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HomeMy WebLinkAbout2010-08-30 Committee of the Whole Meeting Agenda and Reports.pdfDistrict of Maple Ridge COMMITTEE OF THE WHOLE AGENDA August 30, 2010 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. DELEGATIONS/STAFF PRESENTATIONS - (10 minutes each) 1.1 2. PUBLIC WORKS AND DEVELOPMENT SERVICES 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/039/10, 23788 and 23762 132 Avenue, RS-2 to RS-1 and R-1 Staff report dated August 16, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6745-2010 to allow for future subdivision be given first reading and that the applicant provide further information as described in Schedules A, B, F and G of the Development Procedures Bylaw No. 5879- 1999. Committee of the Whole Agenda August 30, 2010 Page 2 of 5 1102 RZ/063/10, 11655 Burnett Street, RS-1 and C-3 to RM-2 Staff report dated August 16, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6751-2010 to permit the development of a four (4) storey apartment building be given first reading and that the applicant provide further information as described in Schedules A, C, D and F of the Development Procedures Bylaw No. 5879-1999. 1103 RZ/012/10, 24930 110 Avenue, RS-3 to RS-1b Staff report dated August 16, 2010 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6746-2010 to designate an area around a watercourse as conservation be given first and second readings and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 6722-2010 to permit a ten (10) lot single family subdivision be given second reading and be forwarded to Public Hearing. 1104 RZ/075/09, 23553 Larch Avenue, RS-3 to R-1 and RST-SV Staff report dated August 19, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6737-2010 to permit a future subdivision of 13 single family parcels and 17 multi -family parcels be given second reading and be forwarded to Public Hearing. 1105 RZ/018/10, 12580 243 Street, RS-3 to RS-2 Staff report dated August 16, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6734-2010 to permit a two (2) lot single family subdivision be given second reading and be forwarded to Public Hearing. 1106 RZ/026/10, 24160 125 Avenue, RS-3 to RS-2 Staff report dated August 16, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6736-2010 to permit a two (2) lot single family subdivision be given second reading and be forwarded to Public Hearing. 1107 RZ/054/10, 9975 272 Street, Text Amendment to CD-4-00 Staff report dated August 17, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6749-2010 to permit assembly use and place of worship as principle uses be given first and second reading and be forwarded to Public Hearing. Committee of the Whole Agenda August 30, 2010 Page 3 of 5 1108 RZ/065/10, Text Amendment for Licensee Retail Stores Staff report dated August 23, 2010 recommending that Maple Ridge Zone Amending Bylaw No. 6750-2010 to enable free standing licensee retail store use be given first and second readings and be forwarded to Public Hearing. 1109 RZ/107/05, 11744 236 Street, First Extension Staff report dated August 9, 2010 recommending that a one year extension be granted for rezoning application RZ/107/05 to permit 1 single family dwelling under the RS-1d (One Family Urban (Half Acre) Residential) and 8 single family dwellings under the R-3 (Special Amenity Residential) zone. 1110 RZ/002/08, 11580 223 Street, Final One Year Extension Staff report dated August 9, 2010 recommending that a final one year extension be granted for rezoning application RZ/002/08 to permit development of an apartment building under the CRM (Commercial/ Residential) zone. 1111 DVP/019/10, SW Corner of 235 Street and 236 Street Staff report dated August 16, 2010 recommending that the Corporate Officer be authorized to sign and seal DVP/019/10 to permit a road width variance for part of a new road (proposed 134 Avenue), an E-W extension of Rock Ridge Drive. 1112 DP/DVP/056/08, 10389, 10351240 Street and 10390 Slatford Place Staff report dated August 16, 2010 recommending that the Corporate Officer be authorized to sign and seal DVP/056/08 for variances to required minimum setbacks, height and permitted storeys in the RM-1 zone and that the Corporate Officer be authorized to sign and seal DP/056/08 to permit a 40 unit townhouse development. 1113 VP/085/09, 22890 and 22920 Gilbert Drive Staff report dated August 17, 2010 recommending that the Corporate Officer be authorized to sign and seal VP/085/09 to vary the maximum height for the R-1 and R-3 lots. 1114 DP/085/09, 22890 and 22920 Gilbert Drive Staff report dated August 16, 2010 recommending that the Corporate Officer be authorized to sign and seal DP/085/09 to permit multi -family residential development of 29 lots zoned R-3 (Special Amenity Residential District) Committee of the Whole Agenda August 30, 2010 Page 4 of 5 1115 VP/035/10, 21513 124 Avenue Staff report dated August 17, 2010 recommending that the Corporate Officer be authorized to sign and seal VP/035/10 to reduce a front yard setback to permit construction of an attached garage. 1116 Maple Ridge Taxi Regulation Bylaw No. 6409-2006 Amendment Staff report dated August 20, 2010 recommending that Maple Ridge Taxi Regulation Amending Bylaw No. 6754-2010 to clarify the permit application process be given first, second and third readings. 1117 2010 TransLink MRN Minor Capital Program Agreement 1002-1101 Staff report dated August 13, 2010 recommending that the Corporate Officer be authorized to sign and execute Major Road Network Minor Capital Program Agreement No. 1002-1101 for work on 232 Street between 124 Avenue and 128 Avenue. 1118 Terry Fox Run, Use of Streets Staff report dated August 4, 2010 recommending that the use of municipal streets be authorized for the Terry Fox Run on Sunday, September 19, 2010. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the Month Ended July 31, 2010 Staff report dated August 6, 2010 recommending that disbursements for July 2010 be approved. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Maple Ridge/Pitt Meadows Arts Council Fee for Service Agreement Staff report dated August 23, 2010 recommending that the Corporate Officer be authorized to execute the amended Maple Ridge Pitt Meadows Arts Council Fee for Service Agreement 2009 to 2011. 5. CORRESPONDENCE 1171 Committee of the Whole Agenda August 30, 2010 Page 5 of 5 C. OTHER ISSUES 1181 7. ADJOURNMENT S. COMMUNITY FORUM COMMUNITY FORUM The Community Forum provides the public with an opportunity to ask questions of Council on items that are of concern to them, with the exception of Public Hearing by-laws that have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. 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). Questions must be directed to the Chair of the meeting and not to the individual members of Council. 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. Other opportunities are available to address Council including public hearings and delegations. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk's Department at 604-463-5221 or clerks@mapleridge.ca Mayor and Council at mayorandcouncil@mapleridge.ca Checked by. Date: % i LE Deep Roots Greater Heights TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: RZ/039/10 Chief Administrative Officer ATTN: C of W First Reading Maple Ridge Zone Amending Bylaw No. 6745-2010 23788 and 23762 132 AVE EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-2 (One Family Suburban Residential) to RS-1 (One Family Urban Residential) and R-1 (Residential District) zones to permit a future subdivision of 3 fee simple parcels zoned R-1 (Residential District); 22 Bare Land Strata parcels zoned R-1 (Residential District) and 2 fee simple parcels zoned RS-1 (One Family Urban Residential). An Official Community Plan amendment will be required to define the conservation boundary around Indefinite Creek; protect some natural features on site; to change the designation to "Medium Density Residential" and to change the "Open Space" designation. To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: In respect of Section 879 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: a. The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; b. The Board of any Regional District that is adjacent to the area covered by the plan; c. The Council of any municipality that is adjacent to the area covered by the plan; d. First Nations; e. School District Boards, greater boards and improvements district boards; and f. The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the District's website, together with an invitation to the public to comment, and; That Zone Amending Bylaw No. 6745-2010 be given First Reading; and; That the applicant provide further information as described on Schedule A,B, F and G of the Development Procedures Bylaw No. 5879 - 1999. DISCUSSION: a) Background Context: Applicant: Gary Lycan 1101 Owner: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: Cedar Spring Homes (1978) Ltd Fiano Holdings Ltd Lot: A, Section: 28, Township: 12, Plan: LMP7404; Lot: B, Section: 28, Township: 12, Plan: LMP7404; Low Density Residential, Conservation and Open Space Low Density Residential, Medium Density Residential and Conservation RS-2 (One Family Suburban Residential) RS-1(One Family Urban Residential) and R-1(Residential District) Use: Single Family Residential and 132nd Avenue Zone: RS-3 (One Family Rural Residential); RS-2 (One Family Suburban Residential); RS-1 (One Family Urban Residential) Designation: Low Density Residential, Conservation and Park. Use: Single Family Residential and 238th Street Zone: RS-2 (One Family Suburban Residential) Designation: Medium and Low Density Residential, Conservation; Park; Open Space. Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Low Density Residential, Conservation; Park; Open Space. West: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Conservation, Low and Medium Density Residential Existing Use of Property: Single Family Suburban Residential Proposed Use of Property: Single Family Residential- Bare Land Strata & Fee Simple and Conservation Site Area: 4.02 Hectares (9.94 acres) Access: 132nd Avenue Servicing requirement: Full Urban through a Rezoning Servicing Agreement b) Site Characteristics: Project Description: The subject site is comprised of two legal lots south of 132nd Avenue in the Silver valley area, totalling an area of 9.94 acres and will require consolidation. It is impacted by an Indefinite Creek and steep slopes on certain portions of the site. The applicant is proposing to rezone the subject sites from RS-2 (One Family Suburban Residential) to permit: a future subdivision of 3 parcels zoned R-1 (Residential District); 2 parcels zoned RS-1 (One Family Urban Residential), and 22 Bare Land -2- Strata parcels zoned R-1 (Residential District) for a total of 27 single family lots. Access to this future single family subdivision is from 132nd Avenue. At this time the current application has been assessed to determine its compliance with the Official Community Plan and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, Official Community Plan designations and Bylaw particulars, and may require application for further development permits. c) Planning Analysis: Official Community Plan: The development site is within the Silver Valley Area Plan which forms part of the Official Community Plan. The development of Silver Valley is based on principles associated with achieving a complete community with good pedestrian linkages. Within the Silver Valley Area Plan, the subject site falls in between the River Village and the Horse Hamlet. It is designated "Conservation", "Low Density Residential" and "Open Space". A medium density development is justified specific to this site for a more compact development due to difficult terrain and to maximize protection of environmentally sensitive areas. An Official Community Plan amendment will be required to conserve the environmentally sensitive area by defining the conservation boundary around the creek and protecting some natural rock features on site. A total of 5.5 acres or roughly 55% of the subject site is proposed to be preserved in its natural state. An Official Community Plan amendment will also be required to change the designation to "Medium Density Residential" and change the "Open Space" designation. The subject sites have small pockets designated as "Open Space" in the Silver Valley Area Land Use Plan. Open spaces in the Silver Valley Area Plan are meant to be linked through developments to form a network of greenways throughout Silver Valley. Specific to this site, the open space requirement will be satisfied through a dedication of "park". Part VI A of the Silver Valley Figure 2- Land Use Plan and Part VI A of the Silver Valley Figure 4-Trails/ Open Space Plan will need to be amended to reflect this. This will be assessed after the applicant provides all the pending information between 1st and 2nd reading, prior to proceeding for a Public Hearing. Zoning Bylaw: The current application proposes to rezone the property located at 23788 and 23762 132 Avenue from RS-2 (One Family Suburban Residential) to RS-1(One Family Urban Residential) and to R-1 (Residential District) to permit a future subdivision of 27 single family lots (3 fee simple lots and 22 Bare Land Strata lots zoned R-1 i.e. Residential District and 2 fee simple lots zoned RS-1 i.e. One Family Urban Residential). The R-1 (Residential District) zone requires a minimum lot area of 371 m2; a minimum lot width of 12 metres and a minimum lot depth of 24 metres. The RS-1 (One Family Urban Residential) zone requires a minimum lot area of 668 m2; a minimum lot width of 18 meters and a minimum lot depth of 27 meters. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.9 of the Official Community Plan, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development -3- Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit application is required for all development and subdivision activity for; All areas designated Conservation on Schedule "B" or all areas within 50 metres of an area designated Conservation on Schedule "B"; All lands with an average natural slope of greater than 15 percent; All floodplain areas and forest lands identified on Natural Features Schedule "C" to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. The proposed subdivision will be subject to approval of a combination of a Watercourse Protection Development Permit and a Natural Features Development Permit. Development Information Meeting: A Development Information Meeting is required for this application. Prior to Second Reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. d) Interdepartmental Implications: In order to advance the current application, after First Reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Environment Department; d) Fire Department; e) Parks Department; f) School District; g) Ministry of Environment The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between 15Y and 2nd Reading. e) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedural Bylaw No. 5879 - 1999 as amended: 1. An Official Community Plan Application (Schedule A); 2. A complete Rezoning Application (Schedule B and Schedule C); 3. Watercourse Protection Development Permit Application (Schedule F); 4. Natural Features Development Permit Application (Schedule G); 5. Subdivision Application, as per attached requirements. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. M CONCLUSION: The development proposal is not in compliance with the Official Community Plan. Justification has been provided to support an Official Community Plan amendment. It is, therefore, recommended that Council grant First Reading subject to additional information being provided and assessed prior to Second Reading. In respect of Section 879 of the Local Government Act for consultation during an Official Community Plan amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the District's website, together with an invitation to the public to comment. It is, therefore recommended that Council not require any additional consultation. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the District of Maple Ridge's Approving Officer. - Prepared by: Rasika AcharyB-Arch, M-Tech, UD, LEED® AP Planner Approved by. ne Pkkertk, OGIP Director of Planning f ranRQuinrt&lA§Ar-f3-En-9 GM: Public Works & Development Services Concurrence: J. L. m ule VChief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw No. 6745-2010 Appendix C - Preliminary Subdivision Plan -5- 11 a Appendix A B P dB925 � 13265 m m 14 8 7 m4 13257 N 15 13250 132 AAVE 5 24 13251 132AAVE �'i c1°�• ¢4 23 � qo 6 16 16 BCP 1 979Is 4 P 2637 13238 13235 17 17 ca ARK m 7 13230 " 6CP 6892 20 13225 a A (L a8 I c� 9CP 9979 a� � m 13220 18 19 13215 Y 17 19 C 113205 13210 N 132 AyE W f P 7404 P 2637 P 2637 4 7 .B„ SUBJECT PROPERTIES 54 P 11147 50 F 2 37 cc N 13085 13066 22 P 1 0 `g a 55 3 13060 51 13055 m 56 W 1/2 15 E 5 2 N P 124 13040 52 5 57 _ 13025 N 13020 n -P53 P158 d_ 1 a 58 City of Pitt , e T� Meadows__f 0 23762/88 132 AVENUE -N o * CORPORATION OF THE DISTRICT OF - -. `�� - o MAPLE RIDGE N �� District of Langley `. .r PLANNING DEPARTMENT DATE: May 6, 2010 FILE: RZ/039/10 BY: PC SCALE 1:2,500 ��SER R- r Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6745-2010 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. 6745-2010." 2. Those parcels or tracts of land and premises known and described as: Lot A Section 28 Township 12 Plan LMP7404 and Lot B Section 28 Township 12 Plan LMP7404 and outlined in heavy black line on Map No. 1478 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-1(Residential District) and RS-1(One Family Urban 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. 20 . PUBLIC HEARING held the day of , A.D. 20 . READ a second time the day of , A.D. 20 . READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of PRESIDING MEMBER ,A.D. 20 . CORPORATE OFFICER 13257 15 1 - 15 A 23 24 1 13251 132AAVE. 6 15 14 00 00 16 t6 m 1 BCP 1 79 13235 I 17 m PARK IJ I m 7 c 13230 BCP 16892 20 13225 a a I a 18 m BCP 9979 a U8 a 1 m 13215 13220 18 19 s9aa s I 19 a he 17 �„ �P1 aw] jgas t3210 a � N L~ BCP 23304 LMP 7404 P 2637 4 P 7 50 aces m 1 CY fs0es 4 , P 12420 II 3 N I I � 13oe0 I 51 !I II 13D5.s W 1/2 15 , , E 1/215 2 IP 124 0 13610 52 P 2637 17 132 AVE. P 2637 7 54 P 11147 22 55 56 MAPLE RIDGE ZONE AMENDING Bylaw No. 6745-2010 Map No. 1478 From: RS-2 (One Family Suburban Residential) To: ® R-1 (Residential District) ® RS-1 (One Family Urban Residential) .. N SCALE 1:2,500 N E N c'4 E C4 E "E -E "E CN A C14 NE AE I R E E CD 'd- 13 , to q. ID .0 to 'o co to r, J z 's 10 a)-o' 00 Go N Z A Z < m Vi-3 C) C� LLI 0 l u m <+ + + + —— -C u + -C u O + I U) w LLI O N r F rn (nLA Appendix C W CIJ z E i�i V4 < Z) OD -Jj 0', L < rn Q CN LO C14O z N uj E w >- < Z< N < Lu to LO icr —i C14 Cl CL < CL m => X C-) V) LU L9 tt cq C-4 E LO C co M — OD i E E 0) C-4 V)g C4 C%4 Pr) 0 0) cunf) U) ------ ..... ... ... ... 04 I 0 STI 6Tt WIZ c� E CON rN C-4 -j E J E C14 E E U) Pn E rn cn C4 4 -LL O'n 0 9VL9 07L N 29 L9 cnc4 - ---------------- - LJ 4�0 - ----------- --q C4 cq C� < r: + (D q Atrjll. 4Z� + JD N z E r olm Y1,9 6zvt ED N 91 V)<W E j ry ift CL < Lon cn FZ -j LU �2 W) J§ ftft, Ir Cb 0-a '40 \(O bL 9.41 C4 LO own E cc OW 91 C) I lei 49C cq uj Deep Roots Greater Heights TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: RZ/063/10 Chief Administrative Officer ATTN: C of W First Reading Maple Ridge Zone Amending Bylaw No. 6751-2010 11655 Burnett Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) and C-3 (Town Centre Commercial) to RM-2 (Medium Density Apartment Residential). To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: In respect of Section 879 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: I. The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii. The Board of any Regional District that is adjacent to the area covered by the plan; iii. The Council of any municipality that is adjacent to the area covered by the plan; iv. First Nations; v. School District Boards, greater boards and improvements district boards; and vi. The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the District's website, together with an invitation to the public to comment; That Zone Amending Bylaw No. 6751-2010 be given First Reading; and; That the applicant provide further information as described on Schedules A, C, D, and F of the Development Procedures Bylaw No. 5879 - 1999. DISCUSSION: a) Background Context: Applicant: W S Bissky Architect Inc Wayne Bissky Owner: Shishu P Sharma Sheila Sharma 1102 Legal Description: OCP: Existing: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: Lot: 10, Section: 17, Township: 12, Plan: 12197 Low -Rise Apartment, Conservation RS-1 (One Family Urban Residential), C-3 (Town Centre Commercial) RM-2 (Medium Density Apartment Residential) Use: Apartment Zone: C-3 (Town Centre Commercial), RS-1 (One Family Urban Residential) Designation Low -Rise Apartment, Conservation Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Low -Rise Apartment, Conservation Use: Lougheed Highway and Burnett Street, beyond which is Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Zone: Designation Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: b) Project Description: Single Family Residential RS-1 (One Family Urban Residential) Ground -Oriented Multi -Family Vacant buildings Apartment 0.234 HA (0.58 acre) Burnett Street Urban An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) and C-3 (Town Centre Commercial) to RM-2 (Medium Density Apartment Residential). The applicant has requested the rezoning to permit the development of a four (4) storey apartment building containing approximately 21 units. At this time the current application has been assessed to determine its compliance with the Official Community Plan and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to Second Reading. Such assessment may impact Official Community Plan designations and Bylaw particulars and may require application for further development permits. -2- c) Planning Analysis: Official Community Plan: Town Centre Area Plan The subject property is designated Low -Rise Apartment and Conservation in the Town Centre Area Plan. The proposed RM-2 (Medium Density Apartment Residential) zoning complies with the Low - Rise Apartment land use designation. An Official Community Plan amendment application for a Conservation boundary adjustment may be required. Zoning Bvlaw: The current application proposes to rezone the subject property from RS-1 (One Family Urban Residential) and C-3 (Town Centre Commercial) to RM-2 (Medium Density Apartment Residential) to permit the development of an apartment building. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.9 of the Official Community Plan, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Pursuant to Section 8.11 of the Official Community Plan, a Town Centre Development Permit application is required for all multifamily residential development located in the Town Centre. Advisory Design Panel: A Town Centre Development Permit is required and must be reviewed by the Advisory Design Panel prior to Second Reading. d) Interdepartmental Implications: In order to advance the current application, after First Reading, comments and input will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Parks Department; e) Licences, Permits and Bylaws Department; The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between First and Second Reading. -3- e) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedural Bylaw No. 5879 - 1999 as amended: 1. An Official Community Plan Application (Schedule A); 2. A complete Rezoning Application (Schedule C); 3. Multi -Family Residential Development Permit Application (Schedule D); 4. Watercourse Protection Development Permit Application (Schedule F); The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. CONCLUSION: The development proposal is in compliance with the Official Community Plan, therefore, it is recommended that Council grant First Reading to Maple Ridge Zone Amending Bylaw No. 6751- 2010 subject to additional information being provided and assessed prior to Second Reading. It is expected that once complete information is received, Zone Amending Bylaw No. 6751-2010 will be amended and an Official Community Plan amendment application for a Conservation boundary adjustment may be required. In respect of Section 879 of the Local Government Act for consultation during an Official Community Plan amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the District's website, together with an invitation to the public to comment. It is, therefore, recommended that Council not require any additional consultation. Prepared by: Patrick Ward Plann' Thnician Approv a ing, P, MCIP Director of Planning Approved b k P.Eng GM: PublWorks & Development Services Concurrence: J. L �Jimule�J �. , Chie 'ministrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw No. 6751-2010 Appendix A yr2� Rem NW LOT 1 S 1 /2 5 b i o N 1830�K6°�°° 1 22�2� 11716 N N °5 2 P 12588cD 11695 Rem. 1 60 227 N 0 11690co 1 CL � 3 2 LOT 2 00 11681 P 12588 CL IL � 2 22�ce 2 228 N N 4 11669 N 11678 11675 `� � 11671 116 5 P4/. rr '��` a, 238 �y 6�0 11661 �y P 12197 22�`' r'o 11667 239 co 6 rr64e,s4 8 N Subject Property 11663 N 10 240 11646 9 Q P 12197 11655 Rem 11659 241 m rn 11632 2 11644 N N P 12316 6 raj 14 13 EP 12951 11633 P 16011 B co 228g� Rem. 11621 rn P 12316 0�[ 5 12 3 P 144 6 °°lfl2 �� A 11607 1g 2 13 rn RP 13279 22908/10 22904/06 0 22790 `n IL 10 22782 2 11597 14 A c^v 9 NWS 3378 P 16473 N 11585 4 8 c 1 it f Pitt _ Mea ows 11655 Burnett St � tlrz Al CORPORATION OF THE DISTRICT OF MAPLE RIDGE District of 'ti Langley i __ 1! I PLANNING DEPARTMENT SCALE 1:1,500 .- Y �� DATE: Jul 29, 2010 RZ/063/10 BY: JV �. SER R _ �� Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6751- 2010 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. 6751- 2010." 2. That parcel or tract of land and premises known and described as: Lot 10 Section 17 Township 12 New Westminster District Plan 12197 and outlined in heavy black line on Map No. 1488 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. 20 . READ a second time the day of PUBLIC HEARING held the day of READ a third time the day of APPROVED by the Minister of Transportation this RECONSIDERED AND FINALLY ADOPTED, the PRESIDING MEMBER ,A.D. 20 . ,A.D. 20 . ,A.D. 20 . day of , A.D. 20 . day of , A.D. 20 . CORPORATE OFFICER MAPLE RIDGE ZONE AMENDING Bylaw No. 6751 —201 0 Map No. 1488 From: RS-1 (One Family Urban Residential) C —3 (Town Centre Commercial) To: RM-2 (Medium Density Apartment Residential) MAPLE RIDGE 6rili-A, Columbia N SCALE 1:1,500 DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: RZ/012/10 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First and Second Reading Maple Ridge Official Community Plan Amending Bylaw No. 6746 - 2010 Second Reading Maple Ridge Zone Amending Bylaw No. 6722 - 2010 24930 110 Avenue EXECUTIVE SUMMARY: An application has been received to rezone a southern portion of the subject property from RS-3 (One Family Rural Residential) to RS-1b (One Family (Medium Density) Urban Residential) to permit a ten (10) lot single family subdivision. The proposed RS-1b (One Family (Medium Density) Urban Residential) zoning complies with the Official Community Plan. An Official Community Plan amendment is required to designate the area around a watercourse as Conservation. RECOMMENDATIONS: 1. That Maple Ridge Official Community Plan Amending Bylaw No. 6746 - 2010 be given First and Second 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. 6746 - 2010 on the municipal website, 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. 6746 - 2010 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. 6746 - 2010 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5. That Zone Amending Bylaw No. 6722 - 2010 be given Second Reading and be forwarded to Public Hearing; and 6. That the following terms and conditions be met prior to Final Reading: 1103 Payment of equivalent construction costs associated with the future equestrian trail being relocated to an alternative location; ii. Park dedication as required; and iii. Amendment to Schedule "B" and "C" of the Official Community Plan. DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Proposed: Zoning: Gurinder Grewal Surinder S Jassal and Sadhu S Dhillon Lot: 14, Section: 11, Township: 12, Plan: 1363 Low/Medium Density Residential Low/Medium Density Residential Existing: RS-3 (One Family Rural Residential) Proposed: RS-1b (One Family Urban (Medium Density) Residential) 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 requirement: Single Family Residential RS-3 (One Family Rural Residential) Low/Medium Density Residential Single Family Residential RS-1b (One Family (Medium Density) Urban Residential) Low/Medium Density Residential Single Family Residential RS-3 (One Family Rural Residential) Low/Medium Density Residential Suburban Residential Single Family Residential RS-3 (One Family Rural Residential) Low/Medium Density Residential, Institutional Single Family Residential Single Family Residential 1.903 HA. (4.77 acres) 249 Street, 110 Avenue Urban -2- Companion Applications: Previous Applications: b) Background: SD/012/10, DP/012/10 RZ/103/06 This project was the subject of a previous rezoning application (RZ/103/06). Council considered this rezoning application at a Public Hearing held on May 20, 2008 and granted second and third reading on May 27, 2008 to Maple Ridge Zone Amending Bylaw No. 6564-2008. The Development Procedures Bylaw No. 5879-1999 states that rezoning applications will be closed one year following the date of third reading of the Zone Amending Bylaw unless the applicant has received an extension from Council. The proponent was notified about the impending closure and was given the option to extend. No extension request was received, therefore, Zone Amending Bylaw No. 6564- 2008 expired and rezoning application RZ/103/06 was closed. On March 23, 2010, Council granted First Reading to the subject Zone Amending Bylaw No.6722 - 2010 and resolved that the applicant provide further information as described on Schedules A, B and F of the Development Procedures Bylaw No. 5879-1999. The applicant has provided all of the required information and a detailed review of the application has been undertaken with comments received from various departments. In accordance with the Development Procedures Bylaw, Council may now consider granting Second Reading to Zone Amending Bylaw No. 6722 - 2010. c) Project Description: An application has been received to rezone the southern portion of the subject property from RS-3 (One Family Rural Residential) to RS-1b (One Family Urban (Medium Density) Residential) to permit the subdivison of this portion of the site into ten (10) single family lots, each having a minimum lot size of 557 m2. The proposed lots will front a new minor urban road that will intersect with 249 Street. The remainder of the lands will retain the existing RS-3 (One Family Rural Residential) zoning and will remain a single lot as municipal services cannot be provided to these lands at this time. Major infrastructre improvements are required before sanitary sewer and water service can be extended beyond the proposed subdivision on the southern portion of the property. An existing dwelling on the northerly portion of the lands will be retained. The area around a watercourse which has been identified on the subject property will be dedicated as park as part of this application. d) Planning Analysis: Official Community Plan: Albion Area Plan The subject property is designated Low/Medium Density Residential on the Albion Area Plan and the proposed RS-1b (One Family Urban (Medium Density) Residential) zoning complies with this land use designation (Section 10.2.7). An Official Community Plan amendment is required to designate WIN as Conservation the area around a watercourse that was not previously identified on the Albion Area Plan. Section 7.6 Multi -Use and Equestrian Trails, Policy 7-43 An equestrian trail is currently located on the east shoulder of 249 Avenue and is identified on Appendix E, Figure 5 Long Term Multi -purpose Trail Plan. A comprehensive inter -departmental review of the trail network in the north Albion Area has determined that this trail is to be relocated to a more suitable location to provide better connectivity and to avoid the use of collector streets for equestrian trails. The applicant will be required to provide the construction costs for an equivalent portion of a new trail in an alternate location. Zoning Bylaw: A review of the preliminary subdivision plan in relation to the Zoning Bylaw requirements has revealed that the proposed development complies with the provisions of this bylaw. The ten (10) single family lots and one (1) remainder lot meet the minimum lot width, lot depth and lot area requirements of the RS-1b (One Family Urban (Medium Density) Residential) zone and the RS-3 (One Family Rural Residential) zone respectively. Development Permits: A tributary of Kanaka Creek has been identified on the subject site and, as such, a Watercourse Protection Development Permit will be required. The applicant has applied for a Watercourse Protection Development Permit and this application will be processed in conjunction with the companion rezoning and subdivision applications. e) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the servicing for the development and has advised that no rezoning servicing agreement will be required. All required servicing and road dedication will be secured through the subdivision process. Parks & Leisure Services Department: The Parks & Leisure Services Department have determined that the equestrian trail currently located on the east shoulder of 249 Street is to be relocated to a more suitable location. The applicant will be required to provide the construction costs for an equivalent portion of a new trail in an alternative location. The Parks & Leisure Services Department have also 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 ten (10) trees which is based on one tree per lot; final subdivision design will provide exact numbers. The Manager of Parks & Open Space has advised -4- that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $250.00. f) School District Comments: Rezoning application RZ/012/10 requires an amendment to the Official Community Plan to designate the area around the watercourse as Conservation. As such, the application was referred to the School District for comment. No comments have been received at this time. 