HomeMy WebLinkAbout2009-06-01 Committee of the Whole Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COMMITTEE OF THE WHOLE
AGENDA
June 1, 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
2. PUBL/C 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/098/07, 22810 113 Avenue, First Extension
Staff report dated May 22, 2009 recommending that a one year extension be
granted for rezoning application RZ/098/07 to permit a four -storey apartment
building and 4 townhouse units.
Committee of the Whole Agenda
June 1, 2009
Page 2 of 3
3. FINANCIAL AND CORPORATE SERV/CES (including Fire and Police)
1131
4. COMMUNITY DEVELOPMENT AND RECREATION SERV/CES
1151 CEED Center Lease (Revised)
Staff report dated May 14, 2009 recommending that the Corporate Officer
be authorized to sign and execute the revised CEED Center Society lease.
1152 Leisure Center Heat Recovery - Solar Component Addition
Staff report dated May 25, 2009 recommending that the Corporate Officer
be authorized to sign and execute the contract with Coral Engineering Ltd. for
additional solar panels to preheat water in the pools.
5. CORRESPONDENCE
1171
6. OTHER ISSUES
1181
7. ADJOURNMENT
Committee of the Whole Agenda
June 1, 2009
Page 3 of 3
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
grit isii Col umbi�
Deep Roots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin DATE: May 22, 2009
and Members of Council FILE NO: RZ/O98/O7
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: Rezoning - First Extension
22810 113 Avenue
EXECUTIVE SUMMARY:
The applicant for the above noted file has applied for an extension to this rezoning application under
Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to permit a four -
storey apartment building and 4 townhouse units under the RM -2 (Medium Density Apartment
Residential) zone.
RECOMMENDATION:
That a one year extension be granted for rezoning application RZ/O98/O7 and that the following
conditions be addressed prior to consideration of final reading:
i) Approval from the Ministry of Transportation;
ii) Registration of a Rezoning Servicing Agreement including the deposit of security as
outlined in the Agreement;
iii) The registration of a 219 Restrictive Covenant addressing the suitability of the site
for development from a geotechnical point of view;
iv) Road dedication as required;
v) Registration of a Restrictive Covenant protecting the Visitor Parking.
vi) Registration of a Section 219 Covenant indicating the Green Building components
that will be included on the final project design plans.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Atelier Pacific Architecture Inc
Nag Construction Co Ltd
-1-
1101
Legal Description: Lot: 2, D.L.: 402, Plan: LMP39949
OCP:
Existing:
Proposed:
Zoning:
Existing:
Proposed:
Surrounding Uses
North:
South:
East:
West:
Low Rise Apartment
Low Rise Apartment
RS -3 (One Family Rural Residential)
RM -2 (Medium Density Apartment Residential)
Use: Park
Zone: RS -3 (One Family Rural Residential)
Designation Park
Use: Haney Bypass, Vacant
Zone: RS -3 (One Family Rural Residential)
Designation: Highway, Park
Use: Single Family Residential
Zone: RS -3 (One Family Rural Residential)
Designation: Urban Residential
Use: Townhouses
Zone: RM -1 (Townhouse Residential)
Designation: Urban Residential
Existing Use of Property: Vacant
Proposed Use of Property: Multi -Family Residential
Site Area: 0.925 HA (2.28 acres)
Access: Newly constructed extension of 113 Avenue
Servicing: Full Urban
Companion Applications: DP/098/07, VP/098/07
This application is to permit the construction of a four -storey residential apartment building and 4
residential townhouse units in the RM -2 (Medium Density Apartment Residential) zone.
As per Section 8.11 of the Official Community Plan, A Town Centre Development Permit is a
requirement of the development process to uphold the form and character of multi -family buildings
within the South View Precinct.
The following dates outline Council's consideration of the application under Bylaw 6543-2008
The First Reading report (see attached) was considered on May 27, 2008;
First Reading was granted May 27, 2008
Public Hearing was held June 17, 2008;
Second and Third reading was granted on June 24, 2008.
2-
Application Progress:
The applicant has retained a civil engineering firm to complete the civil drawings required for the
Rezoning Servicing Agreement. The applicant and their Engineer have also been actively working
with the Ministry of Transportation to adhere to their off-site service requirements. The registration
of the required restrictive covenants and road dedication will occur once the civil drawings are
finalized.
Alternatives:
Council may choose one of the following alternatives:
1. grant the request for extension;
2. deny the request for extension; or
3. repeal third reading of the bylaw and refer the bylaw to Public Hearing.
CONCLUSION:
The applicant has been actively pursuing the completion of this rezoning application and has applied
for a one year extension. It is anticipated that final consideration will be applied for within the twelve
month extension perio
mioF1
Prepared by: Je
PI
Approvec-yY:
ikos
nn ngTeghnician
Picke 'ng;
or of Plan
P, MCIP
Approved y: Frank Quinn, MBA, P.Eng
GM: Public Works & D
ment Services
Concurrence: J.L.fJim) Rule
Chi f Administrative Officer
JC/dp
The following appendices are attached hereto:
Appendix A - First Reading Report
-3-
MAPLE RIDGE
6rrlish Columbia
DISTRICT OF MAPLE RIDGE
ApPend%x !�
TO: His Worship Mayor Gordon Robson DATE: May 14, 2008
and Members of Council FILE NO: RZ/098/07
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Zone Amending Bylaw No.6543-2008
22810 113 Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from RS -3 (One Family Rural
Residential) to RM -2 (Medium Density Apartment Residential), to permit the construction of a four -
storey residential apartment building and 4 residential townhouse units. This application is in
compliance with the Official Community Plan.
