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Home My WebLink About2013-09-09 Committee of the Whole Meeting Agenda and Reports.pdfDistrict of Maple Ridge COMMITTEE OF THE WHOLE AGENDA September 9, 2013 1:00 p.m. Council Chamber Committee of the Whole is the initial venue for review of issues. No voting takes place on bylaws or resolutions. A decision is made to send an item to Council for debate and vote or to send an item back to staff for more information or clarification before proceeding to Council. Note: If required, there will be a 15 -minute break at 3:00 p.m. Chair Acting Mayor 1. DELEGAT/ONS/STAFFPRESENTAT/ONS- (10 minutes each) 1:00 p.m. 1.1 Wildlife Rescue Association for British Columbia • Crystal Simmons, Care Centre Liaison 2. PUBLIC WORKS AND DEVELOPMENT SERV/CES Note: Owners and/or Agents of Development Applications may be permitted to speak to their applications with a time limit of 10 minutes. Note: The following items have been numbered to correspond with the Council Agenda: 1101 2013 -043 -CU, 11122 286 Street, Temporary Commercial Use Permit Staff report dated September 9, 2013 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7005-2013 to designate property as a "Temporary Commercial Use Permit Area" to permit the parking of four (4) commercial trucks for a period of 2 years be given first reading. 1102 RZ/074/10, 11716 Burnett Street, Final One Year Extension Staff report dated September 9, 2013 recommending that RZ/074/10 to permit development under the R-1 (Residential District) zone into 3 single family lots be granted a final one year extension. Committee of the Whole Agenda September 9, 2013 Page 2 of 3 1103 2013 -063 -DP, 20490 Lougheed Highway Staff report dated September 9, 2013 recommending that the Corporate Officer be authorized to sign and seal 2013 -063 -DP to permit a facade improvement and renovation to an existing building. 1104 Great Canadian Entertainment Centre Ltd. - Amended Liquor Primary Licence Application Staff report dated September 9, 2013 recommending that the amended application by the Great Canadian Entertainment Centre Ltd. for the Liquor Licence Primary license including the number of patrons and proposed hours of operation be supported. 1105 Award of Contract (Reference No. ITT-EN13-50, Project No. E02-010-145) Hampton Street Local Area Service - Utility and Road Construction Staff report dated September 9, 2013 recommending that Contract No. E02- 010-145: Hampton Street Local Area Service - Utility and Road Construction be awarded to Mainland Civil Works Inc. 3. FINANCIAL AND CORPORATE SERV/CES (including Fire and Police) 1131 2014 Permissive Tax Exemptions Staff report dated September 9, 2013 recommending that Maple Ridge Tax Exemption Bylaw No. 7016-2013 be given first, second and third readings. 1132 First Nations - Proposed Federal Additions-to-Reserve/Reserve Creation Policy Staff report dated September 9, 2013 recommending that a letter be written to the Union of British Columbia Municipalities expressing concerns with draft Additions-to-Reserve/Reserve Creation Policy as outlined in a report from the Corporation of Delta. 4. COMMUNITY DEVELOPMENT AND RECREATION SERV/CES 1151 5. CORRESPONDENCE 1171 Committee of the Whole Agenda September 9, 2013 Page 3 of 3 6. OTHER ISSUES 1181 7. ADJOURNMENT 8. 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: MAPLE R11)0E 9Mri.liruu�m.r urrn Kaci_ Pcs; . :.gr.:. District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 9, 2013 and Members of Council FILE NO: 2013 -043 -CU FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Temporary Commercial Use Permit First Reading Maple Ridge Official Community Plan Amending Bylaw No. 7005-2013 11122 286 Street EXECUTIVE SUMMARY: An application has been received to amend the Official Community Plan to designate the property located at 11122 286 Street as a "Temporary Commercial Use Permit Area" to permit the parking of four (4) commercial trucks each weighing 20,000 kgs and to apply for a temporary commercial use permit that will allow parking of these trucks for a period of 2 years. There is no construction or building activity proposed on site. 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, and; That Official Community Plan Amending Bylaw No. 7005-2013 be given first reading. DISCUSSION: a) Background Context: Applicant: Owner: Mission Ridge Aggregates (1997) Ltd Ted (F.V.) Frederick V Craiggs and Louise M Craiggs Legal Description: Lot 11, Section 9, Township 15, Plan NWP83265; 1101 OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: 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: Rural Residential and Watercourse Protection Development Permit Area Rural Residential with Temporary Commercial Use Permit valid for two years and Watercourse Protection Development Permit Area A-1 (Small Holding Agricultural) A-1 (Small Holding Agricultural) Residential/Agricultural A-1 (Small Holding Agricultural) Rural Residential 111th Avenue and Residential/Agricultural A-1 (Small Holding Agricultural) Rural Residential Residential/Agricultural A-1 (Small Holding Agricultural) Rural Residential 286th Street and Residential/Agricultural A-1 (Small Holding Agricultural) Rural Residential Single Family Rural Residential and parking of commercial trucks for Mission Aggregates Ltd. Single Family Rural Residential and parking of commercial trucks for Mission Aggregates Ltd. 2.0 Hectares (4.94acres) 286th Street and 111th Avenue Rural Standard (existing) b) Site Characteristics and description: The subject site (Appendix A) is located at the corner of 286th Street and 111th Avenue and is impacted by Vincent Creek. The existing creek dissects the property in two. The existing single family house and other accessory structures are on the north-western portion of the site. The south-eastern portion has been cleared and graveled over the years, by the land -owner to park the commercial trucks. The parking lot is accessed from 111th Avenue. has sent written complaints regarding noise and illegal truck parking at the site and has met with the Mayor to discuss • concerns. Section 402(6)(b)(ii) of the Zoning Bylaw permits up to a maximum of two commercial vehicles at the same time, on a parcel that is 0.8 hectares or more in size. The owner has been using it to park more than two commercial trucks, which is not permitted on this parcel. This application is to formalize an existing non -permitted use. The owner is requesting to park two (2) additional commercial trucks for a total of four (4) trucks. Such parking would make it easier for the local drivers to park closer to their homes. The owner has other properties where other trucks are parked, but because these drivers live in Maple Ridge, it is easier for them to park and operate closer to where they live. c) Planning Analysis: Official Community Plan: The subject site (Appendix A) is designated "Rural Residential" which encourages agricultural uses and low density single detached housing form. The subject site is located outside the Urban Area -2- Boundary and outside the Fraser Sewer Area and cannot support urban uses. The subject site has been used to park commercial trucks for a few years, the exact number is unknown. The OCP designation of "Rural Residential" does not permit the property owner to rezone the lands to a commercial use. They have requested Council consider a "Temporary Commercial Use Permit" for a period of two years. If granted, this permit could be extended for an additional two years. This is an effort to formalize the existing illegal use on site. Section 921 of the Local Government Act provides for areas to be designated in the Official Community Plan sites where temporary commercial or industrial use permits may be allowed. An amendment to the Official Community Plan identifying these areas must be adopted prior to issuance of a permit. The Temporary Commercial Use Permit can override a parcel's underlying OCP designation and zoning. Official Community Plan Amending Bylaw No. 7005-2013 must receive four readings from Council and be presented at a Public Hearing. Notice similar to a Public Hearing is also required for the Temporary Commercial Use Permit application. This request if approved by Council is valid for two years. At the end of two years, the owner may seek an extension from Council for two more years. If the commercial truck parking operations are not shut down when the temporary permit expires, it becomes an enforcement issue for the District. Zoning Bylaw: The current application does not propose to rezone the subject site from A-1 (Small Holding Agricultural) to a commercial zone that permits parking of commercial trucks. The permit is temporary and cannot be extended beyond an additional 2 years, resulting in a maximum of four years in accordance with the Local Government Act. Development Permits: Pursuant to Section 8.9 of the Official Community Plan, a Watercourse Protection Development Permit application is required to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Specific to this site, the WPDP approval addresses the disturbance caused and outlines re -vegetation and restoration works within the environmental setback area, around the existing parking lot. The Watercourse Protection Development Permit (2013 -076 -DP) was approved in August 2013 and outlines removal of the gravel parking pad from the 10 meter setback, replacing it with adequate topsoil, replanting the 10 m setback with native vegetation and installing a boulder barrier at the 10 meter mark. The owner paid a refundable security of $3000 which will be returned when the restoration of the 10 meter setback is complete, after the Temporary Commercial Use Permit expires. d) Interdepartmental Implications: In order to advance the current application, comments and input were sought from the various internal departments, prior to first reading. Engineering Department: A referral was sent to the Engineering Department and they have requested that the access driveway be paved up to the security gate.. -3- Environmental section: The subject site (Appendix A) is impacted by Vincent Creek, which requires a 10.0 metre environmental setback for protection of sensitive area, habitat and existing plant species. Currently the graveled area intrudes within the 10.0 metres environmental area on the east of the existing creek. The owner is committed to remove the gravel parking pad within the setback area and replacing it with adequate topsoil, replant with native vegetation and install a boulder barrier. A refundable security of $3000 has been received by the District which will be returned when the restoration works are complete, after the Temporary Commercial Use Permit expires. Licenses, Permits and Bylaws Department: Complaints from has been received in 2010, 2011 and 2012, about noise and parking of commercial trucks on a rural site. This application has been submitted by the landowner in an effort to formalize the existing use. If the commercial truck parking operations are not shut down when the temporary permit expires, it becomes an enforcement issue for the District. Council has the option of refusing this Temporary Use Permit and seeking the removal of any commercial vehicles over two (2). The Building Department has no concerns as there are no structures proposed. e) Early and Ongoing Consultation: 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. CONCLUSION: This is a temporary OCP amendment seeking to temporarily permit an existing illegal use of parking up to four (4) commercial trucks on the subject site. It is recommended that Maple Ridge Official Community Plan Amending Bylaw No. 7005-2013 be given first reading and forwarded to Public Hearing. "Original signed by Rasika Acharva" Prepared by. Rasika Acharya, B -Arch, M -Tech, UDC, LEED® AP, MCIP, RPP Planner "Original signed by Charles R. Goddard" for Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Official Community Plan Amending Bylaw No. 7005-2013 -4- 'A i/ 1 4 PENDIX A ; t' 1 / ' *NOM OEMS r —1�1�5 .... r 1 �0� � i i �1 112 AVE. ' P 83265 P 83265 11192 P 83265 ! ; 1 12 / / 11183 13 SUBJECT PROPERTY I / 11179 I / I / I 2 11109 I_ 11 22 f / V 14 11121 - — - — - -- 111 AVE. H. T I 3 Nl N 15 11045 P 83265 4 P 83265 .,, 9 16 I I ---_ i Scale: 1:3,000 Clt\.f Pitt --,�i Mea .ows- I 9 1 11122 286 STREET 111111°M P ° lori� 'E s = 5 T CORPORATION OF THE DISTRICT OF WelLi AIWA ' =; l�� ! _; �� MAPLE RIDGE MAPLE RIDGE District of `* 1NJ British Columbia FINANCE DEPARTMENT eF�� Langley r^ g y _= I I' DATE: Sep 5, 2013 FILE: 2013 -043 -CU BY: DT SPA - FRASER R. �\ APPENDIX B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.7005-2013 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 Schedule "B" 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. 7005-2013" 2. That parcel or tract of land and premises known and described as: Lot 11, Section 9, Township 15, Plan NWP83265 and outlined in heavy black line on Map No. 855, a copy of which is attached hereto and forms part of this Bylaw, is hereby designated as "Temporary Commercial Use Permit Area 2013 -043 -CU" to permit parking of not more than four (4) commercial trucks with tare weights of 20,000 kgs each, for a temporary period of time. 3. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the day of , 2013. READ A SECOND TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , 20 . PRESIDING MEMBER CORPORATE OFFICER 1 112 AVE. P 83265 1 11179 11192 P 83265 12 P 83265 11183 13 2 11109 11 11122 14 11121 111 AVE. 286 ST. E m 3 11045 N 10 ro N 15 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No. 7005-2013 Map No. 855 Purpose: To Designate as Temporary Commercial Use 2013-043-CU ig. N SCALE 1:2,500 MAPLE RIDGE British Columbia 4 MPI Oaep Aaars Drwrw• ik,gr'. District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 9, 2013 and Members of Council FILE NO: RZ/074/10 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Final One Year Extension Application 11716 Burnett Street EXECUTIVE SUMMARY: Council granted a one year extension to the above noted application on August 28, 2012. 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 development under the R-1 (Residential District) zone into 3 single family lots. RECOMMENDATION: That a one year extension be granted for rezoning application RZ/O74/1O and that the following conditions be addressed prior to consideration of Final Reading: Road dedication; and ii. A planting plan showing the buffer in the northeast corner of proposed Lot 3. DISCUSSION: a) Background Context: Applicant: Manjit Rai Owner: Nabob Homes Ltd Legal Description: South 1/2 of Lot 5 except part in Plan LMP2415, Section 17, Township 12, NWD Plan 8881 OCP: Existing: Zoning: Existing: Proposed: Urban Residential RS -1 (One Family Urban Residential) R-1 (Residential District) 1102 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 -1 (One Family Urban Residential) Urban Residential Single Family Residential RS -1 (One Family Urban Residential) Urban Residential Single Family Residential RS -1 (One Family Urban Residential) Urban Residential Commercial CS -1 (Service Commercial) Commercial Single Family Residential Single Family Residential 0.149 hectares Burnett Street and 117 Avenue Full Urban This application is to permit future subdivision into 3 single-family lots. The following dates outline Council's consideration of the application and Bylaw 6785-2010: • First Reading was granted January 11, 2011 • The Second Reading Report (see attached) was considered on July 26, 2011 • Second Reading was granted July26, 2011 • Public Hearing was held August 30, 2011 • Third Reading was granted August 30, 2011 • One year extension was granted August 28, 2012 Application Progress: The applicant has completed most of the terms and conditions to be met prior to Final Reading of the Zone Amending Bylaw. The outstanding items are the survey plan for road dedication and accompanying Application to Deposit plan, and the planting plan for the buffer on the northeast corner of proposed Lot 3. The latter is a request by Council following the Public Hearing on August 30, 2011 for the applicant to work with District staff to ensure that the concerns of the existing neighbours are addressed through provision of an appropriate buffer. 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 pursuing the completion of this rezoning application and has applied for a final one year extension. It is anticipated that within the next few months final consideration will be applied for. "Original signed by Siobhan Murphy" Prepared by: Siobhan Murphy, MCIP, RPP Planning Technician "Original signed by Charles R. Goddard" for Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" Approved by: Frank Quinn GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Proposed Site Plan Appendix C - Second Reading Report APPENDIX A JJ pL 1%.,1k, i i vv i Rem 1 i 11808 11809 0) 00 P 8871 11797 • P 59452 12 11798 87 o c 11791 1 2 a a 11790 11791 86 11788 125 11781 LP 76566 co A 11781 P41319 103 104 85 126 N 11780 11779 11778 11771 1 B P 72307 a 11775 P 41319 84 127 106 105 11768 1761 CP N N 1/2 1 11764 11765 N 83 128 M P 11761 P 51052 P 42061 M N N 00 12 S 1/2 1 11749 A 11750 Rem. 108 11747 CLIFF AVE. I 117 9 \ LP 82566 SUBJECT PROPERTY 1 N a 3N 4 N 01 NN N °&° A P 81957 N N P 7� 51�% N o) N 11736 N 63 22945 o T1 y- Ik Rem sea S1/25 11716 a,P 7229 05 22927 3-n CD = Co co D03 22937 2 22951 P N 22961 , ti 99% 117 AVE. tiC5 �� X50' P 12588 Rem1 11690 c 601 N 1 o 227 N CO in ti v N 229 35 N N _ 22936 N CA) Cn 22942 .0T2 2 ,-tiay6 'r• 0) ,, 1 ' o co238 11 ��$ P 121970'1'1667 P 12588 2 11678 (5\ - Lo a 228 11675 11671 11667 -64 8 ^GILLEY 239 11663 AVE. O) ti 10 9 Q P 12197 240 0 0) _ em 11659 N 4 0) N D 6 - n L\,\,. N SCALE 1:1,500 Ci �-.f Pitt � ,_J Meaows ' 11716 BURNETT STREET IL �,1�, ! 0 CORPORATION OF THE DISTRICT OF frplo`n u l a' R �_;5 �d nFir o ,�F�'�W'� ella °�� ',,; ! �,� MAPLE RIDGE MAPLE RIDGE District of - I I British Columbia PLANNING DEPARTMENT �_�� Langley ai DATE: Aug 20, 2012 FILE: RZ/074/10 BY: PC mil —BASER -j R , COV 1: 500 ERCIAL 13.70 17.20 BURNETT STREET 11750 49.73 11747 N C3 16.49 N N N N 6 N 1 N 473m2 13.49 16.49 N N 2 481m2 16.49 16.49 N 3 481m2 16.49 0 0 49.21 oi 117A AVE col APPENDIX B 11739 Q 22905 w W (1) N N RECEIVE® OCT 2 1 2010 MAPLE RIDGE PLANNING DEPARTMENT OPTION 2 R-1 SINGLE FAMILY MAPLE RIDGE a+IIW. Columbia Deep Roots Greater Heights District of Maple Ridge APPENDIX C TO: His Worship Mayor Ernie Daykin MEETING DATE: July 18, 2011 and Members of Council FILE NO: RZ/074/10 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Maple Ridge Zone Amending Bylaw No.6785-2010 11716 Burnett Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS -1 (One Family Urban Residential) to R-1 (Residential District). This application is in compliance with the Official Community Plan. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6785-2010 be given Second Reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to Final Reading: Road dedication as required; ii. 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. DISCUSSION: a) Background Context: Applicant: Manjit Rai Owner: Nabob Homes Ltd Legal Description: South / of Lot 5 except part in Plan LMP2415, Section 17, Township 12, NWD Plan 8881 OCP: Existing: Zoning: Existing: Proposed: Urban Residential RS -1 (One Family Urban Residential) R-1 (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 requirement: b) Project Description: Single Family Residential RS -1 (One Family Urban Residential) Urban Residential Single Family Residential RS -1 (One Family Urban Residential) Urban Residential Single Family Residential RS -1 (One Family Urban Residential) Urban Residential Commercial CS -1 (Service Commercial) Commercial Single Family Residential Single Family Residential 0.149 hectares Burnett Street and 117 Avenue Full Urban The applicant proposes to rezone the subject site to allow for future subdivision into three single family lots. The new properties will be accessed from 117 Avenue. c) Planning Analysis: Official Community Plan: The subject site is located adjacent to the Town Centre Area and is designated Urban Residential. The proposed R-1 (Residential District) zone is consistent with this designation, and the project respects and reinforces the physical pattern and characteristics of the area as outlined in the Residential Infill policies of the OCP. The subject site is substantially larger than the surrounding residential lots in the neighbourhood, and the applicant has proposed lots of similar size in a lot pattern that is compatible with the existing conditions along 117 Avenue. Zoning Bylaw: The current application proposes to rezone the property located at 11716 Burnett Street from RS -1 (One Family Urban Residential) to R-1 (Residential District). The proposed development is in compliance with the minimum lot requirements of the zone. -2- d) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the proposed project and has noted that there are no services required in support of this rezoning application. As a result, no rezoning servicing agreement is required. Furthermore, the Engineering Department is in support of a Development Variance Permit along Burnett Street to allow a road right-of-way that is less than the Collector standard of twenty (20) meters. The proposed variance will be the subject of a future report to Council e) Environmental Implications: A certified arborist report was completed for the subject site. The Environmental Department has identified some trees for retention to maintain a buffer between properties. CONCLUSION: This application is in compliance with the Official Community Plan. Therefore, it is recommended that Zone Amending Bylaw No. 6785 - 2010 be given Second Reading and be forwarded to Public Hearing. Prepared by: Amelia Bowden Planning Technician Approved by: J8ne Pickering, MCP, MCIP Director of Planning Approved,y: Frank Quinn, MBA, - g GM: Public Wor : & D: elopment Services Concurrence: L. L. (Jim) Rule 1'Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw 6785 - 2010 Appendix C - Site Plan -3- P.' OD N 0) N 243 P6 P2 4' 89 5 co N 0 o 0 11695 11681 11669 11661 13 P 72307 LMP 11048 Rem 1 P 8871 11797 I A 11781 5 11775 N 1/2 1 N 11761 co S 1/2 1 11749 w P 51052 A m 11836 55 11824 54 53 11816 11790 1 P 103 11780 106 11764 P 1 80 11825 81 11817 82 11809 19452 2 11791 11319 104 11779 1.1319 105 11765 P 42061 Rem. 108 11826 90 89 11818 88 11810 87 11798 o o_ 86 11788 11778 85 84 11768 83 SUBJECT PROPERTY N 1 / 68 d 0) m 1173& m Rem S1/25 11716 P 12588 Rem.1 11690 P 12588 2 APPENDIX A 11821 122 11811 123 11801 ro 124 ^s 11791 125 11781 126 11771 127 11761 128 m N CLIFF AVE. 11820 135 11810 134 11800 133 11790 132 11780 131 11770 co - 130 s 130 11760 z 129 67 0 228 11675 P 8881 Rem. A 244 141 11668 242 1 680 171 172 Mu7 0) Nrn 245 246 (110 rn N 173 GILLEY AVE. 11646 11632 EP 12951 B 10 P 12197 11655 Rem. 1 2 P 12316 11633 11621 a 0) N 183 39 174 m N 182 40 5677 N.0 m N pz 175 M 0 181 0) a) 0) 0) N SCALE 1:2,000 District of Langley 11716 BURNETT STREET MAPLE RIDGE f]riiisii CW_urnbia CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT DATE: Oct 21, 2010 FILE: RZ/074/10 BY: PC APPENDIX B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6785-2010 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. 6785-2010." 2. That parcel or tract of land and premises known and described as: South Half Lot 5, Except Part in Plan LMP2415, Section 17, Township 12, New Westminster District Plan 8881 and outlined in heavy black line on Map No. 1502 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District). 