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, designation of the area around the watercourse as Conservation, 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. h) Environmental Implications: With the identification of a tributary of Kanaka Creek on the subject site, a Watercourse Protection Development Permit will be required to ensure the protection and enhancement of the area around the watercourse. The area around the watercourse will also be dedicated as park for conservation purposes. An arborist report has been prepared for the southern portion of the lands proposed for development. Existing growth within the area to be dedicated as park will be retained subject to the review of danger trees which may have to be removed with the introduction of targets (new dwellings) adjacent to the park area. Otherwise the report does not identify any tree retention opportunities within the development portion of the site given road, servicing and building construction and the resulting root damage. CONCLUSION: The proposed RS-1b (One Family Urban (Medium Density) Residential) zone complies with the Low/Medium Density Residential designation of the Official Community Plan (Albion Area Plan). An Official Community Plan amendment is required to designate the area around the watercourse as Conservation. -5- It is recommended that Maple Ridge Official Community Plan Amending Bylaw No. 6746 - 2010 be given First and Second Reading and be forwarded to Public Hearing. It is further recommended that Zone Amending Bylaw No. 6722 - 2010 be given Second Reading and be forwarded to Public Hearing. .� 422/�,J Prepared by: Patrick Ward Plannin 'Tel nician .A- — --� JaNe Pic ,�G�P, MCIP Director qkPlanring Appr ed by: r Quin", BA, rEng GM: Public r & Development Services Concurrence: J. L. (; ' Ie Chief Administrative Officer PW The following appendices are attached hereto: Appendix A - Subject Map Appendix B - OCP Amending Bylaw No. 6746 - 2010 Appendix C - Zone Amending Bylaw No. 6722 - 2010 Appendix D - Preliminary Subdivision Plan well 2 P 71308 yCS 25 17 Rem 4 11051 P 29924 26 Appendix A 11070 ROAD 11025 N 18 C��7 A P 842 P 23 C RP 16170 P 1363 4 m osal Rem 14 2 1 F 19 F Subject Property N Rem 16 10921 P 23702 P 1363 N 20 Rem B B P 33200 18 17 16 15 108B AVE. 14 r 10891 14872 m a 19 20 13 P 23702 108W a P 34411 N 12 w �22 21 10848 A 27 g v ti 11 70836 0 21 �0622 108A AV E. 10 N NY� V V 8 7 N 9 N6 8CP3 00 4 5 3 City of Pitt. I Meadows f ' ! 0 24930-110 Ave _ �`� / o CORPORATION OF s * THE DISTRICT OF MAPLE RIDGE N District of 'l = Langley �� j PLANNING DEPARTMENT SCALE 1:2,500� DATE: Feb 24, 2010 DP/012/10 BY: PC =�FFTASER Fi.�1 —� Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6746 - 2010 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 Schedules "B" & "C" 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. 6746 - 2010 2.. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 14 Section 11 Township 12 Plan 1363 New Westminster District and outlined in heavy black line on Map No. 797, a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Conservation. 3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and described as: Lot 14 Section 11 Township 12 Plan 1363 New Westminster District and outlined in heavy black line on Map No. 800, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the day of A.D. 20 . PUBLIC HEARING HELD the day of A.D. 20 . READ A SECOND TIME the day of , A.D. 20 . READ A THIRD TIME the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of PRESIDING MEMBER ,A.D.20. CORPORATE OFFICER i11092 - 2 25 P 1363 17 Rem 4 P 71308 11051 P 29924 U O 26 11070 N 11025 P 29924 a � 18 A P 84 54 RP 16170 ti 10974 10941 2 1 F 0. 19 P 1363 Rem 14 N Rem 16 10921 P 23702 P 1363 N 20 Rem B 8 P 33240 18 17 16 15 e33�n1 1 p88 AVE 14 w 10872 n w 10891 O a 19 ry 20 13 P 23702 a 1o�a P 34411 rn v N MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No. 6746-2010 Map No. 797 From- Low/Medium Density Residential To: C onservation MAPLE RIDGE N SCALE 1:2,500 11092 - - 2 25 P 1363 17 Rem 4 P 71308 N 11051 nO P 29924 0 0 O I 26 11070 11025 P 29924 N N 18 A P 84 54 RP 16170 n F0974 10941 2 1 F a 19 P 1363 Rem 14 m � N N Rem 16 10921 S P 23702 P 1363 N 20 Rem B P 33200 a18,7 N 1615 TN' �ry3 w IOOBAVE. p� 14 w 10872 10891 0 a 19 20 13 P 23702 N N a lnsao P 34411 m a N MAPLE RIDGE OFFIC IAL COMMUNITY PLAN AMENDING Bylaw No. 6746-2010 Map No. 800 To: C onservation MAPLE RID GE N SCALE 1:2,500 Appendix C CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6722 - 2010 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. 6722 - 2010." 2. That parcel or tract of land and premises known and described as: Lot 14 Except: Firstly: Part dedicated Road on Plan 29924 Secondly: Parcel "A" (Explanatory Plan 33401), Section 11 Township 12 New Westminster District Plan 1363 and outlined in heavy black line on Map No. 1474 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-1b (One Family Urban (Medium Density) 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 23rd day of March, A.D. 2010. READ a second time the day of , A.D. 200. PUBLIC HEARING held 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 IT051 P 29924 2.196 ha. co y O O 1.619 ha 26 x O 2.320 ha J 0.703 ha 11070 r'3 11025 P 29924 N N 18 A P 84 54 RP 16170 0.809 ha 0.809 ha 10974 P 1363 10941 F 2 1 F o < N Rem 14 1 1.922 ha. 1.273 ha. 0.513 ha. 1.765 ha. i i 19 0.809 ha a Rem 16 10921 S P 23702 N P 1363 20 Rem B 8 P 33200 18 17 ^ 16 15 0.805 ha. 0.809 ha 1O8B AVE. �4 14 w n M 10891 10872 N cc 3.104 ha 10 13 a_ `° 19 20 y P 23702 a toeso P 34411 rn v N Sf184a I N 1�' 0.809 ha. 2.032 ha. 108AAVE. �08 ?2 � A N v 1.163 ha. co " N MAPLE RIDGE ZONE AMENDING Bylaw No. 6722-2010 Map No. 1474 From: RS-3 (One Family Rural Residential) To: RS-1 b (One Family Urban (medium density) Residential) N SCALE 1:2,500 Appendix D Phone 604-463-M F= W-463-4501 Road-, 110th Avenue 2�r C/ien t: n>p 18 ,b� k Valley Peak Developments Ltd N r 1 Project: 249JO 110th Avenue 1 FUTURE DEV. Maple Ridge i � 11 Pt 7243 m2 G Total 8277 m2 VQi Drawing Title. - Proposed Subdivision Plan Of ,, Lot 14 Except: Firstly. Part Dedicated Road On Plan QU 4FFi 29924, Secondly Parcel "A" ()p Plan 33401) Sec 11 Tp ,12 00 Plan 1363 PC PARK Pt 2559 m2 Q- Cl) Note 152 19 I 1 1 1 2.4 20.0 PLAN 1363 11 Pt 1034.4 m2 rasp0 1.5 1.5� I ! I ! !I I Bill, 9 ! aacs I ! ova ! i �-� 17.6 r Road 2M5 m2 8 AMIMUM BUILDING ENWLOPES 12,,12 RS-lb, 12.05 SN4MN ffss 1771 17.71 V.n r7.Tl f1I �II 20 1 1 15 —W-B zna .z I�$ ! ! II I l I o L--J L---J L_—_J L---J 17.6 nn nn A r��, ran rr:rr f 18 17 16 15 I SCALE 1 500 0 25 50 m C.td%.d C—t ]Ak 171h 0oy O/ May, 2010 M aemwnam Scale: 1: 500 Date: July 19, 2010 Of File: MR06-115SK2 Deep Roots Greater Heights TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer Second Reading DATE: August 19, 2010 FILE NO: RZ/075/09 ATTN: C of W Maple Ridge Zone Amending Bylaw No.6737 - 2010 23553 LARCH AVENUE yl X�i�Ylil�l��1 Ji l u /_1:"i On May 25, 2010 Council gave first reading to rezone the subject property from RS-3 (One Family Rural Residential) to R-1(Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit a future subdivision of 13 Single Family parcels and 17 Multi -Family parcels (street townhouse units in duplex and triplex forms). It was recommended in the 1st reading report dated May 10, 2010, that the applicant provide further information as described on Schedule C, D, E & G of the Development Procedures Bylaw No. 5879 - 1999 prior to being considered for 2nd reading and proceeding to the Public Hearing. The applicant has completed this recommendation, hence this 2nd reading report for Council consideration. The subject property is designated Medium/High Density Residential in the Silver Valley Area Plan. The proposed R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) zoning aligns with this land use designation. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6737 - 2010 be given second 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; Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. Registration of a Restrictive Covenant for the Duplex Design to regulate the form and character of these units; iv. Road dedication as required; 1104 V. Restoration and rebuilding of the existing Equestrian Trail and retaining it for better pedestrian connectivity as a multi -purpose walkway for public; vi. Park dedication or market value of 5% of the land as required, including construction of walkways and/or equestrian trail. vii. 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: Slade Dyer of Bowins & Dyer Management Inc. Owner: 0782937 BC LTD Legal Description: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter of Section 28 Township 12 New Westminster District, Except: Parton Plan LMP35465; PID: 002-021-315. OCR Existing: Zoning: Med/High Density Residential Existing: RS-3 (One Family Rural Residential) Proposed: R-1(Residential District), RST-SV (Street Townhouse -Silver Valley) Surrounding Uses North: Use: Single Family Residential Zone: RS-1b (One Family Urban Residential -Medium Density) and R-1(Residential District) Designation Medium Density Residential and Medium High Density Residential South: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) and RS-3 (One Family Rural Residential) Designation: Medium High Density Residential East: Use: Single Family Residential (*proposed Multi -Family Residential RZ/05/08) Zone: R-1(Residential District); RS-2 (One Family Suburban Residential); RS-3 (One Family Rural Residential) *Proposed RM-1 (Townhouse Residential) -2- Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: b) Project Description: Medium High Density Residential Vacant RS-3 (one Family Rural Residential) Medium High Density Residential Vacant Single Family Residential and Multi -family Residential 1.480 HA (3.7acres) 133rd Avenue Extension, Larch Avenue, 236th Street. Full Urban The subject site consists of a 3.7 acre lot, west of 236t" Street in Silver Valley. The applicant is proposing to rezone the subject property located at 23553 Larch Ave from RS-3 (One Family Rural Residential) to R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit the future subdivsion of 13 single family lots and 17 street townhouses in duplex and triplex design. An easement and maintenance agreement will be registered on the street townhouse lots at the subdivision stage to ensure that all joint servicing and maintenance issues are addressed prior to occupancy. These street townhouse buildings are designed to have the appearance of a townhouse while also providing a more individualized style for each unit. Concurrent applications include a Subdivision application to create the proposed lots; Development Permit application to regulate form and character of the street townhouse units; Development Variance Permit application for the variance requested and a Natural Features Development Permit to protect, restore and stabilize some portions of the land that have an average natural slope of greater than 15 percent. This year a number of street improvement options involving Larch Avenue and 236th Street were presented at the Council Workshop. This application includes the construction of part of Larch Avenue. Staff is in discussion with the neighbouring property owner to advance the construction of Larch Avenue from 2361h Street. c) Planning Analysis: Official Community Plan: The development site is within the Silver Valley Area Plan of the Official Community Plan. The development of Silver Valley is based on principles associated with achieving a complete community with good pedestrian linkages. Within the Silver Valley Area Plan, the subject site falls between Forest Hamlet and River Village. It is designated Medium High Density Residential in the Silver Valley Area Plan. The proposed R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) zoning aligns with this land use designation. Zoning Bylaw: Two zones have been proposed: R-1 (Residential District) for 13 single family lots and RST-SV (Street Townhouse -Silver Valley) for 17 street townhouses. The proposed R-1 (Residential District) zone requires a minimum lot size of 371 m2; a minimum lot width of 12 meters and a minimum lot -3- depth of 24 meters. The proposed 13 single family lots comply with this and range in size from 372 m2 to 607 m2. The minimum lot size, lot depth and lot width for the proposed RST-SV (Street Townhouse -Silver Valley) zone depends on a rear lane access and lot location with respect to a street or lane (interior, exterior or exterior lot on Street corner). All the proposed lots comply with the minimum lot size, lot width and lot depth required for the proposed zone. The proposed RST-SV (Street Townhouse -Silver Valley) zone also specifies that the common walls between units must be adjoined to the full length of the interior side wall of the neighbouring unit. This requires a variance as stated below as some units have been staggered. Variances to the Zoning Bylaw: The applicant is seeking the following variance to the RST-SV (Street Townhouse) zone: • Variance to Section 601E (6.0) Setbacks (1) Interior Side: requiring the full length of the interior side wall of the principal dwelling and garage is adjoined to the full length of a neighbouring building. Lot 3, 4, 24, 25 and 26 (Appendix C) require a variance as they do not comply with this requirement due to the staggered common party walls; This will be the subject of a future Council report. Development Permits: Pursuant to Section 8.7 of the Official Community Plan, a Multi -Family Development Permit application is required to ensure the current proposal enhances existing neighbourhoods with compatible housing styles that meet diverse needs, and minimize potential conflicts with neighbouring land uses. A Development Permit application (DP/075/09) has been submitted for the triplex unit on Lot 24 (Appendix C). This will be the subject of a future Council report. Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit application is required for all development and subdivision activity for; • All areas designated Conservation on Schedule "B" or all areas within 50 meters of an area designated Conservation on Schedule "B"; • All lands with an average natural slope of greater than 15 percent; • All floodplain areas and forest lands identified on Natural Features Schedule "C" According to the District's mapping system, this property has an average natural slope of greater than 15 percent. A Natural Features Development Permit application (DP/058/10) has been submitted for review. AdvisoryDesign Panel: On August 10, 2010 the Advisory Design Panel reviewed the proposal for form and character. There were several concerns, questions and comments raised by the panel due to inconsistency in the architectural drawings presented and unresolved issues about form, design, building code, and on- -4- site storm water management, erosion sediment control and drainage. The panel recommended the following through a resolution: The following concerns be addressed and digital versions of revised drawings & memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information. • Revise the drawings to ensure consistency between the renderings and drawings; architectural, landscape and pencil; • Landscaping plan be prepared indicating sidewalks, and street tree locations on Larch Avenue; • Resolve fire separation issues relative to form and character; • Provide a roof plan showing resolution of roof slopes and drainage in relation to form and character; • These comments refer to the triplex plans however should be considered and reviewed in relation to the duplex plans by the applicant. The applicant has not completed the request of the Design Panel; several issues remain to be addressed for the duplex units which will have a Design Covenant and for the triplex unit which will be covered through a Multi -Family Development Permit. This will be the subject of a future report to Council. Develo ment Information M etin : In accordance with Council Policy 6.20 a Development Information Meeting was required for this proposal as more than 21 units/ parcels are proposed. On August 11, 2010 the applicant and his team of consultants held the "Development Information Meeting" at "Maple Ridge Eagles Hall", 23461 Fern Crescent from 6:30 to 8:30 pm. As per Council Policy 6.20, invitations were mailed to qualifying property owners, advertisements were placed in the local paper and a notice was attached to the development sign on site. All the proposed drawings were displayed for all interested residents. This meeting was attended by approximately 16 people who had several comments and concerns. Comments from this meeting were: • Increased traffic on 236th Street and traffic impacts at the intersections of 133rd Avenue and 236th Street; Fern Crescent and 236th Street. This included concerns over sidewalks; • Schools in the Silver Valley area and this development further impacting the school scenario; • A preference to have more park area to accommodate the existing residents; • Storm drainage on 236th Street with respect to previous flooding on the southern property; -5- • Maintaining the Horse Trail on Larch Avenue, during and after construction and a desire to keep it for multi -purpose use as a good access to the Shull Trail as the Greg Moore Trail (north of 2331d Street) is not completed and open to public yet; • Questions related to proposed lot value, unit value, construction timing, future construction of Larch Avenue to the west and site servicing; d) Citizen/Customer Implications: Any neighbourhood concerns about this proposal may be expressed at the Public Hearing. e) Interdepartmental Implications: Engineering Department: The Engineering Department reviewed the proposal and determined that all the required off -site services do not exist. The deficient services which are required to be provided through a Rezoning Servicing Agreement include the following: road dedication for Larch Avenue, 233,d Street; off -site upgrades like sidewalk, street trees, curb, gutter, etc. The Sanitary and Storm sewer needs to be extended along Larch Avenue to the west of the boundary of the subject site. The municipal water system must be reviewed by the applicant and upgraded if found inadequate for fire flow quantity and pressure required for the proposed density. Building Department, The Building Department reviewed the proposal and has the following comments: • Party walls between units must be constructed as firewalls and meet all the applicable BCBC requirements for firewalls; • Roof overhangs are not permitted to encroach beyond firewalls onto adjacent lots; • Lots 3,4,24,25 and 26 proposing building faces that are offset from the adjacent units must be non-combustible construction with non-combustible cladding due to spatial separation and the zero meter setback; • Lot grading plan must provide retaining wall details for single and tiered walls including construction material specification and typical sections; • Any on -lot storm water management systems must be identified on each lot. These must be resolved before Subdivision approval and the issuance of a Building Permit. Parks & Leisure Services Department: The Parks & Leisure Services Department have confirmed that the existing Equestrian Trail in the Larch Avenue road right-of-way will no longer be an Equestrian route, however the existing trail shall be retained for better pedestrian connectivity as a walkway. If this existing trail is disturbed due to any servicing works/ upgrades, a new trail for pedestrian use is to be built and restored. WE 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 may be an additional 35 trees which is based on the landscape plan dated September 2009 by DMG Landscape Architects; 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 $ 875.00. Fire Department: The Fire Department has reviewed the proposal and has no concerns with it except a reminder that access and visibility of fire hydrants must be maintained especially as the corner lots are best locations for these. f) School District Comments: A referral was sent to the School District Office on July 27, 2010 and no comments were received. g) Canada Post Comments: A referral was sent to the Canada Post Corporation on July 27, 2010. They have requested that a small portion of the 2331d Street road right-of-way be utilized by Canada Post to install Community Mailboxes to effectively supply convenient and safe mail delivery to the citizens of Maple Ridge. They have sent a plan showing the preferred location which is close to Lot 18 (Appendix C). h) 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. There is no amendment to the Official Community Plan for this development proposal. i) Environmental Implications: A Natural Features Development Permit will be required for this proposal as this property has an average natural slope of greater than 15 percent. A Natural Features Development Permit application (DP/058/10) has been submitted for review. Prior to approval of the Natural Features Development Permit the applicant/ developer will post refundable security with the District for any enhancement, slope stabilizing and landscaping works based on a planting plan and cost -estimate by the Environmental Monitor. -7- CONCLUSION: The proposal is in compliance with the Official Community Plan, however requires a Development Variance Permit, Development Permit and a Natural Features Development Permit as described in the report. Several concerns and questions raised by the Advisory Design Panel have to be yet addressed by the applicant and will be noted in a future Development Permit report. kLJYk Prepared by: Rasika Acharya, B-Arch, M-Tech, UD, LEEDS AP Planner Ap oved by. —Jane enng, M , MC1P Director of Planning f by: f FarUuk AID ,1':Eng �GM: Public Works & Dev op ent Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer RA / RZ The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw 6737 - 2010 Appendix C - Proposed Subdivision Sketch and Site Plan Appendix D - Proposed Landscape Plan W:z 13431 18 13430 12 LMP 4 68 13425 13422 13 PAR 13418 14 1 13412 16 BC 2355 17 13400 PARK 7 8 13400 13395 6 28 13385 13390 7 13380 29 13375 5 6 13370 13365 4 23486 5 13360 30 13355 3 R 4 13350 1a�d5 2 3 BCS 577 1333b 1 2 13336/40 1 h r3 ry 2 41 h 3 '13ra P K 4 1331a 13309 A 153 5 13305 13301 N 6 RP 15218 JIP 5 145 a 9 �e 7 A Rem 3 P 3007 PP X4138 SUBJECT PROPERTY - 1 RP 1804A Rem. Pd. C �Tr7ila►!�f%��� �y 20 w 27 w 16 5g 28 15 14 21 r� 22 Rem 2 1�,, 23 LMP 35466 13 ,s 30 a 12 c a is a Qq ry 21 z 22` 23 9 ti 24 ❑ 25 7 ^1 10111111111I©E 6E gyp}P26 6 y � TO a27 Q 17P QryF 28 a 16 29 15 30 14 13 ti ti�°� 12 23667 5 s 7 8 9 ❑ 1 13: City of Pitt Meadows 23553 LARCH AVENUE I. a O CORPORATION OF THE DISTRICT OF ° MAPLE RIDGE N District of I r Lan Ie _ # PLANNING DEPARTMENT 9 Y 4:t F SCALE 1:2,500 — __` t Y 4• .� R�- - DATE: Nov 17, 2009 FILE: RZ/075/09 BY: PC �y 20 w 27 w 16 5g 28 15 14 21 r� 22 Rem 2 1�,, 23 LMP 35466 13 ,s 30 a 12 c a is a Qq ry 21 z 22` 23 9 ti 24 ❑ 25 7 ^1 10111111111I©E 6E gyp}P26 6 y � TO a27 Q 17P QryF 28 a 16 29 15 30 14 13 ti ti�°� 12 23667 5 s 7 8 9 ❑ 1 13: City of Pitt Meadows 23553 LARCH AVENUE I. a O CORPORATION OF THE DISTRICT OF ° MAPLE RIDGE N District of I r Lan Ie _ # PLANNING DEPARTMENT 9 Y 4:t F SCALE 1:2,500 — __` t Y 4• .� R�- - DATE: Nov 17, 2009 FILE: RZ/075/09 BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6737 - 2010 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. 6737 - 2010." 2. That parcel or tract of land and premises known and described as: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter of Section 28 Township 12 New Westminster District, Except: Part on Plan LMP35465 and outlined in heavy black line on Map No. 1484, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned as shown. 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 25th day of May, A.D. 2010. PUBLIC HEARING held the day of , A.D. 20 . READ a second time the day of , A.D. 20 . READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of PRESIDING MEMBER ,A.D. 20 . CORPORATE OFFICER 134V 16 2355 17 13406 13A� 7 6 13400 13395 6 13385 13390 7 133N 9 13375 5 6 13370 13365 4 5 13360 2 1335s 3 4 13350 13345 2 3 BCS 577 133� 1 2 13336/40 1 y. 2 h� 3 1731g K ro° �o �3313 4 73309 52146 5 133054 ¢ 13301 6 �I RP 15218 a �8 9 uj 7 A �I J ev CH AVE, w x 4 z3�1 22 Rem 3 Rem 2 66416 23 P 3007 LMP 35466 1, 133 30 PP X4138 12 � ,iy1a 3 19 11 ti$ 11 20 �\ 10 10 � .y 21 1 ti� ,� 22i .y 23 9 �^ 1tih 24 8 \ 8 e4 7 n ti ti ry3ti .pro 6 6 17 " � �TQp� 328 16 Y 29 4 I ti p�' z3 FS .0. ry 'q 30 1 8CP 29630 14 Cp 3 31 12 % 31 23887 J 1 2 3 4 5 -6-7 $ 9 10 11 32 i y 23691 m i' iV m 23097 33 r LMP 35468 133 AVE. 21 w 13245 4 38 39 P 47603 P 24142 P 40918 13260 w w P 374 2 y 35 H P 47 30 31 32 33 •PP159 13227 22 r 0_ 13215 34 MAPLE RIDGE ZONE AMENDING Gk law No. 67-. —L 01 C Map No. 1484 From: RS-3 (One Family Rural Residential) To: ® R- 1 (Residerilial District j ® RST—SV (Street Townhouse -- Silver Valley') rn I a A 20 N SCALE 1:2,500 iX C R-1 MIN 371 m2 LOTS AND RST-SV STREET TOWNHOUSE ZONES 110.35 o. et I 10 a " a 31.65 29, 7 372m2 N O 380m�2 i31.0 31.65 I 380m2 9 372m2 0 N 12 o 2s.7 380m2 N1. TI 16 31.0 31.65 380m2 N ^j I 372m2 N 8. 13 o f 29.7 380m2 17 In o 31,0 31.65 ^ 430m2 . N 7 O 7 I 372m2 `v 14 r I 1,46 422m2 98 5•4 94I 9.05 31 0 I6 372m2 23 20 21 22 334m2 + 19 249m2 249m2 248m2 5 'Co18 259rn2 00 607m2 337m2 r Lo y 7,57 6.76 N Ala,------ ! 4 - o � 330m2 -� I 3 °' 316m2 I 2 i p4 N 330m2�338�2 j443m2 1 �� `L C �� ��• �� �1. 27.4 ,�' 28 y' yo 270m2 15,g0 La' 27,0 9° 25 26 o 29 �0$a 320m2 379m2 7700m2 24 ---------------- ' 1 y 488m2 c 30 m � 27 Q N "' 310m2 } f0,0 ip.0 O LARCH A E SUBDIVISION PLAN SEPT 16 2009 N W E 5 1:750 Ll N CP*9 i h� dry OZL out ❑_0! S' t c e -m n �.0 �� 2 F- Wwl CD g , +[ 0'ZL 071 O.ZL r.a r ! 1 p n < -n N r7 E � , 1 0 ID �. Z] nn r � 9 ti •� }97T'� f � N uoai N N N N N �JJ M M 00 M M Qo M LC) ^O r 1 1 { \�/ L `S 3 _ — — _ _ — _K_ N �d Z! 07 _ 0'—P'2l 4'�I £L SZ l L [ — — -• — — 8 o _1 8L*-�zL t m ° w 4 nm3 �'yVj�1 C mmm dfS'Yg6RQU HOE m mm vi F qq ss !- .1 lu Lil W v io l J v J N LLI So 0 Ngoaz � F Ov?IH 2UN n '° 0 i W _ ° �j€� �SEEEPS8S8SE8� `gS 2E � �IY�� 1 o fl- n LU J� az g gggggg ° qq m _ a 25� zgcsm^o ps�o^5?8�Pegom_ m�j8o $ � a •rm 1 1. '-Li All �I ij ask FL'S;, awl 3 �'- . .3 ■il -7 h�� a �14a �J W fh D Ld W F- > W W � Z Ml DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: RZ/018/10 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Second Reading Maple Ridge Zone Amending Bylaw No. 6734 - 2010 12580 243 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit a two (2) lot single family subdivision. This application is in compliance with the Official Community Plan. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6734 - 2010 be given Second Reading and be forwarded to Public Hearing. DISCUSSION: a) Background Context: Applicant / Owner: Legal Description: OCP: Existing: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation South: Use: Zone: Designation: Robert V. and Janice C. Rusbourne Lot 82 Section 22 Township 12 NWD Plan 43885 Estate Suburban Residential RS-3 (One Family Rural Residential) RS-2 (One Family Suburban Residential) Single Family Residential RS-3 (One Family Rural Residential) Estate Suburban Residential Single Family Residential RS-3 (One Family Rural Residential) Estate Suburban Residential 1105 East: Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: Companion Applications: b) Background: Single Family Residential RS-2 (One Family Suburban Residential) Estate Suburban Residential Single Family Residential RS-3 (One Family Rural Residential) Estate Suburban Residential Single Family Residential Single Family Residential 0.812 HA (2.0 acres) 243 Street, 126 Avenue Suburban with sanitary sewer SD/018/10, VP/018/10 On April 13, 2010 Council granted First Reading to the subject Zone Amending Bylaw No. 6734 - 2010 and resolved that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999. The applicant has provided all of the required information and a detailed review of the application has been undertaken with comments received from various departments and external agencies as applicable. In accordance with the Development Procedures Bylaw, Council may now consider granting Second Reading to Zone Amending Bylaw No. 6734 - 2010. c) Project Description: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit a two (2) lot single family subdivision with each lot having a minimum lot size of 0.4 HA (1 acre). The proposed interior lot line is angled to allow the lots to meet the 60 metre minimum depth requirement of the RS-2 (One Family Suburban Residential) zone. The existing single family dwelling located on the east portion of the property will be retained. d) Planning Analysis: Official Communi Plan: The subject property is designated Estate Suburban Residential in the Official Community Plan and the proposed RS-2 (One Family Suburban Residential) zoning complies with this land use designation. Zoning Bylaw: A review of the preliminary subdivision plan in relation to the Zoning Bylaw requirements has revealed that the proposed development complies with the provisions of this bylaw. The two (2) -2- single family lots meet the minimum lot width, lot depth and lot area requirements of the RS-2 (One Family Suburban Residential) zone. e) Interdepartmental Implications: Engineering Department: ment: The Engineering Department has reviewed the servicing for the development and has advised that a rezoning servicing agreement will not be required. All of the required servicing and road dedication will be secured through the subdivision process in accordance with the Subdivision and Development Servicing Bylaw. The Engineering Department has also advised that the existing 6.2 metre wide asphalt carriageway of the roads fronting the site is adequate but is less than the 7.0 metre width required by the Subdivision and Development Servicing Bylaw for a rural road standard. As such, a Development Variance Permit must be approved by Council to allow the subdivision of the subject property without widening the road carriageway. The applicant has applied for a Development Variance Permit and this application will be reviewed in a future Council report. CONCLUSION: The proposed RS-2 (One Family Suburban Residential) zone complies with the Estate Suburban Residential designation in the Official Community Plan. It is recommended that Zone Amending Bylaw No. 6734- 2010 be given Second Reading and be forwarded to Public Hearing. Prepared by: Patrick Ward Planni TeJhnician,',,� At 1 Ja , CP, MCIP ' 6'r ollaIning "if, P.Eng Works & Development Services Concurrence: J. L-4j ' J Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw No. 6734 - 2010 Appendix C - Preliminary Subdivision Plan -3- Appendix A P a988 G o P6 71 CP LMS 3755 n m 0 N 0_ 1 H Ul 12665 w 12640 z '55 a 67 SUBJECT PROPERTY P 43885 2 P 72087 6m 69 12621 43B N �i 126 AVE. 126 AVE. 12610 66 12561 1 N 2 82 ] 12570 P 72 85 l zseo a 12555 65 P 43885 12550 22 P 86522 ro 83 80 m m 12561 K a m 12552 2 N P LMP 123 a 74 1 Rerr164 96 EPF 414 1 2 1 2 12530 12525 125 AVE. 125 AVE. 12497 1 P 43885 12490 9 56 55 54 53 IL 12475 2 12460 30 CI f Pltt _ Mea ows..' l Ti 0 12580 243 STREET L ' 1n - - , _ ,o CORPORATION OF THE DISTRICT OF c N - I • . MAPLE RIDGE District Of Langley 1 PLANNING DEPARTMENT Y j SCALE 1:2,500� _--! -- FFTASER DATE: Jul 6, 2010 FILE: SD/018/10 BY: PC H Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6734 - 2010 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. 6734 - 2010." 2. That parcel or tract of land and premises known and described as: Lot 82 Section 22 Township 12 New Westminster District Plan 43885 and outlined in heavy black line on Map No. 1481 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban 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 13th day of April, A.D. 2010. 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 PRESIDING MEMBER day of , A.D. 200. CORPORATE OFFICER Iq )AA§� �,�,, 'a, rc, P LMS 3755 00 0 C*4 1 0.406 he. 12665 375 N, 67 P 43885 1 2 P 72087 1 6 68 69 1 0'405 ha. P 43885 L262j AVF 1126 AVE. 66 fX581 2 00 0.405 he. 0.405 he. 0.406 0.406 he. 2 82 00 K) 7 0.812 he. a. P 7 85 P 8 1258OFF 1 1 65 P 43885 If LO 16522 IYP 86522 OD 83 j 80 CD n 12551 N 0.812 he. 0.812 he. ral CL 12552 LMP 123 1 he. 0.411 he. Rem 64 P 70798 EPP 1414 1 2 0.406 he. 0.406 he. 1 2 0.408 he. N 0.406 he. 0.406 he. 0.404 he. 12525 ------ ----- 125 AVE. 125 AVE. M\ ry kn EL Ld P 43885 r- 0.407 he. 11MAPILE RIDGE ZONIE AMENDING Bylaw No. 6734-2010 Map No. 14811 From: RS-3 (One Family Rural Residentiai) To: RS-2 (One Family Suburbon Residentic, ,:25CO o W❑ 5 F z r Ix rj s�� Its � III C3 Appendix C 3�uv�u ON •*� m N � Yy4 i ' 6,9- I N III 1 �• 8 � cd o os O 0 ds. a c I P-+ Al S` A9Pq Il !. y Ca p 3 E orr G E c C � Z m c � I �. tee. +. o N p 0- o Cc.h Q r f l fi c ., o U e mr 6�,136 +� o M P-p,•a'c+� q �O 1 , 7 d's. ;' dr. `K; n` a C m •y n ° y � o o •y a 0. ds. ou 1 cf cc��� � g�•�Cyc c tE Ni � Nh°•oE° 1 o � til w NrN moo ppool 4� S b %a04t_5 1 r a i Fey � r Z v-- << + c c tl8Y _ sT CW! U O? � c d0 e'r•. rr� c� ` �a� y r RJ • k. r N rc'• �' I o+. �. I r rl r c r S r ems- � 001. sY i. c 8. n1 Iry KI f q ' Y"• t pF rC c, %. �' o w{�.. 'rj s �• J P E I � !. P y + �r PROP s� Tip i'l u'• 3.00 .£l .6L1 -puo� c F 'DIP 09'0 r .p� Cr_ v/va !Y y ^ v r c c c c W N m G 133cVIS 'PJf'fiZ o Uo s MAPLE RIDGE DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: RZ/026/10 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Second Reading Maple Ridge Zone Amending Bylaw No. 6736 - 2010 24160 125 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit a two (2) lot single family subdivision. This application is in compliance with the Official Community Plan. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6736 - 2010 be given Second Reading and be forwarded to Public Hearing. DISCUSSION: a) Background Context: Applicant: Glenn Rogers Owner: Grant W Vance and Dymphna M Vance Legal Description: Lot: 58, Section: 22, Township: 12, Plan: 43885 Existing: Estate Suburban Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-2 (One Family Suburban Residential) Surrounding Uses: North: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential), RS-3 (One Family Rural Residential) Designation Estate Residential 1106 South: Use: Zone: Designation East: Use: Zone: Designation West: Use: Zone: Designation Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: Companion Applications: b) Background: Single Family Residential RS-3 (One Family Rural Residential) Estate Residential Single Family Residential RS-2 (One Family Suburban Residential) Estate Residential Single Family Residential RS-2 (One Family Suburban Residential) Estate Residential Single Family Residential Single Family Residential 0.810 HA. (2 acres) 125 Avenue Suburban with sanitary sewer SD/026/10, VP/026/10 On May 11, 2010 Council granted First Reading to the subject Zone Amending Bylaw No.6736 - 2010 and resolved that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999. The applicant has provided all of the required information and a detailed review of the application has been undertaken with comments received from various departments and external agencies as applicable. In accordance with the Development Procedures Bylaw, Council may now consider granting Second Reading to Zone Amending Bylaw No. 6736 - 2010. c) Project Description: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit a two (2) lot single family subdivision with each lot having a minimum lot size of 0.4 HA (1 acre). The existing single family dwelling located on the west portion of the property will be retained. d) Planning Analysis: Official Community Plan: The subject property is designated Estate Suburban Residential in the Official Community Plan and the proposed RS-2 (One Family Suburban Residential) zoning complies .with this land use designation. Zoning Bylaw: A review of the preliminary subdivision plan in relation to the Zoning Bylaw requirements has revealed that the proposed development complies with the provisions of this bylaw. The two (2) -2- single family lots meet the minimum lot width, lot depth and lot area requirements of the RS-2 (One Family Suburban Residential) zone. d) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the servicing for the development and has advised that a rezoning servicing agreement will not be required. All of the required servicing and road dedication will be secured through the subdivision process in accordance with the Subdivision and Development Servicing Bylaw. The Engineering Department has also advised that the existing 6.2 metre wide asphalt carriageway of the road fronting the site is adequate but is less than the 7.0 metre width required by the Subdivision and Development Servicing Bylaw for a rural road standard. As such, a Development Variance Permit must be approved by Council to allow the subdivision of the subject property without widening the road carriageway. The applicant has applied for a Development Variance Permit and this application will be reviewed in a future Council report. CONCLUSION: The proposed RS-2 (One Family Suburban Residential) zone complies with the Estate Suburban Residential designation in the Official Community Plan. It is recommended that Zone Amending Bylaw No. 6736- 2010 be given Second Reading and be forwarded to Public Hearing. Prepared by: Patrick Ward , Planning-Tech�iclan oved ley �-JlaMCIP f Qirectvr of Pla ni � ApprQrsced by:ran �MZ��, P.eng �� GM: Pu c & Development Services Concurrence: J. L. (Jim)'Ru Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw No. 6736 - 2010 Appendix C - Preliminary Subdivision Plan -3- Hppenaix A 3�y � a 12530 CID P 9379 P 86522 P 86522 A Rem 1 12511 1251G a P 43885 62 1 2 L P 69960 MP 123 2 3 1 SUBJECT PROPERTY N O O O O p N m 7 N N N N 1 12487 A P 43885 58 A B 56 r` 2 0- 12461 [__ B BCP 8230 12450 A c/) a N LMP 744 12445 1 P 43885 3 12440 L0 45 46 1 2 cd >- EL 2 2 m O N 7 ? N 124 AVE EP14903 A Ci#y.of Pitt - 1 Meadows 4 24160 125 AVENUE I o CORPORATION OF �� .5 THE DISTRICT OF NLangley .� - , MAPLE RIDGE District of 1 Lan Ie PLANNING DEPARTMENT 9 Y SCALE 1:2,000 `� DATE: Jul 2, 2010 FILE: SD/026/10 BY: KK Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6736 - 2010 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. 6736 - 2010." 2. That parcel or tract of land and premises known and described as: Lot 58, Section 22, Township 12, New Westminster District, Plan 43885 and outlined in heavy black line on Map No. 1483 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban 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 11t" day of May, A.D. 2010. PUBLIC HEARING held the day of , A.D. 20 . READ a second time the day of , A.D. 20 . READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of ,A.D. 20 . PRESIDING MEMBER CORPORATE OFFICER WU - - CP Q 2 tc �0 LO m 1 �'lh� 7 CL J g CP LMP 9379 125M 65 ti y6$� P 86522 r'P 86522 00 A Rem 1 0.403 he. f ¢ f25» 1 FQ 4 P 438B5 Lp f! w . a 1.85 he. $2 1 2 P 69960 a LMP 123 2 3 0.813 he. 0.401 he. 0.411 he. 1 Rem 0.405 he, 0.460 he. 0.406 he. 0.406 w 6.0-1 ry h N h 125 AVE. RW �639 9 ° a 1 ` W) 0.404 he. 72487 A CY 0.405 he. P 43$85 E 58 A B 56 J n 2 p 0.405 he 0.405 he 0.404 he, B 0.810 he. 0.810 he. r2�r BCP 28230 0.405 he. 28231 A 0.405 he. ell LMP 12744 L r 1 (L 0.405 he. P 43885 LMP 12745 J B IZ440 rn kn C14 45 46 1 2 1� 0.404 he 0.410 he 0.638 ha. a 0.810 he. 0.810 he. 2 0.405 he. o, m ry h 124 AVE. EP 14903 A 1.583 he. INV APPLE RIDGE ZONE AMENDING Bylaw No. 6736-2010 Map No. 1483 From: RS-3 (One Family Rural Residential) RS-2 (One Family Suburban Residential) /k 1:2500 PROPOSED SUBDM ION OF LOT 58 SEC 22 7P.12 N.W.D. 43885 Scale 1.500 AU distances are in metres except where otherwise noted 125 AVENUE Appendix C e6 0 Date: March 26,2010 Wade & Associates B.C. Land Surveyors Maple Ridge & Mission Phone 604-463-4753 or 604-826-9561 DISTRICT OF MAPLE RIDGE Owtdr Notow,: TO: His Worship Mayor Ernie Daykin DATE: August 17, 2010 and Members of Council FILE NO: RZ/054/10 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First and Second Reading Maple Ridge Zone Amending Bylaw No. 6749-2010 9975 272 ST EXECUTIVE SUMMARY: An application has been received for a Text Amendment to the CD-4-00 Zone to permit Assembly Use and Place of Worship as Principle Uses in the zone. RECOMMENDATIONS: That Zone Amending Bylaw No. 6749-2010 be given First and Second Reading and be forwarded to Public Hearing. DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses North: Use: Zone: Designation South: Use: Zone: BERNICE FETTERLY 0700276 BC LTD Lot: 28, Section: 6, Township: 15, Plan: 56042 Commercial Commercial CD-4-00 CD-4-00 Single Family Residential RS-3 (One Family Rural Residential) Rural Residential Single Family Residential RS-3 (One Family Rural Residential) 1107 Designation: Rural Residential East: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Rural Residential West: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Rural Residential and Urban Residential Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: b) Project Description: Church and Professional Building Church, Meeting Centre and Professional Building 1.616 HA. 100t" Avenue and 272nd Street Rural The subject property is the site of the old Whonnock Elementary School, which has been converted into a building for Business Services and a Church as an accessory use. The applicant proposes a Text Amendment to the CD-4-00 Zone to include Assembly Use and Place of Worship as Principle Uses. The CD-4-00 Zone currently includes Business Services and Professional Services as Principle Uses; and Kindergartens, Nursery Schools, Day Nurseries, One Family Residential Use and Assembly Use as Accessory Uses. The proposal will amend the Bylaw to remove Assembly Use as an Accessory Use and include it, as well as, Place of Worship as Principle Uses in the Zone. The Church is the current owner and occupies a portion of the building while leasing other units to professional and business service companies. The proposed Text Amendment will permit future expansion of the Church within the confines of the current building, and permit the use of the building as a meeting centre. c) Planning Analysis: Official Community Plan: Comprehensive Development Zones may be considered within Official Community Plan Land Use Designations and Categories based on compliance with Official Community Plan Policies. The subject property is a successful example of a conversion from Institutional to Commercial Use and is currently designated Commercial in the Official Community Plan. The CD-4- 00 Zone was tailored to the specific circumstances of this site and all uses, current and proposed, meet the site's Commercial designation. Zoning Bylaw: A Text Amendment is required to permit Assembly Use and Place of Worship as principle uses in the CD-4-00 Zone. The subject property is the only property affected by the proposed Text Amendment. WA d) Interdepartmental Implications: Engineering Department: The Engineering Department has no comments on the proposed Text Amendment. Fire Department: The Fire Department has no comments on the proposed Text Amendment. CONCLUSION: It is recommended that First and Second Reading be given to Maple Ridge Zone Amending Bylaw No. - 2010 and that application RZ/054/10 be forwarded to Public Hearing. Prepared by: Sarah Atkinson Planning Tech nilpian Jane'Vick6ring, Mom, MCIP Director of Planning Approv d by k @uinn�A; 4.Eng : Public Works & ❑ev ment Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer i The following appendices are attached hereto: Appendix A - Subject Map Appendix C - Zone Amending Bylaw 6749 - 2010 Appendix D - Site Plan ISM RP 2573 E SK 3077 Rem A 1 ono fo f II 10036 N & W 7.576' 10045 EP 12551 B 1001s 10003 RP 15717F C 9997 P 56042 9980 RP 2185 P 29484 W 450' B 11 Rem 28 9960 Subject Property 9975 P 15215 1 100 0 P 66643 P 17809 33 3 ssaa Rem A P 15215 B 9920 N P 63389 Pd. 29 9897 P 17296 S 1/2 2 9885 9900 RP 6383 1 9865 P 80656 1 P 80656 2 Filing 12596 1 EP 24254 City of Pitt Meadows I o 1n r- y 1! o 9975-272 St CORPORATION OF L J THE DISTRICT OF _I m.. - MAPLE RIDGE N %� District of 'f [ Langley �,_ [ � RIDGE . PLANNING DEPARTMENT DATE: Jun 16, 2010 RZ/054/10 BY: JV SCALE 1:2,500 . �.. +` r '_- v` �i CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6749-2010 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: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6749-2010 2. Part 10 COMPREHESIVE DEVELOPMENT ZONE, SECTION 1038 CD-4-00, is amended as follows: i. Subsection 1), PRINCIPLE USES is amended by the addition of the following in correct alphabetical order; c) "Assembly Use; d) Place of Worship." ii. Subsection 2), ACCESSORY USES is amended by the deletion of item "c) Assembly Use". 3. Maple Ridge Zone Bylaw No. 3510-1985 is hereby amended accordingly. READ a first time the 31 day of August, A.D. 2010. PUBLIC HEARING held the day of READ a second time the day of READ a third time the day of APPROVED by the Minister of Transportation this RECONSIDERED AND FINALLY ADOPTED, the PRESIDING MEMBER ,A.D. 20 . , A.D. 20 . A.D. 20 . day of , A.D. 20 . day of , A.D. 20 . CORPORATE OFFICER I I cr j LLL oc tj PE Nr-� 7-7 F--j yl DOI Deep Roots Greater Heights TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer DATE: August 23, 2010 FILE NO: RZ/065/10 ATTN: C of W First and Second Reading Zoning Bylaw No. 6750-2010 - Text Amendment for Licensee Retail Stores EXECUTIVE SUMMARY: This application is for a text amendment to the Maple Ridge Zoning Bylaw No. 3510-1985 regarding Liquor Primary Establishments and Licensee Retail Stores. It arose due to a proposal for a primary use Licensee Retail Store that is consistent with the policies of the Liquor Control and Licensing Branch (LCLB), but is not permitted under Maple Ridge Zoning Bylaw 3510-1985. The required bylaw amendment to enable this use (free standing licensee retail store) is supported in the policies of the Official Community Plan and current Provincial regulations. The proposed text amendment is intended to align District Bylaws with the policies of the Liquor Control and Licensing Branch. RECOMMENDATION: That Maple Ridge Zone Amending Bylaw No. 6750-2010 be given First and Second Reading and be forwarded to Public Hearing. BACKGROUND: Applicant: Owner: Ken Brookes JAAF Holdings Ltd and Ranoy Bloy Legal Description: Text amendment (will apply to all properties zoned commercial that have Liquor Primary Establishment as a permitted primary use.) Refer to Map 1. PROJECT DESCRIPTION: This application arises from a proposal to develop a Licensee Retail Store in a CS-1 (Service Commercial) zone at 23988 Dewdney Trunk Road. Under several current commercial zones, Licensee Retail Stores are permitted as an accessory use but must be located within a Liquor Primary Establishment or in some cases on the same lot and adjacent to the Liquor Primary Establishment. In 2002, the Liquor Control and Licensing Branch (LCLB) of the BC Government made changes to Liquor Licensing Act and the District Zoning Bylaw was amended to reflect the Provincial legislation. Since 2002, free standing Licensee Retail Stores have been allowed provided 1108 the licensee also owned and operated a Liquor Primary Establishment within the same municipality or within five kilometres in another municipality. In 2009, this requirement was removed. The proposed text amendment will allow Licensee Retail Stores as permitted principal uses where they are currently identified as accessory uses and will remove requirements for Licensee Retail Stores to be located on the same parcel or within the same building as a Liquor Primary Establishment. PLANNING ANALYSIS: Proposed Amendment: To address the identified discrepancy, the proposed text amendment involves the District's definition of Licensee Retail Store and the following sections of the Maple Ridge Zoning Bylaw #3510 -1985. The definition of "Licensee Retail Store" will be amended to be defined as an establishment with a valid Licensee Retail Store License provided by the Liquor Control and Licensing Branch that is permitted to sell all types of packaged liquor for consumption off the premise. Furthermore, the following commercial zones will be amended by adding Liquor Primary Establishment and Licensee Retail Store as separate permitted principal uses, and removing Licensee Retail Store from accessory use when applicable: • Community Commercial: C-2 • Town Centre Commercial: C-3 • Village Centre Commercial: C-5 • Commercial/Residential: CRM • Service Commercial: CS-1 • Adult Entertainment and Pawnshop Service Commercial: CS-5 • Heritage Commercial: H-1 Additionally, the requirement for Licensee Retail Stores to be located within Liquor Primary Establishments or on the same site will be removed from the above mentioned commercial zones. A map showing the location of the above mentioned zones is attached. Official Community Plan: The proposed text amendment does not impact the Official Community Plan. Zoning Bylaw: A text amendment is required to permit Licensee Retail Stores as a principle use in several commercial zones and to allow them as separate from Liquor Primary Establishments. DESIRED OUTCOMES The desired outcome of this bylaw amendment is to bring the Maple Ridge Zoning Bylaw #3510- 1985 in line with current Liquor Control and Licensing Branch policies. -2- CITIZEN/CUSTOMER IMPLICATIONS: Opportunities for citizen input will be provided through the required Public Hearing for this bylaw amendment. CONCLUSION: Based on the considerations as outlined in this report, it is recommended that Bylaw No 6750- 2010 be given First and Second Reading and forwarded to Public Hearing. Prepared by: melia Bowden Planning Technician A roved by;- Jan �Ingp , MCIP Direct of P ning 277 Z --1 Approved b Frank Quinn, MBA. P.En d GM: Public Works & Develo ment Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer AB / The following appendices are attached hereto: Appendix A - Map 1 -3- 916*19VINto] 0IV, G1aIXV10104 BYLAW NO.6750-2010 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: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6750-2010" 2. PART 2, INTERPRETATION, is amended as follows: "LICENSEE RETAIL STORE" is amended by deleting the definition and replacing it with the following: "LICENSEE RETAIL STORE means an establishment with a valid Licensee Retail Store License provided by the Liquor Control and Licensing Branch that is permitted to sell all types of packaged liquor for consumption off the premise. 3. PART 7, COMMERCIAL ZONES, SECTION 702, COMMUNITY COMMERCIAL: C-2 is amended as follows: SUBSECTION 1, PERMITTED PRINCIPAL USES, item m) is amended by deleting and replacing it with the following: m) Liquor Primary Establishment n) Licensee Retail Store. SUBSECTION 8, OTHER REGULATIONS, item e) is amended by deleting the entire item and reordering items accordingly. 4. PART 7, COMMERCIAL ZONES, SECTION 703, TOWN CENTRE COMMERCIAL: C-3 is amended as follows: SUBSECTION 1, PERMITTED PRINCIPAL USES, item q) is amended by deleting and replacing it with the following: q) Liquor Primary Establishment r) Licensee Retail Store. ii. SUBSECTION 9, OTHER REGULATIONS, Item f) is amended by deleting the entire item. 5. PART 7, COMMERCIAL ZONES, SECTION 705, VILLAGE CENTRE COMMERCIAL: C-5, is amended as follows: SUBSECTION 1, PERMITTED PRINCIPAL USES, item n) is amended by deleting and replacing it with the following: n) Liquor Primary Establishment o) Licensee Retail Store. ii. SUBSECTION 8, OTHER REGULATIONS, Item f) is amended by deleting the entire item. 6. PART 7, COMMERCIAL ZONES, SECTION 706, COMMERCIAL/RESIDENTIAL: CRM, is amended as follows: i. SUBSECTION 1, PERMITTED PRINCIPAL USES, item p) is amended by deleting and replacing it with the following: p) Liquor Primary Establishment q) Licensee Retail Store. ii. SUBSECTION 8, OTHER REGULATIONS, item f) is amended by deleting the entire item. 7. PART 7, COMMERCIAL ZONES, SECTION 707, SERVICE COMMERCIAL: CS-1, is amended as follows: SUBSECTION 1, PERMITTED PRINCIPAL USES, is amended by the addition of the following in correct alphabetical order: u) Licensee Retail Store. ii. SUBSECTION 2, PERMITTED ACCESSORY USES, item f) is amended by deleting the entire item. 8. . PART 7, COMMERCIAL ZONES, SECTION 711, ADULT ENTERTAINMENT AND PAWNSHOP SERVICE COMMERCIAL: CS-5, is amended as follows: SUBSECTION 1, PERMITTED PRINCIPAL USES, is amended by the addition of the following in correct alphabetical order: q) Licensee Retail Store. ii. SUBSECTION 2, PERMITTED ACCESSORY USES, item d) is amended by deleting the entire item. 9. PART 7, COMMERCIAL ZONES, SECTION 712, HERITAGE COMMERCIAL: H-1, is amended as follows: i. SUBSECTION 1, PERMITTED PRINCIPAL USES, item p) is amended by deleting and replacing it with the following: p) Liquor Primary Establishment q) Licensee Retail Store. ii. SUBSECTION 8, OTHER REGULATIONS, Item i) is amended by deleting the entire item. 10. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended is hereby amended accordingly. READ a first time the day of , A.D. 2010. READ a second time the day of , A.D. 2010. PUBLIC HEARING held the day of , A.D. 2010. READ a third time the day of , A.D. 2010. RECONSIDERED AND FINALLY ADOPTED, the MAYOR day of , A.D. 2010. CORPORATE OFFICER MAPLE RIDGE DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: August 09, 2010 and Members of Council FILE NO: RZ/107/05 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Rezoning - First Extension Maple Ridge Official Community Plan Amending Bylaw No. 6603-2008, and Maple Ridge Zone Amending Bylaw No.6604-2008 11744 236 Street 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 1 single family dwelling under the RS-1d (One Family Urban (Half Acre) Residential) and 8 single family dwellings under the R-3 (Special Amenity Residential District) zone. RECOMMENDATION: That a one year extension be granted for rezoning application RZ/107/05 and that the following conditions be addressed prior to consideration of final reading: i. 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 Schedules "B" & "C" of the Official Community Plan; iii. Registration of a Section 219 Covenant for a Geotechnical Report that addresses the suitability of the site for the proposed development; iv. A Statutory right of way plan and agreement must be registered at the Land Title Office: V. Road and Park dedication as required; vi. Section 219 Restrictive Covenants must be registered at the Land Title Office. vii. 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-3 (Special Amenity Residential District); viii. 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. ix. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Harmony Real Estate Ventures Inc Owners: Legal Description: OCP: Existing: Proposed: Zoning: Joseph D Portelance Marilyn J Portelance Alan D Davies Evelyn E Davies Lot B, Section 16, Township 12, NWD Plan LM P30235 Urban Residential, Conservation Urban Residential, Conservation Existing: RS-3 (One Family Rural Residential) Proposed: RS-1d (One Family Urban (Half Acre) Residential), R-3 (Special Amenity Residential District) 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: Single Family Residential RS-3 (One Family Rural Residential) Urban Residential, Conservation Single Family Residential, Vacant RS-3 (One Family Rural Residential) and RG-2 (Suburban Residential Strata) Urban Residential, Conservation Park (Environmental Protection) RS-3 (One Family Rural Residential) Conservation Townhouse RM-1 (Townhouse Residential) Urban Residential Single Family Residential Single Family Residential 2.58 hectares (6.38 acres) 236 Street and 118 Avenue Full Urban SD/107/05 and DP/107/05 This application is to rezone to RS-1d (One Family Urban (Half Acre) Residential) for 1 single family dwelling with the existing dwelling, and to R-3 (Special Amenity Residential District) for the 8 single lots. Approximately 71% of the site will be dedicated as Park for the protection of slopes and watercourses. Running concurrently with this application are a Subdivision application; an Intensive Residential Development Permit Area to ensure the form and character of the R-3 (Special Amenity Residential District) development at the Building Permit stage; a Watercourse and Natural Features Development Permit; and a Development Variance Permit. The following dates outline Council's consideration of the application and Bylaws 6603-2008 and 6604-2008: -2- The First Reading report (see attached) was considered on July 28, 2009; First Reading was granted July 28, 2009 - Public Hearing was held August 25, 2009; Second and Third reading was granted on September 08, 2009. Application Progress: The applicant has been unable to complete the rezoning requirements while they were in the process of negotiating a contract with a builder for the property. This has now been concluded and the applicant is now working to complete the terms and conditions to be met prior to final reading of the Zone Amending Bylaw. 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 within the next few months final consideration will be applied for. Prepared by: Ann Edwards, CPT Senior Pla ing echnician Ap ed an is CIP 1 Director la ing Ap oved ��GOM: ui A, ng Public ks & Development Services Concurrence: J.L. (J y Rai -' Chief Administrative Officer AE / The following appendices are attached hereto: Appendix A - Subject Map Appendix B - First Reading Report -3- A LMS 1818 t1-FT 9 w 8 1,ar:s _ tri %Lvf 29 a❑ J 16 28 11&51 11a4a w 6 -bJ R 17 n 5 1 118.11 27 r' n ! B?6 `v 18 a LMP 1272 1r8P9 26 stela 2a 23 22 21 19,1a1- plan 20 55 11 i98 x P2rp7 1 2 3 4 17 18 19 20 21 13 ^103 2 ;15 B P 1 392 11;vs 16 7 g 6 5 ;02 56 1��3 ��� ''. 15 f 8 14 PARK 9 'aa > 13 PARK 9 `ram 12 LMP P �.•�1 p 41, E' � PARK 36724 ATb6 $CP 10 93 BCP 650 4 4 5 -ta Subject Property 2 3 1421 B 4 •r �. s LN1P 30235 �N 6 "59g r+ 37 � 3B l�689 PARK q 7 w -+ 116, Y rt 35 s 6 BCP 179 8 34 58 a nssy ,rs?2 33 P 34262 10 r 11653 1165a 32 11 A v 1164, 31 PARK 12 mlia T° 116,; 30 a PARK 9GP 3179 tt&3d t'-' LMP 36721 13 P9 tts�2 sso 14 28 11c28 15 11623 27 11y22 16 6t; 2 1101• PARK MP 3 721 1jn 17 18 19 20 21 22 23 24 BCP 23179 _ 11r, AVF LMP 53565 PARK ,,, r City of Pitt Meadows .t�, 11744-236 St i .o A,O� •� �` i o CORPORATION OF THE DISTRICT OF �" _ - , MAPLE RIDGE N �IStfICt OF ` fit. i + Langley 4 r= f I PLANNING DEPARTMENT SCALE 1:2.500 DATE: Jul 7. 2009 RZ/107/05 BY: PC FRASER R. DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: July 07, 2009 and Members of Council FILE NO: RZ/107/05 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Official Community Plan Amending Bylaw No. 6603-2009 and Maple Ridge Zone Amending Bylaw No. 6604-2009 11744 236 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-1d (One Family Urban (Half Acre) Residential) and R-3 (Special Amenity Residential District). This will allow the development of one RS-1d lot in the middle of this site where the existing house is located and one large R-3 lot which will be further subdivided into 8 lots in the future within the developable lands fronting on 236 Street. This application requires an amendment to the Official Community Plan to adjust the boundaries between the Urban Residential and Conservation land uses. RECOMMENDATIONS: 1. That Maple Ridge Official Community Plan Amending Bylaw No. 6603-2009 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. 6603-2009 on the municipal website, 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. 6603-2009 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. 6603- 2009 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5. That Zone Amending Bylaw No. 6604-2009 be given first reading and be forwarded to Public Hearing; and 6. That the following terms and conditions be met prior to final reading. i. 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 Schedules "B" & "C" of the Official Community Plan; Registration of a Section 219 Covenant for a Geotechnical Report that addresses the suitability of the site for the proposed development; iv. A Statutory right of way plan and agreement must be registered at the Land Title Office: V. Road and Park dedication as required; vi. Section 219 Restrictive Covenants must be registered at the Land Title Office. vii. 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-3 (Special Amenity Residential District); viii. 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. ix. Arsuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Harmony Real Estate Ventures Inc Owner: Joseph D Portelance Marilyn J Portelance Alan D Davies Evelyn E Davies Legal Description: Lot B, Section 16, Township 12, NWD Plan LM P30235 OCP: Existing: Urban Residential, Conservation Proposed: Urban Residential, Conservation Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-1d (One Family Urban (Half Acre) Residential), R-3 (Special Amenity Residential District) -2- 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 RS-3 (One Family Rural Residential) Urban Residential, Conservation Single Family Residential, Vacant RS-3 (One Family Rural Residential) and RG-2 (Suburban Residential Strata) Urban Residential, Conservation Park (Environmental Protection) RS-3 (One Family Rural Residential) Conservation Townhouse RM-1(Townhouse Residential) Urban Residential Single Family Residential Single Family Residential 2.58 hectares (6.38 acres) 236 Street and 118 Avenue Full Urban SD/107/05 and DP/107/05 The applicant is proposing to rezone the subject site to permit a subdivision of two lots. The east lot, with an area of approximately 4,600m2, will be zoned RS-1d (One Family Urban (Half Acre) Residential). This lot will be accessed by the existing panhandle on 118 Avenue and the existing house will remain on this site. The lot has limited developable potential and is located on top of a ridge between two large areas that will be dedicated as Park. The west lot, with an area of approximately 2,600m2, on the 236 Street frontage will be zoned R-3 (Special Amenity Residential District). It is proposed that the owners will further subdivide this land into 8 lots with a lot size of not less than 324m2 when the east lot has been sold. Approximately 71% of the site will be dedicated as Park. Running concurrently with this application are a Subdivision application and an Environmental Development Permit application for the protection of watercourses and natural features. A Development Variance Permit will also be required. c) Planning Analysis: Official Community Plan: The development site is located on the east side of 236 Street just south of 118 Avenue and is designated for Urban Residential and Conservation land uses. Environmental and geotechnical assessments of the site have identified that the areas for Conservation are more extensive than as currently designated. Currently 18% of the site is designated Conservation and this will be increased to 71%. There are two large ravines crossing the property from north to south each containing a branch of the Cottonwood Creek system. Some portions of the ravines have relatively steep sides and evidence of soil instability exists. Setbacks from the top -of -bank have been -3- established and both these ravine areas will be designated as Conservation and will be dedicated as Park for the preservation and protection of watercourses and slopes. The balance of the site is designated Urban Residential. The developable area on the west portion of the site at 236 Street is suitable for Neighbourhood Residential Infill development although it is limited by the ravine area behind it. There is a townhouse development to the west of this site and it is considered that the 8 lot subdivision of R-3 (Special Amenity Residential District) zoned lots on this site will be a compatible use. The developable area in the middle of property is limited by its location on top of a ridge between the two large ravine areas. The proposed lot is large (approximately 4,600m2) but the buildable area will be limited with a restrictive covenant to specifiy the building envelope, building size and septic field locations. The existing house is encroaching into the setback areas of the new building envelope but any new construction on the site will have to conform to the covenant restrictions. Existing forested areas on this lot will be protected by a restrictive covenant. Zonin B law: There are 2 zones proposed for this development: R-3 (Special Amenity Residential District) to permit a future subdivision of 8 lots on 236 Street and RS-1d (One Family Urban (Half Acre) Residential) for one lot in the middle of the site with access from 118 Avenue. The Subdivision application running concurrently with this zoning application is for a 2 lot subdivision: one lot for the area on 236 Street to be zoned R-3 and one lot for the RS-1d lot. Due to the economic downturn the owners are delaying the 8 lot subdivision of the R-3 (Special Amenity Residential District) portion of the lot until they have the necessary funds generated by the sale of the RS-1d lot. A Restrictive Covenant will be registered at the Land Title Office to ensure the future subdivision and development of the R-3 zoned land is consistent with the current plans. The existing house on the proposed RS-1d lot will remain but is currently serviced by a septic system that is failing. The applicant has requested that they be permitted to connect to the municipal sewer system by means of a sanitary pump with a backup power supply. If this is not feasible a new septic field location will be required that is outside of the proposed Park dedication areas. The stormwater drainage systems will also be relocated outside of the proposed Park dedication areas. Any new construction on this site must conform to the limitations of the restrictive covenant. Development Permits: 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 on the site. The details are discussed in the Environmental Implications section of this report. Security will be taken as a condition of the issuance of the Development Permit to ensure that the Development Permit area guidelines are met. An Intensive Residential Development Permit will be required for the R-3 (Special Amenity Residential District) zoned lands when the future application is received for the 8 lot subdivision. This will address the form and character of the building design and provide guidelines for the development of the site. Security will be taken as a condition of the issuance of the Development Permit to ensure that the Development Permit area guidelines are met. -4- d) Environmental Implications: A Watercourse Protection and Natural Features Development Permit is required for this site. The applicant has submitted an Environmental Impact Assessment and a Geotechnical Report. An Arborist Report and a Stormwater Management Plan are required. The site includes 2 ravines, one to the west of the existing house which contains a branch of Cottonwood Creek and one to the east which contains a tributary to Cottonwood Creek. A third ravine immediately to the east of the property has it top -of -bank within the property boundaries. Some of the slopes on the site exceed grades of 25% and areas of slope instability were observed in the ravine areas. Minimum geotechnical and watercourse protection setback lines have been established for the developable areas of the site and plans will be provided for enhancement and revegetation of slopes and watercourses where required. Any new structures on the RS-1d lot must not be located within conservation setbacks established to protect the slopes and areas for Park dedication. The existing house is encroaching into these setbacks areas but if it were to be demolished the area would require restoration to protect the slopes. If new septic or stormwater management systems are required they must not be located within the conservation setback boundaries. The existing forested areas on this lot are to be protected. A post and rail fence will be required along the conservation covenant boundaries. e) Interdepartmental Implications: Engineering Department: The Engineering Department has identified that all the services required in support of this development 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. Road widening on 236 Street and 118 Avenue is required. 2. Urban services are required on both road frontages. 3. A 6m wide statutory right-of-way is required to provide access for municipal staff to the Park areas. This will be provided on the panhandle portion of the east lot. 4. At the subdivision stage for the 8 R-3 lots a Sanitary Pump Station will be required on 236 Avenue. Proposed Variances: The following variances to the Subdivision and Development Servicing Bylaw will be the subject of a future Council report: • To postpone the Subdivision servicing requirements on 236 Street until the future application for the subdivision for 8 R-3 zoned lots. • To waive the requirement for underground wiring on 236 Street. • To exempt some of the servicing requirements for the RS-1d lot to allow a septic system. -5- Buildin De artment: The Building Department has reviewed the sanitary requirements for the existing house on the proposed RS-1d lot and has confirmed that a sanitary pump system can be used to connect the house to the municipal sewer system on 118 Avenue if the system is designed by an engineer and must include a backup power supply if the entire building is to be pumped. If this is not feasible then a new septic system must be provided on the new lot that does not impact the park lands, and as noted above, a variance to "Note 4" of "Schedule A, Services and Utilities", of the Subdivision and Development Servicing Bylaw No. 4800 - 1993 as amended will be required. Preliminary information has been provided that indicates a new septic field is possible within the building envelope of this RS-1d lot. Fire Department: The Fire Department has identified that the existing driveway access on the panhandle from 118 Avenue is approximately 100 metres in length and will have to be improved to a minimum 4 metres wide, clear of vegetation, drivable in all weather conditions and have a turnaround/hammerhead to allow emergency vehicles to turn around instead of having to back out. 