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Home My WebLink About2015-07-20 Committee of the Whole Agenda and Reports.pdf City of Maple Ridge Note: If required, there will be a 15-minute break at 3:00 p.m. Chair: Acting Mayor 1. DELEGATIONS/STAFF PRESENTATIONS – (10 minutes each) 1:00 p.m. 1.1 TransLink Plebiscite • Linda Meyer 1.2 Canadian Pacific Railway • Mike LoVecchio, Director Government Affairs 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: COMMITTEE OF THE WHOLE AGENDA July 20, 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 live streamed and recorded by the City of Maple Ridge. Note: Owners and/or Agents of Development Applications may be permitted to speak to their applications with a time limit of 10 minutes. Committee of the Whole Agenda July 20, 2015 Page 2 of 5 1101 2015-078-RZ, 11581 256 Street, LUC to P-2 Staff report dated July 20, 2015 recommending that Application 2015-078-RZ be deferred until more detail is provided. 1102 2015-181-RZ, 12117 Laity Street, RS-1 to R-1 Staff report dated July 20, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7158-2015 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into six single family residential lots be given first reading and that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required for a subdivision application. 1103 2014-019-RZ, 24815 Dewdney Trunk Road, RS-1 to C-2 Staff report dated July 20, 2015 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7086-2014 to allow creation of a new Village Commercial category be given second reading and that Maple Ridge Zone Amending Bylaw No. 7070-2014 to rezone from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit construction of a commercial development be given second reading as amended and be forwarded to Public Hearing. 1104 2012-013-RZ, 24152 112 Avenue, RS-3 to RS-1b and P-1, Update Report Staff report dated July 20, 2015 providing an update on application 2012- 013-RZ recommending that Maple Ridge Official Community Plan Bylaw No. 7040-2013 to designate from Institutional and Low Density Residential to Low/Medium Density Residential and Park and to adjust the conservation area be given first and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7041-2013 to rezone from RS-3 (One Family Rural Residential) to RS-1b (One Family Urban [Medium Density] Residential) and P-1 (Park and School) to allow for future subdivision into approximately 25 lots and a neighbourhood park using the Density Bonus option be given second reading as amended and be forwarded to Public Hearing. 1105 2015-194-DP, 11850 224 Street Staff report dated July 20, 2015 recommending that the Corporate Officer be authorized to sign and seal application 2015-194-DP to permit façade modifications on the western portion of the Haney Place Mall for the change of tenants from Target to Walmart. Committee of the Whole Agenda July 20, 2015 Page 3 of 5 1106 2015-173-DVP, 13100 238 Street Staff report dated July 20, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-173-DVP to reduce a front yard setback from 7.5 metres to 6 metres for the garage and 5.4 metres for building eaves. 1107 2012-087-SP, Soil Deposit Permit Amendment, 25788 98 Avenue Staff report dated July 20, 2015 recommending that the request to increase the total volume of soil to be deposited under Soil Deposit Permit 2012-087- SP for 25788 98 Avenue by 14,000 m3 be approved but be limited to an increase in volume of 10,000 m3 and that the request be forwarded to the Agricultural Land Commission for review and approval. 1108 Award of Contract, ITT-EN15-48: 240 Street Road Improvements (102 Avenue - 104 Avenue) Staff report dated July 20, 2015 recommending that Contract ITT-EN15-48: 240 Street Road Improvements (102 Avenue – 104 Avenue) be awarded to Imperial Paving Limited, that a contract contingency be approved and that the Corporate Officer be authorized to execute the contract. 1109 Award of Contract, ITT-EN15-49: Selkirk Avenue Road Improvements (225 Street – 226 Street) Staff report dated July 20, 2015 recommending that Contract ITT-EN15-49: Selkirk Avenue Road Improvements (225 Street – 226 Street) be awarded to AC Paving Co. Ltd., that the Financial Plan be amended to increase the project budget and that the Corporate Officer be authorized to execute the contract. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the month ended June 30, 2015 Staff report dated July 20, 2015 recommending that the disbursements for the month ended June 30, 2015 be received for information. 1132 2015 Council Expenses Staff report dated July 20, 2015 providing updated Council expenses recorded to the end of June for 2015. For information only No motion required Committee of the Whole Agenda July 20, 2015 Page 4 of 5 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement Staff report dated July 20, 2015 recommending that the Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement be renewed for a period of five years with three additional renewal options of five years each and that the license period to operate the annual Agricultural Fair be extended from three weeks to four weeks per year and that the Corporate Officer be authorized to execute the lease and license agreement. 1152 Agricultural Association – Operating Agreement Staff report dated July 20, 2015 recommending that the Festival Fund grant awarded to the Agricultural Association be combined with other municipal grant funding under an operating grant agreement and that an amount of $12,000 be allocated from the Maple Ridge Community Grant toward a multi- year operating grant to be administered by the Maple Ridge-Pitt Meadows Parks & Leisure Services Commission 1153 Haney Farmers Market – Operating Agreement Staff report dated July 20, 2015 recommending that the Festival Fund grant awarded to the Haney Farmers Market be combined with other municipal grant funding under an operating grant agreement and that an amount of $6,000 be allocated from the Maple Ridge Community Grant toward a multi- year operating grant to be administered by the Maple Ridge-Pitt Meadows Parks & Leisure Services Committee. 1154 Fundamentals Childcare Centre – Lease Renewal Staff report dated July 20, 2015 recommending that the Corporate Officer be authorized to sign and seal the Fundamental Childcare Centre Lease Agreement for 2015-2018. 5. CORRESPONDENCE 1171 Committee of the Whole Agenda July 20, 2015 Page 5 of 5 6. OTHER ISSUES 1181 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 bylaws 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: July 20, 2015 and Members of Council FILE NO: 2015-078-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No. 7161-2015 11581 256 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from LUC (Land Use Contracts) to P-2 (Special Institutional). The purpose of this application is to expand an existing seniors care facility at the subject property referred to above. The terms of the existing Land Use Contract, established in 1976, limit resident numbers to 38 clients and 4 residences for staff. For this reason, an expansion of the existing facility could not occur without rezoning. Reflecting the subject property’s existing and historic use, the land use designation is Institutional. While this application complies with the subject property’s Official Community Plan designation, there are significant OCP policy implications pertinent to this proposal . In addition, an Official Community Plan amendment will be required for Conservation of the lands identified for slope and watercourse protection. This requirement is consistent with current municipal standards for the protection of environmentally sensitive areas. A number of issues about this proposal have been raised in this report, including potential loss of affordable, special needs housing in the community, and the urban scale of the proposal in a rural / suburban context. In order to address these issues, the recommended approach is to defer this application until additional information is provided. RECOMMENDATIONS: That application 2015-078-RZ be deferred until more detailed information is provided, including tenant information and relocation plan, feasibility study, determination of developable area with site servicing, septic capacity, and demonstrated compliance with municipal zoning and parking requirements on site plan. DISCUSSION: a)Background Context: Applicant: Atl Health And Wellness Enterprises (Charles Cantos) Owner: Atl Health & Wellness Enterprises Inc. Legal Description: Lot: 15, Section: 14, Township: 12, Plan: NWP2509 1101 - 2 - OCP: Existing: Institutional Proposed: Institutional Zoning: Existing: LUC (Land Use Contract) Proposed: P-2 (Special Institutional) Surrounding Uses: North: Use: Rural Residential Zone: RS-3 One Family Rural Residential Designation: Agricultural South: Use: Kanaka Creek Regional Park Zone: RS-3 One Family Rural Residential Designation: Park East: Use: Rural Residential Zone: RS-3 One Family Rural Residential Designation: Suburban Residential West: Use: Kanaka Creek Regional Park Zone: RS-3 One Family Rural Residential Designation: Park Existing Use of Property: Congregate care facility Proposed Use of Property: Expanded congregate care facility Site Area: 0.861 HA. (2.1 acres) Access: 256th Street Servicing requirement: Rural Standard with community water b) Site Characteristics: The site is characterized by slopes over 30% along the west and south property lines, and Freebie Creek is located in the north-west corner of the property. These conditions put the site into a natural Features and Watercourse Protection Development Permit Area. Kanaka Creek Regional Park is adjacent to the subject property along its southern edge. To its north is a property within the Agricultural Land Reserve. For this reason, an assessment of the impacts of this proposal to the agricultural potential of this adjacent property will be required. This requirement complies with the provisions of Official Community Plan Policy 6 -12. The site is located outside of the urban area boundary, and the present and proposed facility must rely on septic disposal, rather than a sanitary sewer, but is connected to community water. c) Project Description: This application is for the replacement and significant expansion of an existing congregate care facility. The facility commenced with a Land Use Contract from 1976. The facility’s website indicates that it provides its residents with an affordable housing option (the website indicates rates starting at $995 per month) with the following services: • Private Suites with Private Bathrooms • 3 Meals a day • 24 Hour Staffing - 3 - • Transportation to town • Utilities, Housekeeping, and Laundry Kanaka Creek Seniors Centre operates under licence from Fraser Health. Although the residential cap of the site is 38 residents, the applicant reports that only 9 residents currently live there. The proposed new facility will have significantly higher rents, ranging from $2500.00 to $4500.00 per month1. Environmentally sensitive portions of the site will need to be dedicated, triggering an OCP amendment to Conservation, and reducing the overall site area. The facility is proposed to be 4645m2 (50,000 square feet) in size, which is significantly larger than the current operation, which is limited to 697m2 (7,500 square feet) under the existing Land Use Contract. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. This application is provided in compliance with the Development Procedures Bylaw, which allows Council to approve first reading applications based on land use concepts, without physical context. Under this process, a first reading rezoning application requires limited information such as: 1. A completed application form with the prescribed fee; 2. A Certificate of Title and a Consent Form (if the applicant is different from the owner shown on the certificate of title) plus copies of any restrictive covenant documents registered against title to the lands; 3. A Site Profile; 4. A written statement describing the proposal or amendment including an assessment as to consistency of the proposal with Official Community Plan policies and guidelines; Additional information may also be required as follows: 5. A metric scaled preliminary site plan sufficient in detail to demonstrate what is being proposed on the site, compliance with the Zoning Bylaw and any development permit guidelines. All variances must be clearly noted. The current Development Procedures Bylaw process may be well suited for properties within the urban area boundary, where the provision of full urban standards can be assumed or provided. For this application, however, there are a number of questions about site capacity and actual developable area that would need to be assessed before the feasibility of this proposal could be determined. The current process makes it challenging for Council to be provided with sufficient information to make an informed decision. Under the Development Procedures Bylaw, a detailed review and comments need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to Second Reading. Such assessment may impact proposed lot boundaries, environmental and geo-technical setbacks, appropriate occupancy loads, OCP designations and Bylaw particulars, and may require application for further development permits or variances. 1 The applicant reports that a transition plan would be made to provide existing tenants with suitable relocation options. - 4 - d) Planning Analysis: Official Community Plan: This proposal has multiple policy implications identified in the Official Community Plan. These include the provision of affordable housing, and special needs housing. In addition, the subject property is designated Institutional and could therefore be rezoned without requiring an amendment to the Official Community Plan. An adjacent property is within the Agricultural Land Reserve, and therefore the need for agricultural impacts assessments are triggered. The Official Community Plan also contains policies related to Institutional uses in rural areas, and these would have to be considered in the context of a rezoning application. The following policies relate to Institutional uses in the Official Community Plan: 4 - 33 Large Scale Institutional Facilities such as public hospitals, congregate care facilities, and private hospitals should: a) be within the Urban Area Boundary; b) be conveniently located near public transit; c) have direct access to a collector, arterial, TransLink major road or Provincial Highway as identified in the Maple Ridge Transportation plan; d) where considered necessary, require the completion of a transportation impact study; and e) respect the neighbourhood context and natural features. 4 - 34 Proposed expansions in the range of uses or size of existing Large Scale Institutional Facilities must be evaluated on their impacts to the adjacent neighbourhood, to the transportation network, to existing services and facilities, and to the surrounding community and its natural features. The redevelopment or reuse of institutional facilities for other than institutional use is encouraged, providing that the transportation network servicing and infrastructure can support the use. 4 - 35 An Institutional use may be considered in rural areas provided that the use, character, and related programs of the operation respects rural character, is sited to minimize conflicts with adjacent rural neighbours, and existing on- site services and infrastructure can support the use. The proposed expansion may be supportable because it is consistent with the Institutional land use designation of the subject property and provides special needs housing. The existing land use contract would be superceded by the new zone, which is consistent with current municipal practices. In addition, the new facility and site development would have to comply with current municipa l standards for the 2012 BC Building Code, riparian protection, site servicing, and business licensing. Challenges with this application relate to assessing the capacity of the site to support this expanded use. Given the uncertainty of the site’s developable area and its required septic capacity, it is not clear if a rezoning application could yield this property more development potential than the current limits of the existing land use contract have imposed. It is also difficult to determine if the proposal will comply with Official Community Plan policy 4 -35 for consistency with rural character, as a large 3 storey structure near the corner of the intersection of 256th Street and 116th Avenue could appear out of place to existing area residents. It should be noted that institutional developments are exempt from form and character development permit area guidelines. Council could impose design standards by way of a restrictive convenant. Otherwise, it would be challenging to impose design guidelines and landscape treatment on the facility. - 5 - It is noted that the property north of the subject site is within the Agricultural Land Reserve, and therefore compliance with Policy 6-12 of the Official Community Plan is required, as follows: Maple Ridge will protect the productivity of its agricultural land by:… b) Requiring agricultural impact assessments (AIAs) and Groundwater Impact Assessment of non-farm development and infrastructure projects and identifying measures to off-set impacts on agricultural capability. For this proposal, traffic impacts of the proposed expansion should be considered in the Agricultural Impact Assessment. The applicant has provided a preliminary concept plan that appears to conform to the preliminary assessment of developable area for the building footprint only. However, parking and septic field locations have not been identified on site. Review by qualified professionals for environmental, septic, and geotechnical considerations is required, which could reduce the developable area or occupant capacity further. In addition, a qualified professional would be required to assess if the existing water capacity and drainage infrastructure could support such an expanded facility. A further concern is that this proposal may result in a loss of affordable and special needs housing stock, as the new rents proposed will be significantly higher than currently charged. Although legally non-conforming with regards to siting, it is not clear at this time that the existing building is at the end of its useful life. Section 3.2 of the Official Community Plan notes the following objective: To recognize that mixed socio-economic housing contributes positively to overall community health, and to facilitate the provision of special needs housing within the D istrict (including social housing, community care facilities, transition housing, shelter housing and supportiv e housing units) for people with physical, mental, and /or lifestyle challenges. To address this concern, a professional appraisal of financial feasibility of the existing facility is recommended to assist Council in the decision making process. Tenant Relocation: The applicant has advised that a transition plan would be made for existing tenants, but details have not yet been provided. For guidance on the proposed tenant relocation plan, it should be noted that the City has developed policy guidelines for the protection of tenants of manufactured home parks prior to redevelopment occurring. Some of the requirements of the Modular Home Park policy could be pertinent to this application. These include a qualitative survey of residential housing preferences, affordable housing options on the subject site with opportunities for tenants to continue their tenancy there, and a commitment to hire a qualified professional to assist tenants with this change by identifying satisfactory housing options. Metro Vancouver Regional Growth Strategy: Metro Vancouver is responsible for the development and implementation of the Regional Growth Strategy (RGS) as it pertains to its member municipalities, including the City of Maple Ridge. The subject property is designated Rural in the RGS, which defines rural lands as follows: Rural areas are intended to protect the existing character of rural communities, landscapes and environmental qualities. Land uses include low density residential development, small scale commercial, industrial, and institutional uses, and agricultural use s that do not require the provision of urban services such as sewer or transit. Rural areas are not intended as future urban development areas, and generally will not have access to regional sewer services. - 6 - On this basis, institutional uses outside of Metro Vancouver’s Urban Containment Boundary are intended to be small scale and able to be served with on -site sewer provisions (i.e. septic). It is not clear at this time that a 4645 m2 (50,000 square ft.) facility on this 0.86 hectare (2.1 acre) site could be adequately served with septic. Housing Action Plan: Strategy #9 of the Regional Growth Strategy states the following: Support the non-market housing sector. Recommended actions in support of this objective include working with Fraser Health, BC Housing, and other institutions to address the shortage of supportive and seniors housing. The current proposal could potentially eliminate 19 units and 38 beds for clients with limited incomes. The proposal does not state the number of units that would be provided, but the applicant indicates that the rents charged with the new construction will be in the range of $2500 to 4500 per month, which is significantly higher than current rates charged. Land Use Contract: The subject property is not zoned, but is subject to a Land-Use Contract (LUC). Provincial legislation provided for LUC’s between 1973 and 1979. Unless discharged through a rezoning process, the LUC remains in place and dictates the land use and siting requirements for the site. The Land Use Contract in place establishes the parking requirements on site, and sets a maximum limit of 38 guests with 4 residential units for staff. Pertinent excerpts from the Land Use Contract are attached to this report as Appendix F. Zoning Bylaw: The current application proposes to rezone the property located at 11581 256 Street from a Land Use Contract to P-2 (Special Institutional) to permit an expanded facility. The P-2 Special Institutional Zone allows for Private Hospital which is defined as a use providing for the care of the sick, injured, or aged other than in a public hospital; includes private hospitals, convalescent homes, nursing homes, hospices, palliati ve care units, community care facilities, multi-level care facilities and adult daycare centres. The minimum lot size for the proposed P-2 Special Institutional Zone is 668m2. Aside from noted exemptions, variations from the requirements of the proposed zone will require a Development Variance Permit application. The P-2 Zone has a maximum lot coverage of 40% for Private Hospital, and a maximum floor space ratio of 50%. These thresholds are high for a rural area, where on -site sewage disposal is required. Subdivision and Development Servicing Bylaw: The Subdivision and Development Servicing Bylaw notes that, P-2 zones which are located in the rural area as designated on the Official Community Plan may be exempted from the requirement to provide sanitary sewer systems, underground wiring, boulevard treatment, street tree planting, sidewalks, curbs, and/or street lighting. As these exemptions are specified in the bylaw, no Development Variance Permit would be triggered if these services could not be provided. Development Permits: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. In addition, pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for: - 7 -  All areas designated Conservation on Schedule “B” or all areas within 50 met res of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan;  All lands with an average natural slope of greater than 15 %;  All floodplain areas and forest lands identified on Natural Features Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. For processing purposes, these requirements can be combined into a single development permi t. Development Information Meeting: A Development Information Meeting is required for this application. Prior to Second Reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. e) Interdepartmental Implications: In a preliminary review, the Engineering Department notes that no road dedication would be required on either fronting street, however, road works to a Rural Local standard would be required on 116 Avenue and road works to a Rural Arterial standard would be required along 256 Street. There is no sanitary service to the site or the surrounding area; therefore, the site would continue to be serviced by a septic system. In order to advance the current application, after First Reading, comments and input will be sought from internal departments and external agencies listed below: a) Fire Department; b) Parks Department; c) School District; d) Utility companies; e) Ministry of Transportation and Infrastructure; f) Fisheries & Oceans Canada; g) Ministry of Environment; and h) Canada Post. i) Fraser Health The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department as a formal referral; therefore, an evaluation of servicing requirements has not been undertaken. This evaluation is anticipated to take place between First and Second Reading. f) Early and Ongoing Consultation: In respect of Section 879 of the Local Government Act for consultation during an Official Community Plan amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the City’s website, together with an invitation to the public to comment. - 8 - g) Development Applications: In order for this application to proceed the following information must be provided, as re quired by Development Procedures Bylaw No. 5879–1999 as amended: 1. An OCP Application identifying conservation lands (Schedule A); 2. A complete Rezoning Application (Schedule B or Schedule C); 3. A Watercourse Protection Development Permit Application (Schedule F); 4. A Natural Features Development Permit Application (Schedule G); As noted, items 3 and 4 (above) may be combined into one application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. h) Alternatives: Based on concerns noted in this report, deferral is the recommended approach. More detailed analysis of the proposal should be explored, with an assessment of developable area, septic capacity, and supportable levels of development. Information about tenant needs should be provided, along with discussion of the proposed tenant relocation plan. A financial feasibility study of the existing facility and its continued potential to meet community need is also recommended. This information will provide the required background for an informed review and consideration by Council. Council also has the op tion of denying this application or of giving it first reading. 1 a) If Council prefers to grant first reading to the bylaw, the following Resolution would apply: That Zone Amending Bylaw No. 7161-2015 be given first reading; and That requirement for consultation In respect of Section 879 of the Local Government Act during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: i. The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii. The Board of any Regional District that is adjacent to the area covered by the plan; iii. The Council of any municipality that is adjacent to the area covered by the plan; iv. First Nations; v. School District Boards, greater boards and improvements district boards; and vi. The Provincial and Federal Governments and their agencies. It is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City’s website, together with an invitation to the public to comment, and; That the applicant provide further information as described on Schedules A, C, F, G, I and J of the Development Procedures Bylaw No. 5879 – 1999. 1 b) If Council prefers to deny this application, the following Resolution could be considered: That Zone Amending Bylaw No. 7161-2015 not be given first reading; - 9 - CONCLUSION: The development proposal could be considered supportable for first reading, given the requirements of the Development Procedures Bylaw. The proposal complies with the Official Community Plan, and the site has been used as a care facility for approximately 40 years. The provision of special needs housing is identified as a priority in the Official Community Plan and therefore, there is no conflict between this land use proposal and overall community objectives. However, in consideration of this proposal, and the information required to allow it to proceed further, it is recommended that additional information be provided and assessed prior to first reading. It is recommended that Council not require any further additional OCP consultation. It is expected that once complete information is received, Maple Ridge Zone Amending Bylaw No. 7161-2015 will be amended and an OCP Amendment to adjust the Conservation boundary may be required. At this time, the proposed facility has not been reviewed in relation to the relevant bylaws and regulations governing rezoning applications. “Original signed by Diana Hall”________________________ Prepared by: Diana Hall, MA, MCIP, RPP Planner 2 “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 Frank Quinn”_______________________ Concurrence: Frank Quinn, MBA, P.Eng Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw No. 7161-2015 Appendix C – Information page from Kanaka Care Centre website Appendix D - Preliminary Environmental Review Appendix E – Preliminary Site Plan and Building Elevations Appendix F – Land Use Contract excerpt. DATE: Jun 16, 2015FILE: Untitled BY: PC PLANNING DEPARTMENT 116 AVE 256 STSUBJECT PROPERTY ´ Scale: 1:2,500 11581 256 STREETLegend GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River Major Rivers & Lakes APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7161-2015 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. 7161-2015." 2.That parcel or tract of land and premises known and described as: Lot 15 Except: Part Subdivided by Plan 50607; Section 14 Township 12 New Westminster District Plan 2509 and outlined in heavy black line on Map No. 1641 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to P-2 (Special Institutional). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 11584 1153211652 11581 11633 116242553911669 256702 P 714 15 21 C P 733 50 Rem 1 5 A 19 P 250 9 *PP10 7 Rem B P 250 9 1 71 EP 32 717 1 P 506 07 66 P 683 1 P 379 1 2 P 683 1 2 P 250 9 14 P 431 85 2 P 388 0 20 13 P 677 99 1 P 714 15 P 300 58 E P 6 7 8 0 0 BY-LAW P 52044BY-LAW P 61889116 AV E.256 ST.´ SCALE 1:2 ,5 00 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: LUC (Land Use Contract) P-2 (Special Institutional) 7161-20151641 APPENDIX C APPENDIX D KANAKA CREEK SITE 8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J 7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*? YJQYJQYJQYJQ \\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR %%%%++++8888++++....''''....''''%%%%6666////''''%%%%****5555666644447777%%%%6666####4444%%%%****4444''''8888++++''''9999 5555''''''''0000««««$$$$;;;; 7+,6'5$:,1*$6$1,167580(172)6(59,&(,67+(3523(57<2)9,9,'*5((1$5&+,7(&785(,1&:,7+7+(&23<5,*+7 5(6(59('125(352'8&7,21,6$//2:(':,7+2877+( 3(50,66,212)9,9,'*5((1$5&+,7(&785(,1&$1':+(1 0$'(0867%($5,761$0(7+,6'5$:,1*,612772%( 6&$/('7+(&2175$&725,6729(5,)<',0(16,216$1''$7$ 127('+(5(,1:,7+7+(&21',7,216216,7($1',6 5(63216,%/()255(3257,1*$1<',6&5(3$1&<729,9,' *5((1$5&+,7(&785(,1&)25$'-8670(17 7*;7*;7*;7*; >>ª22ª))>>ª22ª))>>ª22ª))>>ª22ª)) .88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43 )7&<3)7&<3)7&<3)7&<3 7*;.*<*)7*;.*<*)7*;.*<*)7*;.*<*) 574/*(9574/*(9574/*(9574/*(9 555577774444////****((((999933334444 )*8.,3*))*8.,3*))*8.,3*))*8.,3*) )7&<3)7&<3)7&<3)7&<3 8(&1*8(&1*8(&1*8(&1* )&9*)&9*)&9*)&9* 8*&18*&18*&18*&1 ))))7777&&&&<<<<....3333,,,,333344447777****;;;; 9999----....88887777****;;;;....8888....444433338888::::5555****77778888****))))****8888 89&9.43))))7777&&&&<<<<....3333,,,,8888''''****&&&&7777....3333,,,,55557777****;;;;....4444::::8888 7777****;;;;....8888....444433331111****99999999****7777 &7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1 " ª" ª" ª" ª&&&&22220FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ YM8YWJJYYM8YWJJYYM8YWJJYYM8YWJJY 2222FFFFUUUUQQQQJJJJ7777NNNNIIIILLLLJJJJ''''(((( &&&& )JXNLSJW)JXNLSJW)JXNLSJW)JXNLSJW &ZYMTW&ZYMTW&ZYMTW&ZYMTW 8NYJ5QFS8NYJ5QFS8NYJ5QFS8NYJ5QFS 1" = 20'-0" Site1 APPENDIX E 8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J 7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*? YJQYJQYJQYJQ \\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR %%%%++++8888++++....''''....''''%%%%6666////''''%%%%****5555666644447777%%%%6666####4444%%%%****4444''''8888++++''''9999 5555''''''''0000««««$$$$;;;; 7+,6'5$:,1*$6$1,167580(172)6(59,&(,67+(3523(57<2)9,9,'*5((1$5&+,7(&785(,1&:,7+7+(&23<5,*+7 5(6(59('125(352'8&7,21,6$//2:(':,7+2877+( 3(50,66,212)9,9,'*5((1$5&+,7(&785(,1&$1':+(1 0$'(0867%($5,761$0(7+,6'5$:,1*,612772%( 6&$/('7+(&2175$&725,6729(5,)<',0(16,216$1''$7$ 127('+(5(,1:,7+7+(&21',7,216216,7($1',6 5(63216,%/()255(3257,1*$1<',6&5(3$1&<729,9,' *5((1$5&+,7(&785(,1&)25$'-8670(17 7*;7*;7*;7*; >>ª22ª))>>ª22ª))>>ª22ª))>>ª22ª)) .88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43 )7&<3)7&<3)7&<3)7&<3 7*;.*<*)7*;.*<*)7*;.*<*)7*;.*<*) 574/*(9574/*(9574/*(9574/*(9 555577774444////****((((999933334444 )*8.,3*))*8.,3*))*8.,3*))*8.,3*) )7&<3)7&<3)7&<3)7&<3 8(&1*8(&1*8(&1*8(&1* )&9*)&9*)&9*)&9* 8*&18*&18*&18*&1 ))))7777&&&&<<<<....3333,,,,333344447777****;;;; 9999----....88887777****;;;;....8888....444433338888::::5555****77778888****))))****8888 89&9.43))))7777&&&&<<<<....3333,,,,8888''''****&&&&7777....3333,,,,55557777****;;;;....4444::::8888 7777****;;;;....8888....444433331111****99999999****7777 &7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1 " ª" ª" ª" ª&&&&22220FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ YM8YWJJYYM8YWJJYYM8YWJJYYM8YWJJY 2222FFFFUUUUQQQQJJJJ7777NNNNIIIILLLLJJJJ''''(((( &&&& )JXNLSJW)JXNLSJW)JXNLSJW)JXNLSJW &ZYMTW&ZYMTW&ZYMTW&ZYMTW )[NJ\X)[NJ\X)[NJ\X)[NJ\X 1" = 20'-0" 3D view 12 1" = 20'-0" 3D View 23 C RE E K T O P O F B A N K 30 m ts S E T B A C K 7.5 mts SETBACK 7.5 mts SETBACKT O P O F B A N K 3 0 mt s SETBACK C R E E K 10 Mts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««««$$$$;;;; 7+,6'5$:,1*$6$1,167580(172)6(59,&(,67+(3523(57<2)9,9,'*5((1$5&+,7(&785(,1&:,7+7+(&23<5,*+7 5(6(59('125(352'8&7,21,6$//2:(':,7+2877+( 3(50,66,212)9,9,'*5((1$5&+,7(&785(,1&$1':+(1 0$'(0867%($5,761$0(7+,6'5$:,1*,612772%( 6&$/('7+(&2175$&725,6729(5,)<',0(16,216$1''$7$ 127('+(5(,1:,7+7+(&21',7,216216,7($1',6 5(63216,%/()255(3257,1*$1<',6&5(3$1&<729,9,' *5((1$5&+,7(&785(,1&)25$'-8670(17 7*;7*;7*;7*; >>ª22ª))>>ª22ª))>>ª22ª))>>ª22ª)) .88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43 )7&<3)7&<3)7&<3)7&<3 7*;.*<*)7*;.*<*)7*;.*<*)7*;.*<*) 574/*(9574/*(9574/*(9574/*(9 555577774444////****((((999933334444 )*8.,3*))*8.,3*))*8.,3*))*8.,3*) )7&<3)7&<3)7&<3)7&<3 8(&1*8(&1*8(&1*8(&1* )&9*)&9*)&9*)&9* 8*&18*&18*&18*&1 ))))7777&&&&<<<<....3333,,,,333344447777****;;;; 9999----....88887777****;;;;....8888....444433338888::::5555****77778888****))))****8888 89&9.43))))7777&&&&<<<<....3333,,,,8888''''****&&&&7777....3333,,,,55557777****;;;;....4444::::8888 7777****;;;;....8888....444433331111****99999999****7777 &7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1 " ª" ª" ª" ª&&&&22220FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ YM8YWJJYYM8YWJJYYM8YWJJYYM8YWJJY 2222FFFFUUUUQQQQJJJJ7777NNNNIIIILLLLJJJJ''''(((( &&&& [LF[LF[LF[LF &ZYMTW&ZYMTW&ZYMTW&ZYMTW +QTTW5QFSª1J[JQ+QTTW5QFSª1J[JQ+QTTW5QFSª1J[JQ+QTTW5QFSª1J[JQ 1" = 20'-0" Level 11 15' - 0" 8' - 0" 15' - 0" 1 5 ' - 0 " 8 ' - 0 " 1 5' - 0 " 3 8 ' - 0 "43' - 3 1/4"9 4' - 6"63' - 11 1/4"198' - 4"15' - 0" 8' - 0" 15' - 0"15' - 0" 8' - 0" 15' - 0" 38' - 1"91' - 0"PROPERTY LINE PROPERTY LINE1 5 ' - 0 " 8' - 0 " 1 5 ' - 0 " 3 8' - 0 " 15' - 0" 8' - 0" 15' - 0" 15' - 0" 8' - 0" 15' - 0" 38' - 0" 1 5 ' - 0 " 8' - 0 " 1 5' - 0 " 3 8' - 0 " 9 4' - 6"77' - 4"43' - 4"64' - 4" PROPERTY LINE PROPERTY LINE8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J 7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*? YJQYJQYJQYJQ \\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR %%%%++++8888++++....''''....''''%%%%6666////''''%%%%****5555666644447777%%%%6666####4444%%%%****4444''''8888++++''''9999 5555''''''''0000««««$$$$;;;; 7+,6'5$:,1*$6$1,167580(172)6(59,&(,67+(3523(57<2)9,9,'*5((1$5&+,7(&785(,1&:,7+7+(&23<5,*+7 5(6(59('125(352'8&7,21,6$//2:(':,7+2877+( 3(50,66,212)9,9,'*5((1$5&+,7(&785(,1&$1':+(1 0$'(0867%($5,761$0(7+,6'5$:,1*,612772%( 6&$/('7+(&2175$&725,6729(5,)<',0(16,216$1''$7$ 127('+(5(,1:,7+7+(&21',7,216216,7($1',6 5(63216,%/()255(3257,1*$1<',6&5(3$1&<729,9,' *5((1$5&+,7(&785(,1&)25$'-8670(17 7*;7*;7*;7*; >>ª22ª))>>ª22ª))>>ª22ª))>>ª22ª)) .88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43 )7&<3)7&<3)7&<3)7&<3 7*;.*<*)7*;.*<*)7*;.*<*)7*;.*<*) 574/*(9574/*(9574/*(9574/*(9 555577774444////****((((999933334444 )*8.,3*))*8.,3*))*8.,3*))*8.,3*) )7&<3)7&<3)7&<3)7&<3 8(&1*8(&1*8(&1*8(&1* )&9*)&9*)&9*)&9* 8*&18*&18*&18*&1 ))))7777&&&&<<<<....3333,,,,333344447777****;;;; 9999----....88887777****;;;;....8888....444433338888::::5555****77778888****))))****8888 89&9.43))))7777&&&&<<<<....3333,,,,8888''''****&&&&7777....3333,,,,55557777****;;;;....4444::::8888 7777****;;;;....8888....444433331111****99999999****7777 &7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1 " ª" ª" ª" ª&&&&22220FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ YM8YWJJYYM8YWJJYYM8YWJJYYM8YWJJY 2222FFFFUUUUQQQQJJJJ7777NNNNIIIILLLLJJJJ''''(((( &&&& )JXNLSJW)JXNLSJW)JXNLSJW)JXNLSJW &ZYMTW&ZYMTW&ZYMTW&ZYMTW +QTTW5QFSXª1J[JQ+QTTW5QFSXª1J[JQ+QTTW5QFSXª1J[JQ+QTTW5QFSXª1J[JQ 1" = 20'-0" Level 21 1" = 20'-0" Level 32 Level 1 265' - 2" Level 2 279' - 2" Roof 299' - 2" Level 3 289' - 2" Ground level 264' - 8" Level 1 265' - 2" Level 2 279' - 2" Roof 299' - 2" Level 3 289' - 2" Level 1 265' - 2" Level 2 279' - 2" Roof 299' - 2" Level 3 289' - 2" Level 1 265' - 2" Level 2 279' - 2" Roof 299' - 2" Level 3 289' - 2" 8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J 7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*? YJQYJQYJQYJQ \\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR\\\;N[NI,WJJS&WHMNYJHYZWJHTR %%%%++++8888++++....''''....''''%%%%6666////''''%%%%****5555666644447777%%%%6666####4444%%%%****4444''''8888++++''''9999 5555''''''''0000««««$$$$;;;; 7+,6'5$:,1*$6$1,167580(172)6(59,&(,67+(3523(57<2)9,9,'*5((1$5&+,7(&785(,1&:,7+7+(&23<5,*+7 5(6(59('125(352'8&7,21,6$//2:(':,7+2877+( 3(50,66,212)9,9,'*5((1$5&+,7(&785(,1&$1':+(1 0$'(0867%($5,761$0(7+,6'5$:,1*,612772%( 6&$/('7+(&2175$&725,6729(5,)<',0(16,216$1''$7$ 127('+(5(,1:,7+7+(&21',7,216216,7($1',6 5(63216,%/()255(3257,1*$1<',6&5(3$1&<729,9,' *5((1$5&+,7(&785(,1&)25$'-8670(17 7*;7*;7*;7*; >>ª22ª))>>ª22ª))>>ª22ª))>>ª22ª)) .88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43.88:*)*8(7.59.43 )7&<3)7&<3)7&<3)7&<3 7*;.*<*)7*;.*<*)7*;.*<*)7*;.*<*) 574/*(9574/*(9574/*(9574/*(9 555577774444////****((((999933334444 )*8.,3*))*8.,3*))*8.,3*))*8.,3*) )7&<3)7&<3)7&<3)7&<3 8(&1*8(&1*8(&1*8(&1* )&9*)&9*)&9*)&9* 8*&18*&18*&18*&1 ))))7777&&&&<<<<....3333,,,,333344447777****;;;; 9999----....88887777****;;;;....8888....444433338888::::5555****77778888****))))****8888 89&9.43))))7777&&&&<<<<....3333,,,,8888''''****&&&&7777....3333,,,,55557777****;;;;....4444::::8888 7777****;;;;....8888....444433331111****99999999****7777 &7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1&7(-.9*(9:7&1 " ª" ª" ª" ª&&&&22220FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ0FSFPF(WJJP(JSYWJ YM8YWJJYYM8YWJJYYM8YWJJYYM8YWJJY 2222FFFFUUUUQQQQJJJJ7777NNNNIIIILLLLJJJJ''''(((( &&&& )JXNLSJW)JXNLSJW)JXNLSJW)JXNLSJW &ZYMTW&ZYMTW&ZYMTW&ZYMTW *1*;&9.438*1*;&9.438*1*;&9.438*1*;&9.438 1" = 20'-0" South1 1" = 20'-0" North2 1" = 20'-0" East3 1" = 20'-0" West4 8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J8PFLNY)WN[J 7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*?7NHMRTSI'(;*? 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To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: That Zone Amending Bylaw No. 7158-2015 be given first reading; and That the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879–1999, along with the information required for a Subdivision application. DISCUSSION: a)Background Context: Applicant: Jonathan Craig Owner: Wade Gienow Legal Description: Parcel “E” (Reference Plan 3460) District Lot 242 Group 1 Except: The North 180 Ft., New Westminster District OCP: Existing: Urban Residential Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: R-1 (Residential District) Surrounding Uses: North: Use: Church Zone: P-4 (Place of Worship) Designation: Institutional South: Use: Vacant (Fortis Right-of-Way) Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential 1102 - 2 - East: Use: Residential; Lions Park Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential; Park West: Use: Residential Zone: RG (Group Housing Zone) Designation: Urban Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 0.33 Ha (0.8 acres) Access: Laity Street and 212 Street Servicing requirement: Urban Standard b) Site Characteristics: The subject property is 0.33 ha (0.8 acres) in size and is bound by St. Paul’s Lutheran Church to the north, single family residential and Lions Park to the east, a vacant lot owned by FortisBC Energy Inc. with a Fortis Gas Right-of-Way to the south and townhomes to the west (see Appendix A). The subject property is flat with some sparse vegetation located throughout the site. There is an existing house on the property that will require removal. c) Project Description: The applicant proposes to rezone the subject property, from RS -1 (One Family Urban Residential) to R-1 (Residential District) to permit future subdivision into six single family residential lots not less than 371 m² (see Appendix C). Three of the lots will be accessed from Laity Street, while the other three lots will be accessed from 212 Street. It is noted that the proposed lot sizes are significantly larger than the minimum R-1 (Residential District) requirements. The larger lot size of 530 -540 m² will ensure compatibility with the existing lot sizes in the neighbourhood. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and Bylaw particulars, and may require application for further development permits. d) Planning Analysis: Official Community Plan: The OCP designates the property Urban Residential, and development of the property is subject to the Major Corridor infill policies of the OCP. These policies require that development be compatible with the surrounding nei ghbourhood, with particular attention given to site design setbacks and lot configuration with the existing pattern of development in the area. The proposed rezoning to R-1 (Residential District) is in conformance with the Urban Residential designation and infill policies. Zoning Bylaw: The current application proposes to rezone the property located at 12117 Laity Street from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into approximately 6 single family residential lots. The minimum lot size for the current RS-1 (One - 3 - Family Urban Residential) zone is 668 m2, and the minimum lot size for the proposed R-1 (Residential District) zone is 371 m2. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Advisory Design Panel: A Form and Character Development Permit is not required because this is a single family project, therefore this application does not need to be reviewed by the Advisory Design Panel. Development Information Meeting: A Development Information Meeting is required for this application. Prior to second reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. e) Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Licences, Permits & Bylaws; d) Fire Department; e) School District; f) Ministry of Transportation and Infrastructure; and g) Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at thi s time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between first and second reading. f) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879–1999 as amended: 1. A complete Rezoning Application (Schedule B); and 2. A Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. - 4 - CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the City of Maple Ridge’s Approving Officer. “Original signed by Adam Rieu” _______________________________________________ Prepared by: Adam Rieu Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn, MBA, P. Eng Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw No. 7158-2015 Appendix C – Proposed Site Plan DATE: Jul 7, 20152015-181-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY DEWDNEY TRUNK RD LAITY ST212 STWICKLUND AVE 121 Ave ´ Scale: 1:2,500 12117 Laity StLegend \\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 APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7158-2015 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. 7158-2015." 2.That parcel or tract of land and premises known and described as: Parcel “E” (Reference Plan 3460) District Lot 242 Group 1 Except: The North 180 feet, New Westminster District and outlined in heavy black line on Map No. 1640 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 APPROVED by the Ministry of Transportation and Infrastructure this day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 211522116621161211782119012090 12098 2123112089 12025 12161 21295120391204712022 21322213281202821334 2114221149211602117021175211932120112073 12081 12171 12062 12070 12086 12186 120232129221312 12010211502115321167211752117821188211891202012037 12145 12156 213012130921321120591 2 0 3 221151211552118521190/92211991205021221 12061 12117 12020 12032 12044 12031 2131421311213231203621145211442115421158211652116121175211912119512069 2121121196/982120712116 212972130012007 12011 12015 12018 213192114712038 1207021210 12101 21282212901201321299 1206321146211492117012101-53 2120021220212412123012047 12050 12056 12128 12138 213181205521328211462118821198212002124012196 12014 120261205121320 21327WICKLUND AVE. 122 AVE.McINTYRE CT.212 ST.McINTYRE CT. 121 AVE.LAITY ST.CAMPBELL AVE. P 15470 293 10 156 155 297 2 1 *LMP 23192P 62355 130 P 59 0 03 B BCP 161921 2 1114P 70 7 21 22 2 25 6P 4667223 3 310 P 47383 6 308 P 53420 P 46290P 47383 NWS 1462P 15078 5 304 P 14112 358 303 300 P 47517 EP1 62 8 5 1 66LMP 413381 28 7P 601004 22 0 22 1P 56 8 96 P 5798025 3 22 4 10 9 309 126 154 298 357 Rem N 180' E 4 P 8790 360 of 2 A BCP 303 2 4 3 18 6 25 9 25 5 Rem 323 8Rem 4P 56 8 96 292 NWS 336 11 5 295 301 181 3 Rem 1 3 3 P 74 5 04P 1468667P 32 5 05 23423525 7 25 2 P 74 9 9of 3P 36 5 19 P 56 8 96 P 79726 2 120 305 2 122 Rem E 359 P 378892 2 1 2 W 100'25 8P 53420 P 19872 157 294 P 48094306 296 P 77954 P 53420 2 6 124 P 3460125 C D P 9327PARKRem 2 23 1 P 56 8 96 23 7 23 0 25 1 25 4 158 1 4 175 119110 302 P 53420 182 Rem 1 Rem N 1 /2 P 47 0 1 LMP 57 683 P 57 9 80 68 22 9 22 3 LMP 11122 PL. (EP 47384) P 48094 121 1 P 58583 P 53420 299 P 47383 P 48995 P 47383 E 2 of S 1 /2 A P 74 9 9 Rem 2 23 2 23622 5 RW 18394 EP 53421LMP 39636P 62150EP 53421 LMP 38963LMP 5769 LMP 39238LMP 38783 LMP 39238RW 18394 LAITY ST.W ICK LUN D AV E . ´ SCALE 1:2 ,0 00 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) R-1 (Residential District) 7158-20151640 APPENDIX C - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 2014-019-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Official Community Plan Amending Bylaw No. 7086-2014 Second Reading Zone Amending Bylaw No. 7070-2014 24815 Dewdney Trunk Road EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), to permit the construction of two commercial buildings with six ground level commercial units and two rental residential units on a second floor (see Appendix D). Council granted first reading to Zone Amending Bylaw No. 7070-2014 and Official Community Plan (OCP) Bylaw No. 7086-2014 on May 27, 2014. The minimum lot size for the current RS-1 (One Family Urban Residential) zone is 668 m2. Note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. The Commercial and Industrial Strategy prepared by GP Rollo and Associates discusses commercial nodes located in various locations of the City. Through a development enquiry on the subject site, GP Rollo and Associates was asked to prepare a comparison on the viability of a commercial node at 248 Street and Dewdney Trunk Road and the impacts it may have on the historic commercial node located at 256 Street and Dewdney Trunk Road in Webster’s Corner. That addendum to the Commercial and Industrial Strategy was presented to Council in September 2013, and indicates that a commercial node at 248 Street and Dewdney Trunk Road would be viable based on its location and inclusion in the Greater Vancouver Fraser Sewer Area. The addendum has been included as an attachment to this report as Appendix H. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. 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. 7086-2014 on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 1103 - 2 - 2) That Official Community Plan Amending Bylaw No. 7086-2014 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Official Community Plan Amending Bylaw No. 7086-2014 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Maple Ridge Official Community Plan Amending Bylaw No. 7086-2014 be given second reading and be forwarded to Public Hearing; 5) That Maple Ridge Zone Amending Bylaw No. 7070-2014 be amended as identified in the staff report dated July 20, 2015, be given second reading, and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Amendment to Official Community Plan Schedule "B"; iii) Road dedication as required; iv) Registration of a Reciprocal Cross Access Easement Agreement; v) Registration of a Restrictive Covenant for protecting the Residential Parking and Visitor Parking; vi) Registration of a Restrictive Covenant for Stormwater Management; vii) Registration of a Housing Agreement in accordance with Section 905 of the Local Government Act and a Restrictive Covenant stating that the second floor of Building 2 will be restricted to residential rental units; viii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage ta nks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Rudy Di Giovanni Owner: 0981077 BC Ltd. Legal Description: Lot 22 Section 23 Township 12 NWD Plan 15267 OCP: Existing: Commercial (Neighbourhood) Proposed: Commercial - with the creation of a new Village Commercial category - 3 - Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: C-2 (Community Commercial) Surrounding Uses: North: Use: Office (Albion FC) Zone: CS-1 (Service Commercial) Designation: Commercial South: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential East: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential West: Use: High School (Garibaldi Secondary) Zone: P-1 (Park and School) Designation: Institutional Existing Use of Property: Vacant Proposed Use of Property: Commercial Site Area: 0.195 ha (0.48 acres) Access: 248 Street; Dewdney Trunk Road Servicing: Urban 2) Background: The current application is proposing to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six commercial units on the ground floor and two rental residential units on a second floor. At a later date the owner intends to rezone the lot north of the subject property, located at 12040 248 Street, from CS-1 (Service Commercial) to C-2 (Community Commercial) to align zones with the southern lot. The application at first reading included both properties to be rezoned; however, just the lot at 24815 Dewdney Trunk Road will proceed to C-2 (Community Commercial) at this time. It is the applicant’s intention to assess the needs of the surrounding area with the current application and then develop the northern lot based on those needs. The OCP amendment to the proposed Village Commercial however, will include both the southern and northern properties. 3) Project Description: Form and Character: The proposed development will contain two commercial buildings with a total of six commercial units on the ground floor and two rental residential units on a second floor. Proposed Building 1 is a single storey structure that will contain one commercial unit. The total area of Building 1 is approximately 160 m² (1,723 ft²), which the applicant is intending to lease to a food tenant. Building 2 will consist of five commercial units on the ground floor and two rental residential units above on the second floor. A housing agreement will be put in place to keep the residential units as rental space only and a Restrictive Covenant will be registered on title for residential parking. The floor space for the commercial component of Building 2 is approximately 413 m² (4,443 ft²) and the floor space of the two residential units on the second floor combined is approximately 219 m² (2,358 ft²). Building materials will consist of hardie board painted in the traditional colours of yellow, - 4 - red, blue and green. A charcoal metal roof will be used for both buildings; goose-neck lighting to accentuate signage; black framed aluminum cased windows; and black metal awnings covering the outer windows. Circulation and Parking: Access to the subject property is proposed from 248 Street, as well as a second proposed access in the form of a right-in-only, westbound, from Dewdney Trunk Road. The required amount of parking for the development site is 24 stalls, however, 39 stalls are being provided, including 2 for the residential units, 2 small car, 1 for persons with disabilities and 1 designated for a loading bay. Part of the property to the north will be used as additional parking with access to the this site provided through a Cross Access Easement Agreement (see Appendix D). Pedestrian connectivity is provided throughout the development via raised stamped concrete crossings and various access points from both frontages. Landscaping: Landscaping will occur along the two property frontages of Dewdney Trunk Road and 248 Street. The existing cedar trees will remain along the eastern property boundary, along with additional cedar hedges and a cedar fence to separate the neighbouring properties. An outdoor patio is proposed on Building 1, along with a cedar pergola. Outdoor amenity space with landscaping and bench seating is to be located on the interior portion of the development, in order to deter students from the schools congregating in front of proposed Building 1 (see Appendix D). 4) Planning Analysis: i) Official Community Plan: The development site is located at the intersection of Dewdney Trunk Road and 248 Street and is outside of the Urban Area Boundary identified on Schedule “B” of the Official Community Plan. The current commercial classification for this location is Neighbourhood Commercial, as outlined in Section 6.3.6 of the Official Community Plan (Bylaw No. 7060- 2014). A new commercial category of ‘Village Commercial’ is being proposed through this development application, supported by the recommendations of the Commercial and Industrial Strategy. GP Rollo and Associates were asked to evaluate the viability of an expansion to the Neighbourhood Commercial Node at the intersection of Dewdney Trunk Road and 248 Street, including the impact it could have on the Historic Commercial Node of Webster’s Corners located at Dewdney Trunk Road and 256 Street. The addendum to the Strategy was presented to Council in September 2013, and indicates that a Commercial Node at 248 Street and Dewdney Trunk Road would be viable based on:  its strategic location in east Maple Ridge to capture increased commercial demand as the population grows; and  its inclusion in the Greater Vancouver Fraser Sewer Area. The addendum to the Strategy has been included in Appendix H to this report. - 5 - Proposed Village Commercial Policies Issues:  Population growth in east Maple Ridge and in existing developed areas has created a need for Village Commercial Nodes outside of the Urban Area Boundary.  Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area.  Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for Village Commercial development. Objective:  To facilitate Village Commercial Nodes at key locations throughout the City which provide a mix of daily convenience shopping and limited community retail opportunities. Policies:  Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods.  The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for Village Commercial development.  The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial and Neighbourhood Commercial nodes that incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area.  Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: o adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; o commercial building(s) along the street frontage in the Village Commercial Nodes will typically fall within 25 m of the intersection; o the ability of the existing infrastructure to support the new development. In addition to the new policy category, a number of other amendments to the OCP are required as part of the OCP Amending Bylaw No. 7086-2014 in order to align the ‘Village Commercial Node’ policies within the overall commercial framework. These changes include: - 6 -  Adding ‘Village Commercial Node’ in Section 6.3.1 policy 6-22 as a permitted commercial area outside of the Urban Area Boundary;  Adding ‘Village Commercial Node’ in Section 6.3.2 Commercial Designations as item ‘c)’ following Community Commercial Node;  Deleting the following sentence from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated at 248th Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’; and  Adding ‘Village Commercial Node’ to Appendix E, Figure 2 at the intersection of 248th Street and Dewdney Trunk Road. ii) Zoning Bylaw: The current application proposes to rezone the property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six commercial units at ground level and two residentiall units on a second floor. The proposed development would align with the proposed new ‘Village Commercial Node’ category that recommends a maximum of 2,400 m2 (25,833 ft2) of commercial floor space be permitted in this location. The applicant has requested a variance to increase the height of the buildings to enable the two rental residential units on the second floor, and to reduce the exterior and rear setback requirements. It is important to note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. iii) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations (see Appendix C):  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 6 a: To increase the maximum building height from 7.5 metres (25 ft.) to 10.4 metres (34 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 b: To reduce the minimum rear yard setback from 6 metres (20 ft.) to 1.7 metres (6 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 c: To reduce the minimum exterior yard setback from 3 metres (10 ft.) to 1.9 metres (6 ft.). The requested variances to the C-2 (Community Commercial) zone will be the subject of a future Council report. iv) Development Permits: Pursuant to Section 8.5 of the Official Community Plan, a Commercial Development Permit application is required to address the current proposal’s compatibility with adjacent development, and to enhance the unique character of the community in accordance with the following key development permit guidelines: - 7 - 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development; 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts; 3. Promote sustainable development with multimodal transportation circulation, and low impact building design; 4. Respect the need for private areas in mixed use development and adjacent residential areas; and 5. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. v) Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed commercial development and the landscaping plans at a meeting held June 9, 2015. The ADP concerns have been addressed and are reflected in the current plans. The Advisory Design Panel resolution and responses from the project architect are included as Appendix G. vi) Development Information Meeting: A Development Information Meeting was held at Blue Mountain Elementary on July 6, 2015. Four people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Concern about garbage from the development being deposited on Smith Street by local students.  Concern of traffic noise coming in and out of the development and the location of entrance into the site.  Concern that the pedestrian crossing at 248 Street and Smith Avenue is going to be relocated to the south side of the intersection from the existing north side.  Concern about site improvements and drainage. The following are provided in response to the issues raised by the public:  Site maintenance would be done on a regular basis, and would extend to cover the street.  Noise from traffic and parking lot will be buffered, as well as existing traffic noise will be further reduced by the location of the proposed buildings along the east property line (current development) and north property line (future development). Commercial entrance is proposed off 248 Street, and not Smith Ave.  Having the sidewalk on the north side of the intersection allows it to line up with the sidewalk. One local resident had petitioned the City 20 years ago to have it changed to its current location.  Street upgrades, including sidewalks will be provided on all frontages. Stormwater Management is required for the site, and drainage will be directed south. - 8 - 5) Interdepartmental Implications: Engineering Department: The Engineering Department has determined that upgrades are required for curb and gutter, road widening on all frontages, possible sanitary sewer and water service upgrades, sidewalks on all frontages, existing drainage ditches to be eliminated, and street lighting and street trees required. A Traffic Impact Study has been submitted by Creative Transportation Solutions Ltd. (CTS). The Engineering Department has provided feedback on the report, and is working with the applicant and CTS to determine the feasibility of traffic patterns and access to the development site. 6) School District No. 42 Comments: The School District has noted that the subject properties fall within the Blue Mountain Elementary and Garibaldi Secondary school catchments. For the 2014-15 school year, Blue Mountain Elementary is at 65% utilization. In terms of secondary school enrollment capacity, for the 2014- 2015 school year, the student enrolment at Garibaldi Secondary is at 63% utilization, including 290 out-of-catchment students. Therefore, there is available elementary and secondary school capacity for the proposed development. 7) 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 Local Government Act. The amendment required for this application, the creation of a new Village Commercial category, was discussed as part of the preparation of the Commercial and Industrial Strategy. 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. 8) Citizen Implications: A Development Information Meeting was held on July 6, 2015. The results of the concerns expressed at that meeting are discussed above. The Public Hearing will provide an additional venue for citizens to express their concern or support of the development. - 9 - CONCLUSION: The subject application will permit construction of six commercial units and two rental residential units in two buildings. A new commercial land use type is proposed for the intersection of 248 Street and Dewdney Trunk Road. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. It is recommended that second reading be given to OCP Amending Bylaw No. 7086-2014, that second reading be given to Zone Amending Bylaw No. 7070-2014, and that application 2014-019- RZ be forwarded to Public Hearing. “Original signed by Adam Rieu” _______________________________________________ Co-Prepared by: Adam Rieu Planning Technician “Original signed by Jim Charlebois” _______________________________________________ Co-Prepared by: Jim Charlebois, MURP, RPP, MCIP Manager of Community Planning “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 Frank Quinn” _______________________________________________ Concurrence: Frank Quinn, MBA, P. Eng Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – OCP Amending Bylaw No. 7086-2014 Appendix C – Zone Amending Bylaw No. 7070-2014 Appendix D – Site Plan Appendix E – Building Elevation Plans Appendix F – Landscape Plan Appendix G – Advisory Design Panel Comments and Responses Appendix H – Potential for Community Serving Commercial at 248 and Dewdney Trunk Road, GP Rollo and Associates, August 19, 2013 DATE: Jul 7, 20152014-019-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY DEWDNEY TRUNK ROAD248 St´ Scale: 1:2,500 24815 Dewdney Trunk RdLegend \\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 APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7086-2014 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. 7086-2014. 2.That Chapter 6 Employment Section 6.3.1 policy 6-22 is amended by adding ‘Village Commercial Node’ preceding ‘Rural Commercial’. 3.That Chapter 6 Employment Section 6.3.2 Commercial Designations is amended by adding ‘c) Village Commercial Node’ following b) Community Commercial Node and renumbering the remainder of the list accordingly. 4.That Chapter 6 Employment is amended by adding the following as Section 6.3.6 and renumbering the remainder of the Sections and policies accordingly: ‘6.3.6 Village Commercial Node Issues: Population growth in east Maple Ridge and in existing developed areas may create a need for Village Commercial Nodes outside of the Urban Area Boundary. Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area. Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for village commercial development. APPENDIX B Objective:  To facilitate Village Commercial Nodes at key locations throughout the City to provide a mix of daily convenience shopping and limited community retail opportunities. Policies: 6-30 Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods. 6-31 The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for village commercial development. 6-32 The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres and incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area. 6-33 Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: i. adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; ii. commercial building(s) along the street frontage, within 25 m of the intersection; iii. the ability of the existing infrastructure to support the new development.’ 5. That the following sentence be deleted from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’ 6. That Appendix E (in the OCP) Figure 2 ‘Community Commercial, Village Commercial and Historic Commercial Centres’ is amended by deleting, in its entirety, and replacing it with Map 1 attached hereto and forming part of the Bylaw . 7. Maple Ridge Official Community Plan Bylaw No.7060-2014 as amended is hereby amended accordingly. READ A FIRST TIME the 27th day of May, 2014. READ A SECOND TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED, the day of , 20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER ´JULY 14, 2015 Figure 2.COMMUNITY COMMERCIAL NODES, VILLAGE COMMERCIAL NODES AND HISTORIC COMMERCIAL CENTRESCORPORATION OFTHE DISTRICT OFPLANNING DEPARTMENTCity ofPitt MeadowsDistrict of MissionFras er RiverWhonnockWhonnockCrDEWDNEY TRUNK RD240 ST248 ST252 ST256 ST112 AVE104 AVE124 AVE100 AVE102 AVEGRANT AVE256 ST272 ST276 ST280 ST104 AVE108 AVE96 AVE264 ST112 AVEMCNUTT RD264 ST124 AVE128 AVE128 AVE130 AVEALOUETTE RD132 AVE136 AVE132 AVE216 STABERNETHY WAY232 STCEDAR WAYPARK LANELOUGHEED HWY216 STLakeKanakaCreekN o r t h AlouetteRiverA lo uetteRiver116 AVE277 STBELL AVE268 STFERGUSONAVE116 AVEMARC RD224 STLAITY ST110 AVE144 AVECOMMUNITY COMMERCIAL NODES (SUBJECT TO SECTION 6.3.5)Adopted Feb 11, 2014Bylaw No. 7060-2014MAPLE RIDGE^_^_^_^_^_^_^_^_!(!(!(!(HISTORIC COMMERCIAL CENTRES (SUBJECT TO SECTION 6.3.8) URBAN AREA BOUNDARYNot To Scale")VILLAGE COMMERCIAL NODES (SUBJECT TO SECTION 6.3.6)") CITY OF MAPLE RIDGE BYLAW NO. 7070-2014 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7070-2014." 2.That parcel or tract of land and premises known and described as: Lot 22 Section 23 Township 12 New Westminster District Plan15267 and outlined in heavy black line on Map No. 1614 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to C-2 (Community 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 27th day of May, 2014. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 2478911945 2481312040 12072 12104 248272484924835248651195411916 2490724912249222494424932247502482112082 2480524835238341 2 0 6 7 24852248462488124873248832489511950249402494711953 248082483724840120821195511888 248931197524910249022490924920 2492124930246252479612062 1207524826 24865248362485024884119192486012068 24866119261194 024888248962488811965 2492711960 12061 2494011937 11981 11966 12098 248202482512085 24837248732487711880 24887248982491524860248611194324854 2486324878248771188524916 11970246792471011961 1207124814 248701189424883 2489711895 11955 12069 11929 248152481924848248511 2 0 7 6 2487211931 249072491012073 12079 24926248 ST.119 AV E.249 ST.249A ST.1 2 1 AV E .249A ST.11 9 AV E .249A ST.248 ST.CRAWFORD ST.S M I T H AV E. 2 4 8 A S T.P 2403920 26P 152677 4 *PP1028 29 18 9 2 2 4 13 4 P 530 14 27 46 23 31 LMP 84 27 P 714 05 33 35 19 25 34 18 1 17 6 P 152 67 LMP 12452LMP 1245211 10 13 1 3 30 5 3 P 237 60P 152676 P 179 24 19 P 714 05 P 714055 20 26 27 15 10 5 10 32 9 A 17 6 47 48 22 5 21 17 19 2 9 3 2 3 LMP 84274 P 714 05E 1/2 447 P 7140516 14 2 21 5 P 294 67 1 28 3 LMP 842720 30 24 32 16 P 179 24 17 3 8 LMP 12 452 49 29 10 15 30 3 LMP 27 10 12 12 2 N 12 0' 50 P 152 67 18 17 14 P 1526713 P 714059 P 715 54 11 1 P 152 67 7 P 631 6 4 of 1P 631 6 4 8 18 1 28 12 31 1 33 EP 71406 EP 71406 LMP 12454LMP 12453LM P12453 LMP 2711 EP 71406EP 71406EP 71406EP 71406RW 22043 LM P 8428 EP 73318 D E W D N E Y T R U N K R O A D ´ SCALE 1:2 ,5 00 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) C-2 (Comm unity Commercial) 7070-20141614 APPENDIX D PROJECTSHEET TITLEDRAWN BY:CHECKED BY:SCALE:DATE:REV.DWG. No.DESCRIPTIONREVISIONSDATENo.APPENDIX E PROJECT SHEET TITLEDRAWN BY:CHECKED BY:SCALE:DATE:REV.DWG. No.DESCRIPTIONREVISIONSDATENo. 295.28'298.59'299.05'297.51'297.67'297.01'296.46'295.67'296.26'294.82'295.41'294.39'293.54'294.59'293.34'293.21'293.77'293.04'293.44'293.31'292.91'292.75'293.18'292.65'292.36'291.86'293.34'293.47'293.86'293.11'294.00'295.18'296.46'297.24'294.42'294.98'295.96'296.75'296.65'296.46'297.41'297.57'297.24'297.64'299.38'298.10'294.72'297.67'TOTAL CRU - AREA +/-4,443 SQ. FT.TOTAL BUILDING FLOOR AREAS +/-6,756 SQ. FT.(EXCLUDING MECHANICAL AND ELECTRICALROOM)BUILDING 2MECHANICALROOMELECTRICALROOM150.0'90¡ 00' 34"130.21'140.09'179¡ 52' 18"134¡ 56' 42"90¡ 01' 05"TELUS R.O.W. 5' WIDEWINDOW ABOVECRU - AREA +/-569 SQ. FT.CRU - AREA +/-933 SQ. FT.CRU - AREA +/-1069 SQ. FT.CRU - AREA +/-569 SQ. FT.CRU - AREA +/-1,118 SQ. FT.TOTAL RESTAURANT -AREA +/-1,723 SQ. FT.BUILDING 1130.21'179¡ 52' 18"13.94'134¡ 56' 42"140.15'sidewalk6' HIGHCEDARFENCE3'-6" WIDESIDEWALKTYP.TYP.TYP.297.77'296.26'297.41'298.43'297.41'298.23'297.57'297.18'295.47'296.29'294.78'295.60'295.80'293.64'294.46'294.65'293.21'294.03'294.49'292.85'293.67'294.32'292.75'292.49'292.29'291.99'291.80'291.73'292.81'293.11'293.47'293.27'293.57'294.16'293.67'293.80'294.29'90.7690.3090.6590.9690.6590.9090.7090.5890.0690.3189.8590.1090.1689.5089.7589.8189.3789.6289.7689.2689.5189.7189.2389.1589.0989.0088.9488.9289.2589.3489.4589.3989.4889.6689.5189.5589.70T.O. SLAB ELEV.296.40' [ 90.34m ]T.O. SLAB ELEV.295.00' [ 89.61m ]T.O. SLAB ELEV.296.40' [ 90.34m ]C.B.T.O. RIM293.86'89.57TYP.Entrance OnlyD E W D N E Y T R U N K R O A DUP 21 RUP 21 R90¡ 00' 00"PHASE 2 LOT 23 12040 248TH STREET2 4 8 T H S T R E E T90¡ 00' 00"PHASE 1 ENTRANCE TO BE REVISEDfor Rd per Eng. Req.SMALL CARSMALL CAR3m x 3m crnENTRANCE & EXIT CROSSINGPower PolePHASE 2EXISTING BUILDINGTO BE REMOVED FOR PHASE 2PHASE 2 ENTRANCE EXIT7.5m 45 DEGVISUAL CLEARANCEGATEResidential Parking OnlyResidential Parking Only"NO EXIT"SIGN"RES"SIGN"RES"SIGNTYPICALSTAMP CONCRETETYPICALSTAMP CONCRETETYPICALSTAMP CONCRETETYPICALSTAMP CONCRETESTORE ENTRANCESLOADING BAY10' x 20'GATELANDSCAPE ARCHITECTURE GRAPHIC DESIGN DIGITAL ILLUSTRATIONRORY DAFOEBCSLA CSLALandscape Architect11278 Eltham StreetMaple RidgeBritish ColumbiaCanadaV2X 1P3 rorydafoe@shaw.caOffice & Mobile: (604) 460 0606RORY DAFOEBCSLA CSLALandscape ArchitectLandscape ArchitectDRWG. L.1 of 2REV. 3 - June 17-15REVISIONS:NOTES:DRAWN R.D.CHECKED R.D.DATE:DEC. 15/14THE SOLE TERMS OF THE LANDSCAPEARCHITECTS SCOPE OF WORK ANDPROFESSIONAL RESPONSIBILITIES ARE DEFINEDON THE LANDSCAPE SCHEDULES SUBMITTEDFOR THIS PROJECT.ALL DESIGNS & DRAWINGS (PAPER & DIGITAL COPIES) ARE COPYRIGHT& REMAIN THE PROPERTY OF RORY DAFOE LANDSCAPE ARCHITECT ANDARE NOT TO BE REPRODUCED, REVISED OR COPIED WITHOUT PRIOR CONSENT.NOTES:LANDSCAPE PLANS FORM AN INTEGRAL PART OFTHE DEVELOPMENT AND BUILDING PERMITS ANDMUST BE ADHERED TO FOR RELEASE OF THELANDSCAPING LETTER OF CREDIT.RORY DAFOE LANDSCAPE ARCHITECT ASSUMES NORESPONSIBILITY WHATSOEVER FOR ACCURACY OF BASEINFORMATION SUPPLIED BY OTHERS. BASE INFORMATIONSUPPLIED BY SANFORD DESIGN GROUP AND LO STUDIOARCHITECTURE.PROPOSED DEVELOPMENTGARIBALDI CROSSINGFOR: 981077 B.C. LTD.12040 248 Street, Maple Ridge, B.C.LANDSCAPE PLAN1. May 20/15 Revised per site plan changes RD2. May 27/15 Revised per site plan changes RD3. June 17/15 Revised per design panel comments and site plan changes RDPLANT LIST NOTES:ALL WORK & MATERIALS TO CONFORM TO THE LATEST EDITION OF THE BC LANDSCAPE STANDARD ANDIN ACCORDANCE WITH THE DISTRICT OF CITY OF MAPLE RIDGE STANDARDS, UNLESS OTHERWISE NOTED.PROVIDE FERTILITY & PARTICLE SIZE ANALYSIS TEST FOR GROWING MEDIUM PRIOR TO STARTING WORK.GROWING MEDIUM TO BE WEED FREE AND COMPOSTED, CONFORMING TO BCNTA STANDARD FOR 'LEVEL 2 SOILS'.PROVIDE TOPSOIL DEPTHS AS FOLLOWS:TREES-Min. 2' IN ALL DIRECTIONS FROM ROOT BALLS. Min. 1 m3 PER TREE IN PLANTING BEDS, 2m3/ TREE FOR TREES IN PARKING ISLANDSSHRUB BEDS:18" DEPTH CONTINUOUS.GROUNDCOVERS : 6" DEPTH CONTINUOUS.LAWN AREAS-Min. 6" DEPTH CONTINUOUS.PROVIDE 5CM DEPTH (2") COMPOSTED BARK MULCH IN ALL PLANTING BEDS.ONE YEAR PLANT WARRANTY SITE REVIEW WILL BE CONDUCTEDALL PLANT MATERIAL TO COME FROM A CERTIFIED DISEASE-FREE NURSERY. PROVIDE CERTIFICATION UPON REQUEST.PROVISION OF A LOW FLOW AUTOMATED IRRIGATION SYSTEM IS RECOMMENDED (BY DESIGN/BUILD). SYMBOLQUANTITYBOTANICAL NAMECOMMON NAMESIZESPACING8Prunus serrulata 'Amanogawa'Amanogawa Flowering Cherry6cm cal.,2.0m stnd., B&BOff-site Street Trees- species to satisfaction of Maple Ridge (selected for O/H wires)8Fagus sylvatica 'Dawykii'Dawyk Beech5cm cal., B&B6Magnolia stellataStar Magnolia5cm cal., B&B2Picea omorikaSerbian Spruce2.0m ht, B&BSHRUBS3Arbutus unedoStrawberry Bush#3 Cont.27Azalea 'Hino White'Hino White Azalea#2 Cont.45Prunus l. 'Otto Luyken'Otto Luyken Laurel#2 Cont., 90cm O.C.60Sarcococca hookerana humilisFragrant Sweet Box#2 Cont., 90cm O.C.39Thuja occidentalis 'Smaragd'Smaragd Cedar1.8m ht.0.75m O.C.9Yucca filamentosaAdam's Needle#2 Cont.0.75m O.C.GROUNDCOVERS AND PERENNIALS70Carex comans 'Bronze'Bronze Hair Sedge#1 Cont.0.60m O.C.65Cotoneaster dammeriBearberry Cotoneaster#1 Cont.0.60m O.C.74Erica carnea 'Springwood White'Springwood White Heather#1 Cont.0.60m O.C.93Stipa tenuissimaMexican Feather Grass#1 Cont.0.60m O.C.MIN. 3m UTILITYPOLE OFFSETTREE24X+/-40cm multi-trunkCOTTONWOODTREE1+/-60cm COTTONWOODTREE2+/-25cm MAPLETREE2+/-60cm FIREXISTING FIR TREESPROTECT DURING CONSTRUCTIONEXISTING CEDAR TREESPROTECT DURING CONSTRUCTIONEXISTING TREETO BE REMOVEDEXISTING TREE TO BE REMOVEDEXISTING TREESTO BE REMOVEDPROPOSED 6' HIGH CEDARFENCE ALONG EAST PROP.LINE.- SEE DETAIL ON DRWG. L.2GARBAGE & RECYCLING ENCLOSUREDETAILING TO MATCH BUILDING MATERIALSSEE ARCH'L. DRWGS.PROPOSED STREET TREESLOCATIONS APPROXIMATE-SUBJECT TO ADJUSTMENT TO SUITFINAL OFF-SITE ENGINEERING DESIGN-FINAL SPECIES SELECTION TOSATISFACTION OF CITY OF MAPLE RIDGEPROPOSED 6' HIGH TEMPORARY CEDARFENCE ALONG NORTH EDGEOF NEW PARKING LOTFUTUREDEVELOPMENTSITE2' WIDE GRAVELMAINTENANCE STRIPwith wood edger2' WIDE GRAVELMAINTENANCE STRIPwith wood edger2' WIDE GRAVELMAINTENANCE STRIPwith wood edgerrefer to Engineering drwgs.for pavement structurewithin drive aisleconcrete walkconcrete walkconcrete walkconcrete walkSTAMPED CONCRETE PATIOSTAMPED CONCRETEBUILDING ENTRYBIKE RACK BY CORAMODEL W4508(8 Bike capacity)Color: BlackSEE DRWG. L.2 FOR ILLUSTRATIVE LANDSCAPE ELEVATION VIEW - BUILDING 1SEE DRWG. L.2 FOR ILLUSTRATIVE LANDSCAPEELEVATION VIEW - BUILDING 2STAMPED CONCRETERAISED PEDESTRIAN CROSSINGFinish and color as selected by developerto complement architectural colorssodded lawnSEATING PLAZAWITH 2 BENCHESBENCH COLOR TO COMPLEMENTARCHITECTURAL FINISHESSTAMPED CONCRETERAISED PEDESTRIAN CROSSINGGARBAGE & RECYCLING ENCLOSUREDETAILING TO MATCH BUILDING MATERIALSSEE ARCH'L. DRWGS.COLUMNAR TREES AND STAMPEDCONCRETE PAVING TO ENHANCEPEDESTRIAN ENTRYSTAMPED CONCRETEPEDESTRIAN ENTRYWALKWAYSTAMPED CONCRETEFEATURE PANELSAT BUILDING ENTRIESSTAMPED CONCRETEENTRY WALKWAYSTAMPED CONCRETEPEDESTRIAN ENTRYWALKWAYTRELLIS OR PERGOLA AT OUTDOOR PATIOTO SUIT TENANT'S CORPORATE DESIGNOUTDOORPATIOSTAMPED CONCRETEFEATURE PANELSAT BUILDING ENTRIESAPPENDIX F [1] ADVISORY DESIGN PANEL COMMENTS AND RESPONSES That the following concerns be addressed and digital versions of revised drawings and memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information: Consider a stronger connection between Building 1 and Dewdney Trunk Road . Response: Sidewalk with stamped concrete banding extended to Dewdney Trunk. Consider gating the rear walkway for Building 2. Response: Two 5' cedar gate with lattice at either end but not blocking off mechanical/electrical room. Consider identification marker for pedestrian entry and clearly marking one way entry with signage. Response: Banded sidewalk and additional landscaping for pedestrian entry off 248th. One way entry sign designated on plan. Consider enhancing the pedestrian connection between Building 1 and 248 th with additional architectural / landscape accents and /or structures. Response: Banded sidewalk added out to 248th. Consider a higher level of detail for hard surfaces on all hardscaping and extend to the municipal sidewalk and the corner of Dewdney Trunk and 248 th. Response: All connecting sidewalks with stamp concrete banding. Store fronts with stamped concrete pad at each entry. Increase the cedar hedge height to six feet. Response: Cedar hedge height increased to 6 feet. Consider refining the design by simplifying the architectural expression. Response: Flat canopies over flat roof areas of building only, and sloped canopies over sloped roof areas. Building 2 elevation simplified and symmetrical by redesigning of centre unit storefront. Drive through should be excluded from this application and warrants further consideration for suitability on the impact of the pedestrian experience. Response: Drive thru eliminated. Consider adding landscaping (ie overhead trellis) to add further definition to patio space adjacent to Dewdney Trunk Road. Response: Pergola and low level trellis added. Ultimate design to depend on tenants corporate requirements. Provide an updated rendering to reflect the updated elevations submitted with further details on façade treatments. Response: Rendering updated as required. Endorse the metal roof detailing. Response: Metal roofs will be constructed for both Building 1 and Building 2. APPENDIX G [2]  Provide additional let downs to sidewalks. Response: Let downs provided for as required.  Use the overall building design façade treatment to complement the garbage enclosure. Response: Open black tubular metal truss with metal roof proposed over garbage enclosures as per owners design. Slope roof pitch to match buildi ng 1.  Relocate the loading area to rear parking lot. Response: Loading area relocated to center of rear parking area to allow for ease of maneuvering.  Provide mechanical unit screening. Response: Screening provided by lower center roofs height and building parapet walls. Additional mechanical unit screening to be provided if required.  Consider adding a window to master bedroom in Building 2. Response: Window added to the east side of residential unit doors to roof top patio area.  Consider a stronger statement to provide more emphasis on the entry to the residential units. Response: French glass doors added for each residential unit.  Provide clearly defined resident parking including the use of signs, surface treatment and landscaping. Response: Residential parking designated through signage and paint marking.  Consider further detailing pedestrian crosswalk within parking lot to interconnect Buildings 1 and 2 and ensure future connection to the northern expansion. Response: Interconnection provided for between buildings and newly created interior amenity space.  Consider providing public amenity space at the corner of Dewdney Trunk Road and 248 th. Response: Amenity space will not be provided for in front of Building 1 in orde r to discourage neighbouring students from the high school from congregating in front of the building and littering area with cigarette butts. Amenity space with landscaping and benches has been designed within the interior of the complex between Building 1 and Building 2 along the inter- building sidewalk connections. APPENDIX H - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 2012-013-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Update Report First and Second Reading Official Community Plan Amending Bylaw No.7040-2013 and Second Reading Zone Amending Bylaw No.7041-2013 24152 112 Avenue EXECUTIVE SUMMARY: On February 10, 2015, Council deferred giving second reading to the above-referenced Official Community Plan Amending Bylaw No. 7040-2013 and Zone Amending Bylaw No.7041-2013 until an appropriate meeting in July 2015. The deferral was intended to allow time to receive a Facilities Study from School District 42, along with further information from staff on the potential park purchase. On March 5, 2015, an interim letter was received from School District 42, in response to a request from the City of Maple Ridge for clarification on required school sites in the Silver Valley and Albion neighbourhoods. With respect to Albion, the letter stated the following: “In order to accommodate the estimated elementary school enrollment from the Albion area at build out, the School District will have to expand and develop the 104th school site and acquire one additional site in Albion that would, at a minimum, accommodate a school with a nominal capacity of 550 students. Pending further detailed review, it is anticipated the currently designated site at 108th Avenue and 248th Street would suffice.” Note that the School District Strategic Facilities Plan is intended to be completed in October of 2015. In addition to this interim information provided by School District 42, a report on the Park Land Acquisition Process was provided to Council at a workshop on April 20, 2015. This report outlined the funding and acquisition tools used by the City of Maple Ridge, as governed by the Local Government Act and the Land Titles Act. Based on this interim information, it does not appear that the subject property is intended to be developed as a school site. The recommendations from the second reading report dated January 5, 2015 remain the same, as follows: RECOMMENDATIONS: 1)That Official Community Plan Amending Bylaw No. 7040-2013 be given first and second reading and be forwarded to Public Hearing; 1104 - 2 - 2) That, in accordance with Section 879 of the Local Government Act, opportunity for early and on- going consultation has been provided by way of posting Official Community Plan Amending B ylaw No. 7040-2013 on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 3) That Official Community Plan Amending Bylaw No. 7040-2013 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 4) That it be confirmed that Official Community Plan Amending Bylaw No. 7040-2013 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5) That Zone Amending Bylaw No. 7041-2013, as amended in the Council report dated January 5, 2014, be given 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) Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan and Schedule “C”; iii) Road dedication on 112 Avenue, as required; iv) Park dedication as required, including construction of multi-purpose trails; v) A letter assuring that removal of all debris and garbage from park land has occurred; vi) Registration of a Restrictive Covenant for the geotechnical report which addresses the suitability of the subject property for the proposed development; vii) Registration of a Restrictive Covenant for Stormwater Management; viii) Removal of existing buildings; and ix) In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Don Bowins Owner: 0780659 BC Ltd. Legal Description: Lot 10, Section 10, Township 12, New Westminster District Plan 809, Except Part Subdivided by Plan 43223 and Plan 43601 - 3 - OCP: Existing: Institutional, Conservation Proposed: Low/Medium Density Residential, Conservation, and Park Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-1b (One Family Urban (Medium Density) Residential), with a Density Bonus through the Community Amenity Program, and P-1 (Park and School) Surrounding Uses: North: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Low Density Residential, Low/Medium Density Residential, Medium Density Residential, Conservation South: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Low Density Residential, Conservation East: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Institutional, Low Density Residential, Low/Medium Density Residential, Conservation West: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Medium Density Residential, Neighbourhood Commercial, Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential, Park and Conservation Site Area: 4.46 ha (11 acres) Access: 112 Avenue and a proposed new road Servicing requirement: Urban Standard 2) Project Background: The subject property is located at 24152 112 Avenue (see Appendix A). A summary of the project description and planning analysis are provided in the second reading report, dated January 5, 2015 (see Appendix B). The intent of this report is to provide updated information from School District 42 with respect to school sites in the Albion neighbourhood. On March 5, 2015, an interim letter was received from School District 42 (see Appendix C), in response to a request from the City of Maple Ridge for clarification on required school sites in the Silver Valley and Albion neighbourhoods. With respect to Albion, the letter stated the following: “In order to accommodate the estimated elementary school enrollment from the Albion area at build out, the School District will have to expand and develop the 104th school site and acquire one additional site in Albion that would, at a minimum, accommodate a school with a nominal capacity of 550 students. Pending further detailed review, it is anticipated the currently designated site at 108th Avenue and 248th Street would suffice.” Note that the School District Strategic Facilities Plan is intended to be completed in October of 2015. In addition to School District 42 information, Council had also requested information on Park Land Acquisition. A report on the Park Land Acquisition Process was provided to Council at a workshop on - 4 - April 20, 2015. This report outlined the funding and acquisi tion tools used by the City of Maple Ridge, as governed by the Local Government Act and the Land Titles Act (see Appendix D). In order to purchase the neighbourhood park proposed in this development