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HomeMy WebLinkAbout2015-03-02 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) 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: 1101 RZ/115/10, 23213 Lougheed Highway, M-2 to CS-1 Staff report dated March 2, 2015 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 to designate from Agricultural to Commercial and Conservation be given first and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 6834-2011 to rezone from M-2 (General Industrial) to CS-1 (Service Commercial) to align the zone with the existing commercial business be given second reading and be forwarded to Public Hearing. COMMITTEE OF THE WHOLE AGENDA March 2, 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 and live streamed 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 March 2, 2015 Page 2 of 4 1102 2012-115-RZ, 12018 and 12038 Edge Street, 22554 and 22566 Brown Avenue Staff report dated March 2, 2015 recommending that a one year extension be granted for Rezoning Application 2012-115-RZ to permit a three phased mixed use development. 1103 2013-103-DVP, 12366 Laity Street Staff report dated March 2, 2015 recommending that the Corporate Officer be authorized to sign and seal 2013-103-DVP to reduce minimum road right-of- way for the proposed cul-de-sac, reduce minimum width for a collector road, reduce minimum road carriageway for the proposed cul-de-sac, reduce minimum front setback for the existing home and to reduce minimum rear setback for proposed Lot 1. 1104 2015-012-DVP, 23103 136 Avenue Staff report dated March 2, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-012-DVP to postpone servicing upgrades on the 232 Street property frontage of the site at proposed Lot 39. 1105 2015-013-DVP, 11195, 11187, 11181, 11175, 11169, 11159, 11151, 11143 and 11135 239 Street Staff report dated March 2, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-013-DVP to vary the permitted maximum height for houses on each of 9 lots at the southwest corner of Kanaka Way and 239 Street. 1106 2015-020-DVP, 13065 Katonien Way Staff report dated March 2, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-020-DVP to vary parking requirements and retaining wall height in support of the proposed Indoor Mountain and BMX Biking Facility in Kanaka Business Park. 1107 2014-074-CU, 22245 Lougheed Highway, Temporary Commercial Use Permit Staff report dated March 2, 2015 recommending that the Corporate Officer be authorized to sign and seal 2014-074-CU to permit temporary commercial use. Committee of the Whole Agenda March 2, 2015 Page 3 of 4 1108 2011-063-SD, 5% Money in Lieu of Parkland Dedication, 20974 123 Avenue Staff report dated March 2, 2015 recommending that the owner of land proposed for subdivision at 20974 123 Avenue, under application 2011-063- SD, pay amount not less than $55,000.00. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the month ended January 31, 2015 Staff report dated March 2, 2015 recommending that the disbursements for the month ended January 31, 2015 be approved. 1132 Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 Staff report dated March 2, 2015 recommending that Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 to bring the City of Maple Ridge into compliance with current legislation relating to fees and charges for the provision of services and information. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Cottonwoods Child Care Centre – Lease Renewal Staff report dated March 2, 2015 recommending that the Corporate Officer be authorized to execute the Cottonwoods Child Care Centre lease for the term December 1, 2014 to June 30, 2018. 5. CORRESPONDENCE 1171 6. OTHER ISSUES 1181 Committee of the Whole Agenda March 2, 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: March 2, 2015 and Members of Council FILE NO: RZ/115/10 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 and Second Reading Maple Ridge Zone Amending Bylaw No . 6834-2011 23213 Lougheed Highway EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 23213 Lougheed Highway, from M-2 (General Industrial) to CS-1 (Service Commercial) to align the zone with the existing commercial business. The subject property has historically been a legal non-conforming use, and this application is intended to legitimize the zoning. This application also requires an amendment to the Official Community Plan (OCP) to re-designate the land use from Agricultural to Commercial and Conservation. On June 23, 2011, Council gave first reading to Zone Amending Bylaw No. 6834-2011. Since that time, the property owner was focused on completing the building permit work authorized by the Board of Variance. As that work has been completed, the property owner is now proceeding with the subject application. RECOMMENDATIONS: 1.That in accordance with Section 879 of the Local Governmen t Act opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 6940-2012 on the municipal website, and Council considers it unnecessary to provide any further consultation opportuniti es, except by way of holding a Public H earing on the bylaw; 2.That Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 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. 6940- 2012 is consistent with the Capital Expenditu re Plan and Waste Management Plan; 4.That Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 be given first and second reading and be forwarded to Public Hearing; 5.That Zone Amending Bylaw No. 6834-2011 be given second reading and be forwarded to Public Hearing; and 1101 - 2 - 6. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation and Infrastructure ; ii. Amendment to Schedule "B" & “C” of the Official Community Plan; iii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iv. An access agreement and survey plan and must be regi stered at the Land Title Office for Spencer Creek and the existing pump station ; v. Registration of a building design scheme as a Restrictive Covenant at the Land Title Office; vi. Park dedication as required ; and vii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. DISCUSSION: a) Background Context: Applicant: Don Bowins Owner: Vaughn Wyant Investments Ltd. Legal Description: Lot A Except Firstly Part Highway on Plan 22870 and Secondly Part Highway on Plan 25492; District Lot 275, Group 1, NWD Plan 9085 OCP: Existing: Agricultural Proposed: Commercial and Conservation Zoning: Existing: M-2 (General Industrial) Proposed: CS-1 (Service Commercial) Surrounding Uses: North: Use: Regional Park Zone: RS-3 (One Family Rural Residential) Designation: Park South: Use: Vacant Zone: RS-3 (One Family Rural Residential) Designation: Agricultural - 3 - East: Use: Municipal Park Zone: RS-3 (One Family Rural Residential) Designation: Parks Within the ALR West: Use: Regional Park Zone: M-2 (General Industrial) Designation: Park Existing Use of Property: Car Dealership Proposed Use of Property: Car Dealership Site Area: 1.3 hectares (3.2 acres) Access: Tamarack Lane Servicing requirement: Urban Standard b) Project History: The subject property has been used historically as a car dealership, which is a legal non-conforming use under the current M-2 (General Industrial) zone. Located in the Albion Flats, the property was included in the Agricultural Land Reserve (ALR) in 1972 and was removed from the ALR in 1986. While the property was excluded from the ALR, the City was unable to change the Agricultural land use designation because the subject property was designated Green Zone in Metro Vancouver’s Livable Region Strategic Plan (LRSP). In 2008, a LRSP amendment to remove the property from the Green Zone was approved by the Regional Board and the property owner expressed the intent to rezone the property to the CS-1 (Service Commercial) zone, rectifying the car dealership use. In 2010 the applicant applied to rezone the property. The car dealership at the time was Chrysler/Dodge/Jeep, and the owner was pursuing the acquisition of a Hyundai dealership franchise. The change to Hyundai required building improvements to match the new corporate brand in its building design and colour palette. Given the compressed timeline the owner had to acquire the Hyundai dealership, a parallel process was pursued with the Board of Variance. In January 2011, the Board of Variance granted the property owner approval under Section 911(5) and 901(2) of the Local Government Act for an addition to the legal non-conforming car dealership on the subject property. Given that the age of the existing building was nearing the end of its lifespan, the property owner planned to remove some no longer needed accessory buildings, construct a new dealership building, and then remove the old principal building. Because the floor space of the new building was equivalent to the existing buildings, the Board of Variance granted the authority to proceed. Through this process, the property owner was able to commence construction of the new building while maintaining operation in the existing building; and the original building was demolished once the new building became operational in November 2012. Under the existing legal non-conforming use, the Local Government Act stipulates that a legally non- conforming property is legally entitled to continue the use in perpetuity provided the use is not discontinued for a continuous period of six months. The Local Government Act further restricts any structural alterations to the building unless authorized by a Board of Variance ruling; as such activities are viewed as extending the lifetime of the non-conforming use. Throughout the parallel - 4 - process with the Board of Variance it was understood that the applicant would complete the rezoning application. c) Planning Analysis: Agricultural Land Commission Act: The subject property was included in the ALR in 1972, and excluded in 1986. A car dealership use was in operation on the subject property prior to inclusion in the ALR, and since that time has operated as a legal non-conforming use in the M-2 (General Industrial) zone. Regional Growth Strategy: The subject property is designated General Urban in the Regional Growth Strategy. Additionally, the property is within the Regional Urban Containment Boundary and the Fraser Sewerage Area; therefore no regional approvals are required for this application. The regional land designation was changed from Agricultural to Urban in 2008 as a result of a City-sought amendment to the LRSP. As a result, Council now has the opportunity to bring the use into conformity, and a rezoning application may now proceed. Official Community Plan : The subject property is currently designated Agricultural, and requires an amendment to the OCP to re-designate the land use to Commercial and Conservation. This amendment is supportable, as the property is within the Urban Area Boundary and the rezoning application is intended to reflect the historic land use and facilitate the proposed commercial zoning of the property. The amendment will also ensure that issues of non-conformance will be resolved. The requested OCP amendment should therefore be considered a housekeeping amendment and is supportable on this basis. Zoning Bylaw: The property is currently zoned M-2 (General Industrial), which does not allow a car dealership as a permitted use. The applicant proposes to rezone the subject property to CS-1 (Service Commercial) in order to legitimize the historic non-conforming car dealership use on the property. The subject property meets the CS-1 (Service Commercial) zoning provisions, therefore no variances to the Zoning Bylaw are anticipated. Proposed Variance: The applicant has requested a variance to the Subdivision and Development Services Bylaw No. 4800-1993 to provide an alternative servicing standard that would not require improvement on the south side of Tamarack Lane, which would require modification to the Dyking District 13 dyke by widening the crest and filling in the roadside ditch. As a requirement of the building permit, the applicant has provided in-trust funds for upgrades to the north side of Tamarack Lane including road widening, curb and gutter, sidewalk, street lighting and storm d rainage works on the north side. This will provide the urban road improvements and pedestrian facilities appropriate for the CS-1 (Service Commercial) zone. The requested variance will be the subject of a future report to Council. - 5 - Development Permits: Pursuant to Sections 8.9 and 8.10 of the OCP, a Watercourse Protection Development Permit is required for all developments within 50 metres of the top of bank of watercourses and wetlands; and a Natural Features Development Permit is required for all development in floodplain areas. The requirements of this permit are outlined in the environmental section below. Advisory Design Panel : The Advisory Design Panel reviewed the form and character of the proposed commercial building and the landscaping plans at a meeting held June 12, 2012. Comments and suggestions for change were provided by the Advisory Design Panel members, and these design suggestions were incorporated into the final building and landscape plans. d) Interdepartmental Implications: Engineering Department: As a building permit has been completed in advance of the conclusion of the rezoning application, the property owner has provided monies in trust equivalent to road widening, concrete curb and gutter, sidewalk, street lighting and storm drainage works on Tamarack Lane; which would have otherwise been secured for through a Rezoning Servicing Agreement. A Rezoning Servicing Agreement will therefore not be required for this application. Operations Department: The Operations Department has reviewed the development of the subject property, and has advised that two access agreements are required to formalize access to a municipal pump station at the corner of Tamarack Lane and Lougheed Highway; as well as along Spencer Creek to facilitate occasional dredging as a flood control measure for Albion Flats. Environmental: Environmental staff have reviewed the proposed development; and the habitat protection covenant area, park dedication area, and stormwater management initiatives have been determined to be suitable. The applicant proposes to enhance and replant all four property lines and register a habitat protection covenant to ensure the planting is maintained within the green spaces along the south, west and north property lines. A park dedication area along the east property line will be replanted and the planted vegetation will be monitored and maintained over a five year period. e) Intergovernmental Issues: 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 Act. The amendment required for this application, from Agricultural to Commercial and Conservation, is considered to be minor in nature as the purpose of the re-designation is to reflect the regional land use designation and legitimize a historic use. 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. - 6 - The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. CONCLUSION: The Metro Vancouver Regional District re-designated this property to Urban in 2008. Therefore, the intent of this application is to bring the property’s zone and designation into compliance with its existing use. As a result, this project is to rezone the subject property from M-2 (General Industrial) to CS-1 (Service Commercial). An OCP amendment is required to re-designate the land use to Commercial and Conservation. It is recommended that Official Community Plan Amending Bylaw No. 6940-2012 be given first and second reading and forwarded to Public Hearing; and further that Maple Ridge Zone Amending Bylaw No. 6834-2011 be given second reading and 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 Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Jim Rule” _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Maple Ridge Official Community Plan Amending Bylaw 6940-2012 Appendix C – Maple Ridge Zone Amending Bylaw 6834-2011 Appendix D – Site Plan DATE: Feb 19, 2015 FILE: RZ/115/10 BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT PIA SUBJECT PROPERTY ´ Scale: 1:2,500 23213 LOUGHEED HWYLegend \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic)Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic)Feature Type Canal Flooded Land Lake/Reservoir Marsh River Major Rivers & Lakes APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 6940-2012 A Bylaw to amend the Official Community Plan _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "B" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the 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. 6940-2012 2.Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot “A” Except: Firstly: Part Highway on Plan 22870 and Secondly: Part Highway on Plan 25492, District Lot 275 Group 1 New Westminster District Plan 9085 and outlined in heavy black line on Map No. 841, a copy of which is attached hereto and forms part of this Bylaw, is hereby re-designated as shown. 3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot “A” Except: Firstly: Part Highway on Plan 22870 and Secondly: Part Highway on Plan 25492, District Lot 275 Group 1 New Westminster District Plan 9085 and outlined in heavy black line on Map No. 842, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation as shown. