1R1
Fax: 604 6817022
Attention: Chief Executive Officer
or to such other address or facsimile number as a party may
advise by notice given in accordance with this Section. Any
such notice, document or communication shall be deemed
to have been given when delivered or transmitted.
16.2. Time. Time shall be of the essence of this Agreement.
16.3. Invalidity. If any covenant, obligation or agreement or part thereof or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable,
the remainder of this Agreement or the application of such covenant, obligation or
agreement or part thereof to any person or circumstance other than those to which it
is held invalid or unenforceable shall not be affected thereby. Each covenant, obligation
and agreement in this Agreement shall be separately valid and enforceable to the fullest
extent permitted by law.
16.4. Further Assurances. Each of the parties will execute and deliver all such further
documents and do such further acts and things as may be reasonably required from
time to time to give effect to this Agreement and will from time to time, upon the request
of the other party enter into agreements in registerable form setting forth those
portions of this Agreement where registration would be advisable or required to protect the
interest of the Co -Owners against third parties.
16.5. Remedies Cumulative. No remedy under this Agreement shall be deemed to be
exclusive and a party may from time to time have recourse to one or more of all of
the available remedies under this Agreement either at law or in equity.
16.6. Waiver. No consent to or waiver of any breach or default by a party in the performance of
its obligations hereunder shall be deemed or construed to be a consent or waiver of any
other breach or default in the performance by such party of the same or any other
obligation of such party. Failure on the part of any party to complain of any act or
failure to act of any other party or to declare the other party in default, irrespective
of how long such failure continues, shall not constitute a waiver by such party of
its rights hereunder.
16.7. Entire Agreement. This Agreement constitutes the entire agreement among the
parties pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements, understanding, negotiations, and discussions,
whether oral or written, of the parties with respect to the subject matter hereof and there
are no warranties, representations or other agreements among the parties in
connection with the subject matter hereof except as specifically set forth herein.
16.8. Amendments. This Agreement may not be modified, supplemented or amended
except with the written agreement of the parties hereto.
17
16.9. Binding Effect. This Agreement shall ensure to the benefit of and be binding upon the
parties and, to the extent that they are permitted, their respective successors and assigns.
16.10. Counterparts and Formal Date. This Agreement maybe executed in counterparts,
each of which when so executed shall be deemed to be an original and such
counterparts together shall constitute one and the same instrument and
notwithstanding the date of execution shall be deemed to bear the date written in
the beginning of this Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto duly executed this Agreement as
of the day and year first above written.
THE DISTRICT OF MAPLE RIDGE THE BRITISH COLUMBIA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
Per: Per:
Per:
Y:\Property Management\Contracts & Agreements\SPCA_DMR_Agreement8.doc
18
SCHEDULE 'A'
SPCA
CONTRACT FOR SERVICES
THIS AGREEMENT made the day of,lcGf 2007
BETWEEN:
AND:
THE DISTRICT OF MAPLE RIDGE, a District Municipality
under the Municipal Act, RSBC, 1979, Chp 290 and having
its offices at 11995 Haney Place, in the Municipality of
Maple Ridge, in the Province of British Columbia, V2X 6A9;
(hereinafter called the "District")
OF THE FIRST PART
THE BRITISH COLUMBIA SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, duly constituted under the
Prevention of Cruelty to Animals Act, RS Chp 372 1996, and
having its head office at 1245 7 Ave E, Vancouver, in the
Province of British Columbia, V5T 1R1 and having a local
shelter office at 10235 Industrial Avenue, Maple Ridge;
(hereinafter called the "SPCA")
OF THE SECOND PART
WHEREAS the District recognizes the commitment, excellence and dedication of the SPCA;
AND WHEREAS, both the District and the SPCA want their relationship formalized in order to
assist them in the budgeting and planning of their respective operations;
THIS AGREEMENT WITNESSETH in consideration of the premises and of the covenants and
agreements of the parties hereto, the parties hereto agree as follows:
-1-
Definitions
1. In this Agreement, unless the context otherwise requires:
"animal control services" means all the work and services required to be
performed by the SPCA under this agreement.
"bylaws" means the District of Maple Ridge dog licensing and animal control
bylaws; and the District of Maple Ridge cat spaying and neutering bylaw.
"shelter" means the District of Maple Ridge animal shelter presently located
at 10235 Industrial Avenue, Maple Ridge.
"pound" means the District of Maple Ridge animal shelter located at 10235
Industrial Avenue, Maple Ridge.
Any word or term not otherwise defined has the meaning given to it in the
District's animal control bylaw.
Scope
2. The scope of the agreement includes but is not limited to seven broad
objectives:
a) to ensure public safety with respect to contact with animals.
b) to address all public concerns relating to "nuisance" caused by
domestic animals (for the purposes of this agreement "domestic
animals" shall include dogs and cats);
c) to ensure the humane treatment of animals within the District;
d) to provide broad ranging and quality public education in order to
facilitate the above;
e) to partner with the District in providing quality dog control services.
f) to implement and maintain a comprehensive volunteer program,
including, without limitation, dog walking, dog grooming, adoption
assistance, fostering and humane education.
g) to liaise and where feasible, collaborate with other local or regional
groups involved in animal welfare.