RECOMMENDATIONS:
1. That Zone Amending Bylaw No. 6543-2008 be given first reading and be forwarded to
Public Hearing; and
2. That the following terms and conditions be met prior to final reading:
i) Approval from the Ministry of Transportation;
ii) Registration of a Rezoning Servicing Agreement including the deposit of security as
outlined in the Agreement;
iii) The registration of a 219 Restrictive Covenant addressing the suitability of the site
for development from a geotechnical point of view;
iv) Road dedication as required;
v) Registration of a Restrictive Covenant protecting the Visitor Parking.
vi) Registration of a Section 219 Covenant indicating the Green Building components
that will be included on the final project design plans.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Atelier Pacific Architecture Inc
Nag Construction Co Ltd
Legal Description: Lot: 2, D.L.: 402, Plan: LMP39949
OCP:
Existing: Urban Residential
Proposed: Urban Residential
Zoning:
Existing: RS -3 (One Family Rural Residential)
Proposed: RM -2 (Medium Density Apartment Residential)
Surrounding Uses
North:
South:
East:
West:
Use: Park
Zone: RS -3 (One Family Rural Residential)
Designation Park
Use: Haney Bypass, Vacant
Zone: RS -3 (One Family Rural Residential)
Designation: Highway, Park
Use: Single Family Residential
Zone: RS -3 (One Family Rural Residential)
Designation: Urban Residential
Use: Townhouses
Zone: RM -1 (Townhouse Residential)
Designation: Urban Residential
Existing Use of Property: Vacant
Proposed Use of Property: Multi -Family Residential
Site Area: 0.925 HA (2.28 acres)
Access: Newly constructed extension of 113 Avenue
Servicing: Full Urban
Companion Applications: DP/098/07, VP/098/07
b) Project Description:
The applicant is requesting to rezone from RS -3 (One Family Rural Residential) to RM -2 (Medium
Density Apartment Residential) to permit the construction of a 4 storey apartment and 4 townhouse
units. The wood -frame apartment building proposal contains 65 units ranging in size from 55m2
(595 ft2) to 125m2 (1345 ft2). The townhouses are standalone and are located to the northwest of
-2-
the apartment building and face the 113th Avenue to provide a street presence. In addition, the
townhouse complex provides a transition in density from the 4 storey apartment building to the east
and the townhouse complex to the west. The site is located within the Regional Town Centre and
this development will achieve approximately 12 Leadership in Energy and Environmental Design
credits based on the LEEDS rating system. For stormwater management, the proposal calls for a
bio -filtration pond at the southeast corner of the site facing the Haney Bypass.
The developer will be required to build 113th Avenue which would extend the currently dead -ended
228 Street west to Burnett Street. The road right-of-way was previously dedicated to the District
through the subdivision of the Fraserview lands in the early 1990's and has been intended to extend
east to Brurnett Street since. The Engineering Department has confirmed the necessity of the
extension of the road. Some backslope regrading of the District Park north of the subject site will be
required to ensure stabilization of the new road. The slope stabilization works and replanting of the
Park will be a condition of the Rezoning Servicing Agreement and a security will be taken for all
works. The Parks Department has reviewed and approved the conceptual plan of the proposed
works on the park site. Final plans will be reviewed with the civil drawings.
The proposed access to the site is from a newly constructed 113th Avenue where there is one main
vehicular entrance to the site that is shared by both the apartment and townhouse residences. A
roundabout is proposed for pick up and drop off purposes near the main entrance of the apartment
building. This development is proposing two floors of underground parking incorporating 15 visitor
parking stalls for both the townhouses and the apartments in addition to providing 102 stalls for
apartment resident parking. The visitor and resident parking areas are separated by a security gate
on the first floor of underground parking. The underground is accessed at the east of the apartment
building. The townhouses have been designed with a double car garage with a full parking slab
outside the unit.
c) Planning Analysis:
Official Community Plan:
The property is currently designated Town Centre Residential in the Official Community Plan. The
Regional Town Centre places a priority on residential development and encourages higher density
developments in appropriate locations. The subject property is also located along a Major Corridor
(Haney Bypass) as outlined in Figure 4 of the OCP. The RM -2 (Medium Density Apartment
Residential) zone correlates with both of these designations.
Maple Ridge Town Centre Concept Plan:
The property is located within the Regional Town Centre and is identified as Apartment Housing on
the Maple Ridge Town Centre Concept Plan. To facilitate the implementation of the Concept Plan,
Council has directed that it be used as a template for development, until the adoption of an area
plan for the Regional Town Centre.