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 8 trees which is based on one tree per lot and 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 $200.00. 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 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 development site is located on the east side of 236 Street just south of 118 Avenue and is designated for Urban Residential and Conservation land uses. An amendment to the Official Community Plan is required to adjust the boundaries between the land uses to protect more land as Conservation. Currently 18% of the site is designated Conservation and this will be increased to 71%. The applicant is proposing to rezone the developable area of the site, approximately 29%, to allow the subdivision of one RS-1d lot in the middle of this site where the existing house is located and one large R-3 lot along the 236 Street frontage which will be further subdivided into 8 lots in the future. It is recommended that first reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 6603-2009 and Maple Ridge Zone Amending Bylaw No.6604-2009, and that application RZ/107/05 be forwarded to Public Hearing. A Prepared by: Ann tdwards PlanKing Technician, CPT Appro by:� CP, MCIP of Planning Approved Frank Qul'�OMBA, P.Eng GIVI: Public Works & Development Services Concurrence: J. L. { le Chief Administrative Officer AE/ The following appendices are attached hereto: Appendix A - Subject Map Appendix B - OCP Amending Bylaw No. 6603-2009 Appendix C - Zone Amending Bylaw No. 6604-2009 Appendix D - Current Subdivision Plan Appendix E - Future Subdivision Plan -7- I I i A I LMS 1818 APPENDIX A i REM. 22 I P 1676 N I i 1 B17 182 N3 4 11798 m m m ,10,I �19 �20 21 NI BC 1 1795 11793 16 7 ri 6 5 11792 �B3 5S. rr';,a ��� >>� 15 8 14 PARK a 13 PARK 51763 '>> ' 9 + 'r �,'� 12� LMP I +,.dip t1 PARK 36724 �La BCP 1 92 BCP 650 4 Q � I )p 5 ry , r 6 r'ra 2 3 r'3i 4 rr�� s 5 16� rr3 7 60 30 rr� 'rssa 4 7 0 ITS, Y f}6 8 W 11667 U 34 1M 9 11659 33 T1656 10 r 11653 32 11 11m r 11645 31 PARK 11546 N 12 11637 30 t 7636 � 13 11633 29 LMP 36721 11632 14 11629 20 I T1629 15 27 1 H623 11622 76 2 11617 11611 MP 3 721 1t6, 17 18 19 20 21 22 23] 24 N N N ry N N N N I nst9 116 AVE LMP 5305 PARK City of Pitt Meadows__j 11744-236 St I.N 4 :s if . a i+, o CORPORATION OF THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE N District of Langley +' I-' ' r PLANNING DEPARTMENT t,,. SCALE 1:2,500 1-� 4 DATE: Jul 7, 2009 RZ/107/05 BY: PC =� FRASER 11757 111356 C 2 1$ 11665 aE 11870 _ 116 A AVE 29 IL 11m 71650 1611663 28 11840 6 � 'p� 17 5 4 11641 1sS4 2 11842 11620 27 LMP 12724 23 22 21= P Z3 � 20 PARK 110 AVE 111774 P 260 55 1756 17" Subject Property B LMP 30235 PARK BCP 179 11692 58 P 34262 A PARK �13CP 3179 11 550 PARK BCP 23179 56 APPENDIX B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6603-2009 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 Schedules "B" & "C" 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. 6603-2009. 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot B, Section 16, Township 12, New Westminster District Plan LMP30235 and outlined in heavy black line on Map No. 763 a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Conservation and Urban Residential. 3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and described as: Lot: B, Section: 16, Township: 12, Plan: LMP30235 and outlined in heavy black line on Map No. 764 a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 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 PRESIDING MEMBER , A.D. 200. CORPORATE OFFICER Ike' 71757 11737 �17841 27 5 r 4 11842 1 ,` 11a26 18 11829 11820 1 REM,,//22 a_ LMP 12.26 EL 19 17817 118786 -� 24 m 23 22 h 21 18 0 \ .' P 16 76 25 11811 20 PARK f 11801, ry ry ry ry N , N 118 AVE, ry N 11774 ^ 15.0 11798 P 26073 1 2 1)3 4 17 1 BC 1 392 ,179.5 55 11793 1 7 '�� 6 5 �� 11792 0.809 ho 56 ' l->�� 5� P ��-,1 5 8 �14 6 il�b3 1.3 9 a 2 PA 11756 1.287 ho AA 10 11 RCP 1 n.34? BCP 46 ^'' 5 �r 6 18.1 PARK ° 7 11692 BCP 23179 8 11s67 58 9 11659 P 34262 10 11653 0.809 ho D 11 A PARK 1164 1.20 ho 1.54 ho 12 116 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No. 6603-2009 Map No. 763 From: Residential and Conservation To: Urban Residential and Conservation .AP.APLE + INE 1:2000 4 7794'' 71842 5 — = _ 27 11826 7 181 11920 a LMP 12726 1929 1 1 2 4 23 2 2n 21 1 911877 718>&6 25 140 11811 18.0 PARK 11806 N 20 0 118 AVE. N 17774 P 26073 W 11744 1 J737 0.809 ha C: 1.287 ha �R , , v, REM/22 , , P 1676 1 2 In 4 15. o 1179a ABC 192 779.5 17 1 1179J 1 7 ''� 6 5 �� Jrrs2 15 a ± 8 14 m0 i j1763 '13d. 950 'l 56 12� PA 10 11 6a`Q Rrll❑ 1 n -�00 BCP 46 1 ^N 5 35 '� 6 Ir 6 a 7 18.t PARK � //6>, BCP 23179 8 71692 11667 9 58 11659 P 34262 r 10 11653 0.809 ha ° 11 A PARK 1164 1.20 ha 12 116 ❑ 1.54 ha MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No. 6603-2009 Map No. 764 PURPOSE: TO ADD TO CONSERVATION W: 7* 1:2500 APPENDIX C CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6604-2009 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. 6604-2009." 2. That parcel or tract of land and premises known and described as: Lot B, Section 16, Township 12, New Westminster District Plan LMP30235 and outlined in heavy black line on Map No. 1436 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-3 (Special Amenity Residential District) and RS-1d (One Family Urban (Half Acre) 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. 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 PRESIDING MEMBER , A.D. 200. CORPORATE OFFICER _ 4 17841 71842 27 118�6 1 8 a 77a186 24 a, h LMP 23 � 12 22 h Ili t R 26 21 "� N 71829 18 0 ZPARK 1911a17 25 11805 2o17917 0 N 118 AVE. 11774 P 260 3 55 17757 11737 0.809 ho I 56 71755 1.287 ho llI PAR BCP • 58 P 34262 0.809 ho REM 22 P 1676 i 2 �3 4 15.07179 YBC 1 392 7795 17 1 1179J 1 7 % 6 5 �� • 1179� rim j= `t ��� y '� 115 8 -14s jj76, � 1 3 � 6 b 12� PA 1� 10 11 y BCP 10392 BCP 46 5 6 Q 7 11567 9 11559 10 1165.3 11 A PARK 7164 1.20 ha 1.54 ha 12 115 MAPLE RIDGE ZONE AMENDING Bylaw No. 6604-2009 Map No. 1436 From: RS-3 (One Family Rural Residential) To: R-3 (Special Amenity Residential District) and RS-1 d (One Family Urban (Half Acre) Residential) APLE RIDGE I 1 :2500 APPENDIX D i a.e . .• • —c Y V 1/\ L_ RWD h FR� �eroia�e w+Me J --- - - - ------ ---- --------' ------------------------------------ i l- -------- — ----- - M b� q{3,-- ----- ---- " i t _t + j Z - - n O a Mull 9Cl . 3 az --- ;� f a 1 DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: SUBJECT: Final One Year Extension Application 11580 223 ST EXECUTIVE SUMMARY: August 9, 2010 RZ/002/08 CofW Council granted a one year extension to the above noted application on September 22, 2009. The applicant has now applied for a final one year extension under Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to permit an apartment building under the CRM (Commercial/Residential) zone. RECOMMENDATION: That pursuant to Maple Ridge Development Procedures Bylaw No. 5879-1999, a one year extension be granted for rezoning application RZ/002/08 (property located at 11580 223 ST ) 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 as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; iii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; and iv. Registration of a Restrictive Covenant protecting the Visitor Parking. 1�76YK�J,��L�LI� a) Background Context: Applicant: Vincent Donegan Owner: AXXIA Management & Consuling Inc. (Vetta Enterprise) Legal Description: D.L.: 398, Plan: RP65880 OCP: Existing: Commercial Zoning: Existing: M-2 (General Industrial), RS-1 (One Family Urban Residential) Proposed: CRM (Commercial/Residential) Surrounding Uses North: Use: Ministry of Transportation property and Single and Two Family Dwelling Zone: RS-1 (One Family Urban Residential), RT-1 (Two Family Urban Residential) Designation Regional Town Centre Commercial South: Use: Single Family Dwellings and Commercial Zone: RS-1(One Family Urban Residential), H-1 (Heritage Commercial), C-4 (Neighbourhood Public House Commercial) Designation: Regional Town Centre Commercial East: Use: Ministry of Transportation property Zone: RS-1(One Family Urban Residential), M-1(Service Industrial) Designation: Regional Town Centre Commercial West: Use: Single Family Dwellings and Townhomes Zone: RS-1 (One Family Urban Residential), RM-1(Townhouse Residential) Designation: Regional Town Centre Commercial Existing Use of Property: Vacant Proposed Use of Property: Apartment Site Area: 0.200 HA (0.47 acres) Access: 223 Street Servicing: Full Urban Companion Applications: DP/002/08 This application is to permit an apartment building within the CRM (Commercial/Residential) zone. The property will be subject to a Town Centre Development Permit. The purpose of the Regional Town Centre Development Permit to establish guidelines is to direct development in the Downtown to enhance business opportunities that contribute to community identity while meeting the needs of those who work, shop and live in the area. The following dates outline Council's consideration of the application and Bylaw 6617-2008 - The First Reading report (see attached) was considered on September 30, 2008; - First Reading was granted September 30, 2008 - Public Hearing was held October 21, 2008; - Second and Third reading was granted on October 28, 2008. - First extension was granted September 22, 2009. Application Progress: -2- Due to the changing economic conditions, the applicant has been delayed in the completion of their proposed project. The proponent is currently working on the civil drawings required for the Rezoning Servicing Agreement. 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. ISIGINIMMILE The applicant has been actively pursuing the completion of this rezoning application and has applied for a final one year extension. The applicant proposes to apply for final consideration when the residential sales market is stronger. Prepared by: Sarah Atkinson Planning Tecf4nician n p4 _ Appro_ve&by'. Jark ' g, MCA` M.C.I.P Director of Planning Quinn GM: PuW)l c Works & Development Services Concurrence:J. im) Vule1 --, Chie dministrative Officer The following appendices are attached hereto: Appendix A - First Reading Report 3- DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Gordon Robson DATE: September 18, 2008 and Members of Council FILE NO: RZ/002/08 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No. 6617-2008 11580 223 Street EXECUTIVE SUMMARY. An application has been received to rezone the subject property from M-2 (General Industrial), RS- A (One Family Urban Residential) to CRM (Commercial/Residential), to permit an apartment building. This application is in compliance with the Official Community Plan. RECOMMENDATIONS: I. That Zone Amending Bylaw No. 6617-2008 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 as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; Ill. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iv. Road dedication as required; V. Registration of a Restrictive Covenant protecting the Visitor Parking; and vi. Registration of a LEED Covenant DISCUSSION: a) Background Context: Applicant: Vincent Donegan Owner: AXXIA Management & Consulting Inc Vetta Enterprise Legal Description: D.L: 398, Plan: RP65880 OCP: Existing: Commercial Zoning: Existing: M-2 (General Industrial), RS-1 (One Family Urban Residential) Proposed: CRM (Commercial/Residential) Surrounding Uses North: Use: Ministry of Transportation property & Single and Two Family Dwelling Zone: RS-1(One Family Urban Residential), RT 1 (Two Family Urban Residential) Designation Regional Town Centre Commercial South: Use: Single Family Dwellings and Commercial Zone: RS-1(One Family Urban Residential), H-1(Heritage Commercial), C-4 (Neighbourhood Public House Commercial) Designation: Regional Town Centre Commercial East: Use: Ministry of Transportation property Zone: RS-1(One Family Urban Residential), M-1 (Service Industrial) Designation: Regional Town Centre Commercial West: Use: Single Family Dwellings and Townhomes Zone: RS-1(One Family Urban Residential), RM-1 (Townhouse Residential) Designation: Regional Town Centre Commercial Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Companion Applications: b) Project Description: Vacant Apartment 0.200 HA (0.47 acres) 223 Street Full Urban DP/002/08 Application RZ/002/08 proposes to rezone subject property located at 11580 223 Street from M-2 (General Industrial), RS-1 (One Family Urban Residential) to CRM (Commercial/Residential). The rezoning is to support a 51 unit 4 storey apartment building with underground parking. The property is subject to both a Multi -Family Development Permit and a Regional Town Centre Development Permit. -2- c) Planning Analysis: Official Community Plan: The Official Community Plan designates the subject property Regional Town Centre Commercial. According to the Zoning Matrix in the Official Community Plan, the CRM (Commercial/Residential) zone is supported in areas designated Regional Town Centre Commercial. The Zoning Matrix also states that "Properties Designated Commercial and not identified as Ground Floor Commercial required on Schedule "G" of Zoning Bylaw 3510-1985 may align with zones within the Town Centre Residential land use category of this Matrix and in compliance with the Town Centre Concept Plan." The CRM (Commercial/Residential) zone aligns with zones within the Town Centre Residential land use category of the Zoning Matrix. The Official Community Plan also states the following policies: 3-22 Maple Ridge will place a priority on residential development within the Regional Town Centre and will increase the residential capacity of the Regional Town Centre by: a) Encouraging higher density residential development in appropriate locations; b) Reviewing bylaws and regulations to allow 100% residential development in selected areas of the Regional Town Centre; c) Promoting a variety of housing types and choices; and d) Encouraging mixed -use development where appropriate 3-23 In order to further the development of the Regional Town Centre in conjunction with community goals, Maple Ridge will engage in the preparation of an Area Plan. In the interim the Maple Ridge Town Centre Concept Plan will be used as a guide for development. Opportunities to increase residential densities in the Regional Town Centre may be supported if the proposed development is consistent with adjacent land uses; and complies with the policy objectives in the Maple Ridge Town Centre Concept Plan and Official Community Plan. The proposal offers an increase in the residential capacity of the Regional Town Centre and promotes a variety of housing types and choices as per policy 3-22. This area has not been identified as an area where mixed -use development is appropriate as per Schedule G of the Zoning Bylaw. Since the subject property is located within the Town Centre, the applicant has submitted a LEED checklist and is striving to achieve 18 points. Town Centre Concept Plan: The Regional Town Centre Concept Plan identifies the subject property as Mixed Use [1st floor commercial required]. However, underthe proposed Town Centre Area Plan, the subject property is designated Port Haney Multi -Family, Commercial and Mix -Use. Therefore, the proposal complies with the anticipated designation under the Town Centre Area Plan. -3- Section 4.1.2 Heritage Area of the Town Centre Concept Plan, states that "policies and bylaws can be prepared to encourage the densification by locating new residents in the central area, while enabling the retention of existing, valuable buildings and the addition of infill buildings in character." Proposing to rezone the subject property to the CRM (Commercial/Residential) zone conforms to this section as it encourages densification and infill. 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 by 2021. This 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 housing that may serve a variety of income levels and locate residents in close proximity to shops and services. The proposal aligns with the Maple Ridge Town Centre Concept Plan in the following ways: • The Concept Plan recommends that building coverage for the sample apartment project is approximately 52% and the maximum building coverage should not exceed 60%. The lot coverage for the proposed building is 53.6%. • The Concept Plan recommends that in high density and mixed -use areas, 4 storey buildings are proposed in the short term. The proposed building is 4 storeys with exposed underground parking. • The proposed building has its primary fagade facing public streets, which increases the feeling of safety and to create a pleasant, pedestrian -oriented atmosphere for residents, residential. • The building has been designed to facilitate "eyes on the street". Windows, doors, and patios, and balconies face the street to allow for residents to observe the activity in the area. Zoning Bylaw: The proposed apartment building complies with the setback and height requirements of the CRM (Commercial/Residential) zone. However, amendments to the CRM (Commercial/Residential) zone are required and they are as follows: 1. Section 5(a) of the CRM (Commercial/Residential) zone states "All building and structures shall not exceed a lot coverage of 90% reduced to 50% above the second storey". It is recommended that "reduced to 50% above the second storey" be deleted from this section. This amendment is supported because the requirement to reduce the site coverage above the second storey creates a stepping affect. This stepping affect does not support bringing buildings to the street front to create a stronger street presence and does not facilitate "eye on the street" security. -4- 2. Section 7(3) of the CRM (Commercial/Residential) zone states "For those lots southwest of the Haney Bypass with a lot line alignment on 223rtl Street of River Road shall provide a commercial use on the ground floor on that alignment. It is recommended that this section be deleted. This amendment is supported because the proposed Town Centre Area Plan supports Multi -Family Use as a principal use in this area. Development Permits: The property will be subject to a Multi -Family and a Regional Town Centre Development Permit. The purpose of the 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. The proposed 4 storey apartment has exposed underground parking, which is accessed through the rear lane. Due to the slope of the property a portion of the underground parking is exposed and retaining walls are required. The applicant has provided landscaping to screen the retaining walls and exposed parking. To ensure views are maintained, the applicant has proposed a flat roof rather than a hipped roof. The variation in the roof line also adds to the character of the building. The purpose of the Regional Town Centre Development Permit to establish guidelines is to direct development in the Downtown to enhance business opportunities that contribute to community identity while meeting the needs of those who work, shop and live in the area. The proposed apartment building adds to the housing variety in the area and can support local commercial businesses in the area. As this property is located within the Port Haney Area, the applicant has utilized colours and materials that are suitable for this heritage area. Advisory Design Panel: The applicant presented their proposal to the Advisory Design Panel on August. The resolution was as follows: That the application be accepted with the following considerations: • Stair location and configuration to be better integrated into the landscape. The stairs have been altered and blended into the landscaping. • Vehicular drop-off should be higher quality surface and integrated into the building entry The drop-off area will be surfaced with pavers. • Review of exterior materials to be simplified The materials and colours proposed are suitable for this heritage area. -5- 0 Proportion of the brackets to the fagade The brackets have been enlarged to make them more proportionate to the building 0 Treatment of railings on the building and the landscape The railings vary in height, which adds variety. Development Information Meeting: A development information meeting was held at the Best Western Hotel on September 4, 2008 at 7:30 pm. The applicant and the architect were present. One person attended the meeting. The comments received was "liked the building and in particular the roof lines." d) Interdepartmental Implications: Engineering DejMrtment• The Engineering Department has reviewed the application and has provided comments, which include, but are not limited to the following comments: I. Reconstruct the full -width lane carriageway to the standard 6 metre width and cross-section from 223 Street east across the site frontage. 2. Widen the east side of 223 Street Road to a collector standard from the lane north to the site drop-off access. 3. Relocated the 223 Street .centre traffic line to the west to provide for the parking lane on the east side and the curb bulge at the 116 Avenue crosswalk. The parking lane will be time -limited and consistent with other streets in the area. 4. The proposed development will increase pedestrian activity at this area and these works will provide a pedestrian route to existing sidewalks on 223 Street and the Haney Bypass 5. The water system may require upgrading. The cost of the upgrades and the installation of the hydrant will be the responsibility of the applicant. 6. The applicant's engineer might determine that a statutory right-of-way if required in support of storm sewer servicing The above requirements will be part of the rezoning servicing agreement, which will be registered on title. CONCLUSION: The proposed CRM (Commercial/Residential) zone conforms to the land use designation in the Official Community Plan and the proposed Town Centre Area Plan. It is therefore recommended that application RZ/002/08 be favourably considered and that Maple Ridge Zone Amending Bylaw No. 6617-2008 (Appendix B) be read a first time and be forwarded to Public Hearing. MCIP Planning f Approved by: rank Quinn, MBA, P.Eng /GM: Public Works & Development Services J. L [J] Mule Chief AdTrAnistrative officer The fol.lowing appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw 6617-2008 Appendix C - Site Plan Appendix D - Building Elevation Plans Appendix E - Landscape Plans Appendix F - LEEDS checklist 1W! CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6617-2008 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. 6617-2008." 2. That Part 7, Section 706(5)(a) is amended by deleting the following: "reduced to 50% above the second storey" 3. That Part 7, Section 706(7)(3) is deleted. 4 That parcel or tract of land and premises known and described as: Parcel "129", District Lot 389, Group 1, New Westminster District Reference Plan 65880 and outlined in heavy black line on Map No.1442 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to CRM (Commercial/Residential). 5. 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 field .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 P 13 5 5 A A 11 �12 13 14 P 15464 2 1 P 76188 ti L h IL CALLAGHAN AVE. P R K N E 59768 CALLAGHAN AVE. o 00 cl. A N o) P 5 ❑ 18 � 23 1 o, 2 3 ^ � 31 80.5 � 131co N 25N A �' 0 11617 cNN A 116 AVE. S�C� W 2 4 00 22 LO 1 a m"128 Ln 15 0 11580 �fi n LM S 752�, 11587 0 N Rem a N 129 9 37p24 14 a RP 65880 Rl ,� ass Rem 11575 Of7 8 v 1�Sss 6 nv 7 o R N S �g N 70 R err) ff)0 9 RiVfR R0 N pc1- 4 �(p 7 P 58284 Rem 1 q >>2 cgNgo/qN Rp,AMP pAC/F/c �0� o' Rem 1 DY (SK 125) `�� fC r2S Rp Rq/� wq Y N ti 3�3 Rp Rp Ep o s P 335 46059748 NAT. BDY (RP 7373) N p S6 K S4 F NAT. BDY (RP 5335) H MAPLE RIDGE ZONE AMENDING Bylow No. 6617-2008 Map No. 1442 From: RS-1 M-2 (One Family Urban Residential) (General Industrial) and To: CRM (Commercial/Residential) 1A 1:1500 II off �..Z.. _ c_ o .��•� ----ate 111jjJ11]]1j� �E� e { ,`y{`I � F �aaas ZZZ �I 1 � P hill I g Is lilt it if I ` P NONK141- i Jill Jig +y�it:fir■ ii ifli�fl �fe u!� �[ � i 01 Of ; ro :.fit -.....:..s:dssssoss��r � 1• ,r �Ir d,s �,. �A �Is �r! �A © © © ® O O O ® O I I :Fs`:t° t EEEEEEla E ��f � I t hold psii+tt Ir Rif t i ,� 1, i � �� �fli� ' � ,r • ��1 �.% to ti�l jj 1j 11119 a It,f sf f �f ;pit jr I ';.� j �; illlllz j1l�tiii t Iil l i MAPLE RIDGE BYitlSil L'nlurnhiaDISTRICT OF MAPLE RID] TO: His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: DVP/019/10 FROM: Chief Administrative Officer ATTN: C o W SUBJECT: Development Variance Permit SW corner of 235 Street and 236th Street (no civic address) Legal: Lot 3, Sec: 28; TP: 12; BCP: Plan 3007 EXECUTIVE SUMMARY: An application for Development Variance Permit has been received for the above mentioned property in Silver Valley, owned by Landmark Enterprises Ltd. The applicant is requesting a road width variance for part of a new road (proposed 134th Avenue), an E-W extension of Rock Ridge Drive. The proposed road width on the north of the proposed "park" lot is 15.0 meters instead of the required 18.0 meters, requiring a road width variance of 3.0 meters. This variance request is to support the future Landmark - phase 3 subdivision. Currently the Landmark -phase 2 subdivision application (SD/019/10) fronting 236th Street is to subdivide the subject property into 18 single family lots; 4 lots zoned RS-1b (One Family Urban Residential -medium density) and 14 lots zoned R-1(Residential District). RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/019/10 respecting property located at on the south-west corner of 235th and 236th Street. DISCUSSION: a) Background Context Applicant: LANDMARK ENTERPRISES LTD Owner: LANDMARK ENTERPRISES LTD Legal Description: Lot: 3, Section: 28, Township: 12, Plan: 3007 PID: 002-392-313 OCP: Existing: Med/High Density Residential Proposed: Med/High Density Residential Zoning: Existing: RS-1b (One Family Urban Residential -medium density))and R-1(Residential District) Proposed: RS-1b (One Family Urban (Medium Density) Residential) and R-1(Residential District) Surrounding Uses: North: Use: 235th Street and Single Family Residential Zone: RS-3 (One Family Rural Residential) South: Designation: East: Designation: Conservation; Open Space; Low and Medium Density Residential Use: Proposed Single Family and Street Townhouse Residential Zone: Proposed R-1(Residential District) and RST-SV (Street Townhouse -Silver valley Residential) Med/High Density Residential Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Previous Applications: Requested Variance: b) Project Description: 236th Street and Proposed Single Family Residential Proposed R-1(Residential District); Existing: R-1 (Residential District); CD-1-93 (Compact Development) and RS-1b (One Family Urban Residential -medium density) Med/High Density Residential and Low/ Medium Density Residential Single Family Residential RS-1b (One Family Urban Residential -medium density) Medium Density Residential Vacant Single Family Residential 3.99 Hectares (9.85 acres) 236th Street Full Urban SD/119/04; DP/119/04 and SD/081/08 road width variance of 3.0 meters The subject site consists of phase 2 and 3 of Landmark subdivision in Silver Valley. The proposed 15.0 meter wide road section (proposed 134th Avenue) will have a 2.0 meter wide boulevard and 1.5 meter wide sidewalk on the northern side only, with a two-lane clear road right-of-way of 8.0 meter width. This proposed new road when extended to turn south to meet the proposed subdivision on the south & Larch Avenue, is anticipated to be a standard 18.0 meters wide road right-of-way, to be built as part of Landmark -phase 3 subdivision in future. The proposed variance is only for part of the new road (proposed 134th Avenue) on the north of the proposed "park" lot (Appendix C). c) Planning Analysis: Official Community Plan: The Official Community Plan designates the subject sites for Medium High Density Residential. It is a zoned site and the proposed subdivision complies with the Silver Valley Area Plan. The proposed subdivision will create the "park" lot which the District prefers at this location. This "park" land is anticipated to be exchanged for 8 single family zoned and subdivided lots on District lands, east of 2361h Street instead of a direct purchase. The proposed road width variance does not negatively impact the proposed lot configuration and traffic pattern along the east -west corridor. -2- d) Citizen/Customer Implications: The mail -outs to inform residents of the proposed variances were mailed 10 days prior to the anticipated Council Meeting date. Concerned residents in the neighbourhood have had the opportunity to voice their opinions. e) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the cross-section of the proposed 15.0 meters wide road and do not have any concerns for this leg of the road as it is abutting the park lot on the south and single family lots facing 236th Street on the north. Building Department: The Building Department has no concerns with the proposed variance. f) Alternatives: The owner/developer has submitted a Subdivision application in support of the proposed development for which a Preliminary Letter of Approval (SD/019/10-Landmark-phase 2 subdivision proposal) has been issued on June 24, 2010. The applicant is working towards satisfying all the conditions laid out in the Preliminary Letter of Approval. Council approval is required for the Development Variance Permit as presented in this report prior to a Subdivision Plan being approved by the Approving Officer. CONCLUSIONS: The proposed road width variance does not negatively impact the proposed lot configuration and traffic pattern along the east -west corridor around 134th Avenue and Rock Ridge Drive so it is recommended that this variance for the road wLdth be approved. Prepared by. Ap ved isika T 0�a, B-Arch, M-Tech, UD, LEEDS AP anne in�Pickio j% MCP, MCIP i rector of qlakning 1(/,/'= App by: rarlrpl , P.Eng rks & Development Services Concurrence: J.L. {J f R Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Proposed Landmark -phase 2 Subdivision Plan Appendix C - Proposed Road Width Variance details of 1341h Avenue situ reel+ 17 a� 18fV28 29 w 14 22 r� Rem 2 �,s° ry.# 23 13 LEAP 35465 ,ty64' 12 12 i a 1° ttry� fi 21) 10 10 23 j4 24 8 1a 17 M128 'r q -97 !8 1 14 13 12 3t 4a zxa' 9 g a p 11 a: • � � � � r`r � � �i a3 23. 1:? 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BARRIER 4.00 140mTHICK _CURB (7YP•} THICK CONCRETE CONCRETE SIDEWALK —m r.— � SIDEWALK AT DRIVEW I TOPSOIL AND SEED GRANULAR Elk BOULDEVARDS. EACH SIDE OF SIDD a.sD STORM ECH ` GAS sAN C� I W/M D 4.50 3.❑ 5.500 3.00 MIN. 6.50 134 AVENUE TYPICAL QR0$5 SECTION 1:125 MINIMUM 40mm ASPHALTIC CONCRETE SURFACE COURSE _-;Y•?'"_,�¢�..61`�':L`1' UltJ IIIU 40mm ASPHALTIC CONCRETE BASE COURSE Deep Roots Greater Heights TO: I:%]TuA DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: DP & DVP/056/08 Chief Administrative Officer ATTN: C of W SUBJECT: Development Permit and Development Variance Permit 10389 240 ST; 10351240 ST and 10390 SLATFORD PL EXECUTIVE SUMMARY: A Development Permit application and a Development Variance Permit application have been received for properties located at 10389 240 Street; 10351240 Street and 10390 Slatford Place to regulate the form and character of the proposed townhouse development with 40 units, which falls within the Urban Area Boundary, just outside the Albion Area Plan. This report will address the requirements of Section 8 of the Official Community Plan for a "Multi -Family Residential Development Permit" for this town -house development. Council will be reviewing a final reading report at the August 31st Council Meeting, along with this report, to support this multi -family development proposal along with four single family lots west of Spencer Creek, on the south-west corner of 240th Street and 104th Avenue. A Watercourse Protection Development Permit is also required to establish protection, restoration and enhancement criteria in relation to Spencer Creek that runs north -south through the subject sites along with a subdivision application to create these legal lots. Both the applications have been received and the applicant is actively working towards satisfying all the requirements to achieve final approvals for both after Council grants final reading on the zone amending bylaw. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/056/08 respecting properties located at 10389 240 Street; 10351240 Street and 10390 Slatford Place, and further; That the Corporate Officer be authorized to sign and seal DP/056/08 respecting properties located at 10389 240 Street; 10351240 Street and 10390 Slatford Place. DISCUSSION: a) Background Context: Applicant: BRIAN SHIGETOMI of ATELIER PACIFIC ARCHITECTURE INC Owner: CRAIG REDMOND of SPENCER BROOK ESTATESLTD Legal Description: Parcel M; Group I; D.L.: 405; PID: 012-846-651 Parcel 1; Group 1; REF PL 9100; PID: 008-208- 085 and 1112 C01wi Zoning: Lot 3; Group 1; D.L.: 405; Plan: 60014; PID: 002- 340-577 Existing: Urban Residential and Conservation Proposed: Urban Residential and Conservation Existing: RS-2 (One Family Suburban Residential) Proposed: RM-1(Townhouse Residential) Surrounding Uses North: Use: Single Family Residential and 104th Avenue Zone: RS-1b (One Family Urban Residential- Medium Density) and RS-3 (Rural Residential) Designation: Medium Density Residential, Residential and Conservation South: Use: Single Family Residential Zone: RS-3 (Rural Residential) and RS-2 (Suburban Residential) Designation: Residential and Conservation East: Use: Single Family Residential and proposed Multi -Family Residential and 240th Street Zone: RS-2 (Suburban Residential) and R-3 (Special Amenity Residential District) and proposed RM-1(Townhouse Residential) Designation: Medium Density Residential West: Use: Vacant and Slatford Place Zone: RS-3 (Rural Residential) Designation: Agricultural Existing Use of Property: Vacant Proposed Use of Property: Multi -Family and Single Family Residential Site Area: 4.11 acres Access: 104th Avenue -Vehicular and 240th Street -Pedestrian Servicing: Full Urban Companion Applications: RZ/056/08; WPDP/057/08; SD/025/10 b) Project Description: The subject site consists of three lots bearing civic addresses, 10389 240 Street; 10351240 Street and 10390 Slatford Place, of a total area of 4.11 acres, on the south west corner of 104th Avenue and 240th Street. Consolidation of these lots is a condition of final reading of the Zone Amending Bylaw and the approved lot consolidation plan has been returned to the solicitor for registration in the Land Title Office. Existing older single family houses have been demolished. The proposal is for a 40 unit townhouse development, facing 104th Avenue and 240th Street, on the east side of Spencer Creek. The applicant intends to clean-up, enhance, re -vegetate and dedicate portion of lands on both sides of the Spencer Creek. The site is sloping down from the east (240th Street) to the west, with the area west of Spencer Creek in the floodplain. The proposed 40 -2- townhouses in the RM-1 (Townhouse Residential) zone on the west of Spencer Creek, facing 240th Street and 104th Avenue will be separated by lands dedicated as "park" (averaging to a 15.0 m strip on east and west of Spencer Creek), from the four Single Family parcels proposed to be zoned RS-1b (One Family Urban Residential- Medium Density) on the east of the Spencer Creek. Main vehicular access to the townhouses is from 104th Avenue and the proposed Floor Space Ratio in the RM-1 zone is 0.53 (excluding basements). The townhouse units are proposed in 9 blocks forming a cluster of two to five units, each with a direct access to a private outdoor space and a garage off the internal road. Five different plans (type V, W, X, Y and Z) ranging from 1500 ft2 to 2030 ft2 area have been proposed in clusters. Most of the blocks are a combination of 2 1/2 and 3 storey structures. A central usable open space is bordered by the proposed internal ring road. 14 townhouse units facing 240th Street are proposed to have pedestrian street access; 5 townhouses facing 104th Avenue are proposed to have pedestrian street access and the remaining 21 townhouses are proposed facing the internal strata road. All the townhouses have two parking spaces each as required by the bylaw. 20 townhouses out of 40 have double car garages and the remaining 20 have tandem garages. A total of 14 visitor parking spaces have been proposed, which exceeds the bylaw requirement, with an intention of reducing the impacts of tandem parking. A horse trail connection will be established extending west to east further north through northern properties which are also in the development process. Location of the proposed horse trail is on the north of subject sites along 104th Avenue within the road right-of-way. c) Planning Analysis: Official Community Plan: The Official Community Plan designates the subject sites for Major Corridor Urban Residential Use and the proposed development is subject to "Multi -Family Development Permit Guidelines". This designation could support a range of densities and housing forms within the Urban Area Boundary. Hence the proposed townhouse form of housing is in compliance with this designation. As per Section 8.7 of the Official Community Plan the Multi -Family development proposal is subject to the Multi -Family Development Permit Guidelines as discussed below. Multi -Family Development Permit Guidelines: The purpose of a Multi -Family Development Permit is to enhance existing neighborhoods with compatible housing styles that meet diverse needs and minimize potential conflicts on neighboring land uses. Application for Development Permits will be assessed against the following guidelines: ■ New development into established areas should respect private spaces and incorporate local neighborhood elements in building form, height, architectural features and massing. The proposed development is buffered from 240th Street on the east, 104th Avenue on the north and the backyards of proposed four single family houses on the west by the dedicated park area around Spencer Creek. On the west is the conservation area. Respect for private spaces of the existing surrounding development is achieved through these buffers. This Multi -Family development proposes building materials like vinyl board and batten siding, cultured stone veneer, horizontal painted wood / glass guardrails, vinyl windows, aluminum railings, profiled architectural asphalt shingles for roofing, wood trimmings, reinforced fiber cement siding, wooden gates, trellis and fencing. The proposed sloping roof forms match well with the existing surrounding residential area form. The 40 townhouse units are proposed in 9 blocks forming a cluster of two to five units, each all with a direct access to a private outdoor space and a garage off the internal road. Five different plans (type V, W, X, Y and Z) ranging from 1500 ft2 to 2030 ft2 area have been proposed in clusters for variation in colour, massing and building form. ■ 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. Due to natural slope of the property, the 40 units have been designed to take advantage of the grades resulting in both 2'12 and 3 storey structures. Most of the blocks are 2 112 storeys except for Blocks 4 and 5 (Appendix C). It is anticipated that similar density development will occur along 240th Street, south of the subject site as this is identified as a major corridor in the Official Community Plan. The proposal on the east of 240th Street is also proposed to be a Muiti-Family development similar to this one. The conservation strip along either side of Spencer Creek, dedicated as "park", is considered an adequate buffer for the proposed 4 single family lots west of Spencer Creek. ■ Large scale development should be clustered and given architectural separation to foster a sense of community and improve visual attractiveness. All the 9 blocks of buildings (40 townhouses) have been designed with a maximum of four to five units in any one block in order to limit the number of internal (less desirable) unit type; to improve visual attractiveness and to limit the number of shared walls. This reduces the monotonous streetscape, makes the units more livable and also provides some common activity areas, better natural lighting and pedestrian linkages in between the blocks. ■ 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. The two parking spaces per unit for residents are attached to the individual townhouses while the visitor parking spaces are well distributed along the internal ring road along the periphery of the common usable area and in between blocks 1, 2, 3 and 4. Pedestrian circulation has been encouraged by proposing a walkway from 240th street to the common usable activity area. The clusters of 4 to 5 units have been staggered to create an attractive internal streetscape. Individual decks for all the units and access to the yards provide a desirable connectivity with the landscaping. As per Section 8.9 of the Official Community Plan, since this proposal is in close proximity to Spencer Creek, it is also subject to the Watercourse Protection Development Permit. A 15 m strip along both sides of the Spencer creek will be dedicated as "park" with re -vegetation and enhancement works through the Watercourse Protection Development Permit. Zoning Bylaw: The proposed RM-1 (Townhouse Residential) zone provides for low density townhouses and two family residential buildings. The maximum density permitted in this zone specifies proposed total gross floor area not to exceed 0.6 times the net lot area. A total gross floor area of 5,591.99 m2 is permitted. The proposed Floor Space Ratio is 0.53 (excluding basements) and the gross floor area is 5,219.19 m2. This zone requires a minimum Usable Common Space of 45 m2 for each three - bedroom and 30 m2 for each two -bedroom unit. A total of 1,800 m2 area is required as usable open space and the applicant has proposed a usable open space of 1,950 m2 located centrally for all the proposed units. This zone also requires a Common Activity area of a minimum 5 m2 per unit. A total of 200 m2 is required for the 40 units and the applicant has provided 790 m2. The applicant is seeking variances to required minimum setbacks, height and permitted storeys in the RM-1 zone, as stated below. Variances to the Zoning Bylaw: The RM-1(Townhouse Residential) zone specifies the following setbacks: 7.5 meters from front, rear and exterior side yard; 4.5 meters from an interior side yard for a wall with no windows to a habitable room and 6.0 meters from an interior side yard for a wall with a balcony or a window to a habitable room. The RM-1 (Townhouse Residential) zone also specifies a maximum permitted height not to exceed 10.5 meters and 2 1/2 storeys. The applicant is seeking the following variances: • Front setback variance along 104th of 3.0 meters (4.5 m proposed instead of 7.5 m required); • Exterior side setback variance along 240th Street of 3.0 metres (4.5 m proposed instead of 7.5 m required) and 4.0 metres (3.0 metres proposed for Block 9 instead of 7.5 metres required); • Rear yard setback variance of 1.27 meters for Block 3 and Block 6 (6.23 m proposed instead of 7.5 metres required); • Height variance of 0.16 metres for Block 4 (10.66 metres height proposed instead of 10.5 metres required); • Variance to permit 3 storeys for Block 4 and Block 5 instead of a maximum of 2 1/2 storeys permitted. Off- Street Parking and Loading Bylaw: Maple Ridge Off -Street Parking and Loading Bylaw # 4350-1990 specifies 2.0 parking spaces per unit for residents and 0.2 spaces per unit for visitors for the RM-1 (Townhouse Residential) zone. This proposal requires 80 resident parking spaces which are all provided in the basements of each townhouse. Out of 40 units, 20 have a two -car garage and the remaining have a tandem parking garage. A total of 14 visitor parking stalls have been proposed which exceed the required visitor parking stalls for the RM-1 (Townhouse Residential) zone. The ratio of disabled parking spaces required is one space per 100 spaces, hence one handicapped parking space has been proposed. A "Visitor Parking Covenant" has been registered on title for the proposed 14 visitor parking stalls, to ensure that visitors parking remains designated for visitors after stratification of the development. d) Advisory Design Panel: On September 9, 2008 the Advisory Design Panel reviewed the proposal and commended the applicant for its quality and completeness of the presentation. The panel recommended that the following concerns be addressed by the applicant and submitted to planning staff: • The potential for additional street parking in creative ways on the internal road; -5- • The potential of moving the central duplex building to the north 3 to 4 feet and additional planting to the south of it; • Increase deciduous planting on the south and west sides and provide more definition in the landscape to these areas; • Look at an alternative play design to increase play value; • To assess trees at the edge of paved areas as the design progresses and evolves; • Potential to add trees between Blocks 1 and 2 and Blocks 2 and 3; • Consider moving the play area to the north to provide greater privacy to Block 10; The applicant has made the suggested revisions and the panel has approved the same. The applicant had originally proposed 8 visitor parking spaces which were increased to a total of 14 spaces by proposing 6 extra visitor parking stalls that are proposed to be finished with a gravel grid type finish. The central duplex units have been moved to the north by 1.06 metres (3.5 feet) to allow for additional planting to the south of it. Alternative play design is proposed to increase the functionality of the play area along with improved deciduous tree planting on the south and west sides. e) Citizen/Customer Implications: The mail -outs to inform residents of the proposed variances were mailed 10 days prior to the anticipated Council Meeting date. Concerned residents in the neighbourhood have had the opportunity to voice their opinions. f) Environmental Implications: As per Section 8.9 of the Official Community Plan, since this proposal is in close proximity to the Spencer Creek, it is subject to the Watercourse Protection Development Permit. A 15 m strip along Spencer creek will be dedicated as "park" with re -vegetation and enhancement works through the Watercourse Protection Development Permit. As per the plan dated June 30, 2010, prepared by the environmental consultant "Phoenix Environmental Services Ltd" and the cost -estimate, a refundable environmental deposit (including a 5 year maintenance period) of $ 19,090.00 will be paid by the developer prior to approval of a Watercourse Protection Development Permit. g) Citizen/Customer Implications: h) Financial Implications: In accordance with Council's Landscape Security Policy, a refundable security equivalent to 100% of the estimated on -site landscape cost for the townhouse parcel will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost by Van Der Zalm and Associates dated August 09, 2010 of $ 222,180.90, the security will be $ 222,180.90. 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 21 Street trees added to the municipal street tree inventory on completion of this project; 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 and the costs associated with maintaining these trees will need to be included in a subsequent operating budget. ls6M i) Alternatives: Council has given 3rd reading to the rezoning application and will be reviewing the Final Reading Report for RZ/056/08 at the August 31, 2010 Council Meeting. The owner/developer has paid all the required securities in support of the proposed development. The owner's solicitor has submitted all the legal documents for registration into the Land Title Office. Not approving this proposal would result in a consolidated piece of land remaining vacant. The owner/ developer and his team of consultants anticipate approval of the Watercourse Protection Development Permit and Subdivision Plan, closely after the final approval of the Zone Amending & the Official Community Plan amending Bylaws. CONCLUSION: The project will redevelop the subject sites with proposed enhancement works and re -vegetation around Spencer Creek on lands dedicated as "park". This proposal will also build the horse -trail connection along 104th Avenue, fronting the development. Some height and setback variances as described in this report will require Council approval. The proposed variances do not negatively impact the surrounding properties. UINA. Prepared by: Rasika Ac , B-Arch, M-Tech, UD, LEED® AP Planner Jan—&Pick�g, AfC—P�ICIP Director of P, pny ing Appro d b : nRrQ�fB;ANEng M: Pu id Works & Development Services Concurrenc J. L. i�R"�- Chief dministrative Officer RA / The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Site Plan Appendix C - Building Elevations and Building Sections Appendix D - Landscape Plans Appendix E - Landscape details -7- 6 P 60014 ❑646 S� 2 ,�°5 347 n 345 s ,ona ti �1 % 346 ,o° 4r 12 P t '] ,d 373 1000 8g ��� 5a4t5 374 23sys 270 'oats 275 274 273 T�72271 t04t375 376 A. 92 104M Rem Pd. A BCP 6155 3 P 60014 a rr 0 a Subject Properties 4 • I I 10,10 5 P P014 P 1D921 6 tensa 9 i P 14751 I P 22743 P 14750 A Rem 7 a toa2o Pcl. M A B Rem D B (J130089E) 10386 P 21 E9 NWP7139 P 13554 A 10380 A P 13554 Pcl. 1 rn36s RP 9100 t4355 G P 20434 2 2 Rem 1 0. 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III$ � i F� 3 S5 e i � } } € �s' Y{{ail E Bzz-} 9♦!�'Ye !i { jyF $, gp �j3g x @ € { �3f {il 't { "I�i sY p�L F}} eE c i Ypff Ali l is It !61}l1gg �ft1Fl{r{f}E�F1{ f E_ �;a5 fE 33ii d a r � } ii w � �e ;�� o �� i a} �� $ q` � � F g � fE ���E�� i€ `�s �gaf� � 1 {f �➢fl B� �€Eq; .z. 5 � { �y� ii i{€g • �a � d agbt�a a �a �� a F1 A 11 l { j SaE gj�;agi %p� �7; Fgg r�.9 f !4 �11E� Eli} w �g pp ya 3y@@ fi �3 $� � � 5y'ty AyE 8c (FEE5•� ii5q 4€4 ��jjE�•F l { � 1 a N a•N {� c $# <��� H4 c� a lifflu � ;f afo-a�u �gpf``a€1 f E< H f F➢ CG}�p, M t, ��_E �3'_�Il�iE3� �- MAPLE RIDGE British Columbia TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer Variance Permit 22890 and 22920 GILBERT DRIVE EXECUTIVE SUMMARY: DATE: August 17, 2010 FILE NO: VP/085/09 ATTN: COW A Development Variance Permit application has been received for the subject properties located at 22890 and 22920 Gilbert Drive to permit a maximum height of 11 meters and 2 1/2 storeys for R-3 (Special Amenity Residential District) and 11 metres for R-1 (Residential District) zoned lots of Phase 5C of Portrait Homes development in Silver Valley. The applicant has requested this increase in height to allow for flexibility with steeper grades on the site and in order to achieve the design theme established in the earlier phases of this large development site. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal VP/085/09 respecting property located at 22890 and 22920 Gilbert Drive. DISCUSSION: a) Background Context Applicant: INSIGNIA HOMES SILVERVALLEY LTD Owner: INSIGNIA HOMES SILVERVALLEY LTD Legal Description: Lots 1 and 2, Section 32, Township 12, NWD Plan BCP43237 OCP: Existing: Medium Density Residential, Med/High Density Residential Proposed: Medium Density Residential, Med/High Density Residential Zoning: Existing: R-3 (Special Amenity Residential District), R-1 (Residential District), RST-SV (Street Townhouse - Silver Valley) Proposed: R-3 (Special Amenity Residential District), R-1 (Residential District), RST-SV (Street Townhouse - Silver Valley) 1113 Surrounding Uses North: Use: Single Family and Street Townhouse Residential Zone: CD-3-98 (Comprehensive Development), RST-SV (Street Townhouse -Silver Valley) Designation Medium/High Density Residential, Low Density Residential South: Use: Vacant Zone: P-1(Park and School) Designation: Neighbourhood Park East: Use: Townhouse Zone: RM-1(Townhouse Residential) Designation: Medium/High Density Residential West: Use: Single Family Residential Zone: CD-3-98 (Comprehensive Development), Designation: Eco-Cluster Existing Use of Property: Vacant Proposed Use of Property: Single Family and Street Townhouse Residential Site Area: 1.8 ha (4.46 acre) Access: Gilbert Drive and 230A Street Servicing: Full Urban Previous/Companion Applications: RZ/110/08, SD/085/09, DP/085/09 Requested Variance: To vary the maximum height from 9.75m to 11.0m and 2 storeys to 2 1/2 storeys for R-3 lots, and from 9.Om to 11.0m for R-1 lots. b) Project Description: The subject properties are 29 R-3 (Special Amenity Residential District) lots and 10 R-1 (Residential District) lots. The variances are needed because the site grades are quite steep, up to 22% in some areas, and it would be difficult to accommodate the applicant's design theme of 9 foot ceilings and specific roof forms. The R-3 lots are located adjacent to the RST-SV (Street Townhouse -Silver Valley) lots with a maximum height of 11.0m. The R-1 lots are located adjacent to an early phase of the applicant's development which has received the same height variance. c) Planning Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for single family development. A Development Variance Permit allows Council some flexibility in the approval process. Such flexibility can allow an applicant to sensitively fit a project to a challenging site. d) Requested Variances to Maple Ridge Zoning Bylaw: Section 601C(F)(1), to vary the maximum height from 9.75m to 11m and to vary the number of storeys from 2 to 2 1/2 for the R-3 zoned lots. Section 601(C)(11)(b), to vary the maximum height from 9.Om to 11.0m for the R-1 zoned lots. -2- • The applicant's reasons for the requested height variance include: o The existing slopes on the site are quite steep, up to 22% in some areas, and this creates problems when trying to achieve the overall design theme that Portrait Homes has used with the existing building forms in this development; o The requested variance relates more to increase in ceiling heights and roof forms and higher roof pitches rather than increased massing of the actual building. o Will eliminate the need to artificially manipulate the grades at the building corners. o The R-3 lots will have a building height consistent with the adjacent Street Townhouse buildings, which have a maximum building height of 11.0m. o The R-1 lots will have a building height consistent with adjacent R-1 zoned lots that have previously received approval for the same height variance. • Staff Comments: The requested variance is supported. The applicant has provided and demonstrated that this variance will allow them to achieve a high design standard that has been established with the earlier phases of this development. We note that: • The height variance relates more to roof forms and higher roof pitches than increased massing of the actual building; • The R-3 zone has the additional height restriction of 2 storeys. The uphill or downhill slope of the lots results in buildings that are 2 storeys on one side and 3 storeys which is considered a 2 1/2 storey building. The R-1 zone does not include this restriction; and The steep slopes on this site make it difficult to achieve the building type as noted above without artificially regrading and manipulating the site with the use of extensive retaining walls. e) Citizen/Customer Implications: There are no citizen or customer implications with this application. The requested variance will permit the same housing form that was developed in earlier phases of this development. f) Alternatives: If this application was not approved the applicants would have to re-evaluate the development and explore ways to meet the Zoning Bylaw and consider what compromises would be feasible. Some of the options may include changing their desired design approach, moving to flatter roof forms, reviewing their grading plan. Combinations of these options may be needed and depending on the options chosen may result in other implications for the subdivision such as modifications to the engineering drawings with regard to service locations and driveway letdowns. -3- [Kll►Is] IIIIIJ1611[CillA The proposed height variances have been reviewed with respect to the existing phases that have already been developed and with consideration to site conditions of steep slopes and the developer's request for steeper roof pitches and higher ceilings to ensure a unified approach to their development. It is therefore recommended that Council approve Development Variance Permit VP/085/09. PrepAd by: Ann rdwards, CPT Senior Planning Technician Appr v6d by:. Ja-'.Piy#r1n , P, MCIP �� �or of Planning �-• gran , MBA;'P.Eng G ublic Works & Development Services Concurren .. (JTrn)-Rtfle Wief Administrative Officer AE/ The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Subdivision Plan Appendix C-1 - Typical building elevations R-1 lots Appendix C-2 - Typical building elevations R-3 lots, uphill design Appendix C-3 - Typical building elevations R-3 lots, downhill design -4- ]3 25 138 A AVE- o y j �v `� C 5 c 18 7 9 56 52 BC 227 4 53 54 ,_ ._ 55 R C7RCte 38 cz976 2291y 3 37 22912 22911 4 36 22910 22909 z 22905 ! 5 35 0 22so6 4 22902 6 1 34 12 s 28 �92 APPENDIX A 22 L 18 17 o�.r W16 � O I—SUb,-j-ec--tP—rope'r't'ie's BC y�vr 67 136 A AVE H Meaof l meadows-' 22890 & 22920 Gilbert Dr CORPORATION OF i �::,• I THE DISTRICT OF �ti - ? I 'jo MAPLE RIDGE N District of y - I . i + r PLANNING DEPARTMENT Langley SCALE 1:2,000 i DATE: Aug 5, 2010 VP/085/09 BY: JV F17ASER 1�. APPENDIX 6 —�------- m slow -------- M N M CL R V cm Cl- J F-- V C 0 W i-- f~ z N W W Z a M Z P V Lj C. J O Z Q 1� APPENDIX C-I SK ; L — .I�1I I I I�, ;,� I I•i, O f.r N -� a " •'ill 1 � �Z V � � � O i 04 M O N 4 CISW.: r> y 3 �yI• I. k36 iJ 3 •'�"9 LL 4111, l :W —� W s 116'jf;i, -�'; I ' l 1111I yIII! II Lu Lu 1' 1 x?8, w � £• s � yq :ps I�n9"nn r,ikan ino':i1 .. y _ I[• � � '^ o � � ���� III LLl w ZI 1 I � ?s g •� p Ll L'% � �• . �•` �. �� �{ !� �� I alb �1 APPENDIX C -d, R Y r_- fa i Y 'Lu H �S � aocs m.nw:{sa�ctr �I z 3� W C a LL s cs�- 'P$8 • Y - - �•ll 12-"M r. PC it �IIIi �,r'll it III I `�II 7J If I f�'�Illljillll JI 'Il III I.! 'If il3l � Vie ' F6 '� • iei �: n own - _ K o 3 Frio N ,�oLLJ ' ! ' LU 3l8 r i II ! II 'I !Ir !I ail ill'Ij -i LL Ms ' I II�IEII'' I S^Y ,M 111 .f •,pp APPENDIX C -3 `;wt•b �l J� W U- r' i _.l "'1 v m1 DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: August 16, 2010 and Members of Council FILE NO: DP/085/09 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Multi -Family and Intensive Residential Development Permit 22890 and 22920 GILBERT Drive EXECUTIVE SUMMARY: A Development Permit application has been received for the subject site located at 22890 and 22920 Gilbert Drive. The site is located on Gilbert Drive and 230A Street and is within the Blaney Hamlet of the Silver Valley Area Plan. A Multi -Family Development Permit is required for 8 proposed Street Townhouse dwellings in two buildings zoned RST-SV (Street Townhouse - Silver Valley). The Multi -Family Residential Development Permit establishes the form and character of multi -family development, with the intent to enhance the existing neighbourhood with compatible housing styles that meet diverse needs and minimize potential conflicts on neighbouring land uses. An Intensive Residential Development Permit is required for 29 proposed lots zoned R-3 (Special Amenity Residential District). The Intensive Residential Development Permit provides a greater emphasis on high standards in aesthetics and quality of the built environment while protecting important qualities of the natural environment, with the intent to provide an environment that is safe, attractive, people -friendly and environmentally responsive. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DP/085/09 respecting property located at 22890 and 22920 Gilbert Drive DISCUSSION: a) Background Context: Applicant: INSIGNIA HOMES SILVERVALLEY LTD Owner: INSIGNIA HOMES SILVERVALLEY LTD Legal Description: Lots 1 and 2, Section 32, Township 12, NWD Plan BCP43237 OCP: Existing: Medium Density Residential, Med/High Density Residential Proposed: Medium Density Residential, Med/High Density Residential 1,114 Zoning: Existing: R-3 (Special Amenity Residential District), R-1 (Residential District), RST-SV (Street Townhouse - Silver Valley) Proposed: R-3 (Special Amenity Residential District), R-1 (Residential District), RST-SV (Street Townhouse - Silver Valley) Surrounding Uses North: Use: Single Family and Street Townhouse Residential Zone: CD-3-98 (Comprehensive Development), RST-SV (Street Townhouse -Silver Valley) Designation Medium/High Density Residential, Low Density Residential South: Use: Vacant Zone: P-1 (Park and School) Designation: Neighbourhood Park East: Use: Townhouse Zone: RM-1(Townhouse Residential) Designation: Medium/High Density Residential West: Use: Single Family Residential Zone: CD-3-98 (Comprehensive Development), Designation: Eco-Cluster Existing Use of Property: Vacant Proposed Use of Property: Single Family and Street Townhouse Residential Site Area: 1.8 ha (4.46 acre) Access: Gilbert Drive and 230A Street Servicing: Full Urban Previous Applications: RZ/110/08, SD/085/09 b) Project Description: The applicant is proposing to develop 8 fee -simple Street Townhouse units in two buildings zoned RST-SV (Street Townhouse - Silver Valley) and 29 single family dwellings zoned R-3 (Special Amenity Residential District). The subdivision application (SD/085/09) associated with this application also includes 10 R-1 (Residential District) zoned properties. (See Appendix B) The site is located within Blaney Hamlet of the Silver Valley Area Plan and is designated for Medium and Medium/High Density Residential development. Street Townhouses: The RST-SV (Street Townhouse - Silver Valley) zone received final reading from Council on October 27, 2009 with rezoning application RZ/110/08, which included this development. The street townhouse buildings are designed to have the appearance of a townhouse while also providing a more individualized style for each unit. Two building colour schemes are incorporated to provide greater variation in the streetscape. Both colour schemes are coordinated to blend in with the present colour schemes of the neighbouring single family homes, also by Portrait Homes. The buildings are "uphill lots", which have a 3 storey street frontage and 2 storey rear elevation, designed to step up the slope from front to back. Each unit is provided a prominent front entrance, a double garage, and all have additional parking space on the driveway. The front landscaping has been enhanced to provide the maximum amount of vegetation between the driveways. Each unit has a fully fenced private rear yard with a tree, and additional landscaping to further separate the patios. A 1.2m wide access easement is provided around the building, with gates between each rear yard, to allow the central unit owners to access their rear yards externally. This is primarily provided to allow owners to bring landscaping material and outdoor equipment in and out of their rear yards. Other covenants will be required for owners of attached units to work and share costs cooperatively together for party wall, exterior building and drain tile maintenance. The covenants are necessary because these are fee simple units, rather than strata units. Intensive Residential: The R-3 (Special Amenity Residential District) buildings are designed to take advantage of the contours of the site and are either uphill or downhill sloped lots. Six different building types (3 uphill designs and 3 downhill designs) with variations in the detail finishes and colours ensure that identical buildings will not adjacent to each other. The building design elements, materials and colour schemes are consistent with the adjacent single family, street townhouse and townhouse developments by the same developer. The garage doors are recessed from the building face and prominent front entries with porches face the street. c) Planning Analysis: Multi -Family Development Permit Area: A Multi -Family Residential Development Permit is required for all new multi -family development (three or more dwelling units per building) in an area with an Area Plan. The Section 8.7, Multi - Family Development Permit Area Guidelines of the Official Community Plan aim to regulate the form and character of development located within this area. Although the proposed development is considered a multi -family development, the street townhouse units are fee -simple (i.e. no common property) and some guidelines will not apply to this type of development. This development respects the key guideline concepts as outlined in this section: 1. New development into established areas should respect private spaces, and incorporate local neighbourhood elements in building form, height, architectural features and massing. This street townhouse development will be situated in an area of new single family development by the same developer. The development carries through with compatible size, design elements and colours from the surrounding houses. Each unit is provided with private outdoor space. 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- This street townhouse site is part of a larger development by the owner which includes a variety of residential lot sizes and housing types. These units provide a transition between the single family housing and the larger strata townhouse site to the east. Consideration has been given to the transition in density, housing types and protection of privacy. The project has been designed with the two storey elevations located towards adjacent single family homes. 3. Large scale developments should be clustered and given architectural separation to foster a sense of community, and improve visual attractiveness. This project is not a large scale development but the buildings are designed and located to best suit the sloping topography of the site. The 2 buildings are located on the south side of 230A Street, directly behind 2 similar street townhouse buildings. They are 21/2 storey wood -frame structures with 4 units per building. The building height, architectural features and colours are consistent with the surrounding single family homes. 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. These street townhouses are located on fee simple lots so there is no common property as would be found in a strata development. The front landscaping has been enhanced to provide the maximum amount of vegetation between the driveways. Each unit has a fully fenced private rear yard with a tree, and additional landscaping to further separate the patios. Each unit has a prominent front entrance, a double garage, and all have additional parking space on the driveway. Intensive Residential Development Permit Area: An Intensive Residential Development Permit is required for all new Intensive Residential development in an area with an Area Plan. Residential development at densities greater than 30 units per net hectare that is typically zoned R-3 (Special Amenity Residential District) is considered as intensive residential. The Section 8.8 Intensive Residential Development Permit Area Guidelines of the Official Community Plan aim to provide a greater emphasis on high standards in aesthetics and quality of the built environment while protecting important qualities of the natural environment, with the intent to provide an environment that is safe, attractive, people -friendly and environmentally responsive. The key guideline concepts for the development permit area are as follows: 1. Neighbourhood cohesiveness and connectivity should be maintained through the design of varied yet compatible buildings, in materials used and in architectural styles, in landscapes and in recreational areas, and by facilitating a range of transportation choices. These lots will be situated in an area of new single family, street townhouse and townhouse development by the same developer. These dwellings carry through with compatible size, design elements and colours to the surrounding dwellings. The site is in close proximity to 2 Parks and potential school site on 230A Street. There are a variety of walkways and equestrian trails in the area. -4- 2. A vibrant street presence is to be maintained through a variety of housing styles, by maintaining street parking and by directing garage structures and off-street parking to the rear of a property accessible by a lane. For visual interest, there are six different building types (3 uphill designs and 3 downhill designs) proposed for the 29 lots and the identical building design will not be repeated within 3 adjacent lots. A streetscape for 230A Street is attached illustrating the integration of the uphill and downhill R-3 lots with the RST-SV lots of this development. (See Appendix C) The dwellings each have recessed double garage doors fronting the street, a prominent front entry, and front yard landscaping plans are provided. Requested Variances: A Development Variance Permit application has been meters and 2 1/2 storeys for R-3 (Special Amenity (Residential District) zoned lots. These variances ar which is also before Council for their consideration. d) Advisory Design Panel: e received to permit a maximum height of 11 Residential District) and 11 metres for R-1 discussed further in application VP/085/09 The design of these two Street Townhouse buildings is the same as the buildings that were reviewed by the Advisory Design Panel on August 11 and Sept 8, 2009 with a previous application (DP/048/09). At that time the Panel commended the applicant on the quality of their presentation and choice of materials but wanted the applicant to return to the design panel to address the issue of providing individual expression to these units. The applicant revised the design to the satisfaction of the Advisory Design Panel and the Planning Department. e) Financial Implications: A refundable security equivalent to 100% of the estimated cost of landscaping for the Multi -Family Development Permit will be provided by the developer to ensure that the street townhouse development is carried out in accordance with the terms and conditions of the Development Permit. Based on estimated landscaping costs, the security will be $25,602.28. A security is not required for the Intensive Residential Development Permit. There will be approximately 37 trees added to the municipal street tree inventory on completion of this project. The costs associated with maintaining these trees will need to be included in a subsequent operating budget. -5- CK910410AI NLE As the development proposal complies with the Multi -Family Development Permit Area and the Intensive Residential Development Permit Area guidelines of the Official Community Plan for form and character, it is recommended that DP/085/09 be given favourable consideration. Prep red by: Ann E ards, CPT Senior Plan ing Technician App'roved_bY.