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 11th day of January, A.D. 2011. READ a second time the day of , A.D. 20 . PUBLIC HEARING held 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 11675 11 en - 0 ca •q- 86 86 11788 125 11781 85 11778 126 11771 84 11768 127 11761 m 83 128 m N CLIFF AVE. 0 1 N P 8881 Rem. A 0) cn 0 N 2 N P 71 3N 517 P 7038 1 M O) N N 0 4 °) N N 3 2 d) N a. 0) N 2 m N N 117 AVE. co N m N N 243 244 P65141 11686 242 RW 48257 245 246 11671 LMP 49850 LP 76566 1 P 72307 A ce 11781 B 11775 V APL AGE ZO\ w z w m 1 11790 2 11791 P 103 11780 1319 104 11779 P 41319 106 105 11764 11765 P 51052 A 11750 P 42061 Rem. 108 11747 cV a_ Rem N 1/2 5 11736 0 11739 68 as u) Rem a. S 1/2 5 71- " " 11716 a_ i2 a 67 to 0 N P 12588 Rem.1 11690 E 60' 1 P 12588 2 0 227 RI a co In ry u7 a. 238 228 E Av1E\3I\G Bylaw No. 6785-2010 Map No. 1502 From: RS— 1 (One Family Urban Residential) TO: R-1 (Residential District) 11680 171 172 173 7 MAPLE RIDGE British Calumhla SCALE 1:1,500 0 N-5 : ,.4• #7,.1-3) 0 N r Th T- - ---- APPENDIX C 18IaS 6ZZ CD CD Z•6 CN N Z6Z N E zz-9Z 00'1 1��I1S 118Nd118 DZ'8l bJ N 411. MAPLE R11)0E 9Mri.liruu�m.r urrn Kaci_ District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 9, 2013 and Members of Council FILE NO: 2013 -063 -DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Development Permit 20490 Lougheed Highway EXECUTIVE SUMMARY: A Development Permit application has been received for the above noted property to permit a facade improvement and renovation to an existing building. The building was originally constructed for Pizza Hut, and the new tenant is Browns Social House. The subject site is zoned for the proposed use, and therefore subject to a Commercial Development Permit only. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2013 -063 -DP respecting property located at 20490 Lougheed Highway. DISCUSSION: a) Background Context: Applicant: David Mah Owner: Douglas and Margaret Price Legal Description: Lot: 1, D.L.: 222, Plan: NWP86291 OCP: Existing: Zoning: Existing: Surrounding Uses: North: South: East: Commercial CS -1 (Service Commercial) Use: Strip Mall Zone: CS -1 (Service Commercial) Designation: Commercial Use: Single Family Residential Zone: R-1 (Residential District) Designation: Urban Residential Use: Drive -Through Restaurant Zone: CS -1 (Service Commercial) Designation: Commercial 1103 West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: b) Project Description: Drive -Through Restaurant CS -1 (Service Commercial) Commercial Vacant (formerly Pizza Hut) Commercial (Browns Social House Restaurant) 2200 m2 Lougheed Highway Urban The subject site is located on Lougheed Highway in an established highway commercial corridor. Residential lots border the property on the south side, while commercial properties border the other three sides. The existing building was previously used as a Pizza Hut, and the building design is distinctly designed for the former tenant's brand. The applicant proposes to significantly change the building facade to reflect the corporate brand of the new tenant, Browns Social House. A portion of the eastern side of the building will be removed and will be replaced with a semi outdoor patio space. The patio space will be enclosed with a roof and partial walls with windows. New facade building materials include dark green stucco, dark grey cultured stone, and decorative metal. The restaurant will be accessed via the existing drive -way let down on Lougheed Highway, which is on the subject site and shared with the adjacent Dairy Queen restaurant. Landscaping is proposed to be added along the covered patio area, along the northern building elevation and in the parking area. The garbage and recycling facility is provided at the rear of the building. The CS -1 (Service Commercial) zone requires an urban level of servicing, and therefore all urban services will be required at the time of Building Permit application. The Engineering Department has commented that a concrete sidewalk, curb and gutter will be required. Additionally, the project Engineer will need to confirm the size, location, and suitability of the existing servicing connections. Some upgrades to these services are expected at the time of Building Permit application. c) Planning Analysis: Zoning Bylaw: The subject site is currently zone CS -1 (Service Commercial) and the proposed restaurant use is a permitted use in this zone. Off -Street Parking and Loading Bylaw: Parking is provided to the front and rear of the building. The parking ratio for this project is one space per four seats. There are 124 seats proposed, for a required number of 31 spaces. In total, 38 spaces have been provided. Some modifications to the existing parking lot configuration are proposed, including additional parking spaces in the rear of the building to maximize the existing paved area. The parking area in the front of the building is proposed to be re -oriented to optimize the number of parking spaces. The accessible parking space will be located next to the patio area on the south east side of the building. -2- Official Community Plan: The development site is designated Commercial and falls within the General Commercial category due to its location along Lougheed Highway within the Urban Area Boundary and outside of the Town Centre. The objective of the General Commercial category as stated in the OCP is to "respond to emerging market trends and shopping preferences and to permit greater flexibility in the range of commercial uses". The proposed development is subject to the following OCP policy: Policy 6-24 Maple Ridge will review bylaws and regulations aligning with the General Commercial land use designation to respond to market demand and differentiate those uses from retail uses typically found in the Town Centre. The CS -1 (Service Commercial) zone aligns with the General Commercial category. In accordance with the Official Community Plan Section 8.5 a Commercial Development Permit is required for this proposal and is subject to the following key guidelines: 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development. A tall hedge and solid wood fence currently line the south property line to create a buffer between the commercial and residential land uses. This buffer will be maintained by the new tenant. 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts. The northern elevation of the building is proposed to be enhanced to create a more attractive streetscape which includes building level signage, landscaping and walkways. A new concrete sidewalk will be extended into the site's parking area from the Lougheed Highway frontage to improve pedestrian safety. 3. Promote sustainable development with multimodal transportation circulation, and low impact building design. Landscaping will be added around the building and in the parking area to increase the amount of permeable area from the existing paved site. 4. Respect the need for private areas in mixed use development and adjacent residential areas. A tall hedge and solid wood fence currently line the south property line to create a buffer between the commercial and residential land uses. This buffer will be maintained by the new tenant. 5. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. Significant changes are proposed for the existing building including changes to the roof line through the use of a false front. The colour palette for the building is also proposed to be changed from red -3- and beige to dark green and grey. The changes to the architectural style and building materials of the existing building will create a contemporary form and character. d) Advisory Design Panel: This application was presented to the Advisory Design Panel on August 13, 2013. The Advisory Design Panel's resolution is outlined below and includes an explanation of how each item has been addressed by the Project Architect. The application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up: • Consider pedestrian access to the street The cement sidewalk has been extended into the site to provide better pedestrian access from Lougheed Highway to the building entrance. • Consider introducing small street trees on Lougheed Hwy, between property lines and parking Two trees have been added along the Lougheed Highway to increase the amount of landscaping along the streetscape. • Consider painting the garbage enclosure's split face blocks to match the stucco colour The garbage enclosure has been revised to match the building colour. • Consider simplifying the planting palette and material around the patio A continuous boxwood hedge will provide a more simplified landscape scheme around the patio area. • Consider relocating the handicap parking stalls and maintain a 5 foot access The accessible parking space has been relocated from the north side to the east side of the building. • Consider better articulating the rock corners and provide more of an accent feature at the entry point to the patio The wall at the south-east corner of the building has been thickened to create more building articulation. The prominence of the building entrance has been increased with a decorative steel beam labeled as `Entry way' to highlight the building entrance, as it is located from the patio rather than the building itself. -4- e) Financial lmplications: In accordance with Council's Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost 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 of $7,500.00, the security will be $7,500.00. CONCLUSION: Staff have reviewed the proposal's compliance with the Commercial Development Permit Guidelines of the Official Community Plan for form and character, and it is recommended that the Corporate Officer be authorized to sign and seal 2013 -063 -DP respecting property located at 20490 Lougheed H ighway. "Original signed by Amelia Bowden" Prepared by: Amelia Bowden Planning Technician "Original signed by Charles R. Goddard" for Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Site Plan Appendix C - Building Elevations Appendix D - Landscape Plan -5- APPENDIX A 34 007 SMF 33673 O D P 64073 75 in p N Pcl. 'One' LMP 46838 M - O 203 7 20436 1 LMP 25177g C\I ACV CD CD 1 Subject N 07 d- 0 N 2 Property 1 N N00 10 O N *LMP 36563 1 GHEED HWY N LSD p N Rem. 1 P8291 P 69662 P 72179 P 9031 W -.1 20433 20451 GJ CO P 13954 36 CV No Rem C p O 1 N P 77800 2 3 Tr O (NI N 4 Lo N Rem 1 1 N Rem 23 N Rem N 2 3N 4N LMP LI 2 5N6N7 20045 2 N 18 AVE. 0▪ ) v N N 20430 IV 20440 20448 v a) N 20452 CD 20458 O N CO v co LNUT CR. 20498 17 Lo Lo p N 204 92 16 (3) 13C° 1c ti L\, I\i Scale: 1:1,500 Pitt M ea ows _ *+ ,' 20490 Lougheed Hwy ! ini 3 N � �� ' i.. 111E. ; m. CORPORATION OF THE DISTRICT OF O ``=L i . �, :�� >!� .._ ,� LI o �. _ +�a I �,�-+_ 0 _ _, .-. l o MAPLE RIDGE British Columbia MAPLE RIDGE PLANNING DEPARTMENT 7 District of �; _ P: il._ Langley =1 =]- ----m=._ DATE: Jul 2, 2013 2013 -063 -DP BY: JV FRAS ER � 0 w w 0 EXISTING DAIRY QUEEN rewrowelnmm 4WW~e WM". A 8 "gol,1° ry\.1 PROP. BROWNS SOCIAL HOUSE RESTAURANT 30 26 25 • -iWonnmm —D9999991998-1 10111 Wing 10 32 33 28 29 11 12 13 14 5 16 17 18 23 22 A 21 0, 19 6 PROPOSED SITE PLAN 1:000 SITE STATISTICS APPENDIX B MAPLE SIDGE.SC E IS Igyr-paxmn.u.:07:" K---AT=A:r:roL".zzr,T.A. SAVE PS EXIT Des surSE0 OVER .o,<E ALARM THEREFORE DOES NOE REQUIRE SEAMS/EL SWIPE INONESODISS SPASIALwranDIrlD.SliCIILSSION SE m "'S:E=NErSgrE""' rzvanm.z,.-7— david s. mah architect 0 0 0 0 0 EBE D MASSES MILL VANCOUVER C Vszaas TEIJF.03.1.1.37.1855 PR'EC7 7'nE BROWNS SOCIAL HOUSE RESTAURANT 20490 LOUGHEED MT, MAPLE RIDGE, BC DISSWING SIRE PROPOSED SITE PLAN Aoo°14E.. DRAWING NO A-1 EACI,LIT PASCM SIGH rtETZTZZ-- EPAEM11111111111111111111111111111111ZEN= 111 MAIN FIN. FLOOR EfiEz I — NORTH ELEVATION ME 1:100 DEtOPPTIVE LIGHTS 111111111111111111111I111111111111111111111111==mmE=7= 6.07111 U/S OF ROOF TRUSS MAIN FIN. FLCOR PEAK OF ROOF Eaor, SOUTH ELEVATION F29671171=170' STRUCT MSS) 7.%174=4Z. pEAK Roor. Maws U/S. OF ROOTT SS 91.99rn MAIN FIN. FLOOR EaFonrga°0",E. oltrismws --- Ilir. SECTION A -A -7 i.ioo DECORATIVE LIGNI, EITEF- APPENDIX C EAST ELEVATION 1: 100 E0311KrIVE L16,178 PAINTED 3.(38W000 :Pt0V14= sAcKoTonscusms GVIIIITVEZILI7 PEIRFORPTED MESH .s.EssAssE.s., - ;=070=1.1REVEALS sEcoFATIvE sox 11O1111.., sEss .,ssE DECORATIVE (0-0.7S-' \ ,9/n ss,ss SIGNBOARD PEAK OF ROOF 1 ( I 0 I o 11111111111111011111 111111111111111111111111111 1111T111111111111111111111111 11111111111111IIIIII 0 U 0 0 IIIIIIII I I I TIM 1 111 1011 111 IIII Ill 1011 111 1 II(IIIII1 P1110100110 411111111111111111 0 0 PEAK OF HIP ROOF -- /.. * UISOF000FTRUSS ! US OF ROOF TRUSS ...(7-•„. ' ,4 _< .....,_...,._ 41 vs riifilmries EAST ELEVATION 1: 100 E0311KrIVE L16,178 GVIIIITVEZILI7 PEIRFORPTED MESH 1.1...1.1........ 1111111111111111111111111111111111111111111111111111111 '' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11O1111.., I 0 I o 11111111111111011111 111111111111111111111111111 1111T111111111111111111111111 11111111111111IIIIII 03.9STn P1110100110 11 I UISOF000FTRUSS ! _< .....,_...,._ WEST ELEVATION 1: 100 0.8%140 MAIN FIN. FLOOR TO 296 MI., =170,IDEPS HD u1779r—"" (13 SECTION B -B \.6-7 i loo ih PEAK OF R 1.1...1.1........ 1111111111111111111111111111111111111111111111111111111 '' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11O1111.., I 0 I gi 03.9STn 11 I SECTION C -C \AL:v 1.100 david s. mah architect 0 0 0 0 0 L/KRKET KM VANCOUVER/. ',ass TEL/F. 03.0.1,185S DAM REMARKS BROWNS SOCIAL HOUSE RESTAURANT 20490 LOUGHEED HVVY, MAPLE RIDGE, BC DIL.VING TITLE PROPOSED ELEVATIONS & SECTIONS JOS HO 20,3 DRAWING NO A-8 New Conc. 8 Sloped UPitlewalk curb Cut ( Proposed Trees ) Existing Street Tree Eddins cmc. Sidewalk E 'ort gJu a 6 Shrubs Existing Street Tree PLANT LIST SYMBOL I QUANTITY IBOTANICAL NAME I COMMON NAME I PLANTED SIZE I NOTE TREE Acer PalmaWm Noodgood Red Japanese Maple B8 B2.5m N. 0 Gledlble TrlacanNas lnbmla"Sunburst" Sunburst Honey... B& B flan cel..1.0m std. SHRUB O 40 Brws SemPoMrena Common Bon.. BNB 80cm ht. 12 Nandlra Dmestca•Gulfstream• Heavenly Bamboo 83 pot40crn hL busby lam/ 2 Rhododendron Std. ( Hyb. TBD) Standard Rhododendron 45 pot80cm M., busby Note: 1. NI landscaping shell mea or ex.. BCSLABCNTA standards. Hyb. TBD • denotes hyb Hs or varieties to be determined at nursery. 3. All trees to be staked as per BCSLABCNTA Ie.scape standards. >. CD 0 W W C7 0 J EXISTING DAIRY QUEEN Existing Dwarf sponse Mapl M. ronspl Ned EI *re on Site Existing Japanese - uxus Semisarvirena Maple to be Transplanted Here ovmcw New Lan scoping Buxus Sempenirens urter 2 18 - Buxus Se 3 (Mah1.2mh1.) 4 8 e 5 6 Exating trees 8 e Shrubs to Kept PROP. BROWNS SOCIAL HOUSE RESTAURANT New Landscaping PROPOSED LANDSCAPE PLAN 1:200 (Ma0.1.20 01 New Landscaping V 10 Future Land ng Existing Pine Tree 8 Junipers M boKept 2-603004endron Std. (Hyb. TBD,i ( New Shrubs Proposed Garbage 8 Recycling Enclosure t - M be Painbd the Same Color As the Stucco ) Exis g Wood Fe E ' 1 ET 8,Sh bst be Kept 12-Nandine Pomestice •Gulbbeam" 2-Gletlitsie TriacanMos Inter. •Sun Existing Trees B Shrubs to be Kept Existing Wood Fence Asti.,ee 8 Shrubs to be Kept APPENDIX D SITE STATISTICS Lo z s.os sa pans oo ssl es.esvx laJshaxsrt PROPOS 6 743.00 6 8200 6F1 ES david s. mah architect ISSUED DATE REMARKS BROWNS SOCIAL HOUSE RESTAURANT 20490 LOUGHEED HWY, MAPLE RIDGE, BC PROPOSED LANDSCAPE PLAN Lian Chang Landscape Architect 3025 Heather SC., )523Kt SCALE 1.20,1 DRAWING NO. L-1 ii ..ata,ma Lc MAPLE RIDGE RrlII.h Csiwils District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 9, 2013 and Members of Council FROM: Chief Administrative Officer MEETING: Committee of the Whole SUBJECT: Great Canadian Entertainment Centre Ltd. - Amended Liquor Primary Licence Application EXECUTIVE SUMMARY: The applicant applied to the Liquor Control and Licensing Branch (the Branch) for a liquor primary licence, to be located at 22710 Lougheed Highway in Maple Ridge. The application was then submitted to the District in March of 2013. However based on public input received, staff recommended specific revisions to the application and with the agreement of the applicant the revised application was submitted to Council for approval on June 10, 2013. The revisions involved reduced hours of operation and following Council consideration, Council passed a resolution on June 10, 2013 in support of the revised application from the Great Canadian Entertainment Centre Ltd. Later in June the applicant received approval from Council to allow 200 slots. A revised floor plan was submitted to the Branch. In a letter dated July 31, 2013 the Branch requested that the public input be re -sought based on the revised floor plan and revised hours of operation. That process was completed through August, 2013. Of the 1,764 letters issued 5 responses were received and are attached. One of the responses is in support of the application with the other 4 raising some concerns. This report recommends that the amended application be supported. RECOMMENDATION(S): 1. That Council supports the amended application by the Great Canadian Entertainment Centre Ltd. located at 22710 Lougheed Highway for the Liquor Licence Primary license as applied for including the number of patrons and the proposed hours of operation to be 10:00 am to 12:00 am Sunday to Thursday and 10:00 am to 1:00 am Friday and Saturday with respect to the Liquor Licence Primary license. 2. That a copy of the resolution be forwarded to the Liquor Control and Licensing Branch in accordance with the legislative requirements. DISCUSSION: a) Background Context: On March 21, 2013 The Great Canadian Entertainment Centres Ltd. under the proposed establishment name of Chances Gaming Entertainment Maple Ridge submitted an Page 1of4 1104 application (Appendix 11) to the Branch for a Liquor Primary License for their new facility at 22710 Lougheed Highway, Maple Ridge. This application was processed by staff following specific guidelines and was presented to Council on June 10, 2013 with recommended changes to the application. Later in June the applicant received approval from Council to allow 200 slots. A revised floor plan was submitted to the Branch. In a letter dated July 31, 2013 the Branch requested that the public input be re -sought based on the revised floor plan and revised hours of operation. That process was completed in August, 2013. Of the 1,764 letters issued 5 responses were received and are attached. One of the responses is in support of the application with the other 4 raising some concerns. The issues pertain to the hours of operation, security and noise. There is one specific concern about the type of fencing being installed and the applicant has committed to work towards addressing these concerns. The Branch has completed their initial review of the application and has determined applicant suitability and eligibility for the establishment type. The Maple Ridge Zoning Bylaw does permit a liquor primary establishment at this location. The premise in question is fronted by Lougheed Highway and with the side access road being 227 street. It is primarily surrounded by multi residential and commercial utilized property. The attached map (Appendix 111) compares the subject site to the surrounding neighbourhood. The second phase of the application process is the gathering of public input on the application request. The Branch guidelines request a specific Council resolution commenting on the application in terms of community impacts which may occur as a result of the proposed license to the establishment operations as a result to the proposed Liquor Primary License at this particular location. Part of the process requires Council to gather views of the residents and businesses who may be affected by the establishment of the liquor primary license in their neighbourhood. In following the public input requirement, 1,764 letters were sent to owners and occupants of property within approximately 500 metres of the subject site with the mail -out being split between residents and businesses in the area. (Site map attached as Appendix 111). There were four (4) individual responses out of the 1,764 letters sent to surrounding property owners and occupants. Staff received thirty-seven (37) letters returned from the Post Office as undeliverable. All of the responses are attached as (Appendix IV) for Council's reference. The District also posted a public notice in the local newspaper twice. The first Notice was August 14, 2013 and the second was August 21, 2013. The Maple Ridge RCMP Detachment was asked for their input on this matter and they have confirmed they do not have any operational issues with this application. There is adequate parking, on the subject property that actually exceeds the municipal parking requirements for this proposed use. The access road to the property, 227 Street, has been upgraded and will be a direct link between Lougheed Highway and the Haney Bypass. The five closest liquor primary licensed premises to the subject property are: • Witch of Endor at 22648 Dewdney Trunk Road, whose current hours of operation are 11:00 am to 12:00 midnight Sunday to Thursday and 11:00 am to 1:00 am Friday Page 2of4 and Saturday; • Billy Miner Pub at 22355 River Road, whose hours of operation are 11:00 am to 12:00 midnight Sunday to Thursday, 11:00 am to 1:00 am Friday and Saturday • Haney Motor Hotel at 22222 Lougheed Hwy. (335 seats) whose hours of operation are from 12:00 pm to 2:00 am Monday to Saturday, 11:00 am to 12:00 am Sunday. • Haney Motor Hotel at 22222 Lougheed Hwy. (225 seats) whose hours of operation are from 11:00 am - 1:00 am Monday to Saturday and 11:00 am - 12:00 am Sunday • Kingfishers Waterfront Bar and Grill of 23840 River Road whose hours of operation are from 9:00 am to 12:00 am Sunday to Thursday and 9:00 am to 1:00 am Friday and Saturday. b) Desired Outcome(s): That Council support the application from the Great Canadian Entertainment Centres Ltd dba Chances Gaming Entertainment Maple Ridge as set out in the recommendations in this report. c) Interdepartmental Implications: Both local government and the provincial government have an interest in ensuring that liquor regulations are followed and that licenses establishments have the support of their communities. d) Citizen/Customer Implications: The review of this application has taken into consideration the potential for concerns from surrounding business and residential properties in terms of parking, traffic and noise generation as well as the proximity of residents and similar establishments. e) Interdepartmental Implications: The Licencing, Permits and Bylaws Department has coordinated in the review process and solicited input from the public, other municipal departments as well as the RCMP. f) Alternatives: To not approve the application or to provide conditions to the approval. CONCLUSIONS: That Council passes the necessary resolution supporting the application from Great Canadian Entertainment Centres Ltd dba Chances Gaming Entertainment Maple Ridge as submitted based upon the staff findings set out in this report. Page 3of4 Prepared by: E. S. (Liz) Holitzki Director: Licences, Permits and Bylaws Approved by: Frank Quinn, MBA, P.Eng General Manager, Public Works & Development Services Concurrence: J.L. (Jim) Rule Chief Administrative Office LH/ Attachments: Appendix I - Letter from the Liquor Control and Licensing Branch dated July 31, 2013 Appendix II - Liquor Licence Application to LCLB from Great Canadian Entertainment Centres Ltd. Appendix III - Responses & Correspondence Appendix IV- Site map (500 metres from proposed site) used for gathering public input Page 4 of 4 BRITISH C©LUMBI.A. July 31, 2013 Liz Holitzki Director of Licensing, Permits & Bylaws District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6A9 Dear Ms. Holitzki: APPENDIX I Job # 9462706-001 Re: Revised Request for Comment - New Liquor Primary Application Applicant: Great Canadian Entertainment Centres Ltd. Proposed Address: 22710 Lougheed Highway, Maple Ridge Establishment Name: Chances Maple Ridge The applicant has applied to the Liquor Control and Licensing Branch (the Branch) for a liquor primary licence, to be located at 22710 Lougheed Highway in Maple Ridge. This application was first submitted to the District of Maple Ridge (the District) for consideration on December 18, 2008. A revised application was submitted to the District on March 21, 2013. The District of Maple Ridge considered the revised application and provided a council resolution to the Branch on June 10, 2013. On July 23, 2013, the applicant contacted the Branch about changes to their floor plan and hours of service. The revised floor plan shows an increased occupant