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HomeMy WebLinkAbout2015-01-19 Committee of the Whole Agenda and Reports.pdf City of Maple Ridge Note: If required, there will be a 15-minute break at 3:00 p.m. Chair: Acting Mayor 1. DELEGATIONS/STAFF PRESENTATIONS – (10 minutes each) 1:00 p.m. 1.1 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: 1101 2014-106-RZ, 23882 Dewdney Trunk Road, RS-1b to R-2 Staff report dated January 19, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7125-2014 to rezone from RS-1b (One Family Urban [Medium Density] Residential) to R-2 (Urban Residential District) to allow subdivision in eleven single family residential lots be given first reading and that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. COMMITTEE OF THE WHOLE AGENDA January 19, 2015 1:00 p.m. Council Chamber Committee of the Whole is the initial venue for review of issues. No voting takes place on bylaws or resolutions. A decision is made to send an item to Council for debate and vote or to send an item back to staff for more information or clarification before proceeding to Council. The meeting is recorded by the City of Maple Ridge. Note: Owners and/or Agents of Development Applications may be permitted to speak to their applications with a time limit of 10 minutes. Committee of the Whole Agenda January 19, 2015 Page 2 of 4 1102 2012-065-RZ, 10501 and 10601 Jackson Road; 10578 245B Street and PID-010-396-977, RS-3 and RS-2 to RS-1b Staff report dated January 19, 2015 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7126-2015 to increase designated Conservation around the watercourse be given first and second reading and forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7059-2014 to rezone from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban [Medium Density] Residential) to permit a subdivision of approximately 60 lots be given second reading as amended and be forwarded to Public Hearing. 1103 2013-041-RZ, 20738 123 Avenue, Addendum to Second Reading Report Staff report dated January 19, 2015 recommending that the “Addendum to Second Reading Report” be received as information and that a second Public Hearing in regards Maple Ridge Official Community Plan Amending Bylaw No. 7087-2014 to adjust an area designated Conservation around two watercourses located on the subject property and Maple Ridge Zone Amending Bylaw No. 7007-2013 to rezone from RS-3 (One Family Rural Residential) to R-1 (Residential District) to permit 21 single family lots not less than 371 m2 (3993 ft2) in area be held prior to consideration of third reading. 1104 2014-087-DVP, 22710 Dewdney Trunk Road Staff report dated January 19, 2015 recommending that the Corporate Officer be authorized to sign and seal 2014-087-DVP to vary building height and front and external yard setbacks. 1105 2014-087-DP, 22710 Dewdney Trunk Road Staff report dated January 19, 2015 recommending that the Corporate Officer be authorized to sign and seal 2014-087-DP to permit construction of a two- storey commercial building containing a butcher/grocery store on the main level and offices on the second level in the CS-1 (Service Commercial) zone. 1106 Request to include 20208 McIvor Avenue and 20178 Chatwin Avenue in Fraser Sewer Area Staff report dated January 19, 2015 recommending that letters be sent to the Greater Vancouver Sewerage and Drainage District requesting approval for the expansion of the Fraser Sewer boundary in Maple Ridge to include properties at 20208 McIvor Avenue and 20178 Chatwin Avenue. Committee of the Whole Agenda January 19, 2015 Page 3 of 4 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Council Advisory Committee Bylaws Staff report dated January 19, 2015 recommending that various Council Advisory Committee Bylaws be given first, second and third readings. 1132 2014 Council Expenses Staff report dated January 19, 2015 providing preliminary Council expenses for 2014. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Ridge Meadows Seniors Society Lease Agreement Staff report dated January 19, 2015 recommending that the Corporate Officer be authorized to execute the Maple Ridge Senior Activity Centre Facility Lease Agreement between the City of Maple Ridge and the Ridge Meadows Seniors Society. 1152 Maple Ridge-Pitt Meadows Arts Council Lease Agreement Staff report dated January 19, 2015 recommending that the Corporate Officer be authorized to execute the Maple Ridge-Pitt Meadows Arts Council Lease Agreement 2015-2017. 5. CORRESPONDENCE 1171 6. OTHER ISSUES 1181 Committee of the Whole Agenda January 19, 2015 Page 4 of 4 7. ADJOURNMENT 8. COMMUNITY FORUM Checked by:________________ Date: ________________ COMMUNITY FORUM The Community Forum provides the public with an opportunity to ask questions of Council on items that are of concern to them, with the exception of Public Hearing by-laws that have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. Each person will be permitted 2 minutes to speak or ask questions (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). Questions must be directed to the Chair of the meeting and not to the individual members of Council. The total time for this Forum is limited to 15 minutes. If a question cannot be answered, the speaker will be advised when and how a response will be given. Other opportunities are available to address Council including public hearings and delegations. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk’s Department at 604-463-5221 or clerks@mapleridge.ca Mayor and Council at mayorandcouncil@mapleridge.ca City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 19, 2015 and Members of Council FILE NO: 2014-106-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No. 7125-2014 23882 Dewdney Trunk Road EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 23882 Dewdney Trunk Road, from RS-1b (One Family Urban (Medium Density) Residential) to R-2 (Urban Residential District), to allow future subdivision into eleven single family residential lots. The minimum lot size for the current RS-1b (One Family Urban (Medium Density) Residential) zone is 557 m², and the minimum lot size for the proposed R-2 (Urban Residential District) zone is 315 m². To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: That Zone Amending Bylaw No. 7125-2014 be given first reading; and That the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879–1999, along with the information required for a Subdivision application. DISCUSSION: a)Background Context: Applicant: Foremost Development Corporation Owner: MMG Insurance Services Incorporated, #344095 Norfolk Holdings Ltd., #276001 Tassong Development Corporation, #209736 Legal Description: Lot A Except Part Subdivided by Plan LMP 1144 Section 16 Township 12 New Westminster District Plan LMP806 OCP: Existing: Urban Residential Zoning: Existing: RS-1b (One Family Urban (Medium Density) Residential) Proposed: R-2 (Urban Residential District) Surrounding Uses: North: Use: School Board Works Yard Zone: P-6 (Civic Institutional) Designation: Institutional 1101 - 2 - South: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) Designation: Urban Residential East: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential), under application 2014-016-RZ to rezone R-2 (Urban Residential District) Designation: Urban Residential West: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) Designation: Urban Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 0.52 ha (1.30 acres) Access: New local road and lane extended west from application 2014-016-RZ from 239 Street Servicing requirement: Urban Standard b)Site Characteristics: The subject property is located along Dewdney Trunk Road, identified as a Major Corridor in the Official Community Plan (OCP). The subject property is flat, with some trees and hedges located along the perimeter and in the rear of the property (see Appendix A). c)Project Description: The applicant proposes to rezone the subject property from RS-1b (One Family Urban (Medium Density) Residential) to R-2 (Urban Residential District) to permit future subdivision into eleven single family residential lots. Lots fronting Dewdney Trunk Road will be accessed via a rear lane, while remaining lots will be accessed from a new local road. The lane and new local road will be extended from the east and proposed to merge in the southwest portion of the subject property, in front of lot 8. The subject property aligns with the development application to the east, located at 23908 and 23920 Dewdney Trunk Road (2014-016-RZ), which has had first reading and proposes twelve single family residential lots to be zoned R-2 (Urban Residential District) (see Appendix D). The development of this site is subject to development of 23908 and 23920 Dewdney Trunk Road (2014-016-RZ) proceeding first, or the two parties reaching a private agreement to service the subject property. A previous application on the subject property (RZ/120/10) planned to construct a 25 lot subdivision across three properties located at 23908, 23920, and 23882 Dewdney Trunk Road. Homes fronting Dewdney Trunk Road were to be accessed from a rear lane. The development was anticipated to consist of a variety of lot sizes, with larger lots bordering the south property line. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to second reading. Such assessment may impact proposed lot - 3 - boundaries and yields, OCP designations and Bylaw particulars, and may require application for further development permits. d) Planning Analysis: Official Community Plan: The subject property is designated Urban Residential in the OCP, and is subject to the Major Corridor infill policies. These policies require that development be compatible with the surrounding neighbourhood, with particular attention given to site design setbacks and lot configuration with the existing pattern of development in the area. The proposed rezoning to R-2 (Urban Residential District) is in conformance with the Urban Residential designation and infill policies. The Major Corridor infill policies provide for a range of building forms, including single family, duplex, triplex, fourplex, townhouse, or 4-storey apartment, subject to compliance with OCP compatibility criteria. In this case, a townhouse form of development would be considered compatible for the subject properties; however, the applicants prefer to develop using the R-2 (Urban Residential District) zone. Given that there was a historic single family development application on the property, and that a single family form complies with the OCP policies, which is the dominant housing form in the area, the proposed use of R-2 (Urban Residential District) zone is supportable. Zoning Bylaw: The current application proposes to rezone the subject property, located at 23882 Dewdney Trunk Road, from RS-1b (One Family Urban (Medium Density) Residential) to R-2 (Urban Residential District) to allow future subdivision into eleven single family residential lots. The minimum lot size for the current RS-1b (One Family Urban (Medium Density) Residential) zone is 557 m², and the minimum lot size for the proposed R-2 (Urban Residential District) zone is 315 m². Some R-3 (Special Amenity Residential District) zoned lots achieving a minimum lots size of 213 m² exist to the east on Dewdney Trunk Road. The mix of lot sizes in the area will provide a variety of housing forms and price ranges. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Information Meeting: A Development Information Meeting is not required for this application because it is in compliance with the OCP and is less than 25 dwelling units. e) Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Licenses, Permits & Bylaws; c) Operations Department; d) Fire Department; and e) Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. - 4 - This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. This evaluation will take place between first and second reading. f) Development Applications: In order for this application to proceed the following information must be provided, as re quired by Development Procedures Bylaw No. 5879–1999 as amended: 1. A complete Rezoning Application (Schedule B); 2. A Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the City of Maple Ridge’s Approving Officer. “Original signed by Adam Rieu”______________________ Prepared by: Adam Rieu Planning Technician “Original signed by Christine Carter”___________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn”_______________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule”_______________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw No. 7125-2014 Appendix C – Proposed Subdivision Plan Appendix D – Proposed Subdivision Plan for 2014-016-RZ City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Nov 3, 2014 FILE: 2014-106-SD BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 23882 DEWDNEY TRUNK ROAD APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7125-2014 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 City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7125-2014." 2.That parcel or tract of land and premises known and described as: Lot A Except: Part subdivided by Plan LMP1144 Section 16 Township 12 New Westminster District Plan LMP806 and outlined in heavy black line on Map No. 1633 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-2 (Urban Residential District). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 23740237452376511939 2382511950 2383023867238922389511954 11972239422395223925 12074 2377012 0 8 0 2378023791 11915 1190011904 11971 11917 11868 238642386011857 2393211948 11936 2394323971118692378811921238002383011880 11930 11970 23843118752389823899 239 9 8237752381023815 1192823820 11949 12005 238802388011942 239222 3 9 9 2 2395623957239 9 623997 11901 11968 237302379512057 11931 23808238072381811903 119272385012055 23831238402387911918 11930 2398311908 23755237502383111918 1195923838 11911 2381323882238912399523994 11907 11913 1193911914 1192011926 2376023760237941190823823 1199523831 11960 2388923894239082392011903 11924 239702398111861 11951 12040 2378023770 119071198323840 2382211940 11980 238552388111960 11966 23925239622397223938239822398812067 11877 11893238A ST.239 ST.238 ST.DE W D NE Y T R UN K RD .238B ST.119A AV E .240 ST.119B AV E. 120A LAN E 120B AV E.239 ST.238B ST.LANE237A ST.238A ST.238B ST.119B AV E. 119 AV E . 119B AV E. 19 7 15 14 18 21 *LMP10227P 725722 6 9 6 7 Rem A 3 RP 13881Rem 15 31 9 27 26 38 P 725 72 29 P 8513427 11 LMP 30403 P 76536P 7653612 13 7 2 LMP 16 41 LMP 18 051 Rem 3 5 1 33 P 167 6P 8367741 1 P 863 10EP 1700010 9 LMP 42 851 10 24 8 3 P 7653617 19 5 11 5 10 1144 8 1LMP 114 4 1 P 167 6 5 2 BCP 456426 5 34 of 1 4 14 8 LMP 30403 18 BCP 21 769 4 14 26 8 2 2 A 30 1 4 P 577 47 of BS 1/2 23 19 6 P 851341 1590 3 23 21 B 25 6 18 4 LMP 16 41 LMS2315LMP 1 8051 32 3 36 P 725 72 13 22 28 LMP 30403 P 851 34 Rem 1 BCS 3 574 24 7 LMP 4 LMP 80 6 5 1 2W 1/2 LMP 180516 7 14 LMP 1 805129 7 6 25 S 1/2 39 P 7528W 1/2 16 17 PcL 126 78 25 20 PARK EP 5 P 851343 P 76536LMP 30 402 Rem Pc l. 'A' 4 13 28 3 10 11 Rem N 1/2of B LMP 14766LMP 3985117 9 27 21 22 16 15 20 1 4 3 2 8 12 LMP 18 051 2 LMP 1805140 37 35 P 880 32 ´ SCALE 1:2 ,5 00 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1b (One Family U rban (Medium Den sity) Residential) R-2 (Urban Residential District) 7125-20141633 Urban Area Boundary Urban Area Boundary APPENDIX C APPENDIX D - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 19, 2015 and Members of Council FILE NO: 2012-065-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7126-2015 and Second Reading Zone Amending Bylaw No. 7059-2014 10501 and 10601 Jackson Road, 10578 245B Street and PID 010-396-977 EXECUTIVE SUMMARY: An application has been received to rezone the subject properties (Appendix A) located at 10501 and 10601 Jackson Road, 10578 245B Street and Lot 8, Plan 18280 (PID 010-396-977) from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban (Medium Density) Residential), to permit a future subdivision of approximately 60 lots. The proposed RS-1b (One Family Urban (Medium Density) Residential) zoning complies with the policies of the Official Community Plan (OCP). However, an amendment to the OCP is required to increase the area designated Conservation around the watercourse (Appendix B). The applicant intends to choose the Density Bonus option within the RS-1b (One Family Urban (Medium Density) Residential) zone, which is specific to the Albion Area, enabling single-family lot sizes with a minimum area of 371 m² (Appendix C). The required amenity fee of $3,100.00 for each lot with an area less than 557m² will be collected by the Approving Officer at the subdivision approval stage. Council granted first reading to Zone Amending Bylaw No. 7059-2014 and considered the early consultation requirements for the Official Community Plan (OCP) amendment on February 25, 2014. Since first reading, Zone Amending Bylaw No. 7059-2014 has been revised to exclude the access to the park from the area to be rezoned. The minimum lot size for the current RS-3 (One Family Rural Residential) zone is 8000m2 and for the RS-2 (One Family Suburban Residential) zone is 4000m². RECOMMENDATIONS: 1)That, in accordance with Section 879 of the Local Government Act, opportunity for early and on- going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7126-2015 on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2)That Official Community Plan Amending Bylaw No. 7126-2015 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3)That it be confirmed that Official Community Plan Amending Bylaw No. 7126-2015 is consistent with the Capital Expenditure Plan and Waste Management Plan; 1102 - 2 - 4) That Maple Ridge Official Community Plan Amending Bylaw No. 7126-2015 be given first and second readings and be forwarded to Public Hearing; 5) That Maple Ridge Zone Amending Bylaw No. 7059-2014 be amended as identified in the staff report dated January 19, 2015, be given second reading, and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan, and Schedule “C”. ii) Road dedication on Jackson Road, as required; iii) Park dedication as required and removal of all debris and garbage from park land; iv) Consolidation of the subject properties; and v) Registration of a Restrictive Covenant for the geotechnical report which addresses the suitability of the subject properties for the proposed development. DISCUSSION: 1) Background Context: Applicant: Morningstar Homes Ltd. Owner: Allard Contractors Ltd Montcalm Aggregates Ltd, Inc No 92144 Westwood Gravel Ltd Legal Description: Lot: 8, Section 10, Township 12, NWD Plan 18280 Lot 1, Section 10, Township 12, NWD Plan 72103 Lots 5 and 6, Section 10, Township 12, NWD Plan 75957 OCP: Existing: Low/Medium Density Residential, Conservation Proposed: Low/Medium Density Residential, Conservation Zoning: Existing: RS-3 (One Family Rural Residential), and RS-2 (One Family Suburban Residential) Proposed: RS-1b (One Family Urban (Medium Density) Residential) with a Density Bonus through the Albion Community Amenity Program Surrounding Uses: North: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) Designation: Low/Medium Density Residential,Conservation - 3 - South: Use: Albion Park Zone: P-1 (Park and School) Designation: Park East: Use: Single Family Residential Zone: R-3 (Special Amenity Residential District and RS-3 (One Family Rural Residential) Designation: Medium Density Residential West: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) and RS-2 (One Family Suburban Residential) Designation: Low/Medium Density Residential,Conservation Existing Use of Property: Vacant, Inactive Gravel Extraction site Proposed Use of Property: Single Family Residential Site Area: 4.63 hectares (11.4 acres) Access: 245B Street, 106 Avenue Servicing requirement: Urban Standard Previous Applications: RZ/104/06, SD/104/06, DP/104/06 Companion Applications: 2012-065-SD, 2012-065-DP 2) Project Description: The development site consists of four lots on the west side of Jackson Road, between 104 and 106 Avenues with a total area of 4.63 hectares (11.4 acres). As a former gravel extraction operation, the site was extensively excavated over many years and there is little natural landscape remaining. A tributary to Maggy Creek originates in the northwest corner and flows west from the site. There is a steep bank along the Jackson Road frontage as a result of gravel extraction that is sparsely vegetated with deciduous trees. The site has been covered with fine silt material from the gravel crushing operation and has been re-graded several times. The applicant has requested to rezone the development site from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban (Medium Density) Residential) for a subdivision of approximately 60 lots (Appendix D). The applicant intends to choose the Density Bonus option within the RS-1b (One Family Urban (Medium Density) Residential) zone, which is specific to the Albion Area, enabling single-family lot sizes with a minimum area of 371m². The Community Amenity Program is detailed in Zone Amending Bylaw No. 6996 – 2013, which will permit the following: For the RS-1b (One Family Urban (Medium Density) Residential) zone, the base density is a net lot area of 557m2. A Density Bonus is an option in the RS-1b (One Family Urban (Medium Density) Residential) zone and shall be applied as follows: a) An Amenity Contribution of $3,100 per lot will be required in any subdivision containing one or more lots with an area of less than 557m2, payable when the Approving Officer approves the subdivision. - 4 - b) The maximum density permitted through the Density Bonus option is: i) minimum net lot area of 371m2; ii) minimum lot width of 12.0 m; iii) minimum lot depth of 24 m. c) Zoning requirements consistent with the R-1 (Residential District) zone will apply and supersede the zoning requirements for the RS-1b (One Family Urban (Medium Density) Residential) zone. The proposed development proposes 60 lots of which 50 are R-1 (Residential District) sized lots, amounting to an Amenity Contribution of approximately $155,000.00. The final number of lots and amenity contribution will be determined at the time of approval of the subdivision. The development will be accessed from 245B Street and from 106 Avenue. The steep grade on the west side of Jackson Road will prohibit any road or driveway connections, but will allow a walkway connection near the existing water filling station on Jackson Road (between Lot Pt. 15 and Lot 16 on Appendix D). New on-site roads are proposed that would run south from the 106 Avenue cul-de-sac, parallel to Jackson Road, with a road connection to the north end of 245B Street. Future road and lane connections are proposed near the south end of 245B Street when the remaining lands on 245B Street develop. An existing lane at the northeast corner will be extended to connect with 106 Avenue. 3) Planning Analysis: i) Official Community Plan: The development site is located within the Albion Area Plan and is currently designated Low/Medium Density Residential and Conservation. As identified in the Albion Zoning Matrix (Section 10.2.7), the proposed RS-1b (One Family Urban (Medium Density) Residential) zone is consistent with the Low/Medium Density Residential land use designation. An OCP amendment is required to increase the Conservation boundary to encompass the proposed park in the northwest corner of the site. (Appendix B) The park provides environmental protection for the tributary of Maggy Creek and will include enhancement works and a bio-filtration pond as a component of the stormwater management for the site. The applicant intends to choose the Density Bonus option within the RS-1b (One Family Urban (Medium Density) Residential) zone, which is specific to the Albion Area, enabling single-family lot sizes of 371 m². The required amenity fee of $3,100.00 for each lot with an area less than 557m² will be collected by the Approving Officer at the subdivision approval stage. The application is in compliance with the following Albion Area Plan Community Amenity Program policies: 10 - 4 A Density Bonus through the Community Amenity Program will be permitted on lands designated Low Density Residential, Low-Medium Density Residential and Medium Density Residential in the Albion Area Plan. - 5 - 10 - 5 Where a Density Bonus option is utilized in a single-family subdivision, an Amenity Contribution is to be applied to all of the single-family lots in the subdivision that exceed the base density permitted in the zone. 10 - 7 Maple Ridge Council may consider Density Bonuses as part of the development review process for Albion Area Plan amendment applications seeking a land use designation change that would permit a higher density than currently permitted. 10 - 8 A Density bonus will only be permitted on those lands that are located entirely within the boundaries of the Albion Area Plan and Urban Area Boundary. ii) Zoning Bylaw: The current application proposes to rezone the subject property from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban (Medium Density) Residential) to permit the future subdivision of approximately 60 lots. Since first reading, Zone Amending Bylaw No. 7059-2014 has been revised so that the conservation area, including the access to it, located between Lots 4 and 5 on Appendix D, is not included in the area to be rezoned. The minimum lot size for the existing RS-3 (One Family Rural Residential) zone is 8000m2 and for the RS-2 (One Family Suburban Residential) zone is 4000m². The minimum lot size for the proposed the RS-1b (One Family Urban (Medium Density) Residential) zone is 557m². The applicant intends to choose the Density Bonus option within the RS-1b (One Family Urban (Medium Density) Residential) zone, which is specific to the Albion Area, enabling single-family lot sizes of 371 m². The required amenity fee of $3,100.00 for each lot with an area less than 557m² will be collected by the Approving Officer at the subdivision approval stage. The application is also in compliance with the Zone Amending Bylaw No. 6996 – 2013 that permits a Density Bonus option in the Low/Medium Density Residential designation in the Albion Area Plan. The applicant intends to apply the Density Bonus option to this project, as discussed above in the Project Description. Subdivision application 2012-065-SD has been received and is currently being reviewed by the Approving Officer. iii) Proposed Variances: The applicant has not requested any variances at this time, and any variances that may arise as part of the on-going assessment of the project would be the subject of a future Council report. iv) Development Permits: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. - 6 - Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for:  All areas designated Conservation on Schedule “B” or all areas within 50 metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan;  All lands with an average natural slope of greater than 15 percent;  All floodplain areas and forest lands identified on Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. v) Development Information Meeting: A Development Information Meeting was held at Samuel Robertson Technical Secondary School on Thursday, October 8, 2014. Approximately 11 people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  The applicant described the development and provided the subdivision and servicing plans on display boards. In general, most attendees liked the proposed use and density.  Some residents’ primary concern was the poor condition of some adjacent undeveloped remnant parcels of land on 106 Avenue.  Tree retention on the eastern slope (adjacent to Jackson Road) was discussed.  One resident expressed the need for commercial space in the Albion area, not necessarily on this development site.  The timing of the project was discussed and when construction would start.  Some residents north of the development site were concerned about where construction traffic would access the site.  Some residents asked about the impacts of traffic in the existing neighbourhood from the new road and lane connections. The following are provided in response to the issues raised by the public:  The adjacent remnant parcels and some remnant land from this development would be combined in a future subdivision application that would result in some new lots on 106 Avenue.  The applicant identified that the slope is a buffer area that would not be disturbed. (Note: it has since been determined by the geotechnical engineer that some stabilization and retaining works will be required on the slope. The area will be replanted as required.)  The timing of construction will depend on the municipal approval process, but was expected to start in the summer of 2015. Construction traffic would not use 106 Avenue for access to the site. - 7 -  Some changes to neighbourhood traffic patterns could occur because the existing portion of 106 Avenue and the lane adjacent to Jackson Road are currently unconnected and incomplete. vi) Parkland Requirement: As there are more than two additional lots proposed to be created, the developer will be required to comply with the park dedication requirements of Section 941 of the Local Government Act prior to subdivision approval. For this project, there is sufficient land that is proposed to be dedicated as park on the subject properties and this land will be required to be dedicated as a condition of Final Reading. 4) Environmental Implications: The applicant has submitted a Watercourse Protection and Natural Features Development Permit application (2012-065-DP) and has provided an Environmental Assessment, a Geotechnical Report and an Arborist Report for the site. Stormwater/Rainwater Management and Erosion and Sediment Controls plans have also been submitted for review. Due to the former gravel extraction activities on the site, there is little remaining natural landscape. There is a significant amount of fine silt material that was deposited on the site during that time, and it is unsuitable base material for the proposed development. Much of it will need to be removed and replaced with structural fill. Remediation work is required for the steep slope adjacent to Jackson Road to provide slope stability and retaining walls at the base of the slope. There were sediment control drainage channels and settlement ponds on the site, and the tributary of Maggy Creek in the northwest corner has been disturbed. The rehabilitation works on the site will include the construction of a bio-filtration pond and riparian trees and shrub plantings in the park. The stormwater management plan also includes bio-swales along some of the road frontages, in-pipe detention, and flow-control man-holes. 5) Interdepartmental Implications: i) Engineering Department: Engineering has reviewed the rezoning application and identified that, as a condition of rezoning, the applicant will be required to dedicate 3 metres of road right-of-way to the City across the Jackson Road frontage as well as a 3x3 metre truncation at the intersection of 104 Avenue and Jackson Road. There are no servicing requirements established as a condition of rezoning. All services for this development will be required at the subdivision stage, including the construction of all onsite services and upgrading of all road frontages, including Jackson Road, to a full urban standard. - 8 - ii) Building Department: The Building Department has reviewed the geotechnical report, the lot grading plans, and the stormwater management plans. The developer will provide a comprehensive lot grading plan that ensures the unsuitable fill on the site is replaced with appropriate structural fill, and that the slope stability measures for the steep slope below Jackson Road are approved by the geotechnical engineer. The stormwater management plan will be reviewed by the geotechnical engineer. iii) Fire Department: The Fire Department requested that, if the site is subdivided in two phases, a temporary hammerhead turnaround be provided at the phasing boundary, which is located between Lots 29-30 and 46-47, as shown on Appendix D. 6) School District No. 42 Comments: Pursuant to Section 881 of the Local Government Act, consultation with School District No. 42 is required at the time of preparing or amending the OCP. A referral was sent to School District No. 42 on October 16, 2014. The School District provided the following information in response:  The proposed amendment to the OCP would affect the student population for the catchment areas for Webster’s Corner Elementary and Samuel Robertson Technical Secondary;  Webster’s Corner Elementary has an operating capacity of 251 students. The 2013- 2014 school year student enrolment was 176 students (71% utilization);  Samuel Robertson Technical Secondary has an operating capacity of 600 students. The 2013-2014 school year student enrolment was 809 students (135% utilization). 