Term
3. The term of this Agreement shall be for five (5) years from January 1, 2007,
to December 31, 2011, inclusive.
-2-
Performance of Services
4. The SPCA shall perform animal control services for the term in accordance
with the terms and conditions set out in this agreement.
Duties of the SPCA
5. The SPCA acknowledges that the District has appointed the SPCA as the
poundkeeper of the District under the bylaw, and the SPCA agrees to exercise the
powers and perform all the duties of the poundkeeper as set out in the bylaw. This
includes without limitation the following:
a) to exercise the powers and perform the duties of animal control services as
set out in the bylaws; in and for the District at any and all times during the
term of this agreement and without limiting the generality of the foregoing to
pick up or receive and impound, hold for claim by the owners or attendant in
care, and dispose of by adoption or transfer, unlicensed stray dogs and
licensed dogs or other domestic animals;
b) to provide food, water, shelter and veterinary care, where appropriate to all
animals received at the shelter;
c) enforce all laws and bylaws and regulations in effect from time to time of
local, provincial and federal authorities having jurisdiction pertaining to the
control of animals; within the agreed response times and parameters
established between the District and the SPCA
d) respond, investigate and attend to complaints from the public regarding dogs
at Targe or unlicensed or otherwise in contravention of the bylaw within the
agreed response times and parameters established between the District and
the SPCA;
e) to provide the necessary communications equipment for two-way radio
communication together with a base station, telephone recorder and mobile
equipment as necessary in the performance of animal control services;
f) respond, investigate and attend to any complaint alleging a vicious or
dangerous dog running at large, as defined by the bylaw, within the agreed
response times and parameters established between the District and the
SPCA;
g)
maintain regular contact with the Bylaw Enforcement Department and the
RCMP in order to maintain a cooperative working relationship that provides
seamless delivery of animal control services. This includes the exchange of
after hours telephone numbers of local personnel for 24 hour emergency
response;
h) responsible for operation of shelter including payment of all operating costs;
-3-
In Addition The SPCA Will Provide The Following Services:
Shelter Operations/Animal Care
1) the shelter will accept all stray or homeless domestic animals to the best of
its ability.
2) all animals at the shelter will be provided on a daily basis with good quality
food which meets all the protein requirements and sustenance required to
keep the animal in good health.
3) all animals will be monitored daily in relation to the animals medical
condition and those animals who appear sick will immediately receive
appropriate veterinary care. The SPCA undertakes to have a certified Animal
Health Technician examine each animal at the shelter a minimum of once per
week.
4) all animals entering the shelter will be appropriately vaccinated with the
exception of very young animals and nursing mothers.
5) all animals requiring medical attention beyond the scope of SPCA staff will be
taken to a veterinarian for treatment.
6) all animals at the shelter will be exercised regularly.
7) the euthanasia of animals received by the SPCA will be restricted to those
animals in critical distress under the Prevention of Cruelty to Animals Act,
who are terminally ill with no hope of recovery; the animal is aged in the
sense that it has lost control of normal faculties; the animal is extremely
aggressive and as such poses a danger to the public. Records of all animals
euthanized, along with the reason for the procedure, will be submitted to the
District of Maple Ridge.
Shelter Operations/Adoptions
1) the SPCA will promote and operate an animal adoption program. The SPCA
will be expected to aggressively promote the adoption program by way of its
own Website, the District of Maple Ridge Website, community service
announcement programs, written materials, public event attendance and
other effective means.
2) A pre -adoption form satisfactory to the District of Maple Ridge must be
completed by all applicants prior to an adoption and all applicants must meet
all requirements highlighted on the adoption application.
3) the SPCA will ensure the following measures are carried out for each animal
prior to the adoption:
- the animal is spayed/neutered
- micro -chipping of the animal/or
-4-
tattooing of the animal
literature is provided on proper care and handling for the specific animal
species being adopted.
-- a short checklist on each animal noting any obvious traits is provided to
prospective owners.
Shelter Operations/Volunteer Management
1) the SPCA will operate a volunteer program to operate from the shelter.
2) the SPCA will designate a staff person at the shelter to act in the capacity of
volunteer coordinator and this individual will be trained in the area of
volunteer coordination. The SPCA furthermore undertakes to involve its
General Manager: Volunteer Development in the further development of the
volunteer program within the District.
3) volunteer programs including dog walking; dog and cat grooming; shelter
maintenance/cleaning including kennels; food preparation/feeding; foster
parents; animal adoptions; office assistants; and others where appropriate
will be available at the shelter.
4) all volunteers will be screened for suitability with the aid of a screening form
designed by the SPCA for all volunteer positions. All volunteers will abide by
the terms and conditions established by the Society from time to time.