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the day of ,20 . PUBLIC HEARING HELD 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 APPENDIX B 2 3 3 5 1 233642 3 3 0 8 23309 23329 23339 232132 3 2 7 8 RI V E R ROA D L OUGHEED HWY. T A M A R A C K L A N E L OUGHEED HWY. Pcl. P 2 10 P 226 30 P A R C E L ' A ' P A R C E L ' B ' L MP 7 6 3 4 Rem A Rem 2 50 P 38716 P 908 5 20 51 L MP 7 6 3 4 Rem 3 1 52 RP 1160 9 Rem 1 7 Rem 2 1 49P 790 0 P 790 0 P 8 8 2 7 L M P 1 3 8 1 9 R W 7 1 2 0 4 E P 7 0 6 8 3 R W 2 2 8 7 0 R W 1 8 3 1 3 R W 2 5 4 9 2 R P 3 8 5 5 2 RW 73864 RW 41883 RW 41883 ´ SCALE 1:2 ,5 00 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No.Map No. From: To: 6940-2012841Agriculture Commercial Conservation URBAN AREA BOUNDARY Urban Area Boundary 2 3 3 5 1 233642 3 3 0 8 23309 23329 23339 232132 3 2 7 8 RI V E R ROA D L OUGHEED HWY. T A M A R A C K L A N E L OUGHEED HWY. Pcl. P 2 10 P 226 30 P A R C E L ' A ' P A R C E L ' B ' L MP 7 6 3 4 Rem A Rem 2 50 P 38716 P 908 5 20 51 L MP 7 6 3 4 Rem 3 1 52 RP 1160 9 Rem 1 7 Rem 2 1 49P 790 0 P 790 0 P 8 8 2 7 L M P 1 3 8 1 9 R W 7 1 2 0 4 E P 7 0 6 8 3 R W 2 2 8 7 0 R W 1 8 3 1 3 R W 2 5 4 9 2 R P 3 8 5 5 2 RW 73864 RW 41883 RW 41883 ´ SCALE 1:2 ,5 00 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No.Map No. PURPOSE: 6940-2012842 TO ADD AS CONSERVATION T O SCHEDU LE C URBAN AREA BOUNDARY Urban Area Boundary CITY OF MAPLE RIDGE BYLAW NO. 6834-2011 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. 6834-2011." 2.That parcel or tract of land and premises known and described as: Lot: A Except: Firstly: Part Highway on Plan 22870 and Secondly: Part Highway on Plan 25492; , D.L.: 275, Group 1, NWD Plan: 9085 and outlined in heavy black line on Map No. 1525 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to CS-1 (Service Commercial). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 28th day of June, A.D. 2011. 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 Minister of Transportation this day of ,20 . ADOPTED, the day of ,20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C R I V E R R OA D L OUGHEED HWY. T A M A R A C K L A N E L OUGHEED HWY. Pcl. P 2 10 P 226 30 P A R C E L ' A ' P A R C E L ' B ' L MP 7 6 3 4 R em A R em 2 50 P 38716 P 908 5 20 51 L MP 7 6 3 4 R em 3 1 R P 1160 9 R em 1 7 R em 2 1 49P 790 0 P 790 0 P 8 8 2 7 L OUGHEED HWY. ´ SC ALE 1:2 ,5 00 MAPLE RIDGE ZONE AMENDINGBylaw No.Map No. From: To: 6834-20111525M-2 (General Industrial) CS-1 (Service Comm ercial) APPENDIX D - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2012-115-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Rezoning – First Extension Maple Ridge Official Community Plan Amending Bylaw No. 7019-2013 and Maple Ridge Zone Amending Bylaw No.6966-2013 12018 and 12038 Edge Street, 22554 and 22566 Brown Avenue EXECUTIVE SUMMARY: The applicant for the above noted file has applied for an extension to this rezoning application under Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to permit a three phased mixed use development consisting of 240 apartment units in three towers (6, 13 to 19 storeys), 4,380 m2 (47,144 ft2) of commercial floor area, with 2 levels of underground parking and 2 levels of above ground structured parking subject to the CD-1-13 (Comprehensive Development Zone) zone. RECOMMENDATION: That a one year extension be granted for rezoning application 2012-115-RZ and that the following conditions be addressed prior to consideration of Final Reading: i.Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii.Registration of a Development Agreement as a Restrictive Covenant for the proposed bonus elements and receipt of deposits as securities, as outlined in the Agreement; iii.Receipt of a voluntary contribution of $100,000 for public art; iv.Amendment to Schedule "B" of the Official Community Plan; v.Road dedication as required; vi.A portion of the municipal lane between the properties 12038 and 12018 Edge Street be closed, purchased by the applicant and consolidated into the development site; vii.Lot consolidation and re-subdivision of the development site to three lots consistent with the phasing boundaries; 1102 - 2 - viii. Registration of a Statutory Right-of-Way plan and agreement for vehicular and pedestrian purposes in place of the current municipal lane; ix. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; x. Registration of an easement for public passage for the areas between Brown Avenue, Edge Street and Dewdney Trunk Road rights-of-way and the buildings and to future roof top open spaces; xi. Registration of reciprocal access agreements for vehicle and pedestrian passage through the parking structure between phases and between levels, as well as to the future extension of the parking building to the east on Brown Avenue (2013-019-RZ); xii. Registration of a restrictive covenant protecting required off-street parking spaces located on separate lots of this development; xiii. Registration of a Restrictive Covenant protecting the Visitor Parking; xiv. Registration of a restrictive covenant and entering into a Housing Agreement respecting adaptive housing and rental housing; xv. Removal of all the existing buildings located at 12038 Edge Street, 22554 Brown Avenue and 22566 Brown Avenue; xvi. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations; and xvii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the property owner will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Bissky Architecture and Urban Design Inc. Wayne Bissky Owner: Ascent One Properties Ltd. (Inc. No. BC0949104) Legal Description: Lot: 303, Section: 20, Township: 12, Plan: NWP44882 Lot: 4, Section: 20, Township: 12, Plan: NWP8081 Lot: 5, Section: 20, Township: 12, Plan: NWP8081 Lot: 6, Section: 20, Township: 12, Plan: NWP8081 OCP: Existing: Town Centre Commercial, Low-Rise Apartment Proposed: Town Centre Commercial - 3 - Zoning: Existing: CS-1 (Service Commercial), RS-1 (One Family Urban Residential) Proposed: CD-1-13 (Comprehensive Development Zone) Surrounding Uses: North: Use: Duplex and Single Family Residential Zone: RT-1 and RS-1 Designation: Medium and High-Rise Apartment South: Use: Civic Complex and Commercial Zone: P-1 and C-3 Designation: Institutional and Town Centre Commercial East: Use: Municipal parking lot, Single Family Residential and Commercial (under application 2013-019-RZ for 4th Tower by same developer) Zone: CS-1 and C-3 Designation: Medium and High-Rise Apartment, and Town Centre Commercial West: Use: Apartment & recently completed apartment development (RZ/078/09), Shopping center Zone: RM-2, RM-3 and C-3 Designation: Town Centre Commercial and Low-Rise Apartment Existing Use of Property: Single Family Dwellings (3 lots along Brown Avenue); Commercial Use (Lot at corner of Edge Street and Dewdney Trunk Road) Proposed Use of Property: Commercial and Multi-Residential Mixed Use Phased Development Site Area: 0.43 Ha. (1.06 acres) excluding lane proposed to be included as part of the development site Access: Dewdney Trunk Road, Edge Street, Brown Avenue and lane Servicing requirement: Urban Standard Companion Applications: 2012-115-DP This application is to permit a three phased mixed use development consisting of 240 apartment units in three towers (6, 13 to 19 storeys), 4,380 m2 (47,144 ft2) of commercial floor area, with 2 levels of underground parking and 2 levels of above ground structured parking The following dates outline Council’s consideration of the application and Bylaw/s 7019-2013 and 6966-2013:  The First Reading Report (see attached) was considered on February 18, 2013.  First Reading was granted February 26, 2013.  The Second Reading Report (see attached) was considered on November 4, 2013.  Second Reading was granted November 12, 2013.  Public Hearing was held December 10, 2013.  Third Reading was granted December 10, 2013. - 4 - Application Progress: The applicant has completed some items and continues to work and make significant progress on the remaining terms and conditions to be met prior to Final Reading of the Zone Amending Bylaw. The major outstanding items are related to design of off-site services and the legal documentation for the phasing of the three towers, adaptive housing, rental housing and other aspects of this large- scale project. Alternatives: Council may choose one of the following alternatives: 1. Grant the request for extension; 2. Deny the request for extension; or 3. Repeal Third Reading of the bylaw and refer the bylaw to Public Hearing. CONCLUSION: The applicant has been actively pursuing the completion of this rezoning application and has applied for a one year extension. "Original signed by Adrian Kopystynski" _______________________________________________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning “Original signed by David Pollock” _______________________________________________ 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 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Oct 31, 2013 2012-115-RZ BY: JV CORPORATION OFTHE DISTRICT OFMAPLE RIDGE FIN A N C E D E P A RT M E N T22490RCMP1199622552/54225972249122504225542256622597225962260322621225012253012060 225502257622587226112261022630Municipal Hall22481 2252722557225672258922606Courthouse22519 22517/09 12085 12018 12038 2256122561-972257722610226102247712075 11990 22577225762258822596226112251412003 12080 225402256622583226022262011995 /62 225742259022582226062258822624121 AVE.121 A V E .EDGE ST.McINTOSH AVE. BROWN AVE.BROWN AVE. DEWDNEY TRUNK ROAD P 45004 15 P 60562 18 NWS 2403 CP 303 81.5Feet *PP093 P 8695 1 5 4 287 P 68843 P 4793320 3 P 8081 A1 P 8843 64 P 9446 4A 1 10 5 P 9687 6 P 9446 P 9446 Rem. 3 0 2 P 8679 RP 79869 313P 44882 A (P9687)*LMP18210 7 12 P 8843 P 5805511 3 9 1 296 118Rem.P 86794 9 LMP 19460 8 Rem. 7 1 2 117 P 8081NWS 2403P 7863 1 P 94468 LMP 44378 P 60451 W 5' 1012 1 *PP094P 808111 P 8844Rem.6 LOT A 5 6 5 3LMP 37413297 17P 8679 (EPS 1223) Rem. 19 P 8081 P 8081 West 4 4Rem. 2 2 3 Subject Properties ´ Scale: 1:1,500 12018/38 Edge St22554/66 Brown Ave APPENDIX A District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 4, 2013 and Members of Council FILE NO: 2012-115-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading: Maple Ridge Official Community Plan Amending Bylaw No. 7019-2013; and Second Reading: Maple Ridge Zone Amending Bylaw No. 6966-2013 12018 Edge Street, 12038 Edge Street, 22554 Brown Avenue and 22566 Brown Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject site from CS-1 (Service Commercial) and RS-1 (One Family Urban Residential) to CD-1-13 (Comprehensive Development Zone), to permit a phased three tower development of 240 apartment units and 4,380 m2 (47,144 ft2) of commercial floor area, with 2 levels of underground parking and 2 levels of above ground structured parking. The proposed Comprehensive Development Zone (CD-1-13 – Appendix C) has been crafted to accommodate the proposal and complies with the Official Community Plan. An Official Community Plan amendment, however, is required to extend the Town Centre Commercial designation to the three lots fronting Brown Avenue. This application received first reading for Zone Amending Bylaw No. 6966-2013 on February 26, 2013. With the submission of detailed information, further discussions with the applicant and the Municipal Solicitor, the CD Zone has been finalized. 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. 7019-2013 on the municipal website and requiring that the applic ant 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 Amending Bylaw No. 7019-2013 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. 7019- 2013 is consistent with the Capital Expenditure Plan and Waste Man agement Plan; APPENDIX B - 2 - 4. That Maple Ridge Official Community Plan Amending Bylaw No. 7019-2013 be granted first and second readings and be forwarded to Public Hearing; 5. That Zone Amending Bylaw No. 6966-2013 as amended, be granted second reading and be forwarded to Public Hearing; 6. That the following terms and conditions be met prior to Final Reading: i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii. Registration of a Development Agreement as a Restrictive Covenant for the proposed bonus elements and receipt of deposit s as securities, as outlined in the Agreement; iii. Receipt of a voluntary contribution of $100,000 for public art; iv. Amendment to Schedule "B" of the Official Community Plan; v. Road dedication as required; vi. A portion of the municipal lane between the properties 12038 and 12018 Edge Street be closed, purchase d by the applicant and consolidated into the development site; vii. Lot consolidation and re -subdivision of the development site to three lots consistent with the phasing boundaries; viii. Registration of a Statutory Right -of-Way plan and agreement for vehicular and pedestrian purposes in place of the current municipal lane; ix. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; x. Registration of an easement for public passage for the areas between Brown Avenue, Edge Street and Dewdney Trunk Road rights-of-way and the buildings and to future roof top open spaces; xi. Registration of reciprocal access agreements for vehicle and pedestrian passage through the parking structure between phases and between levels, as well as to the future extension of the parking building to the east on Brown Avenue (2013-019-RZ); xii. Registration of a restrictive covenant protecting required off -street parking spaces located on separate lots of this development; xiii. Registration of a Restrictive Covenant protecting the Visitor P arking; - 3 - xiv. Registration of a restrictive covenant and entering into a Housing Agreement respecting adap tive housing and rental housing; xv. Removal of all the existing buildings located at 12038 Edge Street, 22554 Brown Avenue and 22566 Brown Avenue; xvi. A disclos ure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations; and xvii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the property owner will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Bissky Architecture and Urban Design (Agent: Wayne Bissky) Owner: Ascent One Properties Ltd (Inc. No. BC0949104) Legal Description: Lot: 303, Section: 20, Township: 12, Plan: NWP44882 Lot: 4, Section: 20, Township: 12, Plan: NWP8081 Lot: 5, Section: 20, Township: 12, Plan: NWP8081 Lot: 6, Section: 20, Township: 12, Plan: NWP8081 OCP: Existing: Town Centre Commercial and Low-Rise Apartment Proposed: Town Centre Commercial Zoning: Existing: CS-1 (Service Commercial) and RS-1 (One Family Urban Residential) Proposed: CD-1-13 (Comprehensive Development Zone) Surrounding Uses: North: Use: Duplex and Single Family Residential Zone: RT-1 and RS-1 Designation: Medium and High-Rise Apartment South: Use: Civic Complex and Commercial Zone: P-1 and C-3 Designation: Institutional and Town Centre Commercial East: Use: Municipal parking lot, Single Family Residential and Commercial Zone: CS-1 and C-3 Designation: Medium and High-Rise Apartment, and Town Centre Commercial - 4 - West: Use: Apartment & recently completed apartment development (RZ/078/09), Shopping center. Zone: RM-2, RM-3 and C-3 Designation: Town Centre Commercial and Low-Rise Apartment Existing Use of Property: Single Family Dwellings (3 lots along Brown Avenue) Commercial Use (Lot at corner of Edge Street and Dewdney Trunk Road) Proposed Use of Property: Commercial and Multi-Residential Mixed Use Phased Development Site Area: 0.43 Ha. (1.06 acres) excluding lane proposed to be included as part of the development site Access: Dewdney Trunk Road, Edge Street and Brown Avenue Servicing requirement: Urban Standard Companion Applications: 2012-115-DP b) Background : The applicant has submitted the necessary detailed information about the proposal to proceed to second reading and public hearing. At the time of the first reading report (February 26, 2013), the size, complexity, timing and servicing requirements associate with the project suggested the use of a Phased Development Agreement. However, now that the project is fully understood, a traditional CD Bylaw with restrictive covenants and securities is sufficient to regulate this development. The terms and conditions of approval of the CD Bylaw are as follows:  A rezoning servicing agreement (registered as a restrictive covenant) that will state the services, utilities, etc. that are to be provided prior to each phase commencing;  A development covenant that will state the bonus elements to be provided by the developer to obtain the requested commercial and residential floor space (floor space ratio) stated in the CD Bylaw in each of the three (3) phases, and required performance securities; and  A housing agreement respecting the proposed adaptive housing and rental housing. This requires an authorizing bylaw that is not subject to a public hearing. These three documents are described in the Planning Analysis Section of this report. The development site is flat and consists of four (4) lots. There are existing houses and accessory buildings on the three (3) lots facing Brown Street to be demolished prior to final adoption. The commercial building (Paliotti's Restaurant) on the lot at the corner of Edge Street and Dewdney Trunk Road may be retained and will be demolished at a later date, prior to the third phase of development. c) Project Description: The proposal is a commercial and multiple residential mixed -use development, having a total of 240 residential units and 4,380 m2 (47,144 ft2) of commercial floor area, with underground and - 5 - structured parking. It consists of commercial floor space and a parking podium, extending across the entire site, with three (3) separate towers stepping up in height from 6, 13 to 19 storeys. The western portion of the existing lane off of Edge Street north of Dewdney Trunk Road, is to be incorporated into the project. It will remain open via a public access easement allowing for public use, servicing and parking access. This will allow the above ground and underground parking levels to be uninterrupted structures. The podium structure will be 4-storeys along Edge Street, stepping down in Phase 1 to 2 storeys along Brown Avenue. The podium structure will have commercial floor space on the ground level along all three fronting streets and parking on the second level in all three phases. I n phase 2 and 3, there will be an additional 3rd level of parking with the 4th level of the podium containing additional commercial floor