Chapter 4 of the Concept Plan - Design Guidelines and Performance Standards, outlines the need to
direct growth to the town Centre, to aid in accommodating the 7,000 new dwelling units anticipated
-3-
by 2021. The growth is expected to help revitalize the downtown areas and provide a supportive
population base for local businesses and transit. It also identifies the need for greater diversity in
the residential housing stock, to provide options for a variety of persons at different stages of life
and with physical challenges. A range of housing types and sizes also provides more opportunities
for rental housing and house that may serve a variety of income levels and locate residents to shops
and services. The "green building" concept is a key principle of the Concept Plan to encourage
smart, managed growth within the Regional Town Centre.
The proposal aligns with the Maple Ridge Town Centre Concept Plan in the following ways:
• Building Coverage is 25%, less than the suggested maximum of 50% for medium density
residential areas;
• The townhouses have been oriented to and have direct pedestrian access from 113
Avenue providing "eyes on the street";
• A drainage swale is located to the east side of the building which is designed to receive
stormwater runoff collecting in a bio-filtration/detention pond located at the southeast
corner of the property allowing the water to filter and infiltrate through the soil; and
• The applicant has submitted a report and checklist outlining which components from the
LEED (Leadership in Energy and Environmental Design) Green Building Rating System
they feel they can achieve. The details of the components will be finalized in the
Development Permit sage. However, it is recommended that prior to Final Approval of the
rezoning application, a Section 219 Covenant be registered identifying the final green
building components that will be incorporated into he Development Permit and
subsequent Building Permit plans.
Zoning Bylaw:
A preliminary review of the plans in relation to the Zoning Bylaw requirements have revealed that the
proposal generally complies with the bylaw, although two variances would be required if this
proposal is to proceed. As such, a Development Variance Permit application has been received for
the following items.
1. Part 6, Section 604(6)(a) "Siting" requires all apartment and accessory residential buildings be
sited not less than 7.5 metres from all property lines.
• In an attempt to create a more engaged street frontage and to fit in the internal roadway,
the townhouses are sited slightly north of the apartment building. The development
meets the 7.5 metre setback to the East, West and South, however, the townhouses
encroach by 1 metre into the 7.5 metre front yard setback (North).
2. Part 6, Section 604(8)(a) "Other Regulations" requires all off street parking, except visitor
spaces, be located within an underground parking garage.
• For convenience of the future residents of the townhouses, a double car garage has been
provided in each of the townhouse units.
-4-
Development Permits:
This development is subject to a Multi -Family Development Permit as outlined in section 8.7 of the
Official Community Plan. Accordingly, prior to the issuance of a building permit, the Development
Permit must be reviewed and approved. A Multi -Family Development Permit is required for all new
multi -family development on land designated Urban Residential. The purpose of a Multi -Family
Development Permit is to enhance existing neighbourhoods with compatible housing styles that
meet diverse needs and minimize potential conflicts on neighbouring land uses. An application for
the Development Permit has been received and will be the subject of a future Council Report.
Advisory Design Panel:
The proposed project was reviewed by the Advisory Design Panel on April 8, 2008 at which time the
following resolution was made:
That the Advisory Design Panel supports and commends the applicant on their completeness and
quality of presentation however would like to see the following recommendations to go back to the
Planning Department for further review with revisions being forwarded on to the Advisory Design
Panel via email:
• Consideration to the use of the space around the children's play area with
emphasis on child safety;
• More attention to be given to the south edge with consideration being given to
the revised road alignment;
• Consideration be given to the articulation of paving edge to south of the
children's play area;
• Consider breaking up views of building mass at the south edge with planting;
• Consideration be given to the design development and integration of the storm
water pond into the landscape.
The applicant has received these comments and will review the submission responding to the ADP
comments. Responses to these comments will be the subject of the Development Permit in a future
Council Report.
Development Information Meeting:
A development information meeting on January 8, 2008 at Kanaka Creek Elementary School was
held by staff from Atelier Pacific Architecture, Damax Consultants and DMG Landscape Architects.
There were approximately 10 - 15 local residents and interested parties, seven people signed in
and 5 completed comment sheets were received. Although most attendees were in favor of the
project, there was concern about increased traffic and opposition to the new 113 Avenue opening
up 228 Street through to Burnett Street.
d) Interdepartmental lmplications:
Engineering Department:
- 5 -
The Engineering Department has identified that all of the services required in support of the
rezoning do not exist to the site. It will, therefore, be necessary for the applicant to enter into a
Rezoning Development Agreement and post the required security to complete the necessary works
prior to final reading.
Given the geotechnical work required on this site, the Park and 113 Avenue road right-of-way, it is
prudent to have the geotechnical report supporting this development registered on Title as a 219
Restrictive Covenant. This will ensure future owners and the District are aware of the development
parameters for the site.
CONCLUSION:
The proposed development is in compliance with the Official Community Plan. It is therefore
recommended that application RZ/098/07 be favourably considered and be given first reading and
forwarded to Public Hearing.
Prepared by: ,4 n Csikos
r PI nning T ;chnician
7Approv
Pic. g P, MCIP
ector of Planning
Approved by:
Frank Quinn, MBA, P.