5) job descriptions/orientation sheets for each volunteer position will be
available and will include the duties of the position and the expectations and
responsibilities of the SPCA.
6) volunteer recognition programs and events will be held regularly.
Shelter Operations/Customer Service/Staff Qualifications
1) all employees at the shelter will provide excellent customer service and
the SPCA will develop a procedure for encouraging customer feedback
including the development of customer feedback forms and procedures
acceptable to the District of Maple Ridge for the tracking and resolution of
customer complaints. Quarterly reports detailing customer
complaints/resolutions will be forwarded to the District of Maple Ridge.
2) the SPCA will maintain a telephone information line to provide after hours
information on shelter operating hours, emergency phone numbers, 24 hour
veterinary service providers, and other relevant information.
3) the SPCA will provide information to the general public on how to properly
care for their animal by way of its own Website, the municipal Website and
written materials available at the shelter and other public facilities.
4) Where appropriate all employees working at the shelter will have received
training in animal control and welfare from a recognized institution/program
and/or receive ongoing training as necessary.
-5-
5) the SPCA will ensure all employees at the shelter receive regular performance
evaluations.
Hours of Operation and Staffing
6. The animal shelter will be open to the public from 9:00 am until 6:00 pm Monday to
Friday and 9:00 am to 5:00 pm Saturday and Sunday excluding statutory holidays.
Staff will be available to respond to emergencies including dangerous/vicious dogs at
large; injured animals; other calls requiring immediate attention 24 hours per day
seven days per week.
The staff operating from the shelter will include a half time shelter manager, 1.5
Animal Control Officer II, .5 Animal Control Officer I, 1.4 Animal Care Attendants, .2
Animal Health Technician and a full time receptionist. The SPCA also agrees to
investigate incidents of animal cruelty in the District.
Fees Collected by the SPCA
7. The SPCA will retain all fees collected at the animal shelter with the exception of the
licence fees which will be remitted to the District on the first day of each month.
Payment
8. Subject to the terms and conditions of this Agreement, and in consideration of the
performance of the services set out in Section 5 above, the District shall pay to the
SPCA:
a) For the period commencing January 1, 2007, and ending December
31, 2007, the amount of Twenty One Thousand Sixty Dollars
($21,060.00), monthly, payable on the first day of each month.
b) For the period commencing January 1, 2008, and ending December
31, 2008, the amount of Twenty One Thousand Six Hundred and
Ninety Two Dollars ($21,692.00), monthly, payable on the first day of
each month.
c) For the period commencing January 1, 2009, and ending December
31, 2009, Twenty Two Thousand Three Hundred Forty Three Dollars
($22,343.00), monthly, payable on the first day of each month.
d) For the period commencing January 1, 2010, and ending December
31, 2010, Twenty Three Thousand Thirteen Dollars ($23,013.00),
monthly, payable on the first day of each month.
For the period commencing January 1, 2011, and ending December
31, 2011, Twenty Three Thousand Seven Hundred Three Dollars
($23,703.00), monthly, payable on the first day of each month.
-6-
f) The District of Maple Ridge will provide .65 cents per pound for the
incineration of pathological waste as a result of dead animals
received by the shelter or animals euthanized at the shelter.
Financial Statements
9. The SPCA will provide to the District:
a) an annual Business Plan developed by and for the shelter in a form
acceptable to the District by November 31, 2007, the first year of this
agreement, and by November 31, preceding the business plan year,
for each subsequent year, and
b) an annual financial budget for the total shelter/pound
operation by November 31, 2007, the first year of this
Agreement, and by November3l preceding the budget year,
for each subsequent year; and
c) annual financial statements (with budget and prior year
comparisons) no later than 180 days after the fiscal year end
of the SPCA.
d) a statement of annual donations submitted to the SPCA by
Maple Ridge residents and a statement of designated
bequests for use in local animal humane activities
Operating Reports
10. The SPCA will provide monthly and annual operating reports which will contain the
following:
a) numbers of animals by type:
(i) received by the shelter
(ii) adopted
(iii) returned to owner
(iv) transferred to other shelters
(v) euthanized
(vi) picked up dead
(vii) carried forward
(viii) complaints on dogs at large
(ix) other (as outlined in the SPCA proposal for service
provision)
b) a breakdown of the numbers in (a) that relate to the pound
operation;
c) a breakdown of the animals in (a)(v) that were reasonably not
adoptable due to health or old age;
-7-
d) updates on significant issues and events at the shelter for the
report period.
A representative of the SPCA will make semi annual presentations to the municipal
Council on issues relating to animal services within the District including updates on
the operation of the shelter, volunteer activities, public comments and other
significant issues. An annual written summary will also be provided.