space. Amenity and mechanical rooms may be situated on the above ground parking levels. Three towers are proposed atop the podium structure. The first phase tower is to be a 6-storey, 48 residential dwelling unit structure facing Brown Avenue. The second phase is to be a 13 -storey, 72 residential dwelling unit towers at the corner of Brown Avenue and Edge Street, and the tallest building is to be a 19-storey 120 residential dwelling unit tower at the corner of Edge Street and Dewdney Trunk Road. This development is to be built in three phases (See Schedule “A” in Appendix C) over a period estimated to be 8 years. The floor space ratio (FSR) includes both the commercial and the residential floor areas. By including both the commercial and residential floor areas together, the FSR figures will increase slightly over the amounts stated in the first reading bylaw. A summary of the phases is described in the table below (See Appendix D and Appendix E for site plans, elevations and renderings):  Phase 1: A 6 storey structure with a FSR of 2.937 and having 630.6 m2 (6,788 ft2) of commercial and 3,840.3 m2 (37,462 ft2) of residential floor area. It would be located at the eastern end of the site fronting on Brown Avenue. There would be 48 residential dwelling units, and 104 underground or structured parking spaces, including visitor parking spaces;  Phase 2: A 13 storey structure with a FSR of 5.28 and having 1,852.6 m2 (19,941 ft2) of commercial and 6,214.3 m2 (66,890 ft2) of residential floor area. It would be located at the corner of Brown Avenue and Edge Street, next to and adjacent to the first phase, having a presence on both streets. There would be 72 residential dwelling units, and 105 underground or structured parking spaces, including visitor parking spaces; and  Phase 3: A 19 storey structure with a FSR of 6.479 and having 1,896.6 m2 (20,415 ft2) of commercial and 8,851.4 m2 (95,276 ft2) of residential floor area. It would be located at the corner of Edge Street and Dewdney Trunk Road, south of and next to the second phase, having a presence on both streets. There would be 120 residential dwelling units, and 133 underground or structured parking spaces, including visitor parking spaces; - 6 - The following table summarizes the proposal: Gross Floor Area Square Meters & (Square Feet) Phase Commercial Residential Dwelling units Building Height (Storeys) Total FRS (Resid. FSR) Parking Phase 1 630.6 m2 (6,788 ft2) 3,480.3 m2 (37,462 ft2) 48 6 2.937 (2.548) 104 Phase 2 1,852.6 m2 (19,941 ft2) 6,214.3 m2 (66,890 ft2) 72 13 5.28 (3.996) 105 Phase 3 1,896.6 m2 (20,415 ft2) 8,851.4 m2 (95,276 ft2) 120 19 6.470 (5.461) 133 TOTAL 4,379.8 m2 (47,144 ft2) 17,253.3 m2 (185,713 ft 2) 240 323 Using the C-3 (Town Centre Commercial) Zone as a guide, Phases 2 and 3 of this proposal will exceed the permitted residential floor area of 2.3 times the lot area. The proposed densities are noted in the above table. As this development is in keeping with the objectives of densification in the Town Centre and is in the Town Centre Incentive Area, the creation of a CD (Comprehensive Development Zone) with bonus provision (as described in the Planning Analysis section) allowing the envisioned densities to be achieved is appropriate. The agent for the owners has reviewed the CD Zone and is comfortable with the Bylaw as it reads. The development site is located within Sub Area 1 of the Town Centre Area Incentive Program, and meets the conditions to be included in the program. The proposal does not currently have information about “green” or energy efficiency-related considerations; therefore the applicant has been advised that a larger incentive benefit is available under the Incentive Program by incorporating LEED/energy conservation measures into this project. Further information in this regard is proposed to be provided as a component of the Town Centre Development Permit. d) Planning Analysis: Official Community Plan : The development site is located within the Town Centre Area Plan. The one lot at the corner of Dewdney Trunk Road and Edge Street is designated Town Centre Commercial. The remaining 3 lots along the south side of Brown Avenue are designated Low-Rise Apartment. To accommodate this proposal, the 3 lots on Brown Avenue will need to be redesignated to Town Centre Commercial to match the designation of the corner lot on Dewdney Trunk Road. This redesignation is supportable because:  it will give a consistent designation for the entire site;  it is more in keeping with the Medium and High-Rise Apartment designation of the other properties along this stretch of Brown Avenue; - 7 -  the proposal will contribute in creating a compact and vibrant Central Business District with mixed uses envisioned in the Town Centre Area Plan;  the strategic location of the site being across from the Civic Core area; and  will permit a consistent form and character of all the lands comprising the project. The proposed CD Zone and the C-3 (Town Centre Commercial) Zone, upon which it was modeled, are both permitted zones for the OCP Category of Town Centre Commercial Designation in the Zoning Matrix. The proposal will contribute to the OCP objective to create a compact and vibrant commercial area that is pedestrian-oriented, including commercial, mixed-use, and multi-family residential uses. Apart from the redesignation described above, the proposed development complies with the following Land-Use Designation policies in the Town Centre Area Plan: 3-29 Building heights within the Town Centre Commercial will range from three (3) storeys in height to over twenty (20) storeys. Generally, building heights should not be permitted greater than twenty-five (25) storeys. 3-30 Multi-Family Residential use is permitted as a principle use in the Town Centre Commercial designation, except where identified on Schedule “G” as “Ground Floor Commercial Required” in the Maple Ridge Zoning Bylaw, where the ground floor use is to be commercial. 3-31 Within a Mixed-Use development, retail, service, and entertainment uses shall be encouraged at ground level with office and/or residential uses encouraged above-grade. Appendix F contains an analysis of how this project complies with the applicable OCP Policies. Zoning Bylaw: Background: The proposal is to rezone the 3 lots along Brown Avenue (i.e. 12038 Edge Street, 22554 Brown Avenue and 22566 Brown Avenue ) from RS-1 (One Family Urban (Medium Density) Residential) to CD-1-13 (Comprehensive Development Zone), and the lot at the corner of Edge Street and Dewdney Trunk Road (i.e. 12018 Edge Street) from CS-1 (Service Commercial) to CD-1-13 (Comprehensive Development Zone). A three-tower commercial and multiple residential mixed-use development is proposed to be built over an eight (8) year period, having a total of 240 residential units and 4,380 m2 (47,144 ft2) of commercial floor area, with 2 levels of underground parking and 2 levels of above ground structured parking. The proposal has continuous commercial floor area along each of the three street edges. This adhers to the proposed CD Zone where ground floor commercial space is permitted by proposed CD Zone in each phase of the three phases, and to Schedule G of the Zoning Bylaw where street level commercial use is manditory for Phase 3. - 8 - Proposed CD Bylaw Changes: Since first reading, the applicant has provided a full application submission. As a result, and it has become necessary to make the following changes to CD-1-13 (Comprehensive Development Zone) previously granted first reading:  Interpretation : Terms used repeatedly in the CD Zone were defined in this section.  Permitted Uses: Apartment Use was moved to the Accessory Use Section to align with the proposed new zoning bylaw, and off-street parking (e.g. parking lots), outdoor display or sales areas and rentals were deleted being inappropriate for a downtown setting.  Density: The section governing density sets the maximum Floor Space Ratio (FSR) for each of the three phases. The first reading left the bonus provision generally worded subject to more information. Now that the final FSR’s for the project are known, they can be s et in the bylaw. The permitted FSR for each phase is listed in the table below:  Setback: The setback for the side lot line in Phase 3 has been increased from 0.0 meters to 3.9 meters to accommodate the green wall screen on the east elevation of the lower portion of the building.  Open Space: A minimum useable open space and indoor amenity space has been added.  Housekeeping Changes: The format and wording has been edited to be consistent with the future new Zoning Bylaw. Development Agreement The proposed densities on the site exceed what can normally be achieved through the highest density zone currently allowed in the Town Centre. Through negotiations, the developer is to provide a number of bonus elements to bridge the difference between what can be achieved currently and the density being requested in the proposed CD Zone. This is a restrictive covenant similar in nature to a rezoning serving agreement. Both instruments are registered on title and would have securities held until the requirements of the covenants are satisfied. FSR Category Phase 1 Phase 2 Phase 3 Base Floor Space Ratio (FSR) 1.0 1.0 1.0 Bonus FSR for Underground or concealed parking 0.3 0.3 0.3 Bonus FSR for Height above second storey 1.0 1.0 1.0 Bonus FSR for bonus elements specified in Development Covenant 0.637 2.98 4.179 Total FSR 2.937 5.28 6.479 Note: For ease of calculating, the Phase 1 and Phase 3 FSR is rounded up to 2 places for the bonus and the total FSR in the CD Zone for this project. - 9 - The additional bridging FSR bonus elements will be specified in a development covenant for each phase as described in the following table: These bonus elements are described more fully below: • Public Art: Policies related to public art are included in the Town Centre Plan (Policy 3-14) and in the District of Maple Ridge Public Art Steering Committee Policy. The Town Centre Plan encourages incorporating public art into public outdoor meeting spaces. For this project, this is being achieved as follows: (1) Through a voluntary contribution of $100,000 from the developer to provide public art in the Town Centre, to be collected at third reading; and (2) Through a schedule of form and character guidelines including the proposed “Netting and Fish Theme” along the exposed façade of the parking structure to enhance the visual appearance of this structure from the streets (See Appendix G for Art Concept). These guidelines supplement those contained in Section 8.11 of the Official Community Plan Town Centre Development Permit Area for the Civic Core Precinct, and will be achieved through the development permit approval process for each phase in the development. • Adaptive Housing: It is proposed that 11% of the units in each phase be Adaptive Housing. Adaptable housing involves the design and construction of dwellings to meet occupants' changing needs over time. When constructed, a number of features would be incorporated that are more practical for people who are elderly or have a disability to live a normal life. These standards are incorporated into BC Building Code Section BC Building Code Section 3.8.5 (Building Requirements for Persons with Disabilities), The Building Access H andbook 2007, and the SAFERhome Standards Criteria (attached as Appendix H) would be attached to the development covenant and achieved through the building permit approval process. Adaptive housing strives to helps people stay in their own homes through i llness, injury and aging or who have disabilities, and by being in place, reducing the cost of future renovations to allow people to function and stay in ones home as long as possible. The adaptive dwellings will include: wider corridors and doorways, bathrooms and kitchens that facilitate more space to maneuver with walkers or wheelchairs, construction features such as stronger materials under drywall to Development Agreement Bonus Elements for Phase 1 Development Agreement Bonus Elements for Phase 2 Development Agreement Bonus Elements for Phase 3  Public Art on Facade  Adaptive Housing  Rental Housing  Green Screen  Electric Vehicle Charging Station  Public Art on Facade  Adaptive Housing  Rental Housing  2 Electric Vehicle Charging Stations  Public Art on Facade  Adaptive Housing  Rental Housing  Green Screen  2 Electric Vehicle Charging Stations  Outdoor Community Space  Indoor Community Space  Community Digital Information Board - 10 - support future installation of grab bars in the bathroom and purpose-built features such as accessible positioning of electrical outlets higher up from the floor, switches placed lower on walls, more toe space and lower counters, and easier to operate doors and faucet handles. The adaptive housing units would also be subject to a housing agreement, described in more detail in a following section. • Rental Housing: It is proposed that 10% of the units in each phase be rental units. Th ese will be units in addition to and not the Adaptive Housing. Further discussions are necessary to determine the mixture of unit types (e.g. 1 and 2 bedroom units), non‐market housing (e.g. social) and market housing (e.g. private rental and home ownership). As is the usual District practice, these rental units will be secured through a Section 905 Housing Agreement. A separate report will be sent to Council outlining the final terms and to obtain readings for authorization bylaw necessary for the housing agreement. The authorization bylaw would be considered for final reading together with the final adoption of the zone amending bylaw for the proposed CD Zone to govern this development proposal. The provision of this rental housing will support the OCP policies to accommodate a wide range of housing needs in the District. Although the preference is for such units to be affordable rental, a Housing Action Plan is not in place to help define what constitutes “affordability” and consistency in implementing this OCP policy. However, as this is a large 240-unit housing development, setting aside 10% or 24 units for market rental housing is a reasonable requirement, to give future residents a choice in their housing options. The applicant intends to insure the identified units remain rental for a minimum period of five (5) years following the completion of Phase 3. Based on the proposed phasing, units in Phase 1 would be rented out for a minimum period of about 12 – 15 years, Phase 2 about 8 - 10 years, Phase 3 about 5 years. To achieve this, the applicant intends to employ Section 139 and 143 of the Strata Property Act and by the filing of a Form J Rental Disclosure Statement with the Superintended of Real Estate . These provisions provide for the identification of these rental units and to insure the owner- developer or a future strata council do not pass bylaws preventing owners from renting the identified units. Coordination of this approach with the Housing Agreement would be necessary. • Outdoor Community Space: The public space associated with this development will include: the street edges, features at the two main corners, a pedestrianized former laneway having a porte - cochère entrance to Edge Street and a semi-public open space in phase 3 of about 470 square meters (about 4,000 square feet) space at the lower roof level. There is some flexibility to allow the roof level space to be adapted to the needs of future residents, including areas for child play, gardening, exercise, etc. Some of this space is to be situated in such a manner to be accessible to any future daycare in the complex and is proposed to be available for a certain proportion of time for community use in association with events, activities or programs. The development permits will reflect the landscaping and design details. - 11 - • Indoor Community Space: The applicant is pursuing a number of options for the use of approximately 2,040 square meters (about 22,000 square feet) of commercial space on the Fourth Floor use as a college, community meeting room, community service organization offices, day care or a combination thereof. The particulars, including ownership, lease or rental arrangements will be reflected in a restrictive covenant or equivalent legal instrument registered after third reading. • Green Screen: Through the development permit process, the details of this feature will be specified. In addition, there will be an agreement, insuring the long term maintenance of this natural feature. Green screens are proposed in phase 1 for the lower building wall facing the lane and in Phase 3 for the lower level wall that is setback and facing the lot to the east. • Charging Stations: Each phase is to have installed an electric vehicle parking station for residential use. In Phases 2 and 3, an additional electric vehicle parking station is to be provided in a location accessible to the general public, either in the parking building or on the street. • Community Digital Information Board: It is proposed to incorporate a digital electronic board as part of phase 3 as a focal element. Strategically located in the Town Centre across from the Civic Centre, this will support and promote a busy, vital and vibrant pedestrian area. The intent is t o sensitively integrate it into the landscaping or building façade. This will be achieved through the Phase 3 development permit review. Bylaw Enforcement has advised that changes are being contemplated to the Sign Bylaw to allow this type of sign as a variance category in the bylaw. By agreement to be reached as a third reading condition, a minimum proportion of time or content will be established for civic and community information, news, digital art display and public service announcements. Proposed Variances: This bylaw was specifically crafted as requested by the applicant to