GM: Public Works
C
ng
elopment Services
Concurrence: J. LJ(Jim) Rule
CFt f Administrative Officer
JC/dp
The following appendices are attached hereto:
Appendix A - Subject Property
Appendix B - Zone Amending Bylaw No. 6543-2008
Appendix C - Site Plan
Appendix D - Elevations
-6-
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r•1APLE RIDGE
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Nov 23, 2007 FILE: RZ/098/07 BY: PC
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6543-2008
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. 6543-2008."
2. That parcel or tract of land and premises known and described as:
Lot 2, District Lot 402, Group 1, New Westminster District Plan LMP39949
and outlined in heavy black line on Map No.1418 a copy of which is attached hereto
and forms part of this Bylaw, is 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 .
MAYOR CORPORATE OFFICER
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MAPLE RIDGE
British Columbia
Deep Roots
Greater Heights
TO:
District of Maple Ridge
His Worship Mayor Ernie Daykin DATE: 14 May 2009
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: C.O.W.
SUBJECT: CEED CENTER LEASE (Revised)
EXECUTIVE SUMMARY:
Maple Ridge Council authorized the Corporate Officer to sign and execute the proposed CEED Center
lease agreement on March 10th 2009, which was a duplicate of the previous lease. Subsequent to
this approval the CEED Center Society advised that they were unable to enter the agreement as they
had changed their mission statement and per the Societies Act could not enter an agreement that
contained their previous Mission Statement. Mr. Cowley (Executive Director) has also advised that
the CEED Center Society wished to update schedule "A" of the agreement to provide clarity on the
services currently being provided by the society.
The CEED Center Society have also requested that the language in section 2 of the lease requiring a
full annual financial audit be either removed or modified, as this clause has the potential to create
an undue financial hardship on the society which operates largely on available grant funding.
RECOMMENDATION(S):
That the Corporate Officer be authorized to sign and execute the attached revised CEED Center
Society lease.
DISCUSSION:
a). Background Context:
The updating of Mission statements and services offered which are outlined in Schedule "A" of
the agreement are permitted annually in the existing lease agreement. Staff is satisfied that the
revised list of services will continue to provide very beneficial and valuable services to the
community.
The CEED Center has advised that they would be more comfortable with the language in Section
2 of the lease if it were changed from the:
Existing Language
The Lessee will not allow the Demised Premises to be used for any other purpose other than
those as listed in Schedule "A" attached hereto and those approved in writing by the Lessor from
time to time. The Lessee will forward an updated Schedule "A" to the Lessor on a yearly basis
along with an annual report on the Lessee's activities for the previous year including an annual
financial statement. An independently prepared audit shall be submitted to the Lessor once
every three years commencing in the year 2012.
1151
And changed to
Revised Language
The lessee will not allow the Demised Premises to be used for any other purpose other than
those listed in schedule "A" attached hereto and those approved in writing from time to time. The
lessee will forward an updated Schedule "A" to the Lessor on a yearly basis along with an annual
report on the lessee's activities for the previous year including an annual financial report. "The
lessor shall have the option to conduct a financial audit at the lessors discretion, for which the
lessee agrees to cooperate fully".
CONCLUSIONS:
The concerns regarding the requirement for audited statements in section (2) of the lease were not
discovered by the CEED Center Board until the document was being reviewed prior to signing and
was considered by the Board to be significant enough to incur the delay in signing in order to make
the request for the language in the lease to be revised. Mr. Cowley, Executive Director for the CEED
Center has indicated that the proposed revisions to clause 2 will be acceptable to the Board.
Prepared by: =vid Boag
Director, Parks and Facilities
Approved by: Mike
Gen= . anager, Community Development, Parks and Recreation
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
db
LEASE
THIS INDENTURE made on the 1st day of March, 2009.
Under the "Land Transfer Form Act", Part 2,
BETWEEN:
AND:
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, 11995 Haney
Place, Maple Ridge, BC V2X 6A9
(hereinafter called "the Lessor")
OF THE FIRST PART
CEED CENTER SOCIETY, (S 19610) a Society duly incorporated under
the laws of the Province of British Columbia, having its address at
11739 - 223rd Street, Maple Ridge, BC V2X 5X4
(hereinafter Called "the Lessee")
OF THE SECOND PART
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and
contained on the part of the Lessee so be paid, observed and performed, the Lessor hereby demises
and leases unto the Lessee a portion of the premises more particularly described as:
Parcel Identifier 011-539-348 Lot 28 district Lot 398 Group 1
New Westminster District Plan 155 (11739 - 223rd Street,
Maple Ridge, BC)
And for greater certainty, the demised premises shall not
include any building, road or lane (hereinafter referred to as
the "Demised Premises"):
TO HAVE AND TO HOLD the Demised Premises for and during the term of five years commencing on
the 1st day of March, 2009, unless his lease is terminated as hereinafter provided.
YIELDING AND. PAYING therefore unto the Lessor during the said term the annual rent of One ($1.00)
Dollar, payable on the 1st day of March, in each and every year during the term hereof, commencing
on the 1st day of March, 2009,
THE LESSEE COVENANTS AND AGREES WITH THE LESSOR as follows:
1. To pay rent as aforesaid.
2. The Lessee will not allow the Demised Premises to be used for any other
purpose other than those as listed in Schedule "A" attached hereto and those
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approved in writing by the Lessor from time to time. The Lessee will forward an
updated Schedule "A" to the Lessor on a yearly basis along with an annual
report on the Lessee's activities for the previous year including an annual
financial statement. "The lessor shall have the option to conduct a
financial audit at the lessors discretion, for which the lessee agrees to
cooperate fully".