Toad and the applicant has changed their hours of service to match the hours of service approved by the District. All of which means the District's resolution of June 10, 2013 is obsolete. The resolution and public input process must be completely re -done as if public input and a council decision have never happened. Therefore we are again proceeding to the Site and Community Assessment (SCA) stage which is the stage for local government input. Please note that this an updated request to replace all previous Branch documents. Public notifications and any other District documents must identify the new occupant load and hours of service. The District of Maple Ridge is requested to consider the application and provide the Branch with a resolution which includes their comments and recommendation with respect to the licence application. To assist with Council's assessment of the application, the Branch has prepared a summary report for review and consideration by Council. The summary report is based on information provided by the applicant and by Branch staff. Liquor Control and Licensing Branch Mailing Address: PO Box 9292 Stn Prov Govt Victoria BC V8W 9J8 Telephone: 250 952-5787 Facsimile: 250 952-7066 Location: 4th Floor, 3350 Douglas Street Victoria, BC http://www.pssg.gov.bc.ca/Iclb Council has 90 days to either provide comments to the general manager, or to advise that they wish to "opt out" of the process. Either must be in the form of a Council resolution. Additional time over the 90 days can be approved by the Branch if the request is received in writing prior to the end of the 90 day period. Upon receipt of a Council Resolution, the Branch will review the Resolution to determine if all the regulatory criteria have been met in accordance with section 10 of the Liquor Control and Licensing Regulation and; if recommended by local government, assess whether the granting of the licence would be contrary to the public interest. Following the rendering of a decision by the general manager as to whether to grant site and community approval, the applicant and the local government will be advised in writing. Once granted site and community approval, the application proceeds to the building assessment stage of the licensing process where floor plans are reviewed and if approved in principle, the applicant may proceed with construction/renovation of the establishment, followed by the final stages of the licensing process. Further details of the liquor licensing application process can be found in the "Role of Local Government and First Nations in the Provincial Liquor Licensing Process" guidelines, enclosed for your reference and also available on the branch website at http://www.pssq.gov.bc.callclb/. If you have any questions regarding this application please contact me at (250) 952-5752 or by e-mail at Vicky.Tooby@gov.bc.ca. Yours sincerely, for Vicky Tooby Senior Licensing Analyst Enclosure copy: Ron Carriere, Liquor Inspector Great Canadian Entertainment Centres Ltd. BRI`I`ISH 7h(., Th r rixT an C auh APPENDIX II APPLICATION SUMMARY For Applicant and Local Government/First Nations Date: August 1, 2013 Job # 9462706-001 Created by: Vicky Tooby Re: Application for a Liquor -Primary licence Applicant: Great Canadian Entertainment Centres Ltd. Proposed Site: 22710 Lougheed Highway, Maple Ridge Proposed Establishment Name: Chances Gaming Entertainment Maple Ridge 1. APPLICATION INFORMATION Date application deemed complete: October 7, 2008 Local Government Jurisdiction: District of Maple Ridge The primary business focus of the proposed establishment: Entertainment Total person capacity/occupant load requested: 789 persons consisting of: Interior: Bingo - 200, Slots — 310, Bar — 82, Off -Track Betting — 8, Multi-purpose — 61, Second Floor Multi Purpose Room — 51; and Patio 1 — 56 and Patio 2 — 21. If approved for licensing approved capacity/occupant load includes patrons and staff and must be equal to the occupant load assigned by the designated authority on the final floor plans. "Occupant load" means the least number of persons allowed in an establishment under 1) the Provincial building regulations, 2) the Fire Services Act and British Columbia Fire Code Regulation, and 3) any other safety requirements enacted, made or established by the local government or first nation for the area in which the establishment is located. Hours of Operation requested: Monday Tuesday Wednesday Thursday Friday Saturday Sunday 10:00 AM 10:00 AM 10:00 AM 10:00 AM 10:00 AM 10:00 AM 10:00 AM 12:00 AM 12:00 AM 12:00 AM 12:00 AM 1:00 AM 1:00 AM 12:00 AM Endorsements Requested: none noted. 2. APPLICANT SUITABILITY INFORMATION (Fit and Proper) Based on information reviewed to date, the applicant has met the eligibility and suitability requirements of the Liquor Control and Licensing Act (the Act). 3. LOCATION/SITE FACTORS The following sections are compiled from information provided by the applicant except where indicated otherwise. The proposed establishment will be located in the town centre area of Maple Ridge in a brand new development which will replace the existing gaming facility, the Haney Bingo Plex. See the attached Applicant's Letter of Intent for details of the proposed Liquor Primary establishment, including the following details: a) Target Market: b) Hospitality/Tourism Development Factor c) Benefits to the Community: d) Traffic in the Vicinity:. e) Noise in the Community: f) Parking Issues: g) Municipal Zoning: h) Commercial/Residential/Light or Heavy Industrial Neighbourhoods: Please note that the applicant's letter of intent is enclosed as an attachment to this report for reference purposes. The information or statements included in the letter of intent have not been confirmed unless otherwise stated in this report. The following information is provided by both the applicant and the Liquor Control and Licensing Branch I) Distance measure used for public buildings and other liquor primary licensed establishments: 1 km J) Social Facilities and Public Buildings within 1 km radius: Name/Type of Facility Distance from site Clientele Affected Identified by City Hall .5 km General Public Inspector Arts Centre .5 km General Public Inspector TSH international College - Cosmetology Within 1 km Staff & Students Applicant Little Garden Montessori Centre Within 1 km Staff & Students Applicant Maple Ridge School — Aesthetics Within 1 km Staff & Students Applicant His Path Christian Centre Within 1 km General Public Applicant St. Patrick's Catholic Church Within 1 km Members and Public Applicant St. Patrick's School Within 1 km Staff & Students Applicant Ridge Meadows RCMP Within 1 km General public & Staff Applicant Revs the Bowling Centre Within 1 km General Public Applicant k) Liquor -primary establishments within the distance measure of 1 km from the proposed location: Establishment Name Licence Number Establishment Type Total Capacity Distance from proposed site Market Served Witch of Endor 033021 Public House -Pub 208 .7 km General Public Billy Miner Pub 035096 Public House -Pub 81 Within 1 km General Public Haney Motor Hotel 017240 Hotel Lounge 335 .8 km General Public Haney Motor Hotel 139071 Hotel Lounge 225 .8 km General Public Establishment Name Licence Number Establishment Type Total Capacity Distance from proposed site Market Served The Wolf Bar 301102 Cabaret 108 .6 km General Public Maple Ridge Lanes 126241 Recreational 40 .3 km General Public The Act 301231 Cultural Centre 878 ,75 km General Public Army, Navy & Air Force Veterans #379 032734 Private Club 75 .75 km Members and Guests Ridge Meadows Seniors Society 217128 Private Club 150 .80 km Members and Guests Royal Canadian Legion Branch #88 128253 Private Club 275 .75 km Members and Guests i) Natural or manmade barriers: concrete barrier divides the two parking areas. The following information is provided by Liquor Control and Licensing Branch except where indicated otherwise. Community Indicators Contravention Statistics The Liquor Control and Licensing Branch has compiled contravention statistics on the identified liquor primary and liquor primary — club establishments within a 1 km radius of the proposed location. These statistics are based on a period covering from January 2003 to present and only include proven contraventions. Stadiums and concert halls are not included in these statistics. 1 Permit minor to enter or be on premises, s. 35 Act 1 Permit minor to consume liquor, s. 33(1)(c) Act 1 Sell or give or otherwise supply liquor to minor, s. 33(1)(a) Act Population, Population Density and Population Trends for the Community: • Circle population statistics for 2001 and 2006 are available from BC Stats by emailing your request to BC.Stats(a�gov.bc.ca • BC Stats Community Facts includes the BC Benefits recipient and El Beneficiary statistics and is available at http://www.bcstats.gov.bc.ca/data/dd/facsheet/facsheet.asp 4. PUBLIC INTEREST In providing its resolution on the proposed Liquor Primary application, local government must consider and comment on each of the regulatory criteria indicated below. The written comments must be provided to the general manager by way of a resolution within 90 days after the local government receives notice of the application, or any further period authorized by the general manager in writing. Regulatory Criteria local government or First Nation must consider and comment on: a) The location of the establishment; b) The proximity of the establishment to other social or recreational facilities and public buildings; c) The person capacity and hours of liquor service of the establishment; d) The number and market focus or clientele of liquor primary establishments within a reasonable distance of the proposed location; e) The impact of noise on the community in the immediate vicinity of the establishment; and f) The impact on the community if the application is approved. The local government or first nation must gather the views of residents in accordance with section 11.1 (2) (c) of the Act and include in their resolution: (i) the views of the residents, (ii) the method used to gather the views of the residents, and (iii) its comments and recommendations respecting the views of the residents; A sample resolution template and comments are enclosed as attachments 2 and 3 to this report for reference purposes. For use by Liquor Control and Licensing Branch: 5. REGULATORY CONSIDERATIONS Liquor Control and Licensing Act, sections: 11, 16 and 18 Liquor Control and Licensing Regulations sections: 4, 5, 6, 8, 10 6. POLICY CONSIDERATIONS Policy Manual Section 3.2 Applicant Eligibility Assessment Policy Manual Section 3.3 Site and Community Assessment Policy Manual Section 3.4 Building Assessment and Issue of a Licence ATTACHMENT 1 APPLICANT'S LETTER OF INTENT ATTACHMENT 2 Sample Resolution Template for a Liquor -Primary or Liquor -Primary Club Licence Application General Manager, Liquor Control and Licensing Branch RE: Application for a liquor -primary licence at: (address of proposed establishment) At the (council/board) meeting held 'on (date), the (council/board) passed the following resolution with respect to the application for the above named liquor licence: Be it resolved that: 1. The (council/board) (recommends/does not recommend) the issuance of the licence for the following reasons: (detail and explain reasons for recommendation) 2. The (council's/board's) comments on the prescribed considerations are as follows: (see the following page for sample comments for each criterion — a comment on each must be included in the resolution. Where a staff report has been prepared that addresses the criteria this can be used to provide Council's comments provided the staff report is referenced in the resolution and there is a clear statement that Council endorsed the comments in the report.) (a) The location of the establishment (provide comments) (b) The proximity of the establishment to other social or recreational facilities and public buildings (provide comments) (c) The person capacity and hours of liquor service of the establishment (provide comments) (d) The number and market focus or clientele of liquor -primary licence establishments within a reasonable distance of the proposed location (provide comments) (e) The impact of noise on the community in the immediate vicinity of the establishment (provide comments), and (f) The impact on the community if the application is approved (provide comments) 3. The (council's/board's) comments on the views of residents are as follows: (describe the views of residents, the method used to gather the views and provide comments and recommendations with respect to the views. If the views of residents were not gathered, provide reasons). The undersigned hereby certifies the above resolution to be a true copy of the resolution passed by the (council/board) of (local government/First Nation) on (date). Sincerely, (signature) (name and title of official) (local government/First Nation) Note: • All of the items outlined above in points 1, 2 (a) through (f) and 3 must be addressed in the resolution in order for the resolution to comply with section 10 of the Liquor Control and Licensing Regulation. • Any report presented by an advisory body or sub -committee to the council or board may be attached to the resolution. ATTACHMENT 3 Sample Resolution Comments for a Liquor -Primary Licence Application The following are examples that illustrate the type of comments that local government and First Nations might provide to demonstrate they have taken into consideration each of the criterion in reaching their final recommendation. Comments may be a mix of positive, negative and neutral observations relevant to each criterion. The final recommendation is the result of balancing these `pros and cons'. The list is not intended to illustrate every possible comment as the variations are endless, given the wide range of applications and local circumstances. It is important that the resolution include the comment and not refer to a staff report, as the general manager cannot suppose that the local government considered all the criteria unless comment on each criterion is specifically addressed in the resolution itself. Local government or First Nation staff may wish of esolutionto contat he Liquor Control and before it is presented to local Licensing Branch for assistance on drafting the contenta government or First Nation to avoid resolutions that do not comply with the regulations. (a) The location of the establishment: The location is in a commercial area that is removed from nearby residences and is suitable for a late night entertainment venue where some street noise at closing time can be anticipated. (b) The proximity of the establishment to other social or recreational facilities and public buildings: The only nearby social, recreational and public buildings do not conflict with the operation of a late night entertainment venue. — or - The proposed location is across a lane from a church with an attached retirement facility and church hall routinely used for youth group gatherings. The proximity of the proposed establishment is not considered compatible with the existing facilities. (c) The person capacity and hours of liquor service of the establishment The maximum person capacity of 250 with closing hours of 2:00 a.m. Tuesday through Saturdayy and midnight on Sunday is acceptable. A larger capacity or later hours is not supported given the few number of police on duty at that time. (d) The number and market focus or clientele of liquor -primary licence establishments within a reasonable distance of the proposed location: The existing establishments are Targe public house establishments that focus on exotic entertainment or are nightclubs that attract patrons 19 to 25 years of age. The proposed establishment is a small local pub style facility with an extensive menu and is designed to appeal to couples wanting a quiet adult venue for socializing in their community. There are no other (or few other) facilities with a similar focus. (e) The impact on the community in the immediate vicinity of the establishment: The establishment is not expected to negatively affect traffic patterns and noise is not expected to be an issue because [of the small size and early hours] — or — [the applicant has agreed to various noise baffling strategies to ensure the neighbours are not disturbed by late night music]. The applicant has met the requirements of the zoning bylaw with regard to road access and parking. The impact on the community if the application is approved: If the application is approved, the impact is expected to be positive in that it will support the growth in tourism and offer a new social venue for residents. (f) The Council's comments on the views of residents are as follows: The views of residents within a half mile* of the proposed establishment were gathered by way of *written comments that were received in response to a public notice posted at the site and newspaper advertisements placed in two consecutive editions of the local newspaper. Residents were given 30 days from the date of the first newspaper advertisement to provide their written views. Residents were also given an opportunity to provide comments at the public meeting of Council held on March 18, 200X. A total of 63 responses were received from businesses and residents. Of the responses received, 21 were in support of the application citing the creation of additional jobs and a new entertainment venue for the area as their primary reasons. A total of 42 letters were received in opposition to the application. The primary reason cited by those in opposition was the proposed closing hours of 4 am. A number of business residents in the area also cited the lack of parking as an area of concern. The following three examples illustrate ways Council may complete their comments on the views of residents based upon the preceding fact pattern. 1. Council agrees that a 4 am closing time for this establishment would not be appropriate and therefore recommends that the establishment have a closing time of 2 am to be consistent with the other licensed establishments in the area. Council does not agree with the parking concerns raised by some of the local businesses as the proposed establishment's peak operating hours will be after the surrounding businesses have closed. Council recommends that a liquor licence be issued with hours of operation ceasing at 2 am. Council believes that the majority of residents in the area support the issuance of the licence provided the closing hours are no later than 2 am. The establishment will create new jobs and provide a new entertainment venue that is needed in this area. — or - 2. There are 6450 residents within the half mile radius of the proposed establishment. Notwithstanding that there is a two to one ratio of opposed residents to residents that support the application Council is of the view that the 42 residents who are in opposition represent a small proportion of the overall population that may be affected by this establishment. Council also notes that frequently only residents who oppose a proposal are the ones that respond; consequently Council is of the view that the rest of the residents are not opposed to issuance of a liquor licence for this establishment. Council recommends that a liquor licence be issued with hours of operation ceasing at 4 am. Council believes that the majority of residents in the area support the issuance of the licence. The establishment will create new jobs and provide a new entertainment venue that is needed in this area. - or - 3. Based upon the input received by residents within a half mile of the proposed establishment there is a two to one ratio of opposed residents to residents that support the application. The opposition to this establishment comes from both homeowners and businesses. Council is of the view that with both the residential and business communities' opposition to this proposed establishment that the issuance of a licence for this establishment would be contrary to the community standard for this area. Despite the potential creation of additional jobs and a new entertainment venue for the area Council is unable to support the issuance of a liquor licence for this establishment. Council recommends that a licence not be issued. * The local government or First Nation determines the appropriate area to be included and the method for gathering those views 0 E )i D .r.g; 6 gi 9 E 1-• .1J 0 1/ t•• .!J 1 • 4ECIN 11 0 3 4 RF r .*r 1 ," / • • s_•• r-Jtip 13.'1 R tj , ---- ril c pi [• •: 's i. : • •".' e- a C•......1 ;:;-,, I A`J.1.,,,• L • •-•'. 1-17.7 T •i-31.•17 . .. ... :it. • J.. J. 4 J . . •• • p.- " .• . 1 ' 1- El .!! :" 11" ;•1 6- X=11110: J. m rn 2 4 r n u C9 sprve3 '}H Y+r 123 AV III' t. Na NE mow NE rcr LA II'IIIIIlIu1■ I II NM !uiIIuiI imilir E LANE Q Ennio"EMI EMI EMI 121 AVE 11111111111112 IMPREMBE 0 ANE APPENDIX III 1 1 iit IFIFCYIAWFI 1 ACYL F 4V cx n PJRDEY ALF w LU CU MIS =NE ME. _ MIN ENIM NUM MEE 11110111 anc LTO.S VE LAN N LA E E SELKIRK AVE arr JORTH A`/F 1 E: LAN T AN LA E v AL/ 4 4VE MEI MI MI MI MN; 111 !j! Iva1 mo • .11 1111111111111111111111 /1111!IR?. I NE 111111 _ wid, purr .