application, an appraiser retained by the City of Maple Ridge will determine the fair market value for the park land. The Manager of Properties and Risk Management will bring a separate report to Council to consider acquisition of the property for park purposes once a value has been determined and appropriate funding is available. This report will need to be presented to Council and an agreement on the purchase amount of the neighbourhood park will need to be reached prior to giving final reading to the Official Community Plan Amending and Zone Amending Bylaws. Based on this interim information, it does not appear that the subject property is intended to be developed as a school site. Therefore, the recommendations from the second reading report dated January 5, 2015 remain the same. 3) Alternatives: Should Council not be satisfied with the interim information provided by School District 42, Council may choose to defer second reading, pending the outcome of the Facilities Consultation and Strategic Plan, scheduled for October 2015. Alternatively, Council may defeat the amending bylaws. CONCLUSION: It is recommended that first and second reading be given to Official Community Plan Amending Bylaw No. 7040-2013 (see Appendix E), that second reading be given to Zone Amending Bylaw No. 7041-2013 (see Appendix F), as presented in the second reading report, dated January 5, 2015 , and that application 2012-013-RZ be forwarded to Public Hearing. “Original signed by Michelle Baski”__________________ Prepared by: Michelle Baski, AScT, MA Planner 1 “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 Frank Quinn”______________________ Concurrence: Frank Quinn Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Second Reading Report dated January 5, 2015 Appendix C – School District 42 Interim Letter dated March 5, 2015 Appendix D – Park Land Acquisition Process Report dated April 20, 2015 Appendix E – Official Community Plan Amending Bylaw No. 7040-2013 Appendix F – Zone Amending Bylaw No. 7041-2013 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Dec 27, 2013 2012-013-RZ BY: JV CORPORATION OFTHE DISTRICT OFMAPLE RIDGE P LA N NIN G DE P A R T M E N T2413 32406 92417 72422 12427 12418 5241152412 52414 52421 2 11 265 2429 62425 02423 12426 32415 2 11 219 11 2 AV E .243 S T. 11 2 AV E .11 2 AV E . Rem 1 P 17613 P 3452 26 P 68166 2 P 5069629 N 1/2 o f 4 45 18 S 1/2 of 4 P 17613 P 17613 Rem 1 P 809 28 A RP 13033 P 43601 31 P 43223 B 27 P 809 Rem 11 6 Rem 10 30 32 5 S 150' of 1 NWP5589 P 43223 17 1 Subject Property ´ Scale: 1:2,500 24152-112 Ave APPENDIX A CityCityCityCity of Maple Ridgeof Maple Ridgeof Maple Ridgeof Maple Ridge TO:TO:TO:TO: Her Worship Mayor Nicole Read MEETINGMEETINGMEETINGMEETING DATE:DATE:DATE:DATE: January 5, 2015 and Members of Council FILE NO:FILE NO:FILE NO:FILE NO: 2012-013-RZ FROM:FROM:FROM:FROM: Chief Administrative Officer MEETING:MEETING:MEETING:MEETING: C of W SUBJECTSUBJECTSUBJECTSUBJECT: FirstFirstFirstFirst and Second Readingand Second Readingand Second Readingand Second Reading Official Community Plan Amending Official Community Plan Amending Official Community Plan Amending Official Community Plan Amending Bylaw No.Bylaw No.Bylaw No.Bylaw No.7040704070407040----2013201320132013 and and and and Second ReadingSecond ReadingSecond ReadingSecond Reading Zone Amending Bylaw No.Zone Amending Bylaw No.Zone Amending Bylaw No.Zone Amending Bylaw No.7041704170417041----2013201320132013 24152 112 Avenue24152 112 Avenue24152 112 Avenue24152 112 Avenue EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:EXECUTIVE SUMMARY:EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 24152 112 Avenue, from RS-3 (One Family Rural Residential) to RS-1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School) to allow for future subdivision into approximately 25 lots and a neighbourhood park. The applicant intends to choose the Density Bonus option within the RS-1b (One Family Urban (Medium Density) Residential) zone, which is specific to the Albion Area, enabling single-family lot sizes of a minimum of 371 m². The required amenity fee of $3,100.00 for each lot less than 557 m² will be collected by the Approving Officer at the subdivision approval stage. The subject property is currently designated Institutional and Conservation and was intended for a joint school and park site. However, a letter from School District 42 was received on November 10, 2009, indicating that at the time, they were not in a position to purchase the subject property for a school. Comments received from School District 42 on November 5, 2014 state that the information provided in the November 10, 2009 letter has not changed and will not change until after a Facilities Consultation and Strategic Facilities Plan has been completed. This consultation is expected to occur by October 2015. It is our understanding that School District 42 has purchased two lots on 104 Avenue (24137 104 Avenue and the adjacent property to the west) and have noted that these properties are considered the priority school site in Albion. Seigel Creek is located along the length of the western property line, and the setback area for the steep slopes and creek will be dedicated as park for Conservation. In addition, approximately 0.81 hectares (2 acres) of parkland is proposed to be purchased by the City of Maple Ridge (the City) for a Neighbourhood Park, in the northeast portion of the subject property. This application requires an amendment to the Official Community Plan (OCP) to re-designate the land use from Institutional to Low-Medium Density Residential and Park, and to adjust the area designated Conservation around the watercourse and steep slopes. APPENDIX B - 2 - On January 14, 2014 Council gave first reading to Zone Amending Bylaw No. 7041-2013 to rezone the subject property from RS-3 (One Family Rural Residential) to RS-1b (One Family Urban (Medium Density) Residential) and considered the early consultation requirements for the OCP amendment. RECOMMENDATIONS:RECOMMENDATIONS:RECOMMENDATIONS:RECOMMENDATIONS: 1.1.1.1. That Official Community Plan Amending Bylaw No.That Official Community Plan Amending Bylaw No.That Official Community Plan Amending Bylaw No.That Official Community Plan Amending Bylaw No. 7040704070407040----2013201320132013 be given first and second be given first and second be given first and second be given first and second reading and be forwarded to Public Hearing;reading and be forwarded to Public Hearing;reading and be forwarded to Public Hearing;reading and be forwarded to Public Hearing; 2.2.2.2. That, in accordance with Section 879 of the That, in accordance with Section 879 of the That, in accordance with Section 879 of the That, in accordance with Section 879 of the Local Government Act,Local Government Act,Local Government Act,Local Government Act, opportunity for early andopportunity for early andopportunity for early andopportunity for early and onononon----going consultation has been provided by way of posting Official Community Plan Amending going consultation has been provided by way of posting Official Community Plan Amending going consultation has been provided by way of posting Official Community Plan Amending going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. Bylaw No. Bylaw No. Bylaw No. 7040704070407040----2013201320132013 on the municipal website and requiring that the applicant host a on the municipal website and requiring that the applicant host a on the municipal website and requiring that the applicant host a on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to Development Information Meeting (DIM), and Council considers it unnecessary to Development Information Meeting (DIM), and Council considers it unnecessary to Development Information Meeting (DIM), and Council considers it unnecessary to provide any provide any provide any provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw;further consultation opportunities, except by way of holding a Public Hearing on the bylaw;further consultation opportunities, except by way of holding a Public Hearing on the bylaw;further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 3.3.3.3. That Official Community Plan Amending Bylaw No. That Official Community Plan Amending Bylaw No. That Official Community Plan Amending Bylaw No. That Official Community Plan Amending Bylaw No. 7040704070407040----2013201320132013 be considered in conjunction be considered in conjunction be considered in conjunction be considered in conjunction with the Capital Expenditure with the Capital Expenditure with the Capital Expenditure with the Capital Expenditure Plan and Waste Management Plan;Plan and Waste Management Plan;Plan and Waste Management Plan;Plan and Waste Management Plan; 4.4.4.4. That it be confirmed that Official Community Plan Amending Bylaw No. That it be confirmed that Official Community Plan Amending Bylaw No. That it be confirmed that Official Community Plan Amending Bylaw No. That it be confirmed that Official Community Plan Amending Bylaw No. 7040704070407040----2013201320132013 is is is is consistent with the Capital Expenditure Plan and Waste Management Plan;consistent with the Capital Expenditure Plan and Waste Management Plan;consistent with the Capital Expenditure Plan and Waste Management Plan;consistent with the Capital Expenditure Plan and Waste Management Plan; 5.5.5.5. That Zone Amending Bylaw No. That Zone Amending Bylaw No. That Zone Amending Bylaw No. That Zone Amending Bylaw No. 7041704170417041----2013201320132013, as amended in the Council report dated January , as amended in the Council report dated January , as amended in the Council report dated January , as amended in the Council report dated January 5, 2014, 5, 2014, 5, 2014, 5, 2014, be gibe gibe gibe given second reading and be forwarded to Public Hearing;ven second reading and be forwarded to Public Hearing;ven second reading and be forwarded to Public Hearing;ven second reading and be forwarded to Public Hearing; 6.6.6.6. That the following terms and conditionThat the following terms and conditionThat the following terms and conditionThat the following terms and conditions be met prior to final reading:s be met prior to final reading:s be met prior to final reading:s be met prior to final reading: i.i.i.i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined of the deposit of a security, as outlined of the deposit of a security, as outlined of the deposit of a security, as outlined in the Agreement;in the Agreement;in the Agreement;in the Agreement; ii.ii.ii.ii. Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Amendment to Official Community Plan Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: AlPlan, Schedule 1: AlPlan, Schedule 1: AlPlan, Schedule 1: Albion Area Plan and Schedule “C”;bion Area Plan and Schedule “C”;bion Area Plan and Schedule “C”;bion Area Plan and Schedule “C”; iii.iii.iii.iii. Road dedication on Road dedication on Road dedication on Road dedication on 112 Avenue,112 Avenue,112 Avenue,112 Avenue, as required;as required;as required;as required; iv.iv.iv.iv. Park dedication as required, including construction of multiPark dedication as required, including construction of multiPark dedication as required, including construction of multiPark dedication as required, including construction of multi----purpose trails; purpose trails; purpose trails; purpose trails; v.v.v.v. A letter assuring that removal of all debris and garbage from park land has occurred;A letter assuring that removal of all debris and garbage from park land has occurred;A letter assuring that removal of all debris and garbage from park land has occurred;A letter assuring that removal of all debris and garbage from park land has occurred; vi.vi.vi.vi. Registration of a Restrictive Covenant for the geotechnical report which addresses the Registration of a Restrictive Covenant for the geotechnical report which addresses the Registration of a Restrictive Covenant for the geotechnical report which addresses the Registration of a Restrictive Covenant for the geotechnical report which addresses the suisuisuisuitability of the tability of the tability of the tability of the subject propertysubject propertysubject propertysubject property for the proposed development;for the proposed development;for the proposed development;for the proposed development; vii.vii.vii.vii. Registration of a Restrictive Covenant for Registration of a Restrictive Covenant for Registration of a Restrictive Covenant for Registration of a Restrictive Covenant for Stormwater ManagementStormwater ManagementStormwater ManagementStormwater Management;;;; viii.viii.viii.viii. Removal ofRemoval ofRemoval ofRemoval of existing buildingexisting buildingexisting buildingexisting buildings;s;s;s; andandandand - 3 - ix.ix.ix.ix. In addition to the Site Profile, a disclosure statement must be submitted by a In addition to the Site Profile, a disclosure statement must be submitted by a In addition to the Site Profile, a disclosure statement must be submitted by a In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel Professional Engineer advising whether there is any evidence of underground fuel Professional Engineer advising whether there is any evidence of underground fuel Professional Engineer advising whether there is any evidence of underground fuel storage tastorage tastorage tastorage tanks on the subject propertynks on the subject propertynks on the subject propertynks on the subject property. If so, a Stage 1 Site Investigation Report is . If so, a Stage 1 Site Investigation Report is . If so, a Stage 1 Site Investigation Report is . If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site.required to ensure that the subject property is not a contaminated site.required to ensure that the subject property is not a contaminated site.required to ensure that the subject property is not a contaminated site. DISCUSSION:DISCUSSION:DISCUSSION:DISCUSSION: 1)1)1)1) BaBaBaBackground Context:ckground Context:ckground Context:ckground Context: Applicant: Don Bowins Owner: 0780659 BC Ltd. Legal Description: Lot 10, Section 10, Township 12, New Westminster District Plan 809, Except Part Subdivided by Plan 43223 and Plan 43601 OCP: Existing: Institutional, Conservation Proposed: Low/Medium Density Residential, Conservation, and Park Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-1b (One Family Urban (Medium Density) Residential), with a Density Bonus through the Community Amenity Program, and P-1 (Park and School) Surrounding Uses: North: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Low Density Residential, Low/Medium Density Residential, Medium Density Residential, Conservation South: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Low Density Residential, Conservation East: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Institutional, Low Density Residential, Low/Medium Density Residential, Conservation West: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Medium Density Residential, Neighbourhood Commercial, Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential, Park and Conservation Site Area: 4.46 ha (11 acres) Access: 112 Avenue and a proposed new road Servicing requirement: Urban Standard - 4 - 2)2)2)2) Project Description:Project Description:Project Description:Project Description: The subject property is approximately 4.46 ha (11 acres) in size and is bounded by 112 Avenue and single family residential to the north; and single family residential to the east, south, and west (see Appendix A). The subject property has a watercourse and steep slopes located along the western portion of the site, which will be dedicated as park for Conservation. An OCP amendment is required to amend the Institutional designation over the remaining portion of the subject property to Park in the northern central portion of the property, and Low/Medium Density Residential over the remaining eastern half of the property. Access will be provided from 112 Avenue and a new road, extending from 112 Avenue southward to the southern property line, with the potential to serve lands to the south. The applicant intends to rezone the subject property from RS-3 (One Family Rural Residential) to RS- 1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School) to allow for future subdivision into approximately 25 lots and a neighbourhood park. The applicant intends to choose the Density Bonus option within the RS-1b (One Family Urban (Medium Density) Residential) zone, which is specific to the Albion Area, enabling single-family lot sizes of a minimum of 371 m². The required amenity fee of $3,100.00 for each lot less than 557 m² will be collected by the Approving Officer at the subdivision approval stage. 3)3)3)3) Planning Analysis:Planning Analysis:Planning Analysis:Planning Analysis: i.i.i.i. Official Community PlanOfficial Community PlanOfficial Community PlanOfficial Community Plan:::: The subject property is located within the Albion Area Plan and is currently designated Institutional and Conservation. For the proposed development, an OCP amendment will be required to re- designate the eastern half of the property, currently designated Institutional, to Low/Medium Density Residential and Park, and the western half of the property, currently designated Conservation and Institutional to Conservation (see Appendix B). In order to proceed with the change in land use from Institutional to Low/Medium Density Residential, a referral to School District 42 was sent, seeking their comments on whether or not the subject property is within their long-range capital plan. The School District submitted a letter dated November 10, 2009, indicating that at that time they were not in a position to proceed with development of a school. Comments received from School District 42 on November 5 and 25, 2014, state that the information provided in the November 10, 2009 letter has not changed and will not until after a Facilities Consultation and Strategic Plan has been completed. The School Board expects that this work will be completed by October 2015. The School District 42 owns two lots on 104 Avenue (24137 104 Avenue and the adjacent property to the west) and have noted that these properties are considered the priority school site. The application is in compliance with the following Albion Area Plan Community Amenity Program policies: - 5 - 10 - 4 A Density Bonus through the Community Amenity Program will be permitted on lands designated Low Density Residential, Low-Medium Density Residential and Medium Density Residential in the Albion Area Plan. 10 - 5 Where a Density Bonus option is utilized in a single-family subdivision, an Amenity Contribution is to be applied to all of the single-family lots in the subdivision that exceed the base density permitted in the zone. 10 - 7 Maple Ridge Council may consider Density Bonuses as part of the development review process for Albion Area Plan amendment applications seeking a land use designation change that would permit a higher density than currently permitted. 10 - 8 A Density Bonus will only be permitted on those lands that are located entirely within the boundaries of the Albion Area Plan and Urban Area Boundary. The application is also in compliance with the Zone Amending Bylaw No. 6996–2013, that permits a Density Bonus option in the Residential Low/Medium Density designation in the Albion Area Plan. The applicant intends to apply the Density Bonus option to this project, as discussed in the Project Description above. ii.ii.ii.ii. Zoning BylawZoning BylawZoning BylawZoning Bylaw:::: The applicant has requested to rezone the development site from RS-3 (One Family Rural Residential) to P-1 (Park and School) and RS-1b (One Family Urban (Medium Density) Residential) (see Appendix C), with a Density Bonus, in accordance with the Community Amenity Program, which received final reading on October 8, 2013. The Community Amenity Program is detailed in Zone Amending Bylaw No. 6996 – 2013, which will permit the following: For the RS-1b (One Family Urban (Medium Density) Residential) zone, the base density is a net lot area of 557 m2. A Density Bonus is an option in the RS-1b (One Family Urban (Medium Density) Residential) zone and shall be applied as follows: a. An Amenity Contribution of $3,100 per lot will be required in any subdivision containing one or more lots with an area of less than 557 m2, payable when the Approving Officer approves the subdivision. b. The maximum density permitted through the Density Bonus option is: i. minimum net lot area of 371 m2; ii. minimum lot width of 12.0 m; iii. minimum lot depth of 24 m. - 6 - c. Zoning requirements consistent with the R-1 (Residential District) zone will apply and supersede the zoning requirements for the RS-1b (One Family Urban (Medium Density) Residential) zone. The proposed development consists of approximately 25 R-1 (Residential District) zone sized lots (see Appendix D), amounting to an Amenity Contribution of approximately $77,500.00. The final number of lots and amenity contribution will be determined at the time of subdivision approval. iii.iii.iii.iii. PrPrPrProposed Variances:oposed Variances:oposed Variances:oposed Variances: The applicant has requested a variance to increase the maximum allowable height for the future lots from 9 metres to 11 metres. The increase in height is supportable, as it is consistent with the proposed changes to the R-1 (Residential District) zone in the draft Zoning Bylaw. The requested variance will be the subject of a future report to Council. iv.iv.iv.iv. OffOffOffOff----Street Parking and Loading Bylaw:Street Parking and Loading Bylaw:Street Parking and Loading Bylaw:Street Parking and Loading Bylaw: Two parking spaces per dwelling unit are required, as per the Off-Street Parking and Loading Bylaw. v.v.v.v. Development PermitsDevelopment PermitsDevelopment PermitsDevelopment Permits:::: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for: • All areas designated Conservation on Schedule “B” or all areas within 50 metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan; • All lands with an average natural slope of greater than 15 percent; • All floodplain areas and forest lands identified on Natural Features Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. vi.vi.vi.vi. Advisory Design PanelAdvisory Design PanelAdvisory Design PanelAdvisory Design Panel:::: A Form and Character Development Permit is not required because this is a single family residential project, therefore this application does not need to be reviewed by the Advisory Design Panel. - 7 - vii.vii.vii.vii. Development Information MeetingDevelopment Information MeetingDevelopment Information MeetingDevelopment Information Meeting:::: A Development Information Meeting was held at Albion Elementary School on November 25, 2014. Three people attended the meeting. One person was a student wanting information on the process. The other two people attended for information. No comment sheets were submitted. viii.viii.viii.viii. Parkland Requirement:Parkland Requirement:Parkland Requirement:Parkland Requirement: As there are more than two additional lots proposed to be created, the developer will be required to comply with the park dedication requirements of Section 941 of the Local Government Act prior to subdivision approval. For this project, there is sufficient land that is proposed to be dedicated as park for Conservation on the subject property on the west side, and this land will be required to be dedicated as a condition of Final Reading. In addition, approximately 0.81 ha (2 acres) of park land is proposed to be purchased by the City for a Neighbourhood Park, in the northeast portion of the subject property. 4)4)4)4) Environmental Implications:Environmental Implications:Environmental Implications:Environmental Implications: A 30 m setback has been provided from the top of bank of Seigel Creek. A small tributary running east-west near the northern end of the property was initially identified as “indefinite” and it was later determined that there was no watercourse or tributary located in that area. Therefore, no additional setback was required for this tributary. The Environmental Impact Assessment, the Enhancement proposal, the Arborist Report, the Geotechnical Report, and the Stormwater Management plan have been reviewed. The geotechnical consultant is to coordinate their recommendations with the environmental consultant, civil engineer, and arborist to ensure the environmental objectives are achieved. Restoration measures with a cost estimate and security deposit are required, including a five-year maintenance period. 5)5)5)5) Interdepartmental Implications:Interdepartmental Implications:Interdepartmental Implications:Interdepartmental Implications: Engineering Department:Engineering Department:Engineering Department:Engineering Department: The Engineering Department has identified the services required in support of this rezoning application. Comments provided by the Engineering Department include: • Arterial road construction across the 112 Avenue frontage, including road dedication, storm sewer, street lighting, and street trees will be required. • A Rezoning Servicing Agreement and security will be required for these works. - 8 - Parks & Leisure Services Parks & Leisure Services Parks & Leisure Services Parks & Leisure Services Department:Department:Department:Department: Staff from the Parks and Leisure Services Department and the Manager of Property and Risk Management have been in discussion with the applicant to acquire a portion of the subject property for Neighbourhood Park purposes. The applicant has provided a proposed plan of subdivision indicating approximately 0.81 hectares (2 acres) of land for the Neighbourhood Park. This information will be shared with an appraiser retained by the City to determine fair market value for the park land. The Manager of Properties and Risk Management will bring a separate report to Council to consider acquisition of the property for park purposes once a value has been determined and appropriate funding is available. 6)6)6)6) IntergovernmentIntergovernmentIntergovernmentIntergovernmental Issues:al Issues:al Issues:al Issues: Local Government ActLocal Government ActLocal Government ActLocal 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 879 of the Local Government Act. Section 879 of the Local Government Act requires that Council give consideration to whether consultation with one or more of the persons, organizations, and authorities should be early and ongoing. Council must specifically consider whether consultation is required with the authorities listed in item (2) of Section 879 below. “Consultation during OCP development Section 879 (1) During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. (2) For the purposes of subsection (1), the local government must: a. Consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and i. The board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan, ii. The board of any regional district that is adjacent to the area covered by the plan, iii. The council of any municipality that is adjacent to the area covered by the plan, iv. First nations, v. School district boards, greater boards and improvement district boards, and vi. The Provincial and federal governments and their agencies. (3) Consultation under this section is in addition to the public hearing required under section 882(3) (d).” - 9 - In addition to the above, Section 881 of the Local Government Act requires consultation with the School Board during the preparation of an OCP amendment: (1) If a local government has adopted or proposes to adopt or amend an official community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the boards of education for those school districts a. At the time of preparing or amending the community plan, and b. In any event, at least once in each calendar year. 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. School District 42School District 42School District 42School District 42:::: In light of Sections 879 and 881 of the Local Government Act, a referral was sent to School District 42. Comments received from School District 42 on November 5 and 25, 2014, state that the information provided in the November 10, 2009 letter (see Appendix E), has not changed and will not until after a Facilities Consultation and Strategic Plan has been completed. The School Board expects that this work will be completed by October 2015 (see Appendix F). In the Strategic Facilities Review – Phase 1 , dated April 9, 2014, an enrolment growth projection of 141 elementary students for the East Capital Zone was projected. The East Capital Zone encompasses the Albion Area Plan and currently includes six elementary schools: Kanaka Creek Elementary, Albion Elementary, Alexander Robinson Elementary, Whonnock Elementary, Blue Mountain Elementary, and Webster’s Corners Elementary. The Strategic Facilities Review notes the following: “This means the forecasted enrolment growth will need to be accommodated at the other two schools [Blue Mountain Elementary and Webster’s Corners Elementary] or with a new elementary school. The forecasted enrolment at Blue Mountain Elementary is expected to decrease. Currently there are 95 surplus spaces. By 2023, this will increase to 107 spaces. By 2023, although there is forecasted to be some increase in enrolment, Webster’s Corners Elementary is expected to still have 18 surplus spaces. Between these two elementary schools, the total surplus spaces should be 125 students by 2023. A portable classroom could be added on site at either school to accommodate all of the forecasted increase of 141 elementary enrolment until 2023. The school district may also consider requesting Ministry of Education funding for building an additional elementary school, as requested in previous capital plans. This would also provide sufficient space for future enrolment growth beyond 2023.” - 10 - The properties on 104 Avenue, located at 24137 104 Avenue and the adjacent property to the west, are currently owned by the School District. 7)7)7)7) AlternativeAlternativeAlternativeAlternative:::: Council may choose to defer second reading, pending the outcome of the Facilities Consultation and Strategic Plan, scheduled for October 2015. CONCLUSION:CONCLUSION:CONCLUSION:CONCLUSION: It is recommended that first and second reading be given to OCP Amending Bylaw No. 7040-2013, that second reading be given to Zone Amending Bylaw No. 7041-2013, and that application 2012- 013-RZ be forwarded to Public Hearing. “Original signed by Michelle Baski” _______________________________________________ Prepared byPrepared byPrepared byPrepared by: : : : Michelle Baski, AScTMichelle Baski, AScTMichelle Baski, AScTMichelle Baski, AScT Planning TechnicianPlanning TechnicianPlanning TechnicianPlanning Technician "Original signed by Christine Carter" _______________________________________________ Approved by:Approved by:Approved by:Approved by: Christine Carter, M.PL, MCIP, RPPChristine Carter, M.PL, MCIP, RPPChristine Carter, M.PL, MCIP, RPPChristine Carter, M.PL, MCIP, RPP Director of PlanningDirector of PlanningDirector of PlanningDirector of Planning "Original signed by Frank Quinn" ____________________________________________________________________________________________________________________________________________________________________________________________ Approved by:Approved by:Approved by:Approved by: Frank Quinn, MBA, P.EngFrank Quinn, MBA, P.EngFrank Quinn, MBA, P.EngFrank Quinn, MBA, P.Eng.... GM: Public Works & Development ServicesGM: Public Works & Development ServicesGM: Public Works & Development ServicesGM: Public Works & Development Services "Original signed by Frank Quinn" ____________________________________________________________________________________________________________________________________________________________________________________________ Concurrence:Concurrence:Concurrence:Concurrence: J. L. (Jim) RuleJ. L. (Jim) RuleJ. L. (Jim) RuleJ. L. (Jim) Rule Chief Administrative OfficerChief Administrative OfficerChief Administrative OfficerChief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – OCP Amending Bylaw No. 7040-2013 Appendix C – Zone Amending Bylaw No. 7041-2013 Appendix D – Subdivision Plan Appendix E – School District 42 letter dated November 10, 2009 Appendix F – School District 42 email dated November 5 and 25, 2014 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Dec 27, 2013 2012-013-RZ BY: JV CORPORATION OFTHE DISTRICT OFMAPLE RIDGE P LA N NIN G DE P A R T M E N T2413 32406 92417 72422 12427 12418 5241152412 52414 52421 2 11 265 2429 62425 02423 12426 32415 2 11 219 11 2 AV E .243 S T. 11 2 AV E .11 2 AV E . Rem 1 P 17613 P 3452 26 P 68166 2 P 5069629 N 1/2 o f 4 45 18 S 1/2 of 4 P 17613 P 17613 Rem 1 P 809 28 A RP 13033 P 43601 31 P 43223 B 27 P 809 Rem 11 6 Rem 10 30 32 5 S 150' of 1 NWP5589 P 43223 17 1 Subject Property ´ Scale: 1:2,500 24152-112 Ave CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 7040-2013 A Bylaw to amend the Official Community Plan ______________________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "A" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7040-2013." 2.Schedule "A", Section 10.2, Albion Area Plan “Schedule 1” is hereby amended for those parcels or tracts of land and premises known and described as: Lot 10 Section 10 Township 12 New Westminster District Plan 809 Except Part Subdivided By Plan 43223 and Plan 43601 and outlined in heavy black line on Map No.871, a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Low/Medium Density Residential, Conservation, and Park. 3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot 10 Section 10 Township 12 New Westminster District Plan 809 Except Part Subdivided By Plan 43223 and Plan 43601 and outlined in heavy black line on Map No. 872, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A SECOND TIME the day of , 20 . READ A THIRD TIME the day of , 20 . RECONSIDERED AND ADOPTED the day of , 20 . _____________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER 242502429611219 241522417724212241332426311265 112 AVE.112 AVE.243 ST.112 AVE. 28 P 43223 B P 17613 RP 13033 P 809 Rem 11 P 17613 6 26 Rem 10 29 45 32 A 30 P 43601 1P 3452 Rem 1 31 N 1 / 2 o f 4 Rem 1 NWP5589 P 809 18 P 17613 P 43223 S 150' of 1 27 P 68166 ´ Bylaw No. Map No. From: To: Institutional and Low Density Residential Low/Medium Density ResidentialConservation Park 7040-2013871 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING 242502429611219 241522417724212241332426311265 112 AV E .112 AV E .243 ST.112 AV E . 28 P 432 23 B P 176 13 RP 130 33 P 809 Rem 11 P 176 13 6 26 Rem 1 0 29 45 32 A 30 P 436 01 1P 345 2 Rem 1 31 N 1/2 of 4 Rem 1 NWP5 589 P 809 18 P 176 13 P 432 23 S 15 0' of 1 27 P 681 66 ´ Bylaw No. Map No. Purpose:To Add To Conservation on Schedule C 7040-2013872 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 7041-2013 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7041-2013." 2.That parcel or tract of land and premises known and described as: Lot 10 Section 10 Township 12 New Westminster District Plan 809 Except Part Subdivided By Plan 43223 and Plan 43601 and outlined in heavy black line on Map No. 1600 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 14th day of January, 2014. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 242502429611219 241522417724212241332426311265 112 AVE.112 AVE.243 ST.112 AVE. 28 P 43223 B P 17613 RP 13033 P 809 Rem 11 P 17613 6 26 Rem 10 29 45 32 A 30 P 43601 1P 3452 Rem 1 31 N 1 / 2 o f 4 Rem 1 NWP5589 P 809 18 P 17613 P 43223 S 150' of 1 27 P 68166 ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) RS-1b (One Family Urban (Medium Density) Residential)P-1 (Park and School) 7041-20131600 1 Michelle Baski From:Karen Yoxall <Karen_Yoxall@sd42.ca> Sent:Tuesday, November 25, 2014 1:30 PM To:Michelle Baski Cc:Flavia Coughlan Subject:RE: 2012-013-RZ Hi Michelle, The Board is expecting that the facilities consultation and the strategic facilities plan will be completed by October 2015. Thank you. Regards. Karen Yoxall Executive Assistant to the Secretary Treasurer and Board of Education Freedom of Information Officer School District No. 42 (Maple Ridge-Pitt Meadows) 22225 Brown Avenue Maple Ridge, BC V2X 8N6 Direct: (604) 466-6232 From: Michelle Baski [mailto:mbaski@mapleridge.ca] Sent: November-25-14 12:48 PM To: Karen Yoxall Subject: FW: 2012-013-RZ Hi Karen, Just following up on my question below. Is there a proposed timeline for the Facilities Review? Thanks, Michelle From: Michelle Baski Sent: Wednesday, November 05, 2014 12:12 PM To: 'Karen Yoxall' Subject: RE: 2012-013-RZ Hi Karen, One more question, do you have an idea of when the Facilities Review will be occurring? Thanks, Michelle From: Karen Yoxall [mailto:Karen_Yoxall@sd42.ca] Sent: Wednesday, November 05, 2014 10:39 AM To: Michelle Baski Cc: Flavia Coughlan Subject: Re: 2012-013-RZ 2 Hi Michelle, Further to our conversation this morning and in response to your letter dated January 20, 2014 re: File #2012-013-RZ, please note that there is no change to the information contained in the letter dated November 10, 2009 from the Board of Education, until after the completion of the Facilities Review. Thank you. Regards. Karen Yoxall Executive Assistant to the Secretary Treasurer and Board of Education Freedom of Information Officer School District No. 42 (Maple Ridge-Pitt Meadows) 22225 Brown Avenue Maple Ridge, BC V2X 8N6 Direct: (604) 466-6232 APPENDIX C 1 | P a g e City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: April 20, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Park Land Acquisition Process EXECUTIVE SUMMARY: The purpose of this report is to provide Council with an overview of the City’s approach to park land acquisitions. Within Maple Ridge, the expectation should be that parks will become more important than ever before in overcoming the many challenges the growing City will face in the coming decades. The variety of park uses (and users) allows Maple Ridge’s parks to serve a broad range of individual, social, cultural, economic and environmental needs, and to respond with flexibility to changing demographic needs and community priorities. Park land is strategically identified and acquired in Maple Ridge for a variety of uses. As with most municipalities, planning for the total requisite amount of future park land is typically addressed within the City’s Official Community Plan (OCP) with specific park sites articulated within the individual area plans. Municipal funding and acquisition tools for new park land are primarily granted by the Provincial Local Government Act and the Land Titles Act. Depending on the circumstance, the City can make use of one or more of these tools to acquire land for the various park uses/classifications that make up Maple Ridge’s park land inventory. The funding and acquisition tools largely used by Maple Ridge are defined by the following four categories: Park Land Development Cost Charges (DCC’s) Park Land 5% Dedication or Cash-in-Lieu Designated Conservation Areas and Open Space Designations Park Land Donations/Gifting As the majority of Maple Ridge’s park land funding comes from DCC’s, it is incumbent on the City to maintain its DCC rates at levels reflective of increases in local real estate prices. This will ensure that the requisite funds will always be in place when a particular park site becomes available for acquisition. RECOMMENDATION(S): That Council receives this report for information purposes only. APPENDIX D 2 | P a g e DISCUSSION: a) Background Context: Parks and public places are critical components of Maple Ridge’s identity, attractiveness and municipal infrastructure system. As the City continues to grow and urban land use intensifies, parks will become more important than ever before in overcoming the many challenges the City will face in the coming decades. Parks help the community achieve sustainable development patterns, enhance the City’s competiveness and on-going prosperity, aid in community well-being and are a significant factor in place-making and Maple Ridge’s urban identity. Parks give people a place to play and relax, they clean the air and water, help keep people healthy, provide habitat for wildlife and increase the opportunities for learning and environmental stewardship. Parks provide a broad range of benefits to citizens and represent a high return on public investment. Park land is strategically identified and acquired in Maple Ridge for a variety of uses. The variety of park uses (and users) allows Maple Ridge’s parks to serve a broad range of individual, social, cultural, economic and environmental needs, and to respond with flexibility to changing demographic needs and community priorities. A heathy diversity of park uses assists in municipal decision-making, park asset management and the delivery of recreation services. These specific uses can range from neighbourhood parks to recreation parks to community parks or even urban-styled plazas. As with most municipalities, planning for the total requisite amount of future park land is typically addressed within the City’s Official Community Plan (OCP), using population growth projections, and pre-determined park land service standards (i.e. area of park land needed per 1,000 new residents, walking distances relative to a neighbourhood park or similar standard). Current standards give direction as to the location, size and configuration of the land to be purchased or acquired through park land dedication, as well as other planning, servicing and design elements. Planning and development application processes such as rezoning, development permit and subdivision applications provide key opportunities to implement these standards. Parks play important roles in building and sustaining a high quality of life for Maple Ridge residents. Parks have been shown to: • contribute to physical and psychological health; • build civic pride and strengthen residents’ identification with local culture and heritage; • support local prosperity, encourage tourism and generate associated economic benefits; • promote active transportation opportunities; • enhance a city’s natural beauty; and • support a city’s system of green infrastructure. As such, decisions about where, what, and how much land to acquire for parks will have a direct impact on how effective a city’s investment in parks can be in fulfilling these important roles. Municipal funding and acquisition tools for new parkland are primarily granted by the Provincial Local Government Act and the Land Titles Act. Depending on the circumstance, the City can make use of one or more of the tools contained within the legislation to acquire land for the various park uses/classifications that make up Maple Ridge’s park land inventory. The funding and acquisition tools largely used by Maple Ridge are defined by the following four categories: 3 | P a g e Parkland Development Cost Charges (DCCs) The main funding tool that is used by the City of Maple Ridge for park acquisition is the authority to require property developers to pay park land Development Cost Charges (DCCs) as land is approved for residential development. The City has established a DCC Bylaw (Bylaw No. 6462- 2007) and pools the park land DCC revenue to fund the cost of acquiring parks to serve the needs of new residential areas. The primary challenge with this particular tool is that if DCC rates are not kept in alignment with increasing property values, a deficit situation may occur resulting in an insufficient pool of funds to acquire a specific, targeted property. On occasion however, if a park land acquisition has a broader use (i.e. beyond an immediate neighbourhood), minimum funds can be augmented with an assist factor from the City’s general tax revenue. DCC rates should be reviewed and adjusted at regular intervals to ensure they are remaining in alignment with prevailing increases