accommodate the development project. Therefore, no variances have been requested. In the event departures will be necessary, a development variance permit application will be submitted and forwarded after staff review for Council to consider. Off-Street Parking and Loading Bylaw: Parking and loading is to be provided in compliance with Maple Ridge Town Centre Parking Standards in Section 10 of Parking and Loading Bylaw. Overall, there will be 33 more parking spaces than required currently by the bylaw. With the parking being provided in an interconnected structure, there will be legal arrangements to shared commercial parking spaces between phases. Based on the total parking required, the following is the minimum number of disabled parking spaces required: one (1) space in Phase 1, two (2) in Phase 2 and three (3) in Phase 3. The project complies. - 12 - The number of residential and non-residential (commercial) parking spaces, including visitor spaces, are as follows: Phase 1 Phase 2 Phase 3 Total Bylaw requirement 62 102 156 320 Provided 100 114 139 355 Difference +38 +12 -17 +33 In addition, the required one off-street loading space is provided in each phase. For bicycle storage, the requirement is 153 spaces and a total of 154 are proposed. Long term and short term bicycle parking requirement for residents and users of the commercial uses are as follows: Phase 1 Phase 2 Phase 3 Total Bylaw Requirement: - Residential - Commercial 26 3 40 9 66 9 132 21 Total Required: 29 49 75 153 Total Provided: 30 49 75 154 Development Permits: Pursuant to Section 8.11 of the Official Community Plan, a Town Centre Development Permit application is required for all multi-family residential, flexible mixed use and commercial development located in the Town Centre. Unlike most residential or commercial projects, this development is being staged over a period of up to eight (8) years. This is also different from a phased strata development where a development permit is issued for all the design of buildings in all phases, and timing for commencing and completing each phase is governed through a phasing declaration form issued by the Approving Officer under the Strata Property Act. Therefore, a supplementary set of development permit guidelines (See Appendix J) will be included as part of the development covenant. These guidelines have been reviewed by the Advisory Design Panel. For each phase of this development, there would be a separate development permit application submitted, referred to the Advisory Design Panel for review and evaluated on the following basis:  Compliance with the Town Centre Development Permit Area Guidelines;  Having a consistent form and character over the 3 phases; and  Being in compliance with the supplementary guidelines, such as provision of public art on the façade, pedestrian and public spaces, digital display screen, green walls, etc. The development permit application for the first phase will be brought forward to Council for issuance in conjunction with the adoption of the zone amending bylaw to create the CD Z one for this - 13 - development proposal. Applications for Phases 2 and 3 would be brought forward to Council in the future as the developer and market dictate. Advisory Design Panel : Referral Summary: This project was brought before the Advisory Design Panel on June 11, 2013. The entire project was also presented to provide context and to obtain general comments on the entire design concept as well as specific comments for the first phase 6-storey building. Development permit applications for the future phases will be referred to the panel for a detailed review. A description and revised plans addressing the following Panel comments will be included in a future generalized and detailed development permit application report to Council.  Confirm sidewalk alternative/s to obtain wider sidewalks with street trees.  Consider location of the upper storey parking spaces and façade openings.  Consider connections for all podium levels.  Confirm location of parking lot venting.  Keep corner plazas as open as possible.  Develop a more distinctive treatment for tower roofs.  Look at providing a visual treatment for lower rooftops.  Consider articulating a green screen wall along the lane.  Consider opening up the entrances of the lane and driveways.  Look at creating an inviting treatment in the laneway including lighting and wall treatment.  Provide proper soil volumes for trees.  Explore alternative landscape treatments on the upper levels.  Show landscape elements on the elevation drawings.  Include development design guidelines in the Phase Developments Agreement.  Look at the architectural treatment of the separation between the podium and tower.  Consider providing rooftop amenity area.  Look at providing a cleaner treatment of areas between the buildings.  Look at providing a better frontage treatment for commercial units along Brown Avenue.  Consider reducing the amount of deck space on Building 2 adjacent to Building 1.  Provide clearer phasing plans showing interim treatment of exposed wall/s.  Confirm details, amounts and source of funding for proposed Public Art.  Look at including parking level screens and guard rails as public art.  Consider a child space amenity area.  Provide a pedestrian treatment across the lane and underground parking entrances/access area.  Confirm the durability of metal panels used at pedestrian levels.  Create an entry feature in Building 1 similar to Buildings 2 and 3.  Consider separate commercial and resident garbage area. - 14 - Staff Comments and Conclusion: With the full application submission being made, staff has identified additional matters to be addressed by the applicant respecting design. These include:  Providing for architecturally integrated business and directional signage.  Insuring adequate clearance for vehicle passing through the porte-cochère (former lane) to Edge Street.  Providing for appropriate screening and detailing of the knock out walls between phases of the parking building before being interconnected with future phases. Revised plans have been submitted by the project’s Architect that address nearly all ADP and further design concerns. The usual compliance analysis will be included at a later date in the Council report for issuance of the Phase 1 development permit. Development Information Meeting : The Development Information Meeting for this proposal was held on the evening of Wednesday, May 15, 2013. Materials made available to the public included: the site plan, elevations, landscaping plans and shadow analysis. A total of two people attended with one signing the attendance sheet. The applicant advised that no written comments were left and the only q uestion was about building shadows for a property across the street. e) Interdepartmental Implications: Engineering Department: A rezoning servicing agreement forming part of a restrictive covenant to be registered on title is required to upgrade municipal services to accommodate the proposed density of this project. Where appropriate the construction of these municipal services to the final design standard may be staged with each of the 3 development phases. The details for the timing of the necessary servicing works, relocation of existing services, the provision of any temporary facilities and processing of security releases will be reflected in the rezoning servicing agreement, the development covenant and other associated documents or agreements. The staging of the services in conjunction with each project phase is not to result in the long term closures to pedestrian faciliti es or road right of ways or lane access. Details, legal instruments, including the rezoning servicing agreement and any security would be finalized between third and final reading. Parks & Leisure Services Department: The proposed provision of amenities, including public art, community-accessible open space, floor area for community or educational-related uses, and gardening space for the project’s residents, are in accordance with a number of objectives and practices to build a vibrant Town Centre. Th e provision of adaptive housing will give Maple Ridge residents the opportunity of aging in place, a key - 15 - element in achieving a healthy community. Provision of rental housing achieves the goal of having a range of housing choices in the community, however the final agreement needs to insure that these dwelling units are affordable rental housing that is owned and managed in a manner that is in favour of the District, its housing policies and a benefit to the community. The District will be responsible for maintaining the street trees to be planted along the three frontages. The Manager of Parks & Open Space has advised that the maintenance requirement will be $25.00 per new tree and will be included in the securities associated with future development permits. Fire Department: A number of comments were provided by the Fire Department. Comments included: having an adequate fires safety plan, relocation of overhead wires to improve ladder access and dealing with hazardous debris from buildings to be demolished. More detailed comments will be requested as part of finalizing the development permit plans. f) School District Comments: A referral dated March 25, 2013 was made in accordance with Sections 879 and 881 of the Local Government Act to the Maple Ridge and Pitt Meadows School District No. 42 concerning this project. No response from the School Board has been received. g) Intergovernmental Issues: Local Government Act: An amendment to the Official Community Plan requires the local government to consult wi th 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 extend the Town Centre Commercial designation, is in alignment with the goals, objectives and policies of the Town Centre Area Plan; and as such 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. - 16 - CONCLUSION: This 3-tower three-phased mixed use commercial/residential development is one of the most significant development projects and private capital works projects ever proposed in the Town Centre. When completed, it will make a major contribution to the emerging urban character in terms of its architecture, creating a sense of place, providing for business growth, increasing density, creating an animated pedestrian environment and adding to the Town Centre’s skyline. It is recommended that first and second reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 7019-2013, that second reading be given to Maple Ridge Zone Amending Bylaw No. 6966-2013 as amended, and that application 2012-115-RZ be forwarded to Public Hearing. “Original signed by Adrian Kopystynski”_________________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner “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 Appendix C – Zone Amending Bylaw (CD-1-13 Zone) Appendix D – Site Plan and Landscape Plans Appendix E – Building Elevations, Sections and Renderings Appendix F – OCP Policy Compliance Analysis Appendix G – Art Concept for Building Façade Appendix H – SAFERhome Standards Criteria Appendix I – Supplementary Development Permit Guidelines City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2013-103-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 12366 Laity Street EXECUTIVE SUMMARY: Development Variance Permit application 2013-103-DVP has been received for the subject property, located at 12366 Laity Street, in conjunction with a rezoning and subdivision application to allow future subdivision into approximately four lots in the first phase; the largest of which shall be subsequently subdivided into three further lots, for a total of six proposed lots. The requested variances are to: 1.Reduce the minimum road right-of-way for the proposed cul-de-sac from 15m (49 ft.) to 11m (36 ft.) and for Laity Street to reduce the minimum width for a collector road from 20m (66 ft.) to 18m (59 ft.); 2.to reduce the minimum road carriageway for the new cul-de-sac from 8.6m (28 ft.) to 6.7m (22 ft.); 3.to reduce the minimum front setback for the existing home from 5.5m (18 ft.) to 1.2m (4 ft.); and 4.to reduce the minimum rear setback for proposed Lot 1, from 8m (26 ft.) to 7.8m (25 ft.). Council considered rezoning application 2013-103-RZ and granted first reading for Zone Amending Bylaw No.7042-2013 on December 10, 2013 and second reading on September 9, 2014. This application was presented at Public Hearing on October 21, 2014, and Council granted third reading on October 28, 2014. It is recommended that Development Variance Permit 2013-103-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2013-103-DVP respecting property located at 12366 Laity Street. DISCUSSION: a)Background Context Applicant: OTG Developments Owner: Gurpreet and Jiwanwant Rakhra Legal Description: Lot 2, District Lot 248, Group 1, New Westminster District Plan 7478 OCP: Existing: Urban Residential Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: R-1 (Residential District) 1103 - 2 - Surrounding Uses: North: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential South: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential East: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 0.405 ha (1 acre) Access: Cul-de-sac off Laity Street Servicing requirement: Urban Standard Companion Applications: 2013-103-RZ/SD b) Requested Variances: 1. Subdivision and Development Services Bylaw No. 4800-1993, Schedule B: To reduce the minimum width for an urban cul-de-sac right-of-way from 15m (49 ft.) to 11m (36 ft.), and to reduce the minimum width of right-of-way for Laity Street, a collector road, from 20m (66 ft.) to 18m (59 ft.). 2. Subdivision and Development Services Bylaw No. 4800-1993, Schedule C: To reduce the minimum road carriageway from 8.6m (28 ft.) to 6.7m (22 ft.) for the new cul-de-sac. 3. Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 601 C. (11) (c) (i): To reduce the minimum front setback for the existing home, from 5.5m (18 ft.) to 1.2m (4 ft.). 4. Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 601 C. (11) (c) (ii): To reduce the minimum rear setback for proposed Lot 1, from 8m (26 ft.) to 7.8m (25 ft.). c) Project Description: The subject property is approximately 0.4 ha (1 acre) in size and is bound by single family residential properties to the north, east, and south, and Laity Street to the west (see Appendix A). A single family home is located on the east side of the property and is proposed to be maintained in the first phase of the subdivision. The application proposes to rezone the subject property from RS-1 (One Family Urban Residential) to R-1 (Residential District), to permit future subdivision into approximately six single family residential lots. The subdivision is proposed to occur in two phases, with the first phase consisting of four single family lots, allowing the existing house to remain. The second phase would occur at a later date and would subdivide the remaining large single family lot into approximately three single family lots. Access is proposed to be off a new cul-de-sac constructed off of Laity Street, constructed within an 11m (36 ft.) road right-of-way. The first phase will construct a temporary turnaround for access. The second phase will construct the northern half of the cul-de-sac. The additional right-of-way will be taken from the southern property and the southern half of the cul-de-sac will be constructed through a future development by the adjacent southern property owner, if they choose to develop. - 3 - Variances will be required to allow the narrower road right-of-way for Laity Street; the narrower road right-of-way for the cul-de-sac; and the narrower road carriageway for the cul-de-sac. The required urban services can be provided within the proposed 11m (36 ft.) road right-of-way. Once built, this road width will be adequate for two cars or emergency vehicles to pass. In the future, should the southern properties choose to develop, they will be required to provide 4m (13 ft.) of road dedication, which will allow for the roadway to be widened and completion of the boulevard. d) Planning Analysis: The Zoning Bylaw establishes general minimum and maximum setback regulations for single family development. A Development Variance Permit allows Council to vary provisions of a bylaw to facilitate a development. The applicant is proposing the following variances (see Appendix B): 1. To reduce the minimum road right-of-way for the proposed cul-de-sac from 15m (49 ft.) to 11m (36 ft.) and for Laity Street to reduce the minimum width for a collector road from 20m (66 ft.) to 18m (59 ft.). The applicant has attempted to work with the adjacent property to the south to develop the road and properties together; however the property owner to the south is not interested in developing at this time. In order to proceed with their development, this applicant has proposed to build the majority of the road within their property, with the required urban services being provided within the proposed 11 m (36 ft.) road right-of-way. Therefore, the variance for the proposed new cul-de-sac right-of way is supported. Laity Street is currently 15m (49 ft.) fronting the development. Three metres of road dedication will be taken as a condition of rezoning. The existing right-of-way width for Laity Street varies from 20m (66 ft.) down to 15m (49 ft.), and the ultimate road cross-section can be accommodated within the 18m (59 ft.) right-of-way, therefore the variance for the proposed Laity Street right-of-way is supported. 2. To reduce the minimum road carriageway for the new cul-de-sac from 8.6m (28 ft.) to 6.7m (22 ft.). Once built, this road width will be adequate for two cars or emergency vehicles to pass. In the future, should the southern properties choose to develop, they will be required to provide 4m (13 ft.) of road dedication, which will allow for the completion of the roadway and boulevard. This variance is supported. 