Insurance
11. The SPCA must obtain and maintain in force for the term:
a) Comprehensive General Liability Insurance coverage in the amount of
Five Million Dollars ($5,000,000.00) for each occurrence for bodily
injury, death or property damage on an all risk occurrence basis. The
said coverage must include coverage for all SPCA volunteers.
b) The SPCA agrees to obtain and maintain during the term of this
Agreement, in the name of the SPCA, at the SPCA's expense,
insurance on all the SPCA's equipment, including motor vehicles,
sufficient to replace the equipment as well as liability and collision
insurance in an amount acceptable to the District.
c) The SPCA will name the District as an additional insured on all
insurance policies and the insurance shall contain a provision that
the insurance shall apply as though a separate policy has been
issued to each named insured. If the SPCA fails to obtain the
required insurance, the District may obtain and maintain such
insurance policies in the name of the SPCA and the SPCA hereby
appoints the District as its true and lawful attorney to do all things
necessary for the purpose. All moneys expended by the District for
insurance under this section must be paid by the SPCA upon invoice
from the District.
d) Each policy of insurance mentioned above, must provide that it
cannot be cancelled, lapsed or materially altered without at least
thirty (30) days notice in writing to the District by registered mail.
e) The District will require the SPCA to handle any claims made against
the SPCA and make full compensation for any injury or damage done
to or sustained by the District or any person or persons or any
building or thing or any other property whatsoever and- settle all
claims in respect thereof and indemnify, protect and save harmless
the District from and against all claims, demands, suits or actions of
every kind, description and nature whatsoever arising out of or in any
connection with the fulfilment of the contract including costs incurred
by the District for defence of any such claims and in respect of
anything done, suffered or omitted in the execution of or in
connection with the contract.
-8-
f) The SPCA agrees to provide to the District proof of the above
mentioned insurance before commencing any work under this
Agreement.
General Provisions
12. This Agreement shall not be assigned in whole or in part by the SPCA, without
the prior written consent of the District and any assignment made without
that consent is void and of no effect.
13. This is an Agreement for the performance of services and the SPCA is
engaged under the Agreement as an independent contractor for the sole
purpose of providing the services. Neither the SPCA nor any of the SPCA's
members are engaged under this Contract as an employee, servant or agent
of the District.
14. The SPCA agrees to be solely responsible for any and all payments and
deductions required to be made by law including those required for Canada
or Quebec Pension Plans, Unemployment Insurance, Worker's Compensation,
Goods and Services Tax or Income Tax.
15. The SPCA shall not represent itself to be nor in any way hold itself out to be
an employee or agent of the District.
16. This agreement may not be amended nor modified nor shall any of its terms
and conditions be waived except by subsequent agreement in writing
executed by both parties.
17. Any notice, request, direction or other communication desired or required to
be given or made hereunder by either party shall be given or made in writing
and may be served on the District or the SPCA by registered mail to the
District or to the SPCA at the address shown on page 1 of this contract,
respectively, and any notice, request, direction or other communication so
given or made shall be deemed to have been effectively given
a) if served personally, on the day it is delivered; and
b) if forwarded by registered mail, when the postal receipt is
acknowledged by the other party.
18. This agreement constitutes the entire agreement between the parties with
respect to the subject matter of the contract and supersedes all previous
negotiations, communications and other agreements relating to it unless they
are incorporated by 'reference herein.
19. The SPCA acknowledges that the buildings situate on the property at 10235
Industrial Avenue forms part of the lands and premises, the registered owner
of which is the District
- 9 -
20. The SPCA agrees that the District may inspect, review, possess or copy
records created, received, and/or acquired that are directly related to the
provision of animal control services as set out in this agreement.
Termination
21. This agreement may be terminated by either party only upon the breach of a
fundamental term of this agreement and once ninety (90) days notice is
provided to the other party. The District shall pay the SPCA for the services
satisfactorily performed to the termination date.
22. This agreement may be terminated by either party without cause once six
months notice is provided to the other party. The District shall pay the SPCA
for services satisfactorily performed to the termination date.
IN WITNESS WHEREOF the parties hereto have executed this agreement as
of the day and year first above written.
The Corporate Seal of THE DISTRICT OF
MAPLE RIDG=s hereunto affixed in
the presenof
CERI E. MARLO
CORPORATE OFFICER
The authorized signatory for BRITISH
COLUMBIA SOCIETY FOR PREVENTION OF
CRUELTY to ANIMALS signed this
agreement in the presence of:
u 5C/7•
Witness' Name
/ "INie
'Ad d ress
C7 t73
Occupation
- 10 -
orized Sign
ry
Authorized Signatory
MAPLE RIDGE
Brilish Goiumbia
Deep Roots
Greater Heights
TO:
FROM:
District of Maple Ridge
His Worship Mayor Ernie Daykin DATE: April 16, 2008
and Members of Council
Chief Administrative Officer ATTN: Committee of the Whole
SUBJECT: 2009 Tax Rates Bylaw No. 6663-2009
EXECUTIVE SUMMARY:
The 2009 Property Tax Rates Bylaw needs to be adopted prior to May 15th. The tax rates reflect the
direction that Council provided and were reflected in the approved 2009 Business Planning Guidelines,
the business planning proceedings and the Financial Plan Bylaw.