-'_Jme Pi CP, MCIP ❑irecbofof PlaPning App oved ?��GMN:ubll � , I'�FB� P.Eng Works & Development Services Concurrence: kL. {Ji u, �ChReTAdministrative Officer AE/ The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Subdivision Plan Appendix C - Streetscape Plan (R-3 and RST lots) on 230A Street Appendix D - Street Townhouse Site Plan Appendix E - Street Townhouse Building Elevations and Colours Appendix F - Street Townhouse Landscape Plans Appendix G - R-3 Lot Uphill and Downhill Building Elevations Appendix H - R-3 Lot front landscaping concept plans Sev 37 APPENDIX A C/ROLE ■® 22896 7 228s2 $ as 9 10 11 gCP 2�3� 21 20 19 18 17 BC 22 O O N (p N O N N N N IO 69 68 67 B BCP 432 5 PARK BCP 43237 4. 3 137 AVE. r 28 S p 338 1 11 10 g2 13 12 m o 7366 m cm ^�M 9 49 14� BLAKE LOOP 3s 8 50 15�3e&r 13680 P 38408 51 16 13670 � 17 r36>s 7 r36>j 13660 10 69 6 68 ,36 13650 67 �� OQ 136AAVE. 5 r O 13640 66 �� �° 4 65 738 Q)P N N T ¢ 13P30 4 City of Pitt Meadows..' . ,o 22890 & 22920 GILBERT DRIVE CORPORATION OF N THE DISTRICT OF MAPLE RIDGE District of -° PLANNING DEPARTMENT Langley SCALE 1:2,000 - �. DATE: Jun 14, 2010 FILE:DP/085/09 BY: PC APPENDIX B s ��I o I Z � �@a pp oil J eFi P ff� 6 S L � � Y 232 S RFE H -6 ti Nh' R5 E 9 SSS � 3Iski I 11 Syp. •��r r. pad "4S gig Him# Gil SiNviinSNOO XdWtfd ps€g'; F �'8 `3Ja121 3ld` VY `3Nba b38lIJ / iMUiS V 0£Z o �� � �g a !gil9� lN3WdOl3A3a IVUNMIS3b Ia€ � w r s " °ak kIIWt/3 3�0NIS a3SOdO2Jd S3WOH `dINJISNI � i wsi �Q } w � #cn --- APPENDIX C E 3 s a.,xiwc�mmasrb.en,r --- ---- r E 6 S a s s I I _ s s l m m N O) l C O _ I w O a O U an u�awri=n rwacca�z '-a;� H w w w � v I] 1 W � C w �n I i I I I I I •r1� J alva Ln3w60-Gll a Y o- twos @1Y NYW 3115 %flld;]`JND7 � : SLx3LMYJ 133N5 � OI YL-wi ,Lra i asvNd-,�rivn ranils'�ia �dvw �ii:�$IbiPB�'i�1133�1$'MIIN3CI�53� :1JFOtld � +� knrtla � c uo A nvn rands 5;4cN ywgism APPENDIX D - �6.z W ra U' �') ❑ul N p _ O O ° ° p LU fi��� ■■�fi� :. =M�w MEMO 1 �II� �il� SDI Q lg III III 3 ! kill R1 '31 APPENDIX E N O O H] rA amp 4 I.L I'ON gmaiiR3 s1011YA 119HIlFllgC 3SVHd - A3TTYA T$AlIs'290N Twvw igg&s wllNaOIG2N : -Nd l 'QiT 13TNA LHAIIs 5940H VIN915NIo I III ilia �I q pil A I l: 1II: k1lti bl O d w .Q.^ VI }FU j ■ os 1721 bdo `tW �� Ifim �7 7C3S 00 LLI as s 3i 2F B �vlli i_ JOL ■ • ®©®® II��IIII�©, IRA 'hill @ ill .. L'ON 9NIQ7tll9 Y SNOLLVA39 9NIC1109 L 2WIld - ,l3TMA 2! A116'36aid 3"Id'dW 9NISnOFWO1 1-:EgNLS 1VUNWIGad N i 'QLl J3RtlA LBA15 5-;^IOH VIN915N1 : ixaro _p 0 i a 0 O AIII 91 72 Z'ON 9NIQllm SNOIIVA3199NIal rG SlN3LNOJ 133N5 va L 3SYHd - AaTtin a3All5 '3�.bla g-'Z' SNr.'VF"Wl 1$a19-TYUN40193a xxraa �� A3TNA 2H/a'IIS 53HOFi VIN91R11 : � i wJ63a 1M3mJ � a Il 6111' pllI PI N N LLl Y ■ z ° ■ t a S � N Y N R Ap N a - 0 3,3 s-AR E a All I ,Z a -01 a� s v° N a Q G �. Y� a F 1 C) > so y LU ie 7 3 O m &Y W Si;€E z a o IN I ° 11, o� $9. 01 'I /^'' z •may-g.RBp epee RF:3 gp@¢ WWW Z N f W 1' LLL \ cz my �. • . � W Z J Q r[?3a Z QW LL F g�- K m LU viNN l LLA t z w CY 0 n H fy a w t4Ai N,APLE RIDO, E PLANNING DtiPAR"� m� W�U ' W L" APPENDIX G O W en 27 u Ln z a LU j W z r � 5 ,Z) M ..� ry� L h hh h^ . �—s 00 FMAY 2 0 2010 X z w Cl- �� �a I `nU 176? 51' 20' y / 11.000 1 � rg 0 0 W i _� 0 u �jj ae yµRVp S_dddd NP! € �� ❑p3 Rug 0jilt.. .� ...IW ��� 33 0 _ It z a - V V N 1 MAY 2 0 2010 MAPLE RIaG� PL.�. NING DEPARTmrwr MAPLE RIDGE Brllish cotumbia f DISTRICT OF 'RIDGa TO: His Worship Mayor Ernie Daykin DATE: August 17, 2010 and Members of Council FILE NO: VP/035/10 FROM: Chief Administrative Officer ATTN: Cow SUBJECT: Variance Permit 21513 124 AVE EXECUTIVE SUMMARY: An application has been received to reduce the front yard setback from 7.5 metres to 3.6 metres to permit construction of an attached garage. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal VP/035/10 respecting property located at 21513 124 AVE. DISCUSSION: a) Background Context Applicant: Owner: Legal Description: , lwa Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses North: Use: Zone: Designation South: Use: Zone: Designation East: Use: Zone: Designation West: Use: KEN DORNBUSCH KENNETH DORNBUSCH JO-LEA DORNBUSCH Lot: 4, D.L.: 244, Plan: BCP6488 Urban Residential Urban Residential RS-1a (One Family Amenity Residential) RS-1a (One Family Amenity Residential) Single Family Residential RS-1a (One Family Amenity Residential) Urban Residential Single Family Residential RS-1a (One Family Amenity Residential) Urban Residential Single Family Residential RS-1a (One Family Amenity Residential) Urban Residential Single Family Residential 1115 Zone: Designation Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Lot Size: Requested Variance: b) Project Description: RS-1a (One Family Amenity Residential) Urban Residential Single Family Residential Single Family Residential 0.182ha 124th Avenue Urban 0.182ha To reduce the front yard setback from 7.5m to 3.6m The applicant proposes a reduction in the front yard setback of an existing house from 7.5m to 3.6m to permit construction of an attached garage. The subject property is a panhandle resulting in the house being set well back from the frontage road (1241h Avenue). The greatest impact will be on the adjacent property to the south, which is currently vacant and also owned by the applicant. c) Alternatives: The proposed development variance is required to build the attached garage addition. If Council does not support the requested variance the applicant is unable to construct the proposed attached garage. CONCLUSIONS: It is recommended that VP/035/10 be favorably considered. Prepared by: Sarah Atkinson Planni Te hnician rued by:. J e P— G, M , MCIP Director of PIAsn�ing Ap roved b . F n I Concurrence: J.L. Ji Chie /r , P.l=ng & Development Services file _ inistrative Officer The following appendices are attached hereto: Subject Map Site Plan -2- 2 1 2 12507 12502 P 46774 58$ 8 226 227 228 m M 243co 3 2�5, N i° 12503 N N P 59697 225 N *pp122 SPRING AVE. CP 3124 I AVE. 3 21497 SPRANG 1 2 215 00 °) 224 21491 223 N � N N 216 ACE � 1 ? 222 12470 12471 SUBJECT PROPERTY co c� co L � r 221 r 217 N N N N 2 r N 21 20 19 160 � a � °0 3 d .2°00 T 00 P 215 26 0 N 219 218 m 220 cY) P 46774 P 134 1 c m 4 6 co P 26 796 4 3 2 159 g BCP 488 42 43 44 45 5 7 •� In �_ _ f� V MLO U7 M L2 N M to �' LLO 0 �_ m N N N N N N N N N N N N N 124 AVE. b C\j t C\j Ln LO w C _� C LO Ln iy N N N N N N N N N N N 214 215 216 92 93 94 95 96 97 121 Rem j 3 2 P 626z 0 .2 P 6156 P 26156 r o P 137 0 213 co a_ P 62639 City of Pitt Meadows. ' — �� [ 21513 124 AVENUE F i co — CORPORATION OF - - T — THE DISTRICT OF District of 1 1 fA + F MAPLE RIDGE Langley Ili ,, ��. 1 •' PLANNING DEPARTMENT SCALE 1:1,500 ` `. � — - ,�•_° DATE: Apr 28, 2010 FILE: VP/035/10 BY: PC 124 AVENUE 10 5 0 10.0 25.0 BRMSH COLUMBIA LAND SURVLI'OR'S CERTlMTE OF LOCt47ION OF PROPOSED GARAGE ON LOT 4 D.L. 244 GP.1 N.W.D. PLAN BCP6488 r Pl1f- -' Prepared for. KEN DORNBUSCH Scale Civic Address. 215 -- APfE RIDGE, B.C. eference: BCP6488 1:500 Lot dimensions and �pF dinq to This location certificate has been prepared in accordance with the Manual of Standard Practice and is certified correct this 19th day of March, 2009. © (��v S.P. Wade, B.C.L.S. The signatory accepts no responsibility or liabiility for any damages that may be suffered by a third party as a result of any decisions made, or actions taken based on this document THIS DOCUMENT IS NOT VALID UNLESS ORIGINALLY SIGNED AND SEALED Mission WADE & ASSOCIATES Phone.604—B26-9561 BRITISH COLUMBIA Fax•. 604-626-9566 This document was prepared'%r municipal purposes and is for the exclusive use of our client. The signatory accepts no responsibility or liability for any damages that may be suffered by a third party as a result of any decisions made or actions taken based on this document. This document shows the relative location of the surveyed structures and features with respect to the boundaries of the parcel described above. This document shall not be used to define property lines or property comers. AD rights reserved. No person may copy, reproduce, transmit or after this document in whole or in part without the consent of the signatory. LAND SURVEYING LTD. I Maple Ridge LAND SURVEYORS 'Far 604-46J-47� Fax: 604-463-9115 RIDGEMAPLE Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer DATE: August 20, 2010 FILE NO: ATTN: COW Maple Ridge Taxi Regulation Bylaw No. 6409-2006 Amendment EXECUTIVE SUMMARY: The District of Maple Ridge Taxi Bylaw No. 6409-2006 requires updating to further clarify the permit application process. Taxi bylaws from neighbouring municipalities have been reviewed. Drawing from those bylaws this report recommends that Taxi Regulation Bylaw No. 9409 be amended. RECOMMENDATIONS: That Maple Ridge Taxi Regulation Amending Bylaw No. 6754-2010 be given first, second and third readings. DISCUSSION: Taxi Regulation Bylaw No. 6409 regulates the issuance of Chauffer Permits. A review of neighbouring municipal taxi bylaws concluded that the Maple Ridge bylaw should be updated to: • specify the term duration of the Chauffer's Permit; • provide for altering the term if the Chief of Police deems it to be in the public interest; • outline steps to re -apply following a refusal by Council; or • specify the applicant obligation to provide the correct information when completing the Chauffeur's Permit application. The accompanying bylaw amendment is intended to address these issues and align Maple Ridge's process more closely with other Metro Vancouver Municipalities. The taxi bylaws of the following municipalities were reviewed and extracts of these bylaws are included in Appendix 1 to this report: • Abbotsford • North Vancouver • Burnaby • Surrey • Coquitlam • Vancouver • Mission • West Vancouver Page 1 of 5 1116 PROPOSED AMENDMENTS TO BYLAW: Based on the above review it is proposed that the Maple Ridge Taxi Regulation Bylaw be amended. It is recommended that consistent with other municipalities, a time -line be identified for re- application. Currently the Maple Ridge Taxi Regulation Bylaw does not identify a time -line. The proposed time -line is twelve (12) months. In other words an applicant would be required to wait twelve (12) months to reapply once denied. There may be times when a probationary period is appropriate. It is recommended that the Bylaw be amended to allow the Chief of Police the ability to issue a permit for a shorter time frame than twelve (12) months. This would allow for a period of assessment after which the full term permit would or would not be approved. Although it is understood that permits need to be renewed after twelve (12) months, it is currently not expressly stated in the Maple Ridge Taxi Regulation Bylaw. It is recommended that the Bylaw be amended to expressly state that permits are issued for a twelve (12) month period. Desired Outcome(s): Provide clarity through the bylaw for both Council and our customers. Citizen/Customer Implications: Creating clarity with respect to when the applicant can reapply if denied in the initial stages will benefit the customer with clearly defined parameters and expectations. CONCLUSIONS: The Maple Ridge Taxi Regulation Bylaw required updating in order to clarify the permit application process. The proposed amendment also aligns the Maple Ridge Taxi Regulation Bylaw with those neighbouring municipalities. F9 Prepared by. Diane erenick BvIaywServiGw Su Approved by: In ank Quinn � raI onager: Public Works and Development Services Concurrence: J. (Jim) Rule Chief Administrative Office Attachment DM/jd Page 2 of 5 APPENDIX 1 Abbotsford: "6.(1) The Chief Constable may issue a chauffeur permit to any person if, after reviewing and considering an applicant's driving history, criminal record and such other records, investigations, searches, interviews and assessments as the Chief Constable considers appropriate, he or she is of the opinion that an applicant is fit to act as a chauffeur in the City having regard to the safety, protection and convenience of the public. 6.(2) Without limiting the generality of Section 6(1), every applicant for a chauffeur permit must: (d) within the previous five (5) years, have had no more than: I. Three (3) motor vehicle collisions for which the applicant was determined to be at -fault; II. Five (5) motor vehicle moving violations, including both convictions and current charges before the courts; or III. Two (2) prohibitions against driving; under any applicable Federal or Provincial law; (e) not be currently before the courts or convicted of any offence involving violence, dishonesty or driving conduct that, having regard to the safety, protection and convenience of the public, is relevant to the applicant's fitness to operate a taxi". Burnaby: "3. The criteria for obtaining a Chauffeur's Permit shall be established by the Chief of Police from time to time in the form of the Burnaby RCMP Chauffeur (Taxi) Permit Process which shall be made available to all Applicants. 4. The Chief of Police may issue a Chauffeur's Permit upon satisfaction that the Applicant: a. meets or satisfies the requirements of the Burnaby RCMP Chauffeur (Taxi) Permit process; 6. In the event of a refusal to issue, suspension or cancellation of a Chauffer's Permit by the Chief of Police, the Applicant or permit holder may appeal to the Council within 30 days of such refusal, suspension or cancellation. ...Council may confirm, reverse, or vary the refusal, suspension or cancellation and in doing so may impose terms and conditions. 9. Notwithstanding subsection (8), the Chief of Police may issue a Chauffeur's Permit on a probationary basis for any period less than that provided for in subjection (8) where the Chief of Police considers it to be in the public interest." Coquitlam: "4 (b) The Inspector may grant or refuse any licence, or cancel or suspend any licence that has been issued, for cause, provided however, that the applicant, or the licencee shall be entitled to appeal from the decision of the Inspector, to the Council, which may in its discretion, confirm, reverse, or vary the decision of the Inspector". Page 3 of 5 Mission: "3.4 The Chief of Police shall grant a Taxi Driver's Permit and may suspend or cancel same pursuant to the provisions of the Motor Vehicle Act 1979 c 228, as amended from time to time. 3.5 The Chief of Police may deny the issuance of a Taxi Driver's Permit if: (a) a person has been convicted of an indictable offence in Canada unless he has been pardoned for it or five years has passed from completion of the punishment thereof; (b) a person has been convicted of an offence under the Liquor Control and Licensing Act R.S.B.C. 1979, c 237, unless five years have passed from the date of conviction; (c) a person has been convicted of more than four moving violations under the Motor Vehicle Act R.S.B.C. 1979, c 228, as amended from time to time, within a calendar year." North Vancouver: "5.(3) The chief of police may issue a chauffeur's permit once he or she is satisfied that the. applicant (f) has not, as evidenced by a records check by the chief of police, i. been convicted for an indictable offence during the past 5 years; ii. received during the past 5 years more than 15 penalty points under the provincial motor vehicle and insurance penalty point system; iii. been convicted during the past 5 years for an offence under an enactment relating to the use of alcohol or controlled drug substances; iv. been subject to a determination by a doctor of psychiatry that the applicant is: (a) not capable of distinguishing right from wrong; or (b) insane. 6.(1) The chief of police may suspend or revoke a chauffeur's permit on being satisfied that a person holding a chauffer's permit under this bylaw (a) has contravened a provision of a District bylaw, or (b) no longer complies with the criteria set out in section 5(3)(a) to (d). 6.(2) If an applicant for a chauffeur's permit is refused, or a chauffer's permit is suspended or cancelled by the chief of police, the chief of police must within twenty- four (24) hours after the refusal, suspension, or cancellation notify the applicant or holder in writing of the refusal, suspension or cancellation, stating the grounds therefore. 6.(3) In the event of a refusal to issue, suspension or cancellation of a chauffeur's permit (a) Section 36 of the Motor Vehicle Act applies, and (b) the applicant or permit holder may appeal to the council." Page 4of5 Surrev: Their bylaw did not provide a remedy for refusal; however, it does refer to Section 36 of the Motor Vehicle Act. Vancouver: "6.(4) If the Inspector refuses to issue such license the applicant may appeal to Council who may grant or refuse the application." West Vancouver: 6.4 In the event of a refusal to issue, suspension or cancellation of a Chauffeur's Permit, pursuant to Section 36 of the Motor Vehicle Act, the applicant or permit holder may appeal to the Council." Page 5of5 DISTRICT OF MAPLE RIDGE BYLAW NO. 6754 - 2010 A Bylaw to further amend Maple Ridge Taxi Regulation Bylaw No. 6409-2006 and amendments thereto. WHEREAS it is deemed expedient to further amend Maple Ridge Taxi Regulation Bylaw No. 6409-2006 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 shall be cited for all purposes as "Maple Ridge Taxi Regulation Amending Bylaw No. 6754 - 2010". "Maple Ridge Taxi Regulation Bylaw No. 6409-2006" as amended is further amended as follows: (a) By deleting point 6.3 in it's entirety and replacing it with "6.3 - Every Applicant for a Chauffeur's Permit shall disclose whether the Applicant has ever been denied or refused a Chauffeur's Permit and must not make any false statement or declaration in an application for a Chauffer's permit under this bylaw." (b) By deleting point 6.6 in it's entirety and replacing it with "6.6 In the event of a refusal to issue, suspension or cancellation of a Chauffer's Permit by the Chief of Police, the Applicant or permit holder may appeal to the Council within 30 calendar days of such refusal, suspension or cancellation. The Applicant or permit holder shall be given an opportunity to appear before Council as per Section 36 of the Motor Vehicle Act to show cause why the Applicant or permit holder should be issued a Chauffeur's Permit or why the Chauffeur's Permit should not be suspended or cancelled. Council may confirm; reverse; or vary the refusal, suspension or cancellation and in doing so may impose terms and conditions. (c) By adding point "6.11 Chauffer's Permits shall be issued and valid for a period of 12 months for a new or renewal application" (d) By adding point "6.12 Notwithstanding subsection 6.11, the Chief of Police may issue a Chauffeur's Permit on a probationary basis for any period less than that provided for subsection 6.11 where the Chief of Police considers it to be in the public interest" (e) By adding point "6.13 (a) Every re -applicant for a Chauffeur's Permit shall make application to the Chief of Police who may grant, suspend or refuse to grant a permit. (b) Re -application for a Chauffeur's Permit may not be made within 12 months of refusal, suspension or cancellation of the Chief of Police or upon appeal as confirmed, reversed or varied by Council" READ A FIRST TIME this day of , 2010. READ A SECOND TIME this day of 2010. READ A THIRD TIME this day of 2010. RECONSIDERED AND ADOPTED this day of 2010. MAYOR CORPORATE OFFICER } District of Maple Ridge .• - Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: August 13, 2010 and Members of Council FILE NO: E02-036-007 & E02-010-152 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: 2010 TransLink MRN Minor Capital Program Agreement 1002-1101 EXECUTIVE SUMMARY: As a TransLink member, the District receives funds for capital improvements to the Major Road Network (MRN) under the Minor Capital Program. These funds are based on a cost share basis for applicable components. These contributions are included in the District's Financial Plan. To formalize the transfer of funds, agreements between the District and TransLink are required to be executed. Attached for Council's approval for execution is an agreement for work on 232 Street between 124 Avenue and 128 Avenue. Staff are working on the design of the work and it is anticipated that the construction will be a few months away. The budget for this project included TransLink funding which was approved by Council in 2009. Execution of the agreement will permit the District to receive the funding for this project. The agreement is attached for Council's approval for execution. RECOMMENDATIONS: THAT the Corporate Officer be authorized to sign and execute MRN Minor Capital Program Agreement No. 1002-1101, as attached to the staff report dated July 15, 2010. DISCUSSION: a) Background Context: The Capital Works Program identified a safety enhancement project for 232 Street between 124 Avenue and 128 Avenue. This safety enhancement involves the installation of roadway lighting, curb and gutter, sidewalks and bicycle facilities. The budget for this project included TransLink funding which was approved by Council in 2009. TransLink contribution towards the project is up to $617,500.00. To formalize the transfer of funds for all municipal MRN projects, TransLink has developed an agreement and forwarded it to the District for execution. 1117 b) Intergovernmental Relations/Partnerships: Council has directed that the District develop and maintain strong positive working relationships with TransLink and other governmental agencies. This agreement is consistent with Council's direction and reinforces the relationship with TransLink. c) Citizen/Customer Implications: The proposed roadway improvements will provide improved road safety for all users. d) Interdepartmental Implications: The Engineering, Finance and Operations Department collaborate in the administration of TransLink agreements. e) Financial Implications: The current Financial Plan includes TransLink funding and the agreement will formalize the transfer of the funds. f) Policy Implications: The recommendation is in accordance with the approved Council budget and the District's membership in TransLink. CONCLUSION: TransLink has prepared the funding agreement and execution of the agreement would allow staff to arrange for the transfer of funds from TransLink. Council approval to execute the agreement is recommended. Prepared by: iA drew Wood, PhD., PEng. Municipal Engineer, • Financial - frevolT hompson, CGA Concurrence: Manager of Financial Planning Approved by: F ank Quinn, MBA, PEng � eneral Manager: Public V1�brks and Development Services Concurrence: J.L. (Jim)Rule Chief Administrative Officer AW/mi 2010 MRN Minor Capital Program Agreement No. #1002-1101 2010 MRN Minor Capital Program AGREEMENT Agreement No. #1002-1101 THIS AGREEMENT made the day of , 20—. BETWEEN: AND: South Coast British Columbia Transportation Authority, having an office at 1600 - 4720 Kingsway, Burnaby, BC, V5H 4N2 ("TransLink") OF THE FIRST PART The District of Maple Ridge having an office at 11995 Haney Place, Maple Ridge, BC, V2X 6A9 PART (the "Municipality") The parties hereby agree as follows: 1.0 Definitions OF THE SECOND 1.1 In this Agreement, the following terms will have the following meanings: "Eligible Costs" will mean direct capital costs, properly and reasonably incurred and paid solely and specifically in relation to the Project, as described in the Major Road Network (MRN) Minor Capital Program Description and Guidelines issued by TransLink, as amended from time to time. Such costs would usually be capitalised in the financial records of the Municipality; "Project" will mean the reconstruction of 232 Street: 124 Avenue to 128 Avenue, as described in Schedule "A"; "Work" will mean everything to be provided and performed by the Municipality in relation to the Project. 2.0 SCBCTA Act 2.1 The Municipality acknowledges that TransLink may, by bylaw, establish standards for all or any part of the major road network, including the Project (once added to the MRN, if South Coast British Columbia Transportation Authority Page 1 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 not currently part of the network), in accordance with the South Coast British Columbia Transportation Authority Act (the "Act"). 3.0 Project 3.1 The Municipality represents and warrants that: 3.1.1 it has the capacity and authority to enter into this Agreement; 3.1.2 this Agreement is valid and binding on the Municipality; 3.1.3 it has the skills and experience necessary to carry out the Project; and 3.1.4 it has developed and approved the Project requirements and budget set out in Schedule "A" in a professional, competent and diligent manner. 3.2 The Municipality will undertake and complete the Project, at its expense: 3.2.1 in accordance with the requirements set out in Schedule "A" for the Project; 3.2.2 by December 31, 2013; 3.2.3 in a professional, competent, timely and diligent manner, in accordance with acceptable industry standards; and 3.2.4 in compliance with all applicable laws, statutes, regulations, by-laws, and directions of all governmental and statutory authorities issued under lawful authority. 3.3 The Project will be considered complete when: 3.3.1 the Work is ready for use, or is being used, for its intended purpose; and 3.3.2 the total value of all incomplete, defective and deficient Work does not exceed 3% of the maximum Project budget set out in Schedule "A". 3.4 Any requests from the Municipality for a material change in the Project scope of work or an increase in the maximum Project budget must be submitted in writing to TransLink's Manager, Roads and Bridges. No changes in the scope of work or maximum Project budget will be effective unless and until approved in writing by TransLink, in its sole and absolute discretion. 3.5 The Municipality confirms that: 3.5.1 the Municipality has developed and approved the Project requirements and budget set out in Schedule "A"; 3.5.2 the Municipality will be responsible for completing the Project in accordance with this Agreement; South Coast British Columbia Transportation Authority Page 2 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 3.5.3 the Municipality will be responsible for submitting, to TransLink, Project updates in March and October of each year until the Project is completed; 3.5.4 notwithstanding anything contained in this Agreement, TransLink will not be responsible in any way for: 3.5.4.1 any deficiency or defect in the Project design, specifications, requirements or budget; 3.5.4.2 any deficiency or defect in the Work or completion of the Project; or 3.5.3.3 any costs of completing the Project in excess of the Project budget set out in Schedule "A". 3.5.5 TransLink will have the right to advertise or promote its participation in the Project. TransLink's participation in the Project may be advertised or promoted in any media format including, and without limiting the generality of the foregoing: signs at the Project; print, radio and television advertisements; and, electronic advertising on the World Wide Web. The Municipality retains the right to approve of the location of signs at the Project and the content of advertisements or promotions, such approval not to be unreasonably withheld. 3.5.6 The Municipality will contact TransLink's Roads and Bridges department staff when preparing press releases, preparing for the release of any public information, or organizing public events, to ensure that TransLink has an opportunity to provide input prior to the release of information. The Municipality will, in all its publications, news releases, public communications and presentations regarding the Project, acknowledge TransLink's role in funding the Project. The Municipality will provide TransLink Roads and Bridges staff with milestone information that may be used to promote the Project and the MRN Minor Capital Program. The Municipality will provide TransLink, through Roads and Bridges department staff, with at least 14 days' notice of any proposed public announcement or ceremony related to the Project. 4.0 TransLink Contribution 4.1 For the Project, TransLink will reimburse the Municipality, for actual Eligible Costs incurred in connection with the Project, up to the lesser of (a) $617,500.00 (b) 50% of [actual Eligible Costs less contributions from provincial and federal governments or agencies], within 60 days after completion of the Project (as defined in s. 3.3) and receipt of the following: 4.1.1 a written certificate, executed by the Municipality's City Engineer (or equivalent) that the Project has been completed in accordance with s. 3, and meets or exceeds engineering specifications and standards set out in Schedule "A", if any, and those engineering specifications and standards established by the Municipality for the Project or for similar projects; and South Coast British Columbia Transportation Authority Page 3 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 4.1.2 a Project cost statement, certified by the Municipality's Chief Financial Officer (or equivalent), which must include the total amount of Eligible Costs, the total amount of provincial and federal contributions to the Project (if any), and the following statement: "I certify that the Eligible Costs as stated have been incurred by the Municipality, are attributable to this Project, are correct, and are net any provincial or_federal tax rebate. " 4.2 The Project budget specified in Schedule "A" will be inclusive of all or a portion of applicable taxes for which the municipalities do not receive a provincial or federal rebate. 4.3 All Eligible Costs submitted to TransLink for reimbursement under s. 4.1 must be substantiated by supporting documentation. Any undocumented costs will not be reimbursed by TransLink. 4.4 The Municipality must submit all documentation and information, described in s. 4.1 and s. 4.3, to TransLink no later than the Project completion date set out in s. 3.2.2. 4.5 If the Project is not completed by the date set out in s. 3.2.2 but construction is greater than 50% complete, TransLink will reimburse the Municipality under the terms described in s. 4.1, s. 4.2, s. 4.3 and s. 4.4 for actual Eligible Costs incurred in connection with the Project to the date set out in s.3.2.2 . Otherwise TransLink will not provide any reimbursement for the project. 5.0 Records and Audit 5.1 The Municipality will maintain accurate and complete records in relation to all Project costs, including, without limitation, supporting documentation of all Eligible Costs and other expenditures related to the Project, from the date of this Agreement until two years after the Municipality receives payment of TransLink's contribution to the Project. 5.2 TransLink will have the right to enter upon the Municipality's premises for the purpose of auditing Project costs at any time during normal business hours. Without limiting the generality of the foregoing, TransLink will have the right to inspect and copy any records relating to Project costs, including any supporting documentation. 6.0 Indemnity and Release 6.1 The Municipality will indemnify and save harmless TransLink, its subsidiaries, and their directors, officers, employees and agents, (collectively the "Indemnified Parties") from and against any and all losses, claims, complaints (including, without limitation, complaints pursuant to human rights legislation), damages, actions, causes of action, fines, penalties, costs and expenses (including, without limitation, actual legal fees and disbursements) the Indemnified Parties may sustain, incur, suffer or be put to any time, either before or after the expiration or termination of this Agreement, arising out of, or in connection with the Project or the Work, including, without limitation: South Coast British Columbia Transportation Authority Page 4 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 6.1.1 any breach of this Agreement or anything done or omitted to be done, whether negligently or otherwise. by the Municipality or any councillor, officer, employee, agent, contractor or subcontractor of the Municipality pursuant to this Agreement; 6.1.2 the design, engineering, construction, operation, maintenance or rehabilitation of the Project or the Work, whether negligent or otherwise; or 6.1.3 any contravention or alleged contravention of applicable laws, statutes, regulations, by-laws, or directions of governmental or statutory authorities issued under lawful authority, including, without limitation, those related to the environment, environmental protection and contaminated sites, 6.1.4 the use and occupation of the Project lands, whether negligent or otherwise; or 6.1.5 any review, inspection, audit, approval, acceptance or payment by TransLink in relation to the design, engineering, construction, operation, maintenance or rehabilitation of the Project or the Work; whether or not such losses, claims complaints, damages, actions, causes of action, fines, penalties, costs or expenses relate to the acts or omissions, whether negligent or otherwise, of the Indemnified Parties. 