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2008-03-11 Council Meeting Agenda and Reports.pdf
District of Maple Ridge COUNCIL MEETING AGENDA March 11, 2008 7:00 p.m. Council Chamber MEETING DECORUM Council would like to remind all people present tonight that serious issues are decided at Council meetings which affect many people's lives. Therefore, we ask that you act with the appropriate decorum that a Council Meeting deserves. Commentary and conversations by the public are distracting. Should anyone disrupt the Council Meeting in any way, the meeting will be stopped and that person's behavior will be reprimanded. Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.ca The purpose of a Council meeting is to enact powers given to Council by using bylaws or resolutions. This is the final venue for debate of issues before voting on a bylaw or resolution. 100 CALL TO ORDER 200 OPENING PRAYERS Major. Ed Chiu - The Salvation Army 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of February 26, 2008 502 Minutes of the Development Agreements Committee Meeting of February 26, 2008. Page 1 Council Meeting Agenda March 11, 2008 Council Chamber Page 2 of 5 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 700 DELEGATIONS 800 UNFINISHED BUSINESS 900 CORRESPONDENCE 1000 BY-LAWS Bylaws for Final Reading 1001 Development Cost Charges Imposition Charge Bylaw No. 6462-2007 Staff report dated March 4, 2008 recommending final reading. A bylaw to amend development cost charges. Final reading. COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes - March 3, 2008 The following issues were presented at an earlier Committee of the Whole meeting with the recommendations being brought to this meeting for Municipal Council consideration and final approval. The Committee of the Whole meeting is open to the public and is held in the Council Chamber at 1:00 p.m. on the Monday the week prior to this meeting. Public Works and Development Services 1101 RZ/045/06, 11566 224 Street, RS-1 to CRM Staff report dated February 26, 2008 recommending that Maple Ridge Zone Amending Bylaw No. 6527-2007 to permit the construction of a four storey apartment building be given first reading and be forwarded to Public Hearing. Council Meeting Agenda March 11, 2008 Council Chamber Page 3 of 5 1102 DP/DVP/091/07, 22858 Lougheed Highway Staff report dated February 21, 2008 recommending that the Corporate Officer be authorized to sign and seal DVP/091/07 to vary setbacks for the 3rd and 41h floors and further that, the Corporate Officer be authorized to sign and seal DP/091/07 in support of a 21 unit apartment building. 1103 DP/DVP/105/07, DP/106/07, 11952, 11958 and 11962 224Street Staff report dated February 25, 2008 recommending that the Corporate Officer be authorized to sign and seal DVP/105/07 to vary minimum road carriageway widths, requirements for street trees along McIntosh Avenue and setbacks and further that, the Corporate Officer be authorized to sign and seal DP/105/07 and DP/106/07 in support of a mixed use building including ground floor commercial and three storeys of residential above. 1104 DP/004/08, DVP/025/07, 240A Street, 241 Street, Hawkins Avenue and 241A Street Staff report dated February 29, 2008 recommending that the Corporate Officer be authorized to sign and seal DVP/025/07 to vary maximum building height on lots 17-20, 36-42 and 56 and further, that the Corporate Officer be authorized to sign and seal DP/004/08 in support of a 56 lot subdivision. 1105 2006 TransLink Bicycle Infrastructure Capital Cost Sharing (BICCS) Program Staff report dated February 15, 2008 recommending that the Mayor and the Corporate Office be authorized to sign and execute the 2006 TransLink Bicycle Infrastructure Capital Cost Sharing (BICCS) Program (Block Allocation) Agreement. 1106 Municipal Equipment Purchase, Two Tandem Axle Dump Trucks with accessories Staff report dated February 13, 2008 recommending that the contract for the purchase of two tandem axle dump trucks be awarded to Freightliner of Vancouver Ltd. Council Meeting Agenda March 11, 2008 Council Chamber Page 4 of 5 Financial and Corporate Serviceslincluding Fire and Police) 1131 October 2008 Council and Public Hearing Meeting Schedule Staff report dated February 20, 2008 recommending rescheduling of October 2008 Council Meetings and Public Hearing Meetings. 1132 Indemnification of Municipal Officials Staff report dated February 15, 2008 recommending Maple Ridge Municipal Officials Indemnification Bylaw No. 6548-2008 be given three readings. Community Development and Recreation Service Correspondence Other Committee Issues 1200 STAFF REPORTS 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL 1400 MAYOR'S REPORT 1500 COUNCILLORS' REPORTS 1600 OTHER MATTERS DEEMED EXPEDIENT 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING Council Meeting Agenda March 11, 2008 Council Chamber Page 5of5 1800 QUESTIONS FROM THE PUBLIC 1900 ADJOURNMENT QUESTION PERIOD The purpose of the Question Period is to provide 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 which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. If a member of the public has a concern related to a Municipal staff member, it should be brought to the attention of the Mayor and/or Chief Administrative Officer in a private meeting. The decision to televise the Question Period is subject to review. Each person will be permitted 2 minutes only to ask their question (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 individual members of Council. The total Question Period is limited to 15 minutes. If a question cannot be answered, it will be responded to at a later date at a subsequent Council Meeting. Other opportunities to address Council may be available through the Clerk's Department who can be contacted at (604) 463-5221. Checked b Date: CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES February 26, 2008 Mayor's Office 20110111101115 Gordon Robson, Mayor Chairman J.L. (Jim) Rule, Chief Administrative Officer Member 1. MAPLE RIDGE SENIORS VILLAGE HOLDINGS LTD. Amanda Allen, Recording Secretary LEGAL: Lot A, District Lot 397, Group 1, NWD, Plan BCP28220 LOCATION. 22141 11911 Avenue OWNER: Maple Ridge Seniors Village Holdings Ltd. REQUIRED AGREEMENTS: Restrictive Covenant - Minimum Corridor Width THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO MAPLE RIDGE SENIORS VILLAGE HOLDINGS LTD. Chairman CARRIED J.L. (Jim) I ule, Chief Administrative Officer Member 502 Deep Roots Greater Heights TO: District of Maple Ridge His Worship Mayor Gordon Robson DATE: March 4, 2008 and Members of Council FILE NO: E08-008-001.2007 FROM: Chief Administrative Officer ATTN: Council SUBJECT: Development Cost Charge Imposition Bylaw No. 6462-2007 EXECUTIVE SUMMARY: This bylaw amends our Development Cost Charges (DCC) to be consistent with the growth management plan outlined in our Official Community Plan and our Financial Plan. This bylaw received first, second and third readings on December 11, 2007. It received Statutory Approval by the Deputy Inspector of Municipalities on January 28, 2008, Council may now adopt the bylaw. There were some questions and additional information requested by the Ministry with respect to the DCC bylaw. Ministry staff put forward the recommendation for approval, prior to receiving this information. The information was provided at the end of February. Once the bylaw is adopted the charges for in -stream subdivision applications would not be in effect for a period of 12 months as per section 943 of the Local Government Act. No such legislation exists for building related activity. The rates for building related activity would be effective once the bylaw is passed. Council may delay adoption of this bylaw if it feels the development community requires additional time to absorb the rate increases. Our current DCC Bylaw, adopted in October 2006 included one months grace period. The current DCC Bylaw major amendment included significant public consultation and has taken over a year from the time Council directed the amendment. RECOMMENDATION(S): That Maple Ridge Development Cost Imposition Bylaw No. 6462-2007 be adopted. DISCUSSION: a) Background Context: Our current DCC Bylaw No. 6416-2006 was adopted on October 10, 2006 to reflect applicable construction costs and land values. In December 2006, Council directed to amend the DCC bylaw to be consistent with the recently adopted Official Community Plan Bylaw No. 6425-2006 and the Financial Plan Bylaw. For more detailed background please refer to the staff report that accompanied the bylaw for first through third readings. 1001 Due to this being a major amendment to the DCC Bylaw there was a much more thorough public consultation process. The last major amendment was 1996. There have been several opportunities for the public to find out more information about the DCC Bylaw since the December 2006 meeting including: - Council Workshops, July 16 and September 17, 2007 - The Builders Forum, September 20, 2007 with about 60 attendees A Public Open House, November 15, 2007 - The Agricultural Advisory Committee, November 22, 2007 - The bylaw was introduced at Committee of the Whole, December 3, 2007 and - Council gave first through third reading, December 11, 2007. b) Desired Outcome: A DCC Imposition Bylaw that is consistent with the Official Community Plan and the Financial Plan to ensure DCC rates are reflective of the costs of development. c) Citizen/Customer Implications: A rate comparison was provided in the previous report that compared proposed rates with current rates and rates charged by other municipalities. d) Interdepartmental Implications: An expenditure bylaw and authorized expenditures on capita[ projects not contemplated in the previous DCC Bylaw can not occur until this bylaw and a DCC Expenditure Bylaw are adopted. e) Business Plan/Financial Implications: The 2007-2011 Financial Plan was amended in December 2007 to be consistent with the DCC Bylaw. Capital works for projects added to the DCC Bylaw can not commence until the DCC Bylaw is approved. f) Alternatives: Council may delay the approval of this bylaw. CONCLUSIONS: Prepared by: Trevor Thompson, BBA, CGA Manager of Financial Planning Approved by. Paul 6ill, BA, CGA General Manager Corporate and Fiscal Services 4�e �� Concurrent J.L. (Jim) Rule Chief Administrative Officer CORPORATION OF THE DISTRICT OF MAPLE RIDGE Bylaw No. 6462-2007 A Bylaw to Impose Development Cost Charges WHEREAS Council has considered future land use patterns and development, the phasing of works and services and provision of parkland described in the Official Community Plan, AND WHEREAS Council does not consider the charges imposed by this bylaw: a. Are excessive in relation to the capital cost of prevailing standards of service; b. Will deter development, or C. Will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the District; NOW THEREFORE, the Council of the Corporation of the District of Maple Ridge enacts as follows: 1. Citation This Bylaw may be cited for all purposes as "Maple Ridge Development Cost Charges Imposition Bylaw No. 6462-2007" 2. Definitions: In this bylaw: Apartment means a residential use where the building or buildings on a lot are each used for three or more dwelling units. Does not include a townhouse. Building Floor Area means the total combined floor areas of all storeys, including all mezzanine floor areas, measured to the outer limits of the floor perimeter, but does not include any floor area used exclusively for parking. Except for Atriums or other open interconnected floor spaces, the total building floor area will include exit stairs, stair shafts, elevator shafts and all other vertical service spaces that may penetrate one or all of the floors. Building Permit means permission or authorization in writing by the Manager of Inspection Services to perform building construction in accordance with applicable statutes and regulations. Commercial Development means development of a parcel that falls within the Class 6 designation as prescribed by BC Assessment property classifications. Includes offices, retail, warehousing, hotels and motels. DCC Development Cost Charge Dwelling Unit means one or more rooms used for the residential accommodation of only one family when such room or rooms contain or provide for the installation of only one set of cooking facilities. Duplex means a two family residential use where the building on a lot is used for two dwelling units. Gross Site Area means the whole or portion of a parcel(s) to be improved as part of the development authorized by a building permit and includes all vehicular and pedestrian circulation areas, loading, parking, storage, works, decorative and landscaped areas appurtenant to the authorized development. Growth Area means the Growth Area as identified on Map 1 in Schedule "A" and forming part of this bylaw. Industrial Development means "industrial use" as defined by Maple Ridge Zoning Bylaw. Infill Area means the Infill Area as identified on Map 1 in Schedule "A", and forming part of this bylaw. Institutional Development means any development that is created and exists by law or public authority for the benefit of the public in general, and includes, but is not limited to, public hospitals, public and private schools and churches. Lot means additional lot(s) created at subdivision Parcel means any lot, block, strata lot or other area in which land is held or into which land is subdivided, but does not include any portion of a highway. Rural Area means the Rural Area as identified on Map 1 in Schedule "A" and forming part of this bylaw. Single Family Residential means a residential use where the building lot is used for one dwelling unit and other uses as permitted. Subdivision means the division of land into two or more parcels, whether by plan or by metes and bounds description or otherwise, and including a plan consolidating two or more parcels into a fewer number of parcels. Town Centre Commercial Area means the Town Centre Commercial Area as identified on Maps 1 & 2 in Schedule "A" and forming part of this bylaw. Townhouse means a single building comprised of three or more dwelling units separated one from another by party walls extending from foundation to roof, with each dwelling unit having a separate, direct entrance from grade. Unit means additional unit(s) built in support of a building permit. 