in real estate market values. This can be especially difficult when market prices are appreciating significantly in short periods of time. Note that any changes to the City’s DCC Bylaw require approval by the Province. Park Land 5% Dedication or Cash-in-Lieu Acquisitions: “Non-DCC Parkland” Maple Ridge is authorized through subdivision applications to require developers to dedicate 5% of the subject land (or an equivalent value as cash-in-lieu) for park purposes. This acquisition tool is used to complement other park acquisition tools. When calculating the value of a 5% cash-in- lieu payment, an independent appraisal of the proposed subdivision or development site is undertaken - this ultimately produces the 5% dollar-equivalent figure. Note that these funds are only used to acquire park land for environmentally sensitive areas such as properties adjacent to watercourses or lakes or other environmentally sensitive lands. Designated Conservation Areas and Open Space Designations Depending on the individual perspective, Maple Ridge is either blessed or cursed with a diversity of topography and geography, with steep slopes and myriad watercourses often resulting in undevelopable sections of private property. It is not uncommon for large private parcels of land to be encumbered with designated conservations areas that encompass in excess of 50% of the entire property mass. These designated conservation areas are typically undevelopable and characterized by steep slopes, watercourse areas and/or other geotechnical challenges. They are typically left undeveloped as designated green space at the time of development. When the City acquires an undevelopable, designated conservation area through a rezoning process, no compensation is paid to the property owner. The conservation area is simply severed from the original property and dedicated as Park to the City. An area for future consideration for Staff and Council is related to the funding for ‘Open Space’ as this OCP designation is not specifically funded by DCC’s. ‘Open Space’ is a designation only identified in the Silver Valley Area Plan and typically constitutes otherwise developable land, which is earmarked for preservation due to visual significance, neighbourhood connectivity or horse trail use. Although Open Space is typically small in size, no formal funding mechanism is in place to acquire it. While the City has been gifted designated Open Spaces by developers and private property owners in the past, if the designated Open Space is deemed developable, it would suggest that compensation could be paid to the property owner at the time of acquisition. This is an issue currently under evaluation by the City’s Planning, Parks and Facilities and Finance departments. Park Land Donations/Gifting On occasion, park land is donated to the City by private landowners, and in some case through land conservancies. The City will always look to encourage land development applicants to donate these lands as well as land encompassing other environmentally significant areas. In 4 | P a g e urban areas of the City, land donations could be further encouraged to help support creation of smaller pocket parks and/or urban squares or plazas. Parts of the proposed Raymond Park and a part of the Maple Ridge Cemetery were gifted to the City. b) Desired Outcome(s): As noted, parks play important roles in building and sustaining a high quality of life for Maple Ridge’s residents, a core desired outcome for the community as a whole. Strategic planning, appropriate funding mechanisms and timely acquisitions of park land contribute strongly to this high quality of life. c) Strategic Alignment The City’s vision statement states a desire to be “among the most sustainable communities in the world” and notes “an ongoing commitment to environmental stewardship and creation of stable and special neighbourhoods”. As noted, the City’s parks along with its vast network of trails help the community achieve sustainable development patterns, enhance its competiveness and on-going prosperity, aid in community well-being and are a significant factor in Maple Ridge’s place-making efforts and urban identity. These all contribute to the City’s ‘special neighbourhoods’. As such, it is incumbent on the City to continue to strategically manage its park acquisition plans and funding models to ensure that these resources (the parks) continue to be developed in order to support the City’s long term vision. d) Citizen/Customer Implications: Continued residential development in the City is a given with Metro Vancouver forecasting Maple Ridge’s population at build-out to exceed 130,000 residents. As such, appropriate park land acquisition planning and funding models are necessary to ensure the delivery of the neighbourhood, recreational, and community parks that the community will require in the future. e) Interdepartmental Implications: The acquisition of new park land requires the ongoing cooperation between the Planning, Parks and Facilities, Recreation, Property & Risk Management, Engineering, Finance as well as other departments, as all have a role to play in regards to the acquisition and eventual park development processes. f) Business Plan/Financial Implications: If DCC rates are maintained at levels reflective of increases in local real estate prices, there is a negligible impact on City’s financial planning as acquisition becomes essentially a ‘zero-sum game’. If the DCC rates are appropriately calculated, targeted parks within the OCP and various Area Plans are acquired as needed with the requisite funding already in place. This of course assumes that development levels are at such point that they provide the necessary funds for the timely acquisitions of parks. g) Alternatives: While Maple Ridge has limited authority under the Local Government Act to impose new policy alternatives, most municipalities continue to work closely with developers to encourage greater voluntary contributions of park land as a means of enhancing the appeal of their respective developments. As well, most municipalities are continuing to closely monitor their DCC rates to ensure that they are in alignment with steadily increasing real estate prices. As such, any alternatives to the Local Government Act provisions would require adjustments to the City’s capital budgeting policy and program. For example, if the City were to take a more aggressive approach to funding its future parks, it could potentially explore a program similar to its Infrastructure Funding Strategy, whereby a percentage of new tax revenue is allocated annually 5 | P a g e to separate capital account for long term infrastructure sustainability. The focus of the new program could be on park and designated Open Space acquisitions. CONCLUSIONS: As noted, Maple Ridge’s vast array of parks give its residents a place to play and relax, they clean the air and water, help keep people healthy, provide habitat for wildlife and increase the opportunities for learning and environmental stewardship. Ensuring that the funding mechanisms and models that are in place are both appropriate and sufficient to ensure ongoing acquisitions is paramount as the community develops into a major suburban centre. “Original signed by Darrell Denton” _______________________________________________ Prepared by: Darrell Denton Property & Risk Manager “Original signed by Bruce McLeod” Prepared by: Bruce McLeod Manager Parks Planning & Development “Original signed by Paul Gill” _______________________________________________ Approved by: Paul Gill, BBA, CGA General Manager: Corporate & Financial Services “Original signed by J.L. (Jim) Rule” ___________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer CITY OF MAPLE RIDGE BYLAW NO. 7040-2013 A Bylaw to amend the Official Community Plan ______________________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "A" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7040-2013." 2.Schedule "A", Section 10.2, Albion Area Plan “Schedule 1” is hereby amended for those parcels or tracts of land and premises known and described as: Lot 10 Section 10 Township 12 New Westminster District Plan 809 Except Part Subdivided By Plan 43223 and Plan 43601 and outlined in heavy black line on Map No.871, a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Low/Medium Density Residential, Conservation, and Park. 3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot 10 Section 10 Township 12 New Westminster District Plan 809 Except Part Subdivided By Plan 43223 and Plan 43601 and outlined in heavy black line on Map No. 872, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A SECOND TIME the day of , 20 . APPENDIX E READ A THIRD TIME the day of , 20 . RECONSIDERED AND ADOPTED the day of , 20 . _____________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER 242502429611219 241522417724212241332426311265 112 AV E .112 AV E .243 ST.112 AV E . 28 P 432 23 B P 176 13 RP 130 33 P 809 Rem 11 P 176 13 6 26 Rem 1 0 29 45 32 A 30 P 436 01 1P 345 2 Rem 1 31 N 1/2 of 4 Rem 1 NWP5 589 P 809 18 P 176 13 P 432 23 S 15 0' of 1 27 P 681 66 ´ Bylaw No. Map No. From: To: Institutional and Low Density Residential Low/Medium Density ResidentialConservation Park 7040-2013871 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING 242502429611219 241522417724212241332426311265 112 AV E .112 AV E .243 ST.112 AV E . 28 P 432 23 B P 176 13 RP 130 33 P 809 Rem 11 P 176 13 6 26 Rem 1 0 29 45 32 A 30 P 436 01 1P 345 2 Rem 1 31 N 1/2 of 4 Rem 1 NWP5 589 P 809 18 P 176 13 P 432 23 S 15 0' of 1 27 P 681 66 ´ Bylaw No. Map No. Purpose:To Add To Conservation on Schedule C 7040-2013872 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING CITY OF MAPLE RIDGE BYLAW NO. 7041-2013 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7041-2013." 2.That parcel or tract of land and premises known and described as: Lot 10 Section 10 Township 12 New Westminster District Plan 809 Except Part Subdivided By Plan 43223 and Plan 43601 and outlined in heavy black line on Map No. 1600 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 14th day of January, 2014. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX F 242502429611219 241522417724212241332426311265 112 AV E .112 AV E .243 ST.112 AV E . 28 P 432 23 B P 176 13 RP 130 33 P 809 Rem 11 P 176 13 6 26 Rem 1 0 29 45 32 A 30 P 436 01 1P 345 2 Rem 1 31 N 1/2 of 4 Rem 1 NWP5 589 P 809 18 P 176 13 P 432 23 S 15 0' of 1 27 P 681 66 ´ SCALE 1:2 ,5 00 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) RS-1b (One Family U rban (Medium Den sity) Residential)P-1 (Park and School) 7041-20131600 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 2015-194-DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Development Permit 11850 224 Street EXECUTIVE SUMMARY: A Town Centre Development Permit application has been received for the subject property, located at 11850 224 Street (see Appendix A), to permit façade modifications on the western portion of the Haney Place Mall. These alterations are a result of a tenant change from Target to Walmart. The applicant has indicated that Walmart Canada is working towards a store opening in late 2015 or early 2016. Given the timing of the Development Permit application with the summer Council meeting break and the scope of work required before opening, Council consideration of this development permit will allow the applicant to move forward to the construction phase in a timely manner. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal application 2015-194-DP respecting property located at 11850 224 Street. DISCUSSION: a)Background Context: Applicant: Stantec Consulting Ltd. Owner: Narland Properties (Haney) Ltd. Legal Description: Parcel “127”, District Lots 398 & 401, Group 1, NWD Explanatory Plan 65997 OCP: Existing: Commercial Zoning: Existing: C-3 (Town Centre Commercial) Surrounding Uses: North: Use: Civic Zone: C-3 (Town Centre Commercial), P-1 (Park and School) Designation: Commercial, Institutional, Park 1105 - 2 - South: Use: Commercial Zone: C-3 (Town Centre Commercial), CD-2-95 Designation: Town Centre Commercial East: Use: Vacant, Commercial, Multi-Family (under construction) Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial West: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial Existing Use of Property: Commercial Proposed Use of Property: Commercial Access: 224 Street, Selkirk Avenue Servicing: Urban Previous Applications: 2014-066-DP, 2012-044-DP, 2012-044-DVP b) Project Description: Walmart Canada Corporation is replacing Target as an anchor tenant in the Haney Place Mall. The scope of work includes the following:  Changing existing red and beige façade panels and architectural elements to blue and white;  Removal of bullseye signage and addition of Walmart logo and signage on west and south façade;  Changes to asphalt painting from white to yellow in front of main entrance;  Removal of red Target bollards;  Changes to reserved parking area signage;  Change from asphalt to concrete in loading bay; and  Installation of a sanitary grease interceptor. As there are only façade changes involved in this project, the form and character is guided by the current shopping mall design and building materials. The applicant proposes to maintain the existing form and character of the building. The required changes are to reflect Walmart’s corporate brand and operational needs. c) Planning Analysis: Official Community Plan: In accordance with the Official Community Plan Section 8.11 a Town Centre Civic Core Development Permit is required for this proposal and is subject to the following Key Guideline concepts of The Town Centre Civic Core Development Permit Guidelines: - 3 - 1. Promote the Civic Core as the “heart” of the Town Centre 2. Create a pedestrian-oriented, boutique style shopping district 3. Reference traditional architectural styles 4. Capitalize on important views 5. Enhance existing and cultural activities and public open space 6. Provide climate appropriate landscaping and green features 7. Maintain street interconnectivity It is important to note that these Development Permit Guidelines refer to new developments. As this development application is for façade modifications rather than for new construction, the guidelines for architectural style, viewscapes, open space, landscaping, and street interconnectivity are not altered. Additionally, because the existing space will remain a large format retail space, the boutique style shopping district guideline does not apply. Staff have reviewed the proposed changes and conclude that the changes do not negatively impact the current reflection of the key development guidelines. The new tenant will attract business into the civic core, and help promot e activity within the downtown. Zoning Bylaw: The subject property is zoned C-3 (Town Centre Commercial). The proposed façade changes are in compliance with the existing zone, and no changes to building siting or height are included with this application. The C-3 (Town Centre Commercial) zone requires a minimum height of 3 storeys. A Development Variance Permit was previously approved to maintain the existing two storey building height under application 2012-044-DVP. d) Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed façade and site changes at a meeting held July 14, 2015. The Advisory Design Panel made the following resolution: That the application be supported and the following concerns be addressed as the design develops and be submitted to Planning staff for follow-up: 1. Consider alternate texture transition for the pedestrian zone in front of main entry in lieu of speed bumps. Should speed bumps be retained consider alternative texture at east west drive aisles entering onto pedestrian crossing. 2. Consider vertically aligning the pharmacy signage with main Walmart sign. 3. Consider installing landscaping islands were previous cart corals were located. 4. Review and supplement all landscape areas with new plant material for full coverage in all existing landscape areas. 5. Consider weather protection over west exit doors. - 4 - The applicant’s response to the Advisory Design Panel comments and revised drawings will be attached to the development permit to be considered at the July 28, 2015 Council meeting. CONCLUSION: This development application is for façade modification to reflect a change in tenants from Target to Walmart at the Haney Place Mall. It is recommended that the Corporate Officer be authorized to sign and seal 2015-194-DP respecting property located at 11850 224 Street. “Original signed by Amelia Bowden” _______________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Christine Carter” _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn, MBA, P. Eng Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Site Plan Appendix C – Building Elevations DATE: Jul 2, 20152015-194-DP BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:4,000 11850 224 St Legend \\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 APPENDIX A SITESELKIRK AVELOUGHEED HWY224 ST226 STDEWDNEY TRUNK RD119 AVEHANEY PLMCINTOSH AVE 227 STHANEY PLAPPENDIX B APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 2015-173-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 13100 238 Street EXECUTIVE SUMMARY: Development Variance Permit application 2015-173-DVP has been received to vary the front yard setback for the single family home proposed at 13100 238 Avenue. The requested variance is to: 1.Reduce the front yard setback from 7.5 metres to 6 metres for the garage, and 5.4 metres for building eaves. The lot is negatively impacted by natural rock outcrops which limit the building envelope. The applicant wishes to limit blasting of the rock and thus needs to place the new home further south on the lot. This will require a relaxation to the front yard setback. As the house will be located at the end of a road without immediate neighbours, the relaxation should not negatively affect others. Therefore, it is recommended that Development Variance Permit 2015-173-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-173-DVP respecting the property located at 13100 238 Street. DISCUSSION: a)Background Context Applicant: Joel Lycan Current owner: Kris and Janet Rutledge Legal Description: Lot 1, Section 28, Township 12, NWD Plan EPP34654 OCP : Low Density Residential Zoning: RS-1 (One Family Urban Residential) Surrounding Uses: North: Use: Park Zone: RS-2 (One Family Suburban Residential) Designation Conservation 1106 - 2 - South: Use: Rural Residential and 238 Street Zone: RS-2 (One Family Suburban Residential) Designation: Low Density Residential East: Use: Vacant Zone: RS-2 (One Family Suburban Residential) Designation: Conservation and Open Space West: Use: Park Zone: RS-2 (One Family Suburban Residential) Designation: Conservation Existing Use of Property: Vacant Proposed Use of Property: Single Family Residential Site Area: 892 m2 (9601 sq.ft.) Access: 238 Street Servicing: Urban Standard Previous Applications: 2014-004-SD, RZ/039/10 b) Project Description: Development Variance Permit application 2015-173-DVP has been received to seek approval to vary the front yard setback for the single family home proposed at 13100 238 Avenue (see Appendix A). The requested variance is to reduce the minimum setback from the front property line from 7.5 metres to 6 metres to the wall of the garage, while the eaves on the garage will encroach another 2 ft. (0.6 metres) to 5.4 metres to the furthest projection of the building. c) Variance 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. The requested variances and rationale for support are described below (see Appendices B and C): Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 601, C. (3) (c) (i): To reduce the setback from the front lot line, from 7.5 metres to 6 metres for the wall of the garage, and to 5.4 metres for the furthest projection of the building (eaves). The property was part of the subdivision application 2014-004-SD. The property is fairly sloped and has rocks on site. A restrictive GeoTech report was covenanted on Title. There is also an access easement registered to allow access off of 238 Street. The majority of the proposed home is sited to respect this easement on the southeast corner of the property and work with the slopes and rocks. Due to the existing easement and bedrock outcrops on both the lot and the municipal road right -of- way the proposed 2 car garage –as part of the proposed new single family home- has been designed to be ‘side-loaded’ from the east to the west. Without the benefit of a variance, the property owner would need to re-contour the rocks by removing a portion of the existing bedrock face to accommodate the proposed 2 car garage. The owner’s rationale for this application is that he does not want to have to blast the current rock contour in order to be able to realize a 2-car garage. - 3 - The Official Community Plan defines Silver Valley as being characterized by complex, rolling bedrock topography. As a development principle, the existing topography needs to be respected and erosion to be minimized. The restrictive GeoTech covenant will result in signed and sealed approval of the drawings for the proposed dwelling, by the engineer of record, as part of the application for a Building Permit. d) Customer Implications: The owner sought approval for this same variance from the Board of Variance. On June 2, 2015, the Board did not support the variance request. Therefore the applicant is now seeking Council’s approval. In accordance with the Development Procedures Bylaw No. 5879-1999, notice of the variance request will be mailed to all owners or occupants of all nearby parcels. CONCLUSION: The proposed variance 2015-173-DVP is supported and should not negatively affect any neighbours. The variance will also avoid the re-design of the planned house for the lot. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2015-173-DVP. “Original signed by Therese Melser” _______________________________________________ Prepared by: Therese Melser Planning Technician “Original signed by Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Requested variances Appendix C - Rationale DATE: Jun 17, 2015FILE: 2015-173-VP BY: PC PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:1,500 13100 238 STREETLegend \\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 DATE: July 20, 2015 and Members of Council FILE NO: 2012-087-SP FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Soil Deposit Permit amendment for 25788 98 Ave (2012-087-SP) EXECUTIVE SUMMARY : A request to amend the previously approved Soil Deposit Permit (2012-087-SP) for 25788 98 Avenue has been submitted to the City of Maple Ridge. The request is for the deposit of an additional 14,000 cubic metres (m3) of soil material (approximately 2000 loads) to complete the project in addition to the original deposit estimate of 32,000 m3. The Professional Agrologist (Soils Specialist) and Environmental Consultant of record (Statlu Environmental) has submitted a report that states that between 7,000 m3 and 14,000 m3 is needed to complete the project and the recommendation by the consultant in their report is for the deposit of 14,000 m3. The initial Soil Deposit Permit application was processed under the requirements of the Agricultural Land Commission (ALC) which required Council’s comments and recommendations concerning the proposed fill activity on ALR land prior to forwarding the initial application (with Council’s comments) to the ALC for review. Based on the information provided by the applicant, discussion with ALC staff and review of ALC policies, Municipal Staff supported this application. Council approved through resolution the initial application in November of 2012 and the application was subsequently approved through resolution by the ALC in February of 2014. Work completed under the approved Permit has conformed to the City’s regulations (specifically the Soil Deposit Bylaw No. 5763-1999). This site is 8.0 hectares and is within the Agricultural Land Reserve (ALR). The initial application arose from the property owner’s interest to improve agricultural utilization of the property. The initial proposed volume of soil material for deposit at this property was 32,000 m3; approximately 4600 truck loads. The land owner’s proposal consists of an average fill depth of 1.0 metre and the fill area covers approximately 3.8 hectares (9.4 acres). RECOMMENDATION : That the request to increase the total volume of soil to be deposited under the Soil Deposit Permit (2012 -087-SP) for 25788 98 Avenue by 14,000 m3 be limited to an increase in volume of 10,000 m3 and approved through resolution by Council and forwarded to the Agricultural Land Commissio n for their review and approval (under Section 20 (3) of the Agricultural Land Commission Act ). BACKGROUND : Applicant: Al Morris (Co-Pilot Industries Ltd.) Owner: Doreen Keel and Alfred Keel Legal Description: Lot 21, Sec. 1, Tp 12, NWD Plan 43282 Zoning:Existing: 100% RS-3 (One Family Rural Residential) OCP :Existing: 100% AGR (Agricultural) 1107 - 2 - Surrounding Uses North: Use: 4 properties, Agricultural and Rural Residential Zone: (2) 100% RS-3 (One Family Rural Residential) Designation: (2) 100% AGR (Agricultural) Zone: (2) 100% RS-3 (One Family Rural Residential) Designation: (2) 100% URBRES (Urban Reserve) South Use: Suburban Residential and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) Designation: 86% SUBRES (Suburban Residential) 14% RURRES (Rural Residential) East Use: 4 properties, Agricultural and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) Designation: 100% AGR (Agricultural) West Use: 2 properties, Agricultural and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) Designation: 100% AGR (Agricultural) Existing Use of Property: Agricultural, Single Family Residential Proposed Use of Property: Agricultural, Single Family Residential Access: Spillsbury Street PROJECT DESCRIPTION: The property is located within the Agricultural Land Reserve, not within a floodplain, and over an underground aquifer (Grant Hill Aquifer) that is used for local resident water supply. The mainstem of Sprott Creek flows north to south along the western property boundary. Three tributaries to Sprott Creek flow north to south within the southwestern portion of the property and one tributary flows from the north-west to the south-east across the southeastern corner of the property. Sprott Creek has a 30 metre setback, and provides drainage for properties to the north, east, south and west of the subject property. Of the three tributaries in the south -west corner of the property, the western most tributary would have a 30 metre protective setback. The tr ibutary along the southern boundary of the property would have a 10 metre protective setback from the Top of Ravine Bank. Limited filling and grading work is proposed within the identified protective setbacks, however, the short term filling activity is not expected to negatively affect these watercourses as the appropriate erosion and sediment control measures will be required along with monitoring by a qualified environmental professional. The habitat within the protective setbacks will be restored with native vegetation following completion of the fill and grading work. The applicant is proposing to continue to bring soil onto the property in order to complete the soil deposit project to reduce the uneven terrain that limits the operation of agricultural machinery in certain areas of the property and subsequently the importation of fill is expected to improve soil quality. A soils study completed by Madrone Environmental Services Inc. has concluded that filling according to the company’s prescriptions will improve soil quality from a mixture of Classes 2 – 7 soils to Class 2 soils. The soil deposit work was proposed over 3.9 hectares (49%) of the property. At the end of the project the elevation of the 3.9 hectares will be raised an average of 1.0 metre. - 3 - As of December 2014 the applicant had placed 17,000 m3 of material and it is estimated that the total volume under the current Soil Deposit Permit (of 32,000 m3) is close to completion. The applicant has submitted survey drawings from Wade & Associates Inc., a geotechnical assessment report, proposed contours and fill elevations from Valley Geotechnical Engineering Services Ltd., and a hydrological assessment and soil quality assessment prepared by Madrone Environmental Services Ltd. An amendment to the Hydrological and Soil Quality assessment report from Madrone Environmental Services Ltd. states that the underlying aquifer and subsequently groundwater wells used for residential purposes will not be impacted as a result of the proposed fill activity. ENVIRONMENTAL IMPLICATIONS: There are concerns associated with the potential impacts of filling with regards to management of storm water and water quality during and following the proposed filling activity. Two tributaries to Sprott Creek are located in close proximity to the proposed soil deposit and grading area. The western tributary is located along the western boundary of the fill project and the southern tri butary is located south and downslope of the proposed fill site As a condition of the Permit, the Permit holder will be required to restore riparian habitat along these two tributaries to Sprott Creek and establish protective fencing for these protected riparian areas. The Permit holder has (in compliance with the Watercourse Protection Bylaw) provide d assurances (refundable securities) that adequate stormwater management and erosion and sediment control measures are established for this site to ensure that negative impacts to the adjacent watercourse and neighbouring properties do not occur as a result of this proposed soil deposit project. Statlu Environmental (consultants formerly of Madrone Environmental) has continued to monitor the project and site for stormwater management, erosion and sediment control, and for soil quality. As part of the approvals from the ALC and from the City of Maple Ridge, logs have been required for the sources of imported soils. The ALC has also required refundable secur ities for this project to ensure that the proposed soil improvements are completed. INTERGOVERNMENTAL ISSUES: Agricultural Land Commission: If Council approves the request for additional soil volume the request will be forwarded to the ALC for their review and approval . If the ALC does not approve the amendment, the City cannot amend the existing Permit. If the ALC does approve the amendment, the City is obligated to grant the amendment, however, the City can and will regulate the soil deposit through the requirement of professional reports and assurances, appropriate securities, and permit conditions as permitted by the Maple Ridge Soil Deposit Bylaw (No. 5763 -1999). CITIZEN/CUSTOMER IMPLICATIONS: Residents have expressed concerns related to soil deposit sites and activities located within rural residential areas and in ALR areas within the Municipality. The four most notable concerns that have been raised by residents include impacts to road safety, impacts to road conditions, an increase in noise and environmental impacts as a result of increased truck traffic and site disturbances. Due to recent weather conditions dust control for all Soil Deposit and Development sites is also a recent concern of Maple Ridge Residents. - 4 - Through communication with residents in this area and the contractor responsible for the site road safety was an initial concern but was remedied early in the project by limiting truck traffic to 98 th Avenue and prohibiting use of Spilsbury Rd. by truck traffic so uth of the project site. Another concern raised by residents was over the maintenance of clean road conditions. Through ongoing communication with the contractor, road maintenance activities have improved and roads are regularly cleaned when truck traffic to the site occurs. This Soil Deposit site has been in operation for approximately 1 year (June 2015 approval). Residents on other development and Soil Deposit sites have expressed concern over long term operations related to noise, traffic and general disturbance to residential and rural residential areas. The City has the ability to apply/amend conditions to the Permit in an attempt to address the concerns outlined above. INTERDEPARTMENTAL IMPLICATIONS: Filling, land grading, traffic and road conditions within this rural residential area are issues that affect Planning, Engineering, Building, Enforcement and Operations Departments. Consensus on acceptable risk standards and traffic volumes would provide a consistent approach and requirements for similar proposals for properties in rural residential and agricultural land areas. ALTERNATIVES: The Professional of record is recommending to increase the overall volume of material for deposition by 14,000 m3 (2000 loads) in order to complete the Soil Deposit project. The alternative options to accepting the increase of 14,000 m3 would be to: 1. limit the additional volume to another value in Statlu Environmental’s proposed range of 7,000 to 14,000 m3; or, 2. do not approve an increase in volume and require the contractor complete the work as initially proposed. - 5 - CONCLUSION: Based on the information provided by the applicant, an increase in volume of 10,000 m3 (1430 loads) for the Soil Deposit Permit is supported. The 10,000 m3 volume is considered a reasonable volume that will permit completion of the project as per the Professional report and will limit the extent to which this project continues. It is our understanding that the initial proposed Soil Deposit Permit application provides adequate justification for th is activity to occur on land within the Agricultural Land Reserve. It is recommended that this proposed Soil Deposit Permit amendment be approved through resolution by Council and forwarded t o the ALC. The ALC will determine whether this request for an increase in the soil deposit volume for this approved project would be beneficial to agriculture. “Original signed by Mike Pym” ________________________________________________ Prepared by : Mike Pym, MRM, MCIP, RPP Environmental Technician “Original signed by Chuck Goddard” for _________________________________________________ Approved by: Christine Carter, M.PL. MCIP, RPP Director of Planning “Original signed by Frank Quinn” _________________________________________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – subject map Appendix B – Statlu Environmental Report dated March 3, 2015 Appendix C – Soil Deposit Permit dated June 5, 2014 Appendix D – Copy of Council Resolution Appendix E – Comments from Council during Council Meeting November 13, 2012. City of PittMeadows District ofLangley District of MissionFRASER R. ^DATE: Oct 29, 2012 FILE: 2012-087-SP BY: PC 25788 98 AVENUE CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:3,000 APPENDIX A Statlu Environmental Consulting Ltd. 46637 Montana Drive Chilliwack, BC V2P 6L9 info@statlu.ca | www.statlu.ca March 3, 2015 Al Morris Co-Pilot Industries Ltd. 11470 201A Street Maple Ridge, BC V2X 0Y4 Dear Mr. Morris: Re: 25788 98th Avenue Fill Site Monitoring Report I visited the fill site at 25788 98th Avenue, Maple Ridge (PID: 006-721-877) on November 13, 2014 to inspect progress. The project has been underway since June, 2014 and is nearly complete. Approximately 7000 m³ to 14000 m³ of fill in excess of the permitted and approved amount is required to complete the project while maintaining the grade of the filled area. Fill Characteristics Topsoil from the site is being stripped in windrows as fill is imported to the site. An acceptable amount of topsoil is being stripped for later use at the surface. I observed good-quality agricultural fill on the site. The soil is composed primarily of fine-textured soils with few coarse fragments (Photo 1). Most of the fill is fine-textured soil from nearby new development along 240th Street (Table 1). The parent material at the source site is similar to the fill site. Both are soils developed in fine-textured, stone-free glaciomarine sediment. APPENDIX B 25788 98th Avenue Fill Site Co‐Pilot 14‐113 March 3, 2015 Page 2 Photo 1: Example of fill imported to site. Note fine texture and absence of coarse fragments. Fill Volume At the September inspection, 1857 loads (~12999 m³) of fill have been imported. As of December 31, 2014, 2433 loads (~17000 m³) have been imported. The volume of fill imported to the site is proving to be insufficient to create the desired even topography across the fill surface. The fill estimate in the original report1 was for 32000 m³ spread over 3.8 ha. The estimated volume of fill was determined by estimating an average thickness of fill over the footprint. This method does not consider the shape of the surface, therefore, depressions in the surface lead to an underestimation in the amount of fill required. In order to address this underestimation, an additional 7000 m³ to 14000 m³ (1000 to 2000 loads) should be allowed on the site. The additional fill will allow for the constructed surface to have even topography from east to west while maintaining the slope of the finished fill surface. This configuration will reduce the complexity of the finished slope, improving machine access on the finished field. 1 Madrone Environmental Services Ltd. 2012. Fill Placement Plan and Hydrological Assessment 25788 98th Avenue, Maple Ridge, BC 25788 98th Avenue Fill Site Co‐Pilot 14‐113 March 3, 2015 Page 3 Source Sites There are several sources of fill (Table 1). I checked source site land uses using both Google maps and online municipal maps. The source site land uses are primarily new development, rural residential, and residential. Such land uses are unlikely to be contaminated and they are acceptable source sites for filling on agricultural land. There were two source sites that I could not check because of ambiguity in the source site address but I suspect they come from undeveloped forested properties. No fill was not tested for potential contamination. Table 1: Fill Source Sites October to December 2014 Source Site Address Land Use Load Count Volume¹ (m³) 116th and Trethewey Rural residential 2 14 123rd and 203rd St. Residential 2 14 21404 Dewdney Trunk Road Cemetery 7 49 21600 River Road Residential 23 161 237A and 132 Street New development from forested area 1 7 240th St. and 105th New development from forested area 2 14 240th St. and 112th New development from agricultural area 265 1855 24189 124th Undeveloped 3 21 243B and 112th Rural Residential 186 1302 248 and Halnor New development from forested area 2 14 Burke Mountain New development from forested area 14 98 Cunningham New development from forested area 2 14 David Street Unknown, likely new development from forested area 5 35 Glenhurst and Dewdney Residential 14 98 Johnson and Glen Commercial or Residential 3 21 Laity and Dewdney Residential 3 21 Sheffield and Harper Unknown, likely new development from forested area 42 294 Grand Total 576 4032 ¹Assuming the average box capacity is 7 m³. 25788 98th Avenue Fill Site Co‐Pilot 14‐113 March 3, 2015 Page 4 Erosion and Sediment Control Erosion and sediment control structures (silt fencing, check dams, etc.) are in place. The silt fence on the southwest side of the fill area was overwhelmed during a large precipitation event (Photo 2). The operator built a sump and lined it with clear crush rock to filter fine textured sediment. The sump should prevent additional breaches. The fence was repaired after the breach. There was little evidence of silt deposition outside the fence. Photo 2: Silt fence breach. Note the rock-filled sump. . Recommendations My recommendation from September 22, 2014 requiring replacement of topsoil that was stripped in error has not yet been implemented. The topsoil from that area should be replaced. I recommend that the fill permit/approval be amended to allow for an additional 14000 m³ of fill to create a more even final topography across the filled area. 25788 98th Avenue Fill Site Co‐Pilot 14‐113 March 3, 2015 Page 5 Yours truly, Prepared by: Statlu Environmental Consulting Ltd. Eryne Croquet, GIT, P. Ag. Agrologist and Geoscientist DISTRICT OF MAPLE RIDGE SOIL DEPOSIT PERMIT NO. 2012-087-SP Pursuant to the Maple Ridge Soil Deposit Regulation Bylaw No. 5763 - 1999, permission is hereby granted to: CO-PILOT INDUSTRIES LTD.; ALLAN MORRIS of 11470 201A ST., MAPLE RIDGE, BC V2X 0Y4; 604-250-0492 to deposit 32,000 cubic metres (~4600 Loads) upon 25788 98 AVE, Maple Ridge (address of property) Lot: 21, Section: 1, Township: 12, Plan: NWP43282 (legal description of property) in accordance with the provisions of the Maple Ridge Soil Deposit Regulation Bylaw No. 5763 - 1999 Application No. 2012-087-SP and the plans, specifications and other supporting documents filed therewith as approved, and initialed as approved by the permit holder, all which form a part of this Permit and constitute the terms and conditions of this Permit. PERMIT CONDITIONS: This permit is issued on the condition that the permit holder fully complies with all provisions of the Maple Ridge Soil Deposit Regulation Bylaw No. 5763 – 1999 and all terms and conditions herein of this Permit. Watercourse Protection Requirements: 1.No release of sediment, or other deleterious substances into any watercourses, roadside ditches, or other roadside drainages. - If sediment or other deleterious substance is released into a drainage structure or directly into a watercourse this permit will be suspended until the Erosion and Sediment Control Plan (or equivalent for other environmental concerns) has been amended by the Qualified Professional to address the inefficiencies on site, the necessary ESC mitigation measures are installed, and a qualified monitor is retained for the remainder of the permit. 2.Regular road cleaning (not flushing) – as required or requested by the District. 3.No refueling/service of machinery within 15m of any watercourse or surface drainage. 4.No additional site disturbance is to occur within 30 m of any watercourses. 5.Should a rainfall event occur during the filling process, suspension of operations may be required to control the potential of offsite sediment release. 6.Restoration of any disturbed areas within the protected fisheries setback is to occur as per the plans prepared by Statlu Environmental Consulting. and prior to the release of the securities held for this project. APPENDIX C Geotechnical: 1. The Geotechnical professional responsible (Valley Geotechnical Engineering Ltd.) for this site will be required to provide a letter of assurance at the end of the permit period to confirm the soils are stable and safe for the use intended and that the onsite grades are consistent with the proposed plans approved by the District. The letter of assurance will be required prior to the release of securities. 2. The professional responsible for this site (Valley Geotechnical Engineering Ltd.) is required to notify the District in the event the proposed grading plans and/or soil deposit volumes are altered or exceeded. Site Design and Operational Requirements: 1. The District is to be informed immediately of any modifications to the site design and work plans. 2. No additional disturbance on site is to occur without the necessary permits. 3. Tree clearing is not to occur prior to District approval and prior to a bird nesting assessment by a Qualified Environmental Professional and an assessment report submitted to the District. 4. The location and general design of filling activities are to be consistent with the information supplied in the application package including the following. i. Schedule B, Soil Deposit Permit Application ii. Erosion and Sediment Control Plan prepared by Statlu Environmental Consulting, dated June 5, 2014 iii. Geotechnical Assessment for Fill Placement at 25788 98 Avenue, Maple Ridge prepared by Valley Geotechnical Engineering Ltd.; Dated April 19, 2013 iv. Fill Placement Plan and Hydrological Assessment; prepared by Madrone Environmental Services Ltd., dated March 9, 2012 v. Restoration plan for the protective fisheries setback prepared by Statlu Environmental Consulting, dated June 5, 2014 5. If the work undertaken on site is not as per the above plans, or approved amendments to the above plans, both this Soil Permit and the Gravel Extraction Permit for this property may be suspended. 