3. To observe and fulfill the provisions and requirements of all statutes, orders -in -
council, By-laws, rules and regulations, municipal, parliamentary or by other
lawful authority relating to the use of the Demised Premises and without
limitation thereto to comply with all applicable recommendations of the
Insurers' Advisory Organization of Canada or any body having similar functions
or of any liability or fire insurance company by which the Lessor or Lessee may
be insured.
4. Not to assign or transfer this lease or the term or any portion thereof or let or
sublet all or any part of the Demised Premises or to part with possession of the
whole or any part of the Demised Premises without the written consent of the
Lessor first had and obtained. Such consent not to be unreasonably withheld
so long as the financial status of the proposed assignee or sub -lessee or other
party as above is acceptable to the Lessor.
5. Notwithstanding any other provisions of this lease, to indemnify and save
harmless the Lessor from any and all liabilities, damages, costs, claims, suits or
actions growing out of:
a) any breach, violation or non-performance of any covenant, condition, or
agreement in this lease set forth and contained on the part of the
Lessee to be fulfilled, kept, observed and performed;
b) any damage to property occasioned by the Lessee's use and
occupation of the Demised Premises;
c) any injury to person or persons, including death, resulting at any time
therefrom, occurring on the Demised Premises
6. That if the Lessor shall suffer or incur any damage, loss or expense or be
obliged to make any payment for which the Lessee is liable hereunder by
reason of any failure of the Lessee to observe and comply with all of the
covenants of the Lessee herein contained then the Lessor shall have the right
to add the cost or amount of such damage, loss, expense or payment to the
rent hereby reserved and any such amount shall thereupon immediately be due
and payable as rent and recoverable in the manner provided by law for the
recovery of rent in arrears.
7. The Lessee is fully familiar with and assumes sole responsibility for the physical
condition of the demised premises and the buildings, improvements, fixtures
and equipment thereon. The Lessor has made no representation of any nature
in connection therewith and shall not be liable for any latent or patent defects
therein.
8. The Lessee waives and renounces the benefit of any present or future statute
or any amendments thereto taking away or limiting the Lessor's right of
Paget
distress and agrees with the Lessor, that notwithstanding any such enactment,
all goods and chattels of the Lessee from time to time on the Demised
Premises shall be subject to distress for arrears of rent.
9. The Lessee shall not carry on or permit to be carried on any activity on the
Demises Premises which shall constitute a nuisance to the users of other
properties at or near the Demised Premises and shall indemnify the Lessor
from any claims against the Lessor arising from the use and occupation of the
Demised Premises by the Lessee.
10. Proviso for re-entry by the Lessor on non-performance of covenants.
11. The Lessee does hereby indemnify and save the Lessor harmless from and
against claims which might arise pursuant to the Builders Lien Act of British
Columbia as it may from time to time be amended in respect of any materials
or services supplied in respect of the Demised Premises at the Lessee's
request and the Lessee shall forthwith remove any builders liens placed
against the Demised Premises.
12. To pay or cause to be paid all taxes, rates and assessments now or hereafter
levied, rated or assessed against the Demised Premises including without
limiting the generality of the foregoing, sewer, water, taxes and other charges,
and any federal taxes.
THE LESSOR COVENANTS AND AGREES WITH THE LESSEE as follows:
MAINTENANCE
13. For quiet enjoyment.
14. The Lessee agrees to take good and reasonable care of the Demised Premises
and of the building, improvements, fixtures and equipment now or hereafter
located thereon and of every part thereof and at the Lessee's sole cost and
expense to manage, operate and maintain and keep the same in good order,
repair and condition throughout the interior and exterior of the building, and to
promptly make all required and necessary repairs thereto, including all
windows, fixtures, machinery, facilities, equipment and appurtenances
belonging to the Demised Premises, reasonable wear and tear excepted.
15. The Lessee covenants with the Lessor to keep the premises thereto free of ice
and snow and shall provide receptacles for rubbish of all kinds and will attend
to the removal of the same from the premises.
16. The Lessee agrees that the Lessor and its agents may at all reasonable times
enter the Demised Premises to view the state of repair and the Lessee shall
within thirty days after receipt of written notice thereof, commence and
diligently proceed to make such repairs and replacements as the Lessor may
reasonably require; and in the event of the Lessee's failure or neglect so to do
within the time herein specified, the Lessor and its agents may enter the
Demised Premises and at the Lessee's expense perform and carry out all such
repairs or replacements and the Lessor in so doing shall not be liable for any
inconvenience, disturbance, loss of business or other damage resulting
therefrom.
INSURANCE
BUILDING
HOLDOVER
17. The Lessee shall maintain the grounds to a level of service equivalent to other
Municipal grounds.
18. The Lessee shall maintain general public liability insurance in such amounts as
the Lessor may from time to time reasonably require.