3. Establishment of Development Cost Areas For the purposes of imposing Development Cost Charges, the District of Maple Ridge is divided into four areas, determined on the basis of the relative cost of infrastructure required to support new development, and illustrated on Schedule "A", Maps 1 and 2. The four areas are the: a. Growth Area (Schedule "A", Map 1) b. Infill Area (Schedule "A", Map 1) c. Rural Area (Schedule "A", Map 1) d. Town Centre Commercial Area (Schedule "A", Maps 1 & 2) 4. Payment of Development Cost Charges Every person who obtains approval of a subdivision of a parcel or a building permit must pay Development Cost Charges on the following basis: a. For development in the Growth Area, in accordance with Schedule 'B" and Schedule "A", Map 1 b. For development in the Infill Area, in accordance with Schedule "C and Schedule "A", Map 1 c. For development in the Rural Area, in accordance with Schedule "D" and Schedule "A" Map 1 d. For development in the Town Centre Commercial Area, in accordance with Schedule "E" and Schedule "A", Maps 1 and 2 e. For a combined land use development the Development Cost Charge is calculated as the sum of the Development Cost Charges for all uses. The Development Cost Charges imposed must be paid: a. In the case of the subdivision of a parcel, at the time the subdivision is approved; and b. In the case of obtaining a building permit, at the time the building permit is issued. 5. Severability If a portion of this bylaw is found invalid by a court, it will be severed and the remainder of the bylaw will remain in effect. 6. Repeal Maple Ridge Development Cost Charge Bylaw No. 5911-2000, as amended, is hereby repealed. 7. Schedules Schedule "A", (Development Cost Charge Areas) Schedule "B", (Development Cost Charges - Growth Area) Schedule "C", (Development Cost Charges - Infill Area) Schedule "D", (Development Cost Charges - Rural Area) Schedule "E", (Development Cost Charges - Town Centre Commercial Area) Read a first time this 110 day of December, 2007. Read a second time this 11th day of December, 2007. Read a third time this 11th day of December, 2007. Approved by the Inspector of Municipalities this 28th day of January, 2008 Adopted this day of 200 Mayor Corporate Officer SCHEDULE "A" to BYLAW NO, 6462-2007 Map 1 - Development Cost Charge Areas Map 2 - Town Centre Commercial Area SCHEDULE "B" to BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES - GROWTH AREA (Map 1) Single -Family Dwelling/ Duplex DCC per additional lot beinFr Servicing Type subdivided or unit being built Road $12,579 Drainage 1,832 Water 1,401. Sanitary Sewer 198 Open Space 4,593 Tota 1 $ 20, 603 Townhouse Servicing Type DCC per additional unit being built Road $ 8,806 Drainage 1,$32 Water 1,401 Sanitary Sewer 198 Open Space 4,593 Total $16.83-1 Apartment Servicing Type DCC per additional unit being built Road $ 5,661 Drainage 206 Water 701 Sanitary Sewer 99 Open Space 2,985 Total 4,a Pr,? Commercial Servicing Type DCC per m2 of the building floor area Road $27.31 Water 7.71 Sanitary Sewer 1.09 Open Space 0.00 Total $_3_6 11 Servicing Tyoe DCC er hectare of aross site area Drainage $24,920 Total $24,920 Institutional Servicing Type DCC per hectare of gross site area Road $36,515 Drainage 15,739 Water 12,611 Sanitary Sewer 1,779 Open Space 0 Total SCHEDULE "C to BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES - INFILL AREA (Maps 1 & 2) Single -Family Dwelling/ Duplex DCC per additional lot being Servicing Type subdivided or unit being built Road $13, 642 Drainage 653 Water 169 Sanitary Sewer 158 Open Space 2815 Total$17-437 Townhouse Servicing Type DCC per additional unit being built Road $ 9,549 Drainage 653 Water 169 Sanitary Sewer 158 Open Space 2,815 Tota I S 13344 Apartment Servicing Type DCC per additional unit being built Road $ 6,139 Drainage 48 Water 84 Sanitary Sewer 79 Open Space 1,829 Total 17 Commercial Servicing Type DCC per m2 of the building floor area Road $27.31 Water 0.93 Sanitary Sewer 0.87 Open Space 0.00 Total .11 Servicing Type DCC per hectare of gross site area Drainage $6,616 Total $6,616 Industrial Servicing Type DCC per m2 of the building floor area Road $8.97 Water 0.93 Sanitary Sewer 0.87 Open Space 0.00 Total $—L0.77 Servicing Type DCC per hectare of ross site area Drainage $6,267 Total $6,267 SCHEDULE "D" to BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES - RURAL AREA (Map 1) Single -Family Dwelling/ Duplex (with water) DCC_per additional lot being Servicing Type subdivided or unit being built Road $4,365 Drainage 0 Water 516 Sanitary Sewer 0 Open Space 4,397 Total 27 Single Family Dwelling/ Duplex (without water) DCC per additional lot being Servicing Type subdivided or unit being built Road $ 4,365 Drainage 0 Water 0 Sanitary Sewer 0 Open Space 4,397 Total Commercial Servicing Type DCC per m2 of the building floor area Road $27.31 Drainage 0 Water 0 Sanitary Sewer 0 Open Space 0 Tota 1 $_2 7.31 Industrial Servicina Tvoe DCC oer m2 of the building floor area Road $5.97 Drainage 0 Water 0 Sanitary Sewer 0 Open Space 0 Total SCHEDULE "E" to BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES -TOWN CENTRE COMMERCIAL AREA (Map 2) Commercial (Town Centre) Servicing Type DCC per m2 of the buildin5 floor area Road $15.52 Water 0.93 Sanitary Sewer 0.87 Open Space 0.00 'iotaI $ 17.32 Servicing Type DCC per hectare of gross site area Drainage $6,616 Total Apartment Servicing Type DCC per additional unit beingr build Road $5,661 Drainage 206 Water 701 Sanitary Sewer 99 Open Space 2985 EW. 1 DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Gordon Robson DATE: February 26, 2008 and Members of Council FILE NO: RZ/045/06 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No.6527-2007 11566 224 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) to CRM (Commercial/Residential), to permit the construction of a four storey apartment building. This application is in compliance with the Official Community Plan. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6527-2007 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading. i) Approval from the Ministry of Transportation; ii) Registration of a Rezoning Servicing Agreement including the deposit of security as outlined in the Agreement; iii) Section 219 Restrictive Covenant for the LEED (Leadership in Energy and Environmental Design) Green Building Rating System components that will be included on the final project design plans. ............... iv) Registration of a geotechnical report which addresses the suitability Of the site for the proposed development; v) Registration of a Restrictive Covenant protecting the Visitor Parking. DISCUSSION: a) Background Context: Applicant: Owner: Tarsem Gill K B S Development Ltd. Legal Description: Parcel 1, except part dedicated road on Plan LMP42053, DL 398, Gp 1, NWD Plan LMP13237 OCP: Existing: Commercial Proposed: Commercial Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: CRM (Commercial/Residential) Surrounding Uses: North: Use: Restaurant Zone: C-3 (Town Centre Commercial) Designation: Commercial South: Use: Haney Bypass Zone: Designation: East: Use: Townhouse Zone: RM-3 (High Density Apartment) Designation: Urban Residential West: Use: Vacant Zone: M-1(Service Industrial) Designation: Commercial Existing Use of Property: Vacant, previously single family residential Proposed Use of Property: Apartment Access: 224 Street Servicing: Full Urban Companion Applications: DP/045/06, VP/045/06 b) Project Description: An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) to CRM (Commercial/Residential), to permit the construction of a four storey wood - frame apartment building. The building is located on 224th Street, adjacent to the Haney Bypass. Underground parking will be provided with -access from the cul-de-sac on 224 Street- at the northwest corner of the site. There is no vehicle access or egress from Haney Bypass at this location, however a pedestrian walkway is proposed as part of this development to connect 224t1 to the Haney Bypass. Currently the RS-1 (One Family Urban Residential) zoned lot is vacant and is designated for multi -family housing in the Maple Ridge Town Centre Concept Plan. Design Details: The proposed building contains 35 units and totals 2,940 m2 (31,648 sq. ft.) of floor space. On a lot area of 1940 m2 (20,894 sq. ft.), the building is proposed to have a Floor Space Ratio of 1.5. -2- The development site is located within the Maple Ridge Town Centre and therefore, a LEED (Leadership in Energy & Environmental Design) checklist is required and will be attached to the property title through a covenant, along with the final building plans. The LEED checklist has been submitted by the architect and shows that the project is expected to achieve 30 points, which is equivalent to a LEED certified building. Some LEED components proposed for the project include a green roof, maximized density, water efficient landscaping, water use reduction, the use of regional materials, and the use of low -emitting materials (LEED checklist attached as Appendix E). The building form and exterior finishes have been designed to complement the existing character of the neighbourhood, in particular the architectural heritage of the Haney House. The project will include traditional materials such as horizontal siding and brick. The building steps back from the street at the south west corner adjacent the Haney Bypass to provide visual interest and to allow for increased view opportunities for property owners while preserving the view corridor along 224t" Street. In addition, the proposed roof line provides for a lower building profile and allows opportunities to provide visual interest to the project by including a roof top garden and a roof top amenity area. The proposed roof top garden and deck will be oriented to take advantage of the views to the South and the project has large windows on all sides to maximize view potential. Parking Bylaw Requirements: The required number of off-street parking spaces is 46 residential spaces and 7 visitor spaces. 46 residential spaces and 6 visitor spaces are proposed, a shortfall of 1 visitor space. In addition, a maximum of 10% of the parking spaces is permitted for small cars and 12% of the parking spaces are proposed for small cars. The applicant has applied for 2 variances to the Maple Ridge Parking Bylaw to permit these changes to the parking requirements. A restrictive covenant to protect the visitor parking stalls is a condition of rezoning. c) Planning Analysis: Official Community_Plan: - The subject site is designated as Commercial in the Maple Ridge Official Community Plan. Although - a commercial use is not included in this development, the proposed CRM (Commercial/Residential) zoningfor the site aligns with the Official Community Plan Zoning Matrix in Appendix C and this zone permits apartment as a principle use. Maple Ridge Town Centre Concept Plan In the Town Centre Concept Plan, which has been endorsed by Council, the designation for the subject site is proposed as Multi -Family Housing with a density of 25-62 uph/10-25 upa and a -3- building height of two to four stories. The development proposal is for a four storey:apartment with a density of 180.4 uph/72.9 upa. The Planning Department is currently preparing the Maple Ridge Town Centre Area Plan, based on the Concept Plan vision, and supports the density and use proposed for this site. Zoning Bylaw: The property meets the minimum lot width, lot depth and lot area requirements of the CRM (Commercial/Residential) zone. A preliminary review of the development plans has revealed that the proposal will require 1 variance to the Zoning Bylaw. This variance request is outlined in the Development Variance Permit section below. Development Variance Permit: A Development Variance Permit application has been received to vary the following: 1. Zoning Bylaw - Building height to accommodate the rooftop trellis. 2. Parking Bylaw- Reduced number of parking spaces (53 spaces required, 52 spaces provided). 3. Parking Bylaw- Increased ratio of small car parking spaces (maximum of 10% of spaces for small cars allowed, 12% of spaces for small cars provided). These variances will be reviewed in a future report to Council. Development Permit: The proposed development will be subject to a Development Permit for form and character. The Development Permit Guidelines that apply to this proposal are the Multi -Family Guidelines and the Regional Town Centre Guidelines for Port Haney. An application for the Development Permit has been received by the Planning Department and will proceed concurrently with this rezoning application. Advisory Design Panel: The proposed project was reviewed by the Advisory Design Panel on January 8, 2008 and was given general support by the panel but recommended that revisions to the proposal be submitted to Planning staff to address the following: ® Reconsideration of streetscape to avoid exposed retaining walls. In response, the landscaping drawings have been revised. Plants and climbing vines have: been added to provide screening for concrete surfaces along the street frontage and to aid in minimizing crime concerns. Development Information Meeting: A Development Information Meeting was held January 31, 2008 between 6:00-8:30 PM. Notice of the meeting was mailed out to all residents and owners within 50 metres of the subject property on January 141h, 2008 and notice of this meeting was published in the local newspaper. The meeting was facilitated by the property owner and project architect. A total of 14 people from the community attended the meeting. Comment sheets were made available at the entry to the meeting however no one provided written comments. In general, the community verbally expressed their support for the proposal. d) Interdepartmental Implications: Engineering Department: The Engineering Department reviewed the servicing for the development and provided their comments as follows: • 224tStreet, south of 116 Avenue is to be finished to provide a fire lane and sidewalk. • The availability of a sanitary sewer to serve this site is questionable. • Storm Sewer and Drainage work are required. • A new hydrant on the west side of 224 Street is required. • A site water service connection is required. • As the proposed building will be built into a hillside a preliminary geotechnical report in support of the proposal is required. • Utility company service connections must be underground. • The building site will be cut down below the existing ground by about 4 meters in the northeast corner. The applicant should work with the property immediately to the east to achieve a more compatible match between developments and reduce the height of retaining wall along the east side of this site. Parks & Leisure Services De artment: The Parks & Leisure Services Department have identified that after the project is completed they will be responsible for maintaining the street trees. In the case of this project it is estimated that there ................. . will be an additional 8 trees which is based on one tree per lot; final servicing design will provide exact numbers. The Manager of Parks & Open Space has ""advised ""that " the maintenance requirement of $25.00 per new tree will increase their budget requirements by $200.00. Fire Department: A site plan showing road footage on 224 Street that includes slope grading of street and access to main stairs as well as driveway access to the underground parking must be submitted to the Fire Department for approval. - W72 e) Intergovernmental Issues: Future road improvements being considered for this area that are adjacent to this site are located on lands owned by the Ministry of Transportation. This application is being referred to the Ministry of Transportation for comments. f) Environmental Implications: This site slopes considerably and the intent of this application is to build a building into the hillside. The applicant has provided a preliminary geotechnical report in support of the proposal. No watercourses pass through the subject property. CONCLUSION: The proposed CRM (Commercial/Residential) zone conforms to the land use designation in the Official Community Plan. It is therefore recommended that application RZ/045/06 be favourably considered and that Maple Ridge Zone Amending Bylaw No. 6527-2007 (Appendix B) be read a first time and be forwarded to Public Hearing. Prepared by: Erika Syvokas Plan Tec nician dF 'mg,-ragMCIP Dislam Zr Approved by: Concurrence: J. k Quinn, MBA, P.Eng : Public Works & Dev�apr�ent Services (Jim) Rule f Administrative Officer The following apndices are attached hereto: Appendix A - Subject Map Appendix B- Bylaw No..6527-2007 Appendix G- Site Plan Appendix D-Architectural Plan Appendix E- Landscape Plan Appendix F- Green Roof Plan Appendix G- LEED Checklist >n L N N co PA iK CV ! N N N N N N CALLAGHAN AVE. 2 I A nPA �v eo 1163o 4 P 85354 to V)� cL wS 337g C14131 25 N 0 M N7 11595 (0 4- Rem. a �° u1 LLJ A 11613 24 COD ar 2 p 1 S5 N N � 22 Lo rL Ei 11612 a ryly Rem 9 65880 Rem 9 Rem 8 RP 6755 11 g ?1?5g 1566 Subject Propeity Rem 10 Rem (p 9 P 58284 Rem 1 M A s) ICY 112 q B NWS 3383 P 86773 Reny Rp2r�0 >>3 C k Rem 1 P 87404 Rp 5335 RP 46oS N ED R0�D p 7S6 S4F tigN��e Y H ARss L Rp Q 46s � M A638 r� 11 Langley ftv r- ■.rwa 11566-224 St n Uy CORPORATION OF THE DISTRICT OF - MAPLE RIDGE PLANNING DEPARTMENT DATE: Nov 7, 2007 VP1045106 BY: JV Append x .6 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6527-2007 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. 