Over the last year or so, there have been reviews and discussions with Council and the Finance and Audit
Committee on the Major Industrial Class tax rate. The direction from Council was to reduce the 2009
taxes for Major Industrial Class by 5%. This adjustment does not translate into a larger tax increase to
other property classes as the revenue shortfall will be made up by tax revenue generated by new
construction exceeding what was anticipated.
Municipal property tax rates continue to be set using the same methodology and policy that Council has
set and reviewed. The methodology being that tax rates are adjusted for any assessment changes that are
market related and then the planned tax increase is applied. In 2009 the province introduced legislation to
temporarily freeze assessment increases. This nearly eliminates the rate adjustment due to market
changes and means that the relative tax increase will be very similar across almost all properties.
RECOMMENDATION:
That Maple Ridge Tax Rates Bylaw No. 6663-2009 be given first, second and third readings.
DISCUSSION:
The increases in 2009 taxation revenue which were confirmed during business planning and incorporated
into the Financial Plan include:
• 3% for general purposes and 1% for the infrastructure sustainability
• $600,000 plus growth for the Fire Service Improvement Levy
• A reduction of the 2009 Major Industrial tax rate of 5%
1133
There have been several initiatives from the province that impact property taxation or property
assessments including:
• A temporary property tax deferment program allows people who attest that they are
experiencing serious financial difficulties due to current economic conditions, to defer
their property tax payment for each of the next two years.
• A 50 percent provincial Industrial Property Tax Credit for major industrial and light
industrial properties.
• A one year freeze on property assessment increases on properties that assessments are not
otherwise regulated.
We have received the Property Assessment Roll from BC Assessment and this information is used in
establishing the tax rates. Council policy is to reduce the property taxes to reflect average market value
increases in each property class and this policy has been applied to calculate the municipal tax rates
included in the attached bylaws. Due to the provincial freeze on assessment increases, the rate adjustment
due to market change was minimal. The tax rate increase due to the market adjustment in the residential
class was 0.4%.
Once the tax rates are adjusted for market change, the rates are increased based on the additional revenue
requirements incorporated in the Financial Plan. The assessment freeze means the variability in the tax
increases for individual properties will be much less this year as almost all property's assessments have
been frozen at last years assessed values.
It should be noted that our tax rates bylaw also includes the levies for other jurisdictions. We have no say
in the amount of these levies or the methodology used in the calculations. For illustrative purposes, the
average residence and sample property comparisons can be found in the appendices. School tax rates are
not yet known and are typically not included in this bylaw. For illustrative purposes calculations in the
appendices use the 2008 school tax rate.
The Business and Light Industry Class are treated as a composite resulting in Municipal tax rates that are
identical. Staff will continue to review property taxes and the distribution between property classes to
ensure that tax rates remain competitive.
CONCLUSIONS:
The property tax rates are reflective of the decisions made during the public process of business planning
and decisions that are incorporated in the Financial Plan.
l 7�
Prepared by: Trevor homes on, BBA, CGA
Manager of Financial Planning
Approved by: Paul Gill, BBA, CGA
Genera -N eager Corporate & Financial Services
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
Appendix A — Average Composite Residence
Property Tax Comparison
2009 Average Residence (includes strata)
2009 Assessed Value: $ 398,838
Average Home Municipal Levies: 2009 2008 Increase % Change
General Purpose $ 1,328.53 $ 1,277.38 $ 51.15 4.00%
Average Home Other Municipal Charges:
Recycling (fixed rate) $ 59.51 $ 56.95 $ 2.56 4.50%
Water (fixed rate) $ 348.10 $ 319.40 $ 28.70 8.99%
Sewer (fixed rate) $ 261.60 $ 250.85 $ 10.75 4.29% *
Fire Service Improvement Levy $ 95.28 $ 76.32 $ 18.96 24.84%
Municipal, Recycling, Utilities, Fire $ 2,093.02 $ 1,980.90 $ 112.12 5.66%
Average Home Other Agency Levies:
BCAA, MFA, GVRD $ 52.01 $ 50.93 $ 1.08 2.12%
Translink $ 146.65 $ 135.38 $ 11.27 8.32%
School Tax $ 798.39 $ 801.54 0.39%
Less: Home Owner Grant $ (570.00) $ (570.00)
Net School Tax $ 228.39 $ 231.54 $ (3.15) -1.36%
Total Property Taxes $ 2,520.07 $ 2,398.75 $ 121.32 5.06%
* Sewer rates include an increase of 5% for user fees and no change in the parcel charge of $35.00.