19. The Lessee shall insure and keep insured to their full insurable value, during
the said term, all buildings, structures, fixtures and equipment on the demised
Premises against loss or damage by fire and against loss by such other
insurable hazards as it may form time to time reasonably require. Should the
said buildings or structures be lost or damaged due to an insurable hazard, the
Lessee will, upon receipt of the insurance proceeds, repair such damage in a
timely manner in order that the use of the demised premises as noted in
Schedule "A" may be recommenced as soon as possible.
20. All insurance required to be maintained by the Lessee hereunder shall be on
terms and with insurers to which the Lessor has no reasonable objection and
shall provide that such insurers shall provide to the Lessor thirty (30) days prior
written notice of cancellation of material alteration of such terms. The Lessee
shall furnish to the Lessor certificates or other evidence acceptable to the
Lessor as to the insurance from time to time required to be effected by the
Lessee and its renewal or continuation in force. If the Lessee shall fail to take
out, renew and keep in force such insurance the Lessor may do so as the agent
of the Lessee and the Lessee shall repay to the Lessor any amounts paid by
the Lessor as premiums forthwith upon demand.
21. The parties acknowledge that the- building on the Demised Premises is of
historical significance to the community and that no modification or renovation
to the exterior of the building will be undertaken by the Lessee except as may
be approved in writing by the Lessor and in keeping with the provisions of the
H-1 Heritage Zone. Alterations may be made to the property with the
permission in writing of the Lessor for normal repair and maintenance
occasioned by ordinary wear and tear and is limited to the replacement of
elements of the structure or finishing materials of the building with
components that are equivalent to those being replaced in material
composition, dimensions, colour and quality. In the event that the Lessee
should vacate the Demised Premises, no longer be a Society in good -standing
as defined in the Societies Act, or for any reason no longer be able to use the
building, the building shall become the property of the Lessor, if permitted
under the Lessee's constitution and the Society Act R.S.B.C. 1979C. 390.
22. If at the expiration of the lease:
a) the Lessee shall hold over for any reason, and;
b) if the Lessor accepts rent;
the tenancy of the Lessee thereafter shall be from month to month only and
shall be subject to all the terms and conditions of this lease, except as to
ARBITRATION
duration, in the absence of written agreements between the Lessor and the
Lessee to the contrary.
23. In the event of a dispute arising under this lease the provisions of the
Commercial Arbitration Act, S.B.C., 1986, c.3 as it is amended from time to
time shall apply with the Lessor and the Lessee bearing the costs of the
arbitration in equal shares.
OPTION TO RENEW
SURRENDER
24. If the Lessee duly and regularly pays the rent and all other sums required to be
paid hereunder and performs each and every covenant, proviso and agreement
on the part of the Lessee to be paid, rendered, observed and performed herein,
the Lessee, provided it is not then in default, may request renewal by written
notice to the Lessor (such notice to be given at any time up to six (6) months
prior to the expiration of the term hereof) of this lease for a further term of five
(5) years from the expiration of the term hereby granted. In the event that the
Lessor shall grant renewal of this lease, the rental shall be mutually agreed
upon within 90 days from the exercise of the option or at a rental to be
determined by the arbitration as previously noted and otherwise subject to the
same terms, provisos and agreements contained in this lease excluding this
,covenant for renewal.
25. The Lessee, at the expiration or sooner determination of the lease will
peaceably surrender and give up possession of the Demised Premises without
notice from the Lessor. Upon the surrender of the Demised Premises the
Lessee shall return the demised Premises to the Lessor inclusive of all
improvements and facilities provided by the Lessor.
26. The Lessor shall have the right at its sole discretion to move the building to
another location within the District of Maple Ridge for the unexpired remainder
of the term and/or renewal terms providing that such a move shall be at the
Lessor's expense, and providing that six (6) months notice of said requirement
to move shall be given to the Lessee by the Lessor.
THE LESSOR AND THE LESSEE COVENANT and agree one with the other that:
27. Failure of the Lessee to maintain its status as a non-profit registered society in
good standing in accordance with laws of British Columbia and to carry out the
activities listed in Schedule A attached hereto, as amended by mutual
agreement from time to time, shall constitute a breach of this lease and may
result in termination of the agreement and the Lessee's right to occupy the
"Demised Premises".
28. The failure of the Lessor to insist in any one or more cases upon the strict
performance of any of the covenants of this lease or to exercise any option
herein contained shall not be construed as a waiver or a relinquishment for the
future of such covenant or option and the acceptance of rental by the Lessor
with knowledge of the breach by the Lessee of any covenant or condition of this
lease shall not be deemed a waiver of such breach and no waiver by the Lessor
of any provision of this lease shall be deemed to have been made unless
expressed in writing and signed by the Lessor.
29. This lease and everything herein contained, shall ensure to the benefit of and
be binding upon the parties hereto, and their respective successors and
permitted assigns and all words in the neuter shall include the masculine or the
feminine and all words in the singular shall include the plural when the context
so requires.
30. Any additional covenants, conditions or agreements set forth in writing and
attached hereto whether at the commencement of the said term or at any
subsequent time and, signed or initialled by the parties hereto shall be read and
construed together with and as part of this lease, provided always that when
the same shall be at variance with any printed clause of this lease, such
additional covenants, conditions and agreements shall be deemed to
supersede such printed clause.