6. The sign at the entrance of the site is to be posted with the Soil Deposit Permit number, contact information for the site operator, and contact information for the District of Maple Ridge Environmental Technician. Monitoring and Reporting: 1. A land survey will be required following the completion of the fill project. 2. Log books are to be prepared by a Qualified Professional and submitted to the District of Maple Ridge (Manager of Development and Environmental Services or designate) every three months. Log books are to be submitted within 30 days of the end of the reporting period. Log books are to include the following information. i. The days that soil deposition occurred. ii. Address of source soil materials. iii. Contact information for source location. iv. Trucking company responsible for each delivery. v. Truck driver responsible for each delivery. vi. Copies of receipts from source location. vii. Copies of receipts from the deposition. viii. Spreadsheet (or similar) tracking form that includes all log entries and showing total volume deposited in the three month reporting period. 3. All Environmental Phase 1 and Phase 2 records available for all sources are to be logged by the Permit holder or designated professional. All records are to be made available to District Staff within 24 hours of a request. 4. If there is any reason to suspect that any source site has contamination concerns District Staff must be notified and Phase 1 and (if warranted) a Phase 2 environmental Assessment be completed prior to any material from the concerning site entering the permit area. All contaminated material will be removed from the site and disposed of at a permitted site. Traffic Safety Management: 1. The traffic management plan is to be followed throughout the soil deposit permit. 2. Flag Persons and road signs are to be used as necessary. 3. Trucks are not permitted to park along any of the District’s Road Right of Ways. 4. If traffic safety concerns arise all truck activity is to cease until the safety concerns have been addressed. Received from Allan Morris of Co-Pilot Industries Ltd. August 14, 2012, the sum of $746 as Soil Deposit Permit Application Fee, Receipt No. 138233; the sum of $9,450.00 as Soil Deposit Volumetric Fee, Receipt No. ; and $9000.00 Security Deposit, Receipt No. ; Total paid: $19,196. This Soil Deposit Permit is issued June 6, 2014 and shall expire twelve months after the day of issuance, namely June 6, 2015. Any proposed extension of the Fill Permit may be considered at the end of this period. __________________________________________ Allan morris of Co-Pilot Industries Ltd. Applicant __________________________________________ Charles R. Goddard Manager of Development and Environmental Services APPENDIX D District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 5, 2012 and Members of Council FILE NO: 2012-087-SP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Soil Deposit Permit 25788 98 Avenue EXECUTIVE SUMMARY : A Soil Deposit application has been made to the District which falls under Section 20(3) of the Agricultural Land Commission Act. This site is 8.0 hectares and is within the Agricultural Land Reserve (ALR). This application arises from the property owner’s interest to improve agricultural utilization of the property. The proposed volume of soil material for deposit at this property is 32,000 cubic metres (m3); approximately 4600 truck loads. The land owner’s proposal consists of an average fill depth of 1.0 metre and the fill area covers approximately 3.8 hectares (9.4 acres). This application is being processed under the requirements of the Agricultural Land Commission (ALC) which requires Council’s comments and recommendations concerning the proposed fill activity on ALR land prior to forwarding the application (with Council’s comments) to the ALC for review. Based on the information provided by the applicant, discussion with ALC staff and review of ALC policies, District Staff support this application. The property is currently farmed and the property has Farm Tax status. Any fill application approved by the ALC will be required to conform to the District’s regulations (specifically the Soil Deposit Bylaw No. 5763-1999). RECOMMENDATION: That the application for a Soil Deposit Permit under Section 20 (3) of the Agricultural Land Commission Act for the property at 25788 98 Avenue be forwarded to the Agricultural Land Commission. BACKGROUND : Applicant: Al Morris (Co-Pilot Industries Ltd.) Owner: Doreen Keel and Alfred Keel Legal Description: Lot 21, Sec. 1, Tp 12, NWD Plan 43282 Zoning: Existing: 100% RS-3 (One Family Rural Residential) OCP : Existing: 100% AGR (Agricultural) Surrounding Uses North: Use: 4 properties, Agricultural and Rural Residential Zone: (2) 100% RS-3 (One Family Rural Residential) OCP: (2) 100% AGR (Agricultural) Zone: (2) 100% RS-3 (One Family Rural Residential) OCP: (2) 100% URBRES (Urban Reserve) - 2 - South Use: Suburban Residential and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) OCP: 86% SUBRES (Suburban Residential) 14% RURRES (Rural Residential) East Use: 4 properties, Agricultural and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) OCP: 100% AGR (Agricultural) West Use: 2 properties, Agricultural and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) OCP: 100% AGR (Agricultural) Existing Use of Property: Agricultural, Single Family Residential Proposed Use of Property: Agricultural, Single Family Residential Access: Spillsbury Street PROJECT DESCRIPTION: The property is located within the Agricultural Land Reserve, not within a floodplain, and over an underground aquifer (Grant Hill Aquifer) that is used for local resident water supply. The mainstem of Sprott Creek flows north to south along the western property boundary. Three tributaries to Sprott Creek flow north to south within the southwestern portion of the property and one tributary flows from the north-west to the south-east across the southeastern corner of the property. Sprott Creek has a 30 metre setback, and provides drainage for properties to the north, east, south and west of the subject property. Of the three tributaries in the south -west corner of the property, the western most tributary would have a 30 metre protective setback. The tributary along the southern boundary of the property would have a 10 metre protective setback from the Top of Ravine Bank. Limited filling and grading work is proposed within the identified protective setbacks, however the short term filling activity is not expected to negatively affect these watercourses as the appropriate erosion and sediment control measures will be required along with monitoring by a qualified environmental professional. The habitat within the protective setbacks will be restored with native vegetation following completion of the fill and grading work. The applicant has proposed to bring fill onto the property in order to reduce the uneven terrain that limits the operation of agricultural machinery in certain areas of the property and subsequently the importation of fill is expected to improve soil quality. A soils study completed by Madrone Environmental Services Inc. has concluded that filling according to the company’s prescriptions will improve soil quality from a mixture of Class 2 to Class 7 soils to Class 2 soils. The applicant is proposing to place 32,000 m3 of soil over 3.9 hectares (49%) of the property. The elevation of the 3.9 hectares will be raised an average of 1.0 metre. The applicant has submitted survey drawings from Wade & Associates Inc., a geotechnical assessment report, proposed contours and fill elevations from Valley Geotechnical Engineering Services Ltd., and a hydrological assessment and soil quality assessment prepared by Madrone Environmental Services Ltd. An amendment to the Hydrological and Soil Qual ity assessment report from Madrone Environmental Services Ltd. states that the underlying aquifer and subsequently - 3 - groundwater wells used for residential purposes will not be impacted as a result of the proposed fill activity. ENVIRONMENTAL IMPLICATIONS: There are concerns associated with the potential impacts of filling with regards to management of storm water and water quality during and following the proposed filling activity. Two tributaries to Sprott Creek are located in close proximity to the proposed soil deposit and grading area. The western tributary is located along the western boundary of the fill project and the southern tributary is located south and downslope of the proposed fill site As a condition of the Permit, the Permit holder will be required to restore riparian habitat along these two tributaries to Sprott Creek and establish protective fencing for these protected riparian areas. If Council supports the Permit and it is approved by the ALC, the Permit holder will be required (in compliance with the Watercourse Protection Bylaw) to provide assurances (refundable securities) that adequate stormwater management and erosion and sediment control measures are established for this site to ensure that negative impacts to the adjacent watercourse and neighbouring properties do not occur as a result of this proposed soil deposit project. INTERGOVERNMENTAL ISSUES: Agricultural Land Commission: Under the existing regulations, if the local government approves, in principle, the Soil Deposit Application, the ALC must review the proposal for Soil Deposit in the Agricultural Land Reserve. If the ALC does not approve the Application, the District cannot grant a Permit. If the ALC does approve the Application, the District is obligated to grant a Permit, however, the District can and will regulate the soil deposit through the requirement of professional reports and assurances, appropriate securities, and permit conditions as permitted by the District of Maple Ridge Soil Deposit Bylaw (No. 5763-1999). It is our understanding that the proposed Soil Deposit Permit application will need to be approved by the ALC as per Section 20 of the Agricultural Land Commission Act. CITIZEN/CUSTOMER IMPLICATIONS: There are ongoing Resident concerns related to existing fill operations located within rural residential areas and in ALR areas within the District. The four most notable concerns that have been raised by residents regarding soil deposit sites and activities in rural areas include impacts to road safety, impacts to road conditions, an increase in noise and environmental impacts as a result of increased truck traffic and site disturbances. The District has the ability to apply conditions to the Permit in an attempt to address the concerns outlined above. INTERDEPARTMENTAL IMPLICATIONS: Filling, land grading, traffic and road conditions within this rural residential area are issues that affect Planning, Engineering, Building, Enforcement and Operations Departments. Consensus on - 4 - acceptable risk standards and traffic volumes would provide a consistent approach and requirements for similar proposals for properties in rural residential and agricultural land areas. ALTERNATIVES: The applicant is asking for a Permit to raise the level, and grade, of approximately 49% of the property. The arguments for depositing the 32,000 m3 (4600 truck loads) include improving soil conditions and improving topographical constraints that currently limit farm use of land on the property. Alternatives that could be considered to provide some improvements would include the following. 1. Grading the land without additional soil material to improve access. 2. Install groundwater/stormwater management system to capture surface water runoff and transfer this water, in a controlled fashion, to Sprott Creek. CONCLUSION : Based on the information provided by the applicant, the Soil Deposit Permit Application is supported. It is our understanding that the proposed Soil Deposit Permit application provides adequate justification for this activity to occur on land within the Agricultural Land Reserve. It is recommended that this proposal be approved through resolution by Council and for warded to the ALC. The ALC will determine whether this non-farm use proposal would be beneficial to agriculture. “Original signed by Mike Pym”_____________________ Prepared by: Mike Pym, MRM, MCIP, RPP Environmental Technician “Original signed by Christine Carter”_________________ Approved by: Christine Carter, M.PL. MCIP, RPP Director of Planning "Original signed by Frank Quinn"_________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule"_______________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map APPENDIX E City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 11-5255-40-099 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Award of Contract ITT-EN15-48: 240 Street Road Improvements (102 Avenue –104 Avenue) EXECUTIVE SUMMARY: The 240 Street Road Improvements Project from 102 Avenue to 104 Avenue is in the City’s approved Financial Plan. The project objectives are to improve multi-modal transportation for the corridor by providing improvements to roadway, pedestrian and cycling facilities. As precursory to this, in 2014 the City completed the ditch infill of Mainstone Creek from 102 Avenue to 115m north of 102 Avenue in the same area. The 240 Street Road Improvements from 102 Avenue to 104 Avenue Project generally consist of full- width road reconstruction and widening, installation of catch basins, traffic signal modifications, interim pedestrian facilities on the west side, separated multi-use path on the east side, driveway restorations and pavement markings. As identified in the City’s Strategic Transportation Plan, the ultimate cross section for 240 Street from 102 Avenue to 104 Avenue will accommodate 4 lanes, bike lanes, concrete curb and gutter, concrete sidewalk, street lighting and will match the existing cross section south of 102 Avenue. Future road dedications through development on some of the adjoining properties will allow the ultimate servicing to be achieved. The estimated construction duration is approximately 8 weeks, starting the last week of July or first week of August. The Traffic Management Plan will be tailored to not impact on school drop off and pick up times. It is anticipated that single lane alternating traffic will be maintained on 240 Street between 9:00 am and 3:00 pm, and two lanes will be maintained after working hours. The 240 Street Road Improvements from 102 Avenue to 104 Avenue contract was tendered June 23, 2015 and closed on July 14, 2015. The lowest acceptable tender bid by Imperial Paving Limited is $1,045,796.40 excluding taxes. There are sufficient funds in the 2015 budget under LTC 1790, 8310 and 2827 to complete this project. Council approval to award the contract is required for the work to proceed. RECOMMENDATION: THAT Contract ITT-EN15-48, 240 Street Road Improvements (102 Avenue – 104 Avenue), be awarded to Imperial Paving Limited in the amount of $1,045,796.40 excluding taxes; and THAT a contract contingency of $125,000 be approved, and THAT the Corporate Officer be authorized to execute the contract. 1108 DISCUSSION: a) Background Context: The 240 Street Drainage and Road Improvements from 102 Avenue to 104 Avenue is in the City’s approved Financial Plan as a multi-year, phased project. The project objectives are to improve multi-modal transportation for the corridor by providing improvements to pedestrian and cycling facilities. As a precursor to this phase of the project, in 2014 the City completed the ditch infill of Mainstone Creek from 102 Avenue to 115m north of 102 Avenue. As identified in the City’s Strategic Transportation Plan, the ultimate cross section for 240 Street from 102 Avenue to 104 Avenue will accommodate 4 lanes, bike lanes, concrete curb and gutter, concrete sidewalk, street lighting and will match the existing cross section south of 102 Avenue. Future road dedications through development on some of the adjoining properties will allow the ultimate servicing to be achieved. Tender Evaluation: The contract for the 240 Street Road Improvements (102 Avenue – 104 Avenue) was tendered on June 23, 2015. The tender closed on July 14, 2015 and two compliant tenders were received. The following tenders received are listed in order from lowest to highest price: Tender Price (excluding taxes) Imperial Paving Limited $ 1,045,796.40 Lafarge Canada-Columbia Bitulithic $ 1,205,205.00 Staff have confirmed that the Imperial Paving Limited tender is compliant and the contractor is suitably qualified for the works. b) Desired Outcome: Council approval to award the contract for the 240 Street Road Improvements (102 Avenue– -104 Avenue) project to Imperial Paving Limited. c) Strategic Alignment: The 240 Street Road and Drainage Improvements supports the following key strategies identified in the City’s Strategic Plan: • Maintain and enhance a multi-modal transportation system within Maple Ridge; • Provide citizens with safe, efficient alternatives for the movement of individuals and goods; • Promote alternative modes (pedestrian, bike, public transit) of travel to reduce reliance on the automobile. d) Citizen/Customer Implications: The estimated construction duration for the project is approximately 8 weeks, starting the last week of July, weather permitting. The Contractor is to maintain two lanes if possible, otherwise single lane alternating traffic must be maintained at all times during construction and flag persons shall be in attendance during working hours. The Traffic Management Plan will be tailored to not impact on school drop off and pick up times. Single lane alternating traffic on 240 Street will occur only from 9:00am to 3:00pm. Two-lane traffic must be maintained after working hours. e) Interdepartmental Implications: The Operations Department has provided input to the design. f) Business Plan/Financial Implications: There are sufficient funds in the 2015 adopted Financial Plan under LTC 1790, 8310 and 2827 to complete the project. CONCLUSIONS: The tender price of $1,045,796.40 excluding taxes by Imperial Paving Limited for the 240 Street Road Improvements (102 Avenue – 104 Avenue) is the lowest compliant tendered price. It is recommended that Council approve the award of the contract to Imperial Paving Limited. It is also recommended that a contract contingency of $125,000 be approved. There are sufficient funds budgeted in 2015 for this project. “Original signed by Jeff Boehmer” “Original signed by Trevor Thompson” Submitted by: Jeff Boehmer, PEng. Financial Trevor Thompson, CPA, CGA Manager of Design and Construction Concurrence: Manager of Financial Planning “Original signed by David Pollock” Reviewed by: David Pollock, PEng. Municipal Engineer “Original signed by Frank Quinn”__________________ Approved by: Frank Quinn, MBA, PEng. General Manager: Public Works & Development Services “Original signed by Frank Quinn”__________________ Concurrence: Acting Chief Administrative Office MG/mg City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 11-5255-40-194 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Award of Contract ITT-EN-15-49: Selkirk Avenue Road Improvements (225 Street –226 Street) EXECUTIVE SUMMARY: The Selkirk Avenue Road Improvements Project from 225 Street to 226 Street is in the City’s approved Financial Plan. The project objectives are to improve multi-modal transportation for the corridor by providing improvements to pedestrian and cycling facilities. Aplin & Martin Consultants Ltd. completed the geometric design of Selkirk Avenue from 225 Street to 226 Street in conjunction with Downtown Enhancement Project Phase 4 on Lougheed Highway between 224 Street and 226 Street to ensure a cohesive design along the entire section of Lougheed Highway from 224 Street to 228 Street and Selkirk Avenue. Selkirk Avenue Road Improvements from 225 Street to 226 Street Project generally consists of road widening, marked bike lanes, concrete curb and sidewalk, pedestrian and street lighting, catch basins, irrigation, landscaping and pavement markings. The contract tender for Selkirk Road Improvements was issued on June 23, 2015 and closed on July 14, 2015. Three tenders were received and the lowest compliant bid was submitted by AC Paving Company Ltd. at $678,891.00, excluding taxes. Council approval to award the contract is required for the work to proceed. RECOMMENDATION: THAT Contract ITT-EN15-49, Selkirk Avenue Road Improvements Project (225 Street - 226 Street), be awarded to AC Paving Company Ltd.in the amount of $678,891.00 excluding taxes; and THAT a contract contingency of 10% or $67,889 be approved; and THAT the Financial Plan be amended to increase the project budget by $90,000 as detailed in the Council Report dated July 20, 2015 titled the Award of Contract ITT-EN-15-49: Selkirk Avenue Road Improvements (225 Street –226 Street). THAT the Corporate Officer be authorized to execute the contract. 1109 DISCUSSION: a) Background Context: The Selkirk Avenue Road Improvements Project from 225 Street to 226 Street is in the City’s approved Financial Plan. The project objectives are to improve multi-modal transportation for the corridor by providing improvements to pedestrian and cycling facilities. Aplin & Martin Consultants Ltd. completed the geometric design of Selkirk Avenue from 225 Street to 226 Street in conjunction with Downtown Enhancement Project Phase 4 on Lougheed Highway between 224 Street and 226 Street to ensure a cohesive design along the entire section of Lougheed Highway from 224 Street to 228 Street and Selkirk Avenue. Selkirk Avenue Road Improvements from 225 Street to 226 Street Project generally consists of road widening, marked bike lanes, concrete curb and sidewalk, pedestrian and street lighting, catch basins, irrigation, landscaping and pavement markings. The Selkirk Avenue Road Improvements from 225 Street to 226 Street is in the City’s approved Financial Plan. The objectives of the Downtown Enhancement Projects include increasing the livability of the Town Centre, supporting business growth and encouraging future investment in the area, while enhancing the street experience for pedestrians and shoppers and the safety of road users. The contract tender for Selkirk Road Improvements was issued on June 23, 2015 and closed July 14, 2015. Three tenders were received and opened in public on July 14, 2015. These are listed below from lowest to highest price. Tender Price Including Optional Items (excluding taxes) AC Paving Company Ltd. $678,891.00 Imperial Paving Limited $764,308.41 Lafarge Canada Inc. c.o.b. as Columbia Bitulithic $765,900.00 The lowest compliant bid was $678,891.00 (excluding taxes) from AC Paving Company Ltd. Staff have checked and analyzed the tenders and recommend the contract be awarded to AC Paving Company Ltd. b) Desired Outcome: The reconstruction Selkirk Avenue will replace aging infrastructure nearing the end of its life with a pedestrian-friendly cross-section that incorporates desired features such as decorative street lights, trees and street furniture. c) Strategic Alignment: The improvements on Selkirk Avenue will contribute to improved walkability throughout the Downtown area. d) Citizen/Customer Implications: An Open House for all impacted residents and businesses was held on May 19, 2015 and letters were sent to critically impacted businesses on June 24, 2015 to discuss the restoration works on their frontages. Temporary construction access agreements were also sent to obtain permission from property owners to enable the Contractor to complete the restoration works on private properties. Staff have made considerable effort to address all comments. Construction will commence promptly after the project is awarded and attempts will be made to minimize the impact to everyday traffic, residents, and businesses on Selkirk Avenue. e) Interdepartmental Implications: The Engineering, IT, Operations and Finance Departments have provided input during the design stage and we have made use of City resources where possible in the interests of cost effectiveness and efficiencies. f) Business Plan/Financial Implications: The projected expenditures excluding taxes are as follows: Actual Costs to Date Construction Contract Cost Pre-purchased Materials by the City Contract Contingency (10%) Total Projected Project Cost The project funding sources are as follows: General Capital Funding General Revenue Surplus Development Cost Charges Gaming Revenues Additional funding from General Revenue Surplus Additional funding from Development Cost Charges Total Funding Sources $ $ $ $ $ $ $ $ $ $ $ $ 10,650 678,891 32,100 67,889 789,530 4,550 145,000 450,450 100,000 32,000 58,000 790,000 The project expenditures include a contract contingency of $67,889 that will only be utilized if required to address unforeseen issues throughout construction. The funding sources include re- assigned capital funding from the Downtown Enhancement Project. CONCLUSIONS: The tender price of $678,891.00 excluding taxes by AC Paving Company Ltd. for the Selkirk Avenue Road Improvements (225 Street – 226 Street) is the lowest tendered price. It is recommended that Council approve the award of the contract to AC Paving Company Ltd. It is also recommended that funds be transferred from General Revenue Surplus and Development Cost Charges into LTC 841, and a contract contingency of 10%, or $67,889 be approved. “Original signed by Jeff Boehmer” “Original signed by Trevor Thompson” Submitted by: Jeff Boehmer, PEng. Financial Trevor Thompson, CPA, CGA Manager of Design and Construction Concurrence: Manager of Financial Planning “Original signed by David Pollock” ____________ Reviewed by: David Pollock, PEng. Municipal Engineer “Original signed by Frank Quinn”_______________ Approved by: Frank Quinn, MBA, PEng. General Manager: Public Works & Development Services “Original signed by Frank Quinn”_______________ Concurrence: Acting Chief Administrative Office MG/mg CityCityCityCity of Maple Ridgeof Maple Ridgeof Maple Ridgeof Maple Ridge TO:TO:TO:TO: Her Worship Mayor Nicole Read DATE:DATE:DATE:DATE: July 20, 2015 and Members of Council Committee of the Whole FROM:FROM:FROM:FROM: Chief Administrative Officer SUBJECTSUBJECTSUBJECTSUBJECT: Disbursements for the month ended June 30, 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 June 30June 30June 30June 30, 2015, 2015, 2015, 2015 bebebebe received for received for received for received for information only.information only.information only.information only. GENERALGENERALGENERALGENERAL $$$$ 10,710,710,710,745,27945,27945,27945,279 PAPAPAPAYROLLYROLLYROLLYROLL $$$$ 1,988,2241,988,2241,988,2241,988,224 PURCHASE CARDPURCHASE CARDPURCHASE CARDPURCHASE CARD $$$$ 100,734100,734100,734100,734 $$$$ 12,812,812,812,834,23734,23734,23734,237 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 • Fraser Valley Regional Library – 2nd quarter member assessment $ 644,995 • G.V. Water District – water consumption Mar 4 – Mar 31/15 $ 431,169 • G.V. Water District – water consumption Apr 1 – May 5/15 $ 576,791 • G.V. Water District – Barnston pump station $ 290,484 • G.V. Water District – Maple Ridge main west pump station $ 1,705,511 • Receiver General – RCMP contract Jan 1 – Mar 31/15 $ 3,281,433 • Ridge Meadows Recycling Society – Monthly contract for recycling $ 187,464 • Westvac Industries Ltd. – Sewer jetter flusher truck $ 230,273 d)d)d)d) Policy Implications:Policy Implications:Policy Implications:Policy Implications: Corporate governance practice includes reporting the disbursements to Council monthly. CONCONCONCONCLUSIONS:CLUSIONS:CLUSIONS:CLUSIONS: The disbursements for the month ended June 30, 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: Frank QuinnFrank QuinnFrank QuinnFrank Quinn Acting Acting Acting Acting Chief Administrative OfficerChief Administrative OfficerChief Administrative OfficerChief Administrative Officer gmr VENDOR NAMEVENDOR NAMEVENDOR NAMEVENDOR NAME DESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENT AMOUNTAMOUNTAMOUNTAMOUNT Absolute Industrial Mechanical 225th St pump station electrical upgrade 44,870 Allard Contractors Ltd Security refund 45,935 Alouette River Management Soc 2014 service grant 20,000 BC Hydro Electricity 129,191 BC Hydro & Power Authority Pole relocation 128 Ave (210 St to 216 St)54,419 BC SPCA Contract payment 28,230 Beta Enterprises Ltd Security refund 46,000 Blue Pine Enterprises Ltd Whonnock Lake Park enhancement project 61,734 Boileau Electric & Pole Ltd Maintenance: Banners 740 Firehalls 9,208 Pole replacements 6,538 SRT turf field lights 2,137 Street lights 554 Traffic lights 711 Water station upgrades 9,768 29,656 Bryco Projects Inc Seismic upgrade Rothsay reservoir at 256 St 50,930 CUPE Local 622 Dues - pay periods 15/11 & 15/12 25,674 Canada Pipe Company Ltd Watermain replacement 24,905 Chevron Canada Ltd Gasoline & diesel fuel 75,533 CSDC Systems Inc Amanda annual software maintenance 67,472 Fitness Edge Fitness classes & programs 31,572 Fraser Valley Regional Library 2nd quarter member assessment 644,995 Frazer Excavation Ltd Silver Valley pedestrian improvements - Larch Ave 77,011 Greater Vanc Water District Water consumption Mar 4 - Mar 31/15 431,169 Water consumption Apr 1 - May 5/15 576,791 Abernethy multi use path (210 St - Blackstock)130,510 Barnston pump station 290,494 Maple Ridge Main West pump station 1,705,511 3,134,475 Green Landscape Experts Ltd Lougheed Highway multi use lane 1,337 Street tree replacement 46,955 48,292 Guillevin International Inc Firefighter equipment 1,919 Firefighter protective wear 11,659 Firehall lighting 419 Pump station maintenance 10,199 Street lights 3,936 Water pump station upgrades 6,284 34,416 Hallmark Facility Services Inc Janitorial services & supplies: Firehalls 4,462 Library 4,200 City Hall 3,360 Golden Ears Winter Club 1,680 Operations 3,990 Randy Herman Building 1,208 RCMP 7,455 South Bonson Community Centre 2,415 28,770 Imperial Paving Lorne Ave sidewalk 53,380 ISL Engineering & Land Serv Abernethy Way (210 St - 224 St)67,455 203 Street (Lougheed Hwy - Golden Ears Way)7,585 75,040 Kanaka Education & Env Society 2014 service grant 20,000 Lafarge Canada Inc Roadworks material 58,277 CITY OF MAPLE RIDGECITY OF MAPLE RIDGECITY OF MAPLE RIDGECITY OF MAPLE RIDGE MONTHLY DISBURSEMENTS - JUNE 2015MONTHLY DISBURSEMENTS - JUNE 2015MONTHLY DISBURSEMENTS - JUNE 2015MONTHLY DISBURSEMENTS - JUNE 2015 VENDOR NAMEVENDOR NAMEVENDOR NAMEVENDOR NAME DESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENT AMOUNTAMOUNTAMOUNTAMOUNT Maple Ridge & PM Arts Council Arts Centre contract payment 52,224 Program revenue Feb 32,698 Theatre rental 677 85,599 Meadowlands Horticultural Inc Hanging baskets 16,632 Medisys Health Group Inc Fire Department medical exams & vaccines 28,068 Municipal Pension Plan BC Employer/employee remittance 337,230 Northwest Hydraulic Consultant Flood study Alouette Rivers 17,574 RCMP -Receiver General For Cda RCMP contract Jan 1 to Mar 31/15 3,281,433 Receiver General For Canada Employer/Employee remittance PP15/12 & PP15/125 591,929 RG Arenas (Maple Ridge) Ltd Ice rental May 56,896 Curling rink operating expenses Apr 2,886 Onsite supervision of curling rink 6,149 65,931 Ridge Meadows Recycling Society Monthly contract for recycling 187,464 Weekly recycling 376 Litter pickup contract 2,028 Recycling station pickup 330 Roadside waste removal 110 Toilet rebate program 208 Community public art grant 750 191,266 Rogers Cellular devices May & June 21,059 Shape Architecture Inc.Leisure Centre lifecyle repairs 15,889 Telus Telephone services 9,176 Pole/cable relocatoin 128 Ave at 216 St & Laity St 8,496 17,672 Total Energy Systems Ltd Maintenance: Firehalls 852 Leisure Centre 7,335 Library 249 Maple Ridge Museum 259 Operations 1,234 Pitt Meadows Family Rec. Centre 2,180 Pitt Meadows Heritage Hall 483 Pitt Meadows Museum 193 RCMP 2,330 Whonnock Lake Community Centre 1,240 16,355 Tundra Plumbing Ltd Hammond Pool 29,348 The Act 9,086 38,434 Warrington PCI Management Advance for Tower common costs plus expenses 92,963 Westridge Security Ltd Security: Cliff Avenue 1,158 EOC emergency shelter 320 Safe walk program 156 South Bonson Community Centre Apr & May 821 Town Core Mar, Apr & May 14,297 16,752 Westvac Industries Ltd Sewer jetter flusher truck 230,273 Disbursements In Excess $15,000 9,975,8399,975,8399,975,8399,975,839 Disbursements Under $15,000 769,440769,440769,440769,440 Total Payee Disbursements 10,745,27910,745,27910,745,27910,745,279 Payroll PP15/12, PP15/125 & PP15/13 1,988,2241,988,2241,988,2241,988,224 Purchase Cards - Payment 100,734100,734100,734100,734 Total Disbursements June 2015 12,834,23712,834,23712,834,23712,834,237 1 of 1 City City City City of Maple Ridgeof Maple Ridgeof Maple Ridgeof Maple Ridge TO:TO:TO:TO: Her Worship Mayor Nicole Read MEETINGMEETINGMEETINGMEETING DATE:DATE:DATE:DATE: July 20, 2015 and Members of Council FILE NO:FILE NO:FILE NO:FILE NO: FROM:FROM:FROM:FROM: Chief Administrative Officer MEETING:MEETING:MEETING:MEETING: C.O.W.C.O.W.C.O.W.C.O.W. SUBJECTSUBJECTSUBJECTSUBJECT: 2015 Council Expenses EXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARY In keeping with Council’s commitment to transparency in local government, the attached Schedule lists Council expenses to the end of June for 2015. The expenses included on the schedule are those required to be reported in the annual Statement of Financial Information and are available on our website. RECOMMENDATIONRECOMMENDATIONRECOMMENDATIONRECOMMENDATION:::: Receive for informationReceive for informationReceive for informationReceive for information DiscussionDiscussionDiscussionDiscussion The expenses included in the attached schedule are those reported in the annual Statement of Financial Information (SOFI), including those incurred under Policy 3.07 “Council Training, Conferences and Association Building”. The budget for Council includes the provision noted in Policy 3.07 as well as a separate budget for cell phone and iPad usage. The amounts on the attached Schedule are those recorded prior to the preparation of this report and are subject to change. “original signed by Cheryl Ennis” ________________________________________ Prepared by: Cheryl Ennis Executive Assistant, Corporate Administration “original signed by Paul Gill” _________________________________________ Approved by: Paul Gill, CPA, CGA GM, Corporate and Financial Services “original signed by Frank Quinn” ______________________________________________ Concurrence: Frank Quinn Acting Chief Administrative Officer 1132 Month of EventReason for expenseConferences & SeminarsCommunity EventsBusiness MealsCell Phones / iPadsTotalsBell, CorisaJanuaryCell phone charges53.50 iPad charges18.19 FebruaryCell phone charges53.50 iPad charges18.19 BC Economic Development Assoc. - Ministers Dinner125.00 MarchColumbia Institute - High Ground Governance Forum673.57 Cell phone charges53.50 iPad charges18.19 AprilCell phone charges53.50 iPad charges18.19 MayCell phone charges53.50 LMLGA Conference867.95 iPad charges18.19 JuneCell phone charges53.50 JulyAugustSeptemberOctoberNovemberDecember1,541.52 125.00 - 411.95 2,078.47 Duncan, KierstenJanuaryCell phone charges53.61 iPad charges39.59 Elected officials conference (Richmond)753.75 FebruaryChamber of Commerce - Transportation & Transit referendum luncheon32.95 Cell phone charges53.38 iPad charges39.59 MarchCell phone charges53.50 iPad charges18.19 AprilCell phone charges53.50 iPad charges18.19 MayCell phone charges57.84 LMLGA Conference881.70 iPad charges39.59 JuneCell phone charges53.50 Katzie Protest Event286.41 JulyAugustSeptemberOctoberNovemberDecember1,921.86 32.95 - 480.48 2,435.29 Schedule 12015 Council Expenses Month of EventReason for expenseConferences & SeminarsCommunity EventsBusiness MealsCell Phones / iPadsTotalsMasse, BobJanuaryFebruaryChamber of Commerce - Transportation & Transit referendum luncheon32.95 BC Economic Development Assoc. - Ministers Dinner125.00 Chamber of Commerce - Business Excellence Awards Gala85.00 MarchChamber of Commerce - Finance Ministers Lunch32.95 AprilRCMP Regimental Ball65.00 MayLMLGA Conference350.00 JuneJulyAugustSeptemberOctoberNovemberDecember350.00 340.90 - - 690.90 Read, NicoleJanuaryCell phone charges53.50 iPad charges42.80 FebruaryCell phone charges53.50 iPad charges21.40 MarchCell phone charges53.50 iPad charges21.40 AprilCell phone charges54.32 iPad charges21.40 MayCell phone charges53.50 LMLGA Conference405.00 iPad charges21.40 JuneCell phone charges53.57 JulyAugustSeptemberOctoberNovemberDecember405.00 - - 450.29 855.29 Robson, GordyJanuaryiPad charges18.19 FebruaryiPad charges18.19 MarchiPad charges5.35 AprilRCMP Regimental Ball65.00 5.35 iPad chargesMayLMLGA Conference854.75 iPad charges5.35 JuneJulyAugustSeptemberOctoberNovemberDecember854.75 65.00 - 52.43 972.18 Month of EventReason for expenseConferences & SeminarsCommunity EventsBusiness MealsCell Phones / iPadsTotalsShymkiw, TylerJanuaryCell phone charges58.84 iPad charges18.19 FebruaryCell phone charges58.84 iPad charges18.19 BC Economic Development Assoc. - Ministers Dinner125.00 MarchCell phone charges58.84 iPad charges18.19 MR Community Foundation Citizen of the Year Event100.00 AprilCell phone charges58.84 iPad charges18.19 MayCell phone charges53.50 iPad charges39.59 JuneCell phone charges53.50 JulyAugustSeptemberOctoberNovemberDecember- 225.00 - 454.71 679.71 Speirs, CraigJanuaryiPad charges88.38 FebruaryChamber of Commerce - Business Excellence Awards Gala85.00 iPad charges187.56 MarchColumbia Institute - High Ground Governance Forum270.00 Cell phone charges50.29 iPad charges46.72 MR Community Foundation Citizen of the Year Event100.00 AprilRCMP Regimental Ball65.00 Cell phone charges97.38 iPad charges85.46 MayCell phone charges50.29 LMLGA Conference867.95 iPad charges39.59 JuneFCM Conference799.00 Cell phone charges50.29 JulyAugustSeptemberOctoberNovemberDecember1,936.95 250.00 - 695.96 2,882.91 Totals7,010.08 1,038.85 - 2,545.82 10,594.75 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: 2015-07-20 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement EXECUTIVE SUMMARY: The Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement was due for renewal. The Maple Ridge-Pitt Meadows Parks & Leisure Services Commission reviewed the agreement at its meeting of May 14, 2015 and is forwarding a recommendation to Council for consideration. RECOMMENDATION: That the Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement be renewed for a period of five years from the date of signing, with three additional renewal options of five years each; and That the license period to operate the annual Agricultural Fair be extended from three weeks per year to four weeks per year; and further, That the Corporate Officer be authorized to execute the lease and license agreement. “Original signed by Kelly Swift” _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Recreation Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn Acting/Chief Administrative Officer :ik Attachment: PLS Commission Report – May 14, 2015 Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement 1151 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\PLSC_MR_Fairgrounds_Lse_Agr_Renew_2015-05-14_Attach.docx SUBJECT: MAPLE RIDGE FAIRGROUNDS LEASE AND LICENSE RENEWAL EXECUTIVE SUMMARY: The Maple Ridge-Pitt Meadows Agricultural Association have requested that their Lease and License for the Agricultural Fairgrounds be renewed for a further five years with the option to renew for a further three terms of five years each. RECOMMENDATION: That a recommendation be forwarded to Maple Ridge Council to renew the Maple Ridge-Pitt Meadows Agricultural Association Lease and License Agreement for a period of five years from the date of signing, with three additional renewal options of five years each; AND, That the license period to operate the annual Agricultural Fair be extended from three weeks per year to four weeks per year. DISCUSSION: a) Background Context: Bylaw #566 was adopted by Maple Ridge Council in 1961 to reserve the agricultural fairgrounds for the purpose of holding the annual Agricultural Fair held by the Maple Ridge Agricultural Association. The bylaw also acknowledges that the former fairgrounds site was relinquished by the Agricultural Association in favour of moving the fair to its current site. The Agricultural Association celebrated their 114th annual fair last year, and has the distinction of being the oldest surviving association in Maple Ridge and Pitt Meadows. The Association has grown to become a very popular attraction for our community and also for the region. Participants have competed in various 4H categories from communities throughout BC including, Cowichin Valley, Salmon Arm, North Okanagan and even Prince George. Many of the other agricultural fairs in the region have either disappeared or are much smaller than they once were. Maple Ridge-Pitt Meadows, however, now has the largest 4H show in BC and has exceeded the PNE. The association strongly believes that the “free gate” has played a significant role in the growth of the annual event at the Albion fairgrounds. b) Desired Outcome: For the Lease License agreement to be renewed to accommodate future agricultural fairs for the residents of Maple Ridge and Pitt Meadows, as well as guests from other parts of the Province. c) Strategic Alignment: Safe and Livable Community: by providing for community volunteer opportunities and encouraging active and healthy living amongst citizens. Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING May 14, 2015 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\PLSC_MR_Fairgrounds_Lse_Agr_Renew_2015-05-14_Attach.docx d) Citizen/Customer Implications: The Agricultural Fair attendance increased from approximately 15,000 in 2013 to over 18,000 in 2014. The Maple Ridge-Pitt Meadows fair has continued to grow year over year, when other fairs are disappearing or reducing their events. This is very likely a testament to the dedication of the volunteers who organize and coordinate the annual fair in our community. e) Business Plan/Financial Implications: The Agricultural Association has been provided with a small special event fund of approximately $3,500 which is intended to be used for in kind services from the municipalities. Since the association removed the entrance gate charges a few years ago the association have also been receiving a $12,000 grant from the City of Maple Ridge and a $3,000 grant from the City of Pitt Meadows. f) Policy Implications: Final approval of the Lease License renewal falls under the purview of the City of Maple Ridge. g) Alternatives: Maple Ridge Council could choose not to renew the Lease License agreement, however this is not being recommended by staff. The Maple Ridge Pitt Meadows Agricultural Association has become a “Heritage Organization” in our community, and has contributed significantly to Agricultural advocacy and education throughout its rich history. CONCLUSIONS: The Agricultural Association contributes to Maple Ridge and Pitt Meadows in so many ways in addition to the Annual Fair. These dedicated volunteers are also the dr ivers behind the “Ghost Ridge Haunted House”, and of course the Christmas Hamper Society. They also contribute to Pitt Meadows Day and Earth Day events in both communities. Staff recommends that the Lease and license for the Agricultural Fairgrounds be renewed for a further five years with the option to renew for an additional three terms of five years each. “Original signed by David Boag” Prepared By: David Boag Director, Parks and Facilities “Original signed by Kelly Swift” Approved By: Kelly Swift General Manager, Community Development Parks & Recreation Services :db Attachment – Maple Ridge-Pitt Meadows 1 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx LEASE AND LICENCE AGREEMENT MAPLE RIDGE FAIRGROUNDS THIS INDENTURE made in triplicate as of the 14th day of May, 2015, but actually executed on the day of , 2015 BETWEEN THE CITY OF MAPLE RIDGE, a Municipality incorporated under the "Municipal Act", having its office at 11995 Haney Place, in the Municipality of Maple Ridge, in the Province of British Columbia (hereinafter called the "Landlord") OF THE FIRST PART AND THE MAPLE RIDGE PITT MEADOWS AGRICULTURAL ASSOCIATION, a society duly incorporated under the laws of the Province of British Columbia, and having its office situated at 22448 - 105th Avenue, in the Municipality of Maple Ridge, in the Province of British Columbia (hereinafter called the "Tenant") OF THE SECOND PART WITNESS: That in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto hereby covenant and agree each with the other as follows: 1. (a) The Landlord hereby demises to the Tenant those certain buildings shown circled in black and marked "Red Brick Office" and "Goat Barn" respectively on the plan attached hereto as Schedule "A" (hereinafter called the "Premises"), which buildings are situate on the lands described in Schedule "B" hereto, for a term of five (5) years commencing on the ______day of May, 2015 (hereinafter called the "Term"); (b) The Landlord hereby grants to the Tenant a licence during the Term to operate an Annual Agricultural Fair for a period not to exceed four (4) weeks in aggregate during the month or months of July and August in each year of the Term on the Maple Ridge Fairgrounds which are shown hatched in black on the plan attached hereto as 2 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx Schedule "A" which is attached to and forms part of this Agreement (hereinafter called the "Fairgrounds"); (c) The Tenant agrees that if for any reason this Lease is surrendered or terminated, the licence herein granted shall concurrently be cancelled and of no further effect, all without further written instrument; (d) The demise of the Premises and the grant of the licence to use the Fairgrounds is in accordance with the terms and conditions herein contained. 2. Yielding and paying during the Term a rent of One Dollar ($1.00) payable in advance. 3. THE TENANT COVENANTS AND AGREES with the Landlord: (a) To remain current and in good standing as an incorporated non-profit society under the laws of the Province of British Columbia; (b) to pay every business tax and licence fee in respect to any and every business carried on at the Premises and at the Fairgrounds during the Tenant's occupancy periods thereof in respect to the occupancy by the Tenant or persons permitted by it to be on the Fairgrounds by the Tenant during the occupancy periods whether such tax or licence fees are charged by the Municipal, Provincial or Federal government or any other body; (c) (i) subject to section 4 herein, to take good and reasonable care of the Fairgrounds and of the buildings, improvements, fixtures and equipment now and hereafter located thereupon during the time of occupancy by the Tenant and to make all repairs to the same where required as a result of the Tenant's occupancy of the Premises and Fairgrounds; (ii) subject to section 4 herein, to make all repairs and replacements to the Premises and to maintain the Premises in a good and substantial state of repair, reasonable wear and tear excepted; (d) subject to section 4 herein, to implement all necessary procedures to ensure cleanliness and security of the Fairgrounds during occupancy by the Tenant; (e) to keep all personal equipment and furnishings in good repair and in safe operating condition while located on the Fairgrounds or the Premises; (f) to use the Premises only for the purpose of the storage of equipment used by the Tenant in connection with the Tenant's Annual Agricultural Fair and for the housing of animals during the Annual Agricultural Fair and to only use the Fairgrounds for the purpose of the Tenant's Annual Agricultural Fair and not use or occupy the Premises or the Fairgrounds or suffer or permit the same to be used for or occupied for any unlawful purpose or for any dangerous trade or business or to endanger the general public or neighboring properties and not to undertake any excavation or operation likely to cause the same, nor to commit or suffer to be done any waste, damage, disfigurement or injury to the Premises or any building or other part of the Fairgrounds or any improvement thereon; 3 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx (g) to observe and fulfill the provisions and requirements of all statutes, orders in Council, by-laws, rules and regulations, Municipal, parliamentary or by other lawful authority relating to the use and occupancy of the Premises and the Fairgrounds and without limitation thereto to comply with all applicable recommendations of the Insurers Advisory Organization of Canada or anybody having similar functions or of any liability or fire insurance company by which the Tenant or Landlord may be insured; (h) not to erect any permanent signs or construct any new facilities or construction in addition to the existing facilities nor to develop the Premises or the Fairgrounds in any way without first having obtained written permission to do so from the Landlord; and that the Premises, all buildings situate on the Fairgrounds at the commencement of the Term and any new facilities or buildings which are constructed in or on the Premises or the Fairgrounds by the Tenant subsequent to the commencement of the Term, shall not be removed by the Tenant at the expiration or earlier termination of the Term of this Lease and shall become the property of the Landlord at such time; (i) not to assign or transfer this Lease or the licence herein contained. This paragraph should not be construed as preventing the Tenant from granting sublicenses of part of the Fairgrounds, without the written consent of the Landlord, for the period of time during the Annual Agricultural Fair; (j) to indemnify and hold the Landlord harmless from all and any legal liability for loss or damage resulting from bodily injury to or sickness or death of any person or persons, or from damage to all property (including without limitation, all equipment, machinery and animals) of others related to the Tenant's use or occupation of the Premises and the Fairgrounds; except with respect to liability resulting from the negligence of the Landlord; (k) to obtain and maintain during the term of this Agreement a public liability insurance policy providing for at least Five Million Dollars ($5,000,000.00) coverage or such larger sum as may be requested by the Landlord, acting reasonably from time to time and name the Landlord as an insured party on that policy; Notwithstanding the above, the Tenant shall ensure that organizers of events during the Annual Agricultural Fair involving the higher degree of risk than normal (i.e. racing of any type and competitions involving motorized vehicles) carry liability insurance for the event in such amounts as the Landlord may, from time to time, reasonabl y require, naming both the Landlord and the Tenant as insured parties on the policy. Receipts or other satisfactory evidence as to payment of such insurance and the insurance referred to in this paragraph 3.(k) and renewal premiums therefor shal l be forwarded to the Landlord; (l) to deposit with the Landlord, on or before the commencement of this Lease, and, promptly upon the Landlord's request therefor, at any time during this Lease all policies of insurance or certificates thereof showing proof of the required insurance noted above; 4 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx (m) that at all times other than the period referred to in paragraph 1.(b) hereof, the Landlord shall have the right to use the Fairgrounds (including all buildings thereon, whether or not the property of the Tenant, excluding, however, the Premises) for whatever purpose it so chooses, provided however that the Landlord shall not damage the facilities required by the Tenant in running the Annual Agricultural Fair and in particular, without limiting the generality of the fo regoing, the main show ring, the forestry show area, including competition poles and the wash racks; (n) not to display any permanent sign of any kind anywhere outside the Premises or on the Fairgrounds without first obtaining the approval of the Land lord as to design, size and location, which approval the Landlord agrees not to unreasonably withhold or delay. Such signs shall be installed and removed at the expense of the Tenant. 4. IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties that: (a) (i) if the Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos, conditions, rules or regulations and other obligations on the part of the Tenant to be kept, observed or performed hereunder, or if the Tenant does not hold an Agricultural Fair during any two consecutive years, or if this Lease shall have become terminated pursuant to any provision hereof, or if the Landlord shall have become entitled to terminate this Lease and shall have given notice terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding. If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to terminate this Lease forthwith by leaving upon the Premises notice in writing of such termination; (ii) if any policy of insurance upon the Premises or the Fairgrounds from time to time effected by the Landlord shall be cancelled or about to be cancelled by the insurer by reason of the use or occupation of the Premises or the Fairgrounds by the Tenant or any assignee, subtenant or licensee of the Tenant or anyone permitted by the Tenant to be upon the Premises or the Fairgrounds and the Tenant after receipt of notice in writing from the Landlord shall have failed to take such immediate steps in respect of such use or occupation as shall enable the Landlord to reinstate or avoid cancellation of (as the case may be) such policy of insurance, the Landlord may at its option terminate this Lease by leaving upon the Premises notice in writing of such termination; (b) (i) the Premises and certain of the buildings at present situate on the Fairgrounds were erected and paid for by the Tenant and are on property which is presently owned by the Landlord. The Tenant acknowledges and agrees that the Premises and such buildings are the property of the Landlord and that any future buildings constructed on the Fairgrounds by and at the expense of the Tenant shall be the property of the Landlord; 5 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx (ii) if during the Term the Landlord desires to use the Fairgrounds for some purpose which would prevent the Tenant from holding its Annual Agricultural Fair thereon, the Tenant agrees to surrender this Lease to the Landlord and to terminate the licence herein at the written request of the Landlord, provided that such surrender and termination shall take effect two (2) years after receipt of such request from the Landlord. In such event the Landlord will pay to the Tenant the cost of moving the existing buildings to a new site provided by the Landlord or the cost of rebuilding similar buildings on a new site (provided the Tenant has first agreed in writing that the Tenant shall hold its Annual Agricultural Fair on such new site), whichever is the lesser and in the event the parties cannot agree on such value, the matter shall be referred to arbitration under the Commercial Arbitration Act of British Columbia. The parties agree that the plans for any new buildings would be subject to the consent of the Tenant (which consent the Tenant agrees not to unreasonably withhold or delay) and that the payment for the cost of such construction by the Landlord would be in accordance with the normal procedures for construction financing by recognized lenders. The parties hereto agree that the rights given to the Tenant pursuant to this section 4.(b) (ii) are only effective during the Term hereof and any exercised renewal thereof and shall not be applicable to any subsequent lease or license agreement which may be entered into between the parties hereto respecting the Premises or the Fairgrounds; (c) the Landlord will be responsible for management and maintenance of the Fairgrounds and buildings thereon except during the period that the Fairgrounds and the said buildings are used for the Annual Agricultural Fair, during which period of time, the Tenant will be responsible for their daily repair and maintenance in the manner referred to in section 3.(c) (i) hereof. The said management of the Fairgrounds will be undertaken with the assistance provided through the advisory committee consisting of the Board of Directors of the Tenant and two members of the Parks & Leisure Services Commission of the Landlord, and one representative of the Council of the Landlord; (d) during each year of the Term, the members of the Tenant as outlined in Schedule "C" which is attached to and forms part of this Agreement, shall have first priority at booking Fairgrounds or any part thereof outside of the period of the Annual Agricultural Fair provided that the requests for such booking are received by the Landlord on or before the 1st day of March in each year; (e) the Tenant covenants that it will not suffer or permit any builders' liens to be registered against the Premises or the Fairgrounds and should any such lien be so registered, the Tenant shall pay off and discharge the same forthwith, and should the Tenant fail or neglect to do so within thirty (30) days after the written notice therefrom the Landlord, the Landlord shall be at liberty to pay and discharge such lien and such sum including costs and together with interest thereon at the rate referred to in section 4.(r) hereof from the date of payment shall forthwith be paid by the Tenant to the Landlord on demand, the amount so paid which shall thereupon become due and payable on demand hereunder, provided that in the event of any dispute by the Tenant of the validity or correctness of any such claim for lien, the Tenant shall be entitled to defend against same in any proceedings brought in respect thereof, after first paying into court the amount claimed, and such costs as 6 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx the court may direct, or may provide such other security as the Landlord may in writing approve to ensure payment thereof; provided further, that upon determination of the validity of such lien, the Tenant shall immediately pay any judgment in respect thereof rendered against the Tenant or the Landlord, including all proper costs and charges accrued by the Landlord and the Tenant in connection with any such lien, and shall cause the discharge thereof to be registered without cost or expense to the Landlord, following which or in the event that any such lien is held to be invalid, any security as aforesaid held by the Landlord shall be returned to the Tenant and the Tenant shall be entitled to repayment of all monies paid into court. The Landlord may post notices on the Premises and the Fairgrounds in accordance with section 13 of the Builders Lien Act; (f) no term, condition, covenant or other provision herein shall be considered to have been waived by the Landlord unless such waiver is expressed in writing to the Tenant. The waiver by the Landlord of any breach by the Tenant of any term, condition, covenant or other provision herein shall not be construed as, or constitute a waiver of any future breach of a similar nature; (g) any notice to be given pursuant to this Lease shall be in writing and shall be sufficiently given if delivered personally or mailed by prepaid registered post and in the case of the Landlord, addressed to: The City of Maple Ridge 11995 Haney Place Maple Ridge, B.C. V2X 6A9 Attention: Parks and Facilities Director with a copy to the Municipal Clerk at the same address and, in the case of the Tenant, addressed to: The Maple Ridge/Pitt Meadows Agricultural Association P.O. Box 403 Maple Ridge, B.C. V2X 8K9 The date of the receipt of any such notice shall be deemed conclusively to be the day of the service if such notice is served personally, or mailed, on the fourth business day after such mailing; (h) in this Lease all words in the neuter shall include the masculine or feminine or the body corporate or political and all words in the singular shall include the plural when the context requires; (i) if the Landlord shall suffer or incur any damage, loss or expense or be obliged to make any payment for which the Tenant is liable by reason of any failure of the Tenant to observe and comply with all of the covenants of the Tenant herein contained, then the Tenant shall pay to the Landlord upon demand being made therefor, such costs together with interest thereon at the rate referred to in section 4.(r) hereof from the date such costs are incurred to the payment thereof; 7 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx (j) in case the Tenant shall become insolvent or bankrupt or make an assignment for the benefit of creditors, or if proceedings be begun to wind up the Tenant, or in case the Annual Agricultural Fair is not operated during any two consecutive years or is operated by other person or persons, or for any other purpose than as hereinbefore provided, without the written consent of the Landlord, this Lease shall, at the option of the Landlord, cease and void, and the Term hereby created expire and be at an end; (k) if the Tenant shall violate or neglect any covenant, agreement or stipulation herein contained on its part to be kept, performed or observed and any such default on the part of the Tenant shall continue for five days after the written notice thereof to the Tenant by the Landlord, then and in any such case the Landlord, in addition to any other remedy now or hereafter provided by law, may terminate this Lease immediately upon giving written notice of such termination to the Tenant; (l) time shall be of the essence in this Lease; (m) the Landlord at any time and from time to time may enter the Premises and the Fairgrounds for the purposes of inspection, maintenance or making repairs to the Premises and the Fairgrounds; (n) the Tenant agrees not to register this Lease; (o) if the Tenant shall continue to occupy the Premises after the expiration of this Lease without any further written agreement and without objection by the Landlord, the Tenant shall be a monthly tenant at a monthly rent equal to One Dollar ($1.00) and (except as to length of tenancy) on and subject to the provisions and conditions herein set out; (p) if the Tenant duly and punctually pays the rent hereby reserved and duly and punctually performs the covenants herein on its part contained, it shall and may subject to the terms of this Lease peaceably possess and enjoy the Premises for the Term hereby granted without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming by, from or under it; (q) the Tenant acknowledges and agrees that it is intended that this Lease and licence shall be completely carefree and net for the Landlord except as shall be otherwise provided in the specific provisions contained herein, and that the Landlord shall not be responsible during the Term for any costs, charges, expenses and outlays of any nature whatsoever arising from or relating to the Premises and the Fairgrounds, and the Tenant, except as shall be otherwise provided in the specific provisions contained herein, shall pay all charges, impositions and costs of every nature and kind relating to the Premises and the Fairgrounds whether or not referred to herein and whether or not within the contemplation of the Landlord or the Tenant and the Tenant covenants with the Landlord accordingly; 8 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx (r) if the Tenant fails to pay when due and payable any rent or other amount due to the Landlord hereunder, the unpaid amounts will bear interest from the due date thereof to date of payment at the rate of interest declared by any one of the five largest Canadian chartered banks, as selected by the Landlord, at such bank's principal office in Vancouver, British Columbia at the rate of interest used by such bank as a benchmark for setting rates of interest for loans in Canadian dollars and commonly referred to by such bank as its "prime rate" plus two percent (2%) per annum, compounded monthly. 5. The Landlord shall at the expiration of the Term (or the first or second renewal term, as the case may be), upon the Tenant's written request delivered or mailed to the Landlord not later than six (6) months prior to the expiration of the Term (or the first or second renewal term, as the case may be), grant to the Tenant one renewal lease of the Premises, together with a renewal license of the Fairgrounds, for a term of five (5) years upon all the terms, covenants, agreements and provisos contained in this Lease and Licence Agreement, (except in the third renewal lease and licence only this right of renewal). The Landlord and the Tenant acknowledge and agree that, by this section 5, the Tenant is only given the option o f renewing the Term of this Lease and Licence 9 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx Agreement for three renewal terms of five (5) years each and at the expiration of the third renewal term there shall be no further rights of renewal. IN WITNESS WHEREOF the Tenant and the Landlord have executed this Agreement, the day and year first above written. THE CORPORATE SEAL of THE CITYOF MAPLE RIDGE was hereunto affixed in the presence of: ) ) ) ) Authorized Signatory ) ) ) ) Authorized Signatory SIGNED, SEALED and DELIVERED by the ) TENANT in the presence of: ) ) THE MAPLE RIDGE/PITT MEADOWS ) AGRICULTURAL ASSOCIATION ) Name ) ) ) ) Per: Address ) Title: ) ) Per: ) Title: Occupation (witness as to both signatures) 11 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx SCHEDULE “B” The Agreement made between The City of Maple Ridge, as Landlord and the Maple Ridge/Pitt Meadows Agricultural Association, as Tenant. ALL AND SINGULAR a portion of that certain parcel or tract of land situate, lying and being in the Municipality of Maple Ridge, in the Province of British Columbia, and more particularly known and described as: Lot Seven (7) of Blocks Six (6) and Seven (7) of Lot “B” of Lot Two Hundred and Seventy-Five (275) and of Parcel “A” of Lots Four Hundred and Six (406) and Four Hundred and Eight (408) and of Parcel “F” of Lot Four Hundred and Five (405), Group One (1), Plan Eight Th ousand Eight Hundred and Twenty-Seven (8827) EXCEPT FIRSTLY: Part Subdivided by Plan Ten Thousand One Hundred and Thirty-One (10131) thereof and SECONDLY: Parcel “A” (Reference Plan 13150) thereof New Westminster District. 12 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015- 07-20_COW\CDPR\Ag lse lic\MR_PM_Ag_Assoc_Lse_Lic_2015.docx SCHEDULE “C” List of Maple Ridge/Pitt Meadows Agricultural Association Membership and Preferred Users 1. Maple Ridge/Pitt Meadows Agricultural Association 2. Maple Ridge/Pitt Meadows 4H Clubs (Including, but not limited to, the 4H Beef Club, the 4H Sheep and Wool Craft Club, the 4H Goat Club, the 4H Horse Club, the 4H Dairy Club, the 4H Rabbit Club, and the 4H Sewing Club) 3. Maple Ridge Tiding and Driving Club 4. Maple Ridge Trail Riders 5. East maple Ridge Pony Club 6. Heavy horse and Mule Association 7. Vancouver Poultry and Fancy Pigeon Association 8. Western Pheasant and Water Fowl Association City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: Agricultural Association - Operating Agreement EXECUTIVE SUMMARY: The Maple Ridge-Pitt Meadows Parks & Leisure Services Commission reviewed the Agricultural Association’s operating agreement at its meeting of April 9, 2015, however; the agreement contained language that was a duplication of the lease/licence agreement and additional amendments were required. The report went back to the Commission in June and the recommendations are now referred to Council for consideration. A copy of the April and June Commission reports are attached as background information. RECOMMENDATIONS: a)That the Festival Fund grant awarded to the Agricultural Association be combined with other municipal grant funding under a Commission administered Operating Grant agreement; and b)That an amount of $12,000 be allocated from the Maple Ridge Community Grant toward a multi-year Operating Grant with the Maple Ridge and Pitt Meadows Agricultural Association to be administered by the Maple Ridge-Pitt Meadows Parks & Leisure Services Commission. “Original signed by Kelly Swift” _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Leisure Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn Acting/Chief Administrative Officer :ks Maple Ridge-Pitt Meadows Parks & Leisure Services Commission Report s - April 9 and June 11, 2015 Agricultural Association Operating Agreement 2015 1152 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\Ag op agr\PLSC_Ag_Assoc_Operating_Agr_Update_2015-06-11_Attach.docx SUBJECT: Agricultural Association – Operating Agreement Update EXECUTIVE SUMMARY: The City of Maple Ridge has a long history with the Maple Ridge -Pitt Meadows Agricultural Association (Association) and a history of agreements with the Association for its use of park space for agricultural programs. The Commission previously approved a proposed Operating Agreement for the Association in April 2015, however the agreement contained language that was a duplication of the lease/license agreement for the Agricultural Fairgrounds, therefore staff are recommending the attached amended version that is exclusive to the Operating Agreement language and sections be approved. It has been identified that the Operating Agreement should not overlap in regards to any reference to the lease/license arrangements. It is recognized that the two agreements need to be coordinated to ensure alignment with the lease/license agreement. The Operating and Lease/License Agreements have not been forwarded to Maple Ridge Council in order for Commission to consider the proposed amendments to the Operating Agreement. When approved, the documents will be forwarded to Maple Ridge Council at the same time. RECOMMENDATION: That the amended Maple Ridge-Pitt Meadows Agricultural Association Operating Agreement be received and approved; AND, That the updated Operating Agreement be forwarded to Maple Ridge Council for consideration. DISCUSSION: a) Background Context: The Operating Agreement contains a number of clauses which appear to be a duplication of clauses in the Lease/License Agreement with the Agriculture Association. The proposed amended Operating Agreement is attached. The amendments include:  All references to the Lease including the legal land description, booking times and duration, equipment, and site cleanliness and safety, have been deleted.  Clarification throughout the document that the operating funds are provided t o support the annual production of the Country Festival and the agricultural programs and services.  References to the operation of the Fairgrounds have been removed and further clarification outlined as a Parks and Facilities responsibility.  Overholding clause was deleted and clarification of renewal options to specify three consecutive options to renew the Agreement, each option being for a further term of three years on the same terms and conditions which aligns with other similar agreements. b) Desired Outcome: To have the Operating Agreement and Lease/License Agreement in alignment. Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING June 11, 2015 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\Ag op agr\PLSC_Ag_Assoc_Operating_Agr_Update_2015-06-11_Attach.docx c) Strategic Alignment: Recommendations align with the 2010 Parks, Recreation and Culture Master Plan directions (6.5 Cultural Facilities, Arts, Culture and Heritage), the Commission’s Asset Based Community Development and Volunteer Policies. d) Citizen/Customer Implications: The proposed updated Agreement contributes to encouraging positive agricultural opportunities, education and citizen engagement in local agriculture and food security, as well as the development of a safe, affordable, vibrant, and livable community. e) Business Plan/Financial Implications: The proposed updated Agreement aligns with the business plan goals. Funding for the Association for 2015 has been approved by Commission under the Festival Fund budget envelope. Since the March meeting, the municipal grant for the Association was approved for $12,000. In addition, it should be noted that there was a clause in the Agreement that allows either party to cancel the agreement with notification, specifically 6 months notice (180 days). CONCLUSIONS: The Operating Agreement with the Agricultural Association demonstrates civic support of a historical legacy that showcases agriculture and farming for future generations. In addition, it aligns with the agreements in place with community partners. Staff recommends that the Commission approve the amended Operating Agreement and that it be forwarded to Maple Ridge Council for approval. “Original signed by Yvonne Chui” Prepared By: Yvonne Chui, Recreation Manager, Arts & Community Connections “Original signed by Sue Wheeler” Reviewed By: Sue Wheeler Director, Community Services “Original signed by Kelly Swift” Approved By: Kelly Swift General Manager, Community Development Parks & Recreation Services :yc Attachments: Agricultural Association Operating Agreement (revised) Agricultural Association Operating Agreement – PLSC Report April 9, 2015 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\Ag op agr\PLSC_Ag_Assoc_Operating_Agr_2015-04-09_Attach.docx SUBJECT: AGRICULTURAL ASSOCIATION – OPERATING AGREEMENT EXECUTIVE SUMMARY: This report recommends that Commission and Councils work to streamline the funding structure for the Maple Ridge and Pitt Meadows Agricultural Association (Agricultural Association). At this time, the recommendation pertains to the City of Maple Ridge Community Grant and the Festivals Support Fund Grant by proposing that Commission recommend to the City of Maple Ridge that the annual Community Grant allotment typically provided to the Agricultural Association be combined with the annual Festival Fund that the Agricultural Association also receives, and that both be administered by Commission under an Operating Agreement structure which is a longer-term vehicle that requires renewal at three year intervals rather than an annual process. RECOMMENDATION: That the Festival Fund grant awarded to the Agricultural Association be combined with other municipal grant funding under a Commission administered Operating Grant agreement; and, That a recommendation be forwarded to Maple Ridge Council to allocate $12,000 from the Maple Ridge Community Grant toward a multi-year Operating Grant with the Maple Ridge and Pitt Meadows Agricultural Association to be administered by Commission; and, That upon endorsement by Maple Ridge Council, that the Chair and General Manager, Community Development, Parks and Recreation Services be authorized to execute the proposed Operating Agreement dated 2015-04-15 with the Agricultural Association. DISCUSSION: a) Background Context: The Association, formed on June 15, 1901, has a long history in the community and the City of Maple Ridge has always made an effort to ensure that the Fair has a permanent site. Originally located in the heart of Maple Ridge, the Fair moved to its site in 1956 when the c urrent Fairgrounds were purchased for that specific purpose. The original commitment of the Association at the time of its inception is one that it still works to live up to today. Although the wording has changed over time, the Association remains committed to promoting and educating the public about the importance of agriculture in our daily lives. The Association has worked hard to develop a National and Provincial award winning, family-oriented, educational annual event. The event is named “Maple Ridge – Pitt Meadows COUNTRY FEST” and is held near the end of July each year. In 2008, the Association was at a crossroads faced with the uncertainty of bad weather impacts and dropping attendance due to the rising gate admission fees. At that time, it was recognized that for community fairs to survive the funds generated from the admission fee needed to come from another consistent source of funding. As a result, through the City of Maple Ridge Community Grant, the Association has received an annual amount of $12,000. This consistent Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING April 9, 2015 \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\Ag op agr\PLSC_Ag_Assoc_Operating_Agr_2015-04-09_Attach.docx funding has paid off as Country Fest continues to thrive and grow with a healthy annual attendance of approximately 18,000 people over the weekend festival. Fair organizers report that this consistent funding has allowed them to move to a free admission format that has contributed to maintaining a family-oriented audience and strong attendance rate. In the April 8, 2014 City of Maple Ridge Community Grants Council report it was noted that for organizations such as the Association that receive funding from more than one municipal source, that staff would be reviewing these grants to explore the efficiencies of administering the grants under one agreement administered by Commission. Staff have completed this review and are recommending that the Maple Ridge Community Grant annual fund be combined with the Festivals Support Fund annual allocation under an Operating Agreement. Currently, the Agricultural Association holds a lease agreement wi th the City of Maple Ridge, and is awarded funding through three separate municipal sources. An update to the lease agreement between the City of Maple Ridge and the Agricultural Association that pertains to the use of the Fairgrounds is underway now and will be coming forward in the near future. The three Municipal funding sources that support the Agricultural A ssociation are described below. 1. A City of Maple Ridge Community Grant of $12,000. The City of Maple Ridge Community Grant fund was first awarded in 2008 under a Fee for Service Agreement that focused on the Association accepting responsibility for hosting the annual Country Fair at a low cost making it accessible for families (through elimination of the gate entrance fee), providing agricultural education activities, and participating in the Agricultural Advisory Committee of Council. 2. A Fee for Service Agreement with the City of Pitt Meadows of $3,000. The City of Pitt Meadows entered into a Fee for Service Agreement with the Association ($3,000) at the same time as Maple Ridge did with a contribution that was proportional ly based on population to the City of Maple Ridge agreement. The City of Pitt Meadows Agreement is not the subject of this report; however, staff suggest that this structure be reviewed at the conclusion of the term of their current agreement to consider including all funding under one operating agreement. The Fee for Services Agreement with the City of Pitt Meadows is in effect until the end of 2016. 3. A Festivals Support Fund grant of $5,000 administered by Parks and Leisure Services Commission. Under the Festival Support Fund the Association receives an annual grant of $5,000 that includes in-kind support specifically for the Country Fest event. This grant, which has been approved by Commission for this calendar year, is primarily focused on supporting the Country Fest program. For clarity we should note that in addition to the municipal grants, a significant portion of the Agricultural Associations operating budget is generated through fundraising, revenue generation and other grant opportunities. The above grant structure creates a complex application and approval process that can be streamlined through the creation of one operating agreement that incorporates the above components. An additional benefit is the provision of greater assurance of a sustainable funding model to the Agricultural Association. As with other recent Commission agreement updates, the format of an Operating Agreement is being proposed to replace the former Fee for Service Agreement structure. The Operating \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\Ag op agr\PLSC_Ag_Assoc_Operating_Agr_2015-04-09_Attach.docx Agreement structure is recommended to address concerns related to service taxation and also to better position these not-for-profit organizations to receive grant funding from other sources. The proposed Operating Agreement is consistent with the new agreement templates developed this year for major community partners and some highlights include:  The proposed Agreement was changed from a Fee for Service format to an Operating Agreement to reflect the current practice but more importantly to remove any barriers for the Association to raise funds as an independent society.  The proposed Agreement has been streamlined with the Lease documents, which are pending renewal.  Performance focus areas have been clarified and outlined. Upon approval staff will work with the Association to design a reporting framework.  The Proposed Agreement outlines the Associations’ role in regards to programming and services including the provision of educational and cultural activities and events related to farming and agriculture, as well as a commitment to providing low cost family-oriented opportunities designed to increase citizen understanding and connection to agriculture. b) Desired Outcome: The desired outcome is to increase education and understanding of the importance of agriculture and food security in Maple Ridge and Pitt Meadows and provide assistance towards the sustainability of this long standing community-based organization. c) Strategic Alignment: Recommendations align with the 2010 Parks, Recreation and Culture Master Plan directions (6.5 Cultural Facilities, Arts Culture and Heritage), the Commission’s Asset Based Community Development and Volunteer Policies. d) Citizen/Customer Implications: The proposed Agreements contribute to encouraging positive agricultural opportunities, education and citizen engagement in local agriculture and food security, as well as the development of a safe, affordable, vibrant, and livable community. Agriculture is recognized as an important aspect of a community’s cultural life and the Association contributes to this by providing low cost family-oriented opportunities. e) Business Plan/Financial Implications: The proposed Agreements align with the business plan goals. Funding for the Association for 2015 has been approved by Commission under the Festival Fund bud get envelope. The 2015 City of Maple Ridge Community Grant funding is pending approval but it includes a recommendation of $12,000 in funding toward the Agricultural Association as has been the past practice. Staff’s recommendation is that these funds be combined under the proposed annualized Operating Agreement subject to Commission’s annual budget approval. The Operating Agreement is proposed for a 3 year term which is consistent with all other agreements with community partners and funding is subject to regular budget approvals. CONCLUSIONS: Since 1901 the Agricultural Association has been embedded in the history of both communities with a strong tradition of hosting the annual Country Fest Fair. The Association supports agriculture through the provision of educational activities and services and the operation of the Fairgrounds for the community. Furthermore, the Association has been recognized by provincial organizations for its \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2015\2015-07- 20_COW\CDPR\Ag op agr\PLSC_Ag_Assoc_Operating_Agr_2015-04-09_Attach.docx leadership in fairs and exhibitions. One example is a community engagement award received in 2014. These agreements will be more effectively and efficiently managed under one operating agreement and will provide a measure of stability for the Association to leverage other fundraising activities and secure the site to celebrate agricultural history. “Original signed by Yvonne Chui” Prepared By: Yvonne Chui, Recreation Manager, Arts & Community Connections “Original signed by Sue Wheeler” Reviewed By: Sue Wheeler Director, Community Services “Original signed by Kelly Swift” Approved By: Kelly Swift General Manager, Community Development Parks & Recreation Services :yc Attachment – Agricultural Association Operating Agreement C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 1 AGRICULTURAL ASSOCIATION OPERATING AGREEMENT THIS AGREEMENT made as of the 15th day of April, 2015 BETWEEN: CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, B.C.V2X 6A9 (the “City of Maple Ridge”) AND CITY OF PITT MEADOWS,12007 Harris Road, Pitt Meadows, B.C. V3Y 2B5 (the “City of Pitt Meadows”) (collectively, the “Maple Ridge and Pitt Meadows Parks and Leisure Commission”or “Commission”) OF THE FIRST PART AND MAPLE RIDGE AND PITT MEADOWS AGRICULTURAL ASSOCIATION, a Association duly incorporated under the Societies Act of the Province of British Columbia and registered under number S-9295, having an office at the Albion Fairgrounds, Maple Ridge, B.C., V2X 6G1 (the “Association”) OF THE SECOND PART WHEREAS: A.The Commission provides parks and leisure services to the residents of Maple Ridge and Pitt Meadows through the exercise of authority delegated separately by the City of Maple Ridge and the City of Pitt Meadows pursuant to a Joint Service Agreement dated July 22, 2008; B.The Commission and the Association desire to provide for the co-ordination and provision of agricultural and farming programs and services for the benefit of the residents of Maple Ridge and Pitt Meadows and to provide for the operation of the annual Country Festival (the “Fair”)at the Albion Fairgrounds as particularized in Part II of this Agreement (the “Operations”); C.The Association is a leadership organization that plays a key role to strengthen community agriculturally based groups; to build community wide connections and networks and to C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 2 encourage an understanding of farming and agriculture in creating a healthy, vibrant community. D.The Association operates as a not-for-profit member based organization governed by a Board of Directors and managed by paid staff dedicated to promoting and encouraging appreciation for agriculture as stated and outlined in the Association’s Constitutional Purposes (attached hereto as Schedule A).It has the capacity to align activities, programs and operations with the Association’s Constitution. E.The Commission is prepared to pay an operating grant to the Association towards the annual production of Country Festival and provision of agricultural programs and services for the community; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein and of other good or valuable consideration provided for herein (the receipt and sufficiency whereof is hereby acknowledged by each of the parties), the parties hereto agree as follows: PART I –Agreement The parties confirm that the City of Maple Ridge has granted an Operating Agreement with the Association for a term of three years commencing the 15th day of April 2015.The Society shall have three (3) consecutive options to renew the Operating Agreement, each option being for a further term of three (3) years on the same terms and conditions contained herein, save and except for this covenant for renewal which will be modified so as to successively reduce the number of remaining options to renew. PART II –OPERATIONS OF ANNUAL FESTIVAL AND AGRICULTURAL EDUCATION AND FUNDING Operating Funds 1.The Commission agrees to pay to the Association the following funds to manage and operate the annual Country Fair and