** School Tax rates for 2009 are not known yet so the 2008 rates were used for both 2008 and 2009.
Appendix B - Sample Tax Properties
Sample 1 - Silver Valley
2009 Assessed Value: 703,000
2008 Assessed Value: 722,000
Percentage Change: -2.63%
2009
2008
Change
°%
%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 2,342
$ 2,303
$ 39
1.7%
Fire Services Improvement Levy
168
138
30
21.7%
Recycling Levies
60
57
3
5.3%
Utilities
348
319
29
9.1%
0.0%
2,918
2,817
101
3.6%
Other Agency Levies: Other Agency Levies
350
336
14
4.2%
School Tax *
1,407
1,445
(38)
-
Less: Home Owner's Grant
570
570
-
-
837
875
(38)
-43%
Total Taxes
$ 4,105
$ 4,028
77
1.9%
Sample 2 - Albion / Kanalra
2009 Assessed Value: 516,000
2008 Assessed Value: 516,000
Percentage Change: 0.00%
2009
2008
Change
%
%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 1,719
$ 1,646
$ 73
4.4%
Fire Services Improvement Levy
123
98
25
25.5%
Recycling Levies
60
57
3
5.3%
Utilities
610
570
40
7.0%
0.0%
2,512
2,371
141
5.9%
Other Agency Levies: Other Agency Levies
257
240
17
7.1%
School Tax *
1,033
1,033
-
-
Less: Home Owner's Grant
570
570
-
-
463
463
-
0.0%
Total Taxes
$ 3,232
$ 3,074
158
5,1%
Sample 3 - Whonnnek
2009 Assessed Value: 532,000
2008 Assessed Value: 532,000
Percentage Change: 0.00%
2009
2008
Change
%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 1,772
$ 1,697
$ 75
4.4%
Fire Services Improvement Levy
127
101
26
25.7%
Recycling Levies
29
28
1
3.6%
Utilities
-
--
0.0%
1,928
1,826
102
5.6%
Other Agency Levies: Other Agency Levies
265
248
17
6.9%
School Tax *
1,065
1,065
-
Less: Home Owners Grant
570
570
-
495
495
-
0.0%
Total Taxes
$ 2,688
$ 2.569
119
4.6%
* School Tax rate for 2009 not known yet
Sample 4 - Central Maple Ridge
2009 Assessed Value: 387,000
2008 Assessed Value: 387,000
Percentage Change: 0.00%
2009
2008
Change
%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 1,289
$ 1,235
S 54
4.4%
Fire Services Improvement Levy
92
74
18
24.3%
Recycling Levies
60
57
3
5.3%
Utilities
610
570
40
7.0%
7.0%
2,051
1,936
115
5.9%
Other Agency Levies: Other Agency Levies
193
180
13
7.2%
School Tax *
775
775
-
-
Less: Home Owners Grant
570
570
-
-
205
205
-
0.0%
Total Taxes
$ 2,449
$ 2,321
128
5.5%
Sample 5 - Central Maple Ridge Strata Property
2009 Assessed Value: 262,600
2008 Assessed Value: 262,600
Percentage Change: 0.00%
2009
2008
Change
Change
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 875
$ 838
$ 37
4.4%
Fire Services Improvement Levy
63
50
13
26.0%
Recycling Levies
30
29
1
3.4%
Utilities
610
570
40
7.0°/0
7.0%
1,578
1,487
91
6.1%
Other Agency Levies: Other Agency Levies
131
122
9
7.4%
School Tax *
526
526
-
-
Less: Home Owners Grant
570
570
-
-
L ]
(441
-
0.0°/0
Total Taxes
$ 1,665
$ 1.565
100
6.4%
Sample 6 - West Maple Ridge
2009 Assessed Value: 562,000
2008 Assessed Value: 562,000
Percentage Change: 0.00%
2009
2008
Change
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 1,872
$ 1,793
$ 79
4.4%
Fire Services Improvement Levy
134
107
27
25.2%
Recycling Levies
60
57
3
5.3%
Utilities
610
570
40
7.0%
2,676
2,527
149
5.9%
Other Agency Levies: Other Agency Levies
280
261
19
7.3%
School Tax *
1,125
1,125
-
Less: Home Owners Grant
570
570
-
555
555
-
0.0°/0
Total Taxes
$ 3.511
S 3.343
168
5.0°I0
* School Tax rate for 2009 not known yet
Sample 7 - Lower Hammond Property
2009 Assessed Value: 239,600
2008 Assessed Value: 239,600
Percentage Change: 0.00%
2009
2008
Change
%
2009
2008
Change
%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 798
$ 764
$ 34
4.5%
Fire Services Improvement Levy
57
46
11
23.9%
Recycling Levies
60
57
3
5.3%
Utilities
610
570
40
7.0%
Utilities
1,525
1,437
88
6.1%
Other Agency Levies: Other Agency Levies
119
111
8
7.2%
School Tax *
480
480
-
6.63%
Less: Home Owner's Grant
570
570
-
Less: Home Owner's Grant
(90)
(9 0)
-
0.0%
Total Taxes
$ 1,554
$ 1,458
96
6.6%
Sample 8 - Upper Hammond Property
2009 Assessed Value: 460,000
2008 Assessed Value: 460,000
Percentage Change: 0.00%
2009
2008
Change
%
2009
2008
Change