6527-2007." 2. That parcel or tract of land and premises known and described as: Parcel 1 Except: Part Dedicated Road on Plan LMP42053; District Lot 398 Group 1 Plan LMP13237 New Westminster District. and outlined in heavy black line on Map No. 1414, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to: CRM (Commercial/Residential) 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , A.D. 200. PUBLIC HEARING held the day of , A.D. 200. READ a second time the day of , A.D. 200. READ a third time the day .of A.D. 200 APPROVED bythe Minister of Transportation this day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. MAYOR CORPORATE OFFICER o�,s, rrs5a 22 21 20 19 18 rrs� �rss47 B a P 55 RP 52214E �,11 85 84 nj j P 41741 A rrss !lsssr2 !21l 1I,0 RP 619 RP 5637 s 83 P 82887 P 1 rJrJ r164 P 464 rlssp .834 hajj� jib 113�86 ry H A 11 �12 13 14 2 Id II Q P 76188 ry �� ^ N N N P K h h CV 1 j1 2 �8 BRICKW000 CLOSE CALLAGHAN AVE. N N Ep~ —_ 8¢z2 �� �� A N P 768 - CALLAGHAN AVE, � 2 `� p 47ry��'~" /87 ryry P 4273 cl. A 18 Ln lrsso CL ° 8535¢ Q 23rL N 337 deg d/ RW 47gs 2 4 31 3 h a 13-2 `� 25M O1 A 9 P 41741 rrss 88 Rem 90 ti H N LO o 1161 A N Rem RP 82880 P 41741 1160 116 AVE. d 6i��Wry N 2 4RQ 22! p $5 -77Y RA ALE �4�5 Real. 9. u�1 15 Qo o [if7161� 1>580 ry ! I h 0.596 ho 8 rr58 ° 14 Q Re 9'n RP 6588 Rem Rem ! RP 6755 0 T T ! $66 1 j j Pe 91 m. 41741 1 � 8 sfof7 ^$ n h0 Rear � tr57 Rr�eR Rp 9 Rem 1 prl.q (pq lss) p 58284 a H NW5 3383 ry rl 2F P 86773 3 i Rem / RA Il,LM i p 4 2i o 05 3 n S h K Rem 1 �// P 87404 Rem. 115 Q 12S Rp P 58321 ,3 Rp 5 Rp LP P 335 46059148 NAT. BOY(RPN BDY (RP 5 33 5) H SS NAT. BOY (RP. 605) RF L pAc/FrC �r<W, 4f A NAT. BOY (P 15654F)J NAT. BOY (P 43961C) sk' 48r6 i 2? 17, (0 Q MAPLE RIDGE ZONE AMENDING Bylaw No. 6527-2007 Map No. 1414 From: RS-1 (One Family Urban Residential) To: CRM(Commerciol/Residential) 1:2500 g1lZ Y �gN OR•J - y gs $��S�Y6� .. =arx 1K1i 315ltiT11�17J � ® F� p_ Hp q • �oa� i �, Q�g�q�$e� - � •�� 76 �2134lM2'13�lL5 Yvz ggL11 ,� � $§ � ¢ gp9gp &&9�5g55g3F @ RAQTfH 718IlNJdd 3lYl Sri .y'�ya �eF�i tBLI p� 1X8@GBCi� iGlm® 1pC 1� ue 1415 Yn ' Vwt � �gg }T��"'• E � n �. y, pq, µ 11�� 'GL151lB�dOliMiCi$3:1 i � �ng� �� i +K hNof p NgYtN a; P cell S O d k X x x X X x k k k X x z n REEK E9 z VAR Q d m N as 1�171J1 $z <774moaW�oz ul E1E xz a a ti` If n Q I IT, i3 F"� ! ' ApEE��� MCI . ; Ill��lllillllll _.� �� Cnmuu�rrrrnf ,�� � �Illllllllllll(II� o l s,. �� � ■I � � �I�iii�.r��l w� �. a� xHHH! ffi Appe ;x H H" ?3� 6 W. 5Z a 6TIo H@ uC a � P C�BF 3. 0 N W f xx m � a p4C � e lilts; - .........., .,oe.sc4a».c.�.ngeR8Q�a4 �4�e s-ARaYsxxn se�R �m��m���i2335��:BdeHB��R.��>.i�£u�Px�oQom��Yav$�<zmr / / y�� } a` a9333 ffi - �p�•�IlIJl1�5 oa gp.laaaRig, Fa lBIN 31 alol if 1 I \ �\ DPD°DD•. i I¢n4� I$� �WF�oZkm I �� �b. •'.' � I ��ks33Q�t : DpG POD•'' •. I �SHa�S} yqg W `.�j HIM a Fit I I I ���PvgEE#BtlrwU�cCa ���iitilA /� CJ LEEL T %oanada-NC 1.0 Project CheL._Jist �T�MENTMl1RP`S`4. Yes ? No Project Name Yes ? No Yes ? No City, Province "ereq I Erosion & Sedimentation Control Credit 1 Site Selection Required equired Credit 2 Development Density • - jam,, Credit 1 Redevelopment of Contaminated Site /� Credit 4.1 Alternative Transportation, Public Transportation Access Credit 4.2 1 Alternative Transportation, Bicycle Storage & Changing 1 Credit4.3 Alternative Transportation, Altemative Fuel Vehicleg g Rooms -- Credit 4.4 Alternative Transportation, Parking Capacity Credit 5.1 Reduced Site Disturbance, Protect or Restore Open Space Credit 5 Reduced Site Disturbance, Development Footprint Credit 6.1 Stormwater Management, Rate and Quantity Credit 6.2 1 Stormwater Management, Treatment 1 Credit 7.1 Heat island Effect,. Non -Roof Credit 7.2 1 Heat Island Effect, Roof t ^redit 8 Light Pollution Reduction,— • relit 1.1 Water Efficient Landscaping, Re�. redduce by spa/o ;t 1.2 Water Efficient Landscaping, No Potable Use or No 1� 'edit 2 Innovative Wastewater Technologies gation -- i 'edit 3.1 Water Use Reduction, 20% Reduction edit 3.2 1 Water Use Reduction, 30% Reduction i �,,� Prereq 1 Fundamental Building Systems Commissioning 0. ® g Prereq 2 Minimum Energy Performance Required Prereq 3 CFC Reduction in HVAC&R Equipment Required Credit 1 Optimize Energy Performance- -�y� Required Rene Credit2.1 "jam, ' wable Energy;...5% to 1� _. credit 2.2 Renewable Energy, 10% Credit 2.3 1 Renewable Energy, 20% 1 Credit a Best practice Commissioning Credit 4 1 Ozone protection � Credos Measurement & Verification Credit B 1 Green Power 1 1 FMCH CaGsC RECEIVE® LEED Canada -NC Checklist Nov - l z00r Page i a ? No Prereq 1 Storage & Collection of Recyclables Required Credit 1.1 Building Reuse: Maintain 75% of Existing Walls, Floors, and Roof 1 Credit 1.2 Building Reuse: Maintain 95% of Existing Walls, Floors, and Roof 1 Credit 1.3 Building Reuse: Maintain 50% of Interior Non -Structural Elements 1 Credit 2.1 Construction Waste Management: Divert 50% from Landfill 1 Credit 2.2 Construction Waste Management: Divert 75% from Landfill 1 Credit 3.1 Resource Reuse: 5% 1 Credit 3.2 Resource Reuse: 10% 1 Credit 4.1 Recycled Content: 7.5% (post -consumer -r 1/2 post-industrial) 1 Credit 4.2 Recycled Content: 15% {post -consumer } 1/2 post-industrial) 1 _ Credit 5.1 Regional Materials: 10% Extracted and Manufactured Regionally Gredit5.2 Regional Materials: 20% Extracted and Manufactured Regionally Lij Credit 6 Rapidly Renewable Materials 1 Credit 7 Certified Wood 1 Credit $ Durable Building Yes ? No V Prereq 1 Minimum IAQ Performance Prereq 2 Environmental Tobacco Smoke (ETS) Control Credit 1 Carbon Dioxide (CO2 ) Monitoring Credit 2 Ventilation Effectiveness ,._U i K�ipoL.�_� Credit 3.1 Construction IAQ Management Plan: During Construction Credit 3.2 Construction IAQ Management Plan: Testing Before Occupancy Credit 4.1 Low -Emitting Materials: Adhesives & Sealants Credit 4.2 Low -Emitting Materials: Paints and Coating Credit 4.3 Low -Emitting Materials: Carpet Credit4.4 Low -Emitting Materials: Composite Wood and Laminate Adhesives Credit 5 Indoor Chemical & Pollutant Source Control Credit 6.1 Controllability of Systems: Perimeter Spaces Credit 6.2 Controllability of Systems: Non -Perimeter Spaces Credit 7.1 Thermal Comfort: Compliance Credit 7.2 Thermal Comfort: Monitoring Credit 8.1 Daylight & Views: Daylight 75% of Spaces Credit 8.2 Daylight & Views: Views 96% of Spaces Required Required 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Yes ? No o—T Gam` r " z--r� s Credit 1.1 Innovation in Design _6W_ � f>t� —.suoj Credit 1.2 Innovation in Design 1 Credit 1.3 Innovation in Design 1 Credit 1.4 Innovation in Design 1 Credit 2 LEED& Accredited Professional 1 Yes ? No Ohl r t ° i ' ° z . 6CKS�'LC y -Is- CaGBC LEED Canada -NC Checklist Page 2 SUBJECT: Development Permit and Development Variance Permit 22858 Lougheed Highway EXECUTIVE SUMMARY: A Development Permit application has been received for the above noted property to permit the construction of a 21 unit apartment building in the C-3 (Town Center Commercial) zone. The C-3 zone allows "apartments" as a principal use. The subject site has dual zone existing on it and this development is proposed on the portion zoned C-3 (Town Center Commercial). A part of the land zoned RS-1 (282 m2) comprising of the setback area around the watercourse (tributary of Indefinite Creek) at the rear end of the subject site will be covenanted for conservation along with re -vegetation and enhancement works and a 5 year maintenance agreement. This development site will be subject to Multi -Family Development Permit Guidelines (to address the form and character of the development) and the Smart Growth on Ground principles due to its location within the Regional Town Center Area. This report will address the requirements of Section 8 of the Official Community Plan for a Multi -Family Residential Development Permit for this apartment building. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/091./07 respecting property located at 22858 Lougheed Highway; and further That the Corporate Officer be authorized to sign and seal DP/091/07. .......... DISCUSSION. - a) Background Context: Applicant: Toews Warner Bissky Architecture Owner: 0790827 BC LTD Legal Description: Lot 11, Block 2, Section 17, Township 12, Plan 12197 OCP: Existing: Commercial Proposed: Commercial �7® Zoning: C-3 (Town Centre Commercial), RS-1 (One Family Urban Residential) Surrounding Uses Forth: Use: Service Commercial (one -storey Firestone Store) Zone: CS-1 Designation: Commercial South: Use: Commercial and Residential (vacant house and a storage shop) Zone: RS-1 and C-3 Designation: 70% Commercial and 30% Conservation East: Use: Single Family Residential north of Lougheed Highway Zone: RS-1 Designation: Residential West: Use: Single Family Residential Zone: RS-1 Designation: Commercial Existing Use of Property: Proposed Use of Property: Access: Servicing: Previous Applications: b) Project Description: Vacant Multi -Family Residential Lougheed Highway Full Urban None The subject site was vacant and vegetated until 1960s. A single family residence and a storage building existed on the southern portion of the site from early 1960s to early 1970s. This site has been vacant until present, after removal of the residence and storage building in early 1970s. A 4.5 m storm sewer right of way along the north-west edge contains a drainage pipe which empties into a gully at the extreme south west corner. Properties in the vicinity of the subject site have been mixed single family residential and commercial The subject site, 0.152 HA (0.375 acres or 1520 m2) is located within the Smart Growth Town Centre Concept Plan area. The property is centrally located within 5 minutes to shops, restaurants, health clinics, and provides opportunities for commerce, as well as job generation for the residents. The site slopes gently to south-west .and main" access to the proposed development is from Lougheed Highway at the east side. The development features 21 small one and two bedroom units (sizes ranging from 57 m2 to 102.9 m2); each unit has a private patio, terrace or balcony screened from adjacent units. The building upper levels are brought forward to the street for better street presence (this being the proposed variance to the setbacks required in the C-3 zone). This proposed residential development will provide increased densities to bring more people closer to commercial areas, with smaller units aimed at affordability. The project aspires to achieve 30 LEED points through site selection, efficient water usage, optimization of energy use, improved air quality, and efficient use of materials, etc (Appendix C). A preliminary Geotechnical report done by "Valley Geotechnical Engineering Services Ltd." and an Environmental Assessment report done by "Keystone Environmental" recommend that the building foundation be designed in accordance with the 2006 BC Building Code and the site may be used safely for its intended purposes, provided -2- purposes, provided recommendations in the report are followed. The Building Permit Staff has reviewed the Geotechnical report. The Official Community Plan designates the subject property for commercial use. The property has dual zoning on it; C-3 (Town Centre Commercial) and RS-1 (One Family Urban Residential). The C-3 zone allows "Apartment" as a principle use and this development is proposed on the portion zoned C-3 (Town Center Commercial). c) Planning Analysis: Applications for Development Permits are assessed against the following Key Design concepts, as follows: 1. New development into established areas should respect private spaces, and incorporate local neighborhood elements in building form, height, architectural features and massing. The site is currently vacant with some existing trees and the development features twenty-one small one and two bedroom units; each unit has a private patio, terrace or balcony screened from adjacent units. The building upper levels are brought forward to the street for better street presence. Privacy of adjacent sites is enhanced by this building form, as units and their private balconies are oriented either to front or back, and side yards are increased to 4.55m along the north side, and minimum 3.1rn along the south. The proposed materials are chosen for compatibility to residential scale, including a combination of stained red cedar siding and red cedar shingles, painted wood facia, asphalt shingle roofing and vinyl windows. Architectural features include wood fence, concrete columns forming an arched entrance and sculpted massing with balconies and patios facing the highway (Appendix B, North-east Elevation) reinforced by the broad sheltering overhangs of roof and terrace features. 2.. Transitional development should be used to bridge areas of low and high densities, through means such as stepped building heights, or low rise ground oriented housing located to the periphery of a higher density developments. Building mass along the street front is articulated with a solid (wall) and void (balcony) surfaces to break down the vertical surface and address the pedestrian scale of the public sidewalk. Top floor step -back is enhanced with broad overhanging horizontal roof lines as counterpoint to the vertical_mass. The compact building form -is -set -upon -a second floorterrace,extends to the front, side and rear of the building. At the rear, a buffer area is created due. to the area dedicated as park and the covenanted area from the adjacent single family houses. Ground floor units have private patios that extend with landscaped gardens and paved pathways to the street. 