• MU& • 500tA • f\*-\ks,a 0111 msp W IWO • Frj 4itt rr 4 . APPENDIX IV Jaci Diachuk From: Cheryl Ennis Sent: August -16-13 9:02 AM To: Liz Holitzki Subject: FW: Public Notice Liquor Primary Licence Application Great Canadian Entertainment Centres Ltd FYI... From: Norma Whitney l Sent: Thursday, August 15, 2013 1:19 PM To: Mayor Council and CAO Users List Subject: Public Notice Liquor Primary Licence Application Great Canadian Entertainment Centres Ltd am looking forward to the opening of this new establishment, They have my vote for a liquor licence after all we are in the 2161 century this will hopefully people will spend their dollars in our community. Norma Whitney Wayne Wannamaker 1 Jaci Diachuk From: Cheryl Ennis Sent: August -16-13 9:01 AM To: Liz Holitzki Subject: FW: GCC Liquor Licence 22710 Lougheed Hwy FYI From: Samantha Smirnov Sent: Friday, August 16, 2013 B:56 AM To: Mayor Council and CAO Users List Subject: GCC Liquor Licence 22710 Lougheed Hwy To whom it may concern, I recently moved to Maple Ridge with my husband and 4 month old baby, We love Maple Ridge. We love all the family oriented things to do, the parks, the fact that I feel safe walking around alone with my little one. I feel really safe in general with the quick service of the community police and other 911 services. Moving here from Coquitlam was a huge decision for us but we wanted to move to Maple Ridge for the community. Were already upset at the casino being so close to our home and think it will bring some really bad people closer but understand that Maple Ridge is on the up and up and wanting to make more money so we can have a better hospital and better community. Now that being said we feel very STRONGLY that giving the casino a licence to serve liquor would be a huge mistake as its nota one time event it is an on going thing and would be a huge negative impact on the family built community we have here and could even possibly drive all the great families somewhere else. I would purpose that if they get the licence there should be a conditional term that they need to have extra security outside the building so people aren't being loud or getting rowdy in the parking lot and surrounding areas that way the community would be a lot happier, win win. thanks for your time Yours truly, S,Smirnov 1 Liz Holitzki From: Cheryl Ennis Sent: Sunday, August 25, 2013 5:11 AM To: Liz Holitzkl Subject: Fwd: Great Canadian Entertainment Liquor Primary License application Cheers, Cheryl Begin forwarded message: From: Russ Paquette Date: 24 August, 2013 7:24:31 PM PDT To:<mavorandcounciIC7mapleridge.ca> Subject: RE: Great Canadian Entertainment liquor Primary License application Dear Council of the District of maple Ridge I live a few blocks south east of the new Great Canadian Entertainment Centre at 22710 Lougheed Highway. By allowing Liquor sales within the gaming center I feel this will cause issues with noise, public nuisance and increase traffic issues within the neighbourhood. If patrons are able to consume alcohol while gaming, there is an increase risk these patrons would not properly monitor their alcohol intake and therefore more likely to over indulge, thereby causing the issues stated above. For these reasons I am opposed to awarding a Liquor License to Great Canadian Entertainment Centres Ltd. Thank You Russell Paquette Maple Ridge BC. 1 August 27th, 2013 Mayor and Council of the District of Maple Ridge 11995 Haney Place, Maple Ridge, BC V2X 6A9 Dear Mayor and Council: RE: Great Canadian Entertainment Centres Ltd. 22710 Lougheed Hwy, Maple Ridge, BC Liquor Primary Licence Application In the public notice that we received, the applicant: Great Canadian Entertainment Centres Ltd. (GCECL) has applied for a liquor primary licence to operate 7 days a week, 10 00 am to 12:00 am; Sunday to .fhursday and 10:00 am to 1:00 am Friday and Saturday with 56 persons on patio #1 and 21 persons on patio #2 and 712 person inside. Total capacity of 789 persons; which has increased from the original application of 667 persons. As a follow up to our letter to Council of May 15, 2013, we consider ourselves and the other members of the Strata LMS951 to be greatly affected by this application. Hours of Operation: We disagree with the proposed opening hour of the operation of 10:00 am. We contacted other establishments in the area and generally their opening hour of operation is at 11:00 am Sunday to Saturday. In the letter from the Chief Administration of May 27th, 2013 it gives examples of the five closest liquor primary licensed premises. (Four of which have opening operation hours of 11:00 arn). They are: Witch of Endor, Billy Miner Pub and two for the Haney Motor Hotel. We are concerned over the noise and traffic which would come from the outdoor patio, the early hour of operation and the impact of the factors on the quality of life in our neighbourhood. We appreciate the opportunity to challenge this Liquor Primary Licence Application by the (GCECL), We recommend that the hour of operation commence at 11:00 am. Regards, Terry Pilkinatan Maple Ridge. BC cc) Liz Holitzki, Director of Licences, Permits and Bylaws cc) Jennifer Windsor, Property Manager — Ascent Property Management Liz Holitzki From: Terry Pilkington Sent: Wednesday, August 28, 2013 12:01 AM To: Mayor Council and CAO Users List Cc: Liz Holitzki Subject: Great Canadian Entertainment Centres Ltd - Fencing issues Attachments: Aug 27 -13 Vine planted at fencing re Casino.JPG; 2013 080.JPG Dear Mayor and Council: In a phone conversation with the Director of licences, Permits and Bylaws; Liz Holitzki, 1 expressed our concern of the issue of a Privacy Fencing between the two properties. In our letter to Council of May 16, 2013, we addressed and quoted the issue of "Noise control By-law" No. 5122-1994: "No owner or occupier of property shall allow that property to be used so that a noise or sound which originates from that property disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of person in the vicinity" Ms. Holitzki Informed us that the original plan did not include an acoustical fencing like we requested, but a 6 foot chain-link fence black with black privacy slats; this was the response from Yvonne of the Casino. The Strata has not had any contact from the Gaming Centre regarding the fencing, but we did notice that a vine has been planted in approx. 6 foot increments which has attached itself to our fencing. We do not support this method since it will cause us maintenance and upkeep costs. Also, this method will take at least a few years to fill in and this shrubbery would definitely not provide any noise barrier. have attached a picture for your reference as to the afore mentioned vines. We are looking forward to your response on this issue. Regards, Terry Pilkington Maple Ridge, BC 1 14,41/11C s • • • •' \ \ • >. 2\ • 7N, 'N‘ Liz Holitzki From. David Fleugel - RCMP S ent: Wednesday, September 04, 2013 6:27 PM To: Liz Holitzki S ubject: Gaming Liz. Please be advised that the RCMP fully support and have no objection to the plans for BCLC to have a LCA license at the new gaming center on Lougheed Hwy. The RCMP have met several times with BCLC senior reps and are full briefed on the security and public safety aspects of the operation and are fully supportive of their plans around liquor service Thanks. D ave F. D avid Fleugel, Inspector O perations Officer Ridge Meadows RCMP 604 313 9980 or 604 467 7619 david.fleugel@rcmp-grc.gc.ca British Columbia Deep Roots Greater Heights District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 9, 2013 and Members of Council FILE NO: E02-010-145 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Award of Contract (Reference No. ITT-EN13-50, Project No. E02-010-145) Hampton Street Local Area Service - Utility and Road Construction EXECUTIVE SUMMARY: On July 16, 2012, Council authorized that a formal Local Area Service petition be circulated on the 20100 Block of Hampton Street to establish road, storm sewer, sanitary sewer and water services. On September 10, 2012, the formal petition was returned and the Corporate Officer determined that the formal petition was sufficient and valid. The construction phase of the project was tendered on August 6, 2013. The District received 7 tenders, ranging from $398,424.00 to $555,349.00. The tenders were reviewed the seven tenders for accuracy and completeness. The lowest compliant bid was submitted by Mainland Civil Works Inc. at $398,424.00 excluding GST. Council approval to award the contract to Mainland Civil Works Inc. is recommended. RECOMMENDATIONS: THAT Contract EO2-010-145: Hampton Street Local Area Service - Utility and Road Construction be awarded to Mainland Civil Works Inc. in the amount of $398,424.00; and THAT the Corporate Officer be authorized to execute the contract. DISCUSSION: a) Background Context: On July 16, 2012, Council authorized that a formal Local Area Service petition be circulated for the 20100 Block of Hampton Street to establish road, storm sewer, sanitary sewer and water services. On September 10, 2012, the formal petition was returned and the Corporate Officer determined that the formal petition was sufficient and valid. The project was tendered on August 6, 2013. The lowest tender price of $398,424.00 out of 7 tenders received was from Mainland Civil Works Inc. 1105 Tender results Tender results are listed below from lowest to highest price excluding taxes. Mainland Civil Works Inc. Sandpiper Contracting LLP Tybo Contracting Ltd. Targa Contracting Ltd. Mission Contractors Ltd. Earthco Underground Ltd. Imperial Paving Limited Tendered Price $398,424.00 $454,502.40 * $459,785.02 $469,019.00 $519,391.06 $525,950.00 $555,349.00 *Note: This tender total was revised from tender opening to reflect arithmetic corrections. Although this is the first time the District will be working with Mainland Civil Works Inc., performance bonding is in place to assure completion of the project in a timely and cost effective manner. The costs associated with this project will be borne 100% by property owners. b) Desired Outcome: The desired outcome of this report is to obtain Council approval to award the contract and proceed with the utility and road construction. c) Strategic Alignment: The Corporate Strategic Plan directs staff to provide high quality municipal services to our customers in a cost effective and efficient manner and to continue to use a user -pay philosophy. Utilizing the Local Area Service legislation and process is one method that the District can use to partner and provide services with neighborhoods in alignment with the Corporate Strategic Plan. d) Citizen/Customer Implications: As an LAS project the property owners identified on the certified formal petition are responsible for all project related costs identified at the completion of the project. When the final costs are determined, the owners will be offered the option to either pay the actual `commuted' cost or have the cost placed on the tax roll and amortized over a period of 15 years at the interest rate set by the Municipal Finance Authority (MFA) and the Finance Department. The estimated costs of the Hampton Street Local Area Service for the utility and road construction presented on the Formal Petition was $807,190.34, to be shared among the 10 existing properties. The recommended construction tender bid is $398,424.00 which came lower than the estimated construction cost prepared by the District's consultants, McElhanney Consulting Services Ltd. Including the $87,743 design and administration fee, the current estimated project cost is $530,000. This cost will be paid 100% by the property owners. This Local Area Service will provide a sanitary sewer, storm sewer and water connections at the property line. In order to complete and commission the services, owners will then need to install, at their cost, a connection from the residence to the service connections at the property line. Construction will commence soon after the project is awarded. e) Interdepartmental Implications: The project involves the Finance Department for the Local Area Service funding component and the Operations Department who provided input on the design and will be monitoring the works. CONCLUSION: The tender price of $398,424.00 excluding GST by Mainland Civil Works Inc. for the Hampton Street Local Area Service - Utility and Road Construction is the lowest tender price. Council approval to award a contract to Mainland Civil Works Inc. is recommended. "Original signed by Stephen Judd" Prepared by: Stephen Judd, PEng. Manager of Infrastructure Development "Original signed by David Pollock" Reviewed by: David Pollock, PEng. Municipal Engineer "Original signed by Trevor Thompson" Financial review by: Trevor Thompson, CGA Manager of Financial Planning "Original signed by Frank Quinn" Approved by: Frank Quinn, MBA, PEng. General Manager: Public Works & Development Services "Original signed by J.L. (Jim) Rule" Concurrence: J.L. (Jim) Rule Chief Administrative Officer MAPLE RIDGE British Columbia Deep Roots Greater Heights TO: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council FROM: Chief Administrative Officer SUBJECT: 2014 Permissive Tax Exemptions DATE: September 9, 2013 FILE NO: ATTN: Committee of the Whole EXECUTIVE SUMMARY: The Community Charter provides Council with statutory powers to exempt certain types of properties from municipal property taxation. Council's policy direction in this area is based on the fundamental principle that the Municipality will not grant property tax exemptions to organizations providing services on a private or for profit basis, or where the service is the responsibility of senior governments. If exemptions were granted in these instances then tax payers would be funding programs that were not intended to be funded by property taxes. Over the past several years Council has maintained limited growth in Permissive Tax Exemptions recognizing that any increase in exemptions results in a shift of the tax revenue to be collected from the remaining taxable properties. Each year additional requests for financial assistance are received, either in the form of property tax exemptions or community grants and Council must consider all of those requests in balance with the overall Financial Plan. There were two applications received for consideration of Permissive Tax Exemptions for 2014 where the applicants have not received previous exemptions. The Army Navy and Air Force Veterans in Canada has applied for permissive tax exemption for property at 22326 North Avenue and North Fraser Therapeutic Riding Association has applied for permissive tax exemption for property leased at 13345 Park Lane. The recommendation is to deny both of these applications. There are two properties being recommended for inclusion in the permissive exemption bylaw. In 2012 Council entered into a lease with Alouette Home Start Society to provide transitional housing for at risk youth. Including this property in the bylaw is a more cost effective way to achieve the conditions of the lease. The second is property owned by the District and operated under agreement as the Art Centre Theatre (ACT). This property is being included due to a change made by B.C. Assessment. Adding these properties will have a minimal positive net impact on municipal finances All other applicants being recommended for a permissive tax exemption in 2014 also received the exemption in 2013. In accordance with the Community Charter and Council Policies 5.16 to 5.23, the properties listed in Bylaw No. 7016 - 2013 are recommended for property tax exemption for the 2014 taxation year. RECOMMENDATION: That "Maple Ridge Tax Exemption Bylaw No. 7016-2013" be given first, second and third readings. DISCUSSION: a) Background Context: The Community Charter provides for a general exemption from taxation over which Council does not have any legislative powers or authority. This includes properties such as schools, public hospitals, Page 1 of 4 1131 buildings set apart for public worship and provincial and municipally owned public buildings and land. B.C. Assessment determines which properties qualify for statutory exemption according to the Community Charter. Churches and Private Schools receive these automatic exemptions, over which Council has no control. However, the statutory exemption only provides for the church or school building and the land on which it stands, leaving any remaining land and improvements as taxable. In 1985 Council adopted a bylaw which grants automatic permissive exemptions for these properties. Church properties receive permissive exemption for an additional church hall and the entire parcel of land, to a maximum of 2.0335 hectares (5 acres). Buildings other than the church and church hall are subject to taxation. Private Schools receive permissive exemption for additional improvements and the entire parcel of land not included in the statutory exemption. The Community Charter also provides Council with statutory powers to exempt other certain properties from municipal taxation. For example, these can be land and improvements that are used by not for profit organizations that are deemed to contribute to the well being of the community or private institutions licensed under other legislation such as the Hospital Act, Community Care Facility Act or parts of the School Act. Permissive exemptions can also be granted by Council for heritage properties and portions of a property used for municipal purposes (e.g. parts of Planet Ice, the curling rink and the Ridge Meadows Senior Society). Council's policy direction is intended to prevent the downloading/off loading of services that are the responsibility of senior governments and to ensure local residents are not subsidizing residents from other municipalities. They also establish that where a permissive tax exemption is granted that all residents of Maple Ridge have access to the service provided and make certain that the property tax exemption does not provide for an unfair competitive advantage. The services provided by the organization are to be an extension of Municipal services and programs and fall under the responsibility of local government. A Tax Exemption Bylaw adopted by Council specifically applies to the Municipal tax levies on the Property Tax Notice. However at this time, the School Act and the Hospital District Act also provide for exemptions from other taxing authorities for properties included in the bylaw. The proposed taxation exemption bylaw must be publicly posted and included in a newspaper prior to its adoption. The notice will include a description of each property and the estimated tax exemption for 2014 plus the following two years. The District's Annual Report also includes information on the permissive exemptions granted. b) Desired Outcome: Council must adopt the Tax Exemption Bylaw on or before October 31, 2013 to exempt properties from municipal property taxation for 2014. c) Strategic Alignment: The sources of municipal revenue are limited and therefore, the District supports institutions, organizations and the community at large to enhance the quality of life to its residents. The granting of property tax exemptions to those applicants meeting the criteria of the policies are strategically aligned with: (i) Financial Management - cost effective and efficient delivery of services (ii) Community Relations - recognize and support the important contribution of volunteers and not for profit groups that provide services in Maple Ridge (iii) Safe & Livable Community - in partnership with community groups, assist in the provision of leisure and cultural services to ensure access by all citizens Page 2 of 4 d) Citizen/Customer Implications: Permissive exemptions are designed to support those services that complement District programs. Inadequate funding from senior governments sometimes results in agencies turning to local government for assistance. The sources of municipal funding are limited and providing exemptions to those groups that fall under the responsibility of senior governments is not feasible. All applicants that were approved for a permissive tax exemption for the 2013 taxation year are being recommended for a 2014 permissive tax exemption. An application was received from the Army, Navy and Air Force Veterans in Canada. In considering permissive exemption for this property at 22326 North Avenue the application was evaluated based on Council's policy direction to ensure that the programs provided are an extension of municipal services and that funding should fall under the responsibility of local government. The recommendation is to deny the permissive exemption application. An application was received from North Fraser Therapeutic Riding Association (NFTRA) for property leased at 13345 Park Lane. An application was also received last year and was subsequently denied. In considering the application last year it was noted that the programs provided were not considered an extension of municipal services and would in fact be an expansion of services which are not currently funded. There was also concern that providing exemptions to equestrian and other recreation programs could invite other applications resulting in a further increase in the tax burden against tax payers. In their application this year, NFTRA provided responses to those concerns however there have been no significant changes in their programs, District policies or municipal funding to consider a change in the recommendation. An application was received from Alouette Home Start Society for property leased from the District at 11932 - 221st St. This property was provided by the District for a 3 -year term at no cost to provide transitional housing for at risk youth. The property taxes for 2012 and 2013 were funded under the community grants program however Council may authorize a Permissive Tax Exemption which will in turn exempt the property from other taxing authorities resulting in a small positive net change in funding. The recommendation is to grant the permissive exemption and doing so does not create any additional tax burden for others. B C Assessment Authority advised us this year that the building and footprint of land occupied by the Arts Centre and Theatre (ACT) which form part of the downtown lands owned by the District will not be receiving the statutory exemption previously provided. The Arts Centre and Cultural Services Operating Agreement with the Maple Ridge Pitt Meadows Arts Council identifies that property taxes are the responsibility of the tenant. However, the terms of the lease and fee for service agreement would have been based on the ongoing assumption that the premises would be exempt of property taxes. Under the provisions in the Community Charter (Section 224(2)(d)), Council can provide a Permissive Exemption instead, thereby relieving the tenant of the unanticipated property tax expense. Business Plan/Financial Implications: Based on the 2013 assessed values, and using the estimated tax increase for 2014 from the financial plan, the estimated amount attributable to the 2014 proposed tax exemptions for the Municipal portion of taxes is $654,810. The total tax revenue estimate in the financial plan is $66,154,100, putting the proposed exemptions at less than 1% of that total. The estimated municipal portion of property taxes for 2014 for the properties not being recommended for exemption are $4,627 for Army, Navy and Air Force Veterans in Canada and $6,606 for North Fraser Therapeutic Riding Association. Page 3 of 4 e) Policy Implications: The applicants recommended for exemption are in accordance with the adopted policies. Council does have the discretion to make exceptions to existing policies on a case by case basis but doing so may create expectations for other community groups in the future. f) Alternatives: Granting tax exemptions leads to a tax shift to other taxpayers, most notably in the Residential Class. An option for Council is to provide a financial grant to assist those organizations providing community services that Council wishes to support. Grants are an annual budget decision and are limited to one year. Council has used this option from time to time. Providing grants does not relieve senior levels of government from their responsibility to the community. Therefore, the potential for downloading costs to the Municipality is somewhat reduced. CONCLUSIONS: In reviewing the requests for permissive exemptions, Council should consider that any increase in exemptions results in a shift of the tax revenue to be collected from the remaining taxable properties. Requests for financial assistance, whether in the form of a permissive tax exemption or community grant application must be considered in balance with the overall Financial Plan. Each permissive tax exemption application should be evaluated under the following criteria: 1. The use is consistent with Municipal policies, plans, bylaws, codes and regulations. This will ensure the goals, policies, and general operating principles of the Municipality as a whole are reflected in the organizations that receive Municipal support. 2. Exemptions are not given to services that are otherwise provided on a private, for profit basis. This would provide an unfair competitive advantage. 3. The services provided by the organization should be an extension of Municipal services and programs and must fall under the responsibility of local government. Senior government program costs must not be transferred to property taxpayers, as this would represent double taxation and an inequitable tax burden. 4. Primarily Maple Ridge residents should use the services and the organization's regulations must allow all Maple Ridge residents to participate. 5. The taxation burden resulting from the exemption must be a justifiable expense to the taxpayers of the Municipality. The sources of Municipal revenue are limited and request for exemption must be considered in concert with other needs of the Municipality. Additional details on the applications are available from the Finance Department. "Original signed by Kathleen Gormley" Prepared by: Kathleen Gormley Manager of Business Systems "Original signed by Paul Gill" Approved by: Paul Gill, BBA, CGA GM - Corp. & Fin. Services "Original signed J.L. (Jim) Rule" Concurrence: J.L. (Jim) Rule Chief Administrative Officer :kg Page 4 of 4 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW N0.7016 -2013 A Bylaw to exempt from taxation, certain properties within the Corporation of the District of Maple Ridge WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements; 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 Tax Exemption Bylaw No. 7016 -2013". 