7) Intergovernmental Issues: i) Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Local Government Act. The amendment required for this application, the Albion Area density bonus and the revision of the Conservation boundary, are considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. - 9 - CONCLUSION: It is recommended that first and second reading be given to Maple Ridge OCP Amending Bylaw No. 7126-2015, that second reading be given to Maple Ridge Zone Amending Bylaw No. 7059-2014, and that application 2012-065-RZ be forwarded to Public Hearing. “Original signed by Ann Edwards” _______________________________________________ Prepared by: Ann Edwards, CPT Senior Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Maple Ridge OCP Amending Bylaw No. 7126-2015 Appendix C – Maple Ridge Zone Amending Bylaw No. 7059-2014 Appendix D – Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Feb 11, 2014 2012-065-RZ BY: JV CORPORATION OFTHE DISTRICT OFMAPLE RIDGE P LA N NIN G DE P A R T M E N T 1052 9 2457 02463 22463 5 1037 5 2466 7 1047 0 1042 52468 3 1044 9 2468 7 1048 5 2470 82472 6 1052 1 105 7 6 10 6 1 3 1052 0 1055 1 1044 8 10 5 6 7 1053 6 1045 5 1046 9 1054 3 2456 0 1057 8 1043 5 1043 9 2467 7 1051 6 2471 3 1046 8 1050 5 1054 0 1048 0 1050 9 1056 6 1057 0 2473 7 1044 1 1055 5 1055 9 1049 3 1 0 6 3 3 1055 2 105 5 6 1044 1 1051 52459 62459 5 2 4 6 0 9 1038 62465 0 1041 9 2468 22470 1 1045 8 1053 0 2470 7 1051 7 2472 31065 1 1043 5 1050 6 1037 4 10 6 1 9 1044 2 1049 9 1046 2 10511 1051 7 10 5 7 3 1049 6 10 5 7 2 1050 5 1058 7 1056 5 1058 82458 02465 1 1042 0 10411 1046 6 1045 9 1043 8 1046 5 1047 3 1046 2 2471 6 1055 6 1055 8 1056 2 1049 0 1043 1 105 8 0 1047 5 1048 7 1051 6 1052 6 1041 8 1045 6 105 6 5 1052 3 1048 8 2478 6 1044 1 1059 12458 71037 22462 72464 3 1038 1 1043 6 1044 0 1044 6 1050 1 1046 0 1041 5 2466 92467 62469 52470 0 1049 7 1049 6 1045 7 1050 0 1051 0 1 0 6 4 9 1038 0 1060 6 1 0 6 2 5 1046 8 1047 6 1054 0 10 5 7 1 2477 52478 1 1046 5 1048 5 1054 3 1055 3 1056 31058 5 1048 1 1058 3 1057 0 2458 92460 2 1039 6 1041 6 2465 9 1042 9 1047 6 1049 0 1044 5 1049 2 1050 6 1051 0 2469 2 1044 4 1046 9 1048 9 1053 6 1049 3 1054 6 2473 2 1054 1 1048 1 1039 2 1043 2 1048 2 10 5 7 7 1050 22476 7 10 5 6 0 10 5 6 8 1047 1 1053 0 1037 8 1042 6 1045 6 1050 2 1051 2 1044 8 1048 1 2470 5 1047 2 1050 1 1060 1 2472 5 1053 1 106 0 5 1044 5 1045 1 1046 3 1046 9 1056 1 1038 6 1042 8 1050 5 1054 6 1 0 6 3 9 2477 6 1044 7 1045 32478 7 1057 9 1047 02459 02457 52460 6 1039 0 1040 6 1041 0 1043 0 1038 7 1039 3 1045 0 2467 5 1048 0 1048 6 1049 6 1050 0 1045 5 1047 7 1052 0 1045 2 2471 52471 9 1047 6 1051 3 1048 6 2473 1 1040 8 1043 8 10 5 8 1 1050 8 1051 2 10 6 4 7 1051 8 1043 3 1045 9 1047 7 1049 51057 8 1061 6 105 A A V E .JA CK S O N RD.M cE A C HE R N S T. RO B E R T S O N S T .245 B S T. 104 A V E .RO B E RT S O N S T. 106 A V E . JA C K S O N R D. M cCL UR E DR .EPP 1654410 9 16 P 72100 5 4 51 1 2 78 45 6 EPP 323146 81 50 16 Rem. 83 82 92 44 BCP 23574 90 55 91 93 61 29 4 28 108 19 16 98 75 13 P 18280 27 126 113 36 31 1 BCP 14851 10 18 86 31 30 P 72103 9 43 17 20 22 94 102 3837 26 27 92 56 57 59 87 82 6 81 76 99 101 74 *PP023N 1/2 of SE 1/4 128 125 39 40 30 Ptn of 34 1 P 72100 88 85 8 52 49 1 11 104 41 19 101 25 95 100 32 65 66 7 147 133 146BCP 26096 24 107 111 8 10 15 9 3 P 75957 90 47 103 PARK 39 35EPP 3231434 99 95 86 64 5 20 8 9 10 109 107 105 73 108 109BCP 3634111 123 EPP 32314 P 7 2 1 0 0 3 87 BCP 1 7 9 7 6 32 29 84 BCP 1 7 9 7 6 48 5251 48 46 18 23 EPP 32314PARK 60 88 22 BCP 36341BCP 2609611 127 106 110 26 37 29 122 120 118 116 EPP 1654411 2 7 28 53 7 8 45 40 BCP 13498 93 24 1 PARK EPP 32314 2 BCP 3634194 85 62 7768 18 134 106 96 97 100 38 28 12 143 115 SK 6504F 9 4 P 75957 17 P 18280 77 79 105 49 15 42 54 36 58 33 3 148 98 98 83 21 67 79 78 69 70 71 22 17 15 104 14 EPP 32314114 119 112 117 35 BCP 36044PARK 3 8 P 75957 50 80 EPP 3231410 121314 91 EPP 34124 21 96 3130 97 89 84 63 EPP 3231423 110 80 72 145 102 103 144 25 124 121 32 Subject Properties ´ Scale: 1:2,500 10501/10601 Jackson Rd/10578-245B St & 84317-0700-8 APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7126-2015 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "A" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7126-2015 2.Schedule "A" is hereby amended for that parcel or tract of land and premises known and described as: Lot 8 Section 10 Township 12 New Westminster District Plan 18280 Lot 1 Section 10 Township 12 New Westminster District Plan 72103 Lot 5 Section 10 Township 12 New Westminster District Plan 75957 Lot 6 Section 10 Township 12 New Westminster District Plan 75957 Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan, and outlined in heavy black line on Map No. 902, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding conservation. 3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot 8 Section 10 Township 12 New Westminster District Plan 18280 Lot 1 Section 10 Township 12 New Westminster District Plan 72103 Lot 5 Section 10 Township 12 New Westminster District Plan 75957 Lot 6 Section 10 Township 12 New Westminster District Plan 75957 and outlined in heavy black line on Map No. 903, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. APPENDIX B 4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ A FIRST TIME the day of , 20 . READ A SECOND TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED, the day of ,20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER 10476 10502 10587 10441 10579 245702465010470 10435 10492 10496 10506 10477 10512 2470010485 10501 10513 10601 10457 10463 10606 10438 10505 1 0 6 3 3 10552 10502 10563 10466 10486 10526 10582 10455 10529 10591105302457524587 246271039624635 246512464310381 10445 246952470124715247232472610521 10605 10481 10551 10392 10408 10418 10428 1 0 6 2 5 10511 10536 10571 10573 10581 10647 2477510572 10477 10585 10450 10492 10596 2459510406 10416 10426 10419 10500 10452 10546 10496 2473210441 10445 10469 10500 10541 10580 10374 10526 105182477610568 1043310453 10391 10531 2479610481 24602246062463210372 10390 10430 10436 10450 10501 10411 10466 10429 246872469210444 10516 10489 10530 2470810468 10540 10566 1057010651 24731247371 0 6 4 9 10432 10462 10517 10488 10508 10560 10588 10592 1058810375 10460 10476 10480 1049024683 246692467710455 10473 247132471610576 1043110435 10506 10613 10516 10448 10499 10577 105122476710556 104412478110471 10515 10553 10458 10570 10580 10583 2456010470 1057824580 245892466710415 10425 10486 10449 2468210459 10520 2470710462 10493 10497 10505 10517 10558 10490 10510 10380 10475 10520 10559 10493 10482 1 0 6 3 9 24786247871057810616 10536 10558 10586 10585 10469 10543 10565 1057024590 10378 10386 10420246 5910387 10393 10440 2467610438 10469 10448 2470510472 2471910480 10562 10486 10531 10555 10561 10386 10468 10523 10540 10459 10465 10485 10543 10445 10512 10548 10590 245962 4 6 0 9 10410 10446 104562467 510439 10502 10510 10465 10458 10481 10536 10476 10509 10556 2472510451 10487 10619 10442 10456 10565 10567 10476 10496 10546 1 0 4 4 7 10495 10505 106 AVE. ROBERTSON ST.McEACHERN ST.JACKSON RD.104 AVE.104 AVE.245B ST.245 ST.M cC LU R E D R . JACKSON RD.ROBERTSON ST.105A AVE.248 ST.6 1 9 2 18 84 28 1 5 7 81 11 104 44 18 22 33 29 84 63 20 9BCP 26096109 67 145 107 99 13 108 28 35 31 33 P 72100 2 BCP 295211 EPP 1654411 8 5 P 75957 49 45 Rem . 83 39 23 102 101 24 91 61 97 99 8988 85 83 82EPP 3231465 23 10 71 146 134 75 14 127 27 124 113 34 4 3 7 9 3 16 4 P 18280 2 79 EPP 3231448 46 13 82 21 93 58 62 21 8 77 70 18 11 24 144 26 39 PARK 6 BCP 3604410 8 15 21 P 72100 88 BCP 17976 29 8 51 49 4 6 EPP 323141 EPP 34124 42 20 94 36 26 57 87 133 108 79 69 76 72 96 100 101 EPP 3231437 38 29 143 117 115 36 Ptn of 1 9 6 3 BCP 29521EPP 165444 1 BCP 14851 P 75957 87 P 72103 BCP 1797678 50 9 80 50 14 16 43 19 EPP 32314PARK 54 3534 27 EPP 32314 32 30BCP 363413 148 95 22 6 BCP 36341110 80 78 68 19 15 98*PP023106B CP 36341128 125 121 SK 6504F 5 PARK BCP 36044P 72100 86 32 52 48 3 52 8 90 105 47 41 93 37 25 100 60 147 16 106 103 114 11 126 120 112 118 32 24 7 5 7 8 4 2 3 P 75957 17 9 85 31 76 77 53 6 51 10 91 103 38 EPP 32314PARK 95 96 92 56 31 2 4 98 86 66 28 5 7 81 22 17 104 P 18280 107 110 N 1/2 of SE 1/4 123 122 119 116 30 41 8 5 10 10 7 30 12 15 92 PARK 17 40 BCP 13498 BCP 23574 90 55 1 59 98 94 64 BCP 2609697 102 105 74 73 109 25 12 111 EPP 32314 40 RW 72102EPP 32316EPP 32317 EPP 32317 EPP 32315RW 75958 BCP 39484 BCP 26098 EPP 32316BCP 39484 BCP 17980 BCP 17977 BCP 36045EPP 20700EPP 32319BCP 39484 BCP 17388EPP 16545 RW 75958 BCP17979 EPP 32315 E P P 2 2 4 5 6 EPP 35540RW 75958 BCP 17977 BCP 39484 EPP 32316 NWP39911 EPP 32318EPP 32319BCP 29522 EPP 20700BCP 17979 EPP 32315EPP 14530BC P 2 95 22 RW 76098B C P 26097 EPP 32317 BCP 39484 JACKSON RD.248 ST.JACKSON RD.´ SCALE 1:3 ,0 00 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose: From: To: To Amend Albion Area Plan Schedule 1Low Density Medium Conservation 7126-2015902 10476 10502 10587 10441 10579 245702465010470 10435 10492 10496 10506 10477 10512 2470010485 10501 10513 10601 10457 10463 10606 10438 10505 1 0 6 3 3 10552 10502 10563 10466 10486 10526 10582 10455 10529 10591105302457524587 246271039624635 246512464310381 10445 246952470124715247232472610521 10605 10481 10551 10392 10408 10418 10428 1 0 6 2 5 10511 10536 10571 10573 10581 10647 2477510572 10477 10585 10450 10492 10596 2459510406 10416 10426 10419 10500 10452 10546 10496 2473210441 10445 10469 10500 10541 10580 10374 10526 105182477610568 1043310453 10391 10531 2479610481 24602246062463210372 10390 10430 10436 10450 10501 10411 10466 10429 246872469210444 10516 10489 10530 2470810468 10540 10566 1057010651 24731247371 0 6 4 9 10432 10462 10517 10488 10508 10560 10588 10592 1058810375 10460 10476 10480 1049024683 246692467710455 10473 247132471610576 1043110435 10506 10613 10516 10448 10499 10577 105122476710556 104412478110471 10515 10553 10458 10570 10580 10583 2456010470 1057824580 245892466710415 10425 10486 10449 2468210459 10520 2470710462 10493 10497 10505 10517 10558 10490 10510 10380 10475 10520 10559 10493 10482 1 0 6 3 9 24786247871057810616 10536 10558 10586 10585 10469 10543 10565 1057024590 10378 10386 10420246 5910387 10393 10440 2467610438 10469 10448 2470510472 2471910480 10562 10486 10531 10555 10561 10386 10468 10523 10540 10459 10465 10485 10543 10445 10512 10548 10590 245962 4 6 0 9 10410 10446 104562467 510439 10502 10510 10465 10458 10481 10536 10476 10509 10556 2472510451 10487 10619 10442 10456 10565 10567 10476 10496 10546 1 0 4 4 7 10495 10505 106 AVE. ROBERTSON ST.McEACHERN ST.JACKSON RD.104 AVE.104 AVE.245B ST.245 ST.M cC LU R E D R . JACKSON RD.ROBERTSON ST.105A AVE.248 ST.6 1 9 2 18 84 28 1 5 7 81 11 104 44 18 22 33 29 84 63 20 9BCP 26096109 67 145 107 99 13 108 28 35 31 33 P 72100 2 BCP 295211 EPP 1654411 8 5 P 75957 49 45 Rem . 83 39 23 102 101 24 91 61 97 99 8988 85 83 82EPP 3231465 23 10 71 146 134 75 14 127 27 124 113 34 4 3 7 9 3 16 4 P 18280 2 79 EPP 3231448 46 13 82 21 93 58 62 21 8 77 70 18 11 24 144 26 39 PARK 6 BCP 3604410 8 15 21 P 72100 88 BCP 17976 29 8 51 49 4 6 EPP 323141 EPP 34124 42 20 94 36 26 57 87 133 108 79 69 76 72 96 100 101 EPP 3231437 38 29 143 117 115 36 Ptn of 1 9 6 3 BCP 29521EPP 165444 1 BCP 14851 P 75957 87 P 72103 BCP 1797678 50 9 80 50 14 16 43 19 EPP 32314PARK 54 3534 27 EPP 32314 32 30BCP 363413 148 95 22 6 BCP 36341110 80 78 68 19 15 98*PP023106B CP 36341128 125 121 SK 6504F 5 PARK BCP 36044P 72100 86 32 52 48 3 52 8 90 105 47 41 93 37 25 100 60 147 16 106 103 114 11 126 120 112 118 32 24 7 5 7 8 4 2 3 P 75957 17 9 85 31 76 77 53 6 51 10 91 103 38 EPP 32314PARK 95 96 92 56 31 2 4 98 86 66 28 5 7 81 22 17 104 P 18280 107 110 N 1/2 of SE 1/4 123 122 119 116 30 41 8 5 10 10 7 30 12 15 92 PARK 17 40 BCP 13498 BCP 23574 90 55 1 59 98 94 64 BCP 2609697 102 105 74 73 109 25 12 111 EPP 32314 40 RW 72102EPP 32316EPP 32317 EPP 32317 EPP 32315RW 75958 BCP 39484 BCP 26098 EPP 32316BCP 39484 BCP 17980 BCP 17977 BCP 36045EPP 20700EPP 32319BCP 39484 BCP 17388EPP 16545 RW 75958 BCP17979 EPP 32315 E P P 2 2 4 5 6 EPP 35540RW 75958 BCP 17977 BCP 39484 EPP 32316 NWP39911 EPP 32318EPP 32319BCP 29522 EPP 20700BCP 17979 EPP 32315EPP 14530BC P 2 95 22 RW 76098B C P 26097 EPP 32317 BCP 39484 JACKSON RD.248 ST.JACKSON RD.´ SCALE 1:3 ,0 00 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose: To Add to Conservation on Schedule C 7126-2015903 CITY OF MAPLE RIDGE BYLAW NO. 7059-2014 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 City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7059-2014." 2.Those parcels or tracts of land and premises known and described as: Lot 8 Section 10 Township 12 New Westminster District Plan 18280 Lot 1 Section 10 Township 12 New Westminster District Plan 72103 Lot 5 Section 10 Township 12 New Westminster District Plan 75957 Lot 6 Section 10 Township 12 New Westminster District Plan 75957 and outlined in heavy black line on Map No. 1609 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RS-1b (One Family Urban (Medium Density) Residential). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 25th day of February, 2014. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 10476 10502 10587 10441 10579 245702465010470 10435 10492 10496 10506 10477 10512 2470010485 10501 10513 10601 10457 10463 10606 10438 10505 1 0 6 3 3 10552 10502 10563 10466 10486 10526 10582 10455 10529 10591105302457524587 246271039624635 246512464310381 10445 246952470124715247232472610521 10605 10481 10551 10392 10408 10418 10428 1 0 6 2 5 10511 10536 10571 10573 10581 10647 2477510572 10477 10585 10450 10492 10596 2459510406 10416 10426 10419 10500 10452 10546 10496 2473210441 10445 10469 10500 10541 10580 10374 10526 105182477610568 1043310453 10391 10531 2479610481 24602246062463210372 10390 10430 10436 10450 10501 10411 10466 10429 246872469210444 10516 10489 10530 2470810468 10540 10566 1057010651 24731247371 0 6 4 9 10432 10462 10517 10488 10508 10560 10588 10592 1058810375 10460 10476 10480 1049024683 246692467710455 10473 247132471610576 1043110435 10506 10613 10516 10448 10499 10577 105122476710556 104412478110471 10515 10553 10458 10570 10580 10583 2456010470 1057824580 245892466710415 10425 10486 10449 2468210459 10520 2470710462 10493 10497 10505 10517 10558 10490 10510 10380 10475 10520 10559 10493 10482 1 0 6 3 9 24786247871057810616 10536 10558 10586 10585 10469 10543 10565 1057024590 10378 10386 10420246 5910387 10393 10440 2467610438 10469 10448 2470510472 2471910480 10562 10486 10531 10555 10561 10386 10468 10523 10540 10459 10465 10485 10543 10445 10512 10548 10590 245962 4 6 0 9 10410 10446 104562467 510439 10502 10510 10465 10458 10481 10536 10476 10509 10556 2472510451 10487 10619 10442 10456 10565 10567 10476 10496 10546 1 0 4 4 7 10495 10505 106 AVE. ROBERTSON ST.McEACHERN ST.JACKSON RD.104 AVE.104 AVE.245B ST.245 ST.M cC LU R E D R . JACKSON RD.ROBERTSON ST.105A AVE.248 ST.6 1 9 2 18 84 28 1 5 7 81 11 104 44 18 22 33 29 84 63 20 9BCP 26096109 67 145 107 99 13 108 28 35 31 33 P 72100 2 BCP 295211 EPP 1654411 8 5 P 75957 49 45 Rem . 83 39 23 102 101 24 91 61 97 99 8988 85 83 82EPP 3231465 23 10 71 146 134 75 14 127 27 124 113 34 4 3 7 9 3 16 4 P 18280 2 79 EPP 3231448 46 13 82 21 93 58 62 21 8 77 70 18 11 24 144 26 39 PARK 6 BCP 3604410 8 15 21 P 72100 88 BCP 17976 29 8 51 49 4 6 EPP 323141 EPP 34124 42 20 94 36 26 57 87 133 108 79 69 76 72 96 100 101 EPP 3231437 38 29 143 117 115 36 Ptn of 1 9 6 3 BCP 29521EPP 165444 1 BCP 14851 P 75957 87 P 72103 BCP 1797678 50 9 80 50 14 16 43 19 EPP 32314PARK 54 3534 27 EPP 32314 32 30BCP 363413 148 95 22 6 BCP 36341110 80 78 68 19 15 98*PP023106B CP 36341128 125 121 SK 6504F 5 PARK BCP 36044P 72100 86 32 52 48 3 52 8 90 105 47 41 93 37 25 100 60 147 16 106 103 114 11 126 120 112 118 32 24 7 5 7 8 4 2 3 P 75957 17 9 85 31 76 77 53 6 51 10 91 103 38 EPP 32314PARK 95 96 92 56 31 2 4 98 86 66 28 5 7 81 22 17 104 P 18280 107 110 N 1/2 of SE 1/4 123 122 119 116 30 41 8 5 10 10 7 30 12 15 92 PARK 17 40 BCP 13498 BCP 23574 90 55 1 59 98 94 64 BCP 2609697 102 105 74 73 109 25 12 111 EPP 32314 40 RW 72102EPP 32316EPP 32317 EPP 32317 EPP 32315RW 75958 BCP 39484 BCP 26098 EPP 32316BCP 39484 BCP 17980 BCP 17977 BCP 36045EPP 20700EPP 32319BCP 39484 BCP 17388EPP 16545 RW 75958 BCP17979 EPP 32315 E P P 2 2 4 5 6 EPP 35540RW 75958 BCP 17977 BCP 39484 EPP 32316 NWP39911 EPP 32318EPP 32319BCP 29522 EPP 20700BCP 17979 EPP 32315EPP 14530BC P 2 95 22 RW 76098B C P 26097 EPP 32317 BCP 39484 JACKSON RD.248 ST.JACKSON RD.´ SCALE 1:3 ,0 00 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-2 (One Family Suburban Residential)RS-3 (One Family Rural Residential)RS-1b (One Family U rban (Medium Den sity) Residential) 7059-20141609 APPENDIX D - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 19, 2015 and Members of Council FILE NO: 2013-041-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Addendum to Second Reading Report 20738 123 Avenue EXECUTIVE SUMMARY: This application received first reading for Zone Amending Bylaw No. 7007-2013 on July 23, 2013. First and second reading of OCP Amending Bylaw 7087-2014 and second reading of Zone Amending Bylaw No. 7007-2013 were granted on November 25, 2014. The application was presented at Public Hearing on December 9, 2014 and third reading for both bylaws was deferred on the same date. A number of issues were raised at the Public Hearing by neighbours; specifically, issues related to traffic, sightlines, the accomodation of cylcists, streetlighting, density and watercourse setbacks. Following Council’s deferral of the bylaws the applicant was asked to respond to and address the issues raised at Public Hearing. In response, the applicant has provided an updated Traffic Consultant report as well as providing clarification on non-traffic related issues. This report also includes further clarification on the watercourse setbacks. If Council is satisfied with the information provided by the applicant, it is recommended that the application be forwarded back to Public Hearing. RECOMMENDATION: 1)That the “Addendum to Second Reading Report” dated January 19, 2015 be received as information; 2)That a second Public Hearing in regards to Bylaws 7087-2014 and 7007-2013 be held prior to consideration of third reading. DISCUSSION: Background and Revised Information: This application received first reading for Zone Amending Bylaw No. 7007-2013 on July 23, 2013. First and second reading of OCP Amending Bylaw 7087-2014 and second reading of Zone Amending Bylaw No. 7007-2013 were granted on November 25, 2014. The application was presented at Public Hearing on December 9, 2014 and third reading for both bylaws was deferred on the same date. A number of issues were raised at the Public Hearing, as outlined below: 1.Extension of 207A Street through to 123 Avenue may cause speeding, short-cutting and increased through traffic. 1103 - 2 - 2. Concern regarding vehicles sightlines for westbound traffic at the proposed intersection of 207A Street and 123 Avenue intersection. 3. Concerns with the density of the proposed development. 4. The adequacy of the existing width of 123 Avenue fronting the development to accommodate cyclists. 5. The desire for improved street lighting on this section of 123 Avenue. 6. How the watercourse setbacks were determined. This report addresses the applicant’s response to issues 1 to 5. The report also clarifies how the watercourse setbacks were established. 1. 207A Street Extension Residents expressed concern about potentially negative impacts of 207A Street being used as a route between Dewdney Trunk Road and 123 Avenue by non-local traffic. In their report the traffic consultant states that in their view the characteristics of the existing and proposed local road coupled with proposed traffic calming measures and existing turn restrictions at Dewdney Trunk Road would not make this an attractive through route for non-local traffic. It is noted that traffic calming measures may be considered along the existing portion of 207A Street but this would entail a public process with the residents to determine support for the appropriate measures in accordance with the City’s Traffic Calming Policy. 2. 207A Street and 123 Avenue Intersection Safety and 123 Avenue Sightlines At the Public Hearing concerns were raised regarding the safety of the proposed 207A Street and 123 Avenue intersection in relation to the road profile further east on 123 Avenue. The traffic consultant states in their report that upon evaluation the sight distances are adequate and in accordance with the Transportation Association of Canada’s Geometric Design Guide. In response to previous concerns from residents the City has already completed traffic counts at various locations along 123 Avenue and is commencing a traffic calming initiative for the 123 Avenue corridor from 203 Street east to 216 Street. 3. Density Another area of concern expressed at the December 9, 2014 Public Hearing was the density of the proposed development, including the total number of proposed lots, the size of the proposed lots, and the requested lot variances for lot dimensions and front and rear setbacks. The proposed variances to lot depth and front and rear setbacks have been requested in order to maximize the environmental setbacks for the subject property. After consideration of these concerns the applicant has indicated that as the application complies with the OCP they wish to proceed with the original subdivision layout, lot yield, and requested variances. As outlined in the second reading report dated November 17, 2014, the proposed R-1 (Residential District) complies with the Major Corridor Infill Policies of the OCP. The surrounding area currently includes a broad range of single family and multi-family zones ranging from RS-3 (One Family Rural Residential) to RM-3 (High Density Apartment). It is noted that development variances are considered under a separate application to the rezoning application, and approval of each of the variances requested is at the discretion of Council. Should - 3 - requested variances not be approved at the time of final rezoning consideration, the applicant would need to revise their subdivision layout accordingly. 4. 123 Avenue Cycling Facilities The developer is seeking a variance on the widening of 123 Avenue fronting the development. The applicant proposes that for the portion of 123 Avenue fronting the development there be an off- street cycling pathway that would accommodate cyclists through this section of 123 Avenue. Cyclists would have the option to stay on the 123 Avenue roadway if they felt comfortable, or transition from the on-road shared use facility to the off-street multi-use facility, and back on to the roadway at the other side. This could be accommodated on both sides of 123 Avenue. On 123 Avenue west of the development there is parking on both sides of the street with 3.4m travel lanes, while to the east there is parking only on the north side of 123 Avenue that allows for lanes of 4.3m as per the standard for shared use facilities. The City is undertaking the re -design of 203 Street and as part of that exercise it would be timely to integrate the consideration of cycling facilities for the section of 123 Avenue from the development property west to 203 Street. The City’s Strategic Transportation Plan includes a Bicycle Network that is comprised of a network of bicycle routes throughout the City that were identified and proof-ridden by the City’s Bicycle Advisory Committee. 123 Avenue is noted as a neighbourhood bike route which is classified as a 4.3m wide shared facility. The existing roadway both east and west of the development property is not wide enough to accommodate on-street parking (even on one side) and separated bicycle lanes. The implementation of separated bike facilities would require the elimination of all on-street parking along the 123 Avenue corridor. Widening the roadway fronting the development would also require the reconstruction of the existing curb and sidewalk along with roadway widening for approximately 75m either side of the development. 5. Improved Street Lighting The desire for better street lighting and general safety on 123 Avenue was noted at the Public Hearing. There are currently two Hydro-lease lights fronting the development property which would be replaced by four new street lights, appropriated spaced along 123 Avenue to increase visibility and improve safety for all users, should the development proceed. 6. Watercourse Setbacks The question was raised as to how the watercourse setbacks were established. Watercourse protection is evaluated by a Qualified Environmental Professional based on the context of the entire subject property as well as environmental conditions in surrounding areas. In this case, additional park dedication (450 m2, 4,844 ft2) beyond the required setback distance is included in the southern portion of the subject property to offset setback reductions in the northern portion. Furthermore, the applicant provided significant additional habitat enhancement and compensation measures including significant native species re-planting efforts, higher stormwater design standards, and measures for the preservation of unique specimen trees on the subject property that were located outside of watercourse setback areas. The Environmental Impact Assessment submitted by the applicant concludes that there is a net benefit to the riparian habitat and ecological - 4 - health as a result of the proposed dedication to the City and accompanying enhancement of the same area. Final setbacks comply with current federal and provincial environmental legislation. Overall, the proposed environmental preservation measures, mitigation efforts, and enhancement efforts will result in an overall net benefit to fish habitat and greatly exceeds that which has occurred in the past along McKenney Creek. ADDITIONAL PUBLIC HEARING INFORMATION If Council is satisfied with the additional information provided by the applicant, staff recommends that application 2013-041-RZ be forwarded to a second Public Hearing. Upon advisement of the City’s solicitor, the revisions to the traffic study by the applicant constitute new information, and as such, should be made available to the public for review through the Public Hearing process. CONCLUSION: This report provides further information to the issues raised at Public Hearing on December, 9, 2014. A second Public Hearing is required in regards to Bylaws 7087-2014 and 7007-2013 prior to consideration of third reading. “Original signed by Amelia Bowden” ___________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Second Reading Report dated November 17, 2014 Appendix C – Revised Traffic Report City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Jul 12, 2013 2013-041-RZ BY: JV 20738-123 Ave CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT Subject Property ´ Scale: 1:2,500 APPENDIX A City of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 17, 2014 and Members of Council FILE NO: 2013-041-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7087-2014 and Second Reading Zone Amending Bylaw No. 7007-2013 20738 123 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to R-1 (Residential District), to permit a future subdivision of 21 single family lots no less than 371 m2 (3993 ft2) in area. The proposed R-1 (Residential District) zoning complies with the Official Community Plan; however, an Official Community Plan amendment is required to adjust the area designated Conservation around two watercourses located on the subject property. This application received first reading for Zone Amending Bylaw No. 7007-2013 on July 23, 2013. RECOMMENDATIONS: 1.That in accordance with Section 879 of the Local Government Act opportunity for early and on- going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7087-2014 on the municipal website and requiring that the applicant host a Development Information Meeting, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2.That Maple Ridge Official Community Plan A mending Bylaw No. 7087-2014 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3.That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 7087- 2014 is consistent with the Capital Expenditu re Plan and Waste Management Plan; 4.That Maple Ridge Official Community Plan Amending Bylaw No. 7087-2014 be given first and second readings and be forwarded to Public Hearing; 5.That Maple Ridge Zone Amending Bylaw No. 7007-2013 be given second reading, and be forwarded to Public Hearing; and APPENDIX B - 2 - 6. That the following terms and conditions be met prior to final r eading: i. Approval from the Ministry of Transportation and Infrastructure ; ii. Amendment to Official Community Plan Schedules "B" and “C”; iii. Road dedication as required; iv. Park dedication as required ; v. Registration of a geotechnical report as a Restrictive Covenant at the Land Title Office which addresses the suitability of the site for the proposed development; vi. Registration of the Archeological Report, prepared by Antiquus Archeological Consultants Ltd., dated October 17, 2014 , with the Ministry of Forests, Lands and Natural Resource Operations, Archeological Branch; vii. Removal of the existing building s; and viii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks . DISCUSSION: a) Background Context: Applicant: DAMAX Consultants Ltd. Owner: Marian Mussallem Legal Description: Lot 5 Except: Firstly: The East 100 feet; Secondly: Part Subdivided by Plan 17056; Thirdly: Part Subdivided by Plan 26346; District Lot 241 Group 1 New Westminster District Plan 1750 OCP: Existing: Urban Residential and Conservation Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: R-1 (Residential District) - 3 - Surrounding Uses: North: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Urban Residential, Conservation South: Use: Single Family Residential Zone: RS-1b (One Family (Medium Density) Residential) Designation: Urban Residential East: Use: Conservation Zone: RS-3 (One Family Rural Residential), RS-1 (One Family Urban Residential) Designation: Conservation West: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Urban Residential, Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 3.03 hectares (7.4 acres) Access: 207A Street Servicing requirement: Urban Standard Companion Applications: 2013-041-SD, 2013-041-DP, 2013-041-VP b) Project Description: The applicant proposes to rezone the subject property to allow for future subdivision into 21 single family lots. The lots will be accessed from an extension of 207A Street, which currently terminates at the site’s southern property line. The two areas of McKenney Creek riparian setbacks are proposed to be dedicated through the rezoning process for conservation purposes, and will expand the existing municipally owned conservation land on the east side of the site. As part of the environmental compensation works to offset the reduction in watercourse setbacks, the applicant has proposed to created an enhanced bioswale and rain garden feature on the west side of 207A Street in a dedicated park area. Bioswales will also be located with the 207A Street road right of way to provide biofiltration of road run-off. Due to the watercourse setbacks on both the east and west side of the subject property, the applicant has requested development variances to the road right-of-way width, and the lot depth and building setbacks for some lots. 123 Avenue is not anticipated to be widened with this application. The Engineering Department is in support of keeping the 123 Avenue right-of-way at its current width so that there is no further impact to the two branches of McKenney Creek. - 4 - c) Planning Analysis: Official Community Plan : The development site is located within the Urban Area Boundary and is currently designated Urban Residential and Conservation. For the proposed development, an OCP amendment will be required to adjust the Conservation area boundary. The subject property fronts 123 Avenue, identified as a Major Corridor in Figure 4, Appendix E of the OCP. There are a range of development options that comply with Major Corridor Residential Infill policies subject to neighbourhood compatibility and context. Major Corrido r residential infill options are described in Policy 3-20, as follows: 3 - 20 Major Corridor Residential Infill developments must be designed to be compatible with the surrounding neighbourhood and will be evaluated against the following criteria: a) building forms such as single detached dwellings, duplexes, triplexes, fourplexes, townhouses, apartments, and small lot intensive residential developments subject to Policy 3-21; b) a maximum height of two and one-half storeys with an emphasis on ground oriented units for all developments except for apartments; c) a maximum height of four storeys for apartments; and d) adherence to Development Permit Guidelines for multi-family and intensive residential developments as outlined in Chapter 8 of the Official Community Plan. The subject property is bounded to its north by 123 Avenue. The designated conservation lands effectively buffer the established large lot single family developments to the east and west of the subject property. The proposed development is immediately adjacent to the existing residential developments to its south, and therefore compatibility with this development pattern is the most critical. The existing development immediately south of the subject site consists of both RM-1 (Townhouse Residential) and RS-1b (One Family Urban (Medium Density) Residential) zoned land. The densities of the proposed R-1 (Residential District) zone will therefore bridge this gap, providing higher density than the RS-1b (One Family Urban (Medium Density) Residential) zoned properties, but significantly lower density than the RM-1 (Townhouse Residential) zoned site. In addition, the applicant has proposed a variety of lot widths throughout the site ranging from 12 m to 20 m (39 to 66 ft). This mix of lot widths will help provide variety in the streetscape, as 207A Street is extended further north. Additionally, the proposed lot configuration mimics the subdivision layout to the south to fit with the existing pattern of development in the area. Based on these considerations as outlined above, the proposed development is consistent with the Major Corridor Residential Infill policies of the Urban Residential designation. - 5 - Zoning Bylaw: The current application proposes to rezone the property located at 20738 123 Avenue from RS-3 (One Family Rural Residential) to R-1 (Residential District) to permit future subdivision into approximately 21 single family lots. The applicant is seeking development variances to the zoning bylaw, as outlined in the subsequent section. Proposed Variances: The applicant has requested the following variances to the Subdivision and Development Servicing Bylaw No. 4800-1993, and the Maple Ridge Zoning Bylaw No. 3510 -1985: 1. Subdivision and Development Servicing Bylaw No. 4800-1993, Schedule B, to reduce the 123 Avenue collector road right-of-way from 20 m (66 ft) to 16 m (52.5 ft); 2. Subdivision and Development Servicing Bylaw No. 4800-1993, Schedule B, to reduce the 207A Street local road right-of-way from 18 m (59 ft) to 16.5 m (54 ft); 3. Maple Ridge Zoning Bylaw No. 3510-1985, Part 6, Section 601, 11 (b) to increase the maximum permitted height from 9 m (29.5 ft) to 11 m (36 ft); 4. Maple Ridge Zoning Bylaw No. 3510-1985, Schedule ‘D’, to reduce the lot width from 24 m (78.7 ft) to 22 m (72 ft) for lots 1-3 and 17-21; 5. Maple Ridge Zoning Bylaw No. 3510-1985, Part 6, Section 601, C. 11 (c) (i), to reduce the front yard setback from 5.5 m (18 ft) to 3 m (10 ft) for lots 1-5 and 17-21; 6. Maple Ridge Zoning Bylaw No. 3510 -1985, Part 6, Section 601, C. 11 (c) (ii), to reduce the rear yard setback from 8 m (26 ft) to 6 m (19.7 ft). The requested variances will be the subject of a future report to Council. Development Permits: Pursuant to Section 8.9 of the Official Community Plan, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of the watercourse and riparian areas. Development Information Meeting : A Development Information Meeting was held on December 11, 2013 at Laity View Elementary School. Approximately 30 residents attended the meeting. A summary of the comments and discussions with the attendees was provided by the applicant and include the following: - 6 - 1. Increase in parking demand and traffic volume as a result of the new lots. 2. Impact of 207A Street connecting to 123 Avenue (increase in traffic and shortcutting on 207A Street) 3. The existing 123 Avenue is narrow along the development site, which resul ts in speeding and is a concern for cyclists. 4. Preservation of environmentally sensitive areas on the development site (ie: watercourses). 