3. Large scale developments should be clustered and given architectural separation to foster a sense of community, and improve visual attractiveness. A focal entry point serves as a visual feature although the proposed development is not large- scale. Apartments at the front of the building capture views to mountain, while units at the back take advantage of the views to the ravine and the river beyond. Sea 4. Pedestrian circulation should be encouraged with attractive streetscapes attained through landscaping, architectural details, appropriate lighting and by directing parking underground where possible or away from public view through screened parking structures or surface parking located to the rear of the property. Parking is proposed at grade and the unit sizes.kept small with an intention of keeping the apartments affordable for all. Access to the site is from Lougheed Highway located at the north- west corner, separated from the lobby entrance and controlled by a proposed sliding security gate to concealed parking beyond. Parking facilities are concealed from public view, under the terrace and behind the proposed fencing. d) Green Building Design: The project architect has submitted a green building rating system checklist for the proposed development and is proposing to achieve a total of 30 points (Appendix D), which is the equivalent of a certified LEEDS building (note: the applicant is not intending to certify the building). The LEED Checklist outlines sustainable design components such as water -efficient fixtures, use of ground - source heat pumps, use of unit paving in combination with landscaping to reduce the heat island effect, bicycle rack and storage, natural lighting for rooms and use of environment friendly building materials. . e) Off- Street Parking and Loading Bylaw: The C-3 (Town Center Commercial) zone, for an apartment use requires 1.0 parking space per unit for residents and 0.2 spaces per unit for visitors. This proposal requires a total of 26 parking spaces out of which SO % can be for small cars. The applicant has proposed 26 parking spaces out of which 3 are for small car and two are handicapped parking spaces. A total of 5 visitor parking stalls have been provided, out of which 2 are for small cars. A "Visitor Parking Covenant" will be registered on title before the issuance of the Development Permit, to ensure that visitors parking remains designated for visitors after stratification of the development. A bike storage room has also been provided for residents and a 3 bike parking rack is provided for visitors (Appendix B, Site Plan). f) Variances to C-3 zone: The applicant is requesting the following setback variances: Required front setback foe third" and fourth floors = 7.5m; proposed setback= 3.5m. This is with an intention of addressing the street front in a better way. Required side setback for 4th floor=4.5 m; proposed setback= 3.05 m. f) Advisory Design Panel: On December 11 2007, the Advisory Design Panel reviewed the proposal and generally supported the proposed development with the following recommendations: • Improved entry canopy as focal entry point • Stronger materiality (reduction in vinyl siding) • Reduce the overall paved (impervious areas) on the lot and introduce more green areas -4- The project architect has revised the design to address the above concerns and the panel members have confirmed that they support the revisions. Vinyl siding has been replaced by a combination of stained red cedar siding and red cedar shingles. Parking layout has been revised to add more green areas which will serve as a "play area" for kids. g) Intergovernmental Issues: This application will not require approval from the Ministry of Transportation because the proposed total GFA (gross floor area) is 1747.8 m2 (less than 4500 m2) and there is no rezoning involved. However, since the access to subject site is from Lougheed Highway, The Ministry of Transportation will be informed about this proposal. They have confirmed that no approvals are required. h) Environmental Implications: The applicants Environmental Consultant and the District's Environmental Planner have met and agreed that a 10.0 m setback area from the established top of bank will be covenanted for preservation. A Habitat Protection Covenant will be registered on title before the issuance of the Development Permit. This setback is appropriate given the limited site area and the facts that the headwater area of this stream has been severely impacted and manipulated over the years and a culvert begins the water course. Enhancement and re -vegetation has been proposed in the 10.0 m setback area and will have a security of $15,244.43 with a five year maintenance agreement (Appendix E, F and G). The Environmental monitor (Nadia Baker, Terra Planning Ltd.) has signed off monitoring schedules "D" and "E" attached to the proposed Erosion Sediment Control Plan. i) Citizen/Customer Implications: Since the land is pre -zoned and less than 25 units are proposed in the C-3 zone (Town Centre Commercial), this development does not require a Development Information Meeting. j) Financial Implications: As per a Council resolution passed on September 10, 1990, there will be a bonding for 2.5 % of the estimated total construction cost of the project as Landscape Security. This security is also intended to ensure the form and character aspect of the Development Permit along with the proposed ......Iandscap.ing..works....A.refundable security -equivalent -to.2�/z% of the estimated value of construction, - including landscaping on site, outside the covenanted area ($65,346.32) has been paid. 16V k) CONCLUSION: This residential development will provide increased densities to bring more people closer to commercial areas, with smaller units (sizes ranging from 57 m2 to 102.9 m2) aimed at affordability. Project proposes to be sustainable, aspiring to achieve 30 LEED points through site selection, efficient water usage, optimization of energy use, improved air quality, and efficient use of materials. However,.setback variances as described in this report will be required for this proposal. Prepared by: Rasika A harya, B-Arch, M-Tech, UD (SFU) Plann�N Ap roved J eP(ck-ering,0LPMCIP Director of Plann' Approved by. =Frank Quinn, MBA, P.Eng GM. Public Works &Qvelopment Services J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A: Subject site map Appendix B: Site Plan and Architectural drawings Appendix C: Landscape drawings Appendix D: LEE© Checklist Appendix E: Enhancement and Replanting Area Plan Appendix F: Cost Estimate for re -vegetation and enhancement works M I z f 0 J U- m N Rem. 63 P 51655 RITCHEAVE. o NW 1830 12 11 2 11692 11695 10 ti ti 3 11682 ago c* 11681 a n. g 4 11672 11669 8 5 11662 11661 7 n 6 N N N N ado 1 a a P 72307 11775 P 41319 84 127 . (If - 106 105 11768 11761 N 112 1 11764 11765 11761 63 128EP 51052 P 42061 m N 0o A Rem. CLIFF AVE. IL S 1/2 1 108 11749 11750 11747 Rem 11739 o a o 0 LP 82566 !o N 1/25 68 1 2 N m 3N 4 N A Gc�Ffi P 81957 co P 71 17 O�ca 11736 Rem d cL P 8881 P 703E 3 67 Rem.A 1 2 LOT S1125 0 11716 m " n cNv n B� �hh 117 AV E. 00 5ti� SUB.IECT PROPERTY N 227 N N N a � o � LOT 2 h 243 244 245 P 12588 n. 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TO: DISTRICT OF MAPLE RIDGE His Worship Mayor Gordon Robson and Members of Council Chief Administrative Officer DATE: February 25, 2008 FILE NO: DP/DVP/105/07 DP/106/07 ATTN: C of W SUBJECT: Development Permit and Development Variance Permit 11952, 11958 and 11962 224 Street EXECUTIVE SUMMARY: A Commercial Development Permit, Multi -Family Development Permit, and Variance Permit has been received for properties located at 11952, 11958, and 11962 224 Street. The subject properties are located on a prominent corner within the Regional Town Centre. The applicant proposes to construct a mixed use building, which includes ground floor commercial and three storeys of residential above. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/105/07 respecting properties located at 11952, 11958, and 11962 224 Street; and further That, the Corporate Officer be authorized to sign and seal DP/105/07 and DP/106/07. DISCUSSION: a) Background Context: Applicant: Dave Prakash Owner: D B Prakash Properties Ltd Legal Description: Lot: 12, D.L.: 398, Plan: 4076, Lot: 81, D.L.: 398, Plan: 39238, Lot: 82 D.L.: 398, Plan: 39238 OCP: Zoning: Existing: Existing: Surrounding Uses North: Use: Zone: Designation South: Use: Zone: Regional Town Centre Commercial C-3 (Town Centre Commercial) Commercial C-3 (Town Centre Commercial) Regional Town Centre Commercial Park P1 (Park and School) 7103. Designation: East: Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Previous Applications: b) Project Description: Park Commercial C-3 (Town Centre Commercial) Regional Town Centre Commercial Commercial C-3 (Town Centre Commercial) Regional Town Centre Commercial Commercial Commercial & Residential 0.1038 ha (11172.9 ft2) 224 Street, McIntosh Avenue, parking accessed by rear lane Full Urban VP/012/097 The subject property is located within the Regional Town Centre at the corner of 224 Street and McIntosh Avenue. The applicant is proposing a mixed use building which includes ground floor commercial and 3 storeys of residential above. The applicant has submitted a landscape plan, which has been supported by the Advisory Design Panel. The applicant has made efforts to ensure that this proposal is consistent with the Town Centre Concept Plan policies regarding Mixed Use (Commercial Required) such as: 1. In mixed use areas, the maximum building coverage should not exceed 80%. ■ Although the C-3 (Town Centre Commercial) zone allows for a maximum lot coverage of 100%, the applicant has reduced their site coverage to 80.2%, which is very close to the 80 % lot covererage suggested in the Town Centre Concept Plan. 2. In mixed -use areas, up to 4 storey buildings are proposed in the near term. 3. To create a consistent street wall and continuous shopping experience, buildings in mixed -use areas should have no setback or a maximum 1.5m setback from the property line. 4. All mixed use buildings should have their primary facades facing public streets. 5. Building size, massing and siting should be consistent with pedestrian scale, accessibility and comfort. 6. For visual interest, balconies can be stepped, shared, small, large, or staggered in design. The applicant has created various balcony designs for visual interest. 7. Street level commercial uses should feature awnings above the sidewalk, which help to buffer noise from street and sidewalk to the residential units above. Such elements also offer weather protection. -2- To meet some of the policies within the Town Centre Concept Plan the applicant is requesting variances to the setbacks. The applicant has made commitments to meet the LEED standards and has submitted a LEEDs rationale. The proposed building requires 16 commercial parking stalls, 15 residential parking stalls, and 3 visitor parking stalls for a total of 34 parking stalls. One of the parking stalls will be for disabled persons as required. 27 parking stalls will be located on site. Of those 27 onsite parking stalls 25 will be located underground and 2 will located to the rear of the property. As permitted in the Off -Street Parking and Loading Bylaw, the applicant is proposing to purchase 7 off -site parking spaces at $12,500.00 per space for the commercial uses. The parking spaces will be located at 22558 McIntosh Avenue, which is near the transit exchange. A loading zone has been provided at the rear of the property, which will accommodate the type of delivery trucks they anticipate for the commercial uses. c) Planning Analysis: Commercial Development Permit Area The purpose of a Commercial Development permit is to foster attractive commercial areas that is compatible with adjacent development and enhances the unique character of the community. The key concepts are as follows: 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. • The existing development is surrounded by commercial uses. • Landscaping plans have been submitted and are supported by the Advisory Design. Panel. • Although the rear lane is narrow, the applicant has opted to setback the rear parking spaces and loading space to allow for a better turning radius. 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 applicant is proposing areas for outdoor seating at the rear of the property. • A curving canopy along 224 Street and McIntosh Avenue has been proposed for weather protection. + Pavers are proposed below the canopy and follow curve of the canopy to enhance the streetscape. • The majority of on -site parking is located underground; rear parking will be partially screened with lower growing plants while still allowing for some visual clearance. • The corner offers two interesting cylindrical elements made of glass that is carried from the ground floor up. • The applicant is proposing a unique curved roof to offer a modern look to the town centre. -3- 3. Promote sustainable development with multimodal transportation circulation, and low impact building design. • The subject property is located close to public transportation. • The proposed canopy and outdoor spaces create more inviting areas for pedestrian circulation. 4. Respect the need for private areas in mixed use development and adjacent residential areas. • The surrounding uses are commercial. • Each residential unit will have its own private balcony. 5. The form and treatment of new buildings should reflect the desired character and pattern of development and adjacent residential area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. • The use of brick ties in with the civic buildings nearby and offer a modern look similar to the ACT. • The modern look of the building could be precedent setting for future development within the town centre. Multi -Family Development Permit Area The Multi -Family Development Permit Area was established to enhance existing neighbourhoods with compatible housing styles that meet diverse needs and minimize potential conflicts on neighbouring land uses. The key concepts are as follows: 1. New development into established areas should respect private spaces, and incorporate local neighbourhood elements in building form, height, architectural features and massing. • The use of brick and glass on the proposed building relates to the neighbouring civic buildings. • The height and massing is similar to surrounding buildings. 2. Transitional development should be used to bridge areas of low and high densities through means such as stepped building heights, or low rise ground oriented housing located to the periphery of higher density developments. • The proposed development fits in with the density of the surrounding properties. 