2. That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation: (a) Owned by the Ruskin Community Hall Roll No.: 94856-0000-8 28395 96th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $320,500 4,005.00 4,152.00 4,303.00 (b) Owned by the Girl Guides of Canada Roll No.: 05322-0300-1 26521 Ferguson Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $609,000 7,611.00 7,889.00 8,177.00 (c) Owned by the Scout Properties (B.C./Yukon) Ltd. Roll No.: 05299-0100-0 27660 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $1,108,000 13,847.00 14,353.00 14,877.00 (d) Portion of Land and Improvements owned by the Corporation of the District of Maple Ridge Leased to: Ridge Meadows Senior Society Roll No.: 52700-0001-0 12148 224th Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $3,592,000 45,382.00 47,039.00 48,756.00 (e) Owned by the Fraternal Order of Eagles, Maple Ridge Aerie #2831 Roll No.: 73878-0300-6 23461 132nd Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $564,100 7,050.00 7,307.00 7,574.00 3. That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation; and in accordance with Section 225(2)(e) of the Community Charter, the following land and improvements that are eligible golf course property, being land maintained as a golf course be exempt from taxation: (a) Owned by the Corporation of the District of Maple Ridge Leased to: Maple Ridge Golf Course Ltd. (Public Golf Course) Roll No.: 21238-1001-1 20818 Golf Lane 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $2,362,500 29,299.00 30,368.00 31,477.00 4. That in accordance with Section 224(2)(a) of the Community Charter, the following land and improvements that are owned or held by a charitable, philanthropic, or other not for profit corporation, and the council consider are used for the same purpose be exempt from taxation: (a) Owned by the Maple Ridge Search and Rescue Society Roll No.: 84120-0005-0 23598 105th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $601,000 7,593.00 7,870.00 8,158.00 -2- (b) Owned by the Corporation of the District of Maple Ridge Leased to: Alouette Home Start Society Roll No.: 42274-0000-4 11932 - 221 Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $405,000 1,792.00 1,857.00 1,925.00 5. That in accordance with Section 224(2)(d) of the Community Charter, the interest in land and improvements owned by a public or local authority that are being used by a corporation or organization that would be eligible for exemption if the land and improvements were owned by that corporation or organization, shall be exempt from taxation: (a) Owned by the Corporation of the District of Maple Ridge Leased to: The Society for the Prevention of Cruelty to Animals Roll No.: 84292-0257-0 10235 Jackson Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $2,613,000 33,013.00 34,218.00 35,467.00 (b) Owned by the Corporation of the District of Maple Ridge Leased to: Katie's Place Roll No.: 84292-0100-0 10255 Jackson Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $189,400 2,393.00 2,480.00 2,571.00 (c) Owned by the Greater Vancouver Sewerage and Drainage District Leased to: Ridge Meadows Recycling Society Roll No.: 84112-0001-0 10092 236th Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $1,076,000 13, 595.00 14,091.00 14,605.00 - 3 - (d) Owned by the Corporation of the District of Maple Ridge Leased to: Maple Ridge Pitt Meadows Arts Council Roll No.: 31711-1000-0 11944 Haney Place 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $11,502,051 145,321.00 150, 625.00 156,123.00 6. That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship, be exempt from taxation: (a) Owned by Wildwood Fellowship Church Roll No.: 05071-0100-5 10810 272nd Street Exempt 2013 Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $236,600 2,957.00 3,065.00 3,177.00 (b) Owned by Pt. Hammond United Church Roll No.: 10622-0100-0 11391 Dartford Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $120,300 1,503.00 1,558.00 1,615.00 (c) Owned by Christian & Missionary Alliance - Canadian Pacific District Roll No.: 20804-0401-1 20399 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $439,400 5,491.00 5,692.00 5,900.00 (d) Owned by the St. Pauls Evangelical Lutheran Church of Haney B.C. Roll No.: 20861-0100-4 12145 Laity Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $350,100 4,375.00 4,535.00 4,701.00 -4- (e) Owned by the St. John the Divine Anglican Church Roll No.: 20920-0100-1 21299 River Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $392,600 4,907.00 5,086.00 5,271.00 (f) Owned by Roman Catholic Archbishop of Vancouver Church Roll No.: 21140-0400-1 20285 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $651,000 8,136.00 8,433.00 8,741.00 (g) Owned by the Christian Reformed Church of Maple Ridge B.C. Roll No.: 21142-3300-3 20245 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $387,300 4,840.00 5,017.00 5,200.00 (h) Owned by the Burnett Fellowship Baptist Church Roll No.: 21190-0001-0 20639 123rd Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $291,200 3,639.00 3,772.00 3,910.00 (i) Owned by the President of the Lethbridge Stake (Mormon Church) Roll No.: 21255-0201-X 11750 207th Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $380,700 4,758.00 4,931.00 5,111.00 (j) Owned by the Trustees of the Maple Ridge East Congregation of Jehovah's Roll No.: 21335-2200-2 11770 West Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $406,200 5,077.00 5,262.00 5,454.00 - 5 - (k) Owned by First Church Christ Scientist Roll No.: 31678-0000-8 11916 222nd Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $190,600 2,382.00 2,469.00 2,559.00 (I) Owned by The Church of the Nazarene Roll No.: 41990-0000-8 21467 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $422,053 5,275.00 5,467.00 5,667.00 (m) Owned by the High Way Church Roll No.: 42162-0000-X 21746 Lougheed Highway 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $458,200 5,726.00 5,935.00 6,152.00 (n) Owned by the Trustees of the Congregation of the Haney Presbyterian Church Roll No.: 42176-0000-8 11858 216th Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $510,900 6,385.00 6,618.00 6,860.00 (o) Owned by the Trustees of St. Andrews Congregation of the United Church of Canada Roll No.: 42249-0100-6 22165 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $1,315,000 16,434.00 17,034.00 17,656.00 (p) Owned by M.R. Baptist Church Roll No.: 42331-0100-1 22155 Lougheed Highway 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $3,661,700 45,762.00 47,433.00 49,164.00 -6- (q) Owned by the Trustees of Webster's Corner United Church Roll No.: 63029-0100-5 25102 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $232,600 2,907.00 3,013.00 3,123.00 (r) Owned by Pentecostal Assemblies of Canada Roll No.: 63163-2300-2 11756 232nd Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $765,000 9,561.00 9,910.00 10,271.00 (s) Owned by Lord Bishop of New Westminster (St. John Evangelical) Roll No.: 94720-0001-0 27123 River Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $447,500 5,593.00 5,797.00 6,008.00 (t) Owned by Ruskin Gospel Church Roll No.: 94803-0100-3 28304 96th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $255,600 3,194.00 3,311.00 3,432.00 (u) Owned by Roman Catholic Archbishop of Vancouver Roll No.: 52788-0000-8 22561 121St Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $273,700 3,421.00 3,545.00 3,675.00 (v) Owned by The B.C. Conference of the Mennonite Brethren Churches Inc. Roll No.: 20762-0305-0 20450 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $2,153,000 26,907.00 27,889.00 28,907.00 -7- (w) Owned by The Parish of St. George, Maple Ridge Roll No.: 63157-2001-1 23500 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $336,300 4,203.00 4,356.00 4,515.00 (x) Owned by Generations Christian Fellowship and Colleen Findlay Foundation Roll No.: 21034-0000-8 11601 Laity Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $832,000 10,398.00 10,777.00 11,171.00 (y) Owned by Apostles of Infinite Love, Canada Roll No.: 94906-0000-3 27289 96th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $215,000 2,687.00 2,785.00 2,887.00 (z) Owned by Timberline Ranch Roll No.: 52982-0000-X 22351 144th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $30,700 384.00 398.00 412.00 7. That in accordance with Section 224(2)(g) of the Community Charter, land or improvements used or occupied by a religious organization, as tenant or licensee, for the purpose of public worship or for the purposes of a hall that the council considers is necessary to land or improvements so used or occupied, be exempt from taxation: (a) Leased by Maple Ridge Vineyard Christian Fellowship Roll No.: 31594-0000-1 22336 Dewdney Trunk Road 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $550,000 5,539.00 5,741.00 5,950.00 -8- (b) Leased by Cornerstone Neighbourhood Fellowship Baptist Church Roll No.: 94940-0100-X 9975 272nd Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $1,217,000 15, 210.00 15, 765.00 16,340.00 8. That in accordance with Section 224(2)(h) of the Community Charter, in relation to property that is exempt under section 220(1)(1) [private schools], any area of land surrounding the exempt building shall be exempt from taxation: (a) Owned by Haney - Pitt Meadows Christian School Association Roll No.: 20806-0400-0 12140 203rd Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $490,400 6,196.00 6,422.00 6,656.00 (b) Owned by Meadowridge School Society Roll No.: 63414-0002-0 12224 240th Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $952,000 12,028.00 12,467.00 12,922.00 (c) Owned by Roman Catholic Archbishop of Vancouver Roll No.: 52788-0000-8 22561 121St Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $258,000 3,260.00 3,379.00 3,502.00 9. That in accordance with Section 225(2)(b) of the Community Charter the following Heritage lands and improvements shall be exempt from taxation: (a) Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney House) Roll No.: 31790-0000-4 11612 224th Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $462,000 2,044.00 2,119.00 2,196.00 -9- (b) Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney Brick Yard Office & Haney Brick Yard House) Roll No.: 31962-0502-3 22520 116th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $575,000 7,265.00 7,530.00 7,805.00 (c) Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (St. Andrew's United Church) Roll No.: 31428-0000-1 22279 116th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $202,000 2,552.00 2,645.00 2,742.00 (d) Owned by the Corporation of the District of Maple Ridge Leased to: Fraser Information Society (Old Japanese School House) Roll No.: 31492-0000-3 11739 223rd Street 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $260,900 3,296.00 3,417.00 3,541.00 (e) Owned by Prince David Temple Society (Masonic Lodge) Roll No.: 31429-0100-0 22272 116th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $377,500 4,769.00 4,944.00 5,124.00 10. That in accordance with Section 224(2)(c) of the Community Charter, "land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a secondary use", the council may, by the adoption of a by-law, determine the proportions of the land and improvements that are to be exempt and taxable; and Section 224(2)(i) of the Community Charter, land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes, shall be exempt from taxation as by the proportions set in accordance with Section 224(2)(c) of the Community Charter. - 10 - (a) Land and Improvements owned by the Corporation of the District of Maple Ridge, Herein called Cam Neely Arena, shall be exempted from 90% of taxation Roll No.: 84120-0002-0 23448 105th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $3,787,200 47,849.00 49,595.00 51,405.00 (b) Land and Improvements owned by the Corporation of the District of Maple Ridge, Herein called The Golden Ears Winter Club, shall be exempted from 95% of taxation Roll No.: 84120-0004-0 23588 105th Avenue 2013 Exempt Assessed Value Estimated 2014 Exemption Estimated 2015 Exemption Estimated 2016 Exemption $2,902,060 36,666.00 38,004.00 39,391.00 Included within each of the exemptions 10(a) and 10(b) is a proportionate share (based on the square footage areas of Cam Neely Arena, The Golden Ears Winter Club, and the remainder of the building) of all entrances, lobbies, change rooms, stairs, elevators, hallways, foyers and other common use areas of the lands and improvements. 11. The exemptions from taxation as herein before noted applies for the year 2014. 12. The exemptions granted by this bylaw are without prejudice to any claim for entitlement to exemption based on any other provisions of the Community Charter or any other legislation. READ a first time the day of , 2013. READ a second time the day of , 2013. READ a third time the _ day of , 2013. RECONSIDERED AND ADOPTED the day of , 2013. PRESIDING MEMBER CORPORATE OFFICER - 11 - ;MAPLE RIDGE BritithCotumbia: District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 9, 2013 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First Nations - Proposed Federal Additions-to-Reserve/Reserve Creation Policy EXECUTIVE SUMMARY: The Federal Government has an Additions -to -Reserve policy that was last updated in 2001, and in May 2013, draft amendments to this policy were issued. Metro Vancouver's Aboriginal Relations Committee has reviewed the proposed changes and has identified some serious implications for Local Governments. The concerns are summarized in the attached August 20, 2013 staff report from the Corporation of Delta. The Union of BC Municipalities has requested feedback on the proposed revisions so that a consolidated member response can be forwarded to the Federal Government. RECOMMENDATION(S): That Council write to the Union of BC Municipalities expressing concerns with draft Additions-to- Reserve/Reserve Creation Policy, as outlined in the attached August 20, 2013 staff report from the Corporation of Delta. CONCLUSION: While the ATR Policy is intended to streamline the additions to Reserve process, it may have serious implications for local governments. We should express these concerns through UBCM so that they can urge the Federal Government to ensure that local governments to not face undue hardships as result of Federal policy changes. Pr areN)y: Paul Gill, GM: Corporate &.Fina ial Services Concurrent J.L. (Jim) Rule 11Page Chief Administrative Officer 1132 To: Mayor and Council The Corporation of Delta COUNCIL REPORT Regular Meeting From: Human Resources and Corporate Planning Department Date: August 20, 2013 F.10 Proposed Federal Additions-to-Reserve/Reserve Creation Policy The following report has been reviewed and endorsed by the Chief Administrative Officer. ■ RECOMMENDATIONS: A. THAT the Mayor write a letter to the Minister of Aboriginal Affairs and Northern Development Canada expressing Delta's concerns with the 2013 draft Additions- to-Reserve/Reserve Creation Policy, substantially in the form of Attachment A. B. THAT a copy of this report be sent to the Premier, the Minister of Aboriginal Relations and Reconciliation, MP Kerry -Lynne Findlay, MP Jinny Sims, MLA Scott Hamilton, MLA Vicki Huntington, UBCM and the Metro Vancouver Aboriginal Relations Committee. C. THAT an Additions-to-Reserve/Reserve Creation Policy resolution be submitted to the Federation of Canadian Municipalities for consideration. • PURPOSE: The purpose of this report is to identify Delta's concerns associated with the proposed Federal Additions to Reserve/Reserve Creation Policy. ■ BACKGROUND: The federal government developed an Additions -to -Reserve Policy ("ATR Policy") in 1072 and last updated it in 2001. The ATR Policy sets out the conditions and issues to be addressed before land can be added to Indian Reserve ("Reserve"), The ATR Policy was created to fill a legislative gap, as additions to Reserves are not addressed in the Indian Act or other federal legislation. Under the 2001 ATR Policy, a parcel of land can be added to an existing Reserve to accommodate community growth and to meet social needs and legal obligations. Lands have been added to Reserves over time for many reasons, including more recently, for economic development purposes. In recent years, First Nations have raised concerns regarding the ATR Policy describing it as complex, ineffective, time-consuming and unduly restrictive. In response to this criticism, the federal government and Standing Senate Committee on Aboriginal Peoples Page 2of5 Proposed Federal Additions-to-Reserve/Reserve Creation Policy August 20, 2013 ("Senate Committee") initiated a review of the ATR Policy in 2010. In February 2012, the Senate Committee invited First Nations to provide input on the ATR Policy process; this invitation was not extended to local or regional governments. In November 2012, the Senate Committee released an additions to Reserve related report titled, Additions to Reserve: Expediting the Process summarizing the ATR Policy revision proceedings. In May 2013, Aboriginal Affairs and Northern Development Canada (AANDC) released a draft Additions to Reserve/Reserve Creation Policy ("draft ATR Policy") and requested comment from First Nations and other interested parties by September 30, 2013 (Attachment B). The UBCM recently sent a media release to local governments advising of the proposed ATR Policy revisions. UBCM members were requested to provide UBCM with any feedback submitted to AANDC so that this feedback could also be used in a consolidated member response (Attachment C). The Metro Vancouver Aboriginal Relations Committee has also advised member municipalities of the ATR Policy revisions and has requested that members provide the Committee with feedback for its response by September 20, 2013. ■ DISCUSSION: The proposed revisions to the ATR Policy are intended to streamline the additions to Reserve proposal process and remove duplication, clarify roles and responsibilities, and facilitate economic development for First Nations. However, while working to improve the process for First Nations, the proposed changes to the ATR Policy may have drastic implications for local governments. The ATR Policy revisions has effectively reduced the policy from 73 pages (2001 Policy) to 31 pages (2013 Draft Policy) — this has left gaping holes in the consultation section while offering a fast -tracked economic development opportunity for First Nations. The following provides a summary of key local government concerns that Delta staff, in consultation with UBCM and Metro Vancouver have identified: Reasons for Additions: the draft ATR Policy allows First Nations to add to an existing Reserve for economic development purposes. This is a major policy shift which may encourage First Nation acquisition of lands currently held under Local Government jurisdiction. This will likely cause multiple concerns for Local Governments, including legal, jurisdictional, fiscal, and service provision. 2. Location of Reserve Lands: the draft ATR Policy allows First Nations to add lands to Reserve even where the land is outside the First Nation's Traditional or Treaty Territory, as long as the majority of the First Nation's existing Reserve land is located within the Province or Territory. Local Governments may be faced with competing First Nations from across the province purchasing fee simple land outside their traditional territory to add to Reserve, likely for economic development purpose. 3. Land Use: when an addition to Reserve has been approved, Local Government land use bylaws, zoning and related enforcement would no longer be applicable on land. The First Nation has the authority to determine how to use their Reserve lands according to the needs and interests of the community. As a prerequisite to addition to Reserve approval, First Nations must negotiate areas of joint land use planning and bylaw harmonization with neighbouring Local Governments. However, Page 3 of 5 Proposed Federal Additions-to-Reserve/Reserve Creation Policy August 20, 2013 agreement with a Local Government is ultimately not necessary. Business owners and individuals that rent/lease land that forms part of lands added to Reserve will find themselves under new jurisdiction. It is unclear how this policy will impact the Provincial Agricultural Land Reserve ("ALR") as it is not mentioned in the policy document. However, as this is Federal jurisdiction with no Provincial or Local Government veto power, it is realistic to be concerned about ALR designations on lands added to Reserve. 4. Local Government Consultation: under the draft ATR Policy, when land to be set aside as Reserve is within or adjacent/abutting a Local Government, the First Nation must notify the Local Government in order to provide an opportunity to assess the impact to existing land use plans and service delivery; however, Local Governments no longer have a three month timeframe in which to provide a formal response (note: the Province is still provided this benefit). It is unclear whether Local Government input will even be considered regardless of the timeframe. 5. No Veto Power — the Province and Local Governments have no general or unilateral veto to a Reserve Creation Proposal. 6. First Nation -Local Government Agreements — it is expected under the draft ATR Policy that the First Nation and Local Government will reach an agreement to service addition to Reserve land, yet there is no requirement to reach consensus and the policy does not provide for dispute resolution. Both parties are to "negotiate in good will, good faith and reasonableness". Further complicating this issue, Regional Districts are not obligated to provide utilities to any entities other than member municipalities. 