31. Any notice to be given pursuant to this lease shall be in writing and shall be
sufficiency given if served personally upon and officer of the party for whom it is
intended or mailed by prepaid registered post and in the case of the Lessor
addressed to:
The Corporation of the District of Maple Ridge
11995 Haney Place
Maple Ridge, BC V2X 6A9
And in the case of the Lessee, addressed to:
CEED Centre Society
11739 - 223rd Street
Maple Ridge, BC V2X 5X4
The date of the receipt of any such notice shall be deemed conclusively to be
the day of service if such notice is served personally, or if mailed, forty-eight
(48) hours after such mailing.
IN WITNESS WHEREOF the parities hereto have hereunto set their hands and seals the day and year
first before written.
Party(ies) Signature(s) ) )
CEED Centre Society ) Execution Date )
by its authorized signatories: ) )
)
) _)
Name: ) Y M D )'
)
) )
)
CORPORATE OFFICER FOR )
THE CORPORATION OF THE ) Execution Date )
DISTRICT OF MAPLE RIDGE )
) )
)
)
Name: ) Y M D )
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SCHEDULE A
This schedule outlines the purposes that the demised premises shall be used for by the
CEED Centre Society.
The CEED Centre Society Mission Statement
"To support community members educating other community members about
environmental and social issues"
To achieve this we offer a variety of different services. We provide support services and a
facility to individual community members as well as other non-profit groups, charities and
agencies that comply with our mandate/constitution.
The following is a list of the purposes and uses for the demised premises:
1. Drop-in Centre.
2. Print and Video Tape Library.
3. Computer Bulletin Board Service (BBS).
4. Meeting/Conference Room:
- Presentations, meetings and forums
- Available for use or rent by other non-profit groups and charities.
5. Provide a minimum of four educational programs/workshops each year directly to the
community or provide support to other groups and individuals offering educational
programs/workshops.
6. Compost education gardening/training facility:
- Developed and utilized in conjunction with Ridge Meadows Recycling
Society.
- Provide drop-in interpretive education site as well as a minimum of four
training programs/workshops each year in all types of back yard and
worm box composting.
7. Urban organic garden/training facility.
8. Provide support services and education to our members and the community which may
include:
communication/media technologies
media communications
media literacy
environment/development/health
program design and implementation
space, facilities and equipment to develop, deliver and maintain
educational programs, services and campaigns
9. Provide communication services to both non-profit and for profit companies:
research/writing/consultation
video/film production
- desktop publishing
- equipment rentals
10. Provide information exchange/referral services to other non-profit groups and the
community.
11. Rent space to other non-profit groups and charitable groups whose mandate fits our
constitution, with municipal approval.
12. Host government -funded training programs.
13. Host a minimum of two events and celebrations per year for our members and the
community on special occasions such as (but not limited to): Earth day, National
Environment Week, National Composting Week, etc.
SCHEDULE A
This schedule outlines the purposes for which the demised premises shall be used by the
CEED Centre Society.
CEED Centre Society Mission Statement
"The CEED Centre Society is dedicated to
community education on environment and development"
The CEED Centre Society offers a variety of programs, services and activities in support of this
mission to members, individuals, community groups, non-profit organizations, charities, agencies
and institutions.
As such, the Society will primarily use the demised premises according to the following list.
1. To provide public access to a heritage building for 20 hours per week, for 46 weeks of the
year.
2. To provide a drop-in centre for 20 hours per week, for 46 weeks of the year.
3. To offer information and information referrals on topics including but not limited to
composting, organic gardening and environmental conservation.
4. To provide a reference materials library on topics related to the environment and
development.
5. To provide meeting space for free or rent to members, other citizens of Maple Ridge—Pitt
Meadows—Katzie, community groups, non-profit organizations, charities, agencies and
institutions.
6. To provide a minimum of two educational programs, such as workshops and forums on
topical issues, including but not limited to climate change, composting, organic gardening
and environmental conservation.
7. To provide training (information and communications technology in particular) and other
government -supported programs.
8. To provide a community garden demonstrating organic gardening and composting techniques.
9. To provide pesticide alternatives education through information and communications
technology and outreach.
10. To assist other community groups in securing resources and implementing programs in the
broad interest of citizens
11. To provide office space for individuals, community groups, non-profit organizations,
charities, agencies and institutions, with preference given to community groups, non-profit
organizations and charities that align with and complement the Society's mission.
12. To organize events, celebrations and forums that enrich community life and serve the primary
purpose of community education, such as the Earth Day celebration.
13. To provide fee-for-service programs that serve a public need, such as information hotlines.
MAPLE RIDGE
British CoLurnbia
Deep Roots
Greater Heights
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin DATE: 2009-05-25
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: C.O.W.
SUBJECT: Leisure Center Heat Recovery - Solar Component Addition
EXECUTIVE SUMMARY:
Further to the recommendation of Morrison Hirschfield to award the Leisure Centre Boiler
Replacement Heat Recovery contract to Coral Engineering Ltd., staff requested information regarding
the feasibility of increasing the efficiency of the project, by adding additional solar panels to pre -heat
the water used for each of the pool tanks. The costs associated with this additional work will cost
$79,852; however, if the District is successful in obtaining a government solar panel grant the cost
would be reduced to approximately $41,310 (proposal attached) and the payback would be reduced
to approximately eight years.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and execute the contract with Coral Engineering Ltd.
for the additional solar panels required to pre -heat the water in each of the pools for the amount of
$79,852 + GST outlined in the 2009-05-25 report on this subject.