%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$ 1,532
$ 1,467
$ 65
4.4%
Fire Services Improvement Levy
110
88
22
25.0%
Recycling Levies
60
57
3
5.3%
Utilities
610
570
40
7.0%
Utilities
2,312
2,182
130
6.0%
Other Agency Levies: Other Agency Levies
229
214
15
7.0%
School Tax *
921
921
-
6.63%
Less: Home Owner's Grant
570
570
-
Less: Home Owner's Grant
351
351
-
0.0%
Total Taxes
$ 2,892
$ 2.747
145
5.3%
Sample 9 - Maple Ridge Average based on BCAA Market Decrease of 0.39%
2009 Assessed Value: 398,838
2008 Assessed Value: 400,408
2009
2008
Change
%
Percentage Change: -0.39%
Municipal Council Levies: Gen Purpose, Debt & Library Levy
$1,328.53
$ 1,277.38
$ 51.15
4.00%
Fire Services Improvement Levy
95.28
76.32
18.96
24.84%
Recycling Levies
59.51
56.95
2.56
4.50%
Utilities
609.70
57025
39.45
6.92%
2,093.02
1,980.90
1 12.12
5.66%
Other Agency Levies: Other Agency Levies
198.66
186.31
12.35
6.63%
School Tax *
798.39
801.54
(3.15)
Less: Home Owner's Grant
570.00
570.00
-
228.39
231.54
(3.15)
-L36%
Total Taxes
L$2,520.07
$ 2,398.75
121.32
5.06%
* School Tax rate for 2009 not known yet
THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6663-2009
A bylaw to establish tax rates for Municipal, Improvement District
and Regional District purposes for the year 2009
WHEREAS pursuant to provisions in the Community Charter Council must, by bylaw, establish tax
rates;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as
follows:
1. This Bylaw may be cited for all purposes as "Maple Ridge Tax Rates Bylaw No.
6663 - 2009".
2. The following rates are hereby imposed and levied for the year 2009:
(a) For all lawful general purposes of the municipality on the assessed value of
land and improvements taxable for general municipal purposes, rates
appearing in Row "A" of Schedule "A" attached hereto and forming a part
hereof.
(b) For the purposes of improving fire services the assessed value of land and
improvements taxable for general municipal purposes, rates appearing in
Row "B" of Schedule "A" attached hereto and forming a part hereof.
(c) For purposes of the British Columbia Assessment Authority on the assessed
value of land and improvements taxable for regional hospital district
purposes, rates appearing in Row "A" of Schedule "B" attached hereto and
forming a part hereof.
(d) For purposes of the Municipal Finance Authority on the assessed value of
land and improvements taxable for regional hospital district purposes, rates
appearing in Row "B" of Schedule "B" attached hereto and forming a part
hereof.
(e) For purposes of the Greater Vancouver Transportation Authority on the
assessed value of land and improvements taxable for regional hospital
district purposes, rates appearing in Row "C" of Schedule "B" attached
hereto and forming a part hereof.
(f)
For purposes of the Greater Vancouver Regional District on the assessed
value of land and improvements taxable for regional hospital district
purposes, rates appearing in Row "D" of Schedule "B" attached hereto and
forming a part hereof.
Bylaw No. 6663 - 2009
Page (2)
The minimum amount of taxation upon a parcel of real property shall be One Dollar
($1.00).
READ a first time the day of 2009.
READ a second time the day of 2009.
READ a third time the day of 2009.
RECONSIDERED AND FINALLY ADOPTED the day of 2009.
PRESIDING MEMBER
CORPORATE OFFICER
ATTACHMENTS: SCHEDULES "A" AND "B"
District of Maple Ridge
Schedule 'A' to Bylaw No. 6663 - 2009
Tax Rates (dollars of tax per $1,000 taxable value)
1 2 4 5 6 8 9
Major Light Business/ Rec/
Residential Utility Industry Industry Other Non-profit Farm
A General
Municipal
3.3310 37.3234 33.7818 10.9671 10.9671 8.5605 21.3465
B Fire Service 0.2389 2.6766 2.4226 0.7865 0.7865 0.6139 1.5308
Improvement Levy
Total 3.5699 40.0000 36.2044 11.7536 11.7536 9.1744 22.8773
District of Maple Ridge
Schedule 'B' to Bylaw No. 6663 - 2009
Tax Rates (dollars of tax per $1,000 taxable value)
1 2 4 5 6 8 9
Major Light Business/ Rec/
Residential Utility Industry Industry Other Non-profit Farm
A B.C.