7. Net Tax Loss — local governments will need to negotiate adjustments for net tax loss once land is transferred from the Local Government to the First Nation; however, the draft ATR Policy indicates that the adjustments are not intended to provide indefinite compensation. The draft ATR Policy does not specify a timeframe for how long adjustments should extend or a formula for compensation; thus, Local Governments will be fiscally impacted by the eventual loss of tax revenue. In addition, the Federal Government may approve the addition to Reserve even if the Local Government and First Nation do not agree on tax loss compensation. The Federal policy does not require the First Nation to pay compensation in all circumstances. Delta Context: Any First Nation with the majority of their Reserve lands in BC could purchase land within Delta from a willing private seller and apply to have this land included as part of their Reserve. The Corporation of Delta would not have a veto over the granting of Indian Reserve status and municipal consent is not required for an addition to Reserve to take place. The Corporation of Delta would review an addition to Reserve proposal and would have the ability to try and negotiate for lost revenue (e.g., municipal tax loss). However, the federal government can approve an addition to Reserve regardless of whether a revenue agreement was reached between the Corporation of Delta and the First Nation. Page 4 of 5 Proposed Federal Additions-to-Reserve/Reserve Creation Policy August 20, 2013 It is unclear as to whether the municipality or Metro Vancouver would be obligated to provide the required services to ATR lands. In addition, it is unclear if lands currently held within the ALR could be removed from the ALR during the addition to Reserve process. The federal ATR Policy does not apply to Tsawwassen First Nation, as Tsawwassen is a treaty First Nation. However, Tsawwassen First Nation does have a process under its 2009 Treaty Final Agreement for adding land to its Treaty Settlement Lands. Essentially, Tsawwassen can add lands that it owns in fee simple to Tsawwasen Lands once every 5 years. Tsawwassen has rights of first refusal on the Brunswick Point Lands and within the first 50 years of the Treaty these lands can be added to Tsawwassen Lands. After 50 years Tsawwassen can apply to have any Brunswick Point or other fee simple lands added to Tsawwassen Lands if the lands are owned in fee simple, within Tsawwassen Territory and with the municipalities consent. Included as Attachment D, is the Tswwassen Final Agreement Addition to Tsawwassen Lands section. The process outlined in the Tsawwassen Final Agreement is more considerate of all parties needs as opposed to that being suggested by the Federal ATR policy. MP Kerry -Lynne Findlay, Mayor Jackson and Chief Administrative Officer George Harvie Discussions: In recent discussions with Mayor Lois E. Jackson and Mr. Harvie, MP Findlay had identified issues with previous attempts of the Musqueam Indian Band to add lands to their Reserve. Though it was a different process it highlights some potential concerns. Musqueam Indian Band had tried to include lands into their Reserve without applying through the additions to Reserve process. In the late 1990s, the Musqueam attempted to include three properties at the North Arm of the Fraser River to their Reserve by interpreting the Indian Act in such a way that would see the parcels included as Musqueam Reserve lands. The BC Supreme Court ruled that only the federal Crown had the ability to convert land into Reserve land. An Appeal on this decision was held and the case was dismissed. There is no reference in the court proceedings that the Musqueam ever submitted an addition to Reserve application for these properties. The proposed changes to the ATR Policy will likely make such additions to Reserve easier and more compelling for First Nations. Subsequently, Mayor Lois E. Jackson has publicly commented on her concerns for the potential of a shrinking municipal land and tax base if Delta lands are added to First Nation Reserves (Attachment E). Implications: Financial Implications — there are no financial implications associated with the adoption of this report. • CONCLUSION: The Federal Government is proposing changes to the Addition to Reserves/Reserve Creation Policy. Staff have reviewed a draft version and have serious concerns for the potential implications to Delta and other Local Governments. These concerns have been summarized for Council's information. Page 5of5 Proposed Federal Additions-to-Reserve/Reserve Creation Policy August 20, 2013 Sean McGiII Director of Human Resources and Corporate Planning Department submission prepared by: Paula Kolisnek, Senior Policy Analyst ■ ATTACHMENTS: A. Letter from Mayor Jackson to the Minister of Aboriginal Affairs and Northern Development Canada B. Draft Reserve/Addition to Reserve Policy C. UBCM Media Release D. Tsawwassen Final Treaty — Addition to Tsawwassen Lands E. Newspaper article, Mayor's concerns ATTACHMENT 'A' Page 1 of 2 August 26, 2013 The Honourable Bernard Valcourt Minister of Aboriginal Affairs and Northern Development Dear Minister, Re: Proposed Federal Additions-to-Reserve/Reserve Creation Policy The proposed revisions to the Policy on Additions to Reserve/Reserve Creation are cause for great concern to The Corporation of Delta and its residents. The enclosed staff report describes Delta's concerns, but briefly they are as follows: • potential additions to Reserves for economic development purposes; • potential additions to Reserves outside the First Nation's Traditional Territory; • land use concerns, particularly related to BC's Agricultural Land Reserve; • elimination of the opportunity for local governments to submit a formal response when land is set aside as Reserve; • lack of provincial or local government veto power against a Reserve Creation Proposal; • lack of a dispute resolution process for the negotiation of service agreements; and • net tax loss to local governments due to the lack of indefinite tax loss adjustments. The importance of these issues to Delta cannot be understated. We remain deeply concerned about the proposed revisions to the Policy on Additions to Reserve/Reserve Creation and are asking for your assistance to ensure that local governments do not face undue hardship as a result of the policy changes. Thank you for your consideration of this important matter. Yours truly, Lois E. Jackson Mayor Enclosure cc: The Honourable Christy Clark, Premier of British Columbia ATTACHMENT 'A' Page 2 of 2 The Honourable John Rustad, Minister of Aboriginal Relations and Reconciliation The Honourable Kerry -Lynne Findlay, Minister of National Revenue Jinny Sims, MP, Newton -North Delta Scott Hamilton, MLA, Delta North Vicki Huntington, MLA, Delta South Union of British Columbia Municipalities Metro Vancouver Aboriginal Relations Committee George V. Harvie, Chief Administrative Officer Sean McGill, Director of Human Resources and Corporate Planning ATTACHMENT 'B' Page 1 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31 2013 Aboriginal Affairs and Northern Development Canada Land Management Manual, Chapter 10 Additions to Reserve/Reserve Creation DRAFT 2013 Contents Page Directive 10 — 1: Policy on Additions to Reserve/Reserve Creation 3 1.0 Effective Date 3 2.0 Application (Purpose) 3 3.0 Interpretation 3 4.0 Context 4 Order in Council 4 Ministerial Order 4 5.0 Policy Statement 4 6.0 Objectives 4 7.0 Principles 5 8.0 Categories of Reserve Creation 5 Legal Obligations and Agreements 5 Community Additions 6 Tribunal Decisions 6 9.0 Selection Area 6 10.0 Reserve Creation Proposals 7 11.0 Proposal Assessment 7 12.0 Financial lmplications 7 13.0 Community Consent 8 14.0 Roles and Responsibilities 8 15.0 Policy Assessment and Review 8 16.0 Legislation and Related Policy Instruments 9 Legislation 9 Related Policy Instruments 9 17.0 Enquiries 10 Annex A — Reserve Creation Proposal Criteria 11 Duty to Consult - Aboriginal or Treaty Rights 11 Environmental Management 11 Improvements on Reserve Land 13 Other Federal Government Departments/Agencies 14 ATTACHMENT 'B' Page 2 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 Existing Encumbrances 14 Third Party Access 14 Land Descriptions 15 Provincial Considerations 15 Local Governments 16 Annex B — Special Circumstances Policy Requirements 19 Accretion/Erosion 19 Natural Disasters 19 Subsurface Rights 20 Partial Subsurface Interest Additions 20 Small Mineral Additions 21 Correcting a Reserve Creation OIC or MO 22 Special Reserves under Section 36 of the Indian Act 22 Joint Reserves 22 Annex C — Definitions 25 Directive 10 — 2: Reserve Creation Process 27 1.0 Effective Date 27 2.0 Application 27 3.0 References 27 4.0 Objectives 27 5.0 Requirements and Responsibilities 27 Phase 1 - Reserve Creation Proposal Development 27 Phase 2 - Letter of Support 28 Phase 3 - Reserve Creation Proposal Completion 29 Phase 4 - Reserve Creation Recommendation 30 6.0 Directive Assessment and review 30 7.0 Enquiries 31 8.0 Annexes (for templates, checklists) 31 21Page Draft Additions to Reserve/RCreation Policy ATTACHMENT 'B' Page 3 of 31 May 31, 2013 Directive 10 - 1: Policy on Additions to Reserve/Reserve Creation 1.0 Effective Date 1.1 This Policy on Additions to Reserve/Reserve Creation (the "Policy" or the "Additions to Reserve/Reserve Creation Policy") is issued under the authority of the Minister of Indian Affairs and Northern Development (hereinafter called "the Minister of Aboriginal Affairs and Northern Development Canada" or "the Minister"). This Policy shall be administered by the Department of Indian Affairs and Northern Development (hereinafter called "Aboriginal Affairs and Northern Development Canada" or "AANDC"). This Policy received approval on XXXX, and is effective as of XXXX. 1.2 This Policy is Chapter 10 of AANDC's Land Management Manual (the "Manual"). It includes all the directives contained in this Chapter including their annexes. It replaces all prior policies, interim policies, directives, standards, procedures and guidelines relating to Reserve Creation, including Additions to Reserve. 1.3 In this Policy, the term Reserve Creation is used to refer to both Additions to Reserve and the creation of New Reserves. 2.0 Application (Purpose) This Policy applies to employees of AANDC and provides guidance to First Nations with respect to the assessment, acceptance and implementation of Reserve Creation Proposals, including First Nations operating under the First Nations Land Management Act. 3.0 Interpretation 3.1 Definitions used in this Policy are found in Annex C. 3.2 Any reference in this Policy to a statute or regulation includes any amendment to that statute or regulation from time to time and any successor statute or regulation. 3 I P ATTACHMENT 'B' Page 4 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 3.3 Any reference to a policy, directive, standard, procedure or guideline includes any amendment to that policy, directive, standard, procedure or guideline made from time to time. 4.0 Context 4.1 Orders in Council The authority of the Governor in Council to grant Reserve status flows from the Royal Prerogative, which is a non -statutory authority. There is no statutory authority under the Indian Act to set apart land as a Reserve. Typically, lands must first be acquired or converted to federal title by Canada under the Federal Real Property and Federal Immovables Act, and then granted Reserve status by federal OIC on the recommendation of the Minister of AANDC. 4.2 Ministerial Orders Other authorities to set apart land as Reserve are found in the Manitoba Claim Settlements Implementation Act and the Claim Settlements (Alberta and Saskatchewan) Implementation Act. These allow for Reserve Creation in the provinces of Alberta, Saskatchewan and Manitoba by MO without the requirement for an OIC. 5.0 Policy Statement Reserve Creation may be used to fulfill Canada's legal obligations, and may further serve a broader public interest by supporting the community, social and economic objectives of First Nations by expanding a First Nation's land base. 6.0 Objectives This Policy is intended to: a) Provide clear policy direction for Reserve Creation. b) Promote consistent assessment, acceptance and implementation of Reserve Creation Proposals where possible. c) Consider the interests of all parties and find opportunities for collaboration where possible. d) Streamline the process for Reserve Creation Proposals. 4 I P e ATTACHMENT 'B' Page 5 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 7.0 Principles The following principles must be respected in the application of this Policy: a) Nothing in this Policy constitutes a guarantee that any Reserve Creation Proposal will ultimately result in a particular parcel of land being set apart as Reserve. The final decision to set apart land as Reserve rests with the Governor in Council or the Minister. See clause 4.0 (Context). AANDC will consider the potential or established Aboriginal or Treaty rights of First Nation, Metis and Inuit peoples before setting apart lands as Reserve. c) The views and interests of provincial, territorial and local governments will be considered, and collaboration between the First Nations and those governments will be encouraged on issues of mutual interest and concern. d) Options to address third party interests or rights on lands will be identified when considering Reserve Creation Proposals. e) Reserve Creation Proposals will make cost effective use of financial resources. f) The environmental condition of land proposed for Reserve Creation will be acceptable for its intended use, and will comply with applicable federal requirements, including requirements for land acquisition as defined by Treasury Board policy. g) The use and development of community and land use planning tools is encouraged to assist First Nations in planning for land acquisition and Reserve Creation, and to facilitate land management after Reserve Creation. 8.0 Categories of Reserve Creation To be eligible under this Policy, a Reserve Creation Proposal must fit within one of the following three categories: 8.1 Legal Obligations and Agreements - Where there is a legal obligation or an Agreement that contemplates Reserve Creation including: Draft Additions to Reserve/Res ATTACHMENT 'B' Page 6 of 31 e Creation Policy May 31, 2013 a) Settlement Agreements; b) Land exchange Agreements; c) Land transactions with a reversionary interest to the First Nation; d) Agreements for returns of former Reserve land where there is no express reversionary interest; e) Agreements with landless Bands; f) Agreements for the relocation of communities or the establishment of new Reserves. 8.2 Community Additions — Where a First Nation with an existing Reserve needs additional Reserve land for any of the following purposes: a) Residential, institutional, recreational uses, to accommodate community growth; b) Use or protection of culturally significant sites; c) Economic development; d) Geographic enhancements to improve the functioning of existing Reserve base; e) Where the First Nation has entered into a legally binding agreement with the Province ora Local Government or a corporation that is empowered by law to take or to use lands, and Canada is not a party to the agreement but agrees to implement those provisions of the agreement. This may include transactions under section 35 of the Indian Act. 8.3 Tribunal Decisions - Where a First Nation seeks to re -acquire or replace lands that were the subject of a Specific Claim. The specific claims tribunal under the Specific Claims Tribunal Act only has the authority to award compensation to First Nations. Reserve Creation Proposals will be considered where lands will be acquired with compensation awarded by the specific claims tribunal for decisions that establish a failure to fulfill a legal obligation of the Crown to provide lands under a treaty or another Agreement, or a breach of a legal obligation arising from the Crown's provision or non -provision of Reserve lands, or an illegal disposition by the Crown of Reserve lands. 9.0 Selection Area 9.1 The Proposed Reserve Land should normally be located within a First Nation's treaty or traditional territory. 9.2 Proposed Reserve Land may be outside the First Nation's treaty or traditional territory, provided the Proposed Reserve Land is within the Province or territory where the majority of the First Nation's existing Reserve land is located. 6Page Draft Additions to Reserve/Reserve Creation Policy 10.0 Reserve Creation Proposals ATTACHMENT 'B' Page 7 of 31 May 31, 2013 10.1 In order for Reserve Creation to be considered under this Policy, a First Nation must provide a Reserve Creation Proposal that satisfies the minimum proposal requirements set out in Directive 10 — 2: Reserve Creation Process. 10.2 Before submitting a Reserve Creation Proposal to the Governor -in -Council or the Minister for acceptance, all relevant Reserve Creation Proposal criteria set out in Annex A and all relevant special circumstances requirements set out in Annex B, all as identified in a Letter of Support, must be met. 11.0 Proposal Assessment 11.1 AANDC will review the Reserve Creation Proposal in accordance with Directive 10-2: Reserve Creation Process. 11.2 If a proposal will be supported, AANDC will identify in the Letter of Support the relevant criteria that must be satisfied before AANDC will recommend that the Proposed Reserve Lands be set apart as a Reserve. 11.3 AANDC will provide a written explanation for any Reserve Creation Proposal that will not be supported. 12.0 Financial Implications 12.1 In the absence of an Agreement or other arrangement providing funding, AANDC is not obligated by this Policy to provide funding for Reserve Creation activities, including: a) Land acquisition, b) Surveys, c) Environmental costs including but not limited to assessment activities, remediation and monitoring/mitigation activities, d) Transactional costs associated with land acquisition, e) Incremental costs resulting from negotiations with Local Governments, and f) Any additional funding for infrastructure, housing, or other capital costs. 12.2 AANDC must identify any foreseeable financial implications for Canada, as well as potential sources of funding before a Letter of Support is issued. 71P�.� ATTACHMENT 'B' Page 8 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 13.0 Community Consent 13.1 Where community consent is required for Reserve Creation the following applies: a) A Band Council Resolution (BCR) is required for all Reserve Creation Proposals, b) In the limited circumstances where a Band vote is required under this policy, a vote will be held in accordance with the Indian Referendum Regulations, and will be decided by a majority of those eligible electors of each participating First Nation who voted (simple majority), and c) A First Nation may choose to establish a higher threshold for community consent for the conduct of these votes. 14.0 Roles and Responsibilities 14.1 The Minister is responsible for: a) The decision to approve Reserve Creation through the issuance of a MO, or b) The decision to recommend Reserve Creation where the Reserve will be created by 010. 14.2 The Deputy Minister is responsible for the administration of the Additions to Reserve/Reserve Creation Policy. 14.3 The role of the Regional Director General is to review and consider whether to issue a Letter of Support. 15.0 Policy Assessment and Review 15.1 Within five years from the effective date of this Policy, AANDC Headquarters, Lands and Economic Development, Lands and Environmental Monitoring Branch (LEMB) will conduct a review of the effectiveness of this Policy. 15.2 The effectiveness of the Policy will be examined by AANDC using the results of assessment activities undertaken for the Policy directives and other instruments that flow from it. LEMB will identify and undertake any additional monitoring and assessment activities as necessary to undertake an effective policy review. 8 1 I ATTACHMENT 'B' Page 9 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 201 16.0 Legislation and Related Policy Instruments The following lists some of the legislation and policy instruments applicable to the Additions to Reserve/Reserve Creation Policy. The list is not exhaustive. Other legislation and policy instruments may apply. 16.1 Legislation a) The Indian Act; b) The Constitution Acts; c) Manitoba Claim Settlements Implementation Act and the Claim Settlements (Alberta and Saskatchewan) Implementation Act; d) The Federal Real Property and Federal Immovables Act, and regulations; e) Canadian Environmental Assessment Act 2012 (CEAA 2012) and regulations; f) The Species at Risk Act; g) Canada Lands Surveys Act and regulations; h) Indian Lands Agreement (1986) Confirmation Act, 2010 (Statutes of Ontario); i) Indian Lands Agreement Act (1986); j) Specific Claims Tribunal Act; k) First Nation Statistical and Financial Management Act; 1) First Nations Commercial and Industrial Development Act; m) Canadian Environmental Protection Act. 16.2 Related Policy Instruments a) AANDC's Land Management Manual; b) AANDC's New Bands and Band Amalgamations Policy ; c) Chapter 12 of AANDC's Land Management Manual (Environmental Obligations); 9 1 P ATTACHMENT 'B' Page 10 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 d) Treasury Board Secretariat Policy on Management of Real Property; e) AANDC's Indian Lands Registration Manual; f) AANDC's Specific Claims Policy; g) Geographical Names Board of Canada; Principles and Procedures for Geographic Naming, 2011; Public Works and Government Services Canada, ISBN 978-1-100-52417-7; h) First Nation Taxation Commission and Federation of Canadian Municipalities for information on First Nation/municipal tax/service agreements and models; Framework Agreement between Lands and Trust Services, AANDC and Legal Surveys Division, Natural Resources Canada, February 25, 2009, registered in the Indian Land Registry under Instrument No. 258930, for the type of land description requirements for Reserve land transactions, including additions/new Reserves. 17.0 Enquiries For information on this Policy or to obtain any of the above -noted references, please contact: Aboriginal Affairs and Northern Development Canada Terrasses de la Chaudiere 10 Wellington, North Tower Gatineau, Quebec Postal Address: Ottawa, Ontario KIA OH4 Email: InfoPubs(a�aadnc-aandc.gc.ca Phone: (toll-free) 1-800-567-9604. Fax: 1-866-817-3977 TTY: (toll-free) 1-866-553-0554 101['' ATTACHMENT 'B' Page 11 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 Directive 10 — 1: Annex A Reserve Creation Proposal Criteria The criteria that apply to all Reserve Creation Proposals within the categories set out in clause 8.0 of Directive 10-1 of the Policy include, but are not limited to: 1.0 Duty to Consult - Aboriginal or Treaty Rights 1.1 As provided in clause 7.0(b) of the Policy, AANDC will consider the potential or established Aboriginal or Treaty rights of First Nation, Metis and Inuit peoples before setting apart lands as Reserve. 1.2 Before Reserve Creation, AANDC will assess whether the Crown has met its duty to consult (where the duty exists) with First Nation, Metis and Inuit peoples, as applicable, whose Aboriginal or treaty rights may be adversely impacted by Crown action related to the Reserve Creation. AANDC will follow the applicable policies and guidelines of the Government of Canada relating to consultation as they exist from time to time when considering a Reserve Creation Proposal. 1.3 This assessment may also include examination of any prior consultations by other parties. 2.0 Environmental Management (see Chapter 12 of the Manual) 2.1 Definitions In this clause, a) "Applicable Environmental Standard" means the standard established to determine whether the environmental condition of land (including water and sediments) is suitable for the intended land use. The standard for such a determination is the standard established by the Canadian Council of Ministers of the Environment ("CCME"), or in the absence of a CCME standard, the provincial standard in the Province in which the Reserve is being created. b) "Indemnification Agreement" means an Agreement that sets out terms satisfactory to AANDC on the following matters: a release of Canada from liability for any existing and future claims relating to the environmental condition of the Proposed Reserve Land; an indemnity by the First Nation against such claims; agreement by the First Nation to impose appropriate 11 1 1' <a 12 e ATTACHMENT 'B' Page 12 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 land use restrictions through land use plans and by-laws; provision of funds or security for remediation; any necessary ongoing monitoring or future remediation requirements; and any other conditions deemed necessary by AANDC in the circumstances. 2.2 General Policy It is the policy of AANDC to avoid the acquisition of contaminated land for Reserve Creation. Acquisition of contaminated land will only be considered where the level of Contamination is consistent with the intended use, the risks to human health and the environment are minimal, the risks to Canada are manageable, and there is a strong business case supporting Reserve Creation. 2.3 Environmental Site Assessment a) An Environmental Site Assessment must be conducted in accordance with Chapter 12 of the Manual to determine the environmental condition of the Proposed Reserve Land. The Environmental Site Assessment identifies past or present activities that might have adversely affected the environmental condition of the Proposed Reserve Land. The Environmental Site Assessment should include information on the nature, scope and limitations of the assessment. b) If AANDC prepares or contracts for the preparation of the Environmental Site Assessment, AANDC shall provide a copy of it to the First Nation. If the First Nation contracts for the preparation of the Environmental Site Assessment, the First Nation shall provide a copy of it to AANDC. c) If the Environmental Site Assessment identifies some contamination, but determines that the environmental condition of the Proposed Reserve Land meets the Applicable Environmental Standard for its intended use following Reserve Creation, AANDC may consider recommending Reserve Creation provided that: in the case of industrial or commercial use, a lease will be put in place containing environmental terms and a federal regulatory regime is in place to govern the use following Reserve Creation; ii. the First Nation is fully apprised of the condition of the Proposed Reserve Land and has received independent expert advice; iii. the First Nation has, by Band Council Resolution and (if requested by AANDC) Band vote, approved the acquisition of such Land on an "as is" basis; and 121P tge ATTACHMENT 'B' Page 13 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 iv. if requested by AANDC, the First Nation has entered into an Indemnification Agreement on terms satisfactory to AANDC. d) Where the Environmental Site Assessment determines that the environmental condition of the Proposed Reserve Land does not meet the Applicable Environmental Standard for the intended use following Reserve Creation, AANDC will reject the Reserve Creation Proposal but may reconsider it at a later date if the land is remediated to the Applicable Environmental Standard. Where either the vendor of the land or the First Nation undertakes the remediation, the First Nation must provide satisfactory evidence to AANDC of the remediation to the Applicable Environmental Standard, supported by an environmental consultant's report. Where, in rare cases, AANDC is responsible for remediation, the Department must ensure that satisfactory remediation has been completed. In all cases, the remediation should be well documented and the documentation retained on file by AANDC. 