DISCUSSION:
a) Background Context:
The District of Maple Ridge invited qualified vendors to submit proposals on the replacement of
the two existing boilers and for a retrofit of the existing central heating system and the
natatorium ventilation/dehumidification system for the Maple Ridge Leisure Centre. This
contract has been approved by Council and awarded to Coral Engineering. The contract does
have some solar panels that will be used to provide domestic hot-water (showers, sinks, etc.).
This addition of more solar panels would provide about 6.3% of the heat needed for the Lap,
Leisure, and Teach pools annually, reducing additional GHG (green house gas) by 980 kg/year.
b) Business Plan/Financial Implications:
The cost of the additional solar panels would be funded from within the projected budget of
$1.2 million of which $877,122 has already been approved. The Purchasing Department has
reviewed this addition and indicate that making this adjustment is in keeping with our practice
(negotiating minor change orders of less than 10% with the contractor).
1152
Prepared b avid Boag
Director, Parks &Facilities
Approved by: Mike Murray, General Manager
Community Development, Parks & Recreation Services
Approved by: Paul Gill, BBA, CGA
General Manager Corporate and Financial Services
Concurrenc' J.L. (Jim) Rule
Chief Administrative Officer
MWM
ORAL
CAN�flE
Addendum #8 April 17th 2009
Coral Engineering has been asked to look at increasing the solar component of our project
proposal and to focus on the heat captured to heat the pools.
We have looked at the request for additional solar heating and have modified our design of the
dehumidification reclaim system and increased the number of solar panels'. The change in the
dehumidification system design was to improve the efficiency of each of the solar panels, thus
providing Maple Ridge with the best that the two technologies can offer, each technology
augmenting the efficiency of the other.
This new, combined technology, design "to the best of our knowledge" is more efficient than any
other solar installation presently designed and installed in British Columbia.
On an average summer day, the amount of solar radiation collected by a solar panel is
approximately 50%. This is dependant on the temperature that enters the solar panels, the
outdoor air temperature and the intensity of solar radiation available. The new combined
technology will consistently deliver a solar efficiency of closer to 80% of the radiation available
at ground level.
The solar heating system can only contribute heat to the facility when there is solar radiation
available. Solar radiation occurs when we have sunny days and to a lesser extent during
periods of moderate cloud cover. The rest of the time we need to obtain our heating needs from
other sources.
Solar glazed panels have their maximum efficiency when the fluid that runs through them is
cold. In most applications the warm pool water is run through a heat exchanger and then the
other side of the heat exchanger has solar heated water. Because the water in the solar panels
are at the lap pool temperature or higher, the contribution of the panels is significantly reduced
from their peak potential.
For this project we have altered the design of the dehumidification system to optimize the
performance of the solar panels by supplying them with much colder fluid.
For this project we have developed an innovative way to improve the standard solar efficiency
by as much as 25%+.Also we have the heat collected by the solar arrays distributed to the lap,
leisure, and teach pools or to the DHW system, basically wherever it is needed.
#10, 8086 - 130th Street, Surrey, B.C. V3W 8J9
Phone (604) 501-3700 Fax (604) 501-3704
The solar panels will still be mounted on the mechanical room south wall, as well as on the
north portion of the mechanical room roof. There will be significantly more solar panels and with
the new innovative design these panels will collect up to 25+% more heat than if they heated
the lap pool water directly.
Although the price for the additional solar panels has increased the cost of our proposal it will
also increase the rebate provided by the federal and provincial governments.
The panels will be able to work in the winter, therefore significantly increasing their heating
contribution.
It is important to stress that the solar offering of our proposal does not provide the
dehumidification needed by the facility and that it has no effect on augmenting the exhaust air
reclaim. The need for dehumidification reclaim and exhaust air reclaim is still critical and will
provide the majority of the energy savings.
The dehumidification and exhaust air reclaim are critical in the overall package needed to save
the city of Maple Ridge on natural gas consumption at the Natatorium.
The proposed changes will cost an additional $ 79,852 +GST
Seventy nine thousand, eight hundred and fifty two dollars.
Solar government grants will come close to $ 38,542 +GST
Net Cost to Maple Ridge after grants $ 41,310 +GST
The proposed changes will allow the solar panels to provide sufficient solar heating to heat the
entire Lap pool plus, during a peak solar day.
The total yearly contribution for the solar component will be approximately 320 Gj/year.
This heating represents about 6.3% of the Lap, Leisure, and Teach pools yearly heating needs.
The additional GHG (green house gas) reduction provided by the additional panel design will be
980 kg/year.
Please call me with any questions or concerns. We thank you for this opportunity to be of
service.
Jim Groenewoud P. Eng.
Manager of Energy Services Division
Coral Engineering Limited
778 829 9711
#10, 8086 - 130th Street, Surrey, B.C. V3W 8J9
Phone (604) 501-3700 Fax (604) 501-3704