5. Impact of development on wildlife corridors and wildlife that use or inhabit area. 6. Impact of tree removal on remaining surrounding trees (ie: blowdown and windfirm concerns). The following are provided in response to the issues raised by the public: 1. The applicant has provided a traffic impact assessment indicating the anticipated increase in traffic volume as a result of the proposed development is 25 vehicles. 2. The increase in traffic and the estimated number of short cut trips is approximated to fall within the 60-100 vehicle per hour (vph) capacity for a local residential street. 3. The Engineering Department is in support of maintaining the existing road right-of-way width on 123 Avenue although it is less that the standard for a collector road. A Development Variance Permit is required. The narrower road right-of-way is to reduce the impact on McKenney Creek, which has two tributaries that cross 123 Avenue in this location. 4. The eastern and western portions of the subject property will be dedicated as park for conservation purposes, including the McKenney Creek tributaries and their adjacent riparian setback areas. 5. The linear park dedication will allow for wildlife corridors. 6. Numerous trees will be preserved due to the park dedication. An arborist report will identify hazard trees that need to be removed prior to subdivision approval. d) Environmental Implications: The applicant has submitted an Environmental Assessment and an Environmental Impact Assessment prepared by Letts Environmental Consultants Ltd. The Environmental Assessment report explains that two branches of McKenney Creek are located on or adjacent to the subject property. Fish are known to utilize the east branch only. A review of the Environmental Assessment Report has determined that a 30 metre (98 ft) setback would severely limit development potential on the subject property. Additionally, the land use history of the surrounding properties, and their lack of riparian corridor width continuity due to earlier developments have decreased the environmental sensitivity. Therefore, the applicant has proposed a variance to the setback requirement from 30 metres (98 ft) to a variable setback of 12 to 15 metres (39 -49 ft) on the west side watercourse and a variable setback of 15 to 22.5 metres (49- 73.8 ft) on the east side watercourse. - 7 - In exchange for the watercourse setback relaxations, the applicant has submitted an Environmental Impact Assessment outlining additional compensation measures to off-set the setback variances from both a qualitative and quantitative perspective. From a qualitative perspective, Letts Environmental Consultants Ltd. has noted that all setback areas currently void of trees or shrubs will be re-vegetated in order to improve and enhance the functional role of riparian zones and diversify plant species. From a quantitative perspective, the subdivision layout has been designed to provide additional park dedication areas over and above 15 metres (49 ft) from the top of bank on the west side and 18.75 metres (61.5 ft) from the top of bank on the east side (the average of a 15 to 22.5 metre (49-73.8 ft) setback). In total, 18,578 m2 (4.6 acres) of land will be dedicated for conservation purposes from the subject property. Based on a quantitative assessment of environmentally sensitive areas gained and lost for park dedication and land development respectively, Letts Environmental Consultants has determined that there is a net gain of 611 m 2 (2004 ft2) in area for environmentally protected land. A Local Area Service Bylaw is required prior to subdivision approval to ensure an ongoing maintenance budget is established for stormwater management bioswales and rain gardens both within the road right-of-way and along a portion of the park boundary. e) Traffic Impact: As the subject sites are located within 800 metres (2,624 ft2) of the Lougheed Highway, a referral has been sent to the Ministry of Transportation and Infrastructure. Ministry approval of the Maple Ridge Zone Amending Bylaw No. 7007-2013 will be required as a condition of final reading. At this time, the Ministry has granted preliminary approval of the development application. Additionally, the applicant has submitted a Traffic Impact Assessment prepared by BWW Consulting. The report responded to the impact of the 207A Street extension north to 123 Avenue. The report states that the existing two-way traffic volume for the evening peak hour in the vicinity of 207A Street and 120B Avenue is currently 30 vehicles per hour. The proposed development traffic, combined with anticipated through-traffic which results from the 207A Street connection, is 70 vehicles per hour at the evening peak time. This is the busiest volume expected along 207A Street, due to the multi-family land uses and the proximity to Dewdney Trunk Road. North of 120B Avenue, where land use is single family in nature and vehicles are less likely to use Dewdney Trunk Road, traffic volume may be as low as 35 vehicles per hour during the evening peak hour. The peak evening traffic volume after the proposed development falls within the typical volume range for local residential streets, which is 60-100 vehicles per hour. f) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the development application and has advised that all required off-site services exist; therefore, a Rezoning Servicing Agreement is not necessary. The existing 123 Avenue road right-of-way is less than the collector road standard. However, the road has been fully constructed with concrete curb, gutter, and sidewalk within a narrow right-of-way to - 8 - minimize the impact on McKenney Creek. As a result, the Engineering Department is in support of a Development Variance Permit to keep the right-of-way as it is. g) Intergovernmental Issues: Local Government Act: An amendment to the Official Community Plan requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. The amendment required for this application, to adjust the Conservation boundary, is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and is determined to have no impact. Archaeological Issues : The District of Maple Ridge received a letter from Susan Miller, Katzie First Nation Chief, in December 2013. The Katzie First Nation has identified that the development of the subject property is of concern to them because the property is located approximately 700 metres from a previously recorded archaeological site (DhRp-52). Furthermore, the subject property is located on the same landform and is adjacent to McKenney Creek, which flows through archaeological site DhRp-52. The Katzie Chief and Council requested the following measures in the December 2013 letter: 1. A summary of upcoming plans for the property; 2. A meeting with the District of Maple Ridge to address Katzie First Nations’ concerns; 3. That a professional archaeologist is hired to determine whether a site is present; and 4. That the professional archaeologist contact Katzie First Nation directly. As a result of this correspondence, the District of Maple Ridge has provided development plans of the subject property, and has met with representatives from the Katzie First Nation. The applicant has hired Antiquus Archaeological Consultants Ltd., a professional archaeology firm, to review the subject property. Discussions have subsequently taken place between Antiquus Archaeological Consultants Ltd. and the Katzie First Nation, as requested in the December 2013 letter. Site work was conducted between September 22 and 26 under Archaeology Branch Permit No. 2014-0267. A total of 294 shovel tests where conducted at 5 to 10 metre (16-32.8 ft) intervals throughout the central portion that is proposed to be developed with single family homes and a connecting road. The Archaeological Impact Assessment concluded that no buried pre-contact period archaeological cultural deposits or features were identified within the proposed subdivision impact zone. - 9 - CONCLUSION: It is recommended that first and second reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 7087-2014, that second reading be given to Maple Ridge Zone Amending Bylaw No. 7007-2013 and that application 2013-041-RZ be forwarded to Public Hearing. "Original signed by Amelia Bowden" _______________________________________________ Prepared by: Amelia Bowden Planning Technician "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – OCP Amending Bylaw No. 7087-2014 Appendix C – Zone Amending Bylaw No. 7007-2013 Appendix D – Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Nov 13, 2014 FILE: 2013-041-RZ BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT 123 AVE SUBJECT PROPERTY ´ Scale: 1:4,000 20738 123 AVENUE CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 7087-2014 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "B" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7087-2014 2.Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 5 EXCEPT: FIRSTLY: The East 100 Feet; SECONDLY: Part Subdivided by Plan 17056; THIRDLY: Part Subdivided by Plan 26346; District Lot 241 Group 1 New Westminster District Plan 1750 and outlined in heavy black line on Map No. 882, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended as shown. 3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot 5 EXCEPT: FIRSTLY: The East 100 Feet; SECONDLY: Part Subdivided by Plan 17056; THIRDLY: Part Subdivided by Plan 26346; District Lot 241 Group 1 New Westminster District Plan 1750 and outlined in heavy black line on Map No. 884, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4.Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ A FIRST TIME the day of , 20 . READ A SECOND TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED, the day of ,20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER 12253 2063620679 12157 12206 12170 2078012323 2080412334 12217 2080412229 12315 12266 2067012200 12194 12210 207901231320798 12201 12250 12335 12259 12269 12330 12340 12350 12250 2061612169 12179 12203 207212079612322 2087312196 1225820828 12313 12360 12166 12194 20629206502063912193 12312 12163 2083512279 20616206192064820680 2066012199 20770207852079212187 12209 12220 12341 2083212303 12237 12180 12276 2062620649207382079712227 12267 12228 12150 12320 20630206381220920713 12146 20765 2082012174 12307 12325 12208 206222062112158 12182 2078812239 12255 12261 12186 12238ROAD 207A ST.SKILLEN ST.206 ST.206 ST.T YN ER AVE . 1 2 3 B AVE . 27 15 14 P 264 61 A 1 P 16 21 17 PARK LM P 116 57 Rem 3 1 12 10 363 Rem LM P 799 3 Pcl 'A' 21 19 161 162 LMP 764 2 16 19 16P 264 61 P 1139 2 T L C 15 P 258 66 20 30 31 P 1908716 9 4 P 49416S 10 0' 5 LM S U P 170 56 E P 7329010 13 24 19 P 20375P 652 04 P 5347515 14P 62822P 1683069 22 18P 4941613 P 179 97 D P 1139 2 *Rem Rem 14 LM P 701 5 P 73290PARK Rem 5 18 P 73290P 130 81 17 P 17997S LM P 426 97 G 1 32 11 14 24 P 258 66 4 NWS 2038Rem . 50 68 163 I P 77160N K F P 729 78NWS 268 6P 2634623 51 P 19087364 RemRP 172 73 17 165 13 17 P 179 97 O J R Q LM P 722 9 12 15 22 168 167 1527 18 M 18 P 175 0 23 LM P 312 87 LM P 668 7 P 652 04 2 13P 19087169 166 164 RW 82431RW 82433EP 72352EP 46487RP 65205EP 66386LM P 7016 C57267 EP 67161RW 72980EP 47468 L M P 1 2 3 3 5 LM P 7526 E P 4 9 4 2 4 EP 77161 LM P 6857 LM P 6729 EP 73291 SKILLEN ST.´ Byla w No. Ma p No. Fro m: To: Urba n R esident ia l Conse rvation 708 7--2 01 4882 1:2,5 00 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING 12253 2063620679 12157 12206 12170 2078012323 2080412334 12217 2080412229 12315 12266 2067012200 12194 12210 207901231320798 12201 12250 12335 12259 12269 12330 12340 12350 12250 2061612169 12179 12203 207212079612322 2087312196 1225820828 12313 12360 12166 12194 20629206502063912193 12312 12163 2083512279 20616206192064820680 2066012199 20770207852079212187 12209 12220 12341 2083212303 12237 12180 12276 2062620649207382079712227 12267 12228 12150 12320 20630206381220920713 12146 20765 2082012174 12307 12325 12208 206222062112158 12182 2078812239 12255 12261 12186 12238ROAD 207A ST.SKILLEN ST.206 ST.206 ST.T YN ER AVE . 1 2 3 B AVE . 27 15 14 P 264 61 A 1 P 16 21 17 PARK LM P 116 57 Rem 3 1 12 10 363 Rem LM P 799 3 Pcl 'A' 21 19 161 162 LMP 764 2 16 19 16P 264 61 P 1139 2 T L C 15 P 258 66 20 30 31 P 1908716 9 4 P 49416S 10 0' 5 LM S U P 170 56 E P 7329010 13 24 19 P 20375P 652 04 P 5347515 14P 62822P 1683069 22 18P 4941613 P 179 97 D P 1139 2 *Rem Rem 14 LM P 701 5 P 73290PARK Rem 5 18 P 73290P 130 81 17 P 17997S LM P 426 97 G 1 32 11 14 24 P 258 66 4 NWS 2038Rem . 50 68 163 I P 77160N K F P 729 78NWS 268 6P 2634623 51 P 19087364 RemRP 172 73 17 165 13 17 P 179 97 O J R Q LM P 722 9 12 15 22 168 167 1527 18 M 18 P 175 0 23 LM P 312 87 LM P 668 7 P 652 04 2 13P 19087169 166 164 RW 82431RW 82433EP 72352EP 46487RP 65205EP 66386LM P 7016 C57267 EP 67161RW 72980EP 47468 L M P 1 2 3 3 5 LM P 7526 E P 4 9 4 2 4 EP 77161 LM P 6857 LM P 6729 EP 73291 SKILLEN ST.´ Byla w No. Ma p No. Purpose:To Add a s C onse rvation to Schedule C 708 7--2 01 4884 1:2,5 00 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 7007-2013 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. 7007-2013." 2.That parcel or tract of land and premises known and described as: Lot 5 Except: Firstly: The East 100 feet; Secondly: Part Subdivided by Plan 17056; Thirdly: Part Subdivided by Plan 26346; District Lot 241 Group 1 New Westminster District Plan 1750 and outlined in heavy black line on Map No. 1591 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 23rd day of July, 2013. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 APPROVED by the Ministry of Transportation and Infrastructure this day of , 20 RECONSIDERED AND FINALLY ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 12253 2063620679 12157 12206 12170 2078012323 2080412334 12217 2080412229 12315 12266 2067012200 12194 12210 207901231320798 12201 12250 12335 12209 12259 12269 12330 12340 12350 12250 2061612169 12179 12203 207212079612322 2087312196 122582082812360 12166 12194 20629206502063912193 12312 12163 2083512279 12335 20616206192064820680 2066012199 207702079212187 12209 12220 1223720575 12180 12276 20626206492073812227 12267 1222820581 12150 12320 20630206381220920713 12146 2082012174 12325 12345 12355 12208 206222062112158 12182 2078812239 12255 12261 12186 12238ROAD 207A ST.SKILLEN ST.206 ST.206 ST.T YN ER AVE . 1 2 3 B AVE . 27 LMP 124 26 15 14 P 264 61 A 1 P 16 21 17 PARK LM P 116 57 Rem 3 1 12 10 363 Rem LM P 799 3 Pcl 'A'161 162 26 LM P 764 2 16 19 16P 264 61 P 1139 2 T L C 15 P 258 66 20 30 31 P 1908716 9 4 P 49416S 10 0' 5LMP 15767LM S U P 170 56 E P 7329010 13 24 19 P 20375P 652 04 P 5347515 14P 62822P 16830P 4941613 P 179 97 D P 1139 2 *Rem Rem 14 LM P 701 5 9P 73290Rem 5 18 P 73290228 P 130 81 17 P 17997S LM P 426 97 G 1 32 11 14 24 P 258 66 4 NWS 2038Rem . 50 163 I P 77160N K F P 729 78NWS 268 6P 2634623 51 P 19087364 RemRP 172 73 165 13 17 P 179 97 O J R Q LM P 722 9 12 15 22 168 167 12 B A1527 18 M 18 P 175 0 23 LM P 312 87 LM P 668 7 P 652 04 2 13P 19087169 166 164 RW 82431RW 82433EP 72352EP 46487RP 65205EP 66386LM P 7016 C57267 EP 67161RW 72980EP 47468 L M P 1 2 3 3 5 LM P 7526 E P 4 9 4 2 4 EP 77161 LM P 6857 LM P 6729 EP 73291 SKILLEN ST.´ SCALE 1:2 ,50 0 MAPLE RIDGE ZONE AMENDINGBylaw No. Ma p No. Fro m: To: RS-3 (One Fa mily R ural Residential) R-1 (Res ide ntial D is trict) 700 7-20 131591 SCALE 1:1000 123rd Avenue �$ bB �glffi 'x J 3r3 g'�n``pY 'Y rn 1N M1yM1 o 1 o 21 i 4 5 M J m2 .na m2 § �I ° Tm ;mi�v ,p x �.��� 3751 m2 J77., m2ri�ti 4 I M1 ,c ii PA • 3 • 'm19 ;PARK i 376.5 m2 ( '1 m2 / � f 371.4 m2• 18 er 37I./ m2 5 Rem 155n a+` 5.OM LIMIT BANK ZONES $ t 7 J71.3 j FINAL REHABILITATED gars RIPARIAN BUFFERS 16! BIOFILTRATION SYSTEM 1;a pry 36 ;= mzmzii� a Y 15 Park PARK` ( �4 2 Fi / s27.12€ 22 12 �z .naa mz m.2 mz 10'� La MRa , , � ,} .ms M2 ARK i t tip j2 l� �ai o ;o m � 371.3,,,z i/ at �i xr;x �azR11V mill�a kjx m2m2ILI // f'a APPENDIX C BWW CONSULTING These volumes are within the general range of expected volumes on local residential streets — 60 to 100 vph. The 207A Street Extension will provide alternative access and connectivity for the neighbourhood for the following: alternative access for residents; another emergency access route; new school routing to the elementary school at 123 Avenue and 210 Street; and an alternative route for drivers to avoid the southbound left turn at 206B Street / DTR. 3. Traffic Calming Option Installation of some traffic calming elements would further reinforce the local street character. Consideration could be given to the installation of corner bulges on 207A Street at each end — at DTR and at 123 Avenue. Bulges on each side of 207A Street would reduce the pavement width at the throat to say 6.4 metres (or per Maple Ridge standards). Also, it may be appropriate to add bulges on 207A Street at the 120B Avenue intersection — providing a physical and visual width reduction. The traffic calming location plan is shown in Appendix C. 4. 123 Avenue —Capacity and Safety The question of the capacity and safety of 123 Avenue after the increase of homes with this development application has been raised. The following outlines further details in response: Capacity: 123 Avenue is operating as a through street from 203 Avenue east. It is a two lane road with a single traffic lane in each direction separated by a yellow line. The capacity of this type of street is 500 to 700 vehicles per hour (directional) subject to the type of control at any major intersection. The existing peak hour directional volumes on 123 Avenue near 207A are in the order of 200 to 400 vehicles per hour. If all the traffic from the existing houses and the new houses went to and from 123 Avenue only, the additional volume would be between 50 to 60 vehicles with an eastbound -westbound split which would mean an additional directional volume of 25 to 35 vehicles. In reality the added volume on 123 Avenue might be half or 15 to 20 vehicles. In summary, there is more than enough available capacity to handle the likely additional traffic on 123 Avenue. — Safety.' Concern has been raised about the vertical geometry of 123 Avenue near the proposed 207A intersection. The available sight distancesz from 207A Street to the west and to the east are in excess of 200m and 170m respectively (per the sketch provided by Damax Consultants Ltd. — see Appendix D). The required sight distances fora 50 km/h speed are as follows: o Decision sight distance: 160m o Stopping sight distance: 85 m o Sight distance for a north to west turning vehicle to not cause a westbound vehicle to slow excessively: 125m to 160m. Therefore, the sight distances are adequate for the proposed new intersection. z Transportation Association of Canada (TAC), Geometric Design Guide for Canadian Roads anuary 12, 2015 2 BWW CONSULTING; 5. Bicycle lanes on 123 Avenue It is understood that the City is presently considering bike lanes on 123 Ave independent of this development. As part of this project, the Developer proposes to add a bike lane fronting the property on the south side of 123 Avenue. New street lighting will also be provided as part of the development and will improve visibility at the new intersection. The proposed layout is shown in Appendix E. 6. Future Traffic at the intersection of 123 Avenue and 207A Street The future volumes at 123 Avenue / 207A Street have been estimated based on existing traffic with project traffic. Some rerouting by existing residents has been included (to avoid having to turn left onto DTR at 206B Street). No southbound left turns are allowed at the intersection of 207A Street and DTR. A limited amount of background through traffic has been included on 207A Street (207A will not be a very attractive through route because of the width, on -street parking, bulges, etc.). The outbound and inbound traffic routing is shown in Appendix F1 and F2 respectively. The future volumes for the a.m. and p.m. peak hour are shown below and on the right are the a.m. peak hour volumes counted in September 2013 at 123 Avenue and 210 Street. 225 15 2105 20 10 207A a.m. peak hour 220 123 Ave 15 375 5 15 30 207A p.m. peak hour 185 65 155 25 35 40 210 a.m. peak hour The intersection operating conditions based on the above volumes are shown below for the intersection of 207A Street / 123 Avenue. Level of Service Movement a.m. p.m. Eastbound A A Westbound A A Northbound C C The intersection will operate at an acceptable level of capacity. January 12, 2015 3 BWW CONSULTING Conclusions: 1. The 207A Extension design has the following characteristics: The pavement width is proposed as 8.6m which is consistent with the current width. Traffic volumes in the p.m. peak are predicted to be within local road standards between 60 to 100 vehicles per hour. Additional connectivity and emergency access will be provided for the neighbourhood. Traffic calming is proposed along the length of the street to discourage through traffic. 2. 123 Avenue has sufficient capacity to carry the additional project volumes. 3. The analysis indicates that the proposed intersection of 207A Street / 123 Avenue has sufficient sight distance as per standards and operates at an acceptable level of capacity. 4. The only negative aspect of the extension is the possible use of 207A Street as a route between DTR -123 or 123 — DTR by non -local traffic. The proposed road design and traffic calming measures will discourage this movement. Recommendation: Overall, it is recommended that extending 207A Street to 123 Avenue has significant benefits with little or no dis-benefits. The Developer will be providing the following improvements as part of the project: construction of 207A Street Extension; a bike lane on the south side of 123 Avenue fronting the project; street lighting along the south side of 123 Avenue fronting the project; and traffic calming along the full length of 207A Street from 123 Avenue to DTR. Yours truly, Brian W. Wallace PEng �WW COlJSIILTiNG January 12, 2015 4 -�--- __-��, I AP P EN D IX A 1 ,a. .. o � 1 ;:,. N � _ , ��. �: T• A ,._ �,---rr�v�_ - - _ �-� -�� 1� ; r,;�; - i �� �I I pl f-^-;;,� � >vl i ��'� ���� i _--. "�-�.., 1 I CCC-"" `7 _ - 1--,..._! - - �I � �� � '� i .� � � C I _�-1-!_I _l. _. _ � - �_ � �� y f i ; j � 1 I ; Y � C i !'- !'- r [ 1 � -� [ � ! � 1 ! i-•--i---4 - _....ice..-��� i� ` i !- 6 _- n• e t i i [ a IImp II4IwmI_! I-111+ OW f m 0 F j damax consultants Itd 103-1600 west 6 ave vancouver be v6j 1 r3 t. 224•-6827 f. 689-3880 V b � P x 0 olp damax consultants Itd. 103-i 60o west sth ave. vancouver, b.c. v6j 1 r3 tel.604 224 6827 damaxC telus.net E7vpjo!% "rv-,AS4 A 5 • South to East left turn prohibited at 207A/DTR; adds traffic to movement 1; low capacity; self-limiting; likely delays in peak periods • With 207A extended to 123, east -oriented traffic has an easier route (3); use 123 east then down to DTR at a N/S thru street; e.g. Laity • Reduces demand on route 1; hence volume reduction on 206B • Traffic from new residents would use 207A to 123 (3) or to DTR (2); no need to use 206B. 123 e e R • Route 1: existing residents from east • Route 2: new residents from east • Route 3: new and existing residents from north-east • Route 4: existing residents from west; not a desirable route (left turn off DTR) but only choice • Route 5: better route for existing & new residents to avoid route 4 ( signal & left turn bay at 203/DTR) City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 19, 2015 and Members of Council FILE NO: 2014-087-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 22710 Dewdney Trunk Road EXECUTIVE SUMMARY: Development Variance Permit application 2014-087-DVP has been received in conjunction with a Development Permit application to construct a two-storey commercial building that will contain a butcher/grocery store on the main level and offices on the second level in the CS-1 (Service Commercial) zone. The request is to vary the building height from 7.7m to 15.2m to accommodate a new commercial building with the appearance of three stories and to vary the front and external side yard setbacks from 9m to 3.77m and from 7.5m to 2.27m respectively. It is recommended that Development Variance Permit 2014--087-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2014-087-DVP respecting property located at 22710 Dewdney Trunk Road. DISCUSSION: a)Background Context Applicant: Fariba Gharaei, Architect AIBC, Urban Design Group Architects Ltd. Owner: Meridian Acquisitions Ltd. Legal Description: Group 1, Except Plan BCP13823, LT A; DL 401; NWD; PL NWP9541 OCP: Existing: Town Centre Commercial Zoning: Existing: CS-1 (Service Commercial) Surrounding Uses: North: Use: Civic Zone: P-6 (Civic Institutional), RS-1 (Urban Residential) Designation: Institutional, Low Rise Apartment South: Use: Commercial Zone: CS-1 (Service Commercial) Designation: Town Centre Commercial East: Use: Retail Zone: CD-5-88 (Town Centre Commercial & Service Commercial) 1000% Designation: Town Centre Commercial, and Low-Rise Apartment 1104 - 2 - West: Use: Retail Zone: CS-1 (Service Commercial) Designation: Town Centre Commercial Existing Use of Property: Vacant (formerly service commercial) Proposed Use of Property: Service Commercial Site Area: 0.217 Hectares (0.54 Acres) Access: 227 Street & Dewdney Trunk Road Servicing requirement: Full Urban Standard Concurrent Applications: 2014-087-DP b) Requested Variances: 1. Maple Ridge Zoning Bylaw No 3510 -1985, (Part 7, Section 708, Number 6 (Size of Buildings and Structures): should be varied from 7.7m to 15.2m to accommodate the roof design that gives the appearance of a three-story building, which is encouraged in the Town Centre Development Permit Area Guidelines in the Official Community Plan. 2. Maple Ridge Zoning Bylaw No 3510 -1985, (Part 7, Section 708, Number 7 (Siting), 7.a and 7.c for): to vary the front setback from 9m to 3.77m, and to vary the exterior side yard setback from 7.5m to 2.27m respectively. c) Project Description: The proposed development is a two-storey building located at the corner of Dewdney Trunk Road and 227 Street in the Downtown East Precinct in the Town Centre. The main entrance is located on the east side of the building with a secondary access on the north side of the building which fronts Dewdney Trunk Road. There is pedestrian access to the site from both Dewdney Trunk Road and 227 Street. The site contains an off-street parking area to the east and rear of the building. The off- street parking area can be accessed through one of two vehicle entries on Dewdney Trunk Road and 227 Street. d) Planning Analysis: The Official Community Plan is the overarching policy document that guides decision on planning and landuse development in Maple Ridge. As part of the OCP, the Town Centre Area Plan provides a finer-grain of landuse policy and objectives for this respective area. In turn, this site is located in the Downtown East Precinct sub-area of the Town Centre which has more specific, localized guidelines which are to: 1. Provide a gateway to the Town Centre. 2. Create a pedestrian-oriented, mixed-use commercial area. 3. Enhance the quality, character and vibrancy of the Town Centre. 4. Capitalize on important views. 5. Provide public outdoor space. - 3 - This site is designated Town Centre Commercial in the Town Centre Area Plan. Typically, such a designation aligns with the C-3 (Town Centre Commercial) zone. This site, however, is zoned CS-1 (Service Commercial) because of its historical use as a gas station. The CS-1 zone permits a range of commercial uses in buildings of less than 7.7m in height. Since the CS-1 zone permits the proposed use of butcher/grocery store no rezoning is required. This is supportable because the Town Centre Area Plan encourages buildings in the Town Centre to be a minimum of three storeys. While the applicant does not need a three-storey building and is not required to build three storeys given the CS-1 zone, they do understand the City’s desire for higher structures in the Town Centre. Therefore, they have proposed a building with a higher roof height and located the building at the corner of Dewdney Trunk Road and 227 Street. To accommodate this application the following variances will be required and are supported, namely: (1) The building height of the CS-1 zone shall be varied from 7.7m to 15.2m, giving the building the massing and scale of a three-storey building. This is supportable because the building gives the impression of being three storeys, which is the desired minimum height for commercial buildings in the Downtown East Precinct. (2) The front yard setback shall be varied from 9.0m to 3.77m. This is supportable because Town Centre Area Plan development objective A3.1 is to Place Buildings to Reinforce Sidewalk Activity. The development objective states a maximum 1.5 metre front yard setback is desirable for ground floor commercial buildings. (3) The external sideyard setback shall be varied from 7.5m to 2.27m to also contribute to increased sidewalk activity, as listed in the rationale in (2) above. The proposed variances are consistent with the objectives in the OCP and the accompanying Development Permit Area Guidelines. Placing the building at the intersection reinforces the streetscape and pedestrian realm. It also ensures most of the vehicular parking and deliveries are screened from the street further enhancing the overall design. These characteristics coupled with the taller building height are thought to enhance the streetscape and pedestrian realm in the Town Centre and lend support to approving the requested variances. e) Interdepartmental Implications: The Engineering Department supports the requested variance of the front setback of 9.0m to 3.77m and the external sideyard setback from 7.5m to 2.27m. This ensures the visual clearance from the northwest building corner to the centre of the intersection at 227 Street and Dewdney Trunk Road is maintained as per the visual clearance requirements outlined in Section 403, (Regulations for the Size, Shape, and Siting of Buildings and Structures (7)(i) of the Maple Ridge Zoning Bylaw No 3510 - 1985). - 4 - CONCLUSION: The applicant has shown how the proposed development can integrate with the Town Centre Area Plan policies to create pedestrian activity and contribute commercial vitality to the Downtown East Precinct of the Town Centre. The proposed variances to vary the building height from 7.7m to 15.2m, the front setback from 9.0m to 3.77m, and the exterior sideyard setback from 7.5m to 2.27m are supported. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2014-087-DVP. “Original signed by Siobhan Murphy” ______________________________________ Prepared by: Siobhan Murphy, MA, MCIP, RPP Planner II “Original signed by Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Site Plan Appendix C – Building Section City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Sep 18, 2014 FILE: 2014-087-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 22710 DEWDNEY TRUNK ROAD APPENDIX A RECEIVING402 SF(37 SM)PRODUCE COOLER17' X 21'FREEZER10' X 14'MEAT COOLER18' X 11'MEAT PROCESSING ROOMDELI SHOWCASECASH DESKMEAT SHOWCASEWRAPPING COUNTERWRAPPINGCOUNTERWRAPPINGCOUNTERPREP TABLEPREP.TABLEPREP TABLESINKSSINKSWRAPPING COUNTERCONVECTIONOVENICEMEATSAWSINKSINKBREADRACKCOOLER6'-1"[1.85m]18'-2" [5.54m]5'-7"[1.70m]6'-6"[1.98m]6'-112"[1.87m]3'-1034"[1.19m]5'-834"[1.75m]4'-0" [1.22m]10'-9"[3.27m]17'-1"[5.21m]4'-0" [1.22m]3'-0" [0.92m]11'-10"[3.61m]COMBIOVEN3'-0"[0.91m]3'-0"[0.91m]7'-3"[2.21m]5'-0"[1.52m]4'-634"[1.39m]6'-7"[2.00m]5'-0"[1.52m]5'-0"[1.52m]5'-0"[1.52m]2'-1034"[0.88m]3'-1"[0.94m]PRODUCE COOLERISLAND FREEZERPRODUCEBINPRODUCETABLEPRODUCETABLEPRODUCETABLEPRODUCETABLEPRODUCETABLEPRODUCETABLEPRODUCETABLEPRODUCEBINPRODUCEBINREFRIGERATED DELI ISLANDDELI DEPARTMENTRETAIL SHELVINGGROCERYSHELVINGGROCERYSHELVINGGROCERYSHELVINGGROCERYSHELVINGGROCERYSHELVINGSTORAGEROOM(DRY STOCK)5'-9"x6'-6"PRODUCEBINCOOLER(FORBEVERAGE& PACKAGEDFOOD)CHECK-OUT LINESHELVINGCASH DESKCHECK-OUT LINESHELVINGREMOTE DAIRY CASEREMOTE PRODUCE CASEPREP.TABLESTOPSTOPDEWDNEY TRUNK ROADADJACENTFIRE STATION227 STEXISTING ALL TURNSSIGNALIZED INTERSECTIONCROSS ACCESSEASEMENT TO BEPROVIDED1.5M (4'-11")LANDSCAPE SETBACKLINE6.0M (19'-8")BUILDING SETBACK LINE9.0M (29'-6")BUILDING SETBACK LINECONC. SIDEWALKCONC. SIDEWALKEXISTING BUS STOP& TRASH CANEXISTINGLIGHT STANDARDSEXISTING POWER POLE7.5M (24'-7")BUILDING SETBACK LINEEXISTING POWER POLECITYSIDEWALKCITY SIDEWALKBC HYDROTRANFORMER1.5M (4'-11")LANDSCAPE SETBACK LINEEXISTINGADJACENTBUILDINGEXISTING POWER POLE TOBE RE-LOCATEDEXISTING FIRE HYDRANT TOBE RE-LOCATEDEXISTING STREET LIGHT TOBE RE-LOCATEDPROPOSEDSITE ACCESSEXISTING GAS SRWPROPOSEDSITE ACCESSEXISTING TREETO BE REMOVEDEXISTING TREE & PLANTINGBED TO BE REMOVEDEXISTING STORM MANHOLETO BE REMOVEDPROPOSEDTREE (TYP.)CONC.SIDEWALKCONC. SIDEWALKLANDSCAPINGLANDSCAPINGPROPERTYLINEPROPERTY LINEPROPERTY LINEPROPERTYLINEEXISTING STORM MANHOLE.LAND.LANDSCAPELANDS.80'-0"[24.38m]FFE = 43.50MEXISTINGTREEEXISTING CURBTO BE REVISED1A4.1PAINTED LINES &LETTERSLOADING ZONELOADING ZONEGARBAGEENCLOSURELANDS.SC SC8'-0"[2.44m]9'-0"[2.74m]15'-6" [4.72m]2'-0" [0.61m]2'-6" [0.76m]8'-0"[2.44m]9'-0"[2.74m]15'-6" [4.72m]2'-6" [0.76m]8'-0"[2.44m]8'-0"[2.44m]LETDOWN (TYP)BIKERACK9'-712"[2.93m]14'-1014"[4.53m]24'-0"[7.32m]12'-412"[3.77m]12'-534" [3.80m]6.08M (19'-11 1/4")PROPOSED BUILDING SETBACK LINE9'-0"[2.74m]9'-0"[2.74m]9'-0" [2.74m]9'-0" [2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]2'-0" [0.61m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]9'-0"[2.74m]19'-1114" [6.08m]19'-1114"[6.08m]LETDOWN (TYP)LINE OFAWNINGOVERHANG,TYP.PAINTEDPATH9'-0"[2.75m]9'-0"[2.74m]15'-6" [4.72m]2'-6" [0.76m]9'-0"[2.74m]8'-8"[2.64m]15'-6" [4.72m]4'-0" [1.22m]24'-0" [7.32m]8'-8"[2.64m]9'-0" [2.74m]9'-0" [2.74m]9'-0"[2.74m]9'-0" [2.74m]8'-8"[2.64m]9'-0" [2.74m]PAINTEDSYMBOLLANDS.LANDS.TREE GRATE13'-6" [4.11m]14'-1034" [4.54m]REINFORCEDCONCRETEAPRON6" STEEL BOLLARDSCSC5'-0" [1.52m]PAINTEDLINE (TYP.)LAND.2'-6" [0.76m]13'-0" [3.96m]SCPROPOSED LOCATION OF BUS STOPSUBJECT TO TRANSIT APPROVAL.6" STEEL BOLLARD,PAINTED BLACK, SEELANDSCAPE DWG.5'-034" [1.54m]BUILDING AGROUND FLOOR AREA = 6,432 SF (598 SM)2ND LEVEL FLOOR AREA = 6,432 SF (598 SM)BUILDING TOTAL FLOOR AREA = 12,864 SF (1196 SM)TOTAL PARKINGPROVIDED = 38 STALLSREDSTAMPEDCONCRETE,HERRING-BONEPATTERN,TYP.RED STAMPEDCONCRETE,HERRINGBONEPATTERN, TYP.PROPOSEDEXTERIORSETBACK2.27 M FROM 7.5M.PROPOSEDFRONTSETBACK3.77 MFROM 9.0M.79'-8"[24.28m]LINE OF ROOF OVERHANG.7'-512"[2.27m]SLOPEMIN 2%ORGANICGARBAGECARDBOARDRECYCLINGREINFORCED CONCRETE APRON5'-6"[1.68m]1'-434" [0.42m]5'-6" [1.68m]14'-1034"[4.54m]13'-834"[4.18m]2'-6"[0.76m]2'-6"[0.76m]3'-0" [0.91m]8" [0.20m]5" [0.13m]7'-0"[2.13m]5" [0.13m]3'-0" [0.91m]1'-4" [0.41m]13'-6"[4.11m]8'-0"[2.44m]21'-6"[6.55m]6" [0.15m]8" [0.20m]8" [0.20m]2" [0.05m]6" [0.15m]6" [0.15m]T/O HSS BEAMEL. 9'-0"T/O PAVEMENTEL. 