2.4 Environmental Assessment of a Proposed Project a) Where there is a proposed activity or project contemplated for the Proposed Reserve Land, AANDC may not be able to proceed with acquisition of the Proposed Reserve Land or with a recommendation for Reserve Creation until an environmental assessment or determination with respect to the activity or project has been completed in accordance with the applicable law and a decision has been made by the appropriate authority that the activity or project is not likely to cause significant adverse environmental effects or that the significant environmental effects that it is likely to cause are justified in the circumstances. In the case of certain projects, AANDC may not be able to recommend Reserve Creation unless and until that there is a federal regulatory regime in place to govern the activity or project, and the First Nation should be advised accordingly. An Indemnification Agreement may also be required in some circumstances. c) See Chapter 12 of the Manual for more detail on environmental assessment of activities or projects. d) Designations are usually required for activities or projects. See Chapter 5 of the Manual for more detail on designations. 3.0 Improvements to Proposed Reserve Land a) Any improvements made by the First Nation to the Proposed Reserve Land before Reserve Creation must be in compliance with applicable __ _ 131E'age ATTACHMENT 'B' Page 14 of 31 Di aft Additions to Reserve/Reserve Creation Policy May 31, 2013 federal legislative requirements that will apply once the Reserve is created. Any improvement on Proposed Reserve Land may delay or prevent Reserve Creation due to environmental issues or other matters. For example, improvements on Proposed Reserve Land may require an additional ESA and a designation vote in accordance with the Indian Act. 4.0 Other Federal Departments and Agencies Following issuance of a Letter of Support, AANDC's regional office will contact other federal departments and agencies (e.g., Health Canada and the RCMP) and give them the opportunity to assess any potential impact of the Reserve Creation Proposal on their program delivery. 5.0 Existing Encumbrances a) As provided in section 5.1.1 of Directive 10-2, the First Nation must include in its Reserve Creation Proposal the results of investigations identifying existing encumbrances (third party interests or rights both registered or unregistered, i.e., leases, licenses, permits, easements, rights of way, etc.) normally achieved by a title search, provincial canvass, or site visit, and including supporting documentation if applicable. b) Following receipt of the Reserve Creation Proposal and prior to issuing the Letter of Support, a title review must be conducted by DOJ and all encumbrances identified and confirmed. c) Following issuance of the Letter of Support, existing encumbrances should be extinguished, or replaced, or minimized. d) In certain circumstances, taking title to Proposed Reserve Land subject to an encumbrance may be considered. e) Before Reserve Creation, the First Nation must resolve any issues related to lawful possession or rights for First Nation members occupying Proposed Reserve Land pursuant to section 22 or 23 of the Indian Act. 6.0 Third Party Access a) Before Reserve Creation, in conjunction with AANDC, the First Nation 141P:�f;e Graff Additions tri Reserve/Reserve Creation Policy must address: ATTACHMENT 'B' Page 15 of 31 May 3fi, 2013 access to any third -party land that would be "landlocked" by the Reserve Creation; and ii. access to utilities for that third -party land. b) If a third party has subsurface rights in the Proposed Reserve Land, the First Nation must negotiate access over the Proposed Reserve Land to exercise those rights, or a buy-out of those rights, before Reserve Creation. c) If a third party owns the Mines and Minerals in the Proposed Reserve Land, and intends to exploit the Mines and Minerals, the First Nation must have written consent of that party to a surface only Reserve, or a buy-out of the sub -surface title must be completed prior to the surface land being granted Reserve status. d) The First Nation has the lead role in the negotiations on third party access issues. Where requested by a First Nation, AANDC may provide facilitative or technical assistance in support of negotiations. 7.0 Land Descriptions a) Before recommending Reserve Creation, parcel boundaries will be described in accordance with the Framework Agreement between Lands and Trust Services Department of Indian Affairs and Northern Development and Legal Surveys Division, Earth Sciences Sector, Natural Resources Canada, from Chapter B1-2 - General Instructions for Surveys (http://cIss.nrcan.gc.ca/standards-normes/b1-2-v3-enq.asp), and such description must be reviewed by DOJ before being finalized. b) A land description may include a survey. 8.0 Provincial Considerations a) The First Nation must notify the Province in writing of the Reserve Creation Proposal and give them the opportunity to assess the potential impact on their existing land use plans and program delivery. Three months must be given to the Province to express any views in writing and set out any issues for discussion. Any issues must be addressed and documented by written correspondence between the First Nation and the Province. 151' ATTACHMENT 'B' Page 16 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 b) Provincial concurrence is required for the return of unsold surrendered land within the province where the unsold surrendered land is under provincial title (e.g. in Ontario, pursuant to the Indian Lands Agreement Act, 1986). While provincial Governments must be consulted, they have no general or unilateral veto with respect to a Reserve Creation Proposal. Where AANDC is satisfied that concerns arising from these consultations have been addressed, a Reserve Creation Proposal may proceed in accordance with the Policy. Where there are outstanding issues or concerns arising from provincial consultations, and the First Nation and the RDG agree to proceed, the Reserve Creation Proposal will be forwarded, with options, to the Deputy Minister or Minister for review. e) The First Nation is responsible for discussions with provincial governments. Where requested by a First Nation, AANDC may provide facilitative or technical assistance in support of the discussions. 9.0 Local Governments General: a) In recognition that Reserve communities and Local Governments exist side by side, AANDC promotes a "good neighbour" approach, which means that any discussions between First Nations and Local Governments should be conducted with good will, good faith and reasonableness. b) First Nations and Local Governments will discuss issues of mutual interest and concern (joint land -use planning/by-law harmonization, tax considerations, service provision or dispute resolution). c) While Local Governments must be consulted, they have no general or unilateral veto with respect to a Reserve Creation Proposal. Where concerns arising from these consultations have been addressed, a Reserve Creation Proposal may proceed in accordance with the Policy. d) The First Nation is responsible for the negotiation of any agreements with Local Governments. Where requested by a First Nation, AANDC may provide facilitative or technical assistance in support of the negotiations. e) Canada will not be a party to any agreement between a First Nation and a Local Government. 161 Pisge ATTACHMENT 'B' Page 17 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 Consultation: f) Where the Proposed Reserve Land is within or adjacent/abutting a Local Government, the First Nation will notify the Local Government in writing of the Reserve Creation Proposal in order to give the Local Government an opportunity to assess any potential impact of the Reserve Creation Proposal on their existing land use plans and service delivery. g) A First Nation -Local Government agreement may be necessary to address the provision of services, by-law compatibility, a consultation and dispute resolution process for matters of mutual concern, or potential net tax loss adjustments due to the loss of Local Government jurisdiction over the Proposed Reserve Land. The Local Government and First Nation should formalize such an agreement in writing. Local Government Tax Considerations: h) Unless already provided for in an Agreement or in a service agreement between the First Nation and the Local Government, and where requested by a Local Government, the First Nation is responsible for paying any negotiated net tax Toss adjustment. j) Negotiations concerning net tax loss adjustments are intended to allow the Local Government to adjust to the net effect of the combined reduction in Local Government servicing costs and reduced tax base caused by a Reserve Creation Proposal. It is not intended to compensate indefinitely for the gross level of lost taxes. The First Nation is responsible for negotiation of agreements with Local Governments, including agreements for municipal services or net tax loss adjustment. Where requested by a First Nation, AANDC may provide facilitative or technical assistance in support of the negotiations. k) AANDC is not a party to any agreement for municipal services or net tax loss compensation. Outstanding Local Government issues: I) The RDG may agree to support the Reserve Creation Proposal where the First Nation is prepared to enter into an agreement on the issues raised by the Local Government and the RDG determines that the Local Government is unwilling to respond in good faith. m) Similarly, the RDG may choose to withdraw support for a Reserve Creation Proposal in cases where a First Nation has demonstrated an unwillingness to negotiate in good faith with a Local Government or where 17 I P it 4r (' ATTACHMENT 'B' Page 18 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 a Municipal Service Agreement is required to provide essential services to a Reserve, but has not been concluded. 181N, g e ATTACHMENT 'B' Page 19 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 Directive 10 — 1: Annex B Special Circumstances Policy Requirements 1.0 Accretion/Erosion 1.1 In this clause, "Accretion" means the imperceptible and gradual addition to land by the slow action of water; and "Erosion" means the imperceptible and gradual loss of land by the slow action of water. 1.2 Where the gradual movement of water boundaries occurs on Reserve lands: a) Any locatee or interest holder benefits from any accretion or suffers any loss due to erosion; Any lands accreting to a Reserve takes on the characteristics of the Reserve and any lands lost by erosion lose the characteristics of the Reserve; and c) No OIC or MO is required to change the boundary of the Reserve unless there are exceptional or controversial circumstances such as litigation or contentious relations between parties. These exceptional or controversial circumstances will be determined on a case by case basis. 1.3 For greater certainty, accretion and erosion do not apply to flooding. 2.0 Natural Disasters 2.1 Reserve Creation Proposals that are made as a result of natural disasters such as flooding will be considered on a'case by case basis. These may include the use of replacement lands where an Agreement has been reached. 2.2 A proposal made under these circumstances will be assessed in accordance with the Reserve Creation Proposal Criteria set out in Annex "A" of Directive 10-1. In addition, such proposals resulting from a natural disaster may require consideration of the following: a) The risk involved if the community remains at the original site; 191 P g ATTACHMENT 'B' Page 20 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2.013 b) The nature and extent of future risk; c) Extent of preventative or remedial action required; d) The cost of undertaking preventative or remedial measures compared to the cost of relocation, and e) The overall benefits to the community for each option. 3.0 Subsurface Rights 3.1 This Policy does not authorize Reserve Creation which consists of subsurface rights only. This Policy does authorize Reserve Creation for specific portions of subsurface rights described in clauses 3.0 and 4.0 of this Annex. 3.2 When the land being set apart as Reserve is subject to a provincial exception in the surface title, every effort should be made to include the mineral rights underlying the exception even if this makes the subsurface rights greater than the surface rights. 4.0 Partial Subsurface Interest Additions 4.1 In this clause, "Partial Interests in Mines or Minerals" means that a First Nation would acquire only a part of an interest in Mines and Minerals. For example, if a 1/4 interest is purchased, only that 1/4 interest can be set apart as reserve providing that the conditions set out in this clause are met. 4.2 Where First Nations seek Reserve Creation to acquire Partial Interests in Mines and Minerals, the following conditions apply: a) The surface of the land described in the Reserve Creation Proposal must be Reserve; b) Title to the Partial Interest in the Mines and Minerals must be acquired by the First Nation and transferred to Canada before Reserve Creation; c) The First Nation must be fully informed of the complexities of dealing with Partial Interests in Mines and Minerals; 20 1 g e ATTACHMENT 'B' Page 21 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 d) A Partial Interest in Mines and Minerals cannot be explored or exploited without obtaining the appropriate provincial instrument including the written consent of each partial interest holder; e) All the owners of the partial subsurface interests must sign a joint agreement before Canada proceeds with Reserve Creation. This agreement must detail the conditions under which this partial interest would be held and how it would be managed for the group of owners. 5.0 Small Mineral Additions 5.1 In limited circumstances Reserve Creation may be considered for subsurface rights (i.e. Mines and Minerals) where the surface land is not Reserve. This may arise where a Province excludes the surface land from the transfer to Canada for Reserve Creation. The common provincial exclusions to the surface title are public roads, highways, certain water bodies and water courses. 5.2 Reserve Creation Proposals for subsurface interests may be greater than the surface rights due to the exclusions by the Province from the surface title. These subsurface rights can include Mines and Minerals which are potentially valuable resources for First Nations. The following would create this situation: a) The Province or Local Government holds the title to the surface while a private individual holds title to the subsurface. The Province is willing to transfer its interest to the surface for the purpose of granting Reserve status but wishes to Reserve a portion for purposes such as public roads, highways, certain water -bodies and water courses. However, the subsurface owner is willing to transfer the entire underlying subsurface interest. This will result in a lesser amount of surface rights being granted Reserve status than subsurface rights. b) A private individual holds title to both the surface and subsurface and is willing to transfer this interest for the purpose of granting Reserve status to the land. The Mines and Minerals may be included with the surface title or may be held under a separate subsurface title. However, the Province has the option of reserving a portion of the surface title for purposes such as public roads, highways, certain water -bodies and water courses. This will result in a lesser amount of surface rights being granted Reserve status than subsurface rights. c) Either the Province or a private individual has title to the surface and the province holds title to the subsurface. The province may, upon negotiated agreement, choose to transfer subsurface rights while reserving portions of the surface title to itself for purposes such as public roads, highways, 21 1 Pa4g0 ATTACHMENT 'B' Page 22 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2.013 certain water -bodies and water courses. This will result in a lesser amount of surface rights being granted Reserve status than subsurface rights. 6.0 Correcting a Reserve Creation OIC or MO 6.1 Where provincial Crown Land has been acquired and set apart as a Reserve by an OIC or MO and the surface or subsurface rights are unclear, both an amending order in council from the Province and an amending OIC or MO from Canada are required to clarify the rights. 6.2 Where small amounts of mineral rights were purchased with the intention of Reserve Creation but this has not been done, an omnibus OIC or MO may be used. 7.0 Special Reserves under Section 36 of the Indian Act 7.1 Section 36 of the Indian Act states: Where lands have been set apart for the use and benefit of a band and legal title thereto is not vested in Her Majesty, this Act applies as though the lands were a Reserve within the meaning of this Act. 7.2 While section 36 of the Indian Act allows for the creation of special Reserves, Reserve Creation requires the exercise of the Royal Prerogative and therefore no Reserve may be created except with the agreement of Canada. A special Reserve, therefore, cannot be created by the unilateral act of a third party. 7.3 No special Reserves will be created using section 36 of the Indian Act. 8.0 Joint Reserves 8.1 Reserve Creation Proposals for Joint Reserves will be considered on a case by case basis where cost implications and other factors associated with the management of a Joint Reserve have been addressed. 8.2 Reserve Creation Proposals for Joint Reserves raise complex legal and administrative issues. Before a Reserve Creation Proposal for a Joint Reserve will be considered, a written co -management agreement between the parties is required, and must address the following elements: i. Cost implications for the creation and management of the Joint Reserve. ATTACHMENT 'B' Page 23 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 ii. The requirement for unanimity of all First Nations involved for decisions requiring consent of the band council or membership (surrenders, designations, permits, leases, certificates of possession, etc). iii. Applicability of a First Nation Land Management ("FNLM") land code. iv. Treaty — generally speaking, in the Province of British Columbia, joint reserve lands will not be eligible for conversion to treaty settlement lands through the implementation of a treaty under the British Columbia Treaty Process unless all First Nations for whom the reserve was set aside were party to the same modern treaty. v. By-laws — for a band by-law to apply to joint reserve lands, the same by-law would need to be passed by each of the First Nations involved. vi. Interest - each First Nation will have an equal undivided interest in the Joint Reserve lands regardless of the size of the lands. 8.3 Reserve Creation Proposals for Joint Reserves require a vote by the electors of each participating First Nation, held in accordance with the Indian Referendum Regulations, and will be decided by a majority of those eligible electors of each participating First Nation who voted (simple majority). 8.4 Information Session. At a minimum, one information session is held for the benefit of the electors of each participating First Nation prior to a vote. The information session should include all the details of the Reserve Creation Proposal for a Joint Reserve including, but not limited to, details of the co - management agreement, complexities associated with designation requirements, the day-to-day administration, the requirement for unanimity for any decision affecting the use of the Joint Reserve and what that means, etc. 8.5 Separate Votes. While all participating First Nations may vote at the same time, separate voting results must be tabulated for each to confirm that the membership of each participating First Nation supports the Joint Reserve. 8.6 Failed Votes. If one or more of the participating First Nations fail to consent to the Reserve Creation Proposal for a Joint Reserve, those First Nations that did not vote in favour may hold a second vote following the same procedure as the first vote. If all of the First Nations do not vote in favour, the Reserve Creation Proposal for a Joint Reserve will not normally be considered further, unless the participating First Nations have previously agreed that the Joint Reserve may proceed without the First Nations who did not hold a successful vote. 8.7 Legal Obligation. Where the Reserve Creation Proposal for a Joint Reserve is in partial or full satisfaction of legal obligations, to one or more of the participating First Nations, the Reserve Creation Proposal for a Joint Reserve must address how the obligation is being satisfied with respect to those First Nations and include a release of Canada from any liability. 8.8 Indemnity. The Department will require that all participating First Nations indemnify Canada in writing from any claims by any of them or their members 23['age ATTACHMENT 'B' Page 24 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 pertaining to the use of the Joint Reserve or the division of benefits or losses derived from the Joint Reserve. 241 Page ATTACHMENT 'B' Page 25 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 Directive 10 — 1: Annex C - Definitions "AANDC" has the meaning given in sub -clause 1.1 of Directive 10-1; "Addition to Reserve" means the act of adding land to an existing Reserve land base of a First Nation; "Agreement" means any written agreement to which Canada is a party that includes provisions with respect to Reserve Creation; "Canada" means Her Majesty the Queen in Right of Canada; "Contamination" means the introduction into soil, air, or water of a chemical, organic or radioactive material or live organism that will adversely affect the quality of that medium; "DOJ" means the Department of Justice; "Environmental Site Assessment" or "ESA" means an analysis of Proposed Reserve Land with respect to past and present uses, as well as on-site and off-site activities that may have the potential to affect the Proposed Reserve Land's environmental quality, including the health and safety of occupants/residents; "First Nation" or "Band" means a "band" as defined under the Indian Act; "Joint Reserve" means a Reserve that is set apart for the use and benefit of more than one First Nation; "Letter of Support" or "LOS" means a letter from AANDC to the First Nation that states that the First Nation's Reserve Creation Proposal will be supported by AANDC to the extent indicated in this Policy and identifies the criteria that must be satisfied before AANDC will recommend the Proposed Reserve Land for Reserve Creation; "Local Government" means a city, town, village or other built-up area with municipal or other authorities and includes a rural or urban municipality, as defined in relevant provincial legislation; "Manual" has the meaning given in sub -clause 1.2 of Directive 10-1; "Mines and Minerals" means mines and minerals, precious or base, including oil and gas; "Minister" has the meaning given in sub -clause 1.1 of Directivel0-1; "MO" means Ministerial Order; 251P :i ,e ATTACHMENT 'B' Page 26 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 "New Reserve" means the act of creating a Reserve for a First Nation with no existing land base; "OIC" means Order in Council; "Policy" or "Additions to Reserve/Reserve Creation Policy" has the meaning given in section 1.1 of Directive 10-1; "Proposed Reserve Land" means land proposed by the First Nation for Reserve Creation; "Province" means a province of Canada, and includes Yukon, the Northwest Territories and Nunavut; "RDG" means Regional Director General; "Reserve" means a reserve as defined in the Indian Act; "Reserve Creation" means the act of adding land to an existing Reserve or creating a new Reserve for a First Nation by OIC or MO; "Reserve Creation Proposal" means the formal proposal by a First Nation to add land to an existing Reserve or to create a new Reserve by OIC or MO; "Reserve Creation Proposal Criteria" means the relevant criteria set out in Annex A of Directive 10-1 of the Policy and any other criteria as determined by AANDC; "Royal Prerogative" means the power of the Crown, as represented by the Governor in Council, to take action as an exercise of its executive power. Setting apart Reserves is one such power and it is exercised by the Governor in Council acting through an OIC at the request of the Minister; "Selection Area" has the meaning given in clause 9.0 of Directive 10-1. 