3. To reduce the minimum front setback for the existing home from 5.5m (18 ft.) to 1.2m (4 ft.). The reduction for the minimum front yard setback is the result of a new lot orientation for the existing home. As there aren’t any homes immediately adjacent to this frontage, it is not expected to have a negative impact on the neighbouring properties. This home is proposed to be demolished with the second phase of the subdivision, at which point the variance will no longer be required. This variance is supported. 4. To reduce the minimum rear setback for proposed Lot 1, from 8m (26 ft.) to 7.8m (25 ft.). The reduction for the minimum rear yard setback for proposed Lot 1 is the result of thi s lot requiring a larger exterior side setback compared to the remaining three lots, which have interior side setback - 4 - requirements. This variance of 0.2 m (0.7 ft.) is considered minor in nature and is not expected to have a negative impact on the neighbouring properties; therefore this variance is supported. e) Citizen/Customer Implications: Several letters of opposition were received on the rezoning application, claiming that the density is too high, expressing parking concerns, the development not being compatible with the surrounding neighbourhood, and de-valuation of surrounding properties. These concerns were identified at the Public Hearing on October 21, 2014, and Council subsequently gave third reading. Notification regarding this variance report consideration has occurred, and Council may expect to hear the same concerns. f) Interdepartmental Implications: The Engineering, Fire, and Licenses, Permits, and Bylaws Departments have reviewed the proposed subdivision layout and are satisfied with the layout. ALTERNATIVE: Should Council not wish to support the proposed variances, the applicant could be required to provide the full cul-de-sac right-of-way and carriageway width within the subject property. This would result in shorter, wider lots, which would require a minimum lot depth variance of approximately 3 m (10 ft.) and a rear yard setback variance of approximately 0.2 m (0.7 ft.), and could result in a lower lot yield. A new subdivision layout would need to be provided to determine the exact number of potential lots. CONCLUSION: The proposed variances are supported for the reasons described above, therefore, it is recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2013-103-DVP. “Original signed by Michelle Baski”________________ Prepared by: Michelle Baski, AScT 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 Jim Rule”_________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Subdivision Plan Showing Variances City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Oct 29, 2013 FILE: 2013-103-RZ BY: PC CORPORATION OFTHE DISTRICT OFMAPLE RIDGE FINANCE DEPARTMENT SUBJECT PROPERTY 124 AVE LAITY ST´ Scale: 1:1,500 12366 LAITY STREET APPENDIX A APPENDIX B City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2015-012-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 23103 136 Avenue EXECUTIVE SUMMARY: Development Variance Permit application 2015-012-DVP has been received for 23103 136 Avenue (Appendix A) in conjunction with subdivision application SD/087/08. The proposed variance is to postpone the servicing upgrades on the 232 Street property frontage of the site at proposed Lot 39, which is currently zoned A-2 (Upland Agricultural). Servicing upgrades on 232 Street, to a Silver Valley Arterial Road standard, will be required with a future application to rezone and develop Lot 39. It is recommended that Development Variance Permit 2015-012-DVP be approved. Council granted first reading for Zone Amending Bylaw No. 6899 – 2012 on April 24, 2012. Council granted first and second reading for Official Community Plan Amending Bylaw No. 7082-2014 on May 27, 2014 and second reading for Zone Amending Bylaw No. 6899-2012 on May 27, 2014. The application was presented at Public Hearing on June 17, 2014. Council granted third reading on June 24, 2014, and final reading on September 30, 2014. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-012-DVP respecting property located at 23103 136 Avenue. DISCUSSION: a)Background Context Applicant: Joel Lycan Owner: Campton Services Corp. Legal Description: Lot 10, Section 32, Township 12, NWD Plan 38408, except Plans BCP48908, EPP27588 and DPP 44846 OCP: Civic, Conservation, Med/High Denisty Residential , Medium Density Residential, Low/Medium Density Residential and Neighbourhood Park 1104 - 2 - Zoning: R-1 (Residential District), R-2 (Urban Residential District), RS-1b (One Family Urban (Medium Density) Residential), P-1 (Park and School) and A-2 (Upland Agricultural). Surrounding Uses: North: Use: Park, Neighbourhood Park, Conservation, Townhouse, Single Family Residential Zone: P-1 (Park and School), A-2 (Upland Agricultural), RM-1 (Townhouse Residential), R-3 (Special Amenity Residential District), R-1 (Residential District) Designation Civic, Neighbourhood Park, Conservation, Med/High Density Residential, Medium Density Residential South: Use: Park, Single Family Residential Zone: RS-3 (Rural Residential), RS-1b (One Family Urban (Medium Density) Residential) Designation: Conservation, Low/Medium Density Residential East: Use: Single Family Rural Residential Zone: RS-3 (Rural Residential), A-2 (Upland Agricultural) Designation: Med/High Density Residential, Medium Density Residential, Civic, Conservation West: Use: Single Family Residential Zone: CD-3-98 Designation: Low Density Urban, Eco-Clusters, Existing Use of Property: Rural Residential Proposed Use of Property: Single Family Residential, Park, Conservation (Phase One) Future proposed School site and Townhouse (Phase Two) Site Area: 5.896 hectares (14.57 acres) Access: 136 Avenue, Gilbert Drive, 230A Street and 232 Street Servicing requirement: Urban Standard b) Requested Variance: 1. Subdivision and Development Services Bylaw No. 4800-1993, Schedule A – Services and Utilities: To postpone the requirements for servicing upgrades on the 232 Street frontage until an application is received to rezone and develop that portion of the property (Lot 39). c) Project Description: Rezoning application RZ/087/08 was approved by Council on September 30, 2014 to rezone a portion of the subject property (Lots 1 to 38, as shown on Appendix B) from A-2 (Upland Agricultural) - 3 - to R-1 (Residential District), R-2 (Urban Residential District), RS-1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School) to permit a future development that includes 38 single family lots. A municipal park site and a linear park (trail) were dedicated at rezoning. At the same time four areas of the site were dedicated as park for the protection of watercourses and natural features. The remainder of the subject property (Lot 39) was not rezoned with the above noted rezoning application and is still zoned A-2. Lot 39 is a 1.534 hectare (3.79 acre) parcel that has been designated for a future school site in the centre of the site and a future townhouse development in the northeast corner fronting on 232 Street. d) Planning Analysis: The Subdivision and Development Services Bylaw establishes standards for provision of services for utilities and roads for a development. A Development Variance Permit allows Council some flexibility in the approval process. The applicant is proposing to postpone the servicing upgrades on the 232 Street property frontage until a future application to rezone and develop that portion of the site (Lot 39) is received (Appendix C). Currently 232 Street is a Rural Arterial Road at this location with a paved carriageway, gravel shoulders and a ditch. The reason for the variance request is that it is not known what the new development plans will be for a townhouse on the site and therefore the location of driveways, service connections, street trees and other services can not be determined. When lot 39 is rezoned full urban servicing upgrades and road improvements to the Silver Valley Arterial Road standard will be required on 232 Street. This standard includes two travel lanes, two parking lanes, concrete curbs and sidewalks, street trees, street lights and underground wiring. Application SD/087/08, for subdivision of the site into 38 single family lots and one large remainder lot (Lot 39), is expected to proceed to the approval stage in the near future. An existing dwelling, fronting onto 232 Street, is intended to remain on the A-2 zoned Lot 39 and to continue to be served by a septic system. At the subdivision approval stage a no-build covenant will be registered on the title of Lot 39 that stipulates no new buildings are permitted, and that existing buildings cannot be re-built if damaged or demolished. Also, that the dwelling must remain in habitable condition and be occupied. If the building becomes vacant it should be demolished, as per the Fire Department comments. The dwelling will be removed with the future rezoning and development of Lot 39. e) Interdepartmental Implications: The Engineering Department supports the variance to postpone the servicing upgrades on 232 Street until a future application to rezone and development Lot 39 is received. Until an application for a townhouse development fronting on to 232 Street is submitted and reviewed, it is not known what servicing upgrades would be required to support the development and 232 Street will then be upgraded to a Silver Valley Arterial Road standard. CONCLUSIONS: The requested variance is to postpone servicing upgrades on the 232 Street property frontage of the site. Lot 39 is currently zoned A-2 and the existing house will remain with a no-build covenant - 4 - registered at the subdivision approval stage, as noted in d) above. When a future application to rezone and develop Lot 39 is submitted, servicing upgrades on 232 Street, to a Silver Valley Arterial Road standard, will be required. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2015-012-VP. “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 David Pollock” for _______________________________________________ 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 – Subdivision Plan Appendix C – Engineer’s Servicing Plan DATE: Feb 20, 2015 2015-012-VP BY: JV CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 23103 136 AvenueLegend !(Ponds \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Lake/Reservoir APPENDIX A APPENDIX B APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2015-013-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 11195, 11187, 11181, 11175, 11169, 11159, 11151, 11143 and 11135 239 Street EXECUTIVE SUMMARY: Development Variance Permit application 2015-013-DVP has been received to vary the permitted maximum height for houses to be constructed on each of 9 lots zoned Urban Residential District (R-2) at the southwest corner of Kanaka Way and 239 Street. This subdivision has been acquired by Qualico/Foxridge, the developer of the 38 lot Cliffstone subdivision to the east and south. Both subdivisions share the same acess to Kanaka Way using 239 Street. Qualico is seeking to vary the maximum building height from 9.75 metres to 11 metres as was approved earlier (2012-020-DVP) for their original 38 lot subdivision. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-013-DVP respecting property located at 11195, 11187, 11181, 11175, 11169, 11159, 11151, 11143 and 11135 239 Street. DISCUSSION: a)Background Context Applicant: Damax Consultants Ltd. Owner: Qualico Developments (Vancover) Inc., Inc. No. A26101 Legal Description: Lots 1 - 9 District Lot 404 NWD Plan EPP45994 OCP : Existing: Urban Residential Zoning: Existing: R-2 (Urban Residential District) 1105 - 2 - Surrounding Uses: North: Use: Townhouses and Park Zone: Townhouse Residential (RM-1) Designation Urban Residential and Conservation South: Use: Single Family and Park Zone: Urban Residential District (R-2) Designation: Urban Residential and Conservation East: Use: Single Family and Rowhouses Zone: Street Townhouse Residential (RST) and Urban Residential District (R-2) Designation: Urban Residential West: Use: Park Zone: One Family Rural Residential (RS-3) Designation: Conservation Existing Use of Property: Single Family Lots Access: 239 Street Servicing: Urban Lot Size: 315 square meters (minimum) b) Requested Variance: Part 6, 601B R-2 Urban Residential District of Maple Ridge Zoning Bylaw No. 3510 -1985 is proposed to be varied as follows:  Section E. HEIGHT, 1. Height is varied to increase the maximum height requirement for all buildings and structures for one family residential uses from 9.75 metres to 11 metres. c) Project Description: The site is zoned R-2 Zone and contains 9 residential lots. A height variance from 9.75 metres to 11 metres is being requested to make the houses within the entire Qualico subdivision complementary with respect to bulk and character, as well as achieving a more cohesive image for the emerging neighbourhood. d) Planning Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for single family development. A Development Variance Permit allows Council some flexibility in the approval process. Justifications for the proposed height variance include:  An 11 metre height will permit an aesthetically pleasing collection of diverse housing styles with roof lines on the sloping lots;  This will facilitate the development of common housing forms present in Maple Ridge;  Qualico can market the two subdivisions together;  This will be the same variance that was granted in Qualico’s original subdivision as well as in Genstar’s Wynnridge subdivision to the southwest; and - 3 -  This height will be in keeping with the proposed maximum height requirement to be contained in the proposed New Zoning Bylaw. CONCLUSIONS: The proposed maximum height variance is consistent with those approved by Council in the area, aligns with the height requirement of the future Zoning Bylaw and is preferable for Qualico’s marketing strategy. No impacts are anticipated, therefore, this height variance is supported by the Planning Department. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2015-013-DVP. "Original signed by Adrian Kopystynski" _______________________________________________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by David Pollock” for _______________________________________________ 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 – Subdivision Plan Appendix C – Elevations with Proposed variance DATE: Feb 5, 2015 FILE: 2015-013-VP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:2,000 11135/43/51/59/6/75/81/87/95239 STREET 240 STLegend !(Ponds \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River Major Rivers & Lakes APPENDIX A APPENDIX B APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2015-020-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 13065 Katonien Street EXECUTIVE SUMMARY: Development Variance Permit application (2015-020-DVP) has been received to vary the parking requirement and the retaining wall height in support of the proposed Indoor Mountain and BMX Biking Facility in Kanaka Business Park. A site-specific Zoning Bylaw text amendment (2014-043-RZ) allowing this use was approved by Council on December 9, 2014. It is recommended that Development Variance Permit 2015-020-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-020-DVP respecting property located at 13065 Katonien Street. DISCUSSION: a)Background Context Applicant: Suemoe Enterprises Ltd (Matteo Signorelli) Owner: Suemoe Enterprises Ltd Legal Description: Lot 14 Section 25 Township 12 New Westminster District Plan BCP42202 OCP: Existing: Suburban Residential Zoning: Existing: M-2 (General Industrial) Surrounding Uses: North: Use: City owned vacant land Zone: M-2 (General Industrial) Designation: Rural Resource and Suburban Residential South: Use: Industrial Zone: M-2 (General Industrial) Designation: Suburban Residential East: Use: Industrial Zone: M-2 (General Industrial) Designation: Rural Resource and Suburban Residential 1106 - 2 - West: Use: City owned vacant land Zone: M-2 (General Industrial) Designation: Rural Resource and Suburban Residential Existing Use of Property: Vacant Proposed Use of Property: Indoor Mountain and BMX Biking Facility Site Area: 0.57 Hectares (1.41 acres) Access: Katonien Street Servicing requirement: Rural Standard Previous Application: 2014-043-RZ b) Requested Variance: 1. Maple Ridge Zoning Bylaw No 3510-1985, Part 4 General Regulations, 403 (8): To increase the maximum exposed height of a retaining wall or an excavated wall from 1.2 to 4.0 metres; and 2. Maple Ridge Off Street Parking and Loading Bylaw No 4350-1990, Schedule A, 2.0 j): To reduce the parking requirement for Indoor Commercial Recreation from 1 space per 30 square metres of gross floor area to 1 space per 91 square metres of gross floor area. c) Project Description: The applicant is proposing to construct a building of about 2,832 square metres to house an Indoor Mountain and BMX Biking Facility. The design of the building will be subject to The Building and Design Guidelines for Kanaka Business Park; however, on-site parking is to be reduced to 31 spaces plus a disabled parking space (total 32 spaces) and the maximum height for the proposed retaining walls on a small portion of the site is to be increased to 4.0 metres from 1.2 metres (Appendix C). d) Planning Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for development and the Off Street Parking Bylaw establishes parking standards for different classes of uses. A Development Variance Permit allows Council some flexibility in the approval process. Retaining Wall Variance: The proposed Indoor Mountain and BMX Biking Facility is a very specific indoor recreation use requiring bike riding circuits with ramps and other elements, enclosed in a large building. Consequently, some taller retaining walls are required to accommodate the flat building floor plate of about 2,832 square metres. Therefore, the applicant is seeking a variance to allow the maximum height of the retaining walls of up to 4.0 metres rather than the current maximum of 1.2 metres. The location and selected section are shown in Appendix C. Given the Business Park / Industrial nature of the area and that the over height wall locations are not seen from the street nor are subject to any residential overlook, this variance will have a limited impact and is deemed supportable. Parking Variance: The proposed variance is to reduce the parking requirement for Indoor Commercial Recreation from 1 space per 30 square metres of gross floor area to 1 space per 91 square metres of gross floor area. The transportation consultant retained by the applicant, has reviewed the operation of similar existing biking facilities and assessed the anticipated user demand for the proposal facility at 13065 Katonien Street. The conclusion was that 32 parking spaces (31 spaces - 3 - plus one disabled parking space) would satisfy the parking demand for the users of the future facility. This translates into a requirement of 1 space per 91 square metres of gross floor area, about a third of the 1 space per 30 requirement in the Bylaw (e.g. 32 spaces versus 95 spaces). It is acknowledged that this Indoor Mountain and BMX Biking Facility is more similar in nature to a warehouse footprint, in contrast to a typical indoor recreation facility with more concentrated activities, such as a bowling alley or yoga class. The proposed standard is similar to that required for “a building for an Industrial Use” in the Parking and Loading Bylaw (e.g. 1 space per 93 square metres), which is nearly identical to the 1 space per 91 square metres identified by the applicant’s transportation consultant. Therefore, this variance can be supported. e) Interdepartmental Implications: The Engineering and Building Department had no comment about the parking variances. The Building Department will review and assess the retaining wall from a structural perspective as part of the building permit application for the Indoor Mountain and BMX Biking Facility building. CONCLUSIONS: The proposed variances are supported by the Planning because the reduced parking has been justified by the analysis prepared by the applicant’s transportation consultant and the retaining wall will be structurally engineered and the visual impact is acceptable being located in a non-residential area. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2015-020-DVP. “Original signed by Adrian Kopystynski”______________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner “Original signed by Christine Carter”____________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by David Pollock”_______________for_____ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by 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 – Retaining Wall Plans City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Feb 12, 2015 2015-020-VP BY: JV CITY OF MAPLE RIDGE P LA N NIN G DE P A R T M E N T 13140 13050 13115 13065 12935 129901315013090 13065 13080 13035 13030 13020 1314512930 12995 13033 1295 5 13060 2619012965 12990 1313013170 13085 12935 1292 5 13110 12930 12960 12955 1317612920KATONIEN ST.130 AVE.LILLEY DR. LILLEY D R . SUBJECT PROPERTY ´ Scale: 1:3,000 13065 Katonien Street APPENDIX A APPENDIX B APPENDIX C 170.0 LOff BLOCK WAIL MN 0.3m 7YPE l FIIL 169.0 CLAIM MIN z PAVEMENT BY OTHERS PARKING LOT WAIL Hf1GfN 16B.0 12M MAX. 167.0 !; L d �n 3H4V i lEYI7JNG J PAO� IXSDNG S4ND & GR4lEL 166.0 PFRfORM40 PVG PIPE DR41N 165.0 1640 i NOTES 16 oO - IHE FIRST COURSE OF LOCK BLOCK SHALL BE PLACED ON LEVELING PAD CONS7RUmo ON STR1PPm/APPROVfO SUb7RADE _ E1EV = 16J.4J -WALL CORNER 70 BE CONSTRUCTED BYW--IN-PLACE CONCRE7f (MIH 162.0 20UPa) BLOCKS: ' IXISDNG CR4LJE - PMFOR40 DRAINPIPE TO BE PENETRATED THROUGH NE CAST -IN -PLACE — 161,0 ,. ' CONCRETE WALL CORNER, AND CONNECTED TO IHf BUILOM DRNN-TILE 160.0 -10 -5 0 5 10 15 20 15 TYPMAL SOUTH CM SEWN A SO4LE 1.6100 17JO a 171.0 PROPOSm MOW PARKING LOT W = 168.70 171.0 (BOTTOM OF SUBBASE) PAVEMENT BY O7NER5 fLEY = 168.10 TYPE / TIIL (BOTTOM OF SUB94SE) LOCK BLOCK WALL 170.0 MIN. 0.3m a E2EV = 16777 fLEV=1d90ip LZEV= 167..77 169.0 — —. OF SLOP[) E — ' �C z✓`- r - 168.0 IXSTNC GRllf fX/STWG S4ND & GRAVEL .. 5, Om _� TEMP. CUT (JH.•4VJ -'�' +. ;�; . 1N. SURNL OJm Js70 -�----------- ----------------------' GfO7fXNLE LPAO LfE NG CHIMNEY DRAIN L 100mm6 _ )F4TO PVC PIPE DRNN -166.0 ELY - 156.J2 &5m ?i TmFu ' 1650 164.0 EZfl = 163.11 YO -15 -10 -5 0 -------- 6J0 5 f0 15 IYPM SOUTH CM SECIKIN B SCALE = 1:100 R6EARICE /115-12DOWes77J-NAK. DATE DECEMBFR 9, 2014 LOT 14 KANAKA BUSINESS PARK "E "a Canodo MP 6G5 (ago dC%f/C 12444 °RN' RY` N.S. """ °•M.J.K13065 IOITON/EN S'IRfET, ,uAPLE R1DGE, BC A. A (IN) Consultants Ltd SCALE owc. "°_ AS SHOWN LOCK AMY WALL - IY M SOI/LA CROSS SIC77ONA & BG-RW2 !'iLl City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2014-074-CU FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Temporary Commercial Use Permit 22245 Lougheed Highway EXECUTIVE SUMMARY: Official Community Plan Amending Bylaw No. 7108-2014 was adopted on February 10, 2015, which permitted CS-1 (Service Commercial) uses, within the C-3 (Town Centre Commercial) zoned building on the subject property, located at 22245 Lougheed Highway (see Appendix A). This report allows for the Temporary Commercial Use Permit associated with the Official Community Plan amendment to be issued. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2014-074-CU respecting property located at 22245 Lougheed Highway. DISCUSSION: a)Background Context: Applicant: Mussallem Realty Limited Owner: Mussallem Realty Limited Legal Description: Lot 61, District Lot 398, Group 1, New Westminster District Plan 25783 OCP: Existing: Town Centre Commercial Proposed: Commercial (Temporary) Zoning: Existing: C-3 (Town Centre Commercial) Proposed: Temporary CS-1 (Service Commercial) Surrounding Uses: North: Use: Vacant Zone: C-3 (Town Centre Commercial) Designation: Flexible Mixed-Use South: Use: Pub and Liquor Store Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial 1107 - 2 - East: Use: Vacant Zone: CS-1 (Service Commercial) Designation: Town Centre Commercial West: Use: Retail Commercial (Vacant) Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial Existing Use of Property: Vacant Building Proposed Use of Property: CS-1 (Service Commercial) zone permitted uses Site Area: 386 m² (4,155 ft²) Access: Lane Servicing requirement: Urban Standard b) Project Description: Official Community Plan Amending Bylaw No. 7108-2014 amended Appendix D - Temporary Use Permits of the Official Community Plan (OCP) to allow a Temporary Commercial Use Permit on the subject property (see Appendix B). A vacant building currently exists on the subject property. The bylaw allows CS-1 (Service Commercial) uses, with the exception of: n) recycling depot; r) service station; s) warehousing; t) Liquor Primary Establishment; and u) Licensee Retail Store, on a temporary basis, in the existing building. The long-term plans for the entire parcel are for redevelopment and lot consolidation for a future mixed-use development. c) Planning Analysis: The subject property is currently zoned C-3 (Town Centre Commercial), which does not permit the highway commercial use. As the lots to the east, which are also owned by the applicant, are zoned CS-1 (Service Commercial), which permits the highway commercial use, the applicant feels that they would be in a better position to rent out the existing smaller building for a CS-1 (Service Commercial) use at this time. A rezoning and development application may be submitted in the future that would incorporate rezoning and developing the assembly of lots owned by the applicant; the refore, a temporary use permit is more appropriate than a rezoning application at this point in time. d) Intergovernmental Issues: The Ministry of Transportation and Infrastructure and School District 42 did not have any concerns with this temporary use. e) Citizen/Customer Implications: A Development Information Meeting was held at 22245 Lougheed Highway on November 20, 2014. Nobody attended the meeting, therefore no concerns were raised. Public notice regarding this permit has been advertised in the local newspaper. - 3 - CONCLUSION: As Official Community Plan Amending Bylaw No. 7108-2014 was adopted on February 10, 2015; therefore, it is now appropriate to recommend that the Corporate Officer be authorized to sign and seal 2014-074-CU respecting property located at 22245 Lougheed Highway. “Original signed by Michelle Baski” _______________________________________________ Prepared by: Michelle Baski Planning Technician "Original signed by Christine Carter" _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by David Pollock” for _______________________________________________ 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. 7108-2014 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Oct 10, 2014 FILE: 2014-074-CU BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:1,500 22245 LOUGHEED HWY LOUGHEED HWY SELKIRK ST 222 STNORTH AVE APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7108-2014 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 Schedule "A" 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. 7108-2014." 2.Appendix D. TEMPORARY USE PERMITS, TEMPORARY USE PERMITS, Item 4. is amended by changing “two years” to “three years”, as per the Local Government Act, Section 921 (11). 3.Appendix D. TEMPORARY USE PERMITS, TEMPORARY USE PERMIT AREA, first sentence, is amended by removing “The following areas are designated Temporary Industrial Use Permit Areas”, and by adding the sentence “The following areas are designated for Temporary Use Permit Areas”; and 4.Appendix D. TEMPORARY USE PERMITS, TEMPORARY USE PERMIT AREA is amended by the addition of the following, in sequential numeric order: “Temporary Commercial Use Permit Area No.3 Purpose: To permit CS-1 (Service Commercial) uses within the existing C-3 (Town Centre Commercial) zoned building, excluding the following uses: n) recycling depot; r) service station; s) warehousing; t) Liquor Primary Establishment; and u) Licensee Retail Store. Location: Those parcels or tracts of land and premises shown on Temporary Commercial Use Permit Area No.3 map, and known and described as: Lot 61 District Lot 398 Group 1 New Westminster District Plan 25783” are hereby designated to permit a temporary commercial use for CS-1 (Service Commercial) uses, for a three-year period, effective upon adoption of this bylaw. APPENDIX B 5. Appendix D. TEMPORARY USE PERMITS, TEMPORARY USE PERMIT AREA is amended by the addition of the attached Temporary Commercial Use Permit Area Location map, in sequential numeric order. 6. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ A FIRST TIME the 28th day of October, 2014. READ A SECOND TIME the 9th day of December, 2014. PUBLIC HEARING HELD the 20th day of January, 2015. READ A THIRD TIME the 27th day of January, 2015. ADOPTED the 10th day of February, 2015. ______________________________ ______________________________ PRESIDING MEMBER CORPORATE OFFICER DAT E: Nov 25 , 2 014 BY: DT 11901 222302223822289223102222222213222412217511841 11867 2224511887 11830 11868 22239222512230822321221882222211869 11746 /76 22191222192229011857 2228611768 22318/20221732228422303/05/0722315223262231822183221902223422270222562225911841 22313223 ST.223 ST.SE LKIR K AVE . *LMP10226 68 P 76483 LMP 39631 1 LMP 52635 N44 B NWS 2948 NWS 2611 1 21 BCS 3442 17 2 45 (EPS 1148) 2 P 63822NWS 2762 LMP 39714A 32 18 15 57 P 289932 *PP072 P 62478 A P 9388 30 P 6808 A S LP 77916 Pcl.1 P 6306 P 68759 P 78577 61 P 6808 (P 6808) 42 P 61550 Rem A 242 69 29 20 Rem 42 (P 6306) RP 61574 B P 72557P 25783 B A 4 31 3 1 C A 43 P 2597044 A Rem A 22 P 74121 P 6808 5 NWS 2491 41 19 16 *PP081 (P 2899) 1 SE LK IR K AV E . LO U G H E E D H W Y.222 ST.´ Sc ale: 1:1,500 TEMPORARY COMMERCIALUSE PERMIT AREALocation No. 3 CIT Y OF MAP LE RID GE PLANNING DEPARTMENT - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: 2011-063-SD FROM: Chief Administrative Officer MEETING: C of W SUBJECT: 5% Money in Lieu Of Parkland Dedication (20974 123 Avenue) EXECUTIVE SUMMARY: The above noted subdivision is subject to the provisions of the Local Government Act regarding parkland dedication or payment in lieu of dedication. It is recommended that Council require payment in lieu of parkland dedication for the property located at 20974 123 Avenue. RECOMMENDATION: That pursuant to Local Government Act, Section 941, regarding 5% Parkland Dedication or payment in lieu, be it resolved that the owner of land proposed for subdivision at 20974 123 Avenue, under application 2011-063-SD, shall pay to the City of Maple Ridge an amount that is not less than $55,000.00. DISCUSSION: Section 941 of the Local Government Act requires the provision of parkland, without compensation, as a condition of subdivision, subject to some exceptions. The land, not to exceed 5% of the area proposed for subdivision, may be acquired in a location acceptable to the City, or a payment equal to 5% of the market value of the area proposed for subdivision is required. Section 8.9, Watercourse Protection Development Permit Area, of the Official Community Plan states that where watercourse protection areas are identified on the lands, the area is to be dedicated into public ownership as Park, where possible, for the preservation, protection, restoration and enhancement of watercourses and riparian areas. These areas also provide large vegetated areas in urban neighbourhoods that provide corridors for wildlife and passive park areas for residents. Where there is either no watercourse protection areas, or no suitable lands are identified for park dedication, then 5% of the market value of the land is paid to the City. These funds are placed into a special Parkland Acquisition Reserve Fund, for the purpose of acquiring parkland, and is typically used where the ability to achieve parkland through development is limited, such as the Blaney Bog. In this particular instance there are no watercourse protection areas and no suitable lands identified for park dedication present. Therefore, it is recommended that money in lieu of parkland dedication be provided. 1108 - 2 - In keeping with past practice, the City has requested that an appraisal be provided for the 5% market value of the development site. This appraisal is based on zoned but not serviced land. A report from a qualified real estate appraiser has determined that the market value of the land is $1,100,000.00, which indicates that the 5% value of this property is $ 55,000.00. CONCLUSION: As there are no watercourse protection areas and no suitable lands on the property for parkland dedication, it is recommended that Council require payment in lieu of parkland dedication as prescribed in the appraisal. “Original signed by Adrian Kopystynski” _______________________________________________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner “Original signed by Christin Carter” _______________________________________________ Approved by: Christine Carter, M.Pl, MCIP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn MBA, P.Eng GM: Public Works & Development Services “Original signed by Jim Rule” _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Property Map Appendix B – Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Apr 9, 2013 2011-063-RZ BY: JV 20974-123 Ave CORPORATION OFTHE DISTRICT OFMAPLE RIDGE P L A N NIN G D E P A RT M E N T2091020930122272097412211 12215 210232094120981/83/852102112214 12218 2104312301 2092512217 12221 12214 12270 2100912247 12220 2100421010210102102212305 20914209452094012231 12235 12224 12228 1220721018 12222208991222321017123112092412300 12314 209402095012232 210021221920894123082093320960 2103121032211 ST.STONEHO U S E A V E . P 39712 148 P 49416P 4672990 54 67 63 43 149 144 2 3 1 104 107 58 P 4672989 56 73 55 53 P 67530 128 2 142 141 P 68225105 69 P 46729127 106 60 P 46729 64 52 P 48308 1 101 103 57 91 59 72 65 147 100 93 P 4672962 66 143 146 1 102 P 46729 70 61 68 1 150 145 2 88 92 71 Subject Property ´ Scale: 1:1,500 APPENDIX A APPENDIX B CityCityCityCity of Maple Ridgeof Maple Ridgeof Maple Ridgeof Maple Ridge TO:TO:TO:TO: Her Worship Mayor Nicole Read DATE:DATE:DATE:DATE: March 2, 2015 and Members of Council Committee of the Whole FROM:FROM:FROM:FROM: Chief Administrative Officer SUBJECTSUBJECTSUBJECTSUBJECT: Disbursements for the month ended January 31, 2015 EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:EXECUTIVE SUMMARY: The disbursements summary for the past period is attached for information. All voucher payments are approved by the Mayor or Acting Mayor and a Finance Manager. Council authorizes the disbursements listing through Council resolution. Expenditure details are available by request through the Finance Department. RECOMMENDATION:RECOMMENDATION:RECOMMENDATION:RECOMMENDATION: That the That the That the That the disbursements as listed below for the month ended disbursements as listed below for the month ended disbursements as listed below for the month ended disbursements as listed below for the month ended January 31, 2015January 31, 2015January 31, 2015January 31, 2015 is received for is received for is received for is received for information only.information only.information only.information only. GENERALGENERALGENERALGENERAL $$$$ 9,386,1029,386,1029,386,1029,386,102 PAPAPAPAYROLLYROLLYROLLYROLL $$$$ 1,609,1841,609,1841,609,1841,609,184 PURCHASE CARDPURCHASE CARDPURCHASE CARDPURCHASE CARD $$$$ 105,675105,675105,675105,675 $$$$11,100,96111,100,96111,100,96111,100,961 DISCUSSION:DISCUSSION:DISCUSSION:DISCUSSION: a)a)a)a) Background Context:Background Context:Background Context:Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. b)b)b)b) Community Communications:Community Communications:Community Communications:Community Communications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. 