0'-0"SCALE:1A1.03/32" = 1'-0"DEWDNEY TRUNK ROAD227 ST SCALE:2A1.0NTSSCALE:3A1.11/4"=1'-0"SCALE:4A1.11/4"=1'-0"APPENDIX B APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 19, 2015 and Members of Council FILE NO: 2014-087-DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Development Permit 22710 Dewdney Trunk Road EXECUTIVE SUMMARY: An application has been received for the above noted property to permit the construction of a two- storey commercial building that will contain a butcher/grocery store on the main level and offices on the second level in the CS-1 (Service Commercial) zone. The development site is subject to the Town Centre Development Permit Area Guidelines to address the form and character of this development. There is also an application to vary height and setbacks (2014-087-VP) being considered at the January 5, 2014 Committee of the Whole meeting. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2014-087-DP respecting property located at 22710 Dewdney Trunk Road. DISCUSSION: a)Background Context: Applicant: Fariba Gharaei, Architect AIBC, Urban Design Group Architects Ltd. Owner: Meridian Acquisitions Ltd. Legal Description: Group 1, Except Plan BCP13823, LT A; DL 401; NWD; PL NWP9541 OCP: Existing: Town Centre Commercial Zoning: Existing: CS-1 (Service Commercial) Surrounding Uses: North: Use: Civic Zone: P-6 (Civic Institutional), RS-1 (Urban Residential) Designation: Institutional, Low Rise Apartment South: Use: Commercial Zone: CS-1 (Service Commercial) Designation: Town Centre Commercial East: Use: Retail Zone: CD-5-88 (Town Centre Commercial & Service Commercial) 100% Designation: Town Centre Commercial, and Low-Rise Apartment 1105 - 2 - West: Use: Retail Zone: CS-1 (Service Commercial) Designation: Town Centre Commercial Existing Use of Property: Vacant (formerly Service Commercial) Proposed Use of Property: Service Commercial Site Area: 0.217 Hectares (0.54 Acres) Access: 227 Street & Dewdney Trunk Road Servicing requirement: Full Urban Services Previous Applications: NA b) Project Description: The proposed development is a two-storey building located at the corner of Dewdney Trunk Road and 227 Street with an off-street parking area to the east and rear of the building. The off-street parking area can be accessed through one of two vehicle entries on Dewdney Trunk Road and 227 Street. The applicant has also discussed a cross-access agreement with the property owner of the lot to the east. The main pedestrian entrance is located on the east side of the building with a secondary access on the north side of the building which fronts Dewdney Trunk Road. There is pedestrian access to the site from both Dewdney Trunk Road and 227 Street. The proposed building is a two storey structure with sloped metal roofs accented by gables. The building is finished with CertainTeed siding stained with wood grain and EIFS stucco to create texture to the building. Brick veneer is proposed for the lower half of the building for visual interest and durability. Colorful awnings are planned above the pedestrian areas of the building. c) Planning Analysis: This property is designated Town Centre Commercial on Schedule 1 of the Town Centre Area Plan. The proposed development must conform to the Official Community Plan’s Town Centre Area Plan Development Permit Guidelines. Pursuant to section 8.11 of the Official Community Plan, this proposal will be assessed according to the Development Permit Area Guidelines for the Downtown East Precinct in the Town Centre Development Permit Area. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. A pedestrian scale should be encouraged by the provision of outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts. The following are those development permit area guidelines with particular relevance to this application: 1. Provide a gateway to the Town Centre. 2. Create a pedestrian-oriented, mixed-use commercial area. 3. Enhance the quality, character and vibrancy of the Town Centre. 4. Capitalize on important views. 5. Provide public outdoor space. - 3 - d) Advisory Design Panel The application was presented to the Advisory Design Panel (ADP) on November 12, 2014. The following are the comments from the ADP with the associated action to address the form and character issue:  Comment: Consider specialty paving along 227 Street and Dewdney Trunk Road. o Action: Specialty paving has been added along north, east and west sidewalks.  Comment: Consider increased interest along south façade via screening, canopy or architectural treatments. o Action: Canopies have been added along the south facade to increase the interest and minimize the effect of the blank wall.  Comment: Consider placing a higher priority on the second floor entry. o Action: The interior layout was revised and the lobby length was increased. A double swing glass door has been added for better exposure.  Comment: Consider placement of the north stair and the impact on the first floor glazing. o Action: Stair along the north does not have much of an impact on the first floor glazing. The design of the building has solid corners on all four sides and glazing is added when the required head room clearance on the first floor is reached.  Comment: Consider screen for roof top units where necessary. o Action: The height of the roof deck has been lowered to give more height to cover the roof top units.  Comment: Consider more vibrant tree species. o Action: The Landscape Plan has been revised to include more suitable tree species.  Comment: Consider increased setback or additional screening for garbage area. o Action: The height of the garbage enclosure has been increased by 18” to better screen the bins.  Comment: Consider pedestrian circulation on east entrance for displays and show displays in plan (along full façade). o Action: Display units are 30” wide and have a 9’-7 ½” sidewalk on the east side which allows a clearance of 5’-1 ½” for pedestrian movement. Display units were added on three sides of the building for additional information.  Comment: Consider deleting the two parking stalls at east end of loading area and add additional landscaping. o Action: Bunt and Associates were commissioned to run a truck wheel pad for truck movement in and out of the site. As a result, one parking stall was deleted and a additional landscape island was created in the parking area.  Comment: Allow for a logo element on main façade on north side. o Action: A sign element has been added on the north side. - 4 -  Comment: Consider adding bollards at the northwest corner of 227 Street for pedestrian safety. o Acton: Bollards have been added on the northwest corner. e) Environmental Implications: A Stormwater Management Plan for the site was provided by the applicant. The Planning Department is satisfied the applicant has demonstrated a best level of effort to meet the City’s on-site rainwater and stormwater requirements from an environmental perspective. f) Financial Implications: In accordance with Council’s Landscape Security Policy 6.28, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost of $21,517.65, the security will be $21,517.65. CONCLUSION: As the development proposal complies with the Town Centre Development Permit Area Guidelines of the Official Community Plan for form and character, it is recommended that 2014-087-DP be given favourable consideration. “Original signed by Siobhan Murphy” _______________________________________________ Prepared by: Siobhan Murphy, MA, MCIP, RPP Planner II “Original signed by Chuck Goddard” for _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Rendering Appendix C – Elevations Appendix D – Site Plan Appendix E – Landscape Plan Appendix F – Stormwater Management Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Sep 18, 2014 FILE: 2014-087-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 22710 DEWDNEY TRUNK ROAD APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 19, 2015 and Members of Council FILE NO: 11-5340-01 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Request to include 20208 McIvor Avenue and 20178 Chatwin Avenue in Fraser Sewer Area EXECUTIVE SUMMARY: Development applications for the properties at and 20208 McIvor Avenue and 20178 Chatwin Avenue are currently in progress. Both properties were previously within the Agricultural Land Reserve (ALR). Both are now excluded from the ALR. Both properties are now designated Urban within both the City’s Official Community Plan (OCP) and Metro Vancouver’s Regional Growth Strategy (RGS). Associated with the RGS is Metro Vancouver’s Fraser Sewer Area (FSA) which is a defined area established by Metro Vancouver within which properties are eligible for a municipal sanitary sewer connection as opposed to dealing with their sewage on-site. The FSA boundary is managed by the Metro Vancouver Greater Vancouver Sewerage and Drainage District (GVS&DD) and proposed expansions are regulated by policies within the Metro Vancouver RGS. For a property to be included into the FSA, the property must be either designated as Urban and outside the Agricultural Land Reserve (ALR), or have a public health concern that cannot be resolved on-site. This report deals with the provision of sanitary sewers to the two development applications in progress. Although under the recently adopted RGS the properties are included in the Urban Containment Boundary (UCB) and outside of the ALR, and therefore eligible for inclusion into the FSA the current FSA mapping does not include the Properties in question as shown in Attachment A. Through discussion with Metro Vancouver staff, it is understood that there is an ongoing exercise that is underway to update the Metro Vancouver maps to be consistent with the policies identified in the RGS. Metro Vancouver staff have indicated that through this exercise the Properties will be included in the FSA. This process will not be completed for some time. As these development applications are proceeding prior to the completion of the Metro Vancouver exercise, a request for inclusion is required from the City. Because the subject properties are individual applications the recommendations are stated separately. RECOMMENDATION: THAT a letter be sent to the GVS&DD Board of Directors requesting approval for the expansion of the Fraser Sewer Area boundary in Maple Ridge to include the property at 20208 McIvor Avenue identified on the map attached to this report dated January 19, 2015; and THAT a letter be sent to the GVS&DD Board of Directors requesting approval for the expansion of the Fraser Sewer Area boundary in Maple Ridge to include the property at 20178 Chatwin Avenue identified on the map attached to this report dated January 19, 2015. 1106 DISCUSSION: a) Background Context: This report deals with the provision of sanitary sewers associated with the development applications for the properties at and 20208 McIvor Avenue and 20178 Chatwin Avenue which are currently in progress. Both properties were previously within the Agricultural Land Reserve (ALR). Both are now excluded from the ALR. Both properties are now designated Urban within both the City’s Official Community Plan (OCP) and Metro Vancouver’s Regional Growth Strategy (RGS). Associated with the RGS is Metro Vancouver’s Fraser Sewer Area (FSA) which is a defined area established by Metro Vancouver within which properties are eligible for a municipal sanitary sewer connection as opposed to dealing with their sewage on-site. The FSA boundary is managed by the Metro Vancouver Greater Vancouver Sewerage and Drainage District (GVS&DD) and proposed expansions are regulated by policies within the Metro Vancouver RGS. For a property to be included into the FSA, the property must be either designated as Urban and outside the Agricultural Land Reserve (ALR), or have a public health concern that cannot be resolved on-site. Through discussion with Metro Vancouver staff, it is understood that there is an ongoing exercise that is underway to update the Metro Vancouver maps to be consistent with the policies identified in the RGS. Metro Vancouver staff have indicated that through this exercise the Properties will be included in the FSA. This process will not be completed for some time. As these development applications are proceeding prior to the completion of the Metro Vancouver exercise, a request for inclusion is required from the City. Because the subject properties are individual applications the recommendations are stated separately. This report is supportive of Council forwarding the recommendation for inclusion of the Properties into the FSA. b) Citizen/Customer Implications: Inclusion of the Properties into the FSA will allow the individual development applications to receive final subdivision approval and allow the property owners to complete their developments. c) Interdepartmental Implications: The inclusion of the Properties in the FSA is consistent with the development application and supports the requirements established by the City’s Approving Officer. d) Business Plan/Financial Implications: The cost of extending the sanitary sewer infrastructure will be the responsibility of the developer/property owner. e) Policy Implications: Extension of the sanitary sewer is consistent with the City Sanitary Sewer Bylaw and FSA policies. CONCLUSIONS: This application to extend the FSA is consistent with the Urban designation and does not result in any decrease in the service levels of the existing sanitary sewer system. “Original signed by Stephen Judd” _______________________________________________ Prepared by: Stephen Judd, PEng. Manager of Infrastructure Development “Original signed by David Pollock” _______________________________________________ Reviewed by: David Pollock, PEng. Municipal Engineer “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, PEng. General Manager: Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer Att: FSA Map and Subject Properties Attachment A Fraser Sewer Area (FSA) Map City of Maple Ridge TO:Her Worship Mayor Nicole Read MEETING DATE:January 19, 2015 and Members of Council FILE NO: FROM:Chief Administrative Officer MEETING:Committee of the Whole SUBJECT:Council Advisory Committee Bylaws EXECUTIVE SUMMARY: An Advisory Committee Task Force (the “Task Force”)was struck in April 2014 to review Council’s advisory committees. Attached as Appendix A is the April 7, 2014 report to Council that identifies the terms of reference of the review.At the October 20, 2014 Council Workshop the initial recommendations of the Task Force were presented to Council.This report focuses on the recommendations to bring consistency to the advisory committee bylaws and to make additional minor amendments to the bylaws of the Community Heritage Commission, the Municipal Advisory Committee on Accessibility Issues and the Social Planning Advisory Committee.Attached as Appendix B is a spreadsheet which provides details of the changes to each of these committees. RECOMMENDATIONS: 1.That Agricultural Advisory Committee Bylaw No.7127-2015 be given first, second and third readings. 2.That Community Heritage Commission Bylaw No.7128-2015 be given first, second and third readings. 3.That Economic Advisory Commission Bylaw No. 7130-2015 be given first,second and third readings. 4.That Municipal Advisory Committee on Accessibility Issues Bylaw No.7131-2015 be given first, second and third readings. 5.That Public Art Steering Committee Bylaw No.7132-2015 be given first, second and third readings. 6.That Social Planning Advisory Committee Bylaw No.7129-2015 be given first, second and third readings. DISCUSSION: The Task Force presented the following recommendations to Council at the October 20, 2014 Council Workshop that Council agreed should be actioned as presented. 1.Amend all bylaws to: a.include 1 council liaison for committees with 6 voting members or less (not counting council liaison) or two council liaisons for committees with 7 voting members or more (not counting council liaisons) b.remove council liaison alternates c.require the committees to meet at least quarterly 1131 d.ensure appointments are staggered in a manner that ensures continuity in membership and remove date specific terms e.remove any language that is replicated from provincial legislation or city policy. Note: Currently the number of council liaisons and the appointment of alternates varies with each committee.The Task Force felt that having an alternate was not necessary given that an alternate would not have the necessary background to adequately fill in on the rare occasions the appointed liaison was unable to attend.Changing the requirement to meet at least quarterly will allow those committees who may not need to meet monthly to reduce the number of meetings held each year. Appointments need to be managed in a manner that ensures that not all members of the committee have terms that end at the same time. It is not necessary to include language that exists in other legislation or in policy. 2.Amend the Community Heritage Commission bylaw to remove references to the Parks Commission. Note: The Parks Commission Citizen Advisory Committee no longer exists so should be removed as a non-voting member. 3.Amend the Municipal Advisory Committee on Accessibility issues to include in the mandate “create a more inclusive city”. 4.Amend the membership of the Social Planning Advisory Committee to a) remove a member from Community Living BC, a member from School District No. 42 senior staff, and a member from a public post-secondary institution and b) to replace “A member from the Ministry of Child and Family Development” and “A member from Ministry of Housing and Development” with “Two members from provincial government social service ministries”. Note: School District 42 is represented on the Committee by one of its School Trustees. It was not felt necessary to also include a staff representative. Council met on September 17, 2014 and October 1, 2014 with the Social Planning Advisory Committee. Council requested that the Committee review its bylaw and provide their feedback on any changes they recommended. The Committee proposed that the Committee Responsibilities be amended to read as follows and this amendment has been included in the bylaw attached to this report. “Committee Responsibilities: 22.The Committee has the mandate to enhance the social well-being of present and future citizens of Maple Ridge by: a)Advising Council on the planning and development of municipal strategies and policies related to the social need,social well-being,and social development of a healthy and socially sustainable community b)Making recommendations to Council to advocate for policy change and service enhancement to meet the social needs of the community based on research, community engagement,and monitoring of social indicators of a healthy community, c)Providing leadership that encourages partnerships and networks by promoting a collaborative framework that encourages community response to current and emerging social needs. The Committee also recommended the removal from the membership of “A member from a community group for seniors”.This was included in error in the bylaw and has been removed in the bylaw attached to this report. Business Plan/Financial Implications: There is potential for a small reduction in administrative costs to support committees if a reduction in the number of meetings occurs with any of the committees. All committees currently meet 10 times a year. Alternatives: Council could choose not to implement some or all of the changes recommended by the Task Force. Original signed by Ceri Marlo, C.M.C. _____________________________________ Prepared by:Ceri Marlo,C.M.C. Manager of Legislative Services and Emergency Program Original signed by Paul Gill, B.B.A., C.G.A., F.R.M. _______________________________________ Approved by:Paul Gill, B.B.A, C.G.A, F.R.M General Manager: Corporate & Financial Services Original signed by J.L. (Jim) Rule _______________________________________________ Concurrence:J.L. (Jim) Rule Chief Administrative Officer :cm APPENDIX A District of Maple Ridge TO:His Worship Mayor Ernie Daykin MEETING DATE:April 7, 2014 and Members of Council FILE NO: FROM:Chief Administrative Officer MEETING:Council Workshop SUBJECT:COMMITTEES OF COUNCIL REVIEW EXECUTIVE SUMMARY: During its 2013 business planning deliberations, Council identified that a review of its advisory committees should be undertaken as part of Council’s work plan in 2014.Some of the committees have been functioning in an advisory capacity to Council since 1999 so it is opportune at this time to ensure that the mandate of each Committee continues to be valid. The Committees of Council Policy No. 3.11, attached as Appendix I,sets out a process to be followed when Council is considering a new committee.It is recommended that a similar process be used to review the existing committees. RECOMMENDATION: That an Advisory Committee Task Force consisting of the Mayor, Councillor Dueck and Councillor Hogarth review the Advisory Committees of Council as described in the staff report dated April 7, 2014 and make recommendations to Council on each Committee. DISCUSSION: Council has indicated a desire to review its Advisory Committees.This item appears on line 37 of the 2014 Council Matrix. Committees of Council Policy No. 3.11 describes the questions Council should ask itself when considering forming a new committee. It is recommended that these questions form the basis of this review. To complete the review it is recommended that a task force be struck to conduct the review and to make recommendation to Council on each committee. The task force would consist of the Mayor,two members of Council, the Manager of Legislative Services and the Committee Clerk. The task force would engage additional staff as required. The task force will also solicit input from the remainder of Council to assist in the review.The task force would dissolve once the review by Council is completed.The task force would be provided with background information on each committee including: Committee Bylaw Annual Budget Meeting schedule Terms of Reference Membership Accomplishments Staff Time Questions to address for each committee would include, but not be limited to: Does this work need to continue? Is the work ongoing or of a limited time nature? Can this work be done by another group either internal or external? Is the membership reflective of the skills, expertise and the diversity of interests required? Is the mandate of this committee still relevant? The following committees would be reviewed: Agricultural Advisory Committee Community Heritage Commission Cycling and Pedestrian Advisory Committee (proposed new committee) Economic Advisory Commission Municipal Advisory Committee on Accessibility Issues Social Planning Advisory Committee Public Art Steering Committee Environmental Advisory Committee (proposed new committee) The following committees would not be reviewed: Parks & Leisure Services Commission (subject of a separate review of Joint Parks & Leisure Services) Advisory Design Panel (legislated by Local Government Act) Audit & Finance Committee (this committee functions in a different manner, allowing Council members a focused conversation with the external auditor) Liaison appointments to community organizations Alternatives: Council could choose to undertake this work without forming a task force. A smaller working group, that includes appropriate staff, however, may accomplish the work of developing recommendations in a more efficient and encompassing manner. CONCLUSIONS: To complete its review of advisory committees, it is recommended that a task force be struck to make recommendations on the status of existing and proposed advisory committees. _____________________________________ Prepared by:Ceri Marlo,C.M.C. Manager of Legislative Services and Emergency Program _______________________________________ Approved by:Paul Gill, B.B.A, C.G.A, F.R.M General Manager: Corporate & Financial Services _______________________________________ Concurrence J.L. (Jim) Rule Chief Administrative Officer :cm Attachment: Committee of Council Policy No. 3.11 APPENDIX B Committee # of Mtgs / Year Budget Membership Mandate Recommended By-law Changes Agriculture Advisory Committee (AAC)9 No change $10,000 No change No change Global changes (listed below) Bicycling Advisory Committee (BAC) Community Heritage Commission (CHC) 10 No change $10,000 No change No change Remove any reference to Parks Commisison Global changes Economic Advisory Commission (EAC)10 or11 No change $1,000 No change No change Global changes Municipal Advisory Committee on Accessibility Issues (MACAI) 9 $10,000 Proposed (See Info Sheet for more details). No change Addition of "create a more inclusive City" recommended. (As shown on Info Sheet). Global changes Public Art Steering Committee (PASC)11 No change $70,000 No change No change Global changes Social Planning Advisory Committee (SPAC) 11 No change $10,000 Recommend the removal of members from: Community Living BC, a public post- secondary institution and senior School District 42 staff . No change Under Membership it is recommended that "A member from the Ministry of Child and Family Development" and "A member from the Ministry of Housing and Development" be replaced with "Two members from provincial government social service ministries" Global changes Modify the Duties and Powers of the Committee. Existing wording is: The Committee has the mandate to enhance the social well-being of present and future residents of our community by: a) Advising Council on policy and on matters relating to social planning and the social needs, social well-being, and social development of the community. b) Identifying and addressing social issues of concern to community residents c) Initiating social planning projects to enhance the community Proposed wording is: The Committee has the mandate to enhance the social well-being of present and future citizens of Maple Ridge by: a) Advising Council on the planning and development of municipal strategies and policies related to the social need, social well-being, and social development of a healthy and socially sustainable community b) Making recommendations to Council to advocate for policy change and service enhancement to meet the social needs of the community based on research, community engagement, and monitoring of social indicators of a healthy community, c) Providing leadership that encourages partnerships and networks by promoting a collaborative framework that encourages community response to current and emerging social needs. Global Changes to Bylaws It is recommended that all committee bylaws be modified to adhere to the following standards: Eliminate council liaison alternates 1 council liaison for a committee with 6 members or less (not counting council liaison) 2 council liaisons for a committee with 7 members or more (not counting council liaisions) Comittees meet at least quarterly Term appointment start dates are staggered Removal of specific terms start and end dates (ie "for a term beginning Jan 1, 2009) Removal of maximum number of terms that can be served / number required for quorum / mention of conflict of interest. (These items are already specified in either policy, legislation or Robert's Rules of Order) Removal of language replicated from legislation or policy. This committee will cease and be replaced by the Integrated Transportation Advisory Committee. CITY OF MAPLE RIDGE BYLAW NO.7127-2015 A Bylaw to establish an Agricultural Advisory Committee WHEREAS Council is authorized to establish an Agricultural Advisory Committee pursuant to Part 5 of the Community Charter; AND WHEREAS Council considers that it is in the public interest to establish an Agricultural Advisory Committee to advise Council in respect of agricultural matters and undertakings and to provide support for such activities as benefit and provide for the advancement of agricultural activities in the City. NOW THEREFORE there is hereby established an Agricultural Advisory Committee known as the Maple Ridge Agricultural Advisory Committee. CITATION 1.This Bylaw shall be cited for all purposes as “Agricultural Advisory Committee Bylaw No. 7127-2015.” 2.Maple Ridge Agricultural Advisory Committee Bylaw No. 6471-2007 and amendments thereto is hereby repealed in its entirety. INTERPRETATION 3.For the purposes of this Bylaw, unless the context otherwise requires, “Maple Ridge” means the City of Maple Ridge; “Committee” means Agricultural Advisory Committee established under Section 4; “Selection Committee” means a committee comprised of the Mayor and/or the applicable committee Council appointee(s) and staff liaison(s), if appointed, that reviews applications for committee positions, interviews selected applicants and makes recommendations to Council on appointed positions. AGRICULTURAL ADVISORY COMMITTEE 4.The Committee shall be comprised of the following voting members: a)Council Liaison(s); b)One member nominated by the Haney Farmer’s Market; c)One member nominated by the Agricultural Fair Board; d)Five members actively involved in the agricultural sector appointed by Council; e)A maximum of four members-at-large appointed by Council with priority given to those who reside in Maple Ridge and are knowledgeable about agriculture; f)One member nominated from the Maple Ridge Economic Advisory Commission. And the following non-voting Members: a)One member from the Agricultural Land Commission who shall serve as a liaison and attend when available to do so; b)One member from the Ministry of Agriculture, Food and Fisheries who shall serve as a liaison and attend when available to do so. 5.One Council Liaison will be assigned to the committee when the membership (excluding Council Liaisons) numbers six or less. Two Council Liaisons will be assigned to the committee when the membership (excluding Council Liaisons ) numbers seven or more. 6.The Members-at-Large and the Members from the Agricultural Sector shall be appointed by resolution of Council and shall serve for terms of two years commencing on January 1st and terminating two years later on December 31st. 7.Members-at-large shall serve a maximum of three consecutive two year terms. Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to a n additional three consecutive terms.If it is determined there is a need to stagger appointment term dates to maintain continuity within the Committee the Selection Committee may recommend terms of one year for new or returning members. These one year terms will be considered mid-term appointments. 8.Council may choose to remove a member from the Committee for consecutive non- attendance at three meetings (unless previously approved by the Committee) or for any other reason Council believes warrants such removal. 9.The Chairperson shall advice Council immediately in writing of any member who has been absent from meetings of the Committee for three consecutive meetings without prior leave of absence having been granted by the Committee. Leaves of Absence greater than three consecutive meetings may, by a majority vote of the Committee, be granted when the request for the leave of Absence is received in writing, prior to the said leave taking place. 10.The members of the Committee shall serve without remuneration. 11.The presence of 50% + 1 of the membership shall constitute a quorum. PROCEDURES 12.The Committee shall: a)appoint one of their number to act as Chair of the Committee and another member to act as Vice-Chair of the Committee on an annual basis; and b)meet a minimum of once every three months; c)operate in accordance with the standard operating procedures applicable to all Maple Ridge Committees and Commissions with regard to records keeping, holding closed meetings, conflict of interest, financial management and such other practices, policies and procedures which may be established by Council from time to time. DUTIES AND POWERS 13.a)The Committee will: i)advise Council on any matter referred to it by Council; ii)undertake and provide support for such agricultural activities as approved by Council; iii)present an annual report to Council, setting out it’s activities and accomplishments for the previous year, and include any financial statements with Council requires; b)The Committee may: i)develop and implement educational and public awareness programs related to agriculture in Maple Ridge; ii)support projects that promote local agriculture; iii)make recommendations on agricultural policies and advise Council on policy issues relating to agricultural land and appropriate land uses in agricultural areas. OTHER COMMITTEES 14.The Committee shall establish such ad hoc committees as may be required from time to time to provide the Committee with advice on specific policies, proposals and initiatives. MEDIA CONTACT 15.The Chairperson or other person appointed by the Committee shall be the spokesperson for the media and other public information sources. READ a first time the day of , 20 READ a second time the day of , 20 READ a third time the day of ,20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO.7128-2015 A Bylaw to establish a Community Heritage Commission WHEREAS Council is authorized to establish a Community Heritage Commission pursuant to Part 5 of the Community Charter; AND WHEREAS Council considers that it is in the public interest to establish a Community Heritage Commission to advise Council in respect of heritage conservation matters and undertakings and to provide support for such activities as benefit and provide for the advancement of heritage conservation in the City. NOW THEREFORE there is hereby established a Community Heritage Commission known as the Maple Ridge Community Heritage Commission. CITATION 1.This Bylaw shall be cited for all purposes as “Community Heritage Commission Bylaw No. 7128-2015.” 2.Maple Ridge Community Heritage Commission Bylaw No. 5908-2000 and amendments thereto is hereby repealed in its entirety. INTERPRETATION 3.For the purposes of this Bylaw, unless the context otherwise requires, “Maple Ridge” means the City of Maple Ridge; “Committee” means Community Heritage Commission established under Section 4; “Selection Committee” means a committee comprised of the Mayor and/or the applicable committee Council appointee(s) and staff liaison(s), if appointed, that reviews applications for committee positions, interviews selected applicants and makes recommendations to Council on appointed positions. COMMUNITY HERITAGE COMMISSION 4.The Committee shall be comprised of the following voting members: a)Council Liaison(s); b)Two members from among the persons nominated by the Maple Ridge Historical Society; a)Four members-at-large from the community; b)As many other members from persons selected by Council, nominated by citizens or organizations as Council may choose to appoint with priority given to one youth member. 5.One Council Liaison will be assigned to the committee when the membership (excluding Council Liaisons) numbers six or less. Two Council Liaisons will be assigned to the committee when the membership (excluding Council Liaisons) numbers seven or more. 6.The Members-at-Large shall be appointed by resolution of Council and shall serve for terms of two years commencing on January 1st and terminating two years later on December 31st. 7.Members-at-large shall serve a maximum of three consecutive two year terms. Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to a n additional three consecutive terms.If it is determined there is a need to stagger appointment term dates to maintain continuity within the Committee the Selection Committee may recommend terms of one year for new or returning members. These one year terms will be considered mid-term appointments. 8.Council may choose to remove a member from the Committee for consecutive non - attendance at three meetings (unless previously approved by the Committee) or for any other reason Council believes warrants such removal. 9.The Chairperson shall advice Council immediately in writing of any member who has been absent from meetings of the Committee for three consecutive meetings without prior leave of absence having been granted by the Committee. Leaves of Absence greater than three consecutive meetings may, by a majority vote of the Committee, be granted when the request for the leave of Absence is received in writing, prior to the said leave taking place. 10.The members of the Committee shall serve without remuneration. 11.The presence of 50% + 1 of the current membership shall constitute a quorum. PROCEDURES 12.The Committee shall: a)appoint one of the number to act as Chair of the Committee and another member to act as Vice-Chair of the Committee on an annual basis; and b)meet a minimum of once every three months;and c)operate in accordance with the standard operating procedures applicable to all Maple Ridge Committees and Commissions with regard to records keeping, holding closed meetings, conflict of interest, financial management and such other practices, policies and procedures which may be established by Council from time to time. DUTIES AND POWERS 13.a)The Commission will: i)advise Council on any matter referred to it by the Council; ii)undertake and provide support for such heritage activities as directed by Council; iii)present an annual report to Council, setting out its activities and accomplishments for the previous year, and include any financial statements which Council requires; b)The Commission may: i)develop and implement educational and public awareness programs related to heritage conservation in the City; ii)support and raise funds for projects of local heritage significance; iii)make recommendations on heritage policy and advise Council on pol icy issues relating to heritage property and neighbourhoods; iv)provide information and advice to an individual or community group regarding heritage conservation and policy, upon receipt of a request from the individual or community group; v)establish and administer a grants in aid and financial assistance application process for organizations, institutions, or other groups requiring financial assistance to engage in activities: -to conserve or relating to the conservation of heritage property or heritage resources; -to gain knowledge about the community’s history and heritage; -to increase public awareness, understanding and appreciation of the community’s history and heritage; and -necessary or desirable with respect to conservation of heritage property or heritage resources and to evaluate such applications received annually on or before October 31st of each year and recommend to Council grants and financial assistance that the Commission considers ought to be given. OTHER COMMITTEES 14.The Committee shall establish such ad hoc committees as may be required from time to time to provide the Committee with advice on specific policies, proposals and initiatives. MEDIA CONTACT 15.The Chairperson or other person appointed by the Committee shall be the spokesperson for the media and other public information sources. READ a first time the day of , 20 READ a second time the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO.7130-2015 A Bylaw to establish an Economic Advisory Commission WHEREAS Council is authorized to establish an Economic Advisory Commission pursuant to Part 5 of the Community Charter; AND WHEREAS Council considers that it is in the public interest to establish an Economic Advisory Commission to advise Council in respect of matters relating to the long term economic health of the community.The Economic Advisory Commission shall be focused on the retention and expansion of existing business and attracting new industrial and commercial investment to create high value, local jobs. NOW THEREFORE there is hereby established an Economic Advisory Committee known as the Maple Ridge Economic Advisory Committee. CITATION 1.This Bylaw shall be cited for all purposes as Economic Advisory Commission Bylaw No.7130-2015. 2.Maple Ridge Economic Advisory Committee Bylaw No. 6179-2003 and amendments thereto is hereby repealed in its entirety. INTERPRETATION 3.For the purposes of this Bylaw, unless the context otherwise requires, “Maple Ridge” means the City of Maple Ridge; “Committee” means Economic Advisory Commission established under Section 4; “Commissioner” means a current member of the Economic Advisory Commission; ECONOMIC ADVISORY COMMISSION 4.The Committee shall be comprised of the following voting members: a)Mayor of the City of Maple Ridge b)Two Councillors from the City of Maple Ridge c)Director of the Chamber of Commerce d)Director of the Downtown Business Improvement Association e)Director of the Arts Council f)Six Community Members preferably representatives of each priority sector identified in the Economic Strategy g)Director of a Home Based Business Association h)Director of a Destination Tourism Organization i)A Youth representative (youth defined as enrolled in, or less than two years since graduation from post-secondary) j)A Director of the Seyem’ Qwantlen Business Group 5.The members of the Committee shall be appointed by resolution of Council noting that Council may choose to remove a member from the Committee for consecutive non - attendance at three meetings (unless previously approved by the Committee) or for any other reason Council believes warrants such removal. 6.Community Members shall serve for a maximum of three consecutive terms. Commissioners are appointed for a term of one year and are eligible for re-appointment for two further terms of two years and three years respectively, for a total of six years. 7.Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to an additional three consecutive terms.If it is determined there is a need to stagger appointment term dates to maintain continuity within the Committee the Selection Committee may recommend terms of one year for new or returning members. These one year terms will be considered mid-term appointments. 8.The Chairperson shall advice Council immediately in writing of any member who has been absent from meetings of the Committee for three consecutive meetings without prior leave of absence having been granted by the Committee. Leaves of Absence greater than three consecutive meetings may, by a majority vote of the Committee, be granted when the request for the leave of Absence is received in writing, prior to the said leave taking place. 9.The members of the Committee shall serve without remuneration. 10.The presence of 50% + 1 of the membership shall constitute a quorum. PROCEDURES 11.The Committee shall: a)appoint one of the number to act as Chair of the Committee and another member to act as Vice-Chair of the Committee on an annual basis; and b)meet a minimum of once every three months; c)operate in accordance with the standard operating procedures applicable to all Maple Ridge Committees and Commissions with regard to records keeping, holding closed meetings, conflict of interest, financial management and such other practices, policies and procedures which may be established by Council from time to time. DUTIES AND POWERS 12.The Committee will: a)Advise Council on any matters related to economic development of the community that may be referred to it; and b)Provide input into an economic development strategy for the City of Maple Ridge for Council’s consideration. c)Contribute to the development of an annual business plan for the department and relevant performance measures to evaluate programs. d)Participate in the execution of a business plan, as determined by Council. OTHER COMMITTEES 13.The Committee shall establish such ad hoc committees as may be required from time to time to provide the Committee with advice on specific policies, proposals and initiatives. MEDIA CONTACT 14.The Chairperson or other person appointed by the Commission shall be the spokesperson for the media and other public information sources. READ a first time the day of , 20 READ a second time the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO.7131-2015 A Bylaw to establish a Municipal Advisory Committee on Accessibility Issues WHEREAS Council is authorized to establish a Municipal Advisory Committee on Accessibility Issues pursuant to Part 5 of the Community Charter; AND WHEREAS Council considers that it is in the public interest to establish a Municipal Advisory Committee on Accessibility Issues to create a more inclusive City and to advise Council, inform and educate the Councils, municipal departments, community agencies and general public on accessibility and disability issues. NOW THEREFORE there is hereby established a Municipal Advisory Committee on Accessibility Issues known as the Maple Ridge Municipal Advisory Committee on Accessibility Issues. CITATION 1.This Bylaw shall be cited for all purposes as Municipal Advisory Committee on Accessibility Issues Bylaw No.7131-2015. 2.Maple Ridge Municipal Advisory Committee on Accessibility Issues Bylaw No. 5845 -1999 and amendments thereto is hereby repealed in its entirety. INTERPRETATION 3.For the purposes of this Bylaw, unless the context otherwise requires, “Maple Ridge” means the City of Maple Ridge; “Committee” means Municipal Advisory Committee on Accessibility Issues established under Section 4; “Disability” means a physical or sensory disability, learning difficulty or mental health problem, which is regarded as a significant challenge in daily life or at work. “Selection Committee” means a committee comprised of the Mayor and/or the applicable committee Council appointee(s) and staff liaison(s), if appointed, that reviews applications for committee positions, interviews selected applicants and makes recommendations to Council on appointed positions. MUNICIPAL ADVISORY COMMITTEE ON ACCESSIBILITY ISSUES 4.The Committee shall be comprised of the following voting members: a)One Councillor from the City of Maple Ridge; b)One Councillor from the City of Pitt Meadows; c)One member from the School Board of School District No 42; d)One member from the Ministry of Child and Family Development; e)One member from the Ministry of Human Resources represented by a community service provider; f)One member from the Ridge Meadows Association for Community Living; g)One member from the Fraser Health Authority; h)Six members-at-large who are residents of Maple Ridge, or employed in Maple Ridge or are eligible to be on the Municipal voters list for the City; i)2 members-at-large who are residents of Pitt Meadows, or employed in Pitt Meadows, or are eligible to be on the Municipal voters list for the City. 5.The Members-at-Large shall be appointed by resolutions of Council and shall serve for terms of two years commencing on January 1st and terminating two years later on December 31st. 6.Members-at-large shall serve a maximum of three consecutive two year terms.Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to a n additional three consecutive terms.If it is determined there is a need to stagger appointment term dates to maintain continuity within the Committee the Selection Committee may recommend terms of one year for new or returning members. These one year terms will be considered mid-term appointments. 7.Council may choose to remove a member from the Committee for consecutive non- attendance at three meetings (unless previously approved by the Committee) or for any other reason Council believes warrants such removal. 8.The Chairperson shall advice Council immediately in writing of any member who has been absent from meetings of the Committee for three (3) consecutive meetings without prior leave of absence having been granted by the Committee. Leaves of Absence greater than three (3)consecutive meetings may, by a majority vote of the Committee, be granted when the request for the leave of Absence is received in writing, prior to the said leave taking place. 9.The members of the Committee shall serve without remuneration. 10.The presence of 50% + 1 of the membership shall constitute a quorum. PROCEDURES 11.The Committee shall: a)appoint one of the number to act as Chair of the Committee and another member to act as Vice-Chair of the Committee on an annual basis; and b)meet a minimum of once every three months; c)operate in accordance with the standard operating procedures applicable to all Maple Ridge Committees and Commissions with regard to records keeping, holding closed meetings, conflict of interest, financial management and such other practices, poli cies and procedures which may be established by Council from time to time. DUTIES AND POWERS 12.a)The Committee will: i)advise Council on any matter referred to it by Council; ii)strive to remove the social, physical and psychological barriers that prevent people from fully participating in all aspects of community life; iii)present an annual report to Council, setting out it’s activities and accomplishments for the previous year, and include any financial statements with Council requires. b)The Committee may: i)arrange for sensitivity training for municipal staff and residents with the goal of creating a greater awareness regarding accessibility issues ; ii)provide public facility design consultations; iii)administer an annual award program. OTHER COMMITTEES 13.The Committee shall establish such ad hoc committees as may be required from time to time to provide the Committee with advice on specific policies, proposals and initiatives. MEDIA CONTACT 14.The Chairperson or other person appointed by the Committee shall be the spokesperson for the media and other public information sources. READ a first time the day of , 20 READ a second time the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO.7132-2015 A Bylaw to establish a Public Art Steering Committee WHEREAS Council is authorized to establish a Public Art Steering Committee pursuant to Part 5 of the Community Charter; AND WHEREAS Council considers that it is in the public interest to establish a Public Art Steering Committee to advise Council in respect of the commission of and installation of public art. NOW THEREFORE there is hereby established a Public Art Steering Committee known as the Maple Ridge Public Art Steering Committee. CITATION 1.This Bylaw shall be cited for all purposes as “Public Art Steering Committee Bylaw No.7132-2015”. 2.Maple Ridge Public Art Steering Committee Bylaw No. 6659-2009 and amendments thereto is hereby repealed in its entirety. INTERPRETATION 3.For the purposes of this Bylaw, unless the context otherwise requires, “Maple Ridge” means the City of Maple Ridge; “Committee” means Public Art Steering Committee established under Section 4; “Selection Committee” means a committee comprised of the Mayor and/or the applicable committee Council appointee(s) and staff liaison(s), if appointed, that reviews applications for committee positions, interviews selected applicants and makes recommendations to Council on appointed positions. PUBLIC ART STEERING COMMITTEE 4.The Committee shall be comprised of the following voting members: a)Two artists; b)An Arts Council staff member with the appropriate technical expertise to be appointed by the Arts Council Board; c)One Landscape Architect, Architect or Municipal Planner familiar with public art programs; d)One developer of residential or commercial properties who is active in the Municipality; e)One member of Municipal Council; f)One member-at-large from the community. 5.The members of the Committee shall serve for a term of two years commencing on January 1st and terminating two years later on December 31st. 6.Members-at-Large shall be appointed by resolution of Council and serve a maximum of three consecutive two year terms.Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to an additional three consecutive terms.If it is determined there is a need to stagger appointment term dates to maintain continuity within the Committee the Selection Committee may recommend terms of one year for new or returning members. These one year terms will be considered mid-term appointments. 7.Council may choose to remove a member from the Committee for consecutive non - attendance at three meetings (unless previously approved by the Committee) or for any other reason Council believes warrants such removal. 8.The Chairperson shall advice Council immediately in writing of any member who has been absent from meetings of the Committee for three consecutive meetings without prior leave of absence having been granted by the Committee. Leaves of Absence greater than three consecutive meetings may, by a majority vote of the Committee, be granted when the request for the leave of Absence is received in writing, prior to the said leave taking place. 9.The members of the Committee shall serve without remuneration. 10.The Committee shall hold regular meetings, at such time and place within the City as it may decide, and the presence of 50% + 1 of the membership shall constitute a quorum. PROCEDURES 11.The Committee shall: a)appoint one of their number to act as Chair of the Committee and another member to act as Vice-Chair of the Committee on an annual basis; and b)meet a minimum of once every three months; c)operate in accordance with the standard operating procedures applicable to all Maple Ridge Committees and Commissions with regard to records keeping, holding closed meetings, conflict of interest, financial management and such other practices, policies and procedures which may be established by Council from time to time. DUTIES AND POWERS 12.The Committee will: i)Recommend criteria for the commission of public art installations to Maple Ridge Council; ii)Have authority for entering into agreements and contractual obligations within the limitations of approved budgets for the commission of public art installations which meet the criteria noted above; iii)Have authority to spend money within an annual budget approved by the Maple Ridge Council; iv)Present an annual report to Council, setting out it’s activities and accomplishments for the previous year, and include any financial statements with Council requires; OTHER COMMITTEES 13.The Committee shall establish such ad hoc committees as may be required from time to time to provide the Committee with advice on specific policies, proposals and initiatives. MEDIA CONTACT 14.The Chairperson or other person appointed by the Committee shall be the spokesperson for the media and other public information sources. READ a first time the day of , 20 READ a second time the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO.7129-2015 A Bylaw to establish a Social Planning Advisory Committee WHEREAS Council is authorized to establish a Social Planning Advisory Committee pursuant to Part 5 of the Community Charter; AND WHEREAS Council considers that it is in the public interest to establish a Social Planning Advisory Committee to advise Council in respect of policy and on matters relating to social planning and the social needs, social well-being and social development of the community and by identifying and addressing social issues of concern to community residents while initiating social planning projects to enhance the community. NOW THEREFORE there is hereby established a Social Planning Advisory Committee known as the Maple Ridge Social Planning Advisory Committee. CITATION 1.This Bylaw shall be cited for all purposes as “Social Planning Advisory Committee Bylaw No. 7129-2015”. 2.Maple Ridge Social Planning Advisory Committee Bylaw No. 5972-2001 and amendments thereto is hereby repealed in its entirety. INTERPRETATION 3.For the purposes of this Bylaw, unless the context otherwise requires, “Maple Ridge” means the City of Maple Ridge; “Committee” means Social Planning Advisory Committee established under Section 4; “Selection Committee” means a committee comprised of the Mayor and/or the applicable committee Council appointee(s) and staff liaison(s), if appointed, that reviews applications for committee positions, interviews selected applicants and makes recommendations to Council on appointed positions. SOCIAL PLANNING ADVISORY COMMITTEE 4.The Committee shall be comprised of the following voting members: For a one year term: a)Council Liaison(s); b)A trustee from School District No. 42; c)A member from Fraser Health who is a senior staff member with expertise in public health, mental health, continuing care and/or drug alcohol services; For a two year term: a)A member from the Maple Ridge Pitt Meadows Katzie Community Network; b)A member from the Maple Ridge Pitt Meadows Katzie Seniors Network; c)A member from the Ridge-Meadows RCMP; d)Two members from provincial government social service ministries; e)A member from a community group for adults with development disabilities; f)A member from an economically focused organization; g)A member from an organization that focuses on aboriginal services; h)A member from an organization that focuses on the multi-cultural community; i)A member from an organization that focuses on poverty alleviation services; j)Five member-at-large residents from the City; k)One member-at-large representing the youth-adult population (aged 19-25 years). 5.One Council Liaison will be assigned to the committee when the membership (excluding Council Liaisons) numbers six or less. Two Council Liaisons will be assigned to the committee when the membership (excluding Council Liaisons) numbers seven or more. 6.The Members-at-Large shall be appointed by resolutions of Council and shall serve for terms of two years commencing on January 1st and terminating two years later on December 31st. 7.Members-at-large shall serve a maximum of three consecutive two year terms. Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to an additional three consecutive terms.If it is determined there is a need to stagger appointment term dates to maintain continuity within the Committee the Selection Committee may recommend terms of one year for new or returning members.These one year terms will be considered mid-term appointments. 8.Council may choose to remove a member from the Committee for consecutive non - attendance at three meetings (unless previously approved by the Committee) or for any other reason Council believes warrants such removal. 9.The Chairperson shall advise Council immediately in writing of any member who has been absent from meetings of the Committee for three consecutive meetings without prior leave of absence having been granted by the Committee. Leaves of Absence greater than three consecutive meetings may, by a majority vote of the Committee, be granted when the request for the leave of Absence is received in writing, prior to the said leave taking place. 10.The members of the Committee shall serve without remuneration. 11.The Committee shall hold regular meetings, at such time and place within the City as it may decide, and the presence of 50% + 1 of the current membership shall constitute a quorum. PROCEDURES 12.The Committee shall: a)appoint one of their number to act as Chair of the Committee and another member to act as Vice-Chair of the Committee on an annual basis; and b)meet a minimum of once every three months;and c)operate in accordance with the standard operating procedures applicable to all Maple Ridge Committees and Commissions with regard to records keeping, holding closed meetings, conflict of interest, financial management and such other practices, policies and procedures which may be established by Council from time to time. DUTIES AND POWERS 13.The Committee will: a)advise Council on the planning and development of municipal strategies and policies related to the social need,social well-being,and social development of a healthy and socially sustainable community; b)make recommendations to Council to advocate for policy change and service enhancement to meet the social needs of the community based on research, community engagement,and monitoring of social indicators of a healthy community, c)provide leadership that encourages partnerships and networks by promoting a collaborative framework that encourages community response to current and emerging social needs. OTHER COMMITTEES 14.The Committee shall establish such ad hoc committees as may be required from time to time to provide the Committee with advice on specific policies, proposals and initiatives. MEDIA CONTACT 15.The Chairperson or other person appointed by the Committee shall be the spokesperson for the media and other public information sources. READ a first time the day of , 20 READ a second time the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER 1 of 1 District of Maple RidgeDistrict of Maple RidgeDistrict of Maple RidgeDistrict of Maple Ridge TO:TO:TO:TO: Her Worship Mayor Nicole Read MEETINGMEETINGMEETINGMEETING DATE:DATE:DATE:DATE: 19-January-2015 and Members of Council FILE NO:FILE NO:FILE NO:FILE NO: FROM:FROM:FROM:FROM: Chief Administrative Officer MEETING:MEETING:MEETING:MEETING: C.O.W.C.O.W.C.O.W.C.O.W. SUBJECTSUBJECTSUBJECTSUBJECT: 2014 Council Expenses EXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARY In keeping with Council’s commitment to transparency in local government, the attached Schedule lists preliminary Council expenses for 2014. Changes to the schedule may occur as costs for 2014 are still being recorded. The expenses included on the schedule are those required to be reported in the annual Statement of Financial Information and are available on our website. RECOMMENDATIONRECOMMENDATIONRECOMMENDATIONRECOMMENDATION:::: Receive for informationReceive for informationReceive for informationReceive for information DiscussionDiscussionDiscussionDiscussion The expenses included in the attached schedule are those reported in the annual Statement of Financial Information (SOFI), including those incurred under Policy 3.07 “Council Training, Conferences and Association Building”. The budget for Council includes the provision noted in Policy 3.07 as well as a separate budget for cell phone and iPad usage. “Original signed by Catherine Nolan” ________________________________________ Prepared by: Catherine Nolan, CPA, CGA Manager of Accounting “Original signed by Paul Gill” _________________________________________ Approved by: Paul Gill, CPA, CGA GM, Corporate and Financial Services “Original signed by Jim Rule” ______________________________________________ Concurrence: J.L. (Jim) RuleJ.L. (Jim) RuleJ.L. (Jim) RuleJ.L. (Jim) Rule Chief Administrative OfficerChief Administrative OfficerChief Administrative OfficerChief Administrative Officer 1132 Month of EventReason for expenseConferences & SeminarsCommunity EventsMileageMembershipsBusiness MealsCell Phones / iPadsTotalsAshlie, CherylJanuaryiPad charges5.35 FebruaryiPad charges18.19 MarchRM South Asian Cultural Society - Annual Gala95.00 iPad charges18.19 AprilPitt Meadows Centenial Gala100.00 iPad charges18.19 MR Community Foundation - Citizen of the Year100.00 Urban Development Institute - Seminar30.00 MayiPad charges5.35 JuneiPad charges5.35 JulyiPad charges5.35 AugustiPad charges18.19 SeptemberiPad charges18.19 OctoberRCMP Former OIC retirement luncheon25.00 RM Hospital Foundation Gala175.00 iPad charges18.19 Chamber of Commerce - Business Excellence Nominee luncheon35.00 NovemberiPad charges5.35 December30.00 530.00 - - - 135.89 695.89 Bell, CorisaJanuaryiPad charges39.59 Cell phone charges53.50 FebruaryiPad charges39.59 Cell phone charges53.50 MarchiPad charges18.19 Cell phone charges53.50 ApriliPad charges18.19 Cell phone charges53.50 MayiPad charges- 39.59 Cell phone charges53.50 JuneiPad charges18.19 Cell phone charges53.50 JulyiPad charges18.19 Cell phone charges57.78 AugustiPad charges18.19 Cell phone charges53.50 SeptemberiPad charges- 18.19 Cell phone charges53.50 OctoberiPad charges18.19 Cell phone charges53.50 NovemberiPad charges5.35 Cell phone charges53.50 DecemberCell phone charges53.50 - - - - - 897.73 897.73 Schedule 12014 Council Expenses Month of EventReason for expenseConferences & SeminarsCommunity EventsMileageMembershipsBusiness MealsCell Phones / iPadsTotalsDaykin, ErnieJanuaryiPad charges39.59 Cell phone charges58.91 FebruaryBCRPA Membership60.00 iPad charges18.19 Cell phone charges60.64 MarchiPad charges18.19 Cell phone charges58.84 ApriliPad charges18.46 Cell phone charges58.84 MayLMLGA Conference - Whistler1,023.25 iPad charges18.19 Cell phone charges59.38 JuneiPad charges18.19 Cell phone charges55.71 JulyiPad charges39.59 Cell phone charges59.38 AugustiPad charges18.19 Cell phone charges59.74 Urban Development Institute - Seminar35.00 SeptemberUBCM Conference - Whistler1,462.48 BC Mayors' Caucus95.00 iPad charges18.19 Cell phone charges60.71 OctoberiPad charges18.46 Cell phone charges59.83 NovemberiPad charges18.19 Cell phone charges50.26 December2,615.73 - - 60.00 - 885.67 3,561.40 Dueck, JudyJanuaryiPad charges5.35 FebruaryiPad charges5.35 MarchiPad charges5.35 ApriliPad charges5.35 MR Community Foundation - Citizen of the Year100.00 Urban Development Institute - Seminar30.00 MayiPad charges5.35 JuneiPad charges18.19 JulyiPad charges5.35 AugustiPad charges18.19 SeptemberiPad charges5.35 OctoberRCMP Former OIC retirement luncheon25.00 iPad charges18.19 NovemberChamber of Commerce Annual General Meeting35.00 iPad charges5.35 December30.00 160.00 - - - 97.37 287.37 Duncan, KierstenDecemberSalvation Army - Dignity Breakfast60.00 Cell phone charges60.59 - 60.00 - - - 60.59 120.59 Month of EventReason for expenseConferences & SeminarsCommunity EventsMileageMembershipsBusiness MealsCell Phones / iPadsTotalsHogarth, AlJanuaryiPad charges39.59 FebruaryiPad charges18.19 MarchRM South Asian Cultural Society - Annual Gala95.00 iPad charges18.19 AprilPitt Meadows Centenial Gala100.00 Business Excellence Awards75.00 iPad charges18.19 MR Community Foundation - Citizen of the Year100.00 Urban Development Institute - Seminar30.00 MayFCM Conference - Niagra Falls392.50 iPad charges18.19 JuneiPad charges18.19 Urban Development Institute - Seminar60.00 Chamber of Commerce general meeting32.95 July10 Trends for Smarter Communities37.07 iPad charges18.19 AugustiPad charges18.19 SeptemberUBCM Conference - Whistler1,908.65 iPad charges18.19 OctoberChamber of Commerce - Business Excellence Nominee luncheon35.00 RM Hospital Foundation Gala175.00 iPad charges18.19 NovemberHometown Heroes Dinner50.00 iPad charges39.59 December2,428.22 662.95 - - - 242.89 3,334.06 Masse, BobJanuaryiPad charges5.35 Cell phone charges50.29 FebruaryBC Economic Development Assoc - Ministers Dinner125.00 iPad charges39.59 Cell phone charges50.29 MarchiPad charges39.56 Cell phone charges50.29 Chamber of Commerce general meeting32.95 AprilBusiness Excellence Awards75.00 iPad charges39.59 Cell phone charges50.29 MayCell phone charges50.29 JuneUrban Development Institute - Seminar60.00 Chamber of Commerce general meeting32.95 JulyAugustSeptemberOctoberRCMP Former OIC retirement luncheon25.00 RM Hospital Foundation Gala175.00 Chamber of Commerce - Business Excellence Nominee luncheon35.00 NovemberChamber of Commerce Annual General Meeting35.00 DecemberSalvation Army - Dignity Breakfast60.00 Chamber of Commerce - Christmas Luncheon35.00 185.00 505.90 - - - 375.54 1,066.44 Month of EventReason for expenseConferences & SeminarsCommunity EventsMileageMembershipsBusiness MealsCell Phones / iPadsTotalsMorden, MichaelJanuaryiPad charges39.59 FebruaryiPad charges39.59 MarchRM South Asian Cultural Society - Annual Gala95.00 - Chamber of Commerce general meeting32.95 iPad charges39.59 AprilPitt Meadows Centenial Gala100.00 Business Excellence Awards75.00 MR Community Foundation - Citizen of the Year100.00 iPad charges39.59 Urban Development Institute - Seminar30.00 MayLMLGA Conference - Whistler806.94 iPad charges39.59 JuneiPad charges39.59 JulyiPad charges68.04 AugustiPad charges39.59 SeptemberUBCM Conference - Whistler1,132.17 iPad charges39.59 OctoberRCMP Former OIC retirement luncheon25.00 RM Hospital Foundation Gala175.00 Urban Development Institute - Mayors Panel65.00 iPad charges39.59 Chamber of Commerce - Business Excellence Nominee luncheon35.00 NovemberiPad charges39.59 December2,034.11 637.95 - - - 463.94 3,136.00 Read, NicoleNovemberiPad charges21.40 DecemberCell phone charges65.94 Cell phone charges65.94 - - - - - 153.28 153.28 Symkiw, TylerDecemberCell phone charges64.66 - - - - - 64.66 Totals7,323.06 2,556.80 - 60.00 - 3,377.56 13,252.76 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: 2015-01-19 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: Ridge Meadows Seniors Society Lease Agreement EXECUTIVE SUMMARY: The Ridge Meadows Seniors Society (RMSS) lease agreement is due for renewal. The Maple Ridge-Pitt Meadows Parks & Leisure Services Commission reviewed the agreement at its meeting of January 8, 2015 and is forwarding a recommendation to Council for consideration. RECOMMENDATION: That the Corporate Officer be authorized to execute the Maple Ridge Senior Activity Centre Facility Lease Agreement between the City of Maple Ridge and the Ridge Meadows Seniors Society. “Original signed by Sue Wheeler for Kelly Swift” _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Recreation Services “Original signed by Jim Rule” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer :ik Attachment: RMSS Lease Agreement 1151 Maple Ridge Senior Activity Centre Facility Lease Agreement THIS LEASE dated for reference the 1st day of January, 2015 BETWEEN: CITY OF MAPLE RIDGE, a municipality pursuant to the laws of British Columbia having an address at 11995 Haney Place, Maple Ridge, B.C., V2X 6A9 (the "Landlord") AND: RIDGE MEADOWS SENIORS SOCIETY a society duly Incorporated under the Society Act of the Province of British Columbia under number S-0039647 and having an address at 12150 224th Street, Maple Ridge, B.C., V2X 3N8 (the "Tenant") WHEREAS: A.The Landlord is the registered owner of 10 commercial strata lots in the building located at 12150-224 Street in the City of Maple Ridge, more particularly known and described as: PID:024-607-517 Strata Lot 1 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-525 Strata Lot 2 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-533 Strata Lot 3 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-541 Strata Lot 4 Section 20 Township 12 NWD Strata Plan LMS4011; PID; 024-607-550 Strata Lot 5 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-568 Strata Lot 6 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-576 Strata Lot 7 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-584 Strata Lot 8 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-592 Strata Lot 9 Section 20 Township 12 NWD Strata Plan LMS4011; PID: 024-607-606 Strata Lot 10 Section 20 Township 12 NWD Strata Plan LMS4011 (collectively,the "Recreation Centre"); B.The Recreation Centre represents one of two sections within a strata development, the other section being comprised of 119 residential strata lots providing senior citizen's housing; C.The Tenant wishes to Lease and the Landlord has agreed to Lease to the Tenant the Recreation Centre. NOW THEREFORE this Lease is evidence that in consideration of the mutual covenants, conditions and agreements herein contained the Landlord and Tenant covenant and agree as follows: ARTICLE 1 1.1 DEFINITIONS In this Lease: (a)"Common Areas" mean all those entrances, exits, hallways, lobbies, washrooms and other floor areas in the Development common to and providing access to or from both the Residential Building and the Recreation Centre; (b)"Development" means all lands, buildings, structures and improvements included in Strata Plan LMS4011; (c)"Hazardous Substances"means any substance which is hazardous to persons or property and includes, without limiting the generality of the foregoing: (i)radioactive materials; (ii)explosives; (iii)any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent that it is detrimental to its use by man or by any animal, fish or plant; (iv)any solid, liquid, gas or odor or combination of any of them that, if emitted into the air, would create or contribute to the creation of a condition of the air that: (A)endangers the health, safety or welfare of persons or the health of animal life; (B)interferes with normal enjoyment of life or property; (C)causes damage to plant life or to property; or (D)toxic substances; and (v)substances declared to be hazardous or toxic or special waste under any law or regulation now or hereafter enacted or promulgated by any governmental authority having jurisdiction over the Landlord, the Tenant, the Development or the Recreation Centre; (d)“Operating Agreement” means the Ridge Meadows Seniors Society Operating Agreement dated for reference January 1, 2015 between Ridge Meadows Seniors Society, the City of Maple Ridge,and the City of Meadows, a copy of which is attached hereto as Schedule “A”; (e)"Parking Areas" mean all the areas of the Recreation Centre or floor area in the Development devoted to motor vehicle parking use; (f)"Residential Building" means all parts of the Development other than the Recreation Centre; (g)“Senior Citizen” means any person aged fifty-five years of age or older; and (h)"Strata Corporation”means the Owners, Strata Plan LMS4011; (i)"Strata Council" means the Strata Council of the Strata Corporation; (j)"Strata Owners" means the strata owners of Strata Lots 11 through 219 and includes where context permits the Strata Council and the Strata Corporation. ARTICLE 2 GRANT OF LEASE 2.1 DEMISE The Landlord, being the owner in fee simple of the Recreation Centre does hereby Lease to the Tenant, for the Term and upon and subject to the covenants and conditions hereinafter expressed, the Recreation Centre. ARTICLE 3 TERM, COMMENCEMENT 3.1 TERM The Term of this Lease shall be for three (3) years. 