towards the provision of agricultural programs and services in accordance with and subject to the terms and conditions outlined in the Agreement: a.For the 2015 calendar year,an annual amount of $17,000,to be paid in two equal installments on Jan. 31 and July 31; b.For the 2016 calendar year,an annual amount of $17,000 to be paid in two equal installments on Jan. 31 and July 31; c.For the 2017 calendar year,an annual amount of $17,000, to be paid in two equal installments on Jan. 31 and July 31 (collectively, the “Operating Funds”) All Operating Funds payments shall be subject to deduction of any amounts paid by the Commission under this Agreement on behalf of the Association, and of any amounts owed by the Association to the Commission. Conditional Entitlement C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 3 2.The obligation of the Commission to pay the Operating Funds in any year is subject to the establishment of the Commission’s annual budget by the City of Maple Ridge and the City of Pitt Meadows.The Commission shall budget for the Operating Funds; however, it is understood and acknowledged that if the Operating Funds budgeted by the Commission are reduced, the Commission and the Association agree to review and proportionally reduce the level of responsibilities to be provided by the Association under this Agreement. Commission’s Covenants 3.The Commission agrees: a.to assign a staff liaison (the “Staff Liaison”)to attend the meetings of the Board of Directors of the Association and the general meetings of the Association including strategic planning as a non-voting observer for the purpose of facilitating communication between the Commission and the Association as needed; b.the Staff Liaison shall be the manager of this Agreement on behalf of the Commission; c.to provide to the Association advertising space in its Arts and Recreation Guide (the “Guide”)for its major agriculture programs and services within the festivals listings page in the Guide and as space may become available as determined by the Commission,without cost to the Association,and to do its utmost to promote and publicise the Association’s programs and services through the distribution of the Guide and any other avenues that may be available and appropriate; d.to provide access to Commission’s Fairgrounds for the Association’s additional agricultural programs at no cost,waiving base rent and pending availability based on the Association’s historic use of this property.The Association will be responsible for any additional expenses incurred by the Commission beyond base rent (e.g. Parks staff provides some labour assistance with set up and tear down for the annual Fair which is paid by the Association using a portion of the operating grant). For other additional uses,the Commission will provide access to parks and leisure services facilities other than the Fairgrounds in accordance with current booking and scheduling policies and procedures, and to charge the Association in accordance with the current fees and charges policy (see website www.mapleridge.ca), noting that the Association shall be classified as a non-profit recreational group warranting the subsidies for facility rental contained in that policy for such groups. The Association will be responsible for any additional related expenses in operating a program from any of these facilities. Association’s Covenants 4.The Association agrees with the Commission and with the City of Maple Ridge and the City of Pitt Meadows: a.to operate the annual Country Fair and agricultural programs in accordance with this Agreement for the intended purposes of the Fairgrounds including farming and C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 4 agricultural programs,exhibitions,attractions, community heritage gatherings, meetings,presentations,and events and for no other purpose save and except that which may be approved by the Commission from time to time. The Association will establish operating policies and procedures for its programs in line with its business plan; b.to provide the agricultural and farming programs and services which will be functioning primarily within the Commission’s geographic area of jurisdiction, within the limits of available resources; c.to deliver agricultural programs and services that take into consideration the following Commission’s performance focus areas: i.community capacity building, ii.collaborative community planning, iii.community engagement in agriculture, iv.quality arts/cultural experiences related to agriculture, v.efficient and sustainable operations, vi.organizational capacity building. d.when developing agricultural programs and services,to take into consideration a community development approach to provide member agriculture groups, community groups, school district, business and individuals the opportunities to connect, link, learn together, share assets and common interests, network and co -create through agriculture and farming where possible; e.to actively participate in collaborative planning opportunities and city-wide initiatives related to agriculture and farming (e.g.Agricultural Advisory Committee, promotions, volunteerism, assessments and community development)that align with Commission’s policies, vision and goals for the community and partners at large and the Association’s goals within available resources; f.to provide equal and reasonable opportunity for access to the Associations programs and services for all local organizations and residents; g.to respond to requests from schools and introduce students to the community’s farming heritage and the importance of agriculture as resources permit; h.to plan, promote and coordinate all aspects of a diversity of agricultural and farming activities and educational programming including the annual Country Fair for all age groups in similar variety, quantity, and quality to those provided in communities of similar size in the Province of British Columbia which provide similar resources for such services as are included in this Agreement. Further the Commission recognizes that funding beyond the Agreement is required to undertake all programs, operations and services; C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 5 i.within the Association’s available resources,to conduct surveys and evaluations and compile and analyze statistics and data on programs and services to inform and meet business planning processes, monitoring and reporting requirements; j.to advertise the agriculture and cultural programs in the Commission’s Cultural and Recreation Guide, space permitting,in accordance with all deadlines and standards established by the Commission for the production of the Guide in addition to utilizing other appropriate advertising methods; k.to encourage participation and provision of training and professional development opportunities for the Board of Directors, staff and volunteers of the Association within available resources in the Association’s annual budget as part of best practises for a non-profit organization and in accordance with the Association’s governance policy; l.to use good board governance practices and procedures including understanding of fiduciary duties; m.to apply and maintain quality human resources management practices for non-profit organizations of similar size, scale and scope including: (i)a criminal record check as a condition of employment for staff and volunteers working with vulnerable populations as per Commission policy, (ii)appropriate levels of supervision for all direct and partnered activities and programs. n.to seek funding from diverse sources including grants, sponsorships and fundraising endeavours as best practices; o.to operate the annual Fair and agricultural programs in an efficient,effective and sustainable manner that takes into consideration the long term viability of the programs; p.to acknowledge the support of the Association, its programs and activities by the Commission,the City of Maple Ridge and the City of Pitt Meadows as applicable in appropriate communications and promotional materials used to promote these activities and where space permits.The Association shall provide such acknowledgement by using the logos and/or names of Commission,City of Maple Ridge and City of Pitt Meadows in accordance with prescribed standards; q.To obtain and maintain during the term of this Agreement, at the Association’s expense, with such company or companies and on such forms as are acceptable to the Commission, in the name of the Association,Comprehensive General Liability insurance coverage including,without limiting the foregoing,coverage for premises and operations liability, contingency liability with respect to the operations of contractors and subcontractors, completed operations liability, contractual liability and automobile liability for owned, non-owned and hired units. The limits of liability shall not be less than $5,000,000 for each occurrence for bodily injury, including death, and property damage. Each policy shall provide that it may not be cancelled, lapsed or materially altered without at least 30 days’ notice in writing to the Commission by registered mail, and shall name the City of Maple Ridge,the City of Pitt Meadows,the Board of Education of School District No. 42 (Maple Ridge Pitt C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 6 Meadows), RG Properties and Golden Ears Winter Club Society as additional insured parties and shall provide for cross-liability and severability of interests, which means that the policy applies separately to each insured party. In the event such insurance lapses or is cancelled or any material alterations are m ade without the approval of the Commission, the Commission may at its option without notice forthwith terminate this Agreement or the Commission may, at its option and without obligation to do so, obtain and maintain such insurance at the expense of the Association and the Association hereby appoints the Commission as the Association’s lawful attorney to do all things necessary for that purpose; r.To deliver a copy of each insurance policy required by this Agreement to the Commission prior to the commencement of this Agreement and deliver evidence of renewal of the insurance on request by the Commission; s.To maintain its status as a Association in good standing with the Registrar of Companies for the Province of British Columbia and to function in accordance with the policy attached hereto as Schedule C; t.To maintain an open membership which will ensure all citizens of Maple Ridge and Pitt Meadows may become members of the Association; u.Not to amend the Constitution or the bylaws of the Association without first informing the Commission of the intended amendment; v.Not to suffer, permit or allow any unlawful activities or conduct or any nuisance to exist nor suffer, permit or allow any conduct or activity that is in breach of the Human Rights Code; w.To occupy and use the Fairgrounds during the annual agricultural Fair and programming purposes in accordance with all the terms and conditions of any licenses issued by any governmental authority; x.To obtain and keep current all permits and licenses required by law to be o btained to operate the Fairgrounds and to fulfill the Association’s obligations; and y.To permit the Staff Liaison and the Commission’s representative’s to attend meetings of the Association’s Board of Directors as required. Business Plan &Financial Statements 8.The Association must provide to the Commission: (a)a detailed business plan and a budget each year no later than March 1st,for the operation of the Fairgrounds, and for the delivery of the Operations, programs and activities for review by the Staff Liaison (attached as Schedule B). The business plan and budget will be in alignment with the Commission’s vision and goals for community partners operating civic-owned facilities and will inform the Commission’s annual business plans; (b)Annual Report information and as requested a presentation each May following the Association’s AGM to the Commission including: C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 7 (i)annual financial statements;and (ii)annual statistics on use, program and participation attendance numbers for scope of programs and services offered, volunteer information and other relevant data. (c)Reporting on the Commission’s performance focus areas listed in section 4(a-c),that will be further defined through the development of a mutually agreed upon framework for annual reporting; (d)Two year comparative statistics including projected year, based on the Association’s fiscal year,provided to the Staff Liaison each fall for department business planning purposes; and (e)A projected two year budget (e.g.2015-2016) at the time of renewal. 9.The parties agree that equipment purchased through grants applied for by the Association remain the property of the Association if required under the conditions of the respective grant. Indemnity 10.The Association will: (a)release the Commission, the City of Maple Ridge, and the City of Pitt Meadows, and agrees not to sue the Commission, the City of Maple Ridge and the City of Pitt Meadows in respect of any matter arising out of or relating to this Agreement, except for any wrongful refusal of the Commission, the City of Maple Ridge, or the City of Pitt Meadows to perform its obligations under this Agreement; and (b)indemnify, defend and save harmless the Commission, the City of Maple Ridge and the City of Pitt Meadows,their elected officials,officers,employees, agents, contractors and volunteers from and against any and all claims, suits, liability, demands, actions, proceedings, costs (including legal costs), damages and expenses whatsoever, by whomsoever brought arising from: (i)any breach, violation,default or non-performance by the Association of any provision of this Agreement; (ii)any act, omission, or negligence of the Association, its officers, directors, members, contractors, volunteers or others of the Association (iii)any death, personal injury, property damage, property loss, economic loss or other loss or harm suffered by any person, including the Commission, the City of Maple Ridge, and the City of Pitt Meadows, on or in relation to the Fairgrounds or the Operations of the Association.. The indemnity contained in this agreement survives the expiry or earlier termination of this Agreement. C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 8 PART III –GENERAL PROVISIONS 11.The parties agree: a.this Agreement shall come into effect on April 15, 2015, and shall expire and cease to be binding on the parties on December 31, 2017,provided that any party may terminate this Agreement upon giving 180 days notice in writing to all parties of its intention to do so, at the address or addresses of the parties first above set out or at such address or addresses as the parties may advise each other in writing from time to time; b.the terms of this Agreement may be reviewed and revised with the mutual consent of all parties; c.neither the Commission,nor the City of Maple Ridge, nor the City of Pitt Meadows has made any representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Association other than those contained in this Agreement; d.nothing contained or implied herein shall prejudice or affect the rights and powers of the Commission, the City of Pitt Meadows or the City of Maple Ridge in the exercise of its functions under any public and private statues, bylaws, orders and regulations, all of which may be fully and effectively exercised as if this Agreement had not been executed and delivered by the Association; e.wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require. f.the parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement; g.nothing herein contained shall be deemed or construed by the parties,nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties and no acts of the parties hereunder shall be deemed to constitute the Association as anything other than an independent contractor; h.no subsequent alteration, amendment, change, revision or addition to this Agreement shall be binding on the parties unless in writing and signed by the parties’ authorized signatories; i.no provision herein requiring approval or consent of the Commission or the City of Maple Ridge shall be deemed to have been fulfilled or unless written consent or approval relating to the specific matter has first been obtained. Nor prior consent or approval and no condoning, excusing or overlooking by the City of Maple Ridge or Commission on previous occasions when such consent or approval was required shall be taken to operate as a waiver of the necessity for such consent or approval wherever required; C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 9 j.time shall be of the essence of this Agreement; and k.this Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have set their hands as of the day and year first above written. THE MAPLE RIDGE AND PITT MEADOWS PARKS AND LEISURE SERVICES COMMISSION in the presence of: ________________________________________________________________ Corporate Officer Witness ______________________________________________________________ Title Date ___________________________________ Authorized Signatory _________________________________ Title THE MAPLE RIDGE AND PITT MEADOWS AGRICULTURAL ASSOCIATION in the presence of: ______________________________________________________________ Authorized Signatory Witness _________________________________ Name and Title ________________________________ Authorized Signatory _________________________________ Name and Title _________________________________ Date C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 10 Schedule “A” Association’s Constitution 1.The name of the society is Maple Ridge/Pitt Meadows Agricultural Association. 2.The purposes of the society are: a. Encourage the cultivation of the soil and the general development of all agricultural resources of the District, and to foster every branch of Mechanical and Household Arts calculated to increase the happiness of Home Life. b. To host an annual Agricultural Fair. c. to do everything incidental and necessary to promote and attain the foregoing objects throughout the Municipalities of Maple Ridge and Pitt Meadows. 3.The society shall be carried on without purpose of gain for its members and any profits or other accretions to the society shall be used for promoting its objects. 4.In the event that the Association should at any time be wound up or dissolved, the remaining assets after payment of all debts and liabilities shall be turned over to a recognized charitable organization in the province or elsewhere in Canada as directed by the members. 5.Clauses 3,4, & 5 are unalterable in accordance with Section 22 of the Societies Act. C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 11 Schedule “B” BUSINESS PLAN 2015-2016 See attached. C:\Users\ingridk\AppData\Local\Temp\5\Framework\Agricultural_Assoc_Operating_Agr_2015- 17_Draft_revised2_149E64F.doc 12 Schedule “C” COMMISSION REQUIREMENTS FOR GROUPS WITH WHOM THE COMMISSION ENTERS INTO AN OPERATING AGREEMENT 1.That the group maintain its status as a registered Association in good standing with the Provincial Registrar of Companies. 2.That the purposes of the Association listed in its Constitution encompass the programs and services for which the agreement is being entered into. 3.That the Association dissolution clause in its Constitution identify that the assets of the Association shall go to a local organisation with similar purposes or to the appropriate local government authority (eg.the City of Maple Ridge) upon dissolution of the Association. 4.That the Association’s Bylaws provide for any resident of Maple Ridge or Pitt Meadows of the appropriate age to become voting members of the organisation at a reasonable annual cost. 5.That the Association’s Bylaws provide for regular (annual) elections to the Board of Directors from the Membership (terms should be alternated between positions on the Board where the term of membership on the Board is longer than one year). The by laws should also provide for a maximum number of terms a member may serve on the Board before stepping down for at least one term. 6.That an audited financial statement be presented to the Commission on an annual basis if the operating grant is for an amount over $75,000 annually. If the operating grant is for a smaller amount a statement must be presented which is subject to audit at the discretion and expense of the Commission. 7.That a detailed annual report of the programs and services provided to the community by the Association be provided to the Commission. 8.That the books and records of the Association are available to the Commission or its representatives for inspection at any time upon 24 hours notice having been provided requesting such notice. 9.That any changes to the Constitution or Bylaws of the Association be provided to the Commission in advance of such changes being brought forward to the membership for consideration and adoption. 10.That the Association prepares and presents a two year financial plan for its operations to the Commission on an annual basis. City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: Haney Farmers Market – Operating Agreement EXECUTIVE SUMMARY: The Maple Ridge-Pitt Meadows Parks & Leisure Services Commission reviewed the Haney Farmers Market Society operating agreement at its meeting of April 9, 2015. A copy of the Commission report is attached as background information. The report was held pending Council approval of the Community Grants allocation (completed May 12, 2015) and, to consider this request at the same time as the Agricultural Association Operating Agreement. RECOMMENDATIONS: (a) That the Festival Fund grant awarded to the Haney Farmers Market be combined with other municipal grant funding under an Operating Grant agreement with the Haney Farmers Market; and, (b) That an amount of $6,000 be allocated from the Maple Ridge Community Grant toward a multi- year Operating Grant with the Haney Farmers Market Society to be administered by the Maple Ridge-Pitt Meadows Parks & Leisure Services Commission. “Original signed by Kelly Swift” _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Leisure Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn Acting/Chief Administrative Officer :ks Maple Ridge-Pitt Meadows Parks & Leisure Services Commission Report April 9, 2015 Haney Farmers Market FFS Agreement 1153 SUBJECT: HANEY FARMERS MARKET SOCIETY PROPOSED OPERATING AGREEMENT EXECUTIVE SUMMARY: The Haney Farmers Market Society (HFMS) currently receives funding through the Commission Festival Fund in the amount of $1,500 to support two special events that are hosted at expanded markets. Over the past several years, the HFMS also has been receiving funding in the amount of $6,000 under the City of Maple Ridge Community Grant program. This funding is focused on supporting economic viability and sustainability of the market. The intent of this report is to request that Commission consider, and recommend to Maple Ridge Council, that these two annual funding sources be combined and incorporated into an Operating Agreement with HFMS to be administered by Commission. Parks and Leisure Services has supported the development of the Haney Farmers Market from the market concept initiated through Neighbourhood Development processes, through to the present time where the HFMS hosts 30 market days and participates in a wide variety of community initiatives. There are many research sources that expound benefits that a farmers market has for a community which range from: their potential to sustain and support the local food system and contribute to community sustainability; to contributing to the local economy by acting as a catalyst for local food production; and by benefiting local business by creating increased interest in shopping by residents; to contributing to community health, wellness, and vibrancy. At the same time that many sources site Farmers Markets as successful components to creating vibrant sustainable communities, it is also evident that municipal investments are necessary to ensure the financial sustainability of markets, as is the case of the Haney Farmers Market. The 2015 Business Plan directed staff to research the possibility of combining funding sources and entering into an Operating Agreement with the Haney Farmers Market. The conclusion and recommendation is to combine funding sources and to enter into a multi-year Operating Grant as is proposed in this report. Entering into the proposed Operating Agreement with HFMS would contribute to continuing to strengthen the capacity and sustainability of the HFMS and would provide a mechanism to manage these grants more efficiently and effectively. RECOMMENDATION: That the Festival Fund grant awarded to the Haney Farmers Market be combined with other municipal grant funding under an Operating Grant agreement with the Haney Farmers Market; and, That a recommendation be forwarded to Maple Ridge Council to allocate $6,000 from the Maple Ridge Community Grant toward a multi-year Operating Grant with the Haney Farmers Market Society to be administered by Commission; and, That upon endorsement by Maple Ridge Council, that the Chair and General Manager, Community Development, Parks and Recreation Services be authorized to execute the proposed Operating Agreement dated 2015-04-01 with the Haney Farmers Market Society. Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING April 9, 2015 DISCUSSION: a) Background Context: The HFMS has been operating a weekly market in Memorial Peace Park since 2004. The market grew out of a grassroots Neighbourhood project that Parks and Leisure Services supported which included a strong philosophy that remains today. The HFMS focuses on building community, creating connections and partnerships, and working collaboratively. Since its inception the Market has grown substantially and continues to be a major contributor to the vibrancy of the downtown on weekends. The Society has traditionally been funded through a variety of sources including vendor fees, fundraising initiatives, and grants from a variety of sources. Although the number of vendors, and subsequently the number of shoppers, has continued to increase, this source of revenue is insufficient to fund the market to the financial level required to support the management and operation of the market. Although the market has continued to explore outside funding sources, they have not been able to secure ongoing sustainable funding. This is in fact not unique to the Haney Farmers Market. The BC Farmers Market Association has pointed out that the majority of markets have similar experiences and have to rely on some sort of municipal support to be sustained. The municipal contribution is typically viewed as an investment that results in a multitude of benefits to the community; both social and economic. Therefore, as the Haney Farmers Market continues to evolve, the recommendation in this report will streamline annual application processes and establish sustainable seed funding that will carry the market successfully into the future. The proposed agreement includes standard conditions and a term of three years; with three options to renew. The agreement also indicates that although a three year agreement is proposed, the agreement is subject to annual Commission budget approvals. Staff have worked with the HFMS to draft this agreement and are confident that this agreement will support the HFMS in providing a vibrant opportunity for farmers, businesses and residents for many years to come. b) Desired Outcome: Beginning weekly in May and running until November, farmers, local businesses and residents will have a common meeting place and share in a vibrant atmosphere, where there are opportunities to learn about and purchase local food. c) Strategic Alignment: Supporting the Market’s efforts to work towards sustainability aligns with the Commission’s goal of promoting healthy community initiatives that are accessible to all of our citizens. This initiative also aligns with the Parks, Recreation and Culture Master Plan objectives related to urban agriculture. d) Business Plan/Financial Implications: Funding for the HFMS has traditionally occurred through a grant from the City of Maple Ridge in the amount of $6,000 (last three years) and $1,500 from Festivals (for the last two years). The Festival Support Fund grant relates specifically to two community events that the market participates in with an expanded program. Therefore, the suggested amount for this proposed agreement is $7,500 yearly for three years; with options to renew for three terms. The HFMS will also continue to receive in-kind contributions of access to municipal equipment including tables, chairs, and other related materials during each market over the course of the agreement. CONCLUSIONS: This proposed Operating Agreement is an example of the community development approach used in building the capacity of stakeholders to create unique opportunities that are accessible to all citizens. In a recent study (2012) the HFMS was recognized as a “significant economic player in the local economy,” with an estimated impact of nearly $1.6 million annually. Parks and Leisure Services has also supported the work of the Society to secure a space for the market in a public space, provide amenities to support the operations of the market, support promotions, help reduce bylaw barriers, and assistance in facilitating relationships that are beneficial to all. The Haney Farmers Market is truly something the community can all be proud of. “Original signed by Tony Cotroneo” Reviewed By: Tony Cotroneo Manager, Youth, Seniors & Neighbourhood Development “Original signed by Sue Wheeler” Reviewed By: Sue Wheeler Director, Community Services “Original signed by Kelly Swift” Approved By: Kelly Swift General Manager, Community Development Parks & Recreation Services :ds Attachment – Proposed Haney Farmers Market Society Operating Agreement 1 HANEY FARMERS MARKET SOCIETY OPERATING AGREEMENT THIS AGREEMENT made as of the 15th day of April, 2015 BETWEEN: CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, B.C.V2X 6A9 (the “City of Maple Ridge”) AND CITY OF PITT MEADOWS, 12007 Harris Road, Pitt Meadows, B.C. V3Y 2B5 (the “City of Pitt Meadows”) (collectively, the “Maple Ridge and Pitt Meadows Parks and Leisure Commission” or “Commission”) OF THE FIRST PART AND Haney Farmers Market, a Society duly incorporated under the Societies Act of the Province of British Columbia and registered under number S0047916, having an office at the 11925 Haney Place, Maple Ridge, B.C., V2X 6G2 (the “Society”) OF THE SECOND PART WHEREAS: A. The Commission provides parks and leisure services to the residents of Maple Ridge and Pitt Meadows through the exercise of authority delegated separately by the City of Maple Ridge and the City of Pitt Meadows pursuant to a Joint Service Agreement dated July 22, 2008; B. The Commission and the Society desire to provide a Farmers Market (30 consecutive weeks) for the benefit of the residents of Maple Ridge and Pitt Meadows as particularized in this Agreement (the “Operations”); C. The Society is a leadership organization that plays a key role in strengthening community groups; building community wide connections and networks and in encouraging an understanding of local farmers markets, and the contribution that farming and agriculture make to creating a healthy and vibrant community. D. The Society operates as a not-for-profit member based organization governed by a Board of Directors and managed by paid staff dedicated to promoting and encouraging appreciation for a farmers market as stated and outlined in the Society’s Constitutional Purposes 2 (attached hereto as Schedule A). It has the capacity to align activities, programs and operations with the Society’s Constitution. E. The Commission is prepared to pay an operating grant to the Society for the provision of programs and services associated with the Haney Farmers Market; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein and of other good or valuable consideration provided for herein (the receipt and sufficiency whereof is hereby acknowledged by each of the parties), the parties hereto agree as follows: PART I – Agreement The parties confirm that the City of Maple Ridge has granted an Operating Agreement with the Society for a term of three years commencing the 15th day of April 2015. The Society shall have three (3) consecutive options to renew the Operating Agreement, each option being for a further term of three (3) years on the same terms and conditions contained herein, save and except for this covenant for renewal which will be modified so as to successively reduce the number of remaining options to renew. PART II – FUNDING AND OPERATIONS Operating Funds The Commission agrees to pay to the Society the following funds towards the provision of the Haney Farmers Market in accordance with and subject to the terms and conditions outlined in the Agreement: a. For the 2015 calendar year, an annual amount of $7,500, to be paid in two installments on Jan. 31 (75%) and July 1 (25%); b. For the 2016 calendar year, an annual amount of $7,500, to be paid in two installments on Jan. 31 (75%) and July 1 (25%); c. For the 2017 calendar year, an annual amount of $7,500, to be paid in two installments on Jan. 31 (75%) and July 1 (25%); (collectively, the “Operating Funds”) All Operating Funds payments shall be subject to deduction of any amounts paid by the Commission under this Agreement on behalf of the Society, and of any amounts owed by the Society to the Commission. Conditional Entitlement The obligation of the Commission to pay the Operating Funds in any year is subject to the establishment of the Commission’s annual budget by the City of Maple Ridge and the City of Pitt Meadows. The Commission shall budget for the Operating Funds; however, it is understood and acknowledged that if the Operating Funds budgeted by the Commission are reduced, the Commission and the Society agree to review and proportionally reduce the level of operating responsibilities to be provided by the Society under this Agreement. 3 Commission’s Covenants The Commission agrees: a. to assign a staff liaison (the “Staff Liaison”) who shall attend the meetings of the Board of Directors of the Society and the general meetings of the Society including strategic planning as a non-voting observer for the purpose of facilitating communication between the Commission and the Society; b. the Staff Liaison shall be the manager of this Agreement on behalf of the Commission; c. the Staff Liaison shall be a link and connect the Society to all other municipal staff and resources; d. to provide to the Society advertising space in its Arts and Recreation Guide (the “Guide”) equivalent to the space customarily provided in past issues of the Guide and such other space as may become available as determined by the Commission , without cost to the Society, and to do its utmost to promote and publicise the Society’s programs and services through the distribution of the guide; e. to provide an address and phone number for the Society to conduct business from; f. to provide access to Memorial Peace Park for the Society at no cost, waiving base rent and pending availability. The Society will be responsible for any additional expenses incurred by the Commission beyond base rent. For any other use, the Commission will provide access to Commission parks and leisure services facilities in accordance with current booking and scheduling policies and procedures, and to charge the Society in accordance with the current fees and charges policy (see website www.mapleridge.ca), noting that the Society shall be classified as a non- profit recreational group warranting the subsidies for facility rental contained in that policy for such groups. The Society will be responsible for any additional related expenses in operating a program from any of these facilities. g. facilitate the opportunity for a business license to be obtained from the City at no cost; h. provide and deliver the equipment required by the Society to run the weekly markets including: tables, chairs, wash-stations, power panel, cord covers, and access to washrooms from 7am-4pm. An appropriate replacement fee will be charged to the Society should equipment be found returned outside the current condition; i. provide storage space for the Society as required by the Society and as available to the Society on City property (vicinity of the Greg Moore Youth Ce ntre); 4 Society’s Covenants The Society agrees with the Commission and with the City of Maple Ridge and the City of Pitt Meadows: a. to manage and operate this Agreement for the intended purposes, and that the Society will establish operating policies and procedures in line with its business plan; b. to manage and deliver a Haney Farmers Market (for 30 consecutive weeks) in Memorial Peace Park (including one week in August and five weeks at the end of the Market season) that takes into consideration the following Commission’s performance focus areas: i. community capacity building, ii. collaborative community planning, iii. community agriculture engagement, iv. efficient and sustainable operations, v. organizational capacity building. c. when developing the Market, to take into consideration a community development approach to provide agriculture groups, community groups, school district, business and individuals a diverse opportunity to connect, link, learn together, share assets and common interests, network and co-create through agriculture, education and culture where possible; d. provide dedicated services of a Market Manager to plan and coordinate the daily operations and community outreach components, as well as provide financial management for the market; e. responsible for any expenses which the Society has assumed, but which are not included in the City’s direct and/or in-kind contributions outlined in this agreement; f. meet with and provide reports to the Staff Liaison regarding attendance, sales, vendors, finances, or other pertinent info as required; g. within the Society’s available resources, to conduct surveys and evaluations and compile and analyze statistics and data on programs, services and operations to inform and meet strategic and business planning processes, monitoring and reporting requirements; h. to advertise the Market in the Recreation Guide in accordance with all deadlines and standards established by the Commission for the production of the Guide in addition to utilizing other appropriate advertising methods; i. commit to additional promotion beyond the guide, which can include but not limited to: newspaper, magazines, blogs, email, Facebook, and twitter; j. maintain a webpage for communication and information purposes; 5 k. to include provision for appropriate levels of training and professional development opportunities for the Board of Directors, staff and volunteers of the Society within available resources in the Society’s annual budget as part of best practises for a non- profit organization and in accordance with the Society’s governance policy; l. to use good board governance practises and procedures including understanding of fiduciary duties; m. to apply and maintain quality human resources management practises for non-profit organizations of similar size, scale and scope including: (i) a criminal record check as a condition of employment for staff and volunteers working with vulnerable populations as per Commission policy, (ii) appropriate levels of supervision for all direct and partnered activities and programs, and n. to seek funding from diverse sources including grants, sponsorships and fundraising endeavours as best practises; o. to adhere to and align with identified Commission policies and procedures for civic owned facilities to the best of the Society’s abilities and resources (e.g. safety, community development, volunteerism, criminal records check) as set out in Schedule E; p. to acknowledge the support of the Commission, the City of Maple Ridge and the City of Pitt Meadows as applicable in appropriate communications and promotional materials used to promote these activities and where space permits. The Society shall provide such acknowledgement by using the logos and/or names of Commission, City of Maple Ridge and City of Pitt Meadows in accordance with prescribed standards; q. to maintain Memorial Peace Park and the operating equipment contained therein in a clean and safe condition at all times and in good working order, excepting normal wear and tear. Borrowed equipment shall remain the property of the City of Maple Ridge; r. to obtain and maintain during the term of this Agreement, at the Society’s expense, with such company or companies and on such forms as are acceptable to the Commission, in the name of the Society, Comprehensive General Liability insurance coverage including, without limiting the foregoing, coverage for premises and operations liability, contingency liability with respect to the operations of contractors and subcontractors, completed operations liability, contractual liability and automobile liability for owned, non-owned and hired units. The limits of liability shall not be less than $5,000,000 for each occurrence for bodily injury, including death, and property damage. Each policy shall provide that it may not be cancelled, lapsed or materially altered without at least 30 days’ notice in writing to the Commission by registered mail, and shall name the City of Maple Ridge, the City of Pitt Meadows and the Board of Education of School District No. 42 (Maple Ridge Pitt Meadows) as additional insured parties and shall provide for cross-liability and severability of interests, which means that the policy applies separately to each insured party. In the event such insurance lapses or is cancelled or any material alterations are made without the approval of the Commission, the Commission may at its option without 6 notice forthwith terminate this Agreement or the Commission may, at its option and without obligation to do so, obtain and maintain such insurance at the expense of the Society and the Society hereby appoints the Commission as the Society’s lawful attorney to do all things necessary for that purpose; s. to deliver a copy of each insurance policy required by this Agreement to the Commission prior to the commencement of this Agreement and deliver evidence of renewal of the insurance on request by the Commission; t. to maintain its status as a Society in good standing with the Registrar of Companies for the Province of British Columbia; u. to maintain an open membership which will ensure all citizens of Maple Ridge and Pitt Meadows may become members of the Society; v. not to amend the Constitution or the bylaws of the Society without first informing the Commission of the intended amendment; w. not to suffer, permit or allow any unlawful activities or conduct or any nuisance to exist nor suffer, permit or allow any conduct or activity that is in breach of the Human Rights Code; x. to permit the Staff Liaison and the Commission’s representative’s to attend meetings of the Society’s Board of Directors. Business Plan, Financial Statements, The Society must provide to the Commission: a. a detailed strategic business plan and a budget each year no later than January 15, for review by the Staff Liaison (attached as Schedule C). The business plan and budget will be in alignment with the Commission’s vision and goals for community partners operating civic-owned facilities and will inform the Commission’s annual business plans; b. an Annual Report presentation each March following the Society’s AGM to the Commission including: (i) annual financial statements; and (ii) annual statistics on attendance, scope of services offered, volunteer information and other relevant data; c. Reporting on the Commission’s performance focus areas listed in the Society Covenants (b, i-v), that will be further defined through the development of a mutually agreed upon framework for annual reporting; d. Three year comparative statistics including projected year, based on the Society’s fiscal year, provided to the Staff Liaison each fall for department business planning purposes; and 7 e. A projected three year budget (e.g. 2016-2018) at the time of renewal. Indemnity The Society will: a. release the Commission, the City of Maple Ridge, and the City of Pitt Meadows, and agrees not to sue the Commission, the C ity of Maple Ridge and the City of Pitt Meadows in respect of any matter arising out of or relating to this Agreement, except for any wrongful refusal of the Commission, the City of Maple Ridge, or the City of Pitt Meadows to perform its obligations under this Agreement; and b. indemnify, defend and save harmless the Commission, the City of Maple Ridge and the City of Pitt Meadows, their elected officials, officers, employees, agents, contractors and volunteers from and against any and all claims, suits, li ability, demands, actions, proceedings, costs (including legal costs), damages and expenses whatsoever, by whomsoever brought arising from: (i) any breach, violation, default or non-performance by the Society of any provision of this Agreement; (ii) any act, omission, or negligence of the Society, its officers, directors, members, contractors, volunteers or others of the Society; (iii) any death, personal injury, property damage, property loss, economic loss or other loss or harm suffered by any person, including the Commission, the City of Maple Ridge, and the City of Pitt Meadows, on or in relation to the Operations of the Society. The indemnity contained in this agreement survives the expiry or earlier termination of this Agreement. PART III – GENERAL PROVISIONS The parties agree: a. this Agreement shall come into effect on April 15, 2015, and shall expire and cease to be binding on the parties on December 31, 2017 , provided that any party may terminate this Agreement upon giving 180 days notice in writing to all parties of its intention to do so, at the address or addresses of the parties first above set out or at such address or addresses as the parties may advise each other in writing from time to time; b. the terms of this Agreement may be reviewed and revised with the mutual consent of all parties; c. neither the Commission, nor the City of Maple Ridge, nor the City of Pitt Meadows has made any representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Society other than those contained in this Agreement; 8 d. nothing contained or implied herein shall prejudice or affect the rights and powers of the Commission, the City of Pitt Meadows or the City of Maple Ridge in the exercise of its functions under any public and private statues, bylaws, orders and regulations, all of which may be fully and effectively exercised as if this Agreement had not been executed and delivered by the Society; e. wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require. f. the parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper e ffect to the intention of this Agreement; g. nothing herein contained shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties and no acts of the parties hereunder shall be deemed to constitute the Society as anything other than an independent contractor; h. no subsequent alteration, amendment, change, revision or addition to this Agreement shall be binding on the parties unless in writing and signed by the parties’ authorized signatories; i. no provision herein requiring approval or consent of the Commission or the City of Maple Ridge shall be deemed to have been fulfilled or unless written consent or approval relating to the specific matter has first been obtained. Nor prior consent or approval and no condoning, excusing or overlooking by the City of Maple Ridge or Commission on previous occasions when such consent or approval was required shall be taken to operate as a waiver of the necessity for such consent or approval wherever required; k. time shall be of the essence of this Agreement; and l. this Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 9 IN WITNESS WHEREOF the parties hereto have set their hands as of the day and year first above written. THE MAPLE RIDGE AND PITT MEADOWS PARKS AND LEISURE SERVICES COMMISSION in the presence of: __________________________________ ______________________________ Authorized Signatory Witness _________________________________ _____________________________ Title Date ___________________________________ Authorized Signatory _________________________________ Title THE HANEY FARMERS MARKET SOCIETY in the presence of: _________________________________ _____________________________ Authorized Signatory Witness _________________________________ Title ________________________________ Authorized Signatory _________________________________ Title _________________________________ Date 10 Schedule “A” HANEY FARMERS MARKET SOCIETY CONSTITUTION 1. The name of the Society is the Haney Farmer’s Market Society. 