1131 c)c)c)c) Business Plan / Financial Implications:Business Plan / Financial Implications:Business Plan / Financial Implications:Business Plan / Financial Implications: Highlights of larger items included in Financial Plan or Council Resolution •G.V. Sewerage & Drainage - DCC collections Jul-Dec’14 $ 518,311 •G.V. Water District – Barnston pump station $ 628,775 •G.V. Water District – Maple Ridge Main West pump station $ 1,481,257 •G.V. Water District – Water consumption Oct 8 to Nov 4/14 $ 449,943 •G.V. Water District – Water consumption Nov 5 to Dec 2/14 $ 432,772 •Imperial Paving – Lorne Ave sidewalk $ 153,737 •Municipal Insurance Assoc. – 2015 insurance assessment $ 398,461 •Province of BC - 2014 school tax requisition $ 501,635 •Ridge Meadows Recycling Society – Monthly contract for recycling $ 187,464 •Willis Canada Inc. – 2015 property and all risk insurance $ 233,297 d)d)d)d) Policy Implications:Policy Implications:Policy Implications:Policy Implications: Corporate governance practice includes reporting the disbursements to Council monthly. CONCLUSIONS:CONCLUSIONS:CONCLUSIONS:CONCLUSIONS: The disbursements for the month ended January 31, 2015 have been reviewed and are in order. ______________________________________________ Prepared by: G’Ann RyggG’Ann RyggG’Ann RyggG’Ann Rygg Accounting Clerk IIAccounting Clerk IIAccounting Clerk IIAccounting Clerk II _______________________________________________ Approved by: Trevor Trevor Trevor Trevor Thompson, Thompson, Thompson, Thompson, BBA, BBA, BBA, BBA, CPA, CPA, CPA, CPA, CGACGACGACGA Manager of Financial PlanningManager of Financial PlanningManager of Financial PlanningManager of Financial Planning _______________________________________________ Approved by: Paul Gill, BBA, Paul Gill, BBA, Paul Gill, BBA, Paul Gill, BBA, CPA, CPA, CPA, CPA, CGACGACGACGA GM GM GM GM –––– Corporate & Financial ServicesCorporate & Financial ServicesCorporate & Financial ServicesCorporate & Financial Services _______________________________________________ Concurrence: J.L. (Jim) RuleJ.L. (Jim) RuleJ.L. (Jim) RuleJ.L. (Jim) Rule Chief Administrative OfficerChief Administrative OfficerChief Administrative OfficerChief Administrative Officer gmr "Original signed by G'Ann Rygg" "Original signed by Trevor Thompson" "Original signed by Paul Gill" "Original signed J.L. (Jim) Rule" VENDOR NAMEVENDOR NAMEVENDOR NAMEVENDOR NAME DESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENT AMOUNTAMOUNTAMOUNTAMOUNT Active Network Ltd Class software maintenance fees 2015 19,486 Ansan Industries Ltd Traffic control 17,691 Arsalan Construction Ltd Downtown road improvements - 119 Ave (226 St - 227 St)19,845 BC Hydro Electricity 126,636 BC SPCA Contract payment 27,925 BDO Canada LLP 2014 Financial statement audit 23,344 Boileau Electric & Pole Ltd Maintenance: Albion Sports Complex 143 City Hall 66 Christmas lights & decorations 24,647 Crosswalk signals 362 Firehalls 723 Greg Moore Youth Centre 66 Hammond Community Centre 250 Lapidary Club 1,330 Leisure Centre 214 Maple Ridge Main West pump station 6,998 Memorial Park 105 Operations Centre 1,112 Pitt Meadows Family Rec Centre 477 Pitt Meadows Museum 147 RCMP 99 Street lights 1,986 Thomas Haney tennis courts 114 Traffic signals 1,037 39,876 Bryco Projects Inc Seismic upgrade Rothsay reservoir at 256 St 18,910 CUPE Local 622 Dues - pay periods 14/26, 15/01 & 15/02 35,457 Chevron Canada Ltd Gasoline & diesel fuel 73,994 City Of Pitt Meadows Contributions from sport field users 56,425 Memorial bench maintenance 37 PM Family Rec Centre Telus charges costshare Oct-Dec 2014 4,807 Pitt Meadows Senior Centre landscaping 1,276 SEI costshare Exware Solutions website support 2014 112 62,657 Cleave Cattle Co Inc Security refund 31,478 Cobing Building Solutions Electrical/Mechanical maintenance: City Hall 227 Library 227 Operations 227 Operations Centre air unit replacements 20,449 Randy Herman Building HVAC replacement 110,385 131,515 Crown Contracting Limited Signal modifications at Dewdney Trunk Rd & 232 St 27,159 Dams Ford Lincoln Sales Ltd 2015 Ford Transit Cargo Van 33,412 2015 Ford Super Duty F350 Truck 46,905 80,317 Dougness Holdings Ltd Flush & CCTV works yard 18,029 Downtown Maple Ridge Business Façade improvement project - 50% 2014 grants 23,708 Community public art grant 750 24,458 Falcon Hill Security refund 69,570 FDM Software Ltd Annual support & maintenance 19,907 Fitness Edge Fitness classes & programs 17,250 FortisBC - Natural Gas Natural gas 27,906 CITY OF MAPLE RIDGECITY OF MAPLE RIDGECITY OF MAPLE RIDGECITY OF MAPLE RIDGE MONTHLY DISBURSEMENTS - JANUARY 2015MONTHLY DISBURSEMENTS - JANUARY 2015MONTHLY DISBURSEMENTS - JANUARY 2015MONTHLY DISBURSEMENTS - JANUARY 2015 Genesis Janitorial Service Ltd Janitorial services & supplies: Firehalls 3,971 Library 5,560 City Hall 3,123 Operations 3,505 Randy Herman Building 4,093 RCMP 3,231 South Bonson Community Centre 5,377 28,860 Golden Ears Ortho & Sports Fitness classes & programs 25,120 Gr Vanc Sewerage & Drainage DCC collection Jul-Dec'14 518,311 Transfer station waste disposal 1,559 Waste discharge industrial treatment fee - Cottonwood 3,212 523,082 Greater Vanc Water District Barnston pump station 628,775 Maple Ridge Main West pump station 1,481,257 Water consumption Oct 8 to Nov 4/14 449,943 Water consumption Nov 5 to Dec 2/14 432,772 Water sample analysis 700 2,993,447 Greenside Properties Inc Security refund 15,000 Imperial Paving Lorne Ave sidewalk 153,737 ISL Engineering & Land Serv 240 St road & drainage improvements (Lougheed - 104 Ave)1,764 Abernethy Way (210 St - 224 St)19,398 Ditching environmental monitoring 2,300 23,462 Jacks Automotive & Welding Fire Dept equipment repairs 20,193 Justice Institute Of BC Fire Dept training programs 16,078 King Hoe Excavating Ltd 104 Ave road & drainage improvements - 224 St to 245 St 24,379 Laboucane, Colleen & Mark Land acquisition - portion of 24400 Blk of 104 Ave 30,000 Lafarge Canada Inc Roadworks material 50,594 MacCallum Law Group LLP In Trust Security refund 53,512 Manulife Financial Employer/employee remittance 151,962 Maple Ridge & PM Arts Council Arts Centre contract payment 50,867 Program revenue Dec 19,054 Theatre rental 4,983 74,904 Maple Ridge Museum & Archives Quarterly fee for service payment 35,571 Medical Services Plan Employee medical & health premiums 39,708 Min Of Finance Dept Of Trans.Emergency Traffic pre-emption @ Lougheed Hwy & 216 St 13,101 Emergency Traffic pre-emption @ Lougheed Hwy & 240 St 13,101 26,202 Municipal Insurance Assoc 2015 Insurance assessment 398,461 Insurance deductibles 24,685 423,146 Municipal Pension Plan BC Employer/employee remittance 435,113 North Of 49 Enterprises Ltd Skating lesson programs 18,837 Northwest Hydraulic Consultant Flood study Alouette Rivers 17,574 Nustadia Recreation Inc Subsidized ice purchased by P&LS on behalf of user groups 129,529 Opus Consulting Group Ltd Server infrastructure switches 68,164 Panorama LMS 4011 Strata fees Jan & Feb 20,608 Pitt Meadows Heritage & Museum Semi-annual fee for service 40,533 Province Of BC - 21312 2014 school tax requisition 501,635 PW Trenchless Construction Inc Sanitary sewer replacement on River Road 35,891 R A Malatest & Associates Ltd Labour market study 22,500 Receiver General For Canada Employer/Employee remittance PP14/26 & PP15/01 662,436 RG Arenas (Maple Ridge) Ltd Ice rental Dec less public skate collections 54,132 Additional weekend ice 5,284 Curling rink operating expenses Oct - Dec 18,728 Curling rink sprinkler system maintenance 762 78,906 Ricoh Canada Inc Photocopier quarterly contract 15,866 Ridge Meadows Seniors Society Quarterly operating grant 57,594 Ridge Meadows Recycling Society Monthly contract for recycling 187,464 Weekly recycling 336 Litter pickup contract 3,693 Recycling station pickup 638 Roadside waste removal 222 Toilet rebate program 83 Community public art grant 750 193,186 SAP Canada Inc Enterprise annual software support 20,291 Tempest Development Group Annual software support 58,340 Total Energy Systems Ltd Maintenance: City Hall 2,327 Firehalls 1,293 Leisure Centre 4,720 Library 930 Pitt Meadows Family Rec. Centre 1,684 Pitt Meadows Heritage Hall 965 Pitt Meadows Museum 192 RCMP 2,447 South Bonson Community Centre 752 15,310 Trans Western Electric Ltd Hammond Stadium playfield lighting 38,925 Warrington PCI Management Advance for Tower common costs plus expenses 87,653 Whonnock Roofing Ltd Caretaker house on 128th Cresc 16,511 Albion Fairgrounds dairy barn 19,530 36,041 Willis Canada Inc 2015 Property and All Risk Insurance 233,297 Wordsworth & Associates Web security consulting services 16,800 Workers Compensation Board BC Employer/Employee remittance 4th qtr 2014 85,611 Disbursements In Excess $15,000 8,513,0088,513,0088,513,0088,513,008 Disbursements Under $15,000 873,094873,094873,094873,094 Total Payee Disbursements 9,386,1029,386,1029,386,1029,386,102 Payroll PP15/01 & PP15/02 1,609,1841,609,1841,609,1841,609,184 Purchase Cards - Payment 105,675105,675105,675105,675 Total Disbursements January 2015 11,100,96111,100,96111,100,96111,100,961 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 02, 2015 and Members of Council FROM: Chief Administrative Officer MEETING: C.O.W SUBJECT: Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 EXECUTIVE SUMMARY: A schedule of fees related to miscellaneous services provided by the Finance Department has been in use for several years. The schedule of fees proposed in Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 is unchanged from the one currently in use and our fees are in line with those charged by other municipalities, as shown by the attached survey. The proposed Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 will bring the City into compliance with current legislation. RECOMMENDATION: That Bylaw No. 7137 – 2015 be given first, second and third readings. DISCUSSION: a) Background Context: Our financial plan projects $120,000 annually in Finance Department fees. Most of this is from Tax Certificates, used for conveyancing of properties, and in 2012 we partnered with BC Online to give clients 24/7access to property information. It should be noted that property owners are not charged a fee for information concerning their own properties. A recent review of the fees and charges for miscellaneous services provided by the Finance Department shows that our fees align with those charged by other municipalities in the GVRD and reflect the costs associated with providing these services. CONCLUSIONS: Fees for miscellaneous services, comparable to other Lower Mainland municipalities, are currently being charged by the City of Maple Ridge and Bylaw No. 7137-2015 will bring the City into compliance with current legislation. 1132 Page 2 of 2 Attachments: 1.Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 2.Fee Comparison ______________________________________________ Prepared by: Silvia Rutledge Manager of Revenue & Collections _____________________________________________ Approved by: Paul Gill, BBA, CGA General Manager: Corporate & Financial Services _____________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer "Original signed by Silvia Rutledge" "Original signed by Paul Gill" "Original signed by J.L. (Jim) Rule" CITY OF MAPLE RIDGE BYLAW NO. 7137 - 2015 A Bylaw to Establish Miscellaneous Finance Fees and Charges within the City of Maple Ridge WHEREAS Council may, by bylaw, impose a fee payable in respect of all or part of a service of the municipality, the use of municipal property, or the exercise of authority to regulate, prohibit or impose requirements pursuant to the Community Charter; NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No. 7137 - 2015". 2.This Bylaw hereby imposes fees and charges for the provision of services and information as specified in Schedule 1 attached to and forming part of this Bylaw. 3.If any part, section, subsection, clause, or sub clause of this Bylaw is, for any reason, held to be invalid by the decision of a Court of competent jurisdiction, such decision does not affect the validity or the remaining portions of this Bylaw. READ a first time this day of , 2015. READ a second time this day of , 2015. READ a third time this day of , 2015. ADOPTED this _____ day of ____________________, 2015. PRESIDING MEMBER CORPORATE OFFICER Attachments: Schedule 1 – City of Maple Ridge Miscellaneous Finance Fees and Charges City of Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No. 7137-2015 Page 2 of 2 Schedule 1 Description of Existing Fee/Charge Applicable Taxes to be Added Fee 1. Property Information Request/Tax Certificate (a) Request from property owner Included No charge (b) Request from non-owner Included $35.00 (c) Requests through BC Online (BC Online customers will have BC Online administration fee added to this fee) Included $35.00 2. Payment File for Mortgage Company Tax Clients - per folio/roll number $7.50 3. Refund Processing Fee $25.00 4. Returned Cheque Fee $25.00 5. Photocopy (standard 8 ½” x 11”) per page $0.50 6. Historical Property Related Information – per hour (a) Request from property owner First hour no charge, then $35.00 (b) Request from non-owner $35.00 Attachment: Fee Comparison NSF Charge Abbotsford $25.00 $38.25 $25.00 $10.00 Burnaby $25.00 $40.00 $45.00 $15.00 Chilliwack $25.00 $30.00 $35.00 $10.00 Coquitlam $30.00 $40.00 $35.00 $7.50 Langley City $20.00 $25.00 $35.00 $6.25 Langley Township $25.00 $40.50 $40.00 $10.00 Maple Ridge $25.00 $35.00 $35.00 $7.50 New Westminster $30.00 $35.00 $45.00 $12.00 North VCR District $30.00 $40.00 $35.00 $20.00 Pitt Meadows $25.00 $30.00 $30.00 $5.00 Port Coquitlam $30.00 $40.00 $35.00 $7.50 Port Moody $45.00 $38.00 $58.00 $12.00 Richmond $32.50 $32.50 $38.50 $5.25 Surrey $30.00 $29.50 $35.00 $8.00 Vancouver $35.00 $50.00 $50.00 $20.00 West Vancouver $30.00 $45.00 $35.00 $10.00 Tax Cert (BC/Online Web Customer) Tax Cert Non Owner (In person at City Hall) Payment File for Mortgage Co City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015 and Members of Council FILE NO: CDPR-0640-30 FROM: Chief Administrative Officer MEETING: C.O.W. SUBJECT: Cottonwoods Child Care Centre - Lease Renewal EXECUTIVE SUMMARY: The Maple Ridge-Pitt Meadows Parks & Leisure Services Commission reviewed the Cottonwoods Child Care Centre Lease agreement at its meeting of February 12, 2015. The Commission has recommended the agreement be endorsed and forwarded to Council for consideration. A copy of the Commission report is attached as background information. RECOMMENDATION: That the Corporate Officer be authorized to execute the Cottonwoods Child Care Centre lease for the term December 1, 2014 to June 30, 2018. “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 Attachments: PLS Commission Report – February 12, 2015 Cottonwoods Child Care Centre Lease 1151 SUBJECT: COTTONWOODS CHILD CARE CENTRE - LEASE RENEWAL EXECUTIVE SUMMARY: The Cottonwoods Child Care Centre has requested that their option to renew be honored for an additional term. The attached draft lease has undergone a few minor changes to terms and conditions; these changes result in an agreement that is consistent with similar lease partners. Staff are recommending that the Commission endorse the attached lease agreement and forward to Maple Ridge Council for consideration. RECOMMENDATION: That a recommendation be forwarded to Maple Ridge Council that the Corporate Officer be authorized to sign and seal the Cottonwoods Child Care Lease Agreement 2014-2018. DISCUSSION: a) Background Context: Cottonwoods Child Care Centre (the Tenant) is a childcare provider operating out of the Planet Ice facility providing families in Maple Ridge with affordable childcare programs. The Tenant has been a leasee of the City of Maple Ridge and Parks & Leisure Services since 2004. The current lease stipulates that the Tenant has one final option for renewal. In the fall of 2014, staff began discussions to determine if the Tenant wished to exercise their right to renew the lease agreement for an additional term. A modest fee increase has been built into the agreement, with a proposed square foot rate slightly lower than the agreements at the Leisure Centre and Family Recreation Centre as the Planet Ice space does not favourably compare to the other lease sites which include amenities such as:  entry-level “store-front” locations with windows to the outside.  adjacent amenities available for access (gymnasium, playgrounds). b) Desired Outcome: To honor the existing lease commitment which maximizes use of low-demand time in recreation facilities and supports opportunities for low cost child care programs within the city. c) Strategic Alignment: To create a safe and livable community by striving for enhanced service levels, quality of life and independence by citizens in the delivery of leisure services d) Business Plan/Financial Implications: Lease renewals include regular, modest increases to ensure that rates remain current and avoid significant impact to tenants and user groups. Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING February 12, 2015 CONCLUSIONS: Cottonwoods Daycare has been a good lease partner for ten years providing a much needed service to the community. Staff recommends that the right to renew be honored and that the lease agreement be forwarded to Maple Ridge Council for approval. “Original signed by Danielle Pope” Prepared By: Danielle Pope Manager, Business Operations “Original signed by Wendy McCormick” Reviewed By: Wendy McCormick Director, Recreation “Original signed by Kelly Swift” Approved By: Kelly Swift General Manager, Community Development Parks & Recreation Services :dp Attachment – Cottonwood Lease Schedule "A" COTTONWOODS CHILD CARE CENTRE THIS INDENTURE is made as of the 1st day of December 2014 but is actually executed on the ____ day of ______________________, 2015. IN PURSUANCE OF THE "LAND TRANSFER FORM ACT, PART 2" BETWEEN: DISTRICT OF MAPLE RIDGE, a corporate body having its offices at 11995 Haney Place, Maple Ridge, in the Province (Hereinafter called the "Landlord") OF THE FIRST PART, AND: STARTING BLOCKS CHILDCARE Inc., A Company incorporated under the laws of the Province of British Columbia, having its registered office at 23588 105th Ave , Maple Ridge, B.C. V2W 1B8 Operating as COTTONWOODS CHILD CARE CENTRE, Leah Faulkner – owner/operator (604) 467-8712 (h) (604) 861-6997 (c) (604) 463-4003 (b) (Hereinafter called the "Tenant") OF THE SECOND PART WITNESSETH that in consideration of the rents, covenants, conditions, and agreements hereinafter respectively reserved and contained on the part of the Landlord and the Tenant to be respectively paid, kept, observed and performed the Landlord and the Tenant covenant and agree each with the other as follows: 1. The Landlord does hereby demise and lease unto the Tenant that portion of (hereinafter called the "Premises") of Planet Ice, (hereinafter called the "Building") which is situated in Maple Ridge, British Columbia on lands legally described as: Parcel Identifier: 011-345-861. Lot 7 Except: Firstly: Part Subdivided by Plan 10131. Secondly: Parcel “A” (Reference Plan 13150). Thirdly: Part Road on Plan 84213. District Lots 275, 405, 408 Group 1 New Westminster District Plan 8827; (Hereinafter called the "said lands" which portion contains 560 square feet and is shown outlined in red on the plan attached hereto as Schedule "C". 2 TO HAVE AND TO HOLD from the Commencement Date of Term (as hereinafter defined) for the term (hereinafter called the "Term") of three (3) years and six (6) months thence ensuing unless sooner terminated pursuant to the provisions hereof. 2. YIELDING AND PAYING THEREFOR during year One (1) Two (2) a base rent of Three Thousand and Thirty Three Dollars and Thirty Three Cents ($3,033.33) + applicable taxes and during year Three (3) of the Term a base rent of Three Thousand, One Hundred and Fifty Dollars ($3,150.00) payable in ten (10) equal monthly installments September to June excluding July and August; see schedule of payments below for monthly rent amounts - Rent is due on the first day of each month. Such does not include the Tenant’s share of property taxes if charged, but does include any common area costs payable in respect of the said lands and the Building Two (2) monthly payments of: July and Aug 2015= $796.18 + applicable taxes July and Aug 2016= $796.18 + applicable taxes July and Aug 2017 = $826.43 + applicable taxes 3. For the purposes of this Lease: (a) "Additional Rent" means sums, other than rent payable pursuant to Article 2, payable by the Tenant as determined in accordance with the provisions of this Lease; (b) "Commencement Date of Term" means December 1, 2014; (c) "Rental" means the aggregate of the rent and Additional Rent payable hereunder; 4. The Tenant covenants and agrees with the Landlord: (a) To pay Rent without any deduction therefrom all at the times and in the manner herein provided; (b) To pay when due every tax and license fee (including penalties for late payment thereof) in respect of any and every business carried on in or upon the Premises or in respect of the occupancy or use of the Premises by the Tenant (or by any and every of its sub-tenants) whether such taxes or license fees are charged by a municipal, federal or provincial government or other body and whether the statement or notice of such taxes or license fees are rendered to the Landlord or the Tenant. (c) To pay all rates, tolls and charges incurred in respect of the Premises for telephone and other similar utilities required by the Tenant. (d) To repair and make good any damage caused by the Tenant or any of its employees, agents invitees or licenses; and (e) To keep well painted the painted portions of the interior of the Premises; 3 (f) To give the Landlord or its agents prompt notice of any defect in the water or other pipes or fixtures, heating apparatus, electric or other wires and mechanical systems, and of visual structural defects in the Premises; (g) To submit each year’s schedule request and any subsequent schedule changes to the Landlord in a timely manner. While every effort will be made to accommodate the tenant’s schedule requests, the Landlord retains the right to decline requested hours of use depending on availability of the facility. (h) To make every effort to notify the Landlord when the Tenant is not using the facility so that the Landlord can make the facility available to other user groups. (i) That the Tenant will continuously throughout the Term: I. Use and occupy the Premises only for the purposes of a Child Care service; II. Operate the business of providing Child Care services in the leased space based on the following schedule: Monday – Thursday 7:00 to 8:00 am. and 2:30 to 5:30 pm. Fridays – 7:00 to 8:00 am. and 12:30 to 5:30 pm. S.D. 42 professional development days 7:00am to 5:30 pm. The months of April, December, July and August 7:00 am to 5:30pm. III. Operate its business of providing Child Care services in full compliance with all federal, provincial and municipal statutes, regulations, codes and bylaws. IV. Ensure that any employee or agent of the Tenant engaged in the business of providing Child Care services will, at all times be licensed and in good standing with the Ministry of Health and hold all required licenses and certificates. (j) That the Tenant shall not: I. Assign or mortgage this Lease without the prior consent in writing of the Council of the Landlord, which consent shall not unreasonably be withheld; or II. Sublet the Premises or any part thereof or otherwise part with possession, in any manner whatsoever, of the Premises or any part thereof; (k) That the Tenant shall at its expense, provide janitorial services (with the exception of when the landlord uses the facility) to the Premises sufficient to keep the Premises tidy and in a clean and sanitary condition and free from odors, rodents, bugs and vermin and shall provide receptacles (in a location to be provided by the Landlord) for refuse and rubbish of all kinds (including proper refrigerated areas for perishable rubbish and garbage) and shall attend to the removal of the same from the Premises at regular intervals and shall not keep or leave any rubbish of any kind in or near the Premises; 4 (l) That the Tenant will provide all leasehold improvements as are necessary to operate the business of providing Child Care services at no cost to the Landlord. The Landlord must approve the design and quality of the leasehold improvements prior to construction or installation of the same, and provided that the Tenant will not make or construct any alterations, additions or improvements in the Premises nor install any plumbing, piping, wiring or heating apparatus or other mechanical systems therein without the written permission of the Landlord first had and obtained (and which permission the Tenant acknowledges the Landlord may arbitrarily withhold) and at the end or sooner determination of the Term the Tenant will restore the Premises or any part thereof, to their condition as at the commencement of the Term reasonable wear and tear only excepted, if called upon to do so by the Landlord, but otherwise all repairs, alterations, installations and additions made or constructed by the Tenant upon or in the Premises, except moveable business fixtures brought thereon by the Tenant, shall be the property of the Landlord and shall be considered in all respects as part of the Premises; (m) That the Tenant will not erect or display any signs or nameplates on the outside of the Building or the Premises or on the said lands without the Landlord's approval thereof in writing first had and obtained and will remove the same upon the expiration of the Term making good any damage caused by such removal and the Tenant shall be responsible for the cost of installing and maintaining all approved signage outside the Building. (n) That the Tenant will observe, obey and conform to and cause its employees, invitees and licenses to observe, obey and conform to the rules and regulations attached hereto as Schedule "B" and to all further reasonable rules and regulations from time to time made by the Landlord with regard to the good reputation, safety, care, cleanliness, appearance, management, use or occupation of the Building, the premises or the said lands and to have an attendant or supervisor present on the Premises at all times the Premises are in use; (o) That the Tenant has caused the Premises to be inspected and admits that the same are at the date first above mentioned in a good and substantial state of repair and that the same are now clean and in a satisfactory and sanitary condition; (p) That the Tenant will produce to the Landlord from time to time at the request of the Landlord satisfactory evidence of the due payment by the Tenant of all payments required to be made by the Tenant under this Lease. (q) That the Tenant shall promptly make whole at its sole cost and expense all damaged glass (including plate glass) in the Premises; (r) That the Tenant, at the expiration or earlier termination of the Term, will peaceably surrender and give up possession of the Premises without notice from the Landlord; (s) That the Landlord shall have the right any time during the Term to repair or add to or alter the Building and for that purpose, if necessary, to enter into and upon or attach scaffolds or other temporary fixtures to the Premises, putting the Tenant to no unnecessary inconvenience; 5 (t) That the Tenant shall indemnify and save harmless the Landlord from any and all liabilities, damages, costs, claims, suits or actions growing out of this Lease and, without limiting the generality of the foregoing, growing out of: I. Any breach, violation, or non-performance of any covenant, condition or agreement in this Lease set forth and contained on the part of the Tenant to be fulfilled, kept, observed and performed; II. Any damage or injury to property of the Landlord while said property shall be in or about the Premises, the Building or the said lands; and III. Any damage or injury to any property or to any person including death resulting at any time therefrom, occurring in or about the Premises. IV. The Tenant shall provide the landlord with proof of third party liability insurance (minimum, Three (3) million dollars for each occurrence) naming the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission, The Districts of Maple Ridge and the City of Pitt Meadows as named insured. 5. The Landlord covenants and agrees with the Tenant: (a) For quiet enjoyment; (b) That the Tenant and its employees and customers may use the public washrooms located near the said lease space, but must ensure the said room is kept in a clean and sanitary state. (c) To maintain the structure of the Building and the surrounding common areas, including repairs to the roof, outside walls, foundations and paved areas save for damage caused thereto by the wrongful or negligent acts of the Tenant or its employees or agents. 6. It is hereby agreed that if the Tenant shall hold over other than by way of renewal after the expiration of the Term or any renewal thereof and the Landlord shall accept rent, the new tenancy thereby created shall be a tenancy from month to month and not a tenancy from year to year, and shall be subject to the covenants and conditions herein contained so far as the same are applicable to a tenancy from month to month, and the rent payable under such monthly tenancy shall be as defined in the City of Maple Ridge Fees and Charges By-Law that is current at that time. 7. If the Tenant from time to time fails to observe or perform any of the covenants on its part herein contained or to make any payments required to be made by it or carry out any repairs according to notice given by the Landlord, the Landlord may perform such covenants or make such payments in whole or in part together with interest charged thereon or may enter and make or cause to be made such repairs, as the case may be, but the giving of any such notice or the making of any such payment or performing of such covenants or the undertaking of any such repairs by the Landlord shall not be deemed an acknowledgement or admission of any liability or responsibility on the part of the Landlord. Any payment so made and the costs of performing any of such covenants or of any repairs so made or caused to be made and any damage, loss or expense 6 suffered or incurred by the Landlord (including all legal fees on a solicitor and client basis) by reason of any failure of the Tenant to observe and comply with any of the covenants of the Tenant herein contained shall immediately become payable by the Tenant to the Landlord as Additional Rent. 8. If the Landlord shall sell the said lands, the Landlord shall, as and from the date of such sale, be relieved of the further observance and performance of all of the covenants and obligations on its part herein contained. 9. Time shall be of the essence of this Lease. 10. Any notice to be given by the Landlord to the Tenant hereunder shall be well and sufficiently given if delivered or sent by prepaid registered mail to the Tenant addressed to the Tenant as follows: STARTING BLOCKS CHILDCARE Inc. a, Company incorporated under the laws of the Province of British Columbia, having its registered office at 23588 105th Ave , Maple Ridge, B.C. V2W 1B8 but operating as COTTONWOODS CHILD CARE CENTRE, Or to any other address in British Columbia of which the Tenant shall advise the Landlord in writing and any notice to be given by the Tenant to the Landlord shall be well and sufficiently given if delivered or sent by prepaid registered mail to the Landlord addressed to the Landord as follows: 11995 Haney Place Maple Ridge, BC V2X 6G2 Business Operations Manager 11. The Tenant acknowledge that: (a) There are no covenants, representations, warranties, agreements or conditions expressed or implied, collateral or otherwise forming part of or in any way affecting or relating to this Lease save as expressly set out herein and that this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except by subsequent agreement in writing executed by the Landlord and the Tenant; and (b) The Landlord shall deliver this Lease to the Tenant in registered form provided that preparation of all necessary plans and explanatory plans to enable this Lease to be put into registered form shall be at the Tenant's expense. 12. This Lease shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. 13. References to the Landlord or the Tenant shall be read with such changes in gender as may be appropriate, and, where appropriate, the singular shall mean the plural and vice- versa. 7 14. The landlord and the Tenant acknowledge and agree that at the expiration of the renewal term (June 2018) there shall be no further right of renewal. 15. It is understood and agreed that nothing contained in this Lease or in any acts of the parties hereto shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. 8 IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed the day and year second above written. The Corporate Seal of DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: (Authorized Signatory) ) ) ) ) ) ) ) C/S The COMMON SEAL OF STARTING BLOCKS CHILDCARE INC.. was hereunto affixed in the presence of: Authorized Signatory: Authorized Signatory: ) ) ) ) ) ) ) C/S 9 SCHEDULE "B" Rules and Regulations Referred to in Annexed Lease 1) The Tenant shall not perform any acts or carry on any practice which may injure the Premises or be a nuisance to other tenants in the Building or to the owners or occupiers of properties adjacent to the said lands. 2) The Tenant shall not burn any trash or garbage in or about the Building, the Premises or anywhere within the confines of the said lands. 3) All loading and unloading of merchandise, supplies, materials, garbage, refuse and other chattels shall be made only through or by means of such doorways as the Landlord shall designate in writing from time to time. 4) The Tenant shall not bring into the Premises or the Building any equipment, motor or any other thing which might damage the Building or the Premises. 5) No large animals shall be allowed or kept in or about the Premises. 6) The Tenant shall not be permitted to use or keep in the Building any gasoline, coal oil, burning fluid or other inflammable material. 7) No one shall use the Premises for sleeping quarters. 8) Any hand trunks, carryalls, or similar appliances used in the Building shall be equipped with rubber tires, safety locks and such other safeguards as the Landlord and Building Operator may require. 9) The Tenant shall secure all belongings kept on the premises in a locked container provided by the Tenant. 10) The leased area will be available for community use outside of the hours of use designated to the Tenant, as described in Section 4. i) II of Schedule “A”. 11) When the premises are available for community use outside of the hours scheduled to the Tenant, the premises must be made usable, for example, the Tenant’s belongings must be removed as not to interfere with the full time use of the room. 12) If the Tenant wants expanded use of the facility, beyond the hours provided for in this lease, they may submit their request to the Landlord. Such requests will be considered based on availability, and additional rent will be charged for each hour of use based on the City of Maple Ridge Fees and Charges Policy that is current at the time of the request. 13) Cleaning of the floor will be cost shared between both parties due to shared space.