3.2 COMMENCEMENT DATE The Term shall commence on the 1st day of January, 2015 (the “Commencement Date”). 3.3 RIGHT OF RENEWAL The Tenant shall have five (5) consecutive options to renew this Lease each option being for a further term of three (3) years. Each option shall be deemed to have been exercised if the Tenant does not give notice of refusal to exercise at least fifteen (15) days prior to expiration of the Term or the renewal term as the case may be. In the event the option is exercised all the terms and conditions of this Lease shall remain binding. 3.4 PREVIOUS LEASE AND ASSIGNMENT This Lease replaces a lease between the Landlord and Tenant dated for reference January 1, 2012 (the “Previous Lease”) and the parties agree that the Previous Lease shall be terminated and be of no further force and effect as of the Commencement Date. ARTICLE 4 RENT 4.1 MINIMUM RENT The Tenant shall pay to the Landlord Rent for the Term of Twenty Thousand Dollars ($20,000.00) per annum (the “Rent”), without deduction, abatement or set-off. 4.2 PAYMENT OF MINIMUM RENT The Rent for the Term shall be payable by the Tenant to the Landlord in advance in four equal installments of $5000.00 on January 1, April 1, June 1 and September 1 of each year during the Term,the first of such payments to be made on the Commencement Date. 4.3 ADDITIONAL RENT The Tenant shall pay as Additional Rent monthly, within 15 days of receiving an invoice from the Landlord, all utilities as provided in section 5.1 hereof, all other monies described in this Lease as Additional Rent and all maintenance fees, common expenses of any kind for any purpose levied by the Landlord against the Recreation Centre pertaining to the responsibilities of the Tenant as defined in this Lease. 4.4 APPLICABLE TAXES The Tenant shall pay, in addition to any other amounts due in hereunder, those taxes (if any) properly assessed and levied in accordance with law by any government authority and all taxes on such sums which fall due under this Lease, including without limitation, Goods and Services Tax and Social Services Tax in the manner and at such times as are required by law. The Tenant acknowledges that all amounts referred to in this Lease are gross amounts, net of tax, and that all taxes are in addition to those amounts and are not included in them. ARTICLE 5 UTILITIES, HVAC COSTS 5.1 UTILITIES The Tenant shall pay the rates, charges, costs and expenses for electricity, heating, ventilation, air conditioning and other expenses that may be assessed or levied by all suppliers’separately metered utilities of service supplied directly to the Recreation Centre and for telephone or cable services provided directly to the Recreation Centre.If the Tenant fails to pay such amounts, the Landlord may, but is not obliged to, pay such amount and the Tenant shall pay to the Landlord the amount of any such payment as Additional Rent. ARTICLE 6 INSURANCE 6.1 TENANT'S INSURANCE (a)The Tenant shall, during the whole of the Term and during such other time as the Tenant occupies the Recreation Centre, take out and maintain the following insurance, at the Tenant's sole expense: (i)comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use or occupation of the Recreation Centre, or the Tenant's operation on or about the Recreation Centre; such insurance shall be in the joint name of the Tenant and Landlord so as to indemnify and protect both the Tenant and Landlord and shall contain a "cross liability" or "severability of interests" clause so that the Landlord and Tenant may be insured in the same man ner and to the same extent as it individual policies had been issued to each, and shall for the amount not less than $5,000,000.00 combined single limit or such other amount as may be reasonably required by the Landlord from time to time; such comprehensive general liability insurance shall, for the Tenant's benefit only, include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease;and (ii)all risks insurance upon its furniture, fixtures and improvements and upon all other property in the Recreation Centre owned by the Tenant or for which the Tenant is legally liable, and insurance upon all glass and plate glass in the Recreation Centre, against breakage and damage from any cause, all in an amount equal to the full replacement value thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord. (b)The policies of insurance referred to above shall contain the following: (i)provisions that the Landlord is protected notwithstanding any act, neglect, or misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and such that such policies shall not be affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insured(s);and (ii)provisions that such policies of insurance shall not be cancelled without the insurer providing the Landlord thirty (30) days written notice stating when such cancellation shall be effective. (c)The Tenant shall further during the whole of the Term maintain such other insurance in such amounts and upon such terms as the Landlord may reasonably determine from time to time. (d)The Tenant shall provide to the Landlord current copies of policies of insurance required by this Lease, or other evidence of insurance satisfactory to the Landlord. ARTICLE 7 USE AND OCCUPATION 7.1 QUIET ENJOYMENT The Landlord covenants with the Tenant for quiet enjoyment so long as the Tenant is not in default hereunder. 7.2 USE The Recreation Centre shall be used for the purposes of public non-profit Senior Citizen Recreation and Information Centre and for such uses as are complementary and incidental thereto. 7.3 COVENANT TO OPERATE The Tenant shall throughout the whole of the Term continuously operate, occupy and utilize the entire Recreation Centre for the purposes set out herein. 7.4 POSSESSION AND USE OF PREMISES The Tenant will: (a)Use and operate the facilities and the services existing within the Recreation Centre in a first class manner in keeping with the standards maintained by other similar facilities in the Metro Vancouver region; (b)not let the Recreation Centre remain vacant for more than four consecutive Days; (c)not cause any waste or damage to the Recreation Centre; (d)not let the Recreation Centre become untidy or unsightly, and at the end of each day leave them in such condition that they are clean and tidy; (e)in respect of the Tenant’s activities at the Recreation Centre, at its own cost and expense, comply with all applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations or orders from time to time in force relating to the Landlord, the Tenant,the Development,the activities carried out at the Recreation Centre or any part thereof relating to Hazardous Substances and the protection of the environment and shall immediately give written notice to the Landlord of the occurrence of any event at the Recreation Centre or the Development or any part thereof constituting an offence thereunder or be in breach thereof and shall not bring upon the Recreation Centre, the Development,or any part thereof, or cause or suffer the bringing upon the Recreation Centre or the Development or any part thereof, any Hazardous Substances and, if at any time, notwithstanding the foregoing covenants of the Tenant; (i)there are any Hazardous Substances upon the Recreation Centre or the Development or a part thereof as a result of the Tenant’s use, occupation of or activities at the Recreation Centre; (ii)there is an occurrence of any event at the Recreation Centre or the Development or any part thereof arising from the Tenant’s activities, operations, use or occupation of or at the Recreation Centre constituting an offence under or a breach of any applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations and orders from time to time in force relating to Hazardous Substances; the Tenant shall, at its own expense: (iii)immediately give the Landlord notice to that effect and thereafter give the Landlord from time to time written notice of the extent and nature of the Tenant's compliance with the following provisions of this section; (iv)promptly remove the Hazardous Substances from the Recreation Centre or the Development or any part thereof in a manner which conforms with all applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations and orders governing the movement of the same; and (v)if requested by the Landlord, obtain at the Tenant's cost and expense from an independent consultant designated or approved by the Landlord, verification of the complete and proper removal of the Hazardous Substances from the Recreation Centre or the Development, or any part thereof or, if such is not the case, reporting as to the extent and nature of any failure to comply with the foregoing provisions of this section; (f)at the Tenant's own expense, remedy any damage to the Recreation Centre or to the Development where damage arises from the Tenant’s activities, use, occupation or operation of or at the Recreation Centre; (g)if any governmental authority having jurisdiction shall require the clean -up of any Hazardous Substances held, released, spilled, abandoned or placed upon the Recreation Centre or the Development or any part thereof or released into the environment from the Recreation Centre or the Development or any part thereof during the Term by the Tenant or arising from the Tenant’s use and occupation of, and operations and activities at the Recreation Centre , then the Tenant shall, at its own expense, prepare all necessary studies, plans and proposals and submit the same for approval, provide all bonds and other security required by governmental authorities having jurisdiction and carry out the work and shall keep the Landlord fully informed and provide to the Landlord full information with respect to proposed plans and comply with the Landlord's requirements with respect to such plans. The Tenant agrees that if the Landlord determines, in its sole discretion, that the Landlord, its property or its reputation is placed in any jeopardy by the requirement for any such work, the Landlord may itself undertake such work or any part thereof and the Tenant shall pay to the Landlord the costs and expense for such work as Additional Rent; (h)provide authorizations to permit the Landlord to make enquiries from time to time of any government authority with respect to the Tenant's compliance with any and all laws and regulations pertaining to the Tenant, the Tenant's activities on the Recreation Centre or the Development or any part thereof including without limitation all applicable municipal, regional, provincial and federal legislative enactments, by- laws, regulations and orders pertaining to Hazardous Substances and the protection of the environment; and the Tenant covenants and agrees that the Tenant will from time to time provide to the Landlord such written authorization as the Landlord may require in order to facilitate the obtaining of such information; (i)permit the Landlord at any time and from time to time to inspect the Tenant's property and equipment used by the Tenant upon the Recreation Centre or the Development or any part thereof and the Tenant's records relating thereto for the purpose of identifying the existence or absence of any Hazardous Substances and the Tenant shall assist the Landlord in so doing; (j)if the Tenant shall bring or create upon the Recreation Centre or the Development any Hazardous Substances or suffer the bringing or creation upon the Recreation Centre or the Development of any Hazardous Substances or if the Tenant shall cause there to be any Hazardous Substances upon the Recreation Centre or the Development, then, notwithstanding any rule of law or equity to the contrary such Hazardous Substances shall be and remain the sole and exclusive property of the Tenant and shall not become the property of the Landlord and notwiths tanding the degree of affixation of the Hazardous Substances or the goods containing the Hazardous Substances to the Recreation Centre or the Development and notwithstanding the expiry or earlier termination of this Lease; and (k)the obligations of the Tenant in Subsections 7.4(e), 7.4(f),7.4(g),7.4(h),7.4(i) and 7.4(j) inclusive shall survive the End of the Term. 7.5 COMPLIANCE WITH LAWS The Tenant shall carry on and conduct its operations from the Recreation Centre in such manner as to comply with any and all statutes, by-laws, rules and regulations of any Federal, Provincial, Municipal or other competent authority for the time being in force, and shall not do anything in the Recreation Centre in contravention thereof. 7.6 NUISANCE The Tenant shall not do or permit to be done or omitted anything which could damage the Development or injure or impede the operations of the Tenant or which shall or might result in any nuisance in or about the Development. In any of the foregoing events, the Tenant shall forthwith remedy the same and if such thing or condition shall not be so remedied, the Landlord may, after such notice, if any, as the Landlord may deem appropriate in the circumstances, correct such situation at the expense of the Tenant and the Tenant shall pay such expense to the Landlord as Additional Rent. 7.7 AREA AND FIXTURES OF THE RECREATION CENTRE The Tenant must operate the Recreation Centre so that it is open and available to all Senior Citizens in the City of Maple Ridge and the City of Pitt Meadows, and so that it is: (a)used and maintained at a minimum area of 1486m2; (b)fixtured and maintained to be fully accessible to disabled Senior Citizens. 7.8 OPERATION OF THE RECREATION CENTRE The Tenant must operate the Recreation Centre in accordance with the terms of this agreement and in accordance with the Operating Agreement,and in any event as a senior citizen’s recreation centre open to all Senior Citizens in the City of Maple Ridge and the City of Pitt Meadows and be available to them all on the same terms and conditions. 7.9 OPERATING COST (a)The Landlord shall reimburse the Tenant for a portion of the Operating Costs (as described in section 7.9(d)in accordance with the Operating Agreement. (b)The Tenant shall pay all fees assessed as Additional Rent to the Landlord those amounts required to address the responsibilities of the Tenant as defined in this agreement. (c)The Landlord shall only be obliged to contribute pursuant to section 7.9(a) so long as the Recreation Centre is operated by the Tenant and so long as the Tenant remains a non-profit society in good standing and has a membership open to all Senior Citizens in the City of Maple Ridge and the City of Pitt Meadows and has punctually observed and performed the terms, covenants and conditions to be performed by it in accordance with the terms of this Lease and the Operating Agreement which is attached to and forms Schedule “A” to this agreement. (d)Operating Costs means the total actual expenses (without duplication) determined in accordance with accepted and sound accounting principles, incurred by the Tenant for managing, operating and maintaining the Recreation Centre. 7.10 MISCELLANEOUS Capital expenditures and improvements to the Recreation Centre shall be the sole responsibility of the Tenant save and except those expenditures which are specifically identified as the responsibility of the Landlord as defined in Schedule “B” to this Lease which shall include the works described in the Comprehensive Reserve Fund Study for Panorama, Strata Plan LMS 4011 dated October 3, 2011. 7.11 GENERAL PROVISIONS The Tenant shall be responsible for supervising and controlling the activities of members of the public who are using the Recreation Centre and for managing the Recreational Centre without interference and without the necessity of either consent or approval, from the Landlord to the intent that the Tenant shall have the full and absolute authority to operate and manage the services provided by the Tenant in the Recreation Centre. ARTICLE 8 CLEANING, REPAIR, DAY TO DAY MAINTENANCE 8.1 CLEANING (a)The Tenant shall keep the Recreation Centre and, without limitation, the inside and outside of all glass, windows and doors of the Recreation Centre and all exterior surfaces of the Recreation Centre, in a neat, clean and sanitary condition and shall not allow any refuse, garbage or other loose or objectionable or waste material to accumulate in or about the Recreation Centre but rather shall dispose of the same in accordance with the Strata Council’s rules and regulations. (b)The Tenant shall pay for its own janitor service, cleaning of debris, removal of garbage and such other costs as may be incurred in cleaning. (c)In the event the Tenant fails to clean upon notice to do so from the Landlord, the Landlord may clean the same and the Tenant shall pay to the Landlord as Additional Rent the cost thereof. 8.2 TENANT'S REPAIRS (a)The Tenant shall repair the Recreation Centre, only excepting reasonable wear and tear and repairs which are the responsibility of the Landlord pursuant to this Article 8, and shall redecorate as required and maintain in good condition the interior of the Recreation Centre, any appurtenances thereto, any improvements now or hereafter erected or installed therein and any apparatus or equipment of the Tenant therein or therefore. (b)The Tenant shall keep well-painted at all times the interior of the Recreation Centre and shall keep all plumbing facilities within the Recreation Centre and all drains there from clean and in working order. (c)The Tenant, its employees or agents shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or ironwork without the written approval of the Landlord. 8.3 VIEW REPAIRS The Landlord may enter the Recreation Centre at any reasonable times during business hours and at any time during an emergency to view the state of repair and the Tenant shall repair as aforesaid according to notice in writing from the Landlord. 8.4 LANDLORD'S REPAIR The Landlord shall bona fide use its best efforts to ensure that the Strata Owners: (a)shall conduct all maintenance, repairs and replacements to the apparatus for heating, ventilating, air-conditioning, electricity, lighting and plumbing systems installed in the Development and serving the Recreation Centre; (b)shall be responsible for all structural repairs including glass and roof membranes to the Development and repairs of damage to the Recreation Centre caused by perils against which the Strata Owners are obligated to insure; (c)shall keep painted and clean these parts of the exterior of the Development requiring painting including the Recreation Centre. 8.5 OTHER DAY TO DAY MAINTENANCE (a)In addition to the responsibilities for cleaning and repairs as noted above the Tenant shall also have responsibility for its share of the landscape maintenance, parking lot cleaning and maintenance, snow removal, garbage removal and such other maintenance normally required in the day to day operation of the Recreation Centre. ARTICLE 9 ALTERATIONS, FIXTURES 9.1 TENANT'S ALTERATIONS (a)The Tenant shall not make or cause to be made any alterations, additions or improvements or erect or cause to be erected any partitions or install or cause to be installed any fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades, awnings, exterior decorations or make any changes or otherwise in respect of the Recreation Centre without first obtaining the Landlord's written approval thereto, such approval not to be unreasonably withheld in case of alterations, additions or improvements to the interior of the Recreation Centre. (b)All fixtures installed by the Tenant shall be new, provided that the Tenant may install any fixtures in its usual manner so long as such installation has first been approved by the Landlord and does not damage the structure of the Development. (c)The Tenant shall promptly pay all contractors, material suppliers and workmen so as to minimise the possibility of a lien attaching to the Recreation Centre and/or the Development and should any claim of lien be made or filed the Tenant shall discharge the same forthwith. 9.2 REMOVAL OF FIXTURES (a)So long as the Tenant is not in default hereunder at the expiration of the Term, the Tenant shall then have the right to remove fixtures installed by it from the Recreation Centre but shall make good any damage caused to the Recreation Centre resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Recreation Centre and attached in any manner to the floors, walls or ceilings, including any floor covering and light fixtures, are hereby deemed not to be the Tenant's fixtures and shall remain upon and be surrendered with the Recreation Centre, except to the extent that the Landlord requires removal thereof pursuant to Section 9.2(d). (b)If the Tenant fails to remove its trade fixtures and restore the Recreation Centre as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof pursuant to Section 9.2(d). (c)Should the Tenant abandon the Recreation Centre or should this Lease be terminated before the proper expiration of the Term due to default on the part of the Tenant herein, in such event, as of the moment of default by the Tenant, all fixtures and furnishings of the Tenant (whether or not attached in any manner to the Recreation Centre) shall, except to the extent the Landlord requires the removal thereof pursuant to Section 9.2(d), become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. (d)Notwithstanding that any fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Recreation Centre resulting from the installation or removal thereof, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. (e)If the Tenant, after receipt of a notice from the Landlord pursuant to Section 9.2(d), fails to promptly remove any fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Recreation Centre and remove there from all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord. 9.3 LANDLORD'S ALTERATIONS The Landlord reserves the right to allow the Strata Owners to: (a)make alterations or additions to the Development which right may be exercised by the Landlord in its unfettered discretion provided that the ingress and egress to the Recreation Centre shall not be substantially and materially altered or interfered with or, in the event of such substantial and material alteration or interference, that the Landlord has first obtained the Tenant's written consent, not to be unreasonably withheld and without any claim for damages or indemnification against the Landlord, its employees or agents; (b)alter the location and nature of the Common Areas, close off parts thereof, erect additions thereto or extend any part thereof;or (c)make any changes or additions to the apparatus, appliances,conduits, ducts, equipment, pipes or structures of any kind in the Recreation Centre where necessary to serve adjoining premises or other parts of the Development. ARTICLE 10 ASSIGNMENT, SUBLETTING, SALE OR MORTGAGE 10.1 ASSIGNMENT AND SUBLETTING The Tenant may not assign or sublet this Lease except by an assignment agreement in the form attached as Schedule "C" and with the consent of the Landlord as evidenced by the Landlord's execution of that agreement, which said consent the Landlord may unreasonably withhold. ARTICLE 11 INDEMNITY, LIENS 11.1 LANDLORD'S INDEMNITY The Landlord shall indemnify and save harmless the Tenant of and from all loss and damage and all claims, costs, demands, expenses, fines, liabilities and suits of any kind or nature for which the Tenant shall or may become liable, incur or suffer by reason of the wrongful act or omission, default or negligence of the Landlord or any of its agents, contractors or employees. 11.2 TENANT'S INDEMNITY The Tenant shall indemnify and save harmless the Landlord of and from all loss and damage and all claims, costs, demands, expenses, fines, liabilities and suits of any kind or nature for which the Landlord shall or may become liable, incur or suffer by reason of the wrongful act or omission, default or negligence of the Tenant or any of its agents, contractors or employees. 11.3 LIENS The Tenant will, immediately upon demand by the Landlord, remove or cause to be removed, and thereafter institute and diligently prosecute any action pertinent thereto, any builder's or other lien or claim of lien noted or filed against or otherwise constituting an encumbrance on any title of the Landlord. Without limiting the foregoing obligations of the Tenant, the Landlord may cause the same to be removed, in which case the Tenant shall pay to the Landlord as Additional Rent the cost thereof, including the Landlord's complete legal costs. ARTICLE 12 DEFAULT, REMEDIES, TERMINATION 12.1 DEFAULT If and whenever: (a)the Tenant shall be in default in the payment of any money, whether hereby expressly reserved or deemed as rent, or any part thereof, and such default shall continue for ninety (90) days following any specific due date on which the Tenant is to make such payment or, in the absence of such specific due date, for the ninety (90) days following written notice by the Landlord requiring the Tenant to pay the same; or (b)the Tenant's leasehold interest hereunder, or any goods, chattels or equipment of the Tenant located in the Recreation Centre, shall be taken or seized in execution or attachment, or if any writ of execution shall issue against the Tenant, or the Tenant shall become insolvent or commit an act of bankruptcy or become bankrupt or take benefit of any Act that may be in force for bankrupt or insolvent debtors or become involved in voluntary or involuntary winding up, dissolution or liquidation proceedings, or if a receiver shall be appointed for the affairs, business, property or revenues of the Tenant; or (c)the Tenant shall vacate or abandon the Recreation Centre, or fail or cease to continuously operate pursuant to Article 7 or the Operating Agreement or use or permit or suffer the use of the Recreation Centre for any purpose other than as set forth in Article 7 or the Operating Agreement, or fail to remedy or rectify an act or omission pursuant to Article 7; or (d)the Tenant shall not observe, perform and keep each and every of the covenants, agreement, stipulations, obligations, conditions and other provisions of this Lease to be observed, performed and kept by the Tenant and shall persist in such default, in the case of monetary payments, beyond the ninety (90) day period stipulated in paragraph (a) aforesaid or, in the case of any other default, after thirty (30) days following written notice from the Landlord requiring that the Tenant remedy, correct or comply or, in the case of any such default which would reasonably require more than thirty (30) days to rectify, unless the Tenant shall commence rectification within the said thirty (30) day notice period and thereafter promptly and diligently and continuously proceed with the rectification of any such default; then, and in each of such cases, and at the option of the Landlord, this Lease may be terminated and the Term shall then immediately become forfeited and void, and the Landlord may without notice or any form of legal process whatever forthwith re-enter the Recreation Centre or any part thereof and in the name of the whole repossess and enjoy the same as of its former estate, anything contained herein or in any statute or law to the contrary notwithstanding. 12.2 LANDLORD MAY PERFORM If the Tenant shall fail to observe, perform or keep any of the provisions of this Lease to be observed, performed and kept by the Tenant, the Landlord may, but shall not be obliged to, at its discretion and without prejudice, rectify the default of the Tenant, whether or not performance by the Landlord on behalf of the Tenant is otherwise expressly referred to in the applicable Section of this Lease. For such purpose the Landlord may make any payment and/or do or cause to be done such things as may be required including, without limiting the generality of the foregoing, entry upon the Recreation Centre. Any such performance by or at the behest of the Landlord shall be at the expense of the Tenant and the Tenant shall pay to the Landlord as Additional Rent the cost thereof. 12.3 DISTRESS If and whenever the Tenant shall be in default in the payment of any money, whether hereby expressly reserved or deemed as rent, or any part thereof, the Landlord may, without notice or any form of legal process whatever, enter upon the Recreation Centre and seize, remove and sell the Tenant's goods, chattels and equipment there from and/or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Recreation Centre, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress. 12.4 COSTS AND INTEREST All costs, expenses, and expenditures including, without limitation, the complete legal costs incurred by the Landlord as a result of any default by the Tenant shall forthwith on demand be paid by the Tenant as Additional Rent together with interest, at the rate of eight percent (8%) per annum calculated monthly from the date any such costs, expenses, and expenditures are incurred by the Landlord until the same are fully paid and satisfied. 12.5 VACATE UPON TERMINATION, SURVIVAL At the termination of this Lease, whether by effluxion of time or otherwise, the Tenant shall vacate and deliver up possession of the Recreation Centre in the same condition as the Recreation Centre was in upon delivery of possession to the Tenant, subject to the exceptions from the Tenant's obligation to repair in accordance with Section 8.2, and subject to the Tenant's rights and obligations in respect of removal in accordance with Section 9.2, and shall surrender all keys to the Recreation Centre to the Landlord at the place then fixed for payment of rent.The indemnity agreements contained in Article 11 shall survive the termination of this Lease. 12.6 ADDITIONAL RIGHTS ON RE-ENTRY If the Landlord shall re-enter the Recreation Centre or terminate this Lease, then: (a)notwithstanding any such termination or the Term thereby becoming forfeited and void, the provisions of this Lease relating to the consequences of termination shall survive; (b)the Landlord may use such force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Recreation Centre and the Tenant hereby releases the Landlord from all actions, proceedings, claims and demands whatsoever for or in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon; (c)the Landlord may re-let the Recreation Centre or any part thereof for a term or terms which may be less or greater than the balance of the Term and may grant reasonable concessions in connection therewith. 12.7 NO WAIVER No provisions of this Lease shall be deemed to have been waived by the Landlord unless a written waiver from the Landlord has first been obtained and, without limiting the generality of the foregoing, no acceptance of rent subsequent to any default and no condoning, excusing or overlooking by the Landlord on previous occasions of any default nor any earlier written waiver shall be taken to operate as a waiver by the Landlord or in any way to defeat or affect the rights and remedies of the Landlord. 