3. Large scale development should be clustered and given architectural separation to foster a sense of community, and improve visual attractiveness. • The proposed mixed use development is clustered with other commercial uses. -4- 4. Pedestrian circulation should be encouraged with attractive streetscapes attained through landscaping, architectural details, appropriate lighting and by directing parking underground where possible or away from public view through screened parking structures or surface parking located to the rear of the property. • The applicant has proposed a curved canopy along 224 Street and McIntosh Avenue for weather protection for pedestrians. • Pavers have been proposed which follows the line of the curved canopy. • The majority of parking is located underground and surface parking is located to the rear. Development Variance Permit Zoning Bylaw The applicant has requested the following setback variances. Required Setback (m) Proposed Setback (m) First Floor Rear 6.0 4.8 Second Floor Rear 6.0 5.7 Third Floor Front 7.5 0.6 Rear 7.5 5.7 Front 7.5 0.5 Fourth Floor. Rear 7.5 5.6 Exterior Side 4.5 0.0 Interior Side 4.5 2.9 The variance request for the first floor is to allow the canopy to extend further into the setback to enhance weather protection for customers. The proposed canopy does not extend into public right-of-way; however, the Town Centre Concept Plan suggests that "Street level commercial uses should feature awnings above the sidewalk..." The variances on the second floor are required for the balcony, which is a unique circular shape which adds interest to the building and give the resident more outdoor living space. It also facilitates "eyes on the street" as suggested in the Town Centre Concept Plan. The variance requested for the front of the third and fourth floors complies with the policies of the Town Centre Concept Plan which states that "To create a consistent street wall and continuous shopping experience, building in mixed -use areas should have no setbacks or a maximum 1..5 m setback from the front property line." Also, to compensate for this relaxation, the applicant has proposed to increase the front and exterior side setback to approximately L5 m from the front and 1.75 m from the exterior side, which will allow for improved pedestrian circulation since .both these sidewalks are narrow. -5- The variances to the rear, exterior side, and interior side of the third and fourth floor have been requested to avoid a tier -shaped building that is created by the setback requirement in the C-3 (Town Centre Commercial). Subdivision and Development Servicing Bylaw The applicant is also requesting variances to the required road carriageway width of, McIntosh Avenue, the required lane width, and the requirements for street trees along McIntosh Avenue as per the Subdivision and Development Servicing Bylaw. The Engineering Department's comments state that "Street trees are likely not possible on McIntosh Avenue so the landscaping plan will need to take this into consideration". The applicant has considered this and has offered various planters and plants on the second floor. The applicant has also proposed narrow trees to the rear of the property. The applicant -is requesting that the existing road carriageway width remain the same. The Engineering Department has stated that "variances will be needed for a reduced road standard on McIntosh Avenue and in the lane. The constructed road width of both frontages will remain as they are due to the limited road allowance available. The existing road is approximately 6.Om wide and the lane is approximately 4.6m wide. The required widths are 11.6m and 6.Om respectively." d) Advisory Design Panel: That the Advisory Design Panel supports the general concept as presented with the following recommendations to go back to the Planning Department • Ground floor to resemble more of a Commercial appearance The ground floor has large windows and with the addition of appropriate signage, the ground floor will resemble more of a Commercial appearance. •. . Design development. conside.r.l.ocatio.n of stre..et trees and.shading of ground. floor The applicant has identified the existing street trees on the landscape plan as suggested by the Panel. Since it is not possible to have street trees along McIntosh Avenue, as suggested by the Engineering Department, the applicant has provided planters and trees at the rear. • Design development encourage the appropriate detailing for the junction of different materials The applicant will be working with the manufacturer of the flush metal panels to create customized panels for the project to ensure that the junction of materials will flt. The junction detailing will also be included in the building permit drawings. • Design development address the size of the smaller living rooms The units in question were those on the south east corner. The applicant has adequately enlarged those living rooms by making adjustments to the bedroom sizes. The bedrooms are still of adequate size. • Applicant to provide a final materials board to Planning staff The applicant has submitted the materials and colour board attached. • Applicant to submit a statement on sustainable initiatives on the project The applicant has submitted a statement.. The Planning Department is satisfied that the applicant has met the above recommendations from the Advisory Design Panel. e) Financial implications: A refundable security in the amount of 2.5% of the total construction costs will be required with this Development Permit. Based on an estimated construction value of $2,500,000.00 the security will be $62,500.00. -7- CONCLUSION: The subject property is a prominent site with the Regional Town Centre. The applicant has proposed a building which meets the intent of the Commercial Development Permit and Multi- family Development Permit Area. The form and character of the proposed building relates well to surrounding properties and encourages pedestrian circulation. The applicant has also made significant efforts to meet many of the Town Centre Concept flan policies. The requested variances further support the Town Centre Concept Plan. Therefore, it is recommended that DVP/105/07, DP/105/07, DP/ 106/07 be given favourable consideration. Prepared dina Le g Planning Technician am Pla approved by: F,�ank Quinn, MBA, P.Eng GM: Public Works & Develo ent Services Concurrence: J.V (Jim) Rule C ief Administrative Officer AL/dp The following appendices are attached hereto: Appendix A: Subject. Map.... Appendix B.- Site Plan Appendix C: Elevation Drawings Appendix D: Colours and Materials Appendix E: Rendering Appendix F: Landscape Plans -8- 12021 Rem co 26 2 112026 52 Lo 00 co 1 * 27r Bto CO a IIl cn M N N N CN Ncq N o Rem. �l- P 4E ce) a DEWDNfY TRUNK RD P 61856 EP 9471 OD o LO It It �� � v �_� o 130 11998 P 67041 d' O � a- N (cq 0 N 8 M e N N C N N CV N rn °' N A n EP 11502 N* 6 5 Il- r- � M co 11992/94 103 N N r N Of M¢ v N 1 SUBJECT PRCP0RTIE P3 06 w M 11982/86 McINTOS 11955/65 uy 06 A 11969 11968/70 1 17 •• C 20 N B 11965/67 P 4076 �w a N > $ P 39238 � 11962 N �-, M aEi RP 52529 1195a 81 to N M N IT 11 Pei. C1955 LO 11952/54 12 N 04 P 4076 N CL MCINTOSH AVE A ctoo 80 1 11939 NWS 267A N RP78676 151 LP 77311 Rem. P 74119 118 P 60562 LMP 46699 n P6 24P 32 06 44 39 B A 41 11915/19 " _42 = 11909 t= 1 Leisure Complex M 1 m E 11925 co N N N N N (P 3206) LMf� 46997 119 AVE. M 8 `o 5 N 6 N 7 N 11893/95 District of Pitt Meadows SCALE 1:1,500 District of Langley 11952/58/62 224 STREET n .N N_ 2 CORPORATION OF THE DISTRICT OF ® MAPLE RIDGE PLANNING DEPARTMENT 11, 2007 FILE: DP1105107 App"d* C� 6 y H 00 A lJ C � I I � � F +ped;x C �ffend;-r C O gw O fx. O C+i m RJ u AU M 0 R d,y) auc7 m (padold °ol II mi II °II I I II ! #f +w+ ^ ! I I Kp a 1 li 1 I I 1 I t I i #f I I! II I! #I II If fl I I I !! I fl ! fl i II v I it I !1 y ^ i I II w III y � III � V! w u G ro II U V W II I! I I I! I� aurj dlaadWd W91 0 Im UI C) m m h >n � m I I I L 0 ' a P (Iealddy) auto �Claadoad I I I I LI of III � II � RII G m wll j IE it I Ilk III. v �m� III W I II i II •z} I I II ! I I ! ! ! II II li €€€ u II n zTv v I v I n Yt I II !L II i II 1 Il of ail of �,II u.l III mll I II I E� (I. ddy) MI .i}aadoad ,�PPen�;x c orsi L Ict ZOY ZO'£ r 9S't I BB'Z 0 0 0 0 0 C3 N .r C1 W d' 0b Q L m ds b o m ([eotd fy) ourl w U U V - Al ladoad — — I 11 I I II I II I I 11 I II I I II B I II I II I II I II I II l T I II - tr I1 11 if to f t if yb + If a I' 7mF I rf qw � s.a.1 I 11 y^ i t tf L p m if ej I L 1! rr if I I I �, F r Ir rlr r 1 !t 11 1 f I if r t !f I ! rt II I f 1I II r .y 1 .".. ....+ If ....._... ff ........... it ........ .................... i 1 f f1 II f I rl II t t !I U II i r l fr � II i_ II o � II I II I II I II ! I I (lea[ddy)" ac[c7 p lsadoJd m a Appenbc .D COLOUR BOARD Sloped Metal Roof: Light Beige Brown Roof Fascia: White Capping Flush Metal Panel: Metal Roof: Light Beige Brown Any painted concrete to match the same light beige brown. Flush Brick Veneer: Alcan Dee Red Colour (Castle Grey Colour) or p Reynolds Reynobond. or equivalent Deck Guardrails: Sandblasted Glazing and Factory White Paint Frames Windows: Green Tint and Silver Anodized Aluminum Frames to match Curtain Wall Ca in and Frames: PP� g White Capping and Paint Curtain Wall: Green Tint with lighter coloured Spandrels and Silver Anodized Aluminum Frames (to match Civic Building) South Elevation (McIntosh Avenue) (Not to Scale) Brick Veneer Deep Red Id g JoO w R - illit 9 a JxiJS7trGG3aq�vo�y��#` ,Q!74'sC�f34ihi�i c,fi�,�� t} l Iti Lane IL s�Ty I 14F fit Ll 4Y tl p �I �P'rDu -M MAPLE RIDGE British Columbia TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Gordon Robson DATE: February 29, 2008 and Members of Council FILE NO: VP/025/07 & DP/004/08 Chief Administrative Officer ATTN: Cow Development Permit and Development Variance Permit Lots: 1-56, Section: 3, Township: 12, New Westminster District, BCP28011 240A Street, 241 Street, Hawkins Avenue, 241A Street EXECUTIVE SUMMARY: This application for an Intensive Residential Development permit and Development Variance Permit has been previously viewed by both Committee of the Whole and Council. After receiving comments at Committee of the Whole and the public, the applicant has reduced the height variance request for two lots closest to the neighbourhood to the south, lots 41 and 42, from the required maximum of 9.75 metres to the newly proposed 10.75 metres. The original variance request for an increase to the maximum building height in the R-3 (Special Amenity Residential District) zone from 9.75 metres to the proposed 11.75 metres for lots 17-20, 36-40 and 56 still stands. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/025/07 respecting Lots: 17-20, 36-42 & 56, Section: 3, Township: 12, New Westminster District BCP28011 and further; That the Corporate Officer be authorized to sign and seal DP/004/08 respecting Lots: 1-56, Section: 3, Township: 12, New Westminster District BCP28011 DISCUSSION: a) Background Context: Applicant: Onni Development (240 Street) Corp Owner: Onni Development (240 Street) Corp Legal Description: Lot: 1-56, Section: 3, Township: 12, Plan: BCP28011 OCP: Existing: Medium Density Residential Zoning: Existing: R-3 (Special Amenity Residential District) Surrounding Uses North: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) RS-3 (One Family Rural Residential) Designation Medium Density Residential, Conservation South: Use: Single Family Residential Zone: R-3 (Special Amenity Residential District) Designation: Medium Density Residential East: Use: Single Family Residential Zone: R-3 (Special Amenity Residential District) Designation: Medium Density Residential West: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) IRS-3 (One Family Rural Residential) Designation: Agricultural Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Previous Applications: b) History: Vacant Single Family Residential 3.519 Hectares (8.7 acres) 240 A Street, 241 Street, and 241 A Street Full Urban RZ/083/03, SD/083/03, DP/083/03, DP/029/06, VP/029/06 The applicant has applied for an Intensive Residential Development Permit for 56 R-3 (Special Amenity Residential District) lots. In support of the Development Permit application, the applicant has also requested a Development Variance for building height for 12 lots. The development permit and corresponding variance permit applications originally came to Committee of the Whole on February 4, 2008 at which time the applications were forwarded to the Council Meeting of February 12, 2008. Council deferred this application back to the February 18, 2008 Committee of the Whole meeting where a representative of the applicant gave a presentation. Committee of the Whole then recommended that the application be forwarded back to Council for the February 26, 2008 meeting. After attending the February 18, 2008 Committee of the Whole meeting, the applicant was able to lower the minimum basement elevations further into the ground for lots 41 and 42, effectively reducing the overall height of the buildings by one metre. As per Section 922 of the Local Government Act this change in the variance application requires the District to re -notify qualifying property owners in the neighbourhood. Because the notifications must be mailed or otherwise delivered at least 10 days before Council consideration, Council was advised that the application would be scheduled for the March 11, 2008 Council meeting. -2- c) Changes to Variance Request: As mentioned earlier, the applicant was able to lower the minimum basement elevations further into the ground for lots 41 and 42, reducing the overall height of the buildings by one metre. As such, the applicant requests to reduce the original variance application for these two lots from 11.75 metres to 10.75 metres, decreasing the variance by 1 metre. The variance proposal for these 2 lots is now to vary the maximum building height in the R-3 (Special Amenity Residential District) zone from 9.75 to 10.75 metres. The applicant still requests the original Development Variance for building height for the 10 lots with building types "C" and "G" (lots 17-20, 36-40 and 56). The variance request is to increase the maximum building height in the R-3 (Special Amenity Residential District) zone from 9.75 m to the proposed 11.75 m. The designs of the proposed houses have not changed, as such, the development proposal still complies with the guidelines and objectives of the Intensive Residential Development Permit Area as outlined in the attached original report dated January 23, 2008. Prepared by,*. Jen Csikos , Planning Technician by: Jane Pickering, MCP, MCIP Director of Planning s Approved by. Frank Quinn, MBA, P.Eng M: Public Works & D pment Services Concurrence: AL.ef (Jim) Rule Administrative Officer The following appendices are attached hereto: The following appendices are attached hereto: Appendix A: Subject Properties Appendix B: Site Plan Appendix C: 241A Streetscape Appendix Q House Elevations Appendix$ Landscape and Retaining Wall Plan -3- 10260 ' P 80 7 1 29 0 31 2 a 10250 3 0 102 A AVE. W273 N I5'Oi4 o a < o 0. 