6.2 In addition to the foregoing, and notwithstanding any other term or provision herein contained, the Municipality, for and on behalf of itself, its councillors, officers, employees, agents, contractors and subcontractors, hereby unconditionally, absolutely and irrevocably releases and forever discharges the Indemnified Parties from any and all losses, liabilities or damages, at law or in equity and whether direct, indirect or consequential, which relate to, arise out of, or are in any way connected with the design, engineering, construction, operation, maintenance or rehabilitation of the Project or the Work, whether caused by, or arising through the negligence of the Indemnified Parties. 6.3 The Municipality acknowledges that the indemnity under s. 6.1 and the release under s. 6.2 will not be affected in any way by the provisions of s. 2. South Coast British Columbia Transportation Authority Page 5 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 7.0 Insurance 7.1 The Municipality will, at its own expense, provide and maintain insurance with insurers licensed in British Columbia with coverage of a type, and in amounts, that any similar business, acting reasonable, would procure for a project of the scope, size and exposure of this Project. during the term of this Agreement and for any subsequent ongoing operation, maintenance and rehabilitation of the resulting infrastructure. 7.2 The Municipality shall require and ensure that each contractor and sub -contractor involved in the Project maintains insurance comparable to those required in s. 7.1. 8.0 Operation, Maintenance and Rehabilitation 8.1 The parties confirm that, once the Project is completed, the Municipality will, at its cost, operate, maintain and rehabilitate the Work, for the duration of its design life, in good condition and in good working order as part of its public works maintenance program. 8.2 The Municipality will ensure that the Work is operated, maintained, and rehabilitated in compliance with all applicable laws, statutes, regulations, by-laws, and directions of all governmental and statutory authorities issues under lawful authority, including, without limitation, any standards established by TransLink for the Work under the Act. 9.0 Default and Termination 9.1 If TransLink alleges the Municipality to be in default hereunder and gives written notice thereof stipulating the default, and if such default continues for more than 30 days after the delivery of such written notice, and the Municipality has not cured the default or resolved the allegation, TransLink may elect to terminate this Agreement effective forthwith on the giving of further notice. 10.0 Dispute Resolution 10.1 Any dispute or controversy occurring between the parties hereto relating to the interpretation or implementation of any of the provisions of this Agreement will be resolved by arbitration, conducted by one arbitrator. The parties will agree on the arbitrator or, failing agreement, the arbitrator will be appointed in accordance with the rules of the British Columbia International Commercial Arbitration Centre. Any arbitration will be held in the City of Vancouver and conducted pursuant to the rules of procedure of the British Columbia International Commercial Arbitration Centre and the British Columbia Commercial Arbitration Act. 11.0 General 11.1 All notices, demands, claims or other communications required or permitted hereunder will be in writing and may be delivered prepaid, sent by facsimile or sent by prepaid first class mail. Any notice delivered will be deemed to have been given or received at the time of delivery to the address of the recipient as set out below. Any notice delivered by facsimile will be deemed to be delivered on the next day following the date of South Coast British Columbia Transportation Authority Page 6 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 transmission thereof. Any notice mailed as aforesaid will be deemed to have been given and received on the fourth day following the date of its mailing. Any notice will be addressed as follows: To: TransLink 1600 — 4720 Kingsway Burnaby, BC, V5H 4N2 Attention: Manager, Roads and Bridges Facsimile No.: (604) 453-4600 To: District of Maple Ridge 11995 Haney Place Maple Ridge, BC, V2X 6A9 Attention: Andrew Wood, P.Eng. Municipal Engineer Facsimile No.: 604-467-7425 11.2 This Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada. The parties consent to the exclusive jurisdiction of the courts of the Province of British Columbia. 11.3 If any terms, covenant, or condition contained in this Agreement or the application thereof to any person or circumstance will to any extent be invalid or unenforceable, the remainder of this Agreement or the application of that term, covenant, or condition to persons or circumstances, other than those concerning which it is held invalid or unenforceable, will not be affected thereby and each term, covenant, and condition of this Agreement will be separately valid and enforceable to the fullest extent permitted by law. 11.4 Time will be of the essence under this Agreement. 11.5 The provisions contained in this Agreement constitute the entire agreement between the parties and supersede all previous communications, representations, expectations, understandings and agreements, whether written or unwritten, between the parties with respect to the subject matter of this Agreement. 11.6 This Agreement may be executed in counterpart and such counterparts together will constitute a single instrument. Any party may deliver an executed copy of this Agreement by facsimile or electronic transmission (including transmission by uploading to a website (designated in writing by TransLink from time to time) and email notification (to an email address designated in writing by the receiving party) that uploading has occurred), which will for all purposes be deemed to be as effective as an originally executed and delivered copy hereof. South Coast British Columbia Transportation Authority Page 7 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. SOUTH COAST BRITISH COLUMBIA TRANSPORTATION AUTHORITY (Authorized Signatory) Name, Title (Please print) DISTRICT OF MAPLE RIDGE (Authorized Signatory) Name, Title (Please print) (Authorized Signatory) Name, Title (Please print) South Coast British Columbia Transportation Authority Page 8 of 9 2010 MRN Minor Capital Program Agreement No. #1002-1101 Schedule "A" Municipal Project Application South Coast British Columbia Transportation Authority Page 9 of 9 t TRANS LINK Municipality: District of Maple Ridge 2010 Major Road Network Minor Capital Program Project Application Form REV. No: Date: January 7, 2010 Project Location: 232 Street (124 Avenue to 128 Avenue) Project Number: LTC 2216 File E02-010-152 A. Purpose of Form To gather information from municipalities on the types, costs and timing of various road projects they wish to submit for consideration by MRTAC and the South Coast British Columbia Transportation Authority (TransLink) for the 2010 Major Road Network (MRN) Minor Capital Program. Instructions to fill out this form are provided below. If you require further clarification about this form, please contact Hansel Wang, Program Manager, Road & Infrastructure Planning by phone at 604-453-4570 or email at hansel. wang@translink. ca Note: Deadline for submission is November 30, 2009. Returned forms with incomplete information will not be processed B. Project Eligibility For details on the Program, please refer to TransLink's MRN Minor Capital Program Description and Guidelines, which can be accessed through a secured TransLink website. Contact Susan Hollingshead, Manager, Roads & Bridges for instructions If you wish to access this website. Due to more stringent financial accounting rules, studies or preliminary design work are not eligible for MRN Minor Capital Program funding, as examples. An eligible project is any work on the MRN (i.e., within the right-of-way limits of MRN segment and with a dear majority of the proposed project on the MRN, which would consequently receive direct benefit of proposed work) that provides additional capacity, additional safety features, and/or additional roadway infrastructure to provide for the improved functioning of the network element. Examples of such work include, but are not limited to: additional lanes, turning bays, geometric improvements, full traffic signal, etc. Rehabilitation or replacement of existing infrastructure alone, such as pavement rehabilitation, is not an eligible project under this program, although it could be a component of the project, but funded through the CMR (Operations, Maintenance & Rehabilitation) Program. The only exception to this applies to the rehabilitation (but not replacement) or seismic retrofitting costs of MRN structures, which are now eligible items for cost sharing under the MRN Minor Capital Program. In addition, if an MRN Minor Capital Program project includes a bike lane on the MRN, the municipality can utilise eligible Cycling Program funding towards the cycling component of the project, provided that total Transtink funding for the overall road project does not exceed 50% of the net eligible project cost. it is important to note that submissions should be made for complete project packages. Project submissions for individual project components (e.g., street lighting only, sidewalk only, right-of-way acquisition only) will not be accepted unless they are phases of an overall multi -year project. Projects that include signalization must meet the traffic signal warrants of the TAC standards (Canadian Traffic Signal Warrant Procedure, 2003). Applications for pedestrian activated signals or special crosswalks will be evaluated on a project specific basis. Due to timing logistics and to avoid any confusion with various municipally -related capital expenditure program areas, applications for the MRN Minor Capital Program, TRRIP and the Bicycle Program will be separate. However, it is important and necessary to ensure co-ordination of these programs and to minimize any potential overlap in the program areas. Overall co-ordination will be led by TransLink's Road & Infrastructure Planning Department, with information on these other program areas brought back to the MRN Working Group for information and comment as it becomes available. 2010 Minor Road Network Minor Capital Program Submission Deadline — November 30, 2009 Page 1 of 6 C. Project Form PART I — PROJECT DESCRIPTION, LOCATION AND TIMING Location: A drawing, map, or ortho photos MUST be included in the application showing the location and project limits. (If work is corridor -based, provide name of corridor and the beginning and end points. If work is intersection -based, provide location of main and cross streets, etc.). 232 Street corridor from 124 Avenue to 128 Avenue Type: ❑ 1. New Road Construction ✓ 2. Existing Road (corridor) Improvement ❑ 3. Intersection Improvement (e.g., turn bays, signal upgrade) ❑ 5. Signal Progression ❑ 6. Pedestrian -Related Facility (e.g., crosswalk, ped. signal) ❑ 7. Structure ❑ 4. New Vehicle Signal ❑ 8. Other (please specify) Scope: Describe the key objective(s) of the project. (For example, construction of an eastbound left turn bay at intersection, installation of a traffic signal, road widening from 2 to 4 lanes between Street A and Street B, etc.) Please also specify components of the project that involve rehabilitation of the existing infrastructure and others that are not eligible for cost sharing, if any. Reconstruct a rural road cross-section to an urban standard. The new section will include curb, gutter, boulevard, sidewalk, bike lanes and two travel lanes. The length of the work is approximately 800m from 124 Avenue to 128 Avenue. The project is an extension of previous year works. Anaitionai mmn L-al rrnus v­LFrca.ao (indicate the quantity of lane -km anticipated to be added to the MRN resulting from this project) 0 'liming: (Provide approximate construction start and completion date; if work is -phased, provide timing for each phase. e.g. property acquisition, design, construction, etc.) The project is identified in the 2010 District capital project program 2010 Minor Road Network Minor Capital Program Submission Deadline — November 30, 2009 Page 2 of 6 PART II - PROJECT JUSTIFICATION I Please describe why the project is required and the anticipated benefits (e.g. increased vehicular capacity, traffic safety, improved network connectivity, etc.) of implementing the project. Whenever possible, please quantify the benefits. A. Please indicate the analyses conducted in support for this project: [ ) Traffic Analysis (simulation) ( ) 2003 TAC Signal Warrant Analysis (Pedestrian signal / special crosswalk will be evaluated on a project specific basis) [ ] Collision ! Safety Analysis ( ] Traffic Conflict Analysis [ ) Safety Audit [ ) Value Engineering [ X Others (Please specify: The proposed project is intended to improve safety for all road users) Copies of analyses conducted for this project should be attached to this application. B. Please describe, quantitatively or qualitatively, how this project will affect 1. People -moving capacity The proposed cross-section will clearly identify space for cyclists, pedestrians and equestrians, thereby reducing conflict and improving capacity. 2. Transit service This segment is on a transit route. 3. Goods movement 232 Street is a major network road with access to UBC Research Forest and Golden Ears Provincial Park. 4. Bicycle mobility On -street bike lane will be provided and will provide connection to an elementary school, Maple Ridge Park and Golden Ears Provincial Park. 5. Pedestrian mobility Sidewalk will be provided and will allow for safety improvement for the neighbourhood and access to the elementary school and park. 6. Traffic safety The new cross-section will clearly define road user space, thereby improving overall road safety. 7. Others 2010 Minor Road Network Minor Capital Program Submission Deadline — November 30, 2009 Page 3of6 PART III - PROJECT COST ESTIMATES Eligible Project Costs: Listed below are project components that are eligible for funding. Please note that planning studies, infrastructure rehabilitation or replacement (except for the structural rehabilitation), landscaping and boulevard improvements, street furniture and beautification are not eligible project costs. For further information, please refer to the MRN Minor Capital Program Description and Guidelines. It is important to note that the eligible cost -share components should form a_comp_lete protect package as much as possible. Project submissions for individual components (e.g., street lighting only, sidewalk only, right-of-way acquisition only) will not be accepted. Applications for pedestrian activated signals or special crosswalks will be evaluated on a project speck basis. PROJECT COST COMPONENTS DESCRIPTION/ADDITIONAL INFORMATION ESTIMATE ($) Ac uisttion a 1,100 square metres $ 60,000 -Right-of-Way Construction Works Clearin removal Clearing & grubbing, excavation, preparation $ 105,650 > Utility relocation 5 Hydro poles (c/w Telus) $ 40,000 Road work ➢ Curb and gutter Barrier concrete curb (660m) $ 36,300 ➢ Sidewalk 1250 sq m concrete sidewalk $ 72,000 ➢ Draina work 800 m pipe, 2.4m x 1.5m culvert, 6 mhs, 18 cbs $ 449,610 ➢ Street lighting Street lights (13) $ 69,500 ➢ Traffic control devices Relocate existing traffic control devices $ 20,000 ➢ Retaining walls/structure ➢ Others (specify) Hand Rails (20m) $ 4,600 D Others (specify) Survey & As-builts $ 14,000 ➢ Others (specify) Relocate watermain (154) $ 282,000 Subtotal of Construction Work (b) $ 1,093,660 Design and project management fees (max 12% of construction value [(a)+(b)J) $ 138,400 Contingency $ 163,800 Sub -total eligible project costs $ 1,395,860 Rehabilitation components Other non -eligible costs (please specify) 13,000 sq m asphalt $ 484,830 Total project cost $ 1,880,690 Source of estimates: Class of Estimate: A(t10%a), B(t25%), C(t50%) 'B' 2010 Minor Road Network Minor Capital Program Submission Deadline — November 30, 2009 Page 4 of 6 Part IV 2010 COST SHARING APPLICATION SUMMARY Please identify all sources of project funding and the amounts expected or confirmed in the Table below. Project costs eligible for TransLink cost sharing will be NET of senior government and ICBC funding contributed to the project, and up to 50% of the net costs are eligible. Please state ALL sources of funding below: If this is a multi -year project (up to a maximum of 3 years), please indicate 2010 project year as: Year 1 [ ] Year 2 [ ] Year 3 [ ] Please summarize annual cost sharing breakdown for the entire project as follows: 1. Provincial or federal contributions ICBC grants Other TransLink Funding MRN Minor Capital Program Funding Municipal Share Project Budget MRN MInor Capital Program Funding Approval Yes/Pending Yes/Pending Yes/Pending Status` If "Pending" (except for current and future year), please provide an explanation: 2010 Minor Road Network Minor Capital Program Submission Deadline — November 30, 2009 Page 6 of 6 E tk�. , on behalf of i-�i-t, ctt 4Y\c )kdeclare the information I — � Municipal Manage,' or Designate official rmink pal designation i stated on this application to be complete and accurate. /"�' W Signat7vof Municipal Manager or Designate Date Project Application Contact Information: Name: Andrew Wood. PhD., PEng. Position: Municipal Engineer Phone: 604-467-7339 1 i Email: awood@mapieridge.ca I 2010 Minor (toad Network Minor Capital Program Submission Deadline — November 30, 2009 Page 6 of 6 ■ x I i, +RVE c PARK SCtiC K3L xi. J;vF 1 - t " j District C7l ilapiF RId Deep Roots Greater Heights TO: FROM: SUBJECT District of Maple Ridge His Worship Mayor Ernie Daykin DATE: August 4, 2010 and Members of Council FILE NO: E01-035-001 Chief Administrative Officer ATTN: C of W Terry Fox Run EXECUTIVE SUMMARY: The committee for the Terry Fox Foundation is requesting permission to use municipal streets for the Maple Ridge/Pitt Meadows Terry Fox Run on Sunday, September 19, 2010. A map showing the run routes is attached. Authorization from Council is requested to allow the event to occur in Maple Ridge. RECOMMENDATION: THAT use of municipal streets be authorized for the Maple Ridge/Pitt Meadows Terry Fox Run on Sunday, September 19, 2010, provided the conditions outlined in Schedule 'A' attached to the staff report dated August 4, 2010 are met. DISCUSSION: a) Background Context: From time to time, the Municipality is requested to allow the use of municipal streets for organized events. Unless there are some unusual safety implications, approval is usually given on condition that the Municipality be indemnified against any liability for injury or damage resulting from the event. The conditions of approval of the event are attached as Schedule 'A.' The Terry Fox Run will start and finish at Hammond Stadium and will consist of three venues: a 1 km, 5 km and a 10 km run. The run starts at 10:00 am and will finish by 12:30 pm. A map showing the routes is attached to Form 'A' along with the letter of request: Participants will be utilizing the road shoulders or sidewalks; and as such there will be no road closures. b) Strategic Alignment: Permitting of Maple Ridge street events promotes community development and often highlights Maple Ridge's natural and built features. 1118 c) Citizen/Customer Implications: Permission to use municipal streets may cause some delays and inconveniences to other road users. However, traffic control will be provided by the event organizers. d) Interdepartmental Implications: The road use permit establishes that the event organizer must obtain approval of the RCMP and Fire Department for traffic control and must notify BC Ambulance Services as well as coordinate with Coast Mountain Bus Company. e) Business Plan/Financial Implications: The Business Plan recognizes that the District processes requests for use of municipal streets as part of its services. The financial impact of the specific road use is limited to staff processing effort. f) Policy Implications: Permission to use municipal streets is grantable under the District's policy practices. g) Alternatives: The District could refuse to permit the run to occur. In this event, the organizer would have to cancel the event. CONCLUSIONS: From time to time, the District is requested to allow the use of municipal streets for various events and activities. The Terry Fox Run was held in Maple Ridge last year without incident. Submitted by: �dreiv Wood, PhD., PEng. Muni ' al En ' eer 7 Approved by: Frank Quinn, MBA, PEng. GM: Public grks & ❑ elent Services tc- Concurrence: J.L., (Jim) Rule Chief Administrative Officer AW/ml Schedule 'A' To Council Memorandum Dated August 4. 2010 Terry Fox Run Conditions of Approval Approval for the event is given on condition that the organizers: I. provide all necessary traffic controls, parking and emergency access acceptable to the RCMP, Fire Department and the Corporation of the District of Maple Ridge (the District); 2. notify local Ambulance Services of the event; 3. make arrangements with Coast Mountain Bus Company for any required rerouting of buses; 4. obtain any required permits from the District of Maple Ridge Parks and Leisure Services Department for park facility use; 5. make arrangements for all surrounding businesses and residents for access purposes during the event; 6. advertise the event in a local newspaper and notify all surrounding businesses and residents of the event (a minimum of one week prior to the event date); 7. must maintain access for emergency services to the effected areas at all times. 8. hold and save harmless the District from and against all claims, and damages arising out of or in any way connected with the event; 9. obtain and maintain during the term of this event a comprehensive general liability insurance policy providing coverage of not less than $5,000,000.00, naming the Corporation of the District of Maple Ridge as an additional named insured and MUST have the following statement written in the policy: "Naming the District as an additional insured and providing that the said policy shall not be cancelled, lapsed or materially altered without 30 days notice in writing to the District." Policies without this statement or an altered statement will NOT be accepted. The policy shall also include a Cross Liability Clause. A copy of such policy shall be delivered to the Corporate Officer prior to the event; and 10. refurbish all municipal infrastructure to an equal or better condition than that which existed prior to the event, all within 24 hours of the completed event, to the satisfaction of the District. The Corporation of the District of Maple Ridge reserves the right to withdraw permission to use municipal streets for this and future events should the organizers fail to comply with the above requirements. Chief Administrative Officer Engineering Dept. July 30th. 2010 District of Maple Ridge 11955 Haney Place Maple Ridge. B C V2X 6A9 The Maple Ridge -Pitt Meadows Terry Fox Run will be held on Sunday, September 19'h. 2010. The Run starts at 10.00. a.m. and the route starts and finishes at Hammond Community Centre as in previous years. Attached is the RCMP approval of the route, the Maple Ridge Fire Department approval of the route, a map of the route and the Certificate of Insurance. We look forward to receiving approval from Council. Sincerely, Betty Levens #122 22611 116". Ave., Maple Ridge, B C V2X OW7 Email — bettlevens ahoo.com Phone — 604 467 93 87 WORKING TOGETHER 4 TO OUTRUN CANCER HECE F'� xI �T' EA�.�R JUL 2 1, 2010 FORM `A' Details of the Event MAPLE FUDGE BYLAW & LICENCING DEPT: Date: V (,' ► Y A ,9,0/ o C Contact Person: 13� � y zi 1% ��f Phone"4 t b - 73$ Fax Deta i Is: IAQ, '1'g-Pj\V Fox 2u n w 11J 6 z 6->-? &k n da w IQ-121 ;�0 0. Sketch of Traffic Control Plan: Fire Department The following agencies have been advised and acknowledge the event: Coast Mountain Bus Company Ambulance Services Other Sgt. R. PIERSCHKE NCO VC Traffic R"-M"dmDet. FORM 'A' Details of the Event Date: V O L 1% G Contact Person: ! � Y� � �= r� Phone J Fax Details: -f/ZQ- / 1` 6o.ct» Sketch of Traffic Control Plan: S .,ems Gth4Q C k d 1`)) 0. P RCMP concurrence for the prop Traffic Control Plan /� i- Fire Department - ; ID ro ✓l : t; A -T � rr The following agencies have been advised and acknowledge the event: Coast Mountain Bus Company Ambulance Services Other OLT 1 PiCt �r + 3'[trsori.'i4•e Walnut Crescerit Si,:yn't't h1if ai ram• ok ry ! rd Ave fQ + Ttrar A -' ml, 7 0 51klk% r ^" 1�iu d .. `�� 116 Ave r"F ►.� ��� ive; mar. i1 A lop 37adiu.. y�� ��•' st ST fir'• � �� j �:� C-c4-'-7,%- loVe-s"LNeld Awe 114 Ave it }♦' 4 • r 4, X • •• M/� �� G�"�Y•rrr• ,r _ ,, l km ��..•_.�••. 5 /10 km PURVES REDMOND CLIENT FOCUSED RISK SOLUTIONS CERTIFICATE OF INSURANCE (A) THIS CERTIFICATE CONSTIIUTESA STATEMENT OF THE FACTS AS OF THE DATE OF ISSUANCE AND ARE SO REPRESENTED AND WARRANTED ONLY TO THE CERTIFICATE HOLDER, OTHER PERSONS RELYING ON THIS MEMORANDUM DO SO AT THEIR OWN RISK. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER77RCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. INSURED The Terry Fox Foundation 46167 Yale Road, Suite 3W Chllliwack, B.C. V2P 2P2 Re: Evidence of Insurance The Terry Fox Run CERTIFICATE HOLDER - Name and Address District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6A Insurance as described herein has been arranged on behalf of the insured named herein under the following policy(ies) and as more fully described by the terms, conditions, exclusions and provisions contained in the said policy(ies) and any endorsements attached thereto. COVERAGE INSURER POLICY NO. EXPIRY DATE COMBINED BODILY INJURY & PROPERTY DAMAGE Commercial General Liability Intact Insurance 501095221 October 31, 2010 $5,000,000 each occurrence Including: Cross Liability Umbrella Liability Intact Insurance 501113605 October 31, 2010 $10,000,000 excess of $5,000,000 underlying Additional Insured and Cross Liability: It is hereby understood and agreed that the following are added as additional insureds but only with respect to the above and arising out of the Named Insured's Operations. The policy limits are not increased by the addition of such Additional Insured and remain as stated in this Certificate. Further, the policy shall apply to each Insured in the same manner and to the same extent as if a separate policy had been issued to each. District of Maple Ridge Cancellation: Should any of the above described policies be changed, cancelled or amended restricting coverage before the expiration date thereof, the issuing company will mall 30 (THIRTY) days written notice to the above named certificate holder. Broker: Purves Redmond Limited 155 University Avenue, Ste, I6W Toronto, Ontario M5H 3137 Authorized Representative: PURVES RED !; Ill D PER Date: July 291h, 2010 Rental Contract / Permit 5M with equipment 12027 Harris Rd Pitt Meadows, B.C. V3Y 265 Phone: (604) 465-2499 Fa)c (604) 465-2493 Nis PARKS & LEISURE SERVICES Contract #: 304975 Date: 25 Jun 2010 Status: Firm G.S.T. #R106984271 , hereby grants Terry Fox Run (hereinafter called the "Licensee's represented by Betty Levens, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. i) Purpose of use Terry Fox Run ii) Conditions of Use PLEASE RETURN SIGNED CONTRACT TO FESTIVAL OFFICE AT MR LEISURE CENTRE (11925 Haney Place, Maple Ridge, BC V2X 6G2). PLEASE ENSURE COPY OF LIABILITY INSURANCE ($5 M, naming as additional insured: District of Maple Ridge, City of Pitt Meadows, School District 42 and Maple Ridge and Pitt Meadows Parks & Leisure Services Commission) and either drop off at MR Leisure Centre or fax to 604-467-7373 or email to dslevin@mapleridge.ca two weeks prior to event. IF YOU HAVE ANY QUESTIONS, PLEASE CALL 604-467-7325 (1). iil) Date and Times of Use # of Bookings: 2 Starting: September 19, 2010 8:00 am Expected: 0 Ending: September 19, 2010 3:30 pm Facility/Equipment Quantity Day start End Rate Fee Extra Fee Tax Total Hammond Community Centre - 1.00 Sun 19 Sep 2010 19 Sep 2010 $0.00 $0.00 $0.00 $0.00 $0.00 Whole 08:00 AM 02:30 PM Pat - Hammond Stadium - #2 1.00 Sun 19 Sep 2010 19 Sep 2010 $0.Q0 $0.00 $0.00 $0.00 $0.00 Soccer/Baseball West Old 08:00 AM 03:30 PM iv) Additional Fees v) Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Balance of rental due and payable immediately vii) Additional Notes The undersigned has rend and on behalf of the Licensee agrees to be bound by this Pennittucense and the Terns and Conditions contained herein and attached hereto, and hereby warrants and represents that he/she executes this Permit/License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with hislher signature. _ Please sign, date and return one Copy Betty Levens Terry Fox Run 22611 116 Avenue # 122 Maple Ridge, BC V2X OWI Dame: Darlene Slevin Maple Ridge & Pitt Meadows Parks & Leisure Services Page 1 of 2 District of Maple Ridge MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer SUBJECT: Disbursements for the month ended July 31, 2010 EXECUTIVE SUMMARY: August 6, 2010 Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor and a Finance Manager. Council authorizes the vouchers for the following period through Council resolution. The disbursement summary for the past period is attached for information. Expenditure details are available by request through the Finance Department. RECOMMENDATION: That the "disbursements as listed below for the month ended July 31, 2010 now be approved". GENERAL $ 30,565,143 PAYROLL $ 2,380,260 PURCHASE CARD $ 83,065 $33,028,468 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: Hi hIi hts of laer items included in Financial Plan or Council Resolution • Emergency Communications - Dispatch levy - 3,d quarter $ 240,225 • G.V. Water District - water consumption Mar 31 - May 4/10 $ 423,136 • Imperial Paving - Downtown road & utility rehabilitation $ 866,551 • Mierau - Fire Hall No. 1 expansion $ 368,758 • Norquist Watkins - land acquisition from Coniagas Ranches $ 1,036,282 • Receiver General - three payroll remittances $ 944,417 • West Coast Motors Ltd. - five Ford Escape Hybrid trucks $ 187,320 • The municipality acts as the collection agency for other levels of government or agencies. The following collections were remitted in July. 1. Albion Dyking District $ 127,533 2. BC Assessment Authority $ 895,210 3. City of Pitt Meadows $ 92,700 4. Greater Vancouver Sewerage & Drainage $ 293,767 5. Provincial School Tax $ 15,105,406 6. Road 13 Dyking District $ 99,169 7. South Coast BC Transportation $ 5,673,020 8. Tretheway Edge Dyking District $ 35,265 d) Policy Implications: Approval of the disbursements by Council is in keeping with corporate governance practice. CONCLUSIONS: The disbursements for the month ended July 31, 2010 have been reviewed and are in order. Prepared by: G'Ann Rygg Accounting Clerk II Approved by: var T pson, CGA Manager of Financial Planning Approved by: Paul ill, B A, CGA GM - porate inancial S ices Concurrence: J_L. (Jim) . ule Chief Administrative Officer I gmr ,J CORPORATION OF THE DISTRICT OF MAPLE RIDGE MONTHLY DISBURSEMENTS -JULY 2010 VENDQR NAME DESCRIPTION OF PAYMENT AMOUNT 664190 BC Ltd Security refund 548,551 775983 BC Ltd Roadside mowing 23,924 Aecom Canada Ltd 230 Street Drainage 5,639 MREC Feasibility Study 10,548 River Road Storm Sewer 816 Vernon Trail Bridge aka Bil Farms Bridge 7,362 24,365 Albion Dyking District 2010 collections 127,533 BC Assessment Authority 2010 requisition 895,210 BC Conveying Machinery Ltd Forklift repairs - unit #132 & #178 18,364 BC Hydro Hydro charges July 91,385 BC Institute Of Technology Leadership program 19,466 BC SPCA Community Animal Centre development - 50% share 78,940 Boileau Electric & Pole Ltd Maintenance: Banners 331 Camera installation 2,419 Firehall 640 Flood light installation 430 LED replacement 99 Street light pole replacement 21,959 Street lighting 1,369 Traffic signal repair 789 Underground wire repair 2,190 30,226 Bulldog Bag Ltd Recycling plastic bags 17,181 CUPE Local 622 Dues - pay periods 10/13 & 10/14 23,598 Carrier Mausoleums Construction Cemetery niche columbaria 35,498 Chevron Canada Ltd Fuel July & August 75,496 City Of Pitt Meadows 2010 collections 92,700 2009 dyking/drainage costs 39,582 Telephone charges Jan-May/10 1,747 134,029 Cockrill, Gregory Security refund 73,225 Columbia Bitulithic Ltd Duraphalt 54,631 CSDC Systems Inc Amanda web enablement 64,316 Directional Mining & Drilling Academy Park sanitary sewer system 91,759 Downtown Maple Ridge Business 2010 levy 80,300 240,225 Emergency Communications Dispatch levy - 3rd quarter 33,849 Fitness Edge Fitness classes & programs June & July Gibson Waterworks Supply Inc Waterworks supplies 20,436 Gr Vanc Sewerage & Drainage DCC collection Jan-Jun'10 293, 767 Waste disposal 80 801 294568 Greater Vanc Water District Water consumption Mar 31- May 4/10 36 23,136 423, Happy Heart Fitness & Educ Weight room supervision & childcare activity room 28,716 IE Creative Tendance Sculpture 19,600 Imperial Paving Downtown road & utility rehabilitation 866,551 Roadworks 30,398 896,949 Insignia Homes Silver Valley Security refund 24,000 16,085 Jacks Automotive & Welding Fire Dept equipment repairs 214,539 Manulife Financial Employee benefits premiums Maple Ridge & PM Arts Council Art Centre grant July 44,320 Program revenue June 9,997 Theatre rental & catering 1,887 Public Art funding 3,893 Public Art Management Agreement 14,000 74,097 Maple Ridge Historical Society Quarterly fee for service payment 31,085 Medical Services Plan Employee medical & health premiums 27,000 Metro Motors Ltd Ford F250 Super Cab 4X4 Mierau Fire Hall No. 1 expansion Millenium Century Investments Security refund Minister Of Provincial Revenue School tax remittance Municipal Pension Plan BC Employee benefits premiums Myra Systems Corp. GIS spatial data engine Server replacement module Norquist Watkins "In Trust" Land acquisition from Coniagas Ranches Pattison Sign Group Firehall sign Pitt Meadows Heritage & Museum Semi-annual fee for service Raincity Janitorial Sery Ltd Janitorial services July'10: Firehalls Library Municipal Hall Operations Randy Herman Building RCMP Receiver General For Canada Employer/Employee remit PP10/13, 10/14 & 10/15 RG Arenas (Maple Ridge) Ltd Ice rental June Curling rink operating expenses May RGH Pacific Emergency Services Pre-emption system Ridge Meadows Seniors Society Quarterly operating grant Jul - Sep Ridgemeadows Recycling Society Monthly contract for recycling July Weekly recycling Litter pick-up contract Road 13 Dyking District 2010 collections Royal Bank Tax refund Scottish Line Painting Ltd Road painting Seal Tec Industries Ltd Road crack sealing Signature Office Interiors Firehall computer training centre equipment South Coast BC Transportation 2010 requisition Stak Fitness Leisure Centre fitness equipment Surrey Fire Service Dispatch operating charges - Fire Dept. Dispatch operating charges - Public works Terasen Gas Natural gas Tretheway Edge Dyking District 2010 collections Warrington PCI Management Advance for Tower common costs July West Coast Motors Ltd 5- Ford Escape Hybrid trucks Westview Sales Ltd Meter boxes & storm sewer covers Workers Compensation Board BC Employer/Employee remittance 1st qtr 2010 Young, Anderson - Barristers Professional fees May & June Disbursements In Excess $15,000 Disbursements Under $15,000 Total Payee Disbursements Payroll PP10/13, PP10/14 & PP10/15 Purchase Cards - Payment Total Disbursements July 2010 GMR \\DOVE\CorpServ\Finance\Accounting\Accounts Payable\AP Remittances (Disbursements)\2010\[Monthly Council Report 2010.xlsx]JUL'10 17,758 q_430 6,976 6,616 3,678 2,999 5,113 3,384 52,040 3.42R 86,746 425 1,848 70,504 11,500 31,317 368,758 100,000 15,105,406 288,739 27,188 1,036,282 40,909 36,712 28,766 944,417 55,478 20,569 39,609 89,019 99,169 15,816 50,914 17,940 28,859 5,673,020 23,221 82,004 18,139 35,265 47,346 187,320 27,733 120,177 47,137 29,539,510 1,025,633 30,565,143 2,380,260 83,065 33,028,468 MAPLE RIOGE British cotumbia Deep Roots Greater Heights 1193 FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer DATE: August 23, 2010 FILE NO: ATTN: C.O.W. MAPLE RIDGE PITT MEADOWS ARTS COUNCIL FEE FOR SERVICE AGREEMENT EXECUTIVE SUMMARY: The attached fee for service agreement is an amendment to the 2009 agreement between the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission and the Maple Ridge Pitt Meadows Arts Council (MRPMAC). Staff has met with the MRPMAC Board to review the existing agreements and have made the necessary changes to the attached fee for service agreement. The Maple Ridge and Pitt Meadows Parks Commission reviewed the agreement at their meeting of July 8, 2010 and are recommending approval. RECOMMENDATION: That the Corporate Officer be authorized to execute the amended Maple Ridge Pitt Meadows Arts Council Fee for Service Agreement 2009 to 2011. DISCUSSION: a) Background Context: MRPMAC has provided excellent service to the citizens of Maple Ridge and Pitt Meadows for many years. They have done an excellent job in managing the Maple Ridge Arts Centre Theater as well as providing arts and crafts programs in many locations throughout Maple Ridge and Pitt Meadows. The Maple Ridge Pitt Meadows Arts Council has met or exceeded all the obligations under their current fee for service agreement and facility lease with the Commission and the District of Maple Ridge. The key change to the agreement was to clarify for the Arts Council auditors the intent and purpose of the operating reserve and equipment replacement reserve funds as well as renaming these surplus reserves in the agreement to reflect account cost centre references used by the Arts Council in their financial reporting systems. b) Desired Outcome: One of the objectives is to promote independence and a sense of responsibility for the delivery of leisure services by community groups. The work of the Maple Ridge Pitt Meadows Arts Council is reflective of this goal. c) Strategic Alignments: Providing cultural opportunities for citizens is part of creating safe and livable communities. 