12.8 REMEDIES CUMULATIVE No reference to or exercise of any specific right or remedy by the Landlord shall prejudice or preclude the Landlord from any other remedy, whether allowed at law or in equity or expressly provided for herein. No such remedy shall be exclusive or dependent upon any other such remedy, but the Landlord may from time to time exercise any one or more of such remedies independently or in combination. Without limiting the generality of the foregoing, the Landlord shall be entitled to commence and maintain an action against the Tenant to collect any rent not paid when due, without exercising the option to terminate this Lease pursuant to Section 12.1. ARTICLE 13 GENERAL PROVISIONS 13.1 APPROVALS No provision in this Lease requiring the Landlord's consent or approval shall be deemed to have been fulfilled or waived unless the written consent or approval of the Landlord relating to the particular matter or instance has first been obtained and, without limiting the generality of the foregoing, no prior consent or approval and no condoning, excusing or overlooking by the Landlord on previous occasions when such a consent or approval was required shall be taken to operate as a waiver of the necessity of such consent or approval whenever required under this Lease. 13.2 LANDLORD'S PERFORMANCE Notwithstanding anything in this Lease to the contrary, neither the Landlord or Tenant shall be deemed to be in default in respect of the performance of any of the terms, covenants and conditions of this Lease if any failure or delay in such performance is due to any strike, lockout, civil commotion, war-like operation, invasion, rebelling, hostilities, military or usurped power, sabotage, governmental regulations or controls, Act of God, or other cause beyond the control of the Landlord or the Tenant as the case may be. 13.3 SOLE AGREEMENT AND SURVIVAL OF AGREEMENT TO LEASE This Lease and any agreement to lease pertaining to the Recreation Centre executed and delivered by or on behalf of the Landlord and the Tenant set forth all of the warranties, representations, covenants, promises, agreements, conditions and understandings between the parties concerning the Recreation Centre and there are no warranties, representations, covenants, promises, agreements, conditions or understandings, either oral or written, express or implied, between them other than as set forth in this Lease. 13.4 MODIFICATIONS Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the parties unless reduced to writing and signed by the parties. 13.5 APPLICABLE LAW This Lease shall be governed and construed by the Laws of the Province of British Columbia. 13.6 CONSTRUED COVENANT, SEVERABILITY All of the provisions of this Lease are to be construed as covenants and agreements. Should any provision of this Lease be or become illegal, invalid or not enforceable, it shall be considered separate and severable from this Lease and the remaining provisions shall remain in force and be binding upon the parties hereto and be enforceable to the fullest extent of the law. 13.7 TIME Time shall be of the essence hereof. 13.8 NOTICE (a)Any notice to be given hereunder shall be in writing and may be either delivered personally or sent by prepaid, registered or certified mail and, if so mailed, shall be deemed to have been given five (5) days following the date upon which it was mailed. The addresses of the parties for the purpose hereof shall be, in the case of the Landlord, the address of the Landlord first above set out, and in the case of the Tenant, the address first above set out above or at the address of the Recreation Centre. Notwithstanding the foregoing, during the currency of any interruption in the regular postal service, any notice to the Tenant may be left at the Recreation Centre and shall be effective upon being so left. (b)Any party hereto may at any time give notice in writing to another of any change of address of the party giving such notice and from and after the second day after the giving of such notice, the address therein specified shall be deemed to be the address of such party for the giving of notices hereunder. 13.9 INDEX,HEADINGS The index and headings in this Lease are to be inserted for convenience or reference only and shall not affect the construction of this Lease or any provision hereof. 13.10 NUMBER AND GENDER Whenever the singular or masculine or neuter is used in this Lease, the same shall be construed to mean the plural or feminine or body corporate where the context to this Lease or the parties hereto may so require. 13.11 SUCCESSORS BOUND All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors and assigns of the said parties. IN WITNESS WHEREOF the Landlord and Tenant have executed this Lease as of the day and year first above written. CITY OF MAPLE RIDGE by its authorized signatory: Corporate Officer Date: RIDGE MEADOWS SENIORS SOCIETY by its authorized signatories: Title ___________________ Title Date: SCHEDULE "B" Section 7.10 Capital Expenditures for which tenant is not Responsible –Comprehensive Reserve Fund Study – Panorama, Strata Plan LMS 4011 (dated October 3, 2011) Available upon request This Assignment made the AMONG: AND: AND: SCHEDULE "ki Section 10.1 [Assignment Agreement] day of , 20_ RIDGE MEADOWS SENIORS SOCIETY, a society duly Incorporated under the SocietyAct of the Province of British Columbia under number S-0039647 and having an address at 12150 224t" Street, Maple Ridge, B.C., V2X 3N8 (hereinafter called the "Assignor") (hereinafter called the "Assignee") CITY OF MAPLE RIDGE, a municipality pursuant to the laws of British Columbia having an addI ess at 11995 Haney Place, Maple Ridge, B.C., V2X 6A9 (hereinafter called the "City") WHEREAS: A. By a lease dated for reference January 1, 2015 between the City and the Assignor and attached hereto as Schedule "A" (hereinafter called the "Lease"), the City leased to the Assignor the Recreation Centre as defined in the Lease; B. The Assignor has agreed to assign the Lease to the Assignee as of (hereinafter called the "Closing Date") and the Assignee has agreed to accept such assignment; C. Section 10.1 of the Lease requires the consent of the City to any such assignment of the Lease as evidenced by the City's execution of this Agreement, and the Assignor and the Assignee have requested that the City grant its consent; NOW THEREFORE THIS AGREEMENT witnesses that in consideration of the premises and other good and valuable consideration (the sufficiency and receipt of which are hereby specifically_ acknowledged), the parties hereto covenant and agree as follows. 1. The Assignor hereby, absolutely and unconditionally, assigns, transfers and sets over unto the Assignee, as of the Closing Date, all of the Assignor's right, title and interest, both at law and in equity, in and to the Recreation Centre and in the Lease. 2. The Assignor covenants with the Assignee that the Lease is a valid and subsisting lease, that the rent has been duly paid, that the covenants, provisos and conditions thereof have been duly observed and performed up to the date hereof, that the Assignor is entitled to assign the Lease, that subject to the payment of the rent and the observance and performance of the covenants, provisos and conditions of the Lease the Assignee may enjoy the Recreation Centre for the residue of the term of years and any renewal thereof, without interruption by the Assignor or any person claiming through him, and that the Assignor shall at all times hereafter at the request and cost of the Assignee execute such further assurances in respect of this assignment as the Assignee may reasonably require. 3. The Assignee covenants with the Assignor that the Assignee will throughout the residue of the term of the Lease and any renewal thereof, pay the rent as reserved at the times and in the manner provided in the Lease and observe and perform the covenants, provisos and conditions on the part of the tenant therein set forth and will indemnify and save harmless the Assignor from all actions, suits, costs, losses, damages and expenses in respect of such covenants, conditions and agreements. 4. The City hereby consents to the assignment by the Assignor to the Assignee of the Assignor's interest in the Lease, and acknowledges that to the best of its knowledge the Assignor is not now in default under the terms of the Lease. 5. Nothing herein contained shall in any way affect or prejudice the rights of the City as against the Assignor, its successors, administrators and assigns, or as against any party to the Lease or as against any surety or any other person, for the obligations fully to perform all the terms, covenants and conditions of the Lease. 6. The consent of the City herein shall not be deemed to authorize any further or other assignment or subletting of the Lease, or the granting of any right or licence of possession or occupancy of the Recreation Centre, without the prior written consent of the City, and subject always to the terms and conditions set out in the Lease. 7. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their successors and assigns. IN WITNESS WHEREOF the corporate seals of the parties hereto have been affixed in the presence of their respective duly authorized officers as of the day and year first above written. RIDGE MEADOWS SENIORS SOCIETY by its authorized signatories: Title Title Date: C/S [ASSIGNEE NAME] by its authorized signatories: Title Title Date: Name: CITY OF MAPLE RIDGE by its authorized signatory: Corporate Officer Date: City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: 2015-01-19 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: Maple Ridge-Pitt Meadows Arts Council Lease Agreement EXECUTIVE SUMMARY: The Arts Council lease agreement is due for renewal. The Maple Ridge-Pitt Meadows Parks & Leisure Services Commission reviewed the agreement at its meeting of January 8, 2015 and is forwarding a recommendation to Council for consideration. RECOMMENDATION: That the Corporate Officer be authorized to execute the Maple Ridge Pitt Meadows Arts Council Lease Agreement 2015 - 2017. “Original signed by Kelly Swift” _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Recreation Services “Original signed by Jim Rule” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer :ik Attachment: Arts Council Lease Agreement 1152 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx ARTS CENTRE LEASE This LEASE dated as of this 1st day of January 2015 BETWEEN: CITY OF MAPLE RIDGE, a Municipality incorporated under the laws of the Province of British Columbia, having its offices at 11995 Haney Place, Maple Ridge, B.C., V2X 6A9 (the “Landlord”) OF THE FIRST PART AND: MAPLE RIDGE AND PITT MEADOWS ARTS COUNCIL, a Society duly incorporated under the Societies Act of the Province of British Columbia under number S-9295, and having an office at 11944 Haney Place Maple Ridge, B.C. V2X 6G1 (the “Tenant”) OF THE SECOND PART WHEREAS: A. The Landlord is the fee simple owner of that certain building having a municipal address of 11994 Haney Place, shown on the sketch plan attached hereto as Schedule “A”, and known as the Arts Centre, Theatre and Gallery and herein referred to as “the Premises”. B. The Tenant wishes to Lease the Premises from the Landlord and the Landlord wishes to grant this Lease to the Tenant. NOW THEREFORE in consideration of the covenants and the Premises, the Landlord hereby Leases the Premises to the Tenant for the Term on the terms and conditions set out in this Lease: 1.0 INTERPRETATION 1.1 Rights And Obligations All the Landlord's and Tenant's rights and obligations under this Lease will apply throughout the Term, subject to extension or abridgement according to the terms of this Lease. 1.2 Dispute Resolution Where there is an unresolved dispute arising out of this Lease, the parties shall in good faith attempt to resolve the dispute and if the parties are unable to resolve the dispute within a 10-day period following notification from one party to the other of a dispute then the dispute shall be resolved by arbitration in accordance with the procedures under the Commercial Arbitration Act (British Columbia), or any successor legislation in effect from time to time. 2 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 1.3 Net Lease Unless otherwise expressly stipulated herein to the contrary, it is the intention of this Lease that all expenses, costs, payments and outgoings incurred in respect of the Premises or for any other matter or thing affecting the Premises shall be borne by the Tenant, that the Rent herein shall be free of all abatements, withholding, reduction, release or discharge, set -offs or deductions of any kind or affected by any event, occurrence, circumstance or otherwise and despite any law or statute now or in the future to the contrary, and shall be absolutely net to the Landlord of real property taxes, charges, rates or assessments, expenses, costs, payments or outgoings of every nature arising from or related to the Premises and that the Tenant shall pay or cause to be paid all such taxes, charges, rates, assessments, expenses, costs, payments and outgoings. The Tenant will also pay its costs of carrying out its obligations under this Lease. 1.4 Entire Agreement No verbal, written, express, or implied representations, warranties, guarantees, covenants or agreements of either the Landlord or the Tenant will survive the signing of this Lease unless they are set out in this Lease. This Lease may not be modified or amended except by an express written agreement, made after the Lease has been executed. 1.5 Definitions In this Lease: (a) "Additional Rent" means: (i) all other amounts due and payable by the Tenant hereunder other than Basic Rent, whether or not specifically referred to as Rent; (ii) all monies to be paid by the Tenant to the Landlord pursuant to the Arts Centre Operating Agreement and all costs, expenses, losses and damages suffered by the Landlord as a result of any breach of the Arts Centre Operating Agreement by the Tenant (b) “Arts Centre Operating Agreement” means that certain agreement made between the Tenant, the Landlord and the City of Pitt Meadows, made as of the 1st day of January 2015, annexed hereto as Schedule “B”. (c) "Basic Rent" as of any particular time means the net basic rental provided for in this Lease as specified in Section 3.2 of this Lease together with any other and additional amounts which are herein expressed to be added to and made part of Basic Rent, other than Additional Rent. (d) "Commencement Date" means the 1st day of January 2015. (e) "Day" or "Days" means a calendar day or calendar days. 3 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx (f) "End of the Term" means the day that is the last day of the Term of this Lease, being December 31, 2017. (g) “Event of Delay” means any event or circumstance, regardless of whether it was foreseeable, that prevents a party from performing any of its obligations under this Lease, other than an obligation to pay money, a party that uses reasonable efforts to do so, except that an Event of Delay will not include a party’s financial hardship, an increase in prices, or a change of law. (h) "Government Body" means any municipal, provincial, federal, school, or other public statutory authority, or department or agency thereof. (i) "Hazardous Substances" means any substance which is hazardous to persons or property and includes, without limiting the generality of the foregoing: (i) radioactive materials; (ii) explosives; (iii) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent that it is detrimental to its use by man or by any animal, fish or plant; (iv) any solid, liquid, gas or odor or combination of any of them that, if emitted into the air, would create or contribute to the creation of a condition of the air that: (A) endangers the health, safety or welfare of persons or the health of animal life; (B) interferes with normal enjoyment of life or property; (C) causes damage to plant life or to property; or (D) toxic substances; and (v) substances declared to be hazardous or toxic or special waste under any law or regulation now or hereafter enacted or promulgated by any Government Body having jurisdiction over the Landlord, the Tenant or the Premises. (j) “Landlord’s Capital Replacement Fund” means the fund established by the Landlord to provide a source of funds to implement the Landlord’s Capital Replacement Plan. (k) “Landlord’s Capital Replacement Plan” means the capital replacement plan prepared by the Landlord for the Premises, for those improvements constructed or installed by the Landlord to the Premises. (l) "Landlord’s Lands" means the lands legally described as: 4 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx Lot 118, Except Firstly: Part subdivided by Plan 68843, Secondly: Part Subdivided by Plan LMP46699 and Thirdly: Part Subdivided by Plan LMP46997, District Lot 398 and 401, Group 1, NWD, Plan 60552. (m) “Lease” means this document and the attached schedules. (n) "Leasehold Improvements" means all improvements, alterations, partitions, or fixtures from time to time installed for or by the Tenant in the Premises, except for furniture and readily removable trade fixtures and equipment which are not hard wired or plumbed. (o) "Operating Expenses" means all costs and expenses in connection with the operation and maintenance of all or any portion of the Premises and, without restricting the generality of the foregoing, includes all costs relating to insurance, life safety systems, charges for water, gas, air conditioning, electricity and other utilities, salaries and wages and all independent service contracts and supplies incurred in cleaning, maintenance, garbage collection and disposal, operation, security, repairs, renovations and maintenance of all portions of the Premises and operating systems excluding heating, ventilation and air conditioning. (p) "Premises" means the building located on a portion of the Landlord’s Lands as more particularly delineated in dimensional heavy black lines shown on th e plan attached hereto as Schedule "A" together with all replacements, alterations, additions, changes, improvements or repairs thereto. (q) "Prime Rate" means the annual percentage rate of interest established from time to time by the Bank of Montreal or any successor thereto as the base rate that will be used to determine rates of interest charged by it for Canadian dollar loans to customers in Canada and designated by the Bank of Montreal as its prime rate. (r) "Rent" means collectively, Basic Rent and Additional Rent. (s) "Taxes" means all taxes, fees, levies, charges, assessments, rates, duties, and excises whatsoever which are now or may hereafter be levied, imposed, rated, charged or assessed upon or with respect to the Premises, or any part thereof or any personal property of the Landlord used therefore whether levied, imposed, rated, or assessed by any government body or otherwise, and whether or not now customary or in the contemplation of the parties on the date of this Lease and all interest and penalties relating thereto. Without restricting the generality of the foregoing, Taxes shall include all: (i) real property taxes, general and special assessments, and capital taxes; (ii) taxes, fees, levies, charges, assessments, rates, duties, and excises for transit, housing, schools, police, fire, or other governmental services, or for purported benefits to the Premises; (iii) local improvement taxes, service payments in lieu of taxes, and taxes, fees, levies, charges, assessments, rates, duties, and excises, however described, 5 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx that may be levied, rated, or assessed as a substitute for, or as an addition to, in whole or in part, any property taxes or local improvement taxes; (iv) costs and expenses, including legal and other professional fees and interest and penalties on deferred payments, incurred by the Landlord in contesting or appealing any taxes, assessments, rates, levies, duties, excises, charges, or other amounts as aforesaid; but Taxes shall exclude all of the following: (i) income tax under Part I of the Income Tax Act (Canada) as it existed on the Commencement Date to the extent that such taxes are not levied in lieu of such Taxes; and (ii) the Tenant's Taxes. (t) "Tenant's Taxes" means all taxes, fees, levies, charges, assessments, rates, duties, and excises which are now or may hereafter be levied, imposed, rated, or assessed by any lawful authority relating to or in respect of the business or other activities carried on by the Tenant or relating to or in respect of personal property and all business and trade fixtures, machinery and equipment, cabinet work, furniture, and movable partitions owned or installed b y the Tenant at the expense of the Tenant or being the property of the Tenant. (u) "Term" means a term of 3 years starting on January 1, 2015. (v) "Utility Costs" shall mean all charges for water, gas, telephone, electric light and power, and all other utilities and services used on or in respect of the Premises or any part thereof, whether separately metered to the Premises or as allocated by the Landlord, acting reasonably to the Premises together with all costs and charges for all fittings, machines, apparatus, meters, and any other thing leased or supplied in respect thereof and all costs and charges for all work and services performed by any corporation, authority, or commission in connection with such utilities and services in respect of the Premises, whether separately charged to the Premises or allocated by the Landlord, acting reasonably, to the Premises. 1.6 Currency All references to money are to lawful currency of Canada. 1.7 Severability If any provision of this Lease is prohibited, it will be severed and will not invalidate or render unenforceable the balance of the provisions which will contin ue in full force and effect. 1.8 Governing Law This Lease will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. 1.9 Construction 6 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx Singulars will include plurals and masculine will include feminine and neuters, and vice - versa. If the word "including" is used, the words "without limiting the generality of the foregoing" will be deemed to follow. Headings are for convenience of reference only. 2.0 EARLY POSSESSION AND DEMISE 2.1 Early Possession If the Tenant uses or occupies the Premises before the Commencement Date, the provisions of this Lease including the obligation to pay Rent pro-rated as described in section 3.5, will apply, provided however the Term will be calculated by reference to the actual Commencement Date. 2.2 Demise In consideration of the rents, covenants and agreement hereinafter reserved and contained on the part of the Tenant to be respectively, paid, observed and performed, the Landlord does demise and Lease to the Tenant for the Term and upon the conditions herein contained. 3.0 BASIC RENT AND ADDITIONAL RENT 3.1 Paying Rent The Tenant will pay Rent when due and payable hereunder without deduction, abatement, or set-off. 3.2 Basic Rent The Tenant will pay the Landlord Basic Rent in the amount of Eighty Thousand Dollars ($80,000.00) per annum in monthly installments of Six Thousand Six Hundred Sixty Six and Sixty Six cents ($6,666.66) on the first day of each month of the Term, the first of such payments to be made on the Commencement Date. 3.3 Additional Rent 3.3.1 The Tenant will pay all Additional Rent on the last day of each month unless other times for its payment are expressly set out in this Lease. If the Tenant fails to pay any Additional Rent, as and when due, the Landlord will have the same remedies for its collection as it has for recovering Basic Rent in arrears. If the Tenant fails to pay any sum which the Tenant is obliged to pay, then subject to Section 9.1, the Landlord may pay it and it will then be a debt owing by the Tenant to the Landlord. 3.3.2 The Tenant shall pay or cause to be paid all Utility Costs, Tenant’s Taxes and Operating Expenses directly to the Government Body or other utility, agency or company levying such charge at the time any such Utility Cost, Tax or Operating Expense is due or as the Landlord may direct, and provide the Landlord with proof of payment on demand. If the Tenant fails to pay such amounts, the Landlord may, but is not obliged to, pay such amount and the Tenant shall pay to the Landlord the amount of any such payment as Additional Rent. 7 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 3.4 Interest on Arrears When the Rent, or any other amounts payable hereunder by the Tenant to the Landlord shall be in arrears, such amounts shall bear interest, including interest on overdue interest at the greater of (i) the Prime Rate plus 1.5% per annum calculated monthly not in advance and (ii) 5%, from the date due until paid irrespective of whether or not the Landlord has demanded payment. The Landlord shall have all the remedies for the collection of such interest, if unpaid after demand, as in the case of Rent in arrears, but this stipulation for interest shall not prejudice or affect any other remedy by the Landlord under this Lease. 3.5 Irregular Periods If the Term begins or ends other than on the first or last day of a month or if the first or last fiscal period or tax period is less than 12 months, Rent for any broken month or broken period will be pro-rated at a rate per day equal to 1/365 of the annual Rent. 3.6 Applicable Taxes The Tenant shall pay, in addition to any other amounts due in hereunder, those Taxes (if any) properly assessed and levied in accordance with law by any Government Body and all taxes on such sums which fall due under this Lease, including without limitation , Goods and Services Tax and Social Services Tax in the manner and at such times as are required by law. The Tenant acknowledges that all amounts referred to in this Lease are gross amounts, net of tax, and that all taxes are in addition to those amounts and are not included in them. 3.7 Delinquent Taxes If the Tenant shall in any year during the Term fail to pay the Tenant's Taxes pursuant to section 3.3.2 or other applicable taxes pursuant to section 3.6, when due the Tenant shall thereupon pay interest on such overdue amounts at the rates prescribed or established by the applicable legislation or Government Body, from the date due until paid irrespective of whether the Landlord has demanded payment. 4.0 THE PREMISES 4.1 Possession and Use of Premises The Tenant will: (a) take occupancy of the Premises on the Commencement Date, and at the request of the Landlord, sign an acknowledgment as to the Commencement Date; (b) manage and operate the Premises in accordance with the terms herein and the terms of the Arts Centre Operating Agreement; (c) not allow anyone except for its employees, clients and other persons lawfully having business with the Tenant, or permitted sub-tenants, to use or occupy the Premises; 8 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx (d) use the Premises only for use as an arts centre for arts and culture programs and services pursuant to the Arts Centre Operating Agreement; (e) use and operate the facilities and the services existing within the Premises in a first class manner in keeping with the standards maintained by other similar facilities i n the Metro Vancouver region; (f) not let the Premises remain vacant for more than four consecutive Days; (g) not cause any waste or damage to the Premises; (h) not let the Premises become untidy or unsightly, and at the end of each day leave them in such condition that they are clean and tidy; (i) in respect of the Tenant’s activities on the Premises, at its own cost and expense, comply with all applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations or orders from time to time in force relating to the Landlord, the Tenant, the activities carried out on the Premises or any part thereof relating to Hazardous Substances and the protection of the environment and shall immediately give written notice to the Landlord of the occurrence of any event on the Premises or the Landlord’s Lands or any part thereof constituting an offence thereunder or be in breach thereof and shall not bring upon the Premises, the Landlord’s Lands, or any part thereof, or cause or suffer the bringing upon the Premises or the Landlord’s Lands or any part thereof, any Hazardous Substances and, if at any time, notwithstanding the foregoing covenants of the Tenant; (i) there are any Hazardous Substances upon the Premises or the Landlord’s Lands or a part thereof as a result of the Tenant’s use, occupation of or activities on the Premises; (ii) there is an occurrence of any event on the Premises or the Landlord’s Lands or any part thereof arising from the Tenant’s activities, operations, use or occupation of or on the Premises constituting an offence under or a breach of any applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations and orders from time to time in force relating to Hazardous Substances; the Tenant shall, at its own expense: (iii) immediately give the Landlord notice to that effect and thereafter give the Landlord from time to time written notice of the extent and nature of the Tenant's compliance with the following provisions of this section; (iv) promptly remove the Hazardous Substances from the Premises or the Landlord’s Lands or any part thereof in a manner which conforms with all applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations and orders governing the movement of the same; and 9 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx (v) if requested by the Landlord, obtain at the Tenant's cost and expense from an independent consultant designated or approved by the Landlord, verification of the complete and proper removal of the Hazardous Substances from the Premises or the Landlord’s Lands, or any part thereof or, if such is not the case, reporting as to the extent and nature of any failure to comply with the foregoing provisions of this section; (j) at the Tenant's own expense, remedy any damage to the Premises or to the Landlord’s Lands where damage arises from the Tenant’s activities, use, occupation or operation of or on the Premises; (k) if any Government Body having jurisdiction shall require the clean-up of any Hazardous Substances held, released, spilled, abandoned or placed upon the Premises or the Landlord’s Lands or any part thereof or released into the environment from the Premises or the Landlord’s Lands or any part thereof during the Term by the Tenant or arising from the Tenant’s use and occupation of, and operations and activities on the Premises, then the Tenant shall, at its own expense, prepare all necessary studies, plans and proposals and submit the same for approval, provide all bonds and other security required by that Government Body having jurisdiction and carry out the work and shall keep the Landlord fully informed and provide to the Landlord full information with respect to proposed plans and comply with the Landlord's requirements with respect to such plans. The Tenant agrees that if the Landlord determines, in its sole discretion, that the Landlord, its property or its reputation is placed in any jeopardy by the requirement for any such work, the Landlord may itself undertake such work or any part thereof at the cost and expense of the Tenant; (l) provide authorizations to permit the Landlord to make enquiries from time to time of any Government Body with respect to the Tenant's compliance with any and all laws and regulations pertaining to the Tenant, the Tenant's activities on the Premises or the Landlord’s Lands or any part thereof including without limitation all applicable municipal, regional, provincial and federal legislative enactments, by-laws, regulations and orders pertaining to Hazardous Substances and the protection of the environment; and the Tenant covenants and agrees that the Tenant will from time to time provide to the Landlord such written authorization as the Landlord may require in order to facilitate the obtaining of such information; (m) permit the Landlord at any time and from time to time to inspect the Tenant's property and equipment used by the Tenant upon the Premises or the Landlord’s Lands or any part thereof and the Tenant's records relating thereto for the purpose of identifying the existence or absence of any Hazardous Substances and the Tenant shall assist the Landlord in so doing; (n) if the Tenant shall bring or create upon the Premises or the Landlord’s Lands any Hazardous Substances or suffer the bringing or creation upon the Premises or the Landlord’s Lands of any Hazardous Substances or if the Tenant shall cause there to be any Hazardous Substances upon the Premises or the Landlord’s Lands, then, notwithstanding any rule of law or equity to the contrary such Hazardous Substances shall be and remain the sole and exclusive property of the Tenant an d shall not 10 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx become the property of the Landlord and notwithstanding the degree of affixation of the Hazardous Substances or the goods containing the Hazardous substances to the Premises or the Landlord’s Lands and notwithstanding the expiry or earlier termination of this Lease; (o) the obligations of the Tenant in subsections 4.1(g), 4.1(h), 4.1(i), 4.1(j), 4.1(l), and 4.1(n) inclusive shall survive the End of the Term; (p) to make the Premises available to the Landlord for its functions at mutually agreed upon times when the Tenant does not require the Premises for scheduled programs and rentals during non-prime times (generally July, August and first three weeks in September and/or when arts centre facilities are reasonably available). Specifically the Landlord shall have access to the Premises as follows:  Booking, at no charge, for municipal events and programs: i) One use of the full Premises per year including main stage theatre and breakout rooms, and ii) Three studio theatre uses per year; and  Booking at a discounted rental fee at government rates negotiated between the two parties for additional bookings. The Landlord will not sublet or rent the Premises to a third party. The Landlord shall reimburse the Tenant for any out of pocket or hard expenses incurred, beyond those costs normally covered in the rental fee, resulting from the Landlord’s use of the facility (e.g. tech crew, front of house, janitorial staff). The Landlord’s staff liaison will be the assigned representative to communicate the Landlord’s use requests with designated Tenant staff. 4.2 Complying with Laws (a) The Tenant covenants to obtain and maintain all required licences, permits and consents and shall competently and faithfully observe and comply with all laws, by- laws and lawful orders which touch and concern the Premises or the Landlord’s Lands or any part thereof or the Tenant's activities within the Premises or the Landlord’s Lands or any part thereof. (b) Without derogating from the generality of the foregoing, the Tenant covenants that, throughout the Term, the Tenant will comply and abide by all municipal, regional, provincial and federal legislative enactments, by-laws, regulations, orders and any municipal conversion guidelines which relate to the Premises, or to the equipment, maintenance, operation, occupation, or to the construction of the Premises and the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises or any part thereof. 