Assessment
Authority
6
Municipal
Finance
Authority
C South Coast
BC Transportation
Authority (TransLink)
D Greater
Vancouver
Regional
District
0.0641 0.4951 0.4951 0.2026 0.2026 0.0641 0.0641
0.0002 0.0007 0.0007 0.0007 0.0005 0.0002 0.0002
0.3677 2.7605 2.3932 2.1328 1.7296 0.3186 0.3468
0.0661 0.2314 0.2247 0.2247 0.1619 0.0661 0.0661
Total 0.4981 3.4877 3.1137 2.5608 2.0946 0.4490 0.4772
MAPLE RIDGE
Deep Roots
Greater Heights
District of ��^���
~�_.,'�~~' Maple '-«�~
TO: His Worship Mayor Ernie Daykin DATE: 2009 04 17
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: C.O.W.
SUBJECT: Funding for Arts Council Executive Director Search
EXECUTIVE SUMMARY
Members of the previous Council will recall a request by the Arts Council for financial assistance to
offset some of the costs associated with the executive search for the new Arts Council Executive
Director which took place last year. The attached letter (dated October 28, 2008) reflects our
response to the initial request from the Arts Council President and our follow up discussions. Council
will note our indication that we did not have funding available in the budget for this purpose at the
time of the request, but that we would consider a one time grant at year end, depending upon our
financial position at that time. The Finance Department have confirmed that our Department is
sufficiently under budget at year end to cover this one time expense.
The rationale for the Arts Council request for our involvement is that we require the organization to
utilize the services of a professional search firm when they have a vacancy in this key position since
it is so critical to the success of the operation. That requirement is documented in the fee for service
agreement with the Arts Council.
RECOMMENDATION(S):
That the request of the Maple Ridge and Pitt Meadows Arts Council for one time financial assistance
in the amount of $10,000 to offset a portion of the cost to conduct the executive search for the new
Arts Council Executive Director be approved noting that the use of a professional recruiting firm is a
requirement in the Arts Council Fee for Service agreement and noting that funding is available for
this purpose from the Community Development, Parks and Recreation 2008 year end surplus.
DISCUSSION:
a) Background Context: The relevant background is noted above. We are also advised that the
new Executive Director was indeed approached by the recruiting firm and would not
otherwise have known about or considered the opportunity.
b) Desired The desired outcome of the requirement in the fee for service
agreement is recruitment of the best possible candidate for a critical leadership role
involved in managing an important Municipal asset.
c) Implications: One of the challenges faced by not for profit organizations
like the Arts Council is that of handling unforeseen one off expenditures like this when they
occur. The nature of the organization and our contract is that reserves for operational
1151
151
contingencies are minimized. The group was able to handle some but not all of the costs
involved in this instance and kept the contract fee to a minimum but sufficient to get the job
done.
d) Business Plan/Financial Implications: The required funding can be handled within the
previously adopted 2008 operating budget envelope.
CONCLUSIONS:
The Executive Director position for the Arts Counoil is critical to the success of the organization and
the delivery of many community services. In light of that the Municipality has required a relatively
rigorous process of recruitment to ensure the best possible candidate is found for that role. Given
that requirement it is fet to be appropriate to assist the organization with a portion of the recruiting
cost in accordance wfth the above recommendation.
~ /
� General MaCommunity Development, Parks and Recreation
b enera ; a -ger Corporate and Financial Services
'
Concurrence: A.L. im) Rule
Chief Administrative Officer
MWM
October 28, 2008
Mr. Robert G. Welch, BA
President
Maple Ridge Pitt Meadows Arts Council
11944 Haney Place
Maple Ridge, BC V 2X 6G1
Dear Roger:
Re: Executive Director Search
Thank you for your letter ofOctober 15'2008. We appreciate the need to conduct a
thorough search process to ensure the Arts Council is able to attract the best possible
candidates for the key role of Executive Director. When we Iast corresponded, 1 identified
that our budget does not allow for an additional $10,000 expenditure at this time and we
suggested the use of the equipment reserve fund as an alternative. It made sense to us to
make that offer since the funds had not been allocated to a specific project other than to
future equipment needs. Having said that 1 appreciate this was not what the capital reserve
fund was established for.
I have discussed your recent letter with our General Manager of Financial and Corporate
Services, Paul Gill, and he supports the notion of considering a one time grant at year end
once we have a better idea ofthe Municipaiity's financial position. While the initial prognosis
is good it will not be fully known to us until January or February of next year. Our year end is
December 31, 2008. Both Paul and I are hopeful that we will be in a position to help. Of
course, final decisions reiated to the use of surplus funds rests with Council.
Wishing you every success with your executive search, I remain,
Sincerely,
Mike Murray,
General Manager, Community Development
Parks & Recreation Services
/ik
|:\2200Legal Matteo\224O ED Search.doc
Pc S. Jorde, Recreation Manager, Community Connections
Mayor and cnunoo, District of Maple Ridge
Mayor and Council, City of Pitt Meadows
PauI Gui, General Manager, Corporate and Financial Services