1151 Page 1 of 2 d) Citizen/Customer Implications: The Maple Ridge Pitt Meadows Arts Council has provided excellent service to the citizens of Maple Ridge and Pitt Meadows for a number of years and has done an excellent job in managing the Maple Ridge Arts Centre and Theater and the Art Gallery. e) Policy Implications: This agreement is consistent with, and meets all the obligations under the Commission's policies on insurance coverage; partnership agreements, leases and fee for service proposals. CONCLUSIONS: The amendment to the agreement will assist the Maple Ridge Pitt Meadows Arts Council by responding to a request from their auditors for greater clarity around how to manage year-end surpluses. J*a' f, d— Prepared by: ShelleyJorde, Recreation Manager, l Community Connections Approved by: Kelly wi a rai Manager, Commu elopment, Parks & Recreation Concurrence: J.L. (Jinn) Rule Chief Administrative Officer Sh k Page 2of2 ARTS CENTRE AND CULTURAL SERVICES OPERATING AGREEMENT THIS AGREEMENT made as of the 1st day of January, 2009 BETWEEN: THE MAPLE Rlb E AND PITT MEADOWS _ PARKS AND LEISURE SERVICE COMMISSION, a Commission established by the Municipalities of Maple Ridge and Pitt Meadows in accordance with Section 176 of the Local Government Act, R.S.B.C., 1996, chapter 323 and amendments thereto, having its offices at 11995 Haney Place, Maple Ridge, B.C. V2X 6G2 (the "Commission") 1:1►1113 OF THE FIRST PART THE MAPLE RIDGE PITT MEADOWS ARTS COUNCIL a Society duly incorporated under the Societies Act of the Province of British Columbia, having an office at 11944 Haney Place, Maple Ridge, B.C. (the "Society") AND: OF THE SECOND PART THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a District Municipality incorporated in 1874 under the laws of the Province of British Columbia, having it offices at 11925 Haney Place, Maple Ridge, B.C. V2X 6G2 (the "District") WHEREAS: OF THE THIRD PART A. The Commission, the Society and the District desire to provide for the co-ordination and provision of visual and performing arts opportunities for the benefit of the residents of the District and the City of Pitt Meadows and to provide for the operation of an arts centre in the District all as particularized in Part II of this Agreement (the "Services"); B. The Society requires premises from which it can operate and provide the services, and the District is willing to continue to lease to the Society, Maple Ridge Arts Centre and Theatre (the "Arts Centre") for such purposes; C. The Commission is prepared to pay the Society for providing the Services and for operating the Arts Centre; C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2O1O.doc 2 NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein and of other good or valuable consideration provided for herein (the receipt and sufficiency whereof is hereby acknowledged by each of the parties), the parties hereto agree as follows: PARTI LEASE Grant 1. The District as owner of the Arts Centre will grant a Lease to the Society of the Arts Centre for a term of three years commencing the 1st day of January 2009, for a base rent of Eighty Thousand Dollars ($80,000.00) plus HST per annum payable as provided in the Lease, upon and subject to all the covenants, terms and conditions set out in Schedule "A" hereto (the "Lease") and as set out in Part 1 of this Agreement. Cross Default 2. Without limiting any terms of the Lease, if and whenever the Society is in default of any of its covenants and agreements in Part II or Part III of this Agreement whether to the District or the Commission, such default may be treated by the District at its sole and unfettered discretion to be a default by the Society under the Lease, and the District may exercise all its rights and remedies for default pursuant to the Lease including, without limitation, termination and re-entry. License 3. The District grants to the Society a non-exclusive license, appurtenant to the Lease to use subject to the same terms and conditions (including parking fees) and in common with other licensees of the District, parking areas designated by the District for staff, volunteers, and patrons of the Society. Termination 4. In addition to any terms of the Lease, termination of this Agreement whether by notice, effluxion of time or by operation of law shall operate as a termination of the Lease. PART II FEE FOR SERVICES Service Fees 5. The Commission agrees to pay to the Society the following fees (the "Service Fees") for provision of the Services: (a) Fourty-Eight Thousand, Two Hundred and Fourty-Two ($48,242.00) on the first day of each month commencing on January 1, 2009. Fifty Thousand, One Hundred and Seventy -Two Dollars ($50,172.00) on the first day of each month commencing on January 1, 2010. Fifty -Two Thousand, One Hundred and Seventy -Nine Dollars ($52,179.00) commencing on the first day of each month on January 1, 2011. C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc 3 (b) all Service Fees shall be subject to deduction of any amounts paid by the Commission under this Agreement on behalf of the Society, and of any amounts owed by the Society to the Commission. Conditional Entitlement C. The obligation of the Commission to pay Service Fees in any year is subject to the establishment of the Commission's annual budget by the District and the City of Pitt Meadows. The Commission shall budget for the Service Fees; however, it is understood and acknowledged that if the Service Fees budgeted by the Commission are reduced, the Commission and the Society agree to review and proportionally reduce the level of the Services to be provided by the Society under this Agreement. Commission's Covenants The Commission agrees: (a) to assign a staff liaison to the Society who shall attend the meetings of the Board of Directors of the Society and the general meetings of the Society as a non -voting observer for the purpose of facilitating communication between the Commission and the Society; (b) the staff liaison assigned pursuant to S. 7(a) shall be the manager of this Agreement on behalf of the Commission; (c) to provide to the Society advertising space in its "Arts and Recreation Guide" equivalent to the space customarily provided for visual and performing arts activities in past issues of the Brochure and such other space as may become available as determined by the Commission; and to do its utmost to promote and publicise the arts services through the distribution of the said brochure and any other means available. (d) to accept registrations for the activities described in paragraph 8(a) and in accordance with the policies and procedures described in paragraph 8(h) and to remit such registration fees to the Society within one week of the financial statement for each four week period for the previous month's receipts (e) to provide access to the Pitt Meadows Family Recreation Centre and the South Bonson Community Centre at no cost and to Municipal Parks and Leisure Services Facilities other than the Arts Centre in accordance with current booking and scheduling policies and procedures, and to charge the Society for such use in accordance with the current fees and charges policy, noting that the Society shall be classified as a non-profit recreational group warranting the subsidies for facility rental contained in that policy for such groups. 7A. The Commission may, at its sole discretion, establish, from time -to -time for limited periods, or at its pleasure, an Arts Centre Business Advisory Committee and may appoint such members to such Committee as it deems desirable. Any Committee established under this S. 7A will function in accordance with the terms of reference attached to this Agreement as Schedule B, and in accordance with any other conditions and terms of reference determined by the Commission from time -to -time. C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc 4 Services 8. The Society covenants and agrees with the Commission and with the District to provide Services as follows: (a) to manage and operate the Arts Centre Theatre in accordance with this Agreement, the Maple Ridge Art Gallery Agreement and the Lease; (b) to coordinate the arts activities functioning primarily within the Commission's area of jurisdiction, within the limits of available resources by encouraging the involvement of member arts groups in Arts Council meetings, special events and other activities and by providing training opportunities for the volunteers involved in managing these groups. (c) to plan, promote and coordinate arts activities for all age groups in similar variety, quantity, and quality to those provided in communities of similar size in the Province of British Columbia which provide similar resources for such services as are included in this Agreement; Commission recognizes that funding beyond the agreement is required to provide all services; (d) to conduct a needs assessment at least once during the three year term of the Agreement to establish those services related to the arts which are necessary to enhance the quality of life of area residents, and to prepare recommendations and implement action plans based on the outcome of the study to the extent possible given present resources. The needs assessment shall be prepared in a written report for submission to the Commission and shall include but shall not be limited to: (i) an inventory of the arts' related programs and services provided by the groups and agencies which exist in the community including School District #42; (ii) a comparison of the cultural programs and services available to the residents of other B.C. communities of similar size; (iii) the results of focus group meetings with activity participants; (iv) complete evaluation reports on each of the activities for which the Society is directly responsible based upon participant comments, registration and attendance; and (v) random surveys and focus group meetings with the general public as grants to do such research become available. (e) to work with agencies, organizations and businesses involved in the delivery of leisure and educational services to the residents of the community to ensure a commitment to a collaborative approach to quality programming in providing the most competent, cost effective delivery system to the community; (f) to advertise the arts and crafts programs which advertisement must appear in the Commission's Arts and Recreation Guide (meeting all deadlines established by the C:\Users\in grid k\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc Commission for the production of said brochure) in addition to utilizing other appropriate advertising methods; (g) to acknowledge the Commission's, the District of Maple Ridge and the City of Pitt Meadow's support of the Society and its activities in all applicable advertisements and publications used to promote these activities; (h) to permit subsidized access to programs by individuals referred to the Society by the Ministry of Social Services and through the Participation Program providing sufficient paid registrations are in place to enable the program to run; (i) to register participants in activities utilizing the computerized registration system now in place at the Maple Ridge, Leisure Centre Offices and the Pitt Meadows Family Recreation Centre Offices, in accordance with the current Municipal registration policies which may include but are not limited to a delayed registration period for non-residents, the acceptance of post-dated cheques and the acceptance of VISA and Master Card charge cards as a method of payment. The Society further agrees to input the data necessary for the operation of the computerized registration system by the deadline dates established by the Commission's representative; Q) to operate the Arts Centre in accordance with an annual business plan prepared by the Society and approved annually by the Commission. (k) to maintain the Arts Centre and all of the equipment contained therein in a clean and safe condition at all times and in good working order save and except normal wear and tear. The Society shall have exclusive and absolute care, custody and control of the Arts Centre and the equipment contained therein during the terms of this agreement, but the equipment shall remain the property of the District of Maple Ridge with the exception of the Grotrian Steinweg concert grand piano and those chattels listed on Schedule "D" which are acknowledged to be the property of the Society. Equipment and facility operating and preventative maintenance, minor repairs, interior painting, and equipment replacement shall be the responsibility of the Society with the exception of the heating, ventilation and air conditioning systems which shall be the responsibility of the District. Structural facility repairs, roofing and replacement of heating, plumbing, air conditioning, electrical and ventilating systems, with a lifecycle of beyond five years and exterior glass, repainting and replacement of exterior signage and floor replacements shall be funded from the capital reserve established by the District for that purpose; (1) to utilize the Arts Centre for its intended purpose as outlined in the business plan developed for the facility including use of the facility for arts and recreational activities, social gatherings, meetings and small conferences and for no other purpose save and except that which may be approved by the Commission from time to time; (m) to provide equal opportunity for access to and use of the Arts Centre to all local organizations whether or not they hold membership in the Arts Council; (n) to provide trained and suitable supervision for the activities described in this Agreement, such supervision to include but not be limited to the following procedures: C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc (i) recruit and train the staff required to operate the Arts Centre in accordance with the business plan developed for that facility (ii) recruit and train volunteers and paid contractors to conduct activity programs and support operation of the Arts Centre; (iii) require all staff working in the Arts Centre and delivering services in any public location to undergo a criminal record check as a condition of employment; (iv) monitor programs and ensure needs of participants are being met as far as is practicable within the limits of the available resources; and (v) monitor Arts Centre use and ensure the needs of facility users are being met within the limits of available resources as far as is practicable. (0) to publicly advertise any full-time positions the Society intends to fill which are funded through this Agreement and to engage the services of a professional recruiting firm to assist in the recruitment of the Society's executive director should that position become vacant at any time during the term of this Agreement. (p) to advise the assigned Commission staff liaison of any Society Board and General meetings so that the liaison may attend as a non -voting member; (q) to provide training for members of the Board of Directors of the Society to ensure role clarity and an appreciation of the need for policy development, appropriate meeting management, appropriate Board/Staff relations, etc. (r) to participate with the District to negotiate in good faith with School District No. 42 (Maple Ridge -Pitt Meadows) for use of the Arts Centre on an as available basis. Business Plan Financial Statements, Arts Centre Equigrngnt Reserve and Onerating Reserve and Capital Improvement Fee 9. The Society must provide to the Commission (a) a detailed business plan and a budget each year no later than September 1st, for the operation of the Arts Centre, and for the delivery of the Services for consideration by the Commission and the Councils of the District and Pitt Meadows; (b) an audited financial statement each October and an additional report in March of each year which contains an indication of the usage of the Arts Centre along with an indication of the activities offered by the Society and its member groups during the prior year. Such report shall contain the attendance at the Arts Centre, the number of program participants and the results of the needs assessment described in paragraph 8(c). A presentation of said annual report is to be made to the Commission in April of each year or as soon thereafter as such presentation can be reasonably scheduled. C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc (c) Annual surpluses ("AS") may be accumulated for use by the Arts Council as an Operating Reserve ("OR") as follows: Arts Council capital assets or capital improvement funds do not form part of the AS; ii) until the amount in the accumulated surplus reaches $100,000.00, all AS shall be recorded as unrestricted net assets and remain the property of the Arts Council; iii) in any year that the amount in AS is below $100,000.00, the annual surpluses in that year shall be applied firstly to AS sufficient only to restore a minimum balance of $100,000.00. When, and in any year, the amount in AS is $100,000.00 or more, annual surplus up to $30,000.00, must be deposited with the District of Maple Ridge to be held in an interest bearing Arts Centre Equipment Reserve ("ACER"); and iv) where AS exceed $100,000.00, and after $30,000.00 of any annual surplus for that year has been deposited in ACER, the balance of the annual surplus for that year must be divided equally between the Society and the Commission to be used for such purposes as each sees fit. (d) the Society may establish a Capital Improvement Fund (CIF), whereby a per ticket fee is charged to patrons to be used for the sole purpose of capital improvements to the facility. This fund shall be restricted for said purpose in the society's books. (i) monies received or fundraised by the Society for the purposes of program delivery remain the asset of the Society. (ii) monies received, donated or fundraised for the purposes of capital expenditure or improvement shall be deposited in the ACER fund with the District or expensed by towards capital items to be purchased. (iii) capital equipment that becomes part of the infrastructure of the facility fundraised for by the Arts Council becomes the property of the DMR. (iv) equipment purchased through grants applied for by the Arts Council remain the property of the Arts Council and will become part of Schedule D. (e) expenditures from ACER shall only be for Arts Centre equipment and or mutually agreed upon capital improvements, and shall be made by the Arts Council following the DMR Purchasing Policy and reimbursed by the DMR upon provision of receipt. (f) if any equipment previously purchased with ACER funds is sold by the Arts Council, the proceeds will be re -deposited in the ACER fund. Socie v!s Covenants 10. The Society must C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc I+ (a) save harmless and indemnify the Commission, the District and the City of Pitt Meadows their officers, employees, contractors and volunteers from and against any and all claims, suits, liability, demands, actions, proceedings, costs, damages and expenses whatsoever, by whomsoever brought arising in any way from the provision of the Services and the operation of the Arts Centre and from any act, omission, or default, negligent or intentional, of the Society, its officers, directors, members, contractors, volunteers or others of the Society in the provision of the Services, the operation of the Arts Centre, or any activities of the Society arising from or in any way connected to this Agreement; (b) obtain and maintain during the term of this Agreement, at the Society's expense, with such company or companies and on such forms as are acceptable to the Commission, in the name of the Society, Comprehensive General Liability insurance coverage including without limiting the foregoing coverage for premises and operations liability, contingency liability with respect to the operations of contractors and subcontractors, completed operations liability, contractual liability and automobile liability for owner, non -owned and hired units. The limits of liability shall be acceptable to the Commission and shall not be less than $5,000,000 for each occurrence for bodily injury, including death and property damage. Each policy shall provide that is may not be cancelled, lapsed or materially altered without at least 30 days' notice in writing to the Commission by registered mail, and shall name the Commission, the District and the City of Pitt Meadows as additional insured parties and shall contain a cross liability clause so that all insured parties may be insured in the same manner and to the same extent as if individual policies had been issued to each. In the event such insurance lapses or is cancelled or any material alterations are made without the approval of the Commission, the Commission may at its option without notice forthwith terminate this Agreement or the Commission may, at its option and without obligation to do so, obtain and maintain such insurance at the expense of the Society and the Society herby appoints the Commission as the Society's lawful attorney to do all things necessary for that purpose; (c) maintain all risk insurance approved by the Commission upon all chattels and equipment in the Arts Centre and upon all glass and plate glass in the Arts Centre against breakage from any cause, all in the names of the Commission and the Society and all in an amount equal to the full replacement value thereof; (d) deliver a copy of each insurance policy required by this Agreement to the Commission prior to the commencement of this Agreement and deliver evidence of maintenance of the insurance on request by the Commission; (e) maintain its status as a Society in good standing with the Registrar of Companies for the Province of British Columbia and to function in accordance with the Guidelines For Groups with whom the Commission enters into fee for service agreements as described in the Commission's policy on such matters which is attached to and forms Schedule "E" of this Agreement; (f) maintain an open membership which will ensure all citizens of the District and City of Pitt Meadows may become members of the Society; (g) not amend the Constitution or the bylaws of the Society without first informing the Commission of the intended amendment; C:\Users\in grid k\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc 9 (h) restrict exclusive bookings of all or any part of the Arts Centre to no more than two continuous months in duration without written permission of the Commission having been first obtained, it being understood that the Society shall still be bound to perform all its obligations under this Agreement and the Lease; (i) not suffer, permit or allow any unlawful activities or conduct or any nuisance to exist nor suffer, permit or allow any conduct or activity that is in breach of the Human Rights Code; Q) possess, occupy, use and operate the Arts Centre in accordance with all the terms and conditions of the permitted licenses; (k) Obtain and keep current all permits and licenses required by law to be obtained to operate the Arts Centre and to provide the Services. PAU III - GENERAL PROVISIONS 11. The parties agree: (a) this agreement shall come into effect on January, 2009, and shall expire and cease to be binding on the parties on December 31, 2011 provided that either party may terminate this Agreement upon giving 180 days notice in writing to all parties of its intention to do so, at the address or addresses of the parties first above set out or at such address or addresses as the parties may advise each other in writing from time to time; (b) the terms of this Agreement may be reviewed and revised with the mutual consent of all parties; (c) neither the Commission nor the District has made any representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Society other than those contained in this Agreement; (d) nothing contained or implied herein shall prejudice or affect the rights and powers of the Commission or the District in the exercise of its functions under any public and private statues, bylaws, orders and regulations, all of which may be fully and effectively exercised as if this Agreement had not been executed and delivered by the Society; (e) wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require. (f) the parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement; (g) nothing herein contained shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties and no acts of the parties hereunder shall be deemed to constitute the Society as anything other than an independent contractor; C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2=.doc 10 (h) no subsequent alteration, amendment, change, revision or addition to this Agreement shall be binding on the parties unless in writing and signed by the authorized signatories; (i) no provision herein requiring approval or consent of the Commission or the District shall be deemed to have been fulfilled or unless written consent or approval relating to the specific matter has first been obtained. Nor prior consent or approval and no condoning, excusing or overlooking by the District or Commission on previous occasions when such consent or approval was required shall be taken to operate as a waiver of the necessity for such consent or approval wherever required; (j) if upon the expiry of the term of this Operating Agreement on December 31, 2011, the Society continues to occupy and operate the Arts Centre, the Commission may, at its discretion, continue to pay the Service Fees monthly, and upon acceptance of the same by the Society each month, this Operating Agreement shall continue to be binding on the Commission, the District and the Society on a month -to -month term, and during such overholding, the notice period in S. 11(a) shall be 30 days. (k) time shall be of the essence under this Agreement; and (1) this Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend 2010.doc 11 IN WITNESS WHEREOF the parties hereto have hereunto set 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 THE MAPLE RIDGE ) AND PITT MEADOWS PARKS AND LEISURE SERVICES COMMISSION was hereunto ) affixed in the presence of: y" C/S Authoriz d Signatory Z) Aut ri Sin ory The Corporate Seal of THE MAPLE RIDGE ) PITT MEADOWS ARTS COUNCIL was hereunto affixed in the presence of: ) Authorize ignatory ) C/S Aihorized Signatory The Corporate Seal of THE CORPORATION OF ) THE DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: ) Authorized Signatory Authorized Signatory C/S C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc Schedule "A" LEASE C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc 13 Schedule "B" ARTS CENTRE BUSINESS ADVISORY COMMITTEE TERMS OF REFERENCE (a) The Committee will provide advice to the Society on matters referred to it by the Society and the Commission. (b) The Committee will meet with the Society's Board of Directors a minimum of two times per year to review and provide advice on business matters related to the operation of the Arts Centre. Such matters may include but shall not be limited to the following: - resource development and sponsorship - tourism and other economic development opportunities - - business and financial planning - general business practices (c) Committee membership will be established by the Commission in consultation with the Society and the Maple Ridge and Pitt Meadows Chamber of Commerce who shall nominate two members to the Committee. Committee members may not serve for more than six consecutive years. (d) The Committee shall be made up of no fewer than three and no more than five appointees who shall be appointed as soon as possible at the beginning of each year and in any case no later than the end of March. (e) The Committee shall select its own chair at its first meeting each year. (f) The Commission's staff liaison to the Society the Executive Director of the Society and at least two members of the Society's Board of Directors shall attend all Committee meetings to provide information and receive feedback and advice from the Committee. (g) The Society will provide support to the Committee, preparing agenda and minutes in cooperation with the Committee Chair. (h) The Committee will provide a brief written report to the Commission each year as part of Society's annual report identifying the matters considered by the Committee and the advice given. C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc Schedule "C" BUSINESS PLAN 2008 [Note Date Change] C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc Schedule "D" LIST OF EQUIPMENT OWNED BY THE SOCIETY [2005 List - available on request] C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT-Operating_Agreement- Amend_2010.doc HEV Schedule "E" COMMISSION REQUIREMENTS FOR GROUPS WITH WHOM THE COMMISSION ENTERS INTO A FEE FOR SERVICE AGREEMENT 1. That the group maintain its status as a registered Society in good standing with the Provincial Registrar of Companies. 2. That the purposes of the Society listed in its Constitution encompass the service for which the agreement is being entered into. 3. That the Society dissolution clause in its Constitution identify that the assets of the Society shall go to a local organisation with similar purposes or to the appropriate local government authority (the District of Maple Ridge) upon dissolution of the Society. 4. That the Society's Bylaws provide for any resident of Maple Ridge or Pitt Meadows of the appropriate age to become voting members of the organisation at a reasonable annual cost. 5. That the Society's Bylaws provide for regular (annual) elections to the Board of Directors from the Membership (terms should be alternated between positions on the Board where the term of membership on the Board is longer than one year). The by laws should also provide for a maximum number of terms a member may serve on the Board before stepping down for at least one term. 6. That an audited financial statement be presented to the Commission on an annual basis if the fee for service is for an amount over $75,000 annually. If the fee for service is for a smaller amount a statement must be presented which is subject to audit at the discretion and expense of the Commission. 7. That a detailed annual report of the services provided to the community by the Society be provided to the Commission. 8. That the books and records of the Society are available to the Commission or its representatives for inspection at any time upon 24 hours notice having been provided requesting such notice. 9. That any changes to the Constitution or Bylaws of the Society be provided to the Commission in advance of such changes being brought forward to the membership for consideration and adoption. 10. That the Society prepares and presents a five year financial plan for its operations to the Commission on an annual basis. C:\Users' ingridk\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5P7X9NEP\ACT_Operating_Agreement_ Amend_2010.doc