26 1 P ATTACHMENT 'B' Page 27 of 31 Craft Additions to Reserve/Reserve Creation Policy May 31, 2013 Directive 10 ® 2: Reserve Creation Process 1.0 Effective Date 1.1 This Directive on the Reserve Creation Process is effective as of XXXX. 1.2 This Directive forms part of AANDC's Land Management Manual, Chapter 10, Reserve Creation. 2.0 Application 2.1 This Directive applies to employees of AANDC and provides guidance to First Nations with respect to Reserve Creation Proposals, including First Nations operating under the First Nation Land Management Act. 2.2 This Directive sets out the process to be followed for Reserve Creation. 2.3 Definitions used in this Directive are found in Annex C of Directive 10-1 of Chapter 10 of the Manual. 3.0 References 3.1 Legislation and related policy instruments relevant to this Directive are set out in Directive 10-1, clause 16.0 (Legislation and Related Policy Instruments) of the Policy. 4.0 Objectives 4.1 The objectives of this Directive are set out in Directive 10-1, clause 6.0 (Objectives) of the Policy. 5.0 Requirements and Responsibilities 5.1 Phase 1 — Reserve Creation Proposal Development 271P t e ATTACHMENT 'B' Page 28 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 5.1.1 The Reserve Creation Process begins when the First Nation submits a Band Council Resolution (BCR) and the Reserve Creation Proposal to the AANDC Region seeking Reserve Creation. At a minimum, the Reserve Creation Proposal must include: i. The applicable Policy category; ii. Selection Area; iii. Land Use — Unless otherwise stated in an Agreement, the First Nation must describe the current and intended use of the Proposed Reserve Land; iv. Where available, the offer to purchase, title search including, the registered owner(s), and a general description of Proposed Reserve Land sufficient to identify location; v. Proximity of the Proposed Reserve Land to a Local Government; vi. Whether mineral rights are to be included and, if so, the registered owner(s); vii. Although an Environmental Site Assessment is not required at this stage, any environmental information of the historical, current and intended use of the Proposed Reserve Land; viii. Transaction costs applicable under the Policy (and the potential source of funds); ix. Other net benefits of Proposed Reserve Land use; x. Results of investigations identifying existing encumbrances normally achieved by a title search, provincial canvass, and/or site visit, and including supporting documentation if applicable; xi. Any known provincial, municipal, Aboriginal, or other interests; and xii. Whether services are required. If services are required, enumerate what services and the plan to provide for or acquire them. 5.1.2 If the Reserve Creation Proposal adds to an existing Reserve, the BCR should set out the name and number of the existing Reserve. If the Reserve Creation Proposal involves the creation of a new Reserve, the proposed name and number of the new Reserve should be identified in the BCR. Naming should be in accordance with the Geographical Names Board of Canada. 5.1.3 Reserve Creation Proposals must be submitted to the AANDC Region within which the majority of the First Nation's land is located, regardless of the Selection Area. 5.2 Phase 2 - Letter of Support 5.2.1 AANDC staff may discuss the Reserve Creation Proposal with the First Nation before the determination contemplated by 5.2.3, and assist the First Nation in the preparation of the Reserve Creation Proposal where appropriate. 28 1 ATTACHMENT 'B' Page 29 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 5.2.2 Upon receipt of a Reserve Creation Proposal, a written acknowledgement of receipt will be provided by AANDC Region to the First Nation. 5.2.3 Following receipt, AANDC will determine whether or not the proposal meets the minimum requirements set out in 5.1.1 of this Directive. When that review is complete, AANDC will advise the First Nation in writing of the results of the determination. If the Reserve Creation Proposal has not met the minimum requirements, the Region will advise the First Nation of the deficiencies to be addressed before the proposal will be considered further. 5.2.4 If the Reserve Creation Proposal has met the minimum requirements, AANDC will review the Reserve Creation Proposal for the purposes of determining whether a Letter of Support will be issued. 5.2.5 If a Reserve Creation Proposal is outside the RDG's authority but the RDG and the First Nation still wish to proceed, the RDG will forward the Reserve Creation Proposal to the Deputy Minister for review and consideration. 5.2.6 The RDG (or the Deputy Minister) may issue a Letter of Support or reject the Reserve Creation Proposal. If a Letter of Support is to be issued, AANDC will identify in the Letter of Support the Reserve Creation Proposal Criteria that must be satisfied before AANDC will recommend Reserve Creation. 5.2.7 AANDC will provide a written explanation for any Reserve Creation Proposal that will not be supported. Such explanation may include but is not limited to: a) Reserve Creation Proposal Criteria not able to be readily satisfied b) Minister's discretion not to recommend Reserve Creation c) AANDC Reserve Creation Proposal implementation planning 5.3 Phase 3 — Reserve Creation Proposal Completion 5.3.1 Where a Letter of Support is issued, Regional AANDC and the First Nation will work together to develop a work plan identifying the requirements to meet the Reserve Creation Proposal Criteria identified. AANDC and the First Nation will clarify their respective roles and responsibilities within the process, e.g., with respect to communications planning, environmental site assessments, surveys, community planning requirements, mechanisms to address third party interests, etc. 5.3.2 AANDC will initiate an annual review of each Reserve Creation Proposal with the First Nation to determine whether work plan objectives have been met. Where objectives have not been met, the work plan requirements may be revised. 291Page ATTACHMENT 'B' Page 30 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 5.3.3 Once all of the Reserve Creation Proposal Criteria have been satisfied, the First Nation will ensure that all of the required information has been forwarded to the AANDC Region and will advise AANDC that the Reserve Creation Proposal has been completed. 5.3.4 Transfer of administration and control from a Province or acquisition of the fee simple title is to be completed in accordance with the Federal Real Property and Federal Immovables Act and its regulations. 5.3.5 AANDC Region will verify that the Reserve Creation Proposal is complete, confirm the number and name of the proposed Reserve, and notify the First Nation that the Reserve Creation Proposal will be submitted to the Minister. 5.4 Phase 4 — Reserve Creation Recommendation 5.4.1 Regional AANDC staff will prepare the OIC or MO submission requesting Reserve Creation. 5.4.2 The OIC or MO submission is sent to the Minister who may in the case of an OIC submission recommend its approval to the Privy Council, or reject or approve the MO. 5.4.3 The Governor in Council either rejects or approves the OIC submission. 5.4.4 If the MO or OIC is granted, the MO or OIC is registered in AANDC's Indian Lands Registry. Regional Lands staff should arrange for the registration of all related land title documents in the Indian Lands Registry to be attached to, or accompany, the registration of the MO or 010, as applicable. 5.4.5 AANDC Region will notify the First Nation and other relevant parties of the Reserve Creation and provide each with the registration particulars as required. 6.0 Directive Assessment and review 6.1 AANDC Headquarters, Lands and Economic Development, Lands and Environmental Monitoring Branch (LEMB) is responsible for any scheduled review of this Directive, as well as for any ad hoc reviews as necessary. 6.2 The effectiveness of the Directive will be examined using the results of assessment activities undertaken for the Policy, Directives and other instruments that flow from them. LEMB may identify and undertake any additional monitoring and assessment activities necessary. 30 P ATTACHMENT 'B' Page 31 of 31 Draft Additions to Reserve/Reserve Creation Policy May 31, 2013 7.0 Enquiries For information on this Directive or to obtain any of the above -noted references, please contact: Aboriginal Affairs and Northern Development Canada Terrasses de la Chaudiere 10 Wellington, North Tower Gatineau, Quebec Postal Address: Ottawa, Ontario K1A OH4 Email: InfoPubs(a aadnc-aandc.gc.ca Phone: (toll-free) 1-800-567-9604 Fax: 1-866-817-3977 TTY: (toll-free) 1-866-553-0554 8.0 Annexes (for templates, checklists) 311 Page TO: ATTACHMENT 'C' Page 1 of 2 MEMBER RELEASE August 6, 2013 Mayor and Council; Chair and Board; CAOs FROM: Mayor Mary Sjostrom, UBCM President Councillor Murry Krause, Chair, UBCM First Nations Relations Committee RE: Federal Additions to Reserve Policy — Feedback Requested Local governments have an opportunity to provide feedback on the proposed revisions to the federal Policy on Additions to Reserves/New Reserves until September 30, 2013. The Additions to Reserve (ATR) policy sets out the conditions and issues to be addressed before land can become reserve. The policy was created to fill a legislative gap, as ATRs are not addressed in the Indian Act or other federal legislation. The UBCM First Nations Relations Committee has been monitoring the ATR policy review since December 2010. The Standing Senate Committee on Aboriginal Peoples conducted a review of the policy, culminating in the November 2012 report, Additions to Reserve: Expediting the Process. The Government Response to this report indicated that it would take action on issues raised by the Standing Committee, committing to: • Better support productive negotiations between First Nations and local governments and/or third parties through improved guidelines, tools and resources under the ATR policy and access to negotiating expertise through the National Aboriginal Land Managers Association; • Identify and implement measures to mitigate predatory pricing on the sale of private land to First Nations, including an expanded ATR toolkit that outlines best practices and land acquisition strategies; • Examine the provisions of existing federal legislation on claim settlement implementation, which authorize pre -reserve designation and replacement interests, and consider potential policy and legislative replacement changes that would assist in dealing with third party interests in all regions of Canada and expedite the overall ATR process; and • Streamline procedural requirements in relation to the ATR policy through continued implementation or recommendations from the Auditor General, a re -design of internal lands processes, development of service standards for Canada's contribution to the reserve creation process and expansion of the Nation3al ATR Tracking System to allow First Nations to view progress on their ATRs. ATTACHMENT 'C' Page 2 of 2 Aboriginal Affairs and Northern Development Canada (AANDC) recently released the proposed revised policy, and is looking for comments and feedback from First Nations practitioners and other interested parties. The proposed revisions aim to: 1. streamline the ATR proposal and remove duplication; 2. clarify roles and responsibilities; and 3. facilitate economic development. The online feedback form, as well as a summary of the proposed policy changes, is available at the following link: http://www.aadnc-aandc.gc.ca/eng/1332267668918/1332267748447 UBCM is requesting a copy of any member feedback submitted to AANDC on the revised policy by September 13, 2013, so that a consolidated member response may be submitted prior to the feedback deadline. Please submit a copy of the feedback provided to Angela Turner (aturneroPubcm.ca, 604.270.8226 Ext. 117). ATTACHMENT D 1 of 4 TSAWWASSEN FIRST NATION FINAL AGREEMENT RIGHTS OF REFUSAL 35. Tsawwassen First Nation has the rights of refusal to purchase, on the terms and conditions set out in Appendix H-3, the Rights of Refusal Lands, which include Category B Lands within the meaning of the 1998 Roberts Bank Protocol Agreement between Tsawwassen First Nation and British Columbia. ADDITION TO OR REMOVAL FROM TSAWWASSEN LANDS 36. Tsawwassen First Nation may add lands that it owns in fee simple to Tsawwassen Lands, in accordance with clauses 37 through 49, no more often than once every five years. 37. Nothing requires Canada or British Columbia to assume financial or other obligations associated with any addition to Tsawwassen Lands, including paying any costs arising because the lands added are not contiguous to Tsawwassen Lands. 38. Any financial charge or encumbrance on lands to be added to Tsawwassen Lands must be paid in full and discharged before the lands are added to Tsawwassen Lands, unless the holder of the charge or encumbrance agrees otherwise. 39. Any interest, other than a financial charge or encumbrance, on lands to be added to Tsawwassen Lands will continue, unless the holder of that interest agrees otherwise. 40. Tsawwassen First Nation will own the Subsurface Resources on lands that are added to Tsawwassen Lands if: a. the estate in fee simple includes ownership of Subsurface Resources; or b. British Columbia and Tsawwassen First Nation agree. 41. Specified Lands include Category B lands within the meaning of the 1998 Roberts Bank Protocol Agreement between Tsawwassen First Nation and British Columbia. 42. If, within 50 years after the Effective Date, Tsawwassen First Nation owns any parcel of Specified Lands in fee simple, that parcel of Specified Lands will become Tsawwassen Lands after completion of the process set out in clauses 43 and 44. 45 ATTACHMENT D 2 of 4 TSAWWASSEN FIRST NATION FINAL AGREEMENT 43. Before the addition of any parcel of Specified Lands to Tsawwassen Lands, Tsawwassen First Nation will: a. hold discussions with any resident of, or interest holder in, the parcel of Specified Lands and with the Corporation of Delta; address the provision of any service provided by any municipality to a parcel of Specified Lands and any tax revenue matter related to such service; c. consider whether a road that is adjacent to a parcel of Specified Lands should be a Local Road or a Local Boundary Road; d. consider the compatibility of any land use plan of Tsawwassen First Nation with any municipal or regional land use or transportation plan applying to that parcel of Specified Lands; and e. provide reasonable notice to Canada, British Columbia, the Greater Vancouver Regional District and the Corporation of Delta in respect of the addition of the parcel of Specified Lands and Tsawwassen First Nation will confirm in the notice that it has dealt with the matters set out in subclauses 43.a through 43.d. 44. Within 150 days of receipt of the notice referred to in subclause 43.e: a. the Parties will amend Appendix C-4 in accordance with clause 11 of the Amendment chapter to change the boundaries of Tsawwassen Lands; b. the Lieutenant Governor in Council will issue supplementary letters patent adjusting the area of the Corporation of Delta; and c. the parcel of Specified Lands will become Tsawwassen Lands upon the last of these events to occur. 45. After the 50 -year period referred to in clause 42, British Columbia will consider a request by Tsawwassen First Nation to add land, including any parcel of the Specified Lands, to Tsawwassen Lands if: a. Tsawwassen First Nation owns the land in fee simple; b. the land is within Tsawwassen Territory; and c. the land is: 46 ATTACHMENT D 3 of 4 TSAWWASSEN FIRST NATION FINAL AGREEMENT outside municipal boundaries and a change in jurisdiction to that land will not unreasonably restrict the expansion or development of a municipality; or ii. inside municipal boundaries and the municipality consents. 46. In addition to the matters set out in clause 45, British Columbia will take into account among other factors: a. whether the land is contiguous to existing Tsawwassen Lands; and b. the interests of a regional district in cases where the land is within a regional district but not within a municipality. 47. After the 50 -year period referred to in clause 42, Canada will consider a request from Tsawwassen First Nation to add land, including any parcel of the Specified Lands, to Tsawwassen Lands if: a. Tsawwassen First Nation owns the lands in fee simple; b. the lands are within Tsawwassen Territory; and c. the lands are: i. free from any overlapping aboriginal claim; or ii. subject to an overlapping aboriginal claim and the claimant consents. 48. In considering whether to consent to a request referred to in clause 45 or 47, British Columbia or Canada may take into account any other matter that British Columbia or Canada, respectively, considers relevant. 49. If Canada and British Columbia consent to an addition, then within 150 days of receipt by Tsawwassen First Nation of written notice of that consent: a. the Parties will amend Appendix C-4 in accordance with clause 11 of the Amendment chapter to change the boundaries of Tsawwassen Lands; b. the Lieutenant Governor in Council will issue supplementary letters patent adjusting the boundaries of the relevant municipality; and c. the parcel of land will become Tsawwassen Lands upon the last of these events to occur. 47 ATTACHMENT D 4 of 4 TSAWWASSEN FIRST NATION FINAL AGREEMENT 50. Tsawwassen First Nation may request the consent of Canada and British Columbia to remove a parcel of Tsawwassen Lands from the jurisdiction of Tsawwassen First Nation and such lands, if removed, will cease to be Tsawwassen Lands. In considering whether to consent, Canada and British Columbia may consider: a. b. c. necessary jurisdictional, administrative and servicing arrangements; the views of any affected municipalities and neighbouring First Nations; any impact on fiscal arrangements; and d. any legal or financial implications to Canada or British Columbia. 51. If Canada and British Columbia consent to the removal of a parcel of Tsawwassen Lands from the jurisdiction of Tsawwassen First Nation, then within 150 days of receipt by Tsawwassen First Nation of written notice of that consent: a. the Parties will amend Appendix C-4 in accordance with clause 11 of the Amendment chapter to change the boundaries of Tsawwassen Lands; b. the Lieutenant Governor in Council will issue supplementary letters patent adjusting the boundaries of the relevant municipality; and c. the parcel will cease to be Tsawwassen Lands upon the last of these events to occur. HIGHWAY 17 CORRIDOR 52. On the Effective Date: a. the Highway 17 Corridor is not part of Tsawwassen Lands; b. British Columbia owns the Highway 17 Corridor except for Subsurface Resources which are owned by Tsawwassen First Nation; c. British Columbia owns the Highway 17 Corridor for use for provincial public highway purposes, subject to existing works of Public Utility set out in Appendix Q-2; and d. Tsawwassen First Nation may use the Subsurface Resources if that use is consistent with the use of the Highway 17 Corridor for provincial public highway purposes and works of Public Utility. 48 ATTACHMENT E 1 of 2 Shrinking tax base worrisome Mayor concerned by the financial implications of First Nations removing land from municipal jurisdiction Sandor Gyarmati / Delta Optimist August 7, 2013 Ottawa could make it easier for First Nations to buy land in other jurisdictions and remove it completely from any municipal taxation, something that could obviously have major implications for Delta. "Whether or not the federal government is going to look at this as legislation, I don't know. That's why I've asked for a review of all the documents and the legislation, particularly federal legislation," said Mayor Lois Jackson. The five -term mayor was responding to recommendations by the Standing Senate Committee on Aboriginal People, which has been examining how to improve the federal Additions to Reserve (ATR) policy. The policy is aimed at assisting First Nations wanting to add parcels outside their reserves for economic and community growth. A hearing was held last year to discuss problems First Nations see in the current policy. A subsequent report was released last fall by the committee, chaired by former senator Gerry St. Germain, titled Additions to Reserve: Expediting the Process. It notes that a key message conveyed by virtually all the witnesses was that although some positive change has occurred in recent years, major changes are required to the system. The report, however, also states the committee concluded there is an urgent need for the federal government to improve Aboriginal Affairs and Northern Development Canada management practices to better deal with municipal and third -party interests, as well as exploring options for supporting First Nations in their negotiations. Many witnesses at the hearing said the requirement of paying taxes to municipalities puts additional financial pressure on First Nations communities, thereby inhibiting their opportunity for economic development. The committee seemed to agree, noting benefits resulting from economic developments on First Nations' land outweigh any tax loss for municipalities. It remains to be seen if the government will introduce legislation as a result of the committee's recommendations. Last fall, St. Germain was a guest speaker at a Tsawwassen First Nation legislative session, where he urged the TFN to make every effort to add more land to its territory. The TFN already added substantially to its land base when its historic urban treaty was signed just a few years ago and could add even more acreage if farming families in Brunswick Point eventually decide to sell their properties. ATTACHMENT E 2 of 2 The families managed to buy back their farms that had been expropriated, but the TFN was granted the right of first refusal if those lands ever hit the market. It's not clear if the TFN will purchase even more land elsewhere in Delta, especially when the First Nation's major commercial and industrial developments are completed. Jackson is concerned what the Senate committee's recommendations could mean for Delta. It could result in the municipality's land base, as well as it tax base, shrinking if newly purchased properties become part of First Nation jurisdiction, she warned. "We're not the only ones. Local government has been left totally out of the loop. This is no aspersion on the Indian bands across this country, but local government has got to have a seat at this table. We could certainly lose municipal assets along the way, let alone municipal taxation. Our responsibility is to ensure the taxpayers' assets are protected," Jackson said. A civic report is being prepared for council on the issue. © Copyright 2013