26 5 4 23 2 10222 jh ,"P P51 57 B P 3119 37 0 H9 H8 7 16 6 7 18 9 20 2 t a 22 3 4 5 6 LMP 48057 h N 102AAVE. BCP 930' O O 3 Off6l- 0 NN 11 15 14 � 13 r 2 M 11 vN2 i0 fflM Rem. B h N9+8 P 9249 LMP 48057 2 3 4 5 L P 8 57 g �P 3139 BCP 313 5 6 7 1� 6 7 8 9 10 11 2 3 14 15 16 17 1 4 O O b- M2 3 N ry BCP 1010 102 AV E P 39586 g e o 10213 38 r � PARK 10188 BCP 30529 'PP004 7 Io174 8 A 11 12 13 14 15 B A 21 BCP 3 001 P 19 26 1 2 3 4 5 6 (P 19526) (P 19526) P 19526 (P 19526) P 19526 tons 1016D PARK HC 20970 PARK BCP 20970 29 h a 101 AAVE t 160150 17 22 ` 25 10159 `28 in(0142] 10153 47 35 366 10145 18 21 `� O 10151 a 0l52 u6 15 014z 10143 24 a ¢ 70141 11�0130 7 9 10u0 a2o 34 0u637 2A 23 22 6 14 19 t0136 20 tOt35 0130 23 10737 10131 38 or 0138 21 1014 i0141 0l32 13t33 33 m 10133 0 5 p DI 10127 12 <v HAWKINS AVE. 013p39 U 20 M 10123 1013 012C 4 �' m 5 54 52 a 01224D 1012 3 a 11 U 10115 101}8 10117 0716 = `�_' h 44 701t3 41 19 03 10113 10110 0116 10 U106 53 N 51 50 49 �48 47 46 �45 pt18 18 oloa 2 56 43 42 10103 101 I F v 1 9 57 56 L 53 10093 43 16 10121 ry 10103 7 F 1aos8 51 �50 �,A9 S7 1oo96 t0os6 66 58 55 52 pp66 1 67 t000p 10087 `''' t00B8 42 70064 2 10083 ID074 59 54 N68 65 0010 HILLAVE- t0072 v, 3 [� n ao 10077 10066 � 50077 1 O58 o0e4 4 0 6964 b60 S 53 a h r J 8 41 PA too6s }pp54 eo ' 30 H 31 N 32 : 33 N 34 N 35 d 36 n37 38 39 40 t 0056 63 1 0p51 29 L P 53 84 n 536 4 5 70 71 aas0 61 28 LM 10028 6 — 10059 62 27 26 10031 25 HILLAVE. 24 s 22 23 g0 ta92e 0 PARK 7 0 0 70024 2172 73 o � 19 m v co tooth 8 v74 76 °c°a 10022 31 3 P 38144 .ut 10008 9 N � < � 1$ 1001E Q1 15 10 N 17 p. - IOD17 tD000 J 100AVE. 10006 � 11 is 932 0 9998 r 12 13 A14 N 15 _ LMP 487 5 PARK 14 n 9990 gyyy P 25341 P 25341 A District of PiEt Meadows r-- T 22 P 64270 Em N SCALE 1:2,500 84 44 �,48 N47 e 46 10095 10085 .. 51t� zII4'.11 I LOTS 1 - 56, PLAN BCP28011 i� „... 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QN m Z 0 w z 2 a 0 T C 00 O Cn Z _O w w w w F- z V CL z 0 a m 0 Z �r) LLJ a Cf) 0 0- 0 De CL 6 N 8 uz Zo QLU Wo N r a co CDf f/7 z O PZ Q LU w LL- z w M Q z ce w 7 g u J 0 ❑ V LU Le) Ln n 00 om 0 � z CL z 0 a W U �SC'll- m 3H Wf]WLt`/N w l kHiWMV1tKJ Aonow I I I I I z O 6 J a V a l/3 R. z i) O0 CG LU Z W O UW �z z J Q U W U LU Q LU LU W h-Ln H O d' N Z 0 F- 0 i C!� 0 0 tne FZ X cd Z 0 cn LLJ 0 m ❑ Z LO [I z Z2 Q0 (j)a TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Gordon Robson DATE: February 15, 2008 and Members of Council FILE NO: E02-010-087 Chief Administrative Officer ATTN: C of W 2006 TransLink Bicycle Infrastructure Capital Cost Sharing (BICCS) Program EXECUTIVE SUMMARY: Under the existingTransLink Bicycle Infrastructure Capital Cost Sharing Program (BICCS), the District receives an annual allotment of block funding for the purpose of expanding the District's Bicycle network. In 2006, the District constructed bicycle lanes on 224 Street between Abernethy Way and 132 Avenue. This was done with discussion and agreement with TransLink. The funding agreement to formalize the TransLink contribution was just received on January 25, 2008 and is attached for Council's execution. Execution of the 2006 Bicycle Infrastructure Capital Cost Sharing Program (BICCS) will permit the District to receive the funding for work performed in Maple Ridge. RECOMMENDATIONS: THAT the Mayor and Corporate Officer be authorized to sign and execute the agreement titled "2006 TransLink Bicycle Infrastructure Capital Cost Sharing (BICCS) Program" (Block Allocation) Agreement No. 0629-4630701 as attached to the staff report dated February 15, 2008. DISCUSSION: a) :Background Context. _ The District of Maple Ridge has been a member of TransLink since 1998. As a member, the Engineering Department works cooperatively with TransLink for annual bicycle infrastructure improvements. In 2006, Council approved the Financial Plan to construct work on 224 Street and consequently an application was made to obtain TransLink funds to leverage the District's funds to construct bicycle lanes on 224 Street from Abernethy Way to 132 Avenue. The application was approved by the TransLink Working Group and the TransLink Board in 2006, and consequently the District proceeded with the project with District crews. b) Strategic Alignment: Financial Management Council has directed that the municipality provide high quality municipal services to our citizens and customers in a cost effective and efficient manner and to identify methods to generate non - tax revenue. The use of TransLink funds leverages the general revenue contribution for road infrastructure improvements. c) Intergovernmental Relations/Partnerships: Council has directed that the District develop and maintain strong positive working relationships with TransLink and other governmental agencies. This agreement is consistent with Council's direction and reinforces the relationship with TransLink. d) Citizen/Customer Implications: Maple Ridge residents can expect that the investment in Maple Ridge's road network be expanded to provide safe, reliable and efficient transportation of goods and people using various transportation modes. The agreement provides for TransLink funding and support. e) Interdepartmental Implications: The Operations, Engineering and Finance Departments collaborate in the administration of the TransLink agreement. f) Business Plan/Financial Implications: The contribution was budgeted in the Financial Plan and project. g) Policy Implications: The recommendation is in accordance with the approved Council budget and the District's membership in TransLink. CONCLUSION: The District now receives approximately $55,000 annually for cost sharing Bicycle Infrastructure improvements in 'Maple Ridge and agreements formalize the specificity of the funded projects. Execution of the 200 funding agreement is required to finalize the transfer of funds: Prepared by: An rew Wood, PhD., DEng. Financial Dennis Sartorius un' 1pa . nginJi2�1-�'' r Concurrence: Municipal Accountant " Approved by: rank Quinn, MB , ng. ..General -Man er: lic Works &Development Services Concurrence: J L. (Jim) Oule ,'Chief Administrative Officer T S K GiCatVVanro�sver ifenspollalion Authority 2005 Bicycle Infrastructure Capital Cost Sharing (B CCS) Program 2006 Bicycle Infrastructure Capital Cost Sharing (B1CCS) Program (Block Allocation) Agreement No. 0629-4630701 THIS AGREEMENT made the 15th day of March, 2007. BETWEEN: . "I Greater Vancouver Transportation Authority, having an office at 1600 - 4720 Kingsway, Burnaby, BC, V5H 4N2 ("TransLink") District of Maple Ridge 11995 Haney Place Maple Ridge, BC, V2X 6Z9 (the "Municipality") The parties hereby agree as follows: OF THE FIRST PART OF THE SECOND PART 1.0 Definitions 1.1 In this Agreement, the following terms will have the following meanings: "Eligible Costs" will mean direct capital costs, properly and reasonably incurred. and paid solely and specifically in relation to the Project, as described in the Bicycle Infrastructure Capital Cost -Sharing Program, Funding Guidelines & Project Evaluation Criteria issued by TransLink, as amended from time to time. Such costs would usually be capitalised in the financial records of the Municipality; "Project" will mean 224 Street Bike Lane Abernethy Way to 132 Avenue as described in Schedule "A"; "Work" will mean everything to be provided and performed by the Municipality in relation to the Project. Greater Vancouver Transportation Authority Page 1 of 9 TRANS INK Greater Vancouver lranspotlaliml Authority 2006 Bicycle Infrastructure Capital CostSharing(B[CCS) Program 2.0 GVTA Act 2.1 The Municipality acknowledges that TransLink may, by bylaw, establish standards for all or any part of the major road network, including the Project (once added to the MRN, if not currently part of the network), in accordance with the Greater Vancouver Transportation Authority Act (the "Act"). 3.0 Project 3.1 The Municipality. represents and warrants that: 3.1.1 it has the capacity and authority to enter into this Agreement; 3.1.2 this Agreement is valid and binding on the Municipality; 3.1.3 it has the skills and experience necessary to carry out the Project; and 3.1.4 it has developed and approved the Project requirements and budget set out in Schedule "A" in a professional, competent and diligent manner. 3.2 The Municipality will undertake and complete the Project, at its expense: 3,2.1 in accordance with the requirements set out in Schedule "A" for the Project; 3.2.2 by December 31, 2007 or such later date as requested by the Municipality and agreed to in writing by TransLink; 3.2.3 in a professional, competent, timely and diligent manner, in accordance with acceptable industry standards; and 3.2.4 in compliance with all applicable laws, statutes, regulations, by-laws, and directions of all governmental and statutory authorities issued under lawful authority. 3.3 The Project will be considered complete when:. 3.3.1 the Work is ready for use, or is being used, for its intended purpose; and 3.3.2 the total value of all incomplete, defective and deficient Work does not exceed 3% of the maximum Project budget set out in Schedule "A". 3.4 Any requests from the Municipality for a material change in the Project scope of work, or an increase in the maximum Project budget, or an extension to the deadline for completion stipulated in s. 3.2.2, must be submitted in writing to TransLink's BICCS Program Manager. No changes in the scope of work, maximum Project budget, or deadline for completion will be effective unless and until approved in writing by TransLink, in its sole and absolute discretion. Greater Vancouver Transportation Authority Page 2 of 9 AS INK Greater Vancouver ,raniponation Authority 2006 BicycleInfrastructure Capital Cost Sharing (SICCS) Program 3.5 The Municipality confirms that: 3.5.1 the Municipality has developed and approved the Project requirements and budget set out in Schedule "A"; 3.5.2 the Municipality will be responsible for completing the Project in accordance with this Agreement; 3.5.3 notwithstanding anything contained in this Agreement, TransLink will not be responsible in any way for: 3.5.3.1 any deficiency or defect in the Project design, specifications, requirements or budget; 3.5.3.2 any deficiency or defect in the Work or completion of the Project; or 3.5.3.3 any costs of completing the Project in excess of the Project budget set out in Schedule "A" 3.5.4 TransLink will have the right to advertise or promote its participation in the Project. TransLink's participation in the Project may be advertised or promoted in any media format including, and without limiting the generality of the foregoing: signs at the Project; print, radio and television advertisements; and, electronic advertising on the World Wide Web. The Municipality retains the right to approve of the location of signs at the Project and the content of advertisements or promotions, such approval not to be unreasonably withheld. 4.0 TransLink Contribution 4.1 For the Project, TransLink will reimburse the Municipality, for actual Eligible Costs incurred in connection with the Project, up to the lesser of (a) $55,215.00 and (b) 50% of [actual Eligible Costs less contributions from provincial and federal governments or agencies], within 30 days after completion of the Project (as defined in s. 3.3) and receipt of the following: 4.1.1 a written certificate, executed by the Municipality's City Engineer (or equivalent) that the Project has been.completed in accordance with s. 3, and meets or exceeds engineering specifications and standards set out in Schedule "A", if any, and those engineering specifications and standards "established by the Municipality for the Project or for similar projects; and 4.1.2 a Project cost statement, certified by the Municipality's Chief Financial Officer (or equivalent), which must include the total amount of Eligible Costs, the total amount of provincial and federal contributions to the Project (if any), and the following statement: Greater Vancouver Transportation Authority Page 3 of 9 �a T ANSI LINK Greater Vancouver 7ranspomlim AuFhoriry 2006Bicycle Infrastructure Capital Cost Sharing (BICCS) Program "I certify that the Eligible Costs as stated have been incurred by the Municipality, are attributable to this Project, are correct, and are net of the Municipal GST rebate. " 4.2 The Project budget specified in Schedule "A" will be inclusive of all applicable taxes. 4.3 All Eligible Costs submitted to TransLink for reimbursement under s. 4.1 must be substantiated by supporting documentation. Any undocumented costs will not be reimbursed by TransLink. 5.0 Records and Audit 5.1 The Municipality will maintain accurate and complete records in relation to all Project costs, including, without limitation, supporting documentation of all Eligible Costs and other expenditures related to the Project, from the date of this Agreement until two years after the Municipality receives payment of TransLink's contribution to the Project. 5.2 TransLink will have the right to enter upon the Municipality's premises for the purpose of auditing Project costs at any time during normal business hours. Without limiting the generality of the foregoing, TransLink will have the right to inspect and copy any records relating to Project costs, including any supporting documentation. 6.0 Indemnity and Release 6.1 The Municipality will indemnify and save harmless TransLink, its subsidiaries, and their directors, officers, employees and agents, (collectively the "Indemnified Parties") from and against any and all losses, claims, complaints (including, without limitation, complaints pursuant to human rights legislation), damages, actions, causes of action, fines, penalties, costs and expenses (including, without limitation, actual legal fees and disbursements) the Indemnified Parties may sustain, incur, suffer or be put to any time, either before or after the expiration or termination of this Agreement, arising out of, or in connection with the Project or the Work, including, without limitation. 6.1.1 any breach of this Agreement or anything done or omitted to be done, whether negligently or otherwise, by the unicipa rty or any councillor, officer, employee, agent, contractor or subcontractor of the Municipality pursuant to this Agreement; 6.1.2 the design, engineering, construction, operation, maintenance or rehabilitation of the Project or the Work, whether negligent or otherwise; or 6.1.3 any contravention or alleged contravention of applicable laws, statutes, regulations, by-laws, or directions of governmental or statutory authorities issued under lawful authority, including, without limitation, those related to the environment, environmental protection and contaminated sites; 6.1.4 the use and occupation of the Project lands, whether negligent or otherwise; or Greater Vancouver Transportation Authority Page 4 of 9 r TRANSr K Gicater Vancouvern Authonty 2006 Bicycle Infrastructure Capital Cost Sharing (BICCS) Program 6.1.5 any review, inspection, audit, approval, acceptance or payment by TransLink in relation to the design, engineering, construction, operation, maintenance or rehabilitation of the Project or the Work; whether or not such losses, claims complaints, damages, actions, causes of action, fines, penalties, costs or expenses relate to the acts or omissions, whether negligent or otherwise, of the Indemnified Parties. 