2. The purpose of the Society is: The Haney Farmer’s Market has been created to encourage a healthy community. In doing so, we strive to offer a safe, relaxing and enjoyable place for people to come together. The Market will serve to stimulate and support local economic initiatives, to provide an opportunity for community groups and individuals to inform and entertain their neighbours, to support and strongly encourage practices which work towards ecological and community health. 22. Responsibilities of Board of Directors: To formulate and oversee the implementation of policies consistent with the purpose of the society. 23. Responsibilities of Executive Committee: 1) To set agenda for the regular monthly Board of Directors meetings. Agenda developed with input from directors and committee members. 2) To address ongoing business of the Society in accordance with direction from Board of Directors 3) To initiate actions on motions from the minutes of Board meetings. 4) Direct Supervision of all HFMS Staff 5) To update the Policy and Procedure Manual Annually 6) Develop a Business Plan 11 Schedule “B” HANEY FARMERS MARKET TERMS OF REFERENCE Vision Statement “This is where it happens, at the market, connecting community around the table, reflecting the rhythm, the passion, uniqueness and diversity, nourishing the mind, body and soul.” January 19, 2008 Mission The Haney Farmers Market encourages a healthy community by providing the public with direct access to food producers. The Market serves to stimulate and support the local economy, to provide opportunities to inform and entertain and to support and strongly encourage environmental sustainability. Guiding Principles Locally Grown or Produced Products – We believe in supporting local growers and producers and those who engage in environmentally sound, farming practices. Education – We believe in educating the community about food choices and farming including locally grown options, nutrition, seasonal eating, organic growing, use of agricultural lands and the historical roots of farming in our community Sense of Community – We believe in building connections that create a sense of community through partnerships, collaborations and building relationships with the community at large. Opportunities – We believe in creating a supportive environment that encourages and celebrates the growth and development of community members and businesses. Inclusiveness / Diversity - We believe in promoting and encouraging inclusiveness and diversity by respecting, honoring and celebrating uniqueness. Ambience – We believe in creating an atmosphere that reflects a communi ty that is welcoming, nurturing and provides opportunities for community to participate and celebrate. 12 Schedule “C” HANEY FARMERS MARKET BUSINESS PLAN 2015 Strategic Action Plan Goal 1 Vendors: Maintain or Increase the number of quality farm, produce or product Health and Safety for vendors Strategy 1 Maintain existing and increase new vendor relationships Actions Target Owner  1. Added cheese, fish, lamb: waiting for beef Spring Operations  2. PoCo produce vendors  , eggs , meat , fish  done Done Operations  3. Encourage vendors to participate in health and Spring Kathy/Eileen safety program e.g. MarketSafe 4 Develop a risk management plan: Done Board/Executive  Goal 2 Succession Planning: Board, Market Managers and Volunteers Strategy 1 Market Managers and Volunteers Actions Target Owner  1. Institute a "fire drill" to test Board/Volunteers ability to react to MM emergencies requiring a back-up plan 2015 Operations  2. Network with other markets and BCAFM to get a better understanding of how their markets are 2015 Executive  managed and their policies Committee 3. Develop a training program for Volunteers HFM Continual Eileen/Barbara  4. and PCFM volunteers Continual Kathy/PCAdvCom  5. Develop PCFM Advisory Committee Continual Eileen/PCAdvCom  Strategy 2 Board Actions Target Owner  1. Prepare a plan for succession planning for Board Executive Com 2. Broaden Board governance capabilities and skills Ongoing Board 3. Develop Policy Manual Board/Exec Com Goal 3 Improved Facilities Strategy 1 Develop a plan for facilities to accommodate the extension of farmer market dates Actions Target Owner  1. Pirates Day Look into the temporary use by June Dave  2. Move to Grow & Gather Nurseries Done Renata  for autumn markets 13  Strategy 2 Actions Target Owner  1 PoCo extension down Whyte Street now PCFM Adv Com  2 Lights in Leigh Square to extend Mkt to Thanksgiving ongoing PCFM Adv Com 14 Schedule “D” COMMISSION POLICIES Name Policy No. Date Approved Asset Based Community Development Policy P092 April 10, 2014 Criminal Records Check Policy 5.03 July 5, 1993 Volunteers Policy P127 Sept. 11, 2014 15 Schedule “E” COMMISSION REQUIREMENTS FOR GROUPS WITH WHOM THE COMMISSION ENTERS INTO AN OPERATING AGREEMENT a. That the group maintain its status as a registered Society in good standing with the Provincial Registrar of Companies. b. That the purposes of the Society listed in its Constitution encompass the programs and services for which the agreement is being entered into. c. That the Society dissolution clause in its Constitution identify that the assets of the Society shall go to a local organisation with similar purposes or to the appropriate local government authority (the City of Maple Ridge) upon dissolution of the Society. d. That the Society’s Bylaws provide for any resident of Maple Ridge or Pitt Meadows of the appropriate age to become voting members of the organisation at a reasonable annual cost. e. That the Society’s Bylaws provide for regular (annual) elections to the Board of Directo rs from the Membership (terms should be alternated between positions on the Board where the term of membership on the Board is longer than one year). The bylaws should also provide for a maximum number of terms a member may serve on the Board before steppi ng down for at least one term. f. That a detailed annual report of the programs and services provided to the community by the Society be provided to the Commission. g. That the books and records of the Society are available to the Commission or its representatives for inspection at any time upon 24 hours notice having been provided requesting such notice. h. That any changes to the Constitution or Bylaws of the Society be provided to the Commission in advance of such changes being brought forward to the membership f or consideration and adoption. i. That the Society prepares and presents a three year financial plan for its operations to the Commission on an annual basis. City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: Fundamentals Childcare Centre – Lease Renewal EXECUTIVE SUMMARY: The Commission reviewed the Fundamentals Childcare Centre’s lease at its meeting of July 9, 2015 and it is now being forwarded to Council for consideration. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal the Fundamentals Childcare Centre Lease Agreement 2015-2018. “Original signed by Kelly Swift” _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Recreation Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn, Acting/Chief Administrative Officer :ik Attachments: Commission Report, July 9, 2015 Fundamentals Childcare Centre Lease, 2015 1154 C:\Users\ingridk\AppData\Local\Temp\26\Framework\PLSC_Fundamentals_Childcare_Lse_2015-09- 07_10F684D1.docx 1 SUBJECT:FUNDAMENTALS CHILDCARE CENTRE -LEASE RENEWAL EXECUTIVE SUMMARY: Fundamentals Childcare Centre (the Tenant) is a childcare provider operating out of the Hammond community centre providing families in the Hammond area with quality child care programs. They have been a good tenant for the past three years and have met all the obligations as outlined in their lease.The current lease stipulates the Tenant has two options for renewal and they have provided us with six months’ notice that they intend to exercise their first renewal option for the next three years. RECOMMENDATION: That a recommendation be forwarded to Maple Ridge Council that the Corporate Officer be authorized to sign and seal the Fundamentals Childcare Centre Lease Agreement 2015-2018. DISCUSSION: a)Background Context: The Fundamentals Childcare Centre has been operating for three years,under a lease agreement with the City of Maple Ridge, in the Hammond Community Centre.Currently the Centre operates from 6:00 am to 6:00 pm Monday to Friday. The current lease provides exclusive use of the meeting room and daytime use of the main hall, leaving the main hall available for community use on evenings and weekends. Fundaments has requested their first option to renew be honored for an additional three year term. The attached draft lease has undergone a few minor changes and remains consistent with other similar leases: 1.3.75% lease rate increase, the lease rate is now $47,576.00 per annum. 2.This is the second of three, (3 year) renewal periods. 3.A small existing storage area has been added to the lease 32 ft2. 4.Minor wording changes –District of Maple Ridge to the City of Maple Ridge. This child care company has been an excellent tenant for the past three years and provides quality child care services to residents who live in the Hammond area. 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 Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING July 09, 2015 C:\Users\ingridk\AppData\Local\Temp\26\Framework\PLSC_Fundamentals_Childcare_Lse_2015-09- 07_10F684D1.docx 2 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. CONCLUSIONS: Fundamentals Childcare has been a good lease partner for the past three years providing a much needed service to the community. Staff recommends the right to renew be honored and the lease agreement be forwarded to Maple Ridge City Council for approval. “Original signed by Don Cramb” Prepared By:Don Cramb Senior Recreation Manager “Original signed by Sue Wheeler for” Reviewed By:Wendy McCormick Director,Recreation “Original signed by Wendy McCormick for” Approved By:Kelly Swift General Manager, Community Development Parks & Recreation Services :dc Attachment –Fundamentals Childcare Centre Lease Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 1 THIS INDENTURE is made as of the day of , 2015, but is actually executed on the ____ day of __________, 2015. IN PURSUANCE OF THE "LAND TRANFER FORM ACT, PART 2" BETWEEN: CITY 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: Fundamentals Childcare Centre 23725 110B Avenue Maple Ridge, BC V2W 2E2 (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 co venant 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 the Hammond Community Centre, (hereinafter called the "Building") which is situated in Maple Ridge, British Columbia: 20601 Westfield Avenue Maple Ridge, BC V2X 1Z7 Hereinafter called the "said lands" Which portion contains 2,866 square feet commonly called the main hall,the preschool room 510 ft2,the office 83 ft2,the kitchen 273 ft2 and a portion of the storage room 32 ft2. 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 thence ensuing unless sooner terminated pursuant to the provisions hereof. 2.YIELDING AND PAYING THEREFOR during each year of the Term rent of FORTY SEVEN THOUSAND FIVE HUNDRED AND SEVENTY SIX DOLLARS ($47,576.00)plus applicable taxes in twelve (12) equal consecutive monthly instalments of THREE THOUSAND NINE HUNDRED AND SIXTY FOUR DOLLARS AND SIXTY SEVEN CENTS ($3,964.67).The first of such instalments to be made on the 1st day of September, 2015. Such rent includes a charge of Three Dollars ($3.00) per square foot of the area of the Premises for the Tenant's share of common area costs payable in respect of the said lands and the Building. Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 2 3.For the purposes of this Lease: (a)"Commencement Date of Term"means September 1st,2015. (b)"Rent" 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 there from 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 taxes, rates, licenses or assessments against any improvements, fixtures, machinery, equipment or like chattels erected or placed upon or affixed to the Premises by or on behalf of the Tenant or assessed against the business carried on by the Tenant therein, whether the statement or notice of such taxes, rates, licenses or assessments is rendered to the Landlord or the Tenant: (d)to pay all rates, tolls and charges incurred in respect of the Premises for telephone and many other similar utilities required by the Tenant –heat and electrical are paid by the landlord. (e)that the Tenant shall, at the Tenant's expense,during the Term and any renewal thereof well and sufficiently repair and replace (excluding all structural repairs heating, air - conditioning, sewer and water and all other mechanical systems and replacements), maintain, amend and keep the Premises (Preschool/day-care room and office), and every part thereof and improvements thereon in good and substantial repair, when, where and so often as need shall be, damage by fire and other risks against which the Landlord is insured excepted provided however that, notwithstanding the foregoing: I.the Tenant shall repair and make good any damage (all areas of the community centre) caused by the Tenant or any of its employees, agents invitees or licenses; and II.the Tenant shall use the Landlord's contractors for any repai rs or replacements to the plumbing, electrical and sewerage systems and other mechanical systems in the Premises. (f)to keep well painted the painted portions of the interior of the Preschool/day-care room and office. (g)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. (h)That the Tenant will continuously throughout the Term: Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 3 I.Use and occupy the Premises only for the purposes of a Preschool/Daycare service; II.Operate its business of providing Preschool/Daycare services in full compliance with all federal, provincial and municipal statutes, regulations, codes and bylaws; III.Ensure that any employee or agent of the Tenant engaged in the business of providing Preschool/Daycare services will, at all times be licensed and in good standing with the Community Care Licensing Board and hold all required licenses and certificates; IV.to comply with all fire, safety, health and other municipal or legislative requirements including Ministerial directives applicable to childcare centres; V.To possess, or, obtain a valid City of Maple Ridge business license; VI.to comply with all rules and regulations established by authorized administrators of the Parks and Leisure Services Commission with respect to the premises, of which the Premises form part; VII.to ensure that all persons employed by the Proponent in the supervision of children meet requirements set forth in the Child Care Regulation to the Community Care Facility Act, latest edition, specifically: “Criminal Record Checks”; “Staff Qualifications:, “Qualifications for Assistants”; “Qualifications for Responsible Adult”; and “WCB coverage”. Further, the Proponent shall maintain written records confirming adherence to each of these requirements; VIII.Ensure that all of the Tenant's employees or agents will be appropriately attired when conducting business of providing Preschool/Daycare services; IX.At a minimum, operate the business of providing before and after school Preschool/Daycare services Monday to Friday 7:00am to 6:00pm provided, however, that the Tenant may, upon giving the Landlord prior written notice of the same, elect to open the business of providing an after school Preschool/Daycare services on such additional days and for such additional hours in each day as the Tenant may choose from time to time. That the Landlord may use the building for community purposes week-days after 6:00pm., weekends 6:00am to 1:00am. and from time to time (infrequently) with prior approval of the tenant Monday to Friday between the hours of 6:00am.To 6:00pm. (i)that the Tenant shall abide by and comply with all laws, by-laws, rules regulations and requirements of every federal, provincial, municipal or other authority or any body of fire insurance underwriters which in any manner now or in the future relates to or affects the Premises and the use of and/or the business carried on and conducted therein; (j)that the Tenant shall forthwith discharge any liens at any time filed against and keep the Premises and the said lands from liens of which the Tenant is the ca use of such filing and in the event that the Tenant fails to do so, the Landlord may, but shall be under no obligation to pay into Court the amount required to obtain a discharge of any such lien in the name of the Tenant and any amount so paid together with all disbursements and taxed Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 4 costs in respect of such proceedings on a solicitor and client bases shall be forthwith due and payable by the Tenant to the Landlord as Additional Rent; and the Tenant shall indemnify and save harmless the Landlord from and against any and all manner of claims for liens for wages or materials or for damage to persons or property caused during the making of or in connection with any repairs, alterations, installations and additions which the Tenant shall make or cause to be made to the Premises; and shall allow the Landlord to post and shall keep posted on the Premises any notice that the Landlord may desire to post under the provisions of the "Builders Lien Act" and/or the "Repairers Lien act" of British Columbia as amended or re-enacted from time to time or any successor legislation thereto; (k)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, without the prior consent in writing of the Council of the Landlord. Any request for such consent shall be in writing and accompanied by details of the proposed assignment or subletting together with all information available to the Tenant and requested by the Landlord as to the responsibility, reputation, financial standing and business of the proposed assignee or subtenant; (l)that the Tenant shall not remove its goods from the Premises except in the usual course of business; (m)that the Tenant will not carry out, nor allow to be carried out, done or maintained on the Premises any work, business, occupation or thing which may be deemed a nuisance or which may be offensive or annoying to the Landlord or any other tenant of the Landlord or any other occupant of lands adjacent to the said lands or be improper, noisy or contrary to any law or to any municipal by-law for the time being in force or by which the Building shall be injured or which may increase the hazard of fire or liability of any kind or which may increase the premium rate of insurance against loss by fire or liability upon the Building (and, without waiving the foregoing prohibition the Landlord may demand and the Tenant shall pay to the Landlord upon demand, the amount of any such increase of cost) or cause the cancellation of or invalidate any policy of insurance of any kind upon or in respect of the same and the Tenant shall not bring any explosive or inflammable materials onto the Premises; (n)that the Tenant will allow prospective tenants to enter and inspect the Premises on business days during the period of six (6) months prior to the expiration of the Term and will allow the Landlord during the said period of six (6) months to place on the Premises a notice advertising that the Premises are for rent or to lease; (o)that the Tenant shall permit the Landlord and its authorized agents and employees to show the Premises to prospective purchasers of the said lands during normal business hours of the Landlord during the Term; (p)that the Tenant will provide all leasehold improvements as are necessary to operate the business of providing a before and after school Preschool/Daycare service at no cost to the Landlord. The Landlord must approve the design and quality of the leasehold improvements Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 5 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 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; (q)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. (r)To 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; (s)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; (t)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. (u)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; (v)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; (w)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, ke pt, observed and performed; Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 6 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 there from, occurring in or about the Premises. IV.The Tenant shall provide the landlord with proof of third party liability insurance (Minimum, Three (3) million for each occurrence) naming the City of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured. Provided that this indemnity shall survive the expiry or sooner determination of the Term, as to matters that arose prior to such expiration or sooner determination. (x)that the Tenant shall not cause or suffer or permit any oil or grease or any harmful, objectionable, dangerous, poisonous, inflammable or explosive matter or substance to be discharged into the drains or sewers in the Building or on the said lands or lands adjacent thereto, and will take all reasonable measures for ensuring that any effluent discharged will not be corrosive, poisonous or otherwise harmful, or cause obstruction, deposit or pollution within the Premises or the said lands; (y)that the Tenant shall not permit any vehicles belonging to the Tenant or its employees or persons delivering supplies and goods to the Premises to cause obstruction on any roads or driveways in the neighbourhood of the Premises; 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 in the building. (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. (a)if and whenever the Rental hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether demanded or not, or in case of breach or non - observance or non-performance of any of the covenants, agreements, provisos, conditions or rules and regulations on the part of the Tenant to be kept, observe or perfor med, or in case the Premises shall be vacated or remain unoccupied for five (5) days or without the written consent of the Landlord or in case the Premises shall be used by any person other than the Tenant, the Tenant's permitted assigns or permitted subleases, or for any other purpose than that for which the same were let or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord at any time thereafter to enter into and upon the Premises or any part thereof in the name of the whole the same to have again, repossess and enjoy as of its former estate, provided that the Tenant has failed to rectify the alleged default or defaults after having been given seven (7) days'written notice to do so in the case of a default in the Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 7 payment of Rental and after having been given fifteen (15) days' written notice to do so where the default is a default other than in the payment of Rental. (b)The Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the Tenant, either by any provision hereof or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. (c)The Landlord shall have the same rights and remedies in the event of any non-payment by the Tenant of any Additional Rent payable by the Tenant under any provision hereof whether or not such amounts are payable directly to the Landlord, as in the case of a non -payment of rent. (d)If the Tenant shall fail to pay any Rent from time to time promptly when due, the Landlord shall be entitled, if it shall remain it, to interest thereon at a rate of five percent (5%) per annum in excess of the rate of interest published from time to time by the main branc h in Vancouver, British Columbia, of the Landlord's bank, as it most favourable rate of interest to its most creditworthy and substantial commercial customers commonly known as its Prime Rate, from the date upon which the same was due until actual payment thereof. (e)Whenever the Landlord becomes entitled to re-enter upon the Premises under any provision thereof, the Landlord in addition to all other rights it may have shall have the right as agent of the Tenant to enter the Premises and re-let them and to receive the rent therefor and as the agent of the Tenant to take possession of any furniture or other property thereon and to sell the same at public or private sale without notice and to apply the proceeds thereof and any rent derived from re-letting the Premises upon account of the Rental due and to become due hereunder and the Tenant shall be liable to the Landlord for the deficiency if any. (f)The Tenant waives and renounces the benefit of any present or future statute taking away or limiting the Landlord's right of distress and covenants and agrees that notwithstanding any such statute none of the goods and chattels of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for Rental is arrears. The Tenant will not (except in the normal course of business) sell, dispose of or remove any of the fixtures, goods, or chattels of the Tenant from or out of the Premises during the term without the prior written consent of the Landlord and the Tenant agrees that it will, at all times, be the owner of its goods and chattels and will not create any mortgage, conditional sale or other encumbrance of such goods or chattels. The Tenant further agrees that if it leaves the Premises leaving any Rent unpaid, the landlord, in addition to any remedy otherwise provided by law, may seize and sell the good and chattels of the Tenant at any place to which the Tenant or any other person may have removed them, in the same manner as if such goods and chattels had remained upon the Premises. 7.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 one hundred and fifty percent (150%)of one twelfth of the Rental payable for the last twelve (12) months of the Term. Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 8 8.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 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. 9.The Landlord and the Tenant covenant and agree: (a)That the Tenant shall provide at its expense and maintain in force during the Term or any extension thereof: I.Public liability insurance in the sum of at least Three Million Dollars ($3,000,000.00) in respect of injury or death to one or more persons or property damage occurring either in, upon or near the Premises, the Building or the said lands naming the City of Maple Ridge and the City of Pitt Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services Commission and School District #42 as named insured; (b)That the Tenant shall ensure that all insurance referred to in this Article 9 shall: I.be effected with insurers and brokers and upon terms and conditions satisfactory to the Landlord; II.name the Landlord as an insured with the exception of the insurance policy referred to in clause 9 (a)(I) hereof which policy shall contain a cross -liability clause in form and content satisfactory to the Landlord; and III.provide that such policies shall not be cancelled or materially changed without thirty (30) days written notices first having been given to the Landlord. (c)That the Tenant shall deliver certified copies of all insurance policies required to be taken out by the Tenant hereunder and receipts for premiums paid therefor to the Landlord on demand: (d)If,during the Term or any renewal or extension thereof, the Premises or the Building shall be destroyed or damaged by fire or the elements, the following shall apply: I.If, in the Landlord's reasonable opinion, the Premises shall be so badly injured as to be unfit for occupancy as to be incapable, with reasonable diligence of being repaired and rendered fit for occupation with one hundred and eighty (180) days from the happening of such injury, then the Term shall cease and be at an end to Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 9 all intents and purposes from the date of such damage or destruction and the Tenant shall immediately surrender the same and yield up possession of the Premises to the Landlord and the Rental hereunder shall be apportioned and paid to the date of such termination; II.If, in the Landlord's reasonable opinion, the Premises shall be capable, with reasonable diligence, of being repaired and rendered fit for occupation within one hundred and eight (180) days from the happening of such injury as aforesaid then the Landlord shall repair the same with all reasonable speed, provided the Landlord shall not be required to repair any improvements or alterations made to the Premises by or on behalf of the Tenant, which repairs the Tenants undertakes to diligently commence as soon as possible and thereafter construct continuously until completion thereof. 10.Provided the same is not due to the negligence of the Landlord, its servants, agents and employees. (a)The Landlord, its agents, servants and employees shall not be liable nor responsible in any way for any injury, loss, damage or expense of any nature whatsoever and due to any cause or reason that may be suffered or sustained by the Tenant or any employee, agent, licensee or invitee of the Tenant or any other person who may be upon the Premises or the Building or the said lands, or for any loss of or damage to any property belong to the Tenant or to its employees, agents, licensees or invitees or any other person while such employees, agents, licensees, invitees, or persons or property are on the Premises, the Building or the said lands; (b)Under no circumstances shall the Landlord be liable for indirect or consequential damage or damages for personal discomfort or illness due to any cause or reason including, but without limiting the generality of the foregoing, the heating or air conditioning (if any) of the Premises or the Building or the operation of the plumbing or other equipment in the Building or in the Premises; and (c)It is hereby agreed that the Landlord shall not be responsible for any loss, damage or expense to the Premises or anything therein contained arising from any matter or thing whatsoever including, without limiting the generality of the foregoing, any loss, damage or expense incurred by any overflow or leakage of water from any part of the Premises, the Building, the said lands or any adjoining buildings or premises, or occasioned by the use of water or by the breaking or bursting of any pipes or plumbing fixtures, or any other manner, or by seepage from adjoining lands or premises or by an accident or misadventure to or arising from any electrical wiring and/or appliances. 11.That no waiver of nor neglect to enforce the right to forfeiture of this Lease nor the right of re - entry by the Landlord upon breach of any covenants, conditions or agreements herein contained shall be deemed a waiver by the Landlord of such rights upon subsequent breach of the same or any other covenant or condition of this Lease. 12.If required by the Landlord so to do, the Tenant shall subordinate this Lease to a ny mortgages, including any deed of trust and mortgage and all indentures supplemental thereto, which now or hereafter during the Term affect or relate to this Lease, the Premises, or the said lands and to all modifications or renewals thereof. The Tenant agrees to execute promptly, from time to time any assurance which the Landlord may require to confirm this subordination and hereby constitutes the Landlord, the agent or attorney of the Tenant for the purpose of executing any such Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 10 assurance and of making application at any time and from time to time to register postponement of this Lease in favour of any such mortgage or trust deed and mortgage in order to give effect to the provisions of this Article 12. 13.If the Tenant hereunder shall be more than one person or entity, the covenants, provisos, conditions and agreements herein contained on the part of the Tenant herein shall be both joint and several covenants. 14.That if the Term shall be at any time seized or taken in execution or in attachment by any creditor of the Tenant or if the Tenant shall go into liquidation or receivership or if the Tenant shall commence winding-up proceedings whether voluntary or otherwise or if the Tenant shall make any assignment for the benefit of its creditor, or becoming bankrupt or insolvent shall take the benefit of any act that may be in force for bankrupt or insolvent debtors, or in case the Premises shall be used for any purpose other than as provided without first obtaining the written consent of the Landlord the then current monthly instalment of Rental and the next three (3) months Rental shall immediately become due and payable and the Term shall immediately become forfeited and void. 15.This Lease shall be construed and governed by the laws of the Province of Britis h Columbia. All of the provisions of this Lease are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate paragraph hereof. Should any provisions of this Lease be illegal or not enforceable they shall be considered separate and severable from this Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the illegal or unenforceable provision had never been included. 16.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. 17.Time shall be of the essence of this Lease. 18.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: Fundamentals Childcare Centre 23725 110B Avenue Maple Ridge, BC V2W 2E2 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 Landlord as follows: The City of Maple Ridge C/O Maple Ridge and Pitt Meadows Parks and Leisure Services 11995 Haney Place. Maple Ridge, B.C. V2X 6A9 Attention: Sr. Recreation Manager (Don Cramb) dcramb@mapleridge.ca or 604 465-2432 Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 11 19.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 his 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 registerable form provided that preparation of all necessary plans and explanatory plans to enable this Lease to be put into registerable form shall be at the Tenant's expense. 20.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. 21.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. 22.The Landlord and the Tenant acknowledge and agree that, by this Article 22, the Tenant is only given the option of renewing the Term for one renewal term of three (3) years and at the expiration of the renewal term there shall be no further right of renewal. 23.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. 24.This contract may be terminated by either party on giving 6 months notice in writing to the other and, without limiting the generality of the foregoing: (a)the tenant shall vacate the Premises within the notice period, leaving them in the same condition as recorded on initial tenancy; and (b)should this contract be terminated for cause the tenant shall vacate the Premises with 30 days notice, leaving them in the same condition as recorded on initial tenancy. Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 12 IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed the day and year second above written The Corporate Seal of CITY OF MAPLE RIDGE was hereunto affixed in the presence of: (Authorized Signatory) (Authorized Signatory) ) ) ) ) ) ) ) C/S The COMMON SEAL OF Fundamentals Childcare Centre. was hereunto affixed in the presence of: Authorized Signatory: Authorized Signatory: ) ) ) ) ) ) ) C/S Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 13 SCHEDULE "B" Rules and Regulations Referred to in Annexed Lease 1)The Tenant shall vacate the premises during the annual maintenance shutdown; typically one week possibly two depending on the maintenance work required, dates will be coordinated with the tenant in advance. 2)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. 3)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. 4)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. 5)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. 6)No large animals shall be allowed or kept in or about the Premises. 7)The Tenant shall not be permitted to use or keep in the Building any gasoline, coal oil, propane (including BBQ’s) or burning fluid or other inflammable material. 8)No one shall use the Premises for sleeping quarters other than naptime as required in the normal operation of a before and after school preschool/daycare service. 9)Any hand trunks, carryalls, or similar appliances used in the Building shall be equipped with rubber tires and such other safeguards as the Landlord may require. 10)The landlord agrees that the Tenant may use auxiliary rooms including the lobby, washrooms, activity hall and kitchen facilities: a)Lobby,kitchen, washrooms, main hall -Monday to Friday 6:00am. to 6:00 pm. b)Office –exclusive use. c)Playground and playground equipment, Monday to Friday 6:00am. to 6:00pm. (please note this is not exclusive use, the public can not be excluded from using the playground equipment) d)Preschool/Day Care room Monday to Friday 6:00 am. to 6:00 pm. (please note all materials and furniture must be stored/moved to allow for small evening and week end community meetings from time to time with prior notice. 11)The Tenant agrees to ensure all facilities and equipment used ar e clean and tidy after each use. 12)The landlord can use this space for community bookings with appropriate notice. Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 14 13)The Tenant will assist the caretaker by opening doors, gathering mail and relay messages from the hall phone located in the tenants office.The tenant will reimburse the landlord for all long- distance phone charges associated with the telephone located in the office . 14)The Tenant has access to the kitchen during the Tenants normal operating hours, the Tenant agrees to clean and sanitize the kitchen after each use. 15)The Tenant’s equipment and supplies must be removed from the activity hall and lobby by 6:00 pm. each evening –no equipment or supplies will be stored in the lobby or activity hall at any time without prior arrangement with the resident caretaker. The tenant may store supplies and equipment in the hall storage room not to exceed an area of 54” x 86”. 16)From time to time (infrequently) the landlord, with prior notice may require the main activity hall for short duration rentals Monday to Friday 6:00 am. to 6:00 pm. 17)The Tenant must allow emergency and trades people access to the facility during weekday hours as necessary. 18)The Tenant must allow public access to outside park and playground facilities. Fundamentals_Childcare_Centre_2015_Copy_10F6A0E9 15 SCHEDULE “C” PREMISES (SKETCH PLAN/PREMISES OUTLINED IN RED) Hammond Community Centre