4.3 Tenant’s Quiet Enjoyment If the Tenant duly and punctually pays the Rent and complies with its obligations, the Tenant will be entitled to peaceably possess and enjoy the Premises during the Term. 11 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 4.4 Additional Easements - Landlord’s Lands The Tenant acknowledges and agrees that the Landlord may grant or allow easements, statutory rights of way, licenses, or other agreements for access purposes or to provide for services and facilities in connection with the Landlord ’s Lands, and agrees that the Tenant's rights under this Lease shall be subject to any such easements, statutory rights of way, licenses, or other agreements and notwithstanding any terms of this Lease hereunder the Landlord may enter into such agreements and grant such rights. 5.0 DISPOSITIONS 5.1 Assigning And Sub-Letting The Tenant will not assign this Lease or sub-let or part with possession of the whole or any part of the Premises for the whole or any part of the Term without the written consent of the Landlord, which consent shall be in the sole and unfettered discretion of the Landlord, provided that the Tenant may allow a portion of the Premises to be used and occupied under license to third parties for scheduled programming and rentals as a community arts and culture facility. 5.2 Landlord's Assignment The Tenant acknowledges and agrees that the Landlord may assign, sell, transfer, lease, mortgage, encumber or otherwise deal with its interest in the Premises or any portion thereof, or any interest of the Landlord therein, in every case without the consent of the Tenant. 5.3 Mortgaging The Tenant shall not mortgage or charge this Lease, or otherwise encumber its leasehold interest in the Premises, or any part thereof and will not charge, mortgage or otherwise pledge its fixtures, chattels, furniture, or equipment used and located on the Premises. 6.0 REPAIRS, RENOVATIONS. DAMAGE AND EXPROPRIATION 6.1 Landlord's Tangible Capital Replacement (a) The Landlord's obligation to repair or replace the Premises is restricted to those obligations and requirements set out in the Landlord's Capital Replacement Plan. With respect to any tangible capital replacement, the Landlord shall cause such repair or replacement to be undertaken in accordance with the Landlord's Capital Replacement Plan utilizing the Landlord's Capital Replacement Fund. If any tangible capital replacement is required for the Premises, the Landlord shall cause such replacement to be commenced in the case of an emergency, as soon as practical and otherwise within 60 Days after the Tenant's notice to repair and the Landlord will repair, restore and make good such replacement and proceed diligently thereafter to the completion thereof. Both parties will review capital requirements in the inventory list at least annually to update and amend as needed. 12 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx Landlord's Structural Facility Repairs (b) The Landlord is responsible for structural facility repairs, roofing and replacement of heating, plumbing, air conditioning, electrical and ventilating systems, with a lifecycle of beyond five years and exterior glass, exterior repainting and replacement of exterior signage and floor replacements shall be funded from the capital reserve established by the Landlord for that purpose. 6.2 Tenant's Repairs The Tenant will keep the Premises in a good and reasonable state of repair and maintenance as a prudent and reputable long term tenant in accordance with the operating plan and manual and with the maintenance plan and manual, all of which were delivered by the Landlord to the Tenant. The Tenant will also keep th e Premises in good and reasonable repair, consistent with the standards for comparable facilities in the Greater Vancouver Area, reasonable wear and tear excepted. The Tenant will keep the Premises, its Leasehold Improvements and its fixtures in good repair and in a clean and safe condition, and shall be responsible for all equipment and facility operating, servicing and preventative maintenance, interior painting, and minor repairs, except for the capital replacement costs and structural facility repairs to the Premises set out in the Landlord’s Capital Replacement Plan. 6.3 Inspection and Access With 72 hours advance notice to the tenant, the Landlord’s representatives may enter the Premises from time to time and at all reasonable times, and at any time during any emergency, to: (a) inspect or supervise repair, maintenance, or renovation; (b) do its own repairs, maintenance, or renovations; and (c) gain access to utilities and services (including under floor or overhead ducts and access panels). 6.4 Tenant Renovations The Tenant will not modify, construct, install, or alter the Premises without the Landlord's prior written consent. When requesting that consent, the Tenant will give the Landlord a copy of reasonably detailed drawings and specifications for the proposed work and names of contractors and subcontractors who will perform such work. The Tenant will do such approved work at its sole cost and expense in a good and workmanlike manner, in accordance with the drawings and specifications the Landlord has approved, and in accordance with the Landlord's reasonable requirements. The Tenant will use contractors and subcontractors to whom the Landlord has consented, except that the Tenant may use its own employees provided such employees carry out such construction, installation or alteration in accordance with all manufacturers or equipment suppliers requirements and industry standards and subject to the foregoing, the Landlord may designate the contractors, and subcontractors to be used for mechanical, structural, or electrical design and work. The Landlord's reasonable costs of providing consent, inspection, and supervision with respect to 13 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx any such work are to be paid for by the Tenant as Additional Rent. Upon completing any work, the Tenant will deliver to the Landlord a full set of as-built drawings which the Landlord may keep. 6.5 Liens In connection with all labour performed on, or materials supplied to the Premises or the Landlord’s Lands, the Tenant shall comply with all the provisions of the Builders Lien Act (British Columbia) and other statutes from time to time applicable thereto (including any provision requiring or enabling the retention of portions of any sums payable by way of holdbacks) and, pursuant to the Builders Lien Act or such other statutes, shall post and keep posted and registered notices pursuant to the Builders Lien Act and in respect of the posted notices in at least two conspicuous places, on the Premises or the Landlord’s Lands obvious to workmen, material men, contractors and subcontractors, from the date of commencement of any construction until the date that is 45 Days next following the date on which the architect certifies that the improvements to the Premises or the Landlord’s Lands are substantially completed, stating that the Landlord w ill not be responsible for the improvements. Notwithstanding the foregoing, the Landlord reserves the right through the Term to enter upon the Premises at the Landlord's option for the purpose of posting and maintaining such notices. The Tenant and those claiming through the Tenant shall not remove, deface or obscure such notices. 6.6 Tenant to Discharge Lien If and whenever any builders liens or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable, or claims therefore shall arise or be filed, the Tenant shall within 15 days after receipt of notice thereof procure the discharge thereof, including any lis pendens registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law. 6.7 Tenant to Reimburse Landlord The Tenant will reimburse the Landlord for all costs of the Landlord arising out of or in any way connected with section 6.5 or 6.6 or any builder’s lien or other lien arising as a result of any activity of the Tenant under this Lease or on the Premises or the Landlord’s Lands. 6.8 Tenant's Negligence and Liability Despite section 6.1, if any part of the Premises or the Landlord’s Lands, including utilities systems, needs repair or replacement by reason of the fault, omission or negligence of the Tenant or its employees, contractors, invitees or licensees, the Tenant will be responsible for repair and restoration thereof at its own expense therefore and for any resulting or consequential injury, loss or damage whether or not such repair or replacement is covered by the Landlord's Capital Replacement Plan. 14 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 6.9 Damage or Destruction In the event of any substantial damage or the destruction to the Premises, the Landlord may in its discretion, terminate this Lease without compensation to the Tenant. 6.10 Expropriation If during the Term the whole of the Premises or any material part of the Premises shall be taken or expropriated by any public authority, then the obligation of the Tenant for the payment of rent and other charges beyond the date of vesting of title to the Premises in the public authority or the date upon which the public authority will have the right to the possession of the Premises, whichever is earlier (herein called the “expropriation date”) will cease and following the due settlement by the expropriating authority of such awards as may be payable as a result of the expropriation, this lease and all right, title and interest of the Tenant hereunder will terminate, effective as of the expropriation date. If during the Term a part of the Premises is so taken or expropriated and the remainder of the Premises is sufficient to allow the Tenant to reasonably efficiently carry on its normal business operations, then this Lease will continue in full force and effect, save and except that the Tenant will be liable for rent in respect of the part of the Premises so taken only up to the expropriation date and thereafter the Rent and other charges payable hereunder will be reduced proportionately in the reasonable determination of the Landlord on a square footage basis. All compensation and damages awarded by the expropriating authority with respect to the taking of the Premises or part thereof including any payment for diminution in value of the remainder of the Premises will belong to the Landlord and the Tenant w ill only be entitled to receive such compensation or damages as it may claim and recover from the expropriating authority in respect of the loss of occupancy, interruption and tenant’s fixtures. 7.0 SURRENDERING PREMISES AND REMOVING FIXTURES 7.1 Surrender At the end of the Term or earlier termination of this Lease, the Tenant will surrender possession of the Premises and the Tenant's Leasehold Improvements to the Landlord, without compensation, in the condition in which the Tenant was obliged to keep them during the Term. The Tenant's Leasehold Improvements will remain the Landlord's property, except for those which the Tenant is obliged to remove under Section 7.2. 7.2 Removal of Fixtures During the Term, the Tenant will not remove from the Premises its Leasehold Imp rovements, trade fixtures, furniture or equipment, except for furniture and equipment which, in the normal course of its business, is no longer needed or is being replaced by furniture or equipment of equal or better quality. 7.3 Survival The Tenant's obligations in this Section 7.0 will survive the End of the Term. 8.0 LIABILITY-INDEMNIFICATION AND INSURANCE 15 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 8.1 Limitation of Landlord's Liability The Landlord will not be liable for any bodily injury or death of, or loss or damage to any property belonging to, the Tenant or its employees, contractors, invitees, or licensees or any other person in or about the Premises, the Landlord’s Lands or any part thereof unless resulting from the Landlord's gross negligence, but in no event will the Landlord be liable for any damage caused by smoke, steam, water, ice, rain, snow, or fumes which may leak into, issue or flow from any part of the Premises, the Landlord’s Lands or any part thereof or from the plumbing works, or from any other place, or caused by the condition or arrang ement of any wiring. The Tenant shall not be entitled to any abatement of Rent in respect of any such loss, damage, injury, failure or interruption of service nor shall the same constitute an eviction. 8.2 Indemnification - General The Tenant will release, indemnify, defend and save harmless the Landlord, its elected officials, officers, employees, agents and contractors from and against any and all losses, demands, builders liens, liabilities, damages, costs, expenses, indirect or consequential damages (including loss of profits and loss of use and damage arising out of delays), causes of actions, actions, claims, suits and judgments including all costs of defending or denying the same (including all legal fees on a solicitor and own client basis), which the Landlord may incur or suffer or be put to by reason of or in connection with or arising from the Tenant’s activities on the Premises or the Landlord’s Lands, this Lease or the use and occupation of the Premises or the Landlord’s Lands, including without limitation: (a) any breach, violation or non-performance by the Tenant of any obligation contained in this Lease to be observed or performed by the Tenant; (b) any damage to the property of the Tenant, any sub-tenant, licensee, or any person claiming through or under the Tenant or any sub-tenant or licensee, or any of them, or damage to any other property howsoever occasioned by the condition, use, occupation, repair or maintenance of the Premises; (c) any injury to any person, including death, resulting at any time therefrom, occurring in or about the Premises or the Landlord’s Lands; (d) any wrongful or unlawful act or neglect of the Tenant, its invitees and licensees, in and about the Premises or the Landlord’s Lands; (e) the Premises or the Landlord’s Lands or any portion thereof not being suitable for use by the Tenant; (f) any release or alleged release of any Hazardous Substances at or from the Premises for the Landlord’s Lands+ arising or resulting from or in relation to any act or omission or of the use of occupation of the Premises by the Tenant or any person for whom in law the Tenant is responsible; 16 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx (g) the need to take any remedial action and the taking of such action as a result of Hazardous Substances on the Premises or the Landlord’s Lands or any portion thereof; or (h) any injury to any person (including death), property damage or other loss or damage including damage to property outside the Premises or the Landlord’s Lands or any portion thereof, arising out of or in any way connected with the manufacture, storage, transportation, handling or discharge of Hazardous Substances on or from the Premises. 8.3 Survival of Indemnities The obligations of the Tenant to indemnify the Landlord shall apply and continue notwithstanding the End of the Term, any termination of this Lease or breach of this Lease by the Landlord, or negligence on the part of the Landlord, its elected officials, officers, servants, agents, employers, contractors and subcontractors anything in this Lease to the contrary notwithstanding. 8.4 Tenant's Insurance The Tenant will obtain and maintain in good standing: (a) Commercial General Liability insurance against claims for personal injury, death or property damage occurring upon, in or about the Premises or the Landlord’s Lands or any portion thereof including personal liability, liability assumed by contract, Tenant's legal liability, and non-owned automobile liability. Such insurance will: (i) have a limit of not less than $5,000,000 in respect of any one occurrence; (ii) be primary insurance and will not call into contribution any other insurance available to the Landlord, which means that the Tenant's insurance will cover any loss before the Landlord's or other insurance; and (iii) provide for cross-liability and severability of interests, which means that the policy applies separately to each insured party; (b) insurance upon the Tenant's property normally located within the Premises, and any property which is repaired at the Tenant's expense under this Lease, including stock in trade, inventory, furniture, fittings, Leasehold Improvements, and Tenant's fixtures in an amount equal to the full replacement cost thereof, against at least the perils of fire, sprinkler leakage, theft, vandalism, riot, civil commotion, impact of aircraft, water damage, earthquake, flood, and any perils not mentioned above which are included in normal "all risks" coverage; (c) insurance against all explosion, rupture or failure of boilers, pressure vessels or equipment within or serving the Premises exclusively; (d) such other types of insurance as a prudent tenant would obtain from time to time. 17 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx The Tenant will obtain all such insurance in at least those amounts set out in Section 8.4 (a) as it relates to the liability insurance policies, and otherwise in those amounts a prudent owner of comparable space in a comparable building in the Greater Vancouver area would obtain and maintain from time to time. All such insurance policies will: (e) include the Tenant and the Landlord with respect to th e insurance policy specified in Section 8.4(a) as named insureds; (f) contain a waiver of any right of subrogation or recourse by the Tenant's insurer against the Landlord or its employees, agents, contractors, whether or not any loss is caused by the act, omission or negligence of the Landlord or its employees, agents, contractors; (g) provide that the insurer will give the Landlord 30 days' prior written notice of cancellation, material alteration or lapse of any policy; and (h) provide that such policies will not be invalidated with respect to the interest of the Landlord by reason of any breach or violation of any warranties, representations, declarations, or conditions contained in the policies. The Tenant will effect all such policies with insurers and upon terms satisfactory to the Landlord. The Tenant will give the Landlord certified copies of its insurance policies evidencing all such insurance and its renewal. The Tenant will pay the premium for each policy. If the Tenant fails to obtain or maintain any such insurance, the Landlord may do so as the Tenant's agent and at the Tenant's costs. The Tenant will review all its policies annually to ensure that they are up to date and will obtain and maintain such other insurance as required by the Landlord from time to time. 8.5 Landlord’s Insurance The Landlord will take out and maintain property insurance on the Premises in the amounts, for the perils and on the terms and conditions that it insures its other buildings and property. 9.0 PERFORMANCE OF TENANT'S COVENANTS, DEFAULT, BANKRUPTCY AND TERMINATION 9.1 Landlord May Perform Covenants If the Tenant defaults in complying with any of its obligations under this Lease, the Landlord, in addition to its other rights and remedies under this Lease or at law or at equity, may remedy or attempt to remedy any such default and for such purpose may enter the Premises. No such entry will be deemed to be a re-entry or trespass. The Tenant will promptly pay the Landlord on demand for the Landlord's costs, charges and expenses of so remedying or attempting to remedy together with any interest thereon. Ex cept for the Landlord's intentional acts or negligence, the Landlord will not be liable to the Tenant for any act or omission in so remedying or attempting to remedy. No notice of the Landlord's intention to perform such covenant need be given to the Tenant except if and to the extent any provision of this Lease expressly requires that notice be given in the circumstances. 18 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 9.2 Right of Re-Entry on Default or Termination If and whenever: (a) the Tenant fails to pay any Rent after it is due and after five Days' notice of late Rent from the Landlord; or (b) the Tenant defaults in observing or performing any of its obligations and fails to cure that default within 30 days after the Landlord gives the Tenant notice specifying the nature of the default, or no time for cure in the event of emergency circumstances, or where the Tenant has failed to keep in force the required insurance, or where the default is not curable; (c) the Tenant ceases to be or operate as a not-for-profit entity; (d) this Lease is terminated under any provision hereof; (e) the Landlord has become entitled to terminate this Lease; or (f) the Tenant abandons the Premises or any part thereof, then, in each and every such case, it shall be lawful for the Landlord at any time thereafter without notice or demand, with or wi thout process of law and by forced entry if necessary, to enter into and upon the Premises or any part thereof in the name of the whole, and to terminate this Lease to repossess the Premises and enjoy as of its former estate, despite anything in this Lease to the contrary. If the Landlord terminates this Lease pursuant to this Section 9.2 or otherwise as a result of default of the Tenant, the Tenant shall be liable to the Landlord for the amounts payable pursuant to Section 9.10. 9.3 Termination And Re-Entry If the Landlord is entitled to re-enter the Premises under this Lease or at law or at equity, the Landlord, in addition to its other rights and remedies, may terminate this Lease forthwith by leaving notice of such termination in the Premises. 9.4 Re-Letting If the Landlord is entitled to re-enter the Premises under this Lease or at law or at equity, the Tenant shall immediately vacate and surrender the Premises and all rights of the Tenant under this Lease to the Landlord and the Landlord, in addition to its other rights and remedies, may enter the Premises, as the Tenant's agent, and re-let them and receive the rent from that re-letting, and, as the Tenant's agent, take possession of any personal property in the Premises, or any place to which it has been remo ved, and sell it at public or private sale without notice to the Tenant, and the Landlord shall retain the proceeds and any basic rent or additional rent received from the re-letting, without prejudice to any amounts due and owing by the Tenant hereunder, all on whatever terms the Landlord may deem appropriate. 19 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 9.5 Method and Waiver on Re-Entry If the Landlord re-enters the Premises then, in addition to its other rights and remedies, it may expel the Tenant and those claiming through or under the Tenant, remove any property in the Premises, and force or change the locks, without being guilty of trespass. The Tenant waives and renounces the benefit of any present or future law requiring the Landlord to serve notice or begin legal action in order to re-enter. 9.6 Bankruptcy or Insolvency If the Term shall at any time be seized or taken in execution by any creditor of the Tenant, or if the Tenant shall make a general assignment for the benefit of creditors, or if it is dissolved, cancelled or wound up under the Society Act (British Columbia), or if it is struck from the register of societies by the British Columbia Corporate Registry, or be adjudicated a bankrupt or insolvent, or shall consent to the institution of bankruptcy or insolvency proceedings against it, or shall file an application or petition or answer or consent, seeking re-organization or re-adjustment of the Tenant under the Bankruptcy and Insolvency Act or any law of Canada or any province thereof relating to bankruptcy or insolvency, or shall consent to the filing of any such application or petition, or shall consent to the appointment of a receiver, or if the Tenant or its officials or officers shall pass any resolution authorizing the dissolution or winding-up of the Tenant, or if a receiver, interim receiver, trustee or liquidator of all or any part of the property of the Tenant shall be appointed or applied for by the Tenant, or if a judgment, decree or order shall be entered by a court of competent jurisdiction adjudging the Tenant as bankrupt or insolvent or subject to the provisions of the Bankruptcy and Insolvency Act or determining the proceedings for reorganization, arrangement, adjustment, composition, liquidation, dissolution or winding-up or any similar relief under the Bankruptcy and Insolvency Act or any law of Canada or any province thereof relating to bankruptcy or insolvency have been properly instituted, then this Lease shall at the option of the Landlord immediately become terminated. 9.7 Distress The Tenant waives and renounces the benefit of any present or future law taking away or limiting the Landlord's right of distress, and agrees that none of the Tenant's personal property will be exempt from levy by distress for Rent in arrears. 9.8 Cumulative Remedies The remedies of the Landlord specified in this Lease are cumulative and are in addition to any remedies of the Landlord at law or equity. No remedy shall be deemed to be exclusive, and the Landlord may from time to time have recourse to one or more or all of the available remedies specified herein or at law or equity. In addition to any other remedies provided in this Lease, the Landlord shall be entitled to restrain by injunction any violation or attempted or threatened violation by the Tenant of any of the covenants or agreements hereof. 9.9 Waiver and Condoning The failure of the Landlord to insist upon the strict performance of any covenant or agreement of this Lease shall not waive such covenant or agreement, and the waiver by the 20 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx Landlord of any breach of any covenant or agreement of this Lease shall not waive such covenant or agreement in respect of any other breach. The receipt and acceptance by the Landlord of Rent or other monies due hereunder with knowledge of any breach of any covenant or agreement by the Tenant shall not waive such breach. No waiver by the Landlord shall be effective unless made in writing. 9.10 Legal Fees If the Landlord exercises any of its rights or remedies as a result of the default, the Tenant will pay the Landlord's reasonable costs and out-of-pocket expenses of so exercising, including complete legal costs. 10.0 GENERAL PROVISIONS 10.1 Events of Delay If either the Landlord or the Tenant is unable to provide any service, utility, work, or repair by reason of an Event of Delay not the fault of the party delayed, the time for performing the obligation shall be extended by that period of time which is equal to length of the delay, but this shall not operate to excuse the Tenant or the Landlord from the prompt payment of any amount required under the Lease. The Landlord or the Te nant, as the case may be, will use all reasonable efforts to overcome any such Event of Delay. Neither the Landlord nor the Tenant will be entitled to compensation for any inconvenience, nuisance, or discomfort caused by such an Event of Delay, or to cancel this Lease. 10.2 Overholding This Lease will terminate at the End of the Term without notice or demand. If the Tenant stays in the Premises after the End of the Term without objection by the Landlord and without a further written agreement with the Landlord, such holding over will not constitute a renewal of this Lease. In such case, the Landlord, at its option, may elect to treat the Tenant as one who has not vacated at the End of the Term and to exercise all its remedies in that situation, or may elect to construe such holding over as a tenancy from month to month subject to all the terms of this Lease, except: (a) for Term; (b) basic rent which will be equal to two times the Basic Rent payable in advance in monthly installments on the first day of each month; and (c) that there will be no inducements or allowances, renewal rights, rent abatements, rights of refusal, rights to additional space or other like concessions or rights. This provision shall not authorize the Tenant to overhold where the Landlord has objected. 21 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 10.3 Exhibiting Premises The Landlord, during normal business hours, may exhibit the Premises to prospective tenants during the last 6 months of the Term and, at all reasonable times, to the Landlord's prospective purchasers and lenders, but, in doing, will disturb the Tenant as little as possible. 10.4 Subordination This Lease and the Tenant's rights will be subordinated and postponed to all mortgages and other financial charges which now or hereafter charge the Premises, and to all renewals, modifications, consolidations, replacements, or extensions of same, notwithstanding the respective dates of execution or registration. The Tenant, at the Landlord's cost, will execute any instrument confirming such subordination and postponement. 10.5 Certificates The Landlord and the Tenant agree that at any time and from time to time upon not less than thirty (30) days prior request by the other party, each will execute, a cknowledge and deliver to the other a statement in writing certifying: (a) that this Lease is unmodified and in full force and effect or if there have been modifications that the same are in full force and effect as modified and identifying the modifications; (b) the dates to which the Rent and other charges have been paid and the request shall specify the charges in respect of which such information is required; (c) that, so far as the maker of the statement knows, without having conducted any searches or made any particular enquiries, the party who requests the statement is not in default under any provisions of this Lease; or, if in default, the particulars thereof; and (d) any other reasonable information which is requested. 10.6 Attornment If any person shall through the Landlord succeed to the rights of the Landlord under this Lease or to ownership of the Premises, whether through possession or foreclosure or the delivery of a transfer of the Premises then, upon the request of the party succeeding to the Landlord's rights hereunder, the Tenant shall attorn to and recognize the Landlord's mortgagee or other party as the landlord of the Tenant under this Lease, and shall promptly execute and deliver any instrument that such party may reasonabl y request to evidence the attornment. In the event of any other transfer of the interest of the Landlord hereunder, upon the written request of the transferee and the Landlord, the Tenant shall attorn to and recognize the transferee as the landlord of the Tenant under this Lease and shall promptly execute and deliver any instrument that the transferee and Landlord may reasonably request to evidence the attornment provided that the transferee agrees with the Tenant to become the landlord hereunder and to assume the obligations of the Landlord hereunder that are to be performed after the transfer. 22 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 10.7 Notices Any notice, request, or demand required or permitted to be given must be in writing and will be sufficiently given if personally served or mailed by prepai d registered post as follows: (a) to the Landlord: City of Maple Ridge 11995 Haney Place Maple Ridge, British Columbia V2X 6A9 Attention: Municipal Clerk (b) to the Tenant: Maple Ridge and Pitt Meadows Arts Council 11944 Haney Place Maple Ridge, British Columbia V2X 6G1 Attention: The President Any notice, request, or demand will be presumed, if mailed, to have been received five business days after the day on which it is mailed, if delivered, upon receipt, except that if, between the time of mailing and actual receipt, there is an actual or reasonable, anticipated mail strike, slowdown, or labour dispute which might affect delivery, the notice will be effective only if actually delivered. Either the Landlord or Tenant will give notice to the other changing its address for service. 10.8 Time of Essence Time will be of the essence of this Lease, save as herein otherwise provided. 10.9 Registration This Lease must not be registered in the Land Title Office. 10.10 Liability If two or more persons, corporations, partnerships, or other business associations execute this Lease as Tenant the liability of each to observe or perform the Tenant's obligations will be deemed to be joint and several. If the Tenant or covenanter, as the case may be, named in this Lease is a partnership or other business association, the members of which by law are subject to personal liability, the liability of each such member will be deemed to be joint and several. The Tenant will cause the Tenant's employees, invitees, licensees, and other persons over whom the Tenant may reasonably be expected to exercise control to comply with the Tenant's obligations under this Lease, and any failure to comply will be deemed to be a default by the Tenant. The Tenant will be liable to the Landlord for the negligent or willful acts or omissions or any such employees, invitees, licensees, or other persons over whom the Tenant may reasonably be expected to exercise control. 23 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx 10.11 Binding Effect It is further agreed and declared by the Landlord and the Tenant that this Lease shall extend to, be binding upon and enure to the benefit of, the Landlord and the Tenant and each of their successors and permitted assigns. IN WITNESS WHEREOF the Landlord and Tenant have executed this Lease as of the day and year first above written. MAPLE RIDGE AND PITT MEADOWS ARTS COUNCIL by its authorized signatories: Print Name: Print Name: ) ) ) ) ) ) C/S CITY OF MAPLE RIDGE by its authorized signatories: Print Name: Print Name: ) ) ) ) ) ) C/S 24 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx SCHEDULE A PREMISES C, 7 R•-�r--- CLO Cib Iwo I 1 s 7 +j i 1 ., 10000001111 _ -oil V -- - loom - �.�--,.- - -- I � - - -- - - -:l - -:- - - -1 - - -�- i 'j •_ I __ _..__ .._ .. - - - ---- - - - - -� - - • l I t . : I s I I � I I E�h 1 1 U • j• �i� 1 woo `� _ a► �%��i�i�B :rk,��+1�Y 'vdli: .� R ARTS CENTRE 1 ��;._ �i��i Sot !� ! s;� a # ' j: ( I:i� ew-,AM.IWML_ mw rem •rara.r.." v SO o- c a .,1 g F�p� Gr 617 j dLO _ 3 V n n L MTV AM/V- 1 I j t I i t inuo �it Illtlliq� Ild 0 m � 'Nord'!41.5 � w :ii �IArLB�IDQb't0'1YNC�'RB s . r r� 11► -t � � t (`-�- N tP 4 OC�D ©4 �!i ids =i 2111 16 t amok I A I a a 0 i I An ®14 L� 1�rft1/►i r�11s f�� r ' r LaRMS VON oft j r D O n rT..•� � r.:....-.ter-"'_' _". _�__-�-�. r _ aV� `m� .� P� 1 1 t• r� Q iLl 0 I 25 \\mr.corp\docs\CDPR-Admin\06-Legal\2240-Agreements-Contracts-Leases\40- Leases\Arts_Centre\Arts_Centre_Lease_2015_Draft_2014-10-09_Fnl.pdf.docx SCHEDULE “B” ARTS CENTRE OPERATING AGREEMENT