6.2 In addition to the foregoing, and notwithstanding any other term or provision herein contained, the Municipality, for and on behalf of itself, its councillors, officers, employees, agents, contractors and subcontractors, hereby unconditionally, absolutely and irrevocably releases and forever discharges the Indemnified Parties from any and all losses, liabilities or damages, at law or in equity and whether direct, indirect or consequential, which relate to, arise our of, or are in any way connected with the design, engineering, construction, operation, maintenance or rehabilitation of the Project or the Work, whether caused by, or arising through the negligence of the Indemnified Parties. 6.3 The Municipality acknowledges that the indemnity under s. 6.1 and the release under s. 6.2 will not be affected in any way by the provisions of s. 2. 7.0 Insurance 7.1 The Municipality will, at its own expense, provide and maintain insurance with insurers licensed in British Columbia with coverage of a type, and in amounts, that any similar business, acting reasonably, would procure for a project of the scope, size and exposure of this Project, during the term of this Agreement and for any subsequent ongoing operation, maintenance and rehabilitation of the resulting infrastructure. 7.2 The Municipality shall require and ensure that each contractor and sub -contractor involved in the Project maintains insurance comparable to those required in S. 7.1. 8.0 Operation, Maintenance and Rehabilitation 8.1 The parties confirm that, once the Project is completed, the Municipality will, at its cost, operate, maintain and rehabilitate the Work for the duration of its design life; in good condition and in good working order as part of its public works maintenance program. 8.2 The Municipality will ensure that the Work is operated, maintained, and rehabilitated in compliance with all applicable laws, statutes, regulations, by-laws, and directions of all governmental and statutory authorities issues under lawful authority, including, without limitation, any standards established by TransLink for the Work under the Act. Greater Vancouver Transportation Authority Page 5 of 9 • T RA S L NBC Cimatei Vaacimei iran5portationAuthority 2006 Bicycle Infrastructure Capital Cost Sharing {BICCS) Program 9.0 Default and Termination 9.1 If TransLink alleges the Municipality to be in default hereunder and gives written notice thereof stipulating the default; and if such default continues for more than 30 days after the delivery of such written notice, and the Municipality has not cured the default or resolved the allegation, TransLink may elect to terminate this Agreement effective forthwith on the giving of further notice. 10.0 Dispute Resolution 10.1 Any dispute or controversy occurring between the parties hereto relating to the interpretation or implementation of any of the provisions of this Agreement will be resolved by arbitration, conducted by one arbitrator. The parties will agree on the arbitrator or, failing agreement, the arbitrator will be appointed in accordance with the rules of the British Columbia International Commercial Arbitration Centre. Any arbitration will be held in the City of Vancouver and conducted pursuant to the rules of .procedure of the British Columbia International Commercial Arbitration Centre and the British Columbia Commercial Arbitration Act. 11.0 General 11.1 All notices, demands, claims or other communications required or permitted hereunder will be in writing and may be delivered prepaid, sent by facsimile or sent by prepaid first class mail. Any notice delivered will be deemed to have been given or received at the time of delivery to the address of the recipient as set out below. Any notice delivered by facsimile will be deemed to,be delivered on the next day following the date of transmission thereof. Any notice mailed as aforesaid will be deemed to have been given and received on the fourth day following the date of its mailing. Any notice will be addressed as follows: To: TransLink 1600 — 4720 Kingsway Burnaby, BC, V511 4N2 Attention: Rachel Jamieson, Transportation Engineer TransLink Road & Infrastructure Planning Facsimile No.: (604) 453-4697 To: District of Maple Ridge 11995 Haney Place Maple Ridge, BC, V2X 6Z9 Attention: Treasurer or other authorized Financial signatory Greater Vancouver Transportation Authority Page 6 of 9 • TRANS L HK Grearer Vancouver Transporta6on Authority 2006 Bicycle infrastructure Capital Cost Sharin9(BiCCS) Program 11.2 This Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada. The parties consent to the exclusive jurisdiction of the courts of the Province of British Columbia. 11.3 If any terms, covenant, or condition contained in this Agreement or the application thereof to any person or circumstance will to any extent be invalid or unenforceable, the remainder of this Agreement or the application of that term, covenant, or condition to persons or circumstances, other than those concerning which it is held invalid or unenforceable, will not be affected thereby and each term, covenant, and condition of this Agreement will be separately valid and enforceable to the fullest extent permitted by law. 11.4 Time will be of the essence under this Agreement. 11.5 The provisions contained in this Agreement constitute the entire agreement between the parties and supersede all previous communications, representations, expectations, understandings and agreements, whether written or unwritten, between the parties with respect to the subject matter of this Agreement. 11.6 The Municipality may not assign this Agreement without the prior written consent of TransLink, such consent not to be unreasonably withheld. Greater Vancouver Transportation Authority Page 7 of 9 TRANS L K Greater Vancouver Transportation A�thorny Bicycle Infrastructure Capital Cost Sharing BICCS) Program 2006 y p g � IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. GREATER V ANCOUVER TRANSPORTATION AUTHORITY (Authorized Signatory) Name, Title (Please print) DISTRICT OF MAPLE RIDGE (Authorized Signatory) Name, Title (Please print) (Authorized Signatory) Name, Title (Please print) Greater Vancouver Transportation Authority Page 8 of 9 TRH ;fi�L NK Greater Vancouver Uanspor,aGon Autl,or4 2006 Bicycle Infrastructure Capital Cast Sharing (BICCS) Program Schedule "A" Eligible Projects 1n accordance with application dated October 11tb, 2005, the District of Maple Ridge will construct the 224 Street Bike Lane Abernethy Way to 132 Avenue: Eligible Projects Project listed below is ell leforfunding. See Project Application for project component costs. PROJECT TOTAL COST 224 Street Bike Lane Abernethy Way to 132 Avenue $110,430 Total Contribution from TransLink (max 50% of $ 55,215 total or as per Funding Contribution Agreement) N:\bikes12006 operating and Capital12006 CapitallBICMContribution Agreements\Aliocated 2006kMaple Ridge Allocated 2006 224 Street Bike Lane 0629 4630701.doc Greater Vancouver Transportation Authority Page 9 of 9 MAPLE RIDGE British Coturnbia Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Gordon Robson and Members of Council Chief Administrative Officer DATE: February 13, 2008 FILE NO: OPS0801 ATTN: C of W Municipal Equipment Purchase, Two Tandem Axle Dump Trucks with accessories EXECUTIVE SUMMARY: The 2008 approved annual budget includes funding for the planned replacement of two Tandem Axle Dump Trucks. The new trucks are an upgrade and will come complete with one stainless steel sander, underbody plows and controls. The larger trucks provide additional snow removal and salt/sand distribution capacity during winter weather. RECOMMENDATION: the puchase That Council award the contract for therMayoroand Corpo f two tandem rateaxle beTauthorized to sirucks and gn the to Freightliner of Vancouver contract DISCUSSION: Background Context Public Tenders closed on February 05, 2008 for the supply of two Tandem Axle Dump Trucks and accessories. Five (5) companies b olfted Vancoudver Ltd Following the aowdetailed thessesected ment and analysis of the tendersFreightliner tendered. Financial implications: roved capital and The funding of $351,137 for the truck replacements is within the approved p equipment replacement reserve budgets. Policy Implications: The increased hauling capacity of Tandem Axle Dumps aid Operations with the increasing haul distances for material supply and soil disposal. The larger trucks provide additional snow removal and salt/sand distribution capacity during winter weather. The automatic transmissions broaden the scope of drivers who can perform winter snow removal activities. The retired Single Axle Dump Trucks will be purchased by the Operations section and will remain licensed and available for snow service in extreme conditions. The net result will be an increase in snow fighting capability of two Tandem Axle Dump Trucks. 1106 CONCLUSION Should Council award the contract the trucks will be ordered immediately and delivered by the fall of 2008. The planned replacement for two tandem dump trucks is recommended for contract award. Prepared by: Russ Carmichael AScT, Eng.L Directo , f E . eering Operations �� y Approved by: rank Quinn General Manager Public Works and Development Services /hief Administrative Officer co, currence: J.L (Jim) Rule Chief Administrative Officer AW:mi District of Maple Ridge GFeater Aeig6ts TO: His Worship Mayor Gordon Robson DATE: February 20, 2008 and Members of Council . FILE NO: 0530-01 FROM: Chief Administrative Officer ATTN: COW SUBJECT: October 2008 Council and Public Hearing Meeting Schedule EXECUTIVE SUMMARY: Meetings of Council have been scheduled for October 7 and 21, 2008 and a Public Hearing for October. 14, 2008. Shaw Cable has advised that they will be unable to cover the Council meetings as they conflict with the schedule for the City of Pitt Meadows. It is recommended that the schedule be amended to enable the public an opportunity to view televised coverage of the meetings. Attached is a revised scheduled for the month of October. RECOMMENDATION: That the Council meetings scheduled for October 7 and 21, 2008 be rescheduled to October 14 and 28, 2008 and that the Public Hearing of October 14, 2008 be rescheduled to October 21, 2008. Prepared by: Ceri Mario Manager of Legislative Services Approved by. Paul Gill, B.B.A.; .C.G.A., F.R.M. General Managerporate & Financial Services Concurrence J.L. (Jim) u e Chief Administrative Officer /cm c� 00 LO V� N c� LL N c� O C7 c4 .a ~ N C5) 7-1 CN � fi7 c (a L V W � a ® rl co LO c-I CV CN N 0 b0 (B W U) 2 ONO U r �VT-I U N Li mai �y� co /� F lr a%�OL Zi _ _ ..... O { f N D 0 } O CD . O CS) �UOU . O CA �UUU O N �U sd F CCS 'CJ C 3 Un CN fA U9 LO rl c i N TO: Fift Us 171B SUBJECT District of Maple Ridge His Worship Mayor Gordon Robson DATE: February 15, 2008 and Members of Council FILE NO: 0570-04 Chief Administrative Officer indemnification of Municipal Officials ATTN: Committee of the Whole EXECUTIVE SUMMARY: The Community Charter provides for Council to indemnify its municipal officials, current and former, against legal proceedings in accordance with the provisions set out in the Locai Government Act. The current bylaw, Maple Ridge Indemnification Bylaw No. 5886-2000, has been reviewed and re- written to update the references to legislation, to identify the responsibility of a municipal official during a court proceeding, to provide for reimbursement of costs under specified conditions and to remove the section establishing officer positions, as this is covered in a separate bylaw. RECOMMENDATION: That Maple Ridge Municipal Officials Indemnification Bylaw No. 6548-2008 be given first, second and third readings. DISCUSSION: The Community Charter, Section 187, provides the opportunity for municipal officials to be indemnified against any claim for damages against them arising out of the performance of their duties and to pay legal costs incurred in a court proceeding arising out of such claims. The Local Government Act, Section 287, defines municipal officials and sets out the rights, exceptions, limitations, terms and conditions of indemnification. Municipal officials include, amongst others: current or former council members; current or former municipal officers or employees; members of municipal committees and commissions;' election officials; volunteer firefighters or special constables; and volunteers who participate in the delivery of services under the supervision of an officer or employee. The applicable sections of legislation are attached to this report. Bylaw No. 5886-2000 will be repealed upon adoption of Bylaw 6548-2008. CONCLUSIONS: The District has long recognized the need to indemnify its officials in the exercise of their duties. Adoption of this bylaw will ensure.that all eligible officials are. appropriately covered. Prepared by: C. Mario Manager of Legislative Services Approved by: Paul Gill, B.B.A., C.G.A., F.R.M. /1) eral Manager: Corporate & Financial Services Concur e'nce: J1. (Jim) Rule Chief Administrative Officer :cm , 1 2 Corporation of the District of Maple Ridge Bylaw No. 6548-2008 A Bylaw to provide for the indemnification of municipal officials WHEREAS Council may, by bylaw, provide for the indemnification of municipal officials; AND WHEREAS it is deemed expedient that all municipal officials be afforded protection in the exercise of their respective powers and the performance of their respective duties on behalf of the Corporation of the District of Maple Ridge; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as follows: Citation 1. This Bylaw shall be cited for all purposes as "Maple Ridge Municipal Officials Indemnification Bylaw No. 6548-2007". Definitions 2. In this bylaw: "District" means the District of Maple Ridge "Council" means the Council of the District of Maple Ridge "indemnify" means the payments of amounts required or incurred a) to defend an action or prosecution brought against a person in connection with the exercise or intended exercise of the person's powers or the performance or intended performance of the person's duties or functions, b) to satisfy a judgment, award or penalty imposed in an action or prosecution referred to in paragraph (a) or c) in relation to an inquiry under the Public Inquiry Act, or to another proceeding, that involves the administration of the District or the conduct of District business but does not extend to a fine that is imposed as a result of a municipal official's conviction that is not a strict or absolute liability offence. ,'municipal official" means a person defined as such in Section 287.2 of the Local Government Act. Indemnification 3. The District shall indemnify and continue to indemnify its municipal officials and pay legal costs incurred in a court proceeding arising out of any such claim provided that and so long as the municipal official to be indemnified: a) does not admit or assume liability, enter into a settlement, or enter any plea of guilt, except with the approval of Council given by resolution; b) has within forty-eight hours of being served with any process initiating or advancing a step in an action, application, prosecution, or other judicial proceeding, delivered the same to the District's Corporate Officer; -1- c) consents in writing to the District having the sole discretion to appoint and instruct counsel, conduct all necessary investigations, to have full conduct of the defence of the claim, to enter into settlement negotiations and, where appropriate, settle the claim, action or prosecution; d) assists the defence, the District and the defence counsel, including by giving truthful evidence, securing information, evidence and witnesses and by cooperating with the City and defence counsel in the defence of the action or prosecution. 4. Where a Court makes a finding in an action or prosecution, that the municipal official being indemnified under this Bylaw: (a) exercised powers or acted in the performance of functions or matters not within the municipal official's powers, duties or functions; (b) was dishonest or grossly negligent, or engaged in malicious or willful misconduct; or (c) acted contrary to the terms and conditions of employment or contrary to an order given by a person in authority over that municipal official; or (d) has libeled or slandered a person or person; the duty to indemnify shall cease and the municipal official must reimburse the District for all amounts expended by the District in the conduct of the defence, and the District shall not be obligated to pay any judgment, award made in respect of, or penalty imposed on the municipal official. Severability 5. If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the bylaw is deemed valid. Repeal 6. Maple Ridge Indemnification By-law No. 5886-2000 is repealed. READ a first time on the day of , 2008 READ a second on time the day of , 2008 READ a third time on the day of 2008 RECONSIDERED and ADOPTED this day of , 2008 MAYOR CORPORATE OFFICER -2- VIEWS: Print Selections Page'. Community Charter - Part 6, Division 3, Section 187 187. Indemnification against proceedings Community Charter - Part 6, Division 3, Section 187 (1) 187. A council may only provide for the indemnification of municipal officials referred to in section 287.2[indemnification against proceedings] of the Local Government Act in accordance with that section. http://views. icompasstech.com/Print.aspx?Action=6&chkDEEF,E916FDO74AFOB60AOB64... 07-12-20 Local Government Act - Part 7 287. (1) In this section, "municipal public officer" means any of the following: (a) a member of a council; (b) a director of a regional board; (c) a trustee of an improvement district; (d) a member of a commission established under section 176 (1) (g)[corporate powers] of this Act or section 143[municipal commissions] of the Community Charter; (d.1) a member of a library board under the Library Act; (e) a commissioner for a local community commission under section 838; (f) a member of any greater boardor of any boardthat provides similar services and is incorporated by letters patent; (g) a member of an advisory planning commission under section 898; (h) a member of a boardof variance under section 899; (i) a member of the Okanagan -Kootenay Sterile Insect Release Board or an officer or employee of that board; �) a member of the Okanagan Basin Water Board; (k) a trustee of a body of the Islands Trust under the Islands Trust Act; (1) an officer or employee of a municipality, regional district, improvement district, library boardunder the Library Act, a greater boardreferred to in paragraph (f), the trust councilunder the Islands Trust Act or the Okanagan Basin Water Board; (m) an election official within the meaning of Part 3 and a regional voting officer under section 167; (n) a volunteer firefighter or a special constable; (o) a volunteer who participates in the delivery of services by a municipality, regional districtor a body referred to in paragraphs (c) to (k) under the supervision of an officer or employee of the municipality, regional district or any of those bodies; (p) a member of a board of trustees established or appointed by a municipality under section 37 of the Cremation, Interment and Funeral Services Act; (q) a member of a municipal committee, of a board committee, or of a.committee under.. . section 740.1 [appointment of select and standing committees] who is not also a member of the council, board or board of trustees, as applicable. (2) No action for damages lies or may be instituted against a municipal public officer or former municipal public officer (a) for anything said or done or omitted to be said or done by that person in the performance or intended performance of the person's duty or the exercise of the person's power, or (b) for any alleged neglect or default in the performance or intended performance of that person's duty or exercise of that person's power. (3) Subsection (2) does not provide a defence if http://views.icompasstech.comIPrint.aspx?ID=ED9F66A5027148AD9DDC5321762BD788 07-12-20 Local Government Act - fart 7 (a) the municipal public officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or (b) the cause of action is libel or slander. (4) Subsection (2) does not absolve any of the corporations or bodies referred to in subsection (1) (a) to (k) from vicarious liability arising out of a tort committed by any of the individuals referred to in subsection (1) for which the corporation or body would have been liable had this section not been in force. 1997-25-70, effective July 28, 1997; 1998-34-45, effective September 23, 1998 (B.C. Reg. 311/98); 2000- 7-35; 2003-52-235, effective January 1, 2004 [B.C. Reg. 465/2003]; 2004-35-87, effective July 4, 2004 [B.C. Reg. 274/2004]; 287.1. Defence for financial officer 287.1 It is a good defence to any action brought against the local governmentfinancial officer for unlawful expenditure of local government funds if it is proved that the individual gave a written and signed warning to the council or board that, in his or her opinion, the expenditure would be unlawful 1998-34-46, effective September 23, 1998 (B.C. Reg. 311/98); 2003-52-236, effective January 1, 2004 [B.C. Reg. 465/20031; 287.2. Indemnification against proceedings 287.2. (1) In this section: "indemnification" means the payment of amounts required or incurred (a) to defend an action or prosecution brought against a person in connection with the exercise or intended exercise of the person's powers or the performance or intended performance of the person's duties or functions, (b) to satisfy a judgment, award or penalty imposed in an action or prosecution referred to 'in paragraph (a), or (c) in relation to an inquiry under the Public Inquiry Act, or to another proceeding, that involves the administration of the municipality or the conduct of municipal business; ......................... .............. „municipal official" means (a) a current or former council member, (b) a current or former municipal officer or employee, or (c) a person who is or was a person referred to in section 287 (1)[immunity for individual municipal public officers], but only in relation to the exercise of powers or the performance of duties or functions for or on behalf of a municipality. (2) A council may, do the following: (a) by bylaw, provide for the indemnification of municipal officials in accordance with the bylaw; http://views.icompasstech.com/Print.aspx?ID=ED9F66A5027148AD9DDC5321762BD788 07-12-20 Local Government Act - Part 7 (b) by resolution in a specific case, indemnify a municipal official. (3) As a limit on indemnification under subsection (2), a council must not pay a fine that is imposed as a result of a municipal official's conviction for an offence that is not a strict or absolute liability offence. (4) Sections 100[disclosure of conflict] and I01[restrictions on participation if in conflict] of the Community Charter do not apply to a council member who could be, or would be, indemnified under a bylaw or resolution under subsection (2). (5) Subject to subsection (6), a council may not seek indemnity against a municipal official in respect of any conduct of the person that results in a claim for damages against the municipality. (6) The restriction under subsection (5) does not apply if the court makes a finding in the action that the person has been guilty of dishonesty, gross negligence or malicious or willful misconduct. (7) This section applies to a greater board, the trust council under the .Islands Trust Act, the Okanagan -Kootenay Sterile Insect Release Board or a library board under the Library Act in relation to any person referred to in section 287 (1)[immunity for individual municipal public officers], but only in relation to the exercise of powers or the performance of duties or functions for or on behalf of that corporation. 1999-37-72 [BC Reg 301/99]; 2000-7-36; 2002-48-45, effective May 30, 2002; 2003-52-237, effective January 1, 2004 [&C. Reg. 465/2003]; 2007-9-37, effective 21 June 2007 [B.C. Reg. 226/2007]; 288. Immunity against certain nuisance actions 288. A municipality, council, regional district, boardor improvement district, or a greater board, is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if the damages arise, directly or indirectly, out of the breakdown or malfunction of (a) a sewer system, (b) a water or drainage facility or system, or (c) a dike or a road. 1998-34-47, effective September 23, 1998 (B.C. Reg. 311/98) ...:... . 289. Immunity in relation to failure to enforce building. bylaws.. 289. A municipality or a member of its council, a regional district or a member of its board, or an officer or employee of a municipality or regional district, is not liable for any damages or other loss, including economic loss, sustained by any person, or to the property of any person, as a result of neglect or failure, for any reason, to enforce, by the institution of a civil proceeding or a prosecution, (a) a regulation under section 692 (1), (b) a bylaw under Part 21, (c) a bylaw under section 8 (3) (1)[fundamental powers -- buildings and other structures] of the Community Charter, or (d) a bylaw under Division 8[Building Regulation] of Part 3 of the Community Charter. http://views.icompasstech.com/Print.aspx?ID=ED9F66A5027148AD9DDC5321762BD788 07-12-20 y4 . CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO.5886 — 2000 A By-law to provide for the indemnification of officers, employees, members of Council and other officials of the District of Maple Ridge. WHEREAS the Municipal Council of the Corporation of the District of Maple Ridge, pursuant to the Municipal Act, R.S.B.C., 1996, c.323 as amended, may, by by-law, provide that the District will indemnify its officers, employees, members of Council and other specified representatives of the District against any claim for damages against them arising out of the performance of their duties and, in addition, pay legal costs incurred in a court proceeding arising out of such claims; AND WHEREAS Section 196 to the Municipal Act empowers Council to, by by-law, establish officer positions for the District of Maple Ridge with titles it considers appropriate; NOW THEREFORE the Municipal Council in open meeting assembled HEREBY ENACTS AS FOLLOWS: TITLE This By-law may be cited for all purposes as "Maple Ridge Indemnification By-law No. 5886 — 2000". DEFINITION 2. In this by-law, "municipal public officer" means: (a) a member of Council; (b) a member of (i) any civic commission under Division (2) of Part 18 of the Municipal Act (the "Act"); (ii) a library board under the Library Act, or (iii) a community heritage commission under Section 953 of the Act; (c) a member of an advisory planning commission under Section 898 of the Act; (d) a member of a board of variance under Section 899 of the Act; (e) an officer or employee of the District; _(f) ..a volunteer fire-fighter or a special constable; . (g) any volunteer who participates in the delivery of services by the District under the supervision of an officer or employee of the District; and (h) a member of a board of cemetery trustees established or appointed by the District under the Cemetery and Funeral Services Act. INDEMNIFICATION The District shall indemnify its municipal public officers and former municipal public officers against any claim for damages, against such municipal public officers or former municipal public officers arising out of the performance of their duties and, in addition, pay legal costs incurred in a court proceeding arising out of any such claim. By-law No. 5886 — 2000 Page (2) OFFICER POSITIONS 4. The following positions are hereby established as officer positions of the District of Maple Ridge: ® Chief Administrative Officer • Director of Finance • Municipal Clerk POWERS DUTIES AND RESPONSIBILITIES OF OFFICERS 5.1 The powers, duties and responsibilities of the Chief Administrative Officer are as follows: a) overall management of the administrative operations of the municipality; b) ensuring that the policies and directions of the local government are implemented; c) advising and informing the local government on the operation and affairs of the municipality. 5.2 The powers, duties and responsibilities of the Director of Finance are as follows: a) receiving all money paid to the municipality; b) ensuring the keeping of all funds and securities of the municipality; c) expending and disbursing money in the manner authorized by the local government; d) investing funds, until required, in investments referred to in section 336 (investment of municipal funds); e) ensuring that accurate records and full accounts of the financial affairs of the municipality are prepared, maintained and kept safe; 5.3 The powers, duties and responsibilities of the Municipal Clerk are as follows: a) ensuring that accurate minutes of the meetings of the local government and its committees are prepared and that the minutes, bylaws and other records of the business of the local government and its committees are maintained and kept safe; b) ensuring that access is provided to records of the local government and its committees, as required by law or authorized y the local government; c) certifying copies of by-laws and other documents, as required or requested; d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act in relation to local government matters; e) accepting, on behalf of the municipality, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the municipality; fj keeping the corporate seal, and having it affixed to documents as required. By-law No. 5886 -- 2000 Page (3) 5.4 The powers, duties and responsibilities of all officer positions will be as determined at any time and from time to time by resolution of Council. REPEAL 6. Maple Ridge Officers and Employees Indemnification Authorization By-law No. 3663 — 1985 is hereby repealed. READ a first time this 14th day of March, 2000. READ a second time this 14th day of March, 2000. READ a third time this 14th day of March; 2000. RECONSIDERED, FINALLY PASSED AND ADOPTED this 28th day of March, 2000. MAYOR CLERK