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HomeMy WebLinkAbout2012-03-19 Workshop Meeting Agenda and Reports.pdfDistrict of Maple Ridge COUNCIL WORKSHOP AGENDA March 19, 2012 9:00 a.m. Blaney Room, 1st Floor, Municipal Hall The purpose of the Council Workshop is to review and discuss policies and other items of interest to Council. Although resolutions may be passed at this meeting, the intent is to make a consensus decision to send an item to Council for debate and vote or refer the item back to staff for more information or clarification. REMINDERS March 19, 2012 Closed Council following Workshop Committee of the Whole Meeting 1:00 P.M. 1. ADOPTION OF THE AGENDA 2. MINUTES - March 5, 2012 3. PRESENTATIONS AT THE REQUEST OF COUNCIL 3.1 4. UNFINISHED AND NEW BUSINESS 4.1 Preliminary 2011 Year-end Update (General Revenue Fund) Staff report dated March 19, 2012 providing a preliminary update of the 2011 results in the General Revenue Fund. 4.2 Draft Business Licencing and Regulation Bylaw No. 6515-2011 Staff report dated March 19, 2012 recommending that the draft Business Licencing and Regulation Bylaw No. 6515-2011 be finalized following Council's input and forwarded to first reading. Council Workshop March 19, 2012 Page 2 of 4 4.3 Density Review Process for North Albion Area Staff report dated March 19, 2012 recommending that Option #3 Albion Matrix Amendment Process be endorsed and that the process for the processing of in stream rezoning applications in the study area be endorsed. 4.4 Development of District Owned Property in Town Centre Staff report dated March 19, 2012 recommending that the process outlined in Figure 3 be endorsed. 4.5 Council Remuneration Policy Staff report dated March 5, 2012 recommending that the Council Remuneration Policy be adopted. (forwarded from the March 5, 2012 Council Workshop Meeting) 5. CORRESPONDENCE The following correspondence has been received and requires a response. Staff is seeking direction from Council on each item. Options that Council may consider include: a) Acknowledge receipt of correspondence and advise that no further action will be taken. b) Direct staff to prepare a report and recommendation regarding the subject matter. c) Forward the correspondence to a regular Council meeting for further discussion. d) Other. Once direction is given the appropriate response will be sent. 5.1 Metro Vancouver - Notification of Proposed Amendment to the Metro Vancouver Regional Growth Strategy Letter dated February 23, 2012 from Paulette Vetleson, Manager/Corporate Secretary, Metro Vancouver notifying all affected local governments of a proposed amendment from the City of Coquitlam to the Metro Vancouver 2040 Regional Growth Strategy Bylaw. Recommendation: receive for information Council Workshop March 19, 2012 Page 3 of 4 G. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL MATTERS DEEMED EXPEDIENT S. ADJOURNMENT Checked by: Date: I D Council Workshop March 19, 2012 Page 4 of 4 Rules for Holding a Closed Meeting A part of a council meeting may be closed to the public if the subject matter being considered relates to one or more of the following: (a) personal information about an identifiable individual who holds or is being considered fora position as an officer, employee or agent of the municipality or another position appointed by the municipality; (b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; (c) labour relations or employee negotiations; (d) the security of r)roperty, of the municipality; (e) the acquisition, disposition or expr_uriation of land or improvementsif the council considers that disclosure might reasonably be expected to harm the interests of the municipality; (f) law enforcement, if the council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; (g) liti tion or potential liti tion affecting the municipality; (h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council (i) the receiving of advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 0) information that is prohibited or information that if it were presented in a document would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act (k) negotiations and related discussions respecting the proposed provision of a, municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; (1) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preDaring an annual report under section 98 [annual municipal report] (m) a matter that, under another enactment, is such that the public may be excluded from the meeting; (n) the consideration of whether a council meeting should be closed under a provision of this subsection of subsection (2) (o) the consideration of whether the authority under section 91(other persons attending closed meetings) should be exercised in relation to a council meeting. (p) information relating to local ernment participation in provincial ngigotiations with First Nations, where an agreement provides that the information is to be kept confidential. �w District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin MEETING DATE: 19-March-2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Council Workshop SUBJECT: Preliminary 2011 Year-end update (General Revenue Fund) EXECUTIVE SUMMARY: The 2011 Consolidated Financial Statements have been drafted and will be finalized following completion of the audit. The purpose of this report is to provide some background information highlighting the differences between the financial plan and the financial statements as well as a preliminary update of 2011 results in the General Revenue Fund. Overall, 2011 results were positive. After providing for projects planned for 2011 that will progress in 2012, as well as items identified through our year-end processes we ended the year with a General Revenue annual surplus of $594,645. Total revenues were $122.3 million, while expenses and transfers to reserves totalled $121.7 million. Favourable variances contributing to overall results included positive investment returns, higher than anticipated grants from senior levels of government, gains from the sale of property and savings from planned principal and interest payments on authorized but not yet accessed debt, offset by a shortfall in building permit revenues and costs in excess of budget for snow removal. The impact of these offsets was mitigated by transfers from reserves established specifically for that purpose. A review of the Consolidated Financial Statements will be provided in April once the statements are finalized. 1:�3K�7►�I►�1�►19 A Ill01 None required. For information only. DISCUSSION: Background: The Financial Plan is one of the most important documents for a local government. It sets out all of planned uses of funds in a year and the source of those funds. Planned uses include expenditures for our day-to-day operating activities, transfers to reserves and investments in tangible capital assets; planned sources include taxes, revenues from user fees, grants from other levels of government, investment income as well as transfers from reserves. The Community Charter requires that the total of proposed expenditures and transfers to reserves must not exceed the total of proposed revenues and transfers from reserves. The result is a "balanced budget" where planned inflows of funding are equal to the planned outflows. The Financial Statements compare our actual financial performance against the activities set out in the Financial Plan. The Community Charter requires financial statements to be prepared in accordance with generally accepted accounting principles for local governments. In Canada, the 4.1 Public Sector Accounting Board (PSAB) sets those accounting principles and prescribes the model used for our statements. The format required for the Financial Statements differs from the format required for the Financial Plan, and the differences between the two documents can easily result in confusion. For example, the financial plan treats transfers to and from reserves as transactions, while the financial statements at the consolidated level ignores transfers as they take place within the corporate entity. The objective of the Financial Plan is to demonstrate that a local government has identified how it will pay for all of the activities it plans to accomplish in a year, while the objective of the Financial Statements is to report the financial condition of a local government at a point in time. This is a fundamental difference and it is important to keep this in mind as we review financial results for 2011. General Revenue Update Local government operations are extremely diverse; our business includes everything from the provision of water, to maintaining our infrastructure, to developing the plans that will guide our community's growth, to fire protection services to fitness classes. All of these different business streams have different resource demands; some are supported by day-to-day operations, while others require long-term planning to ensure we're positioned to meet the demands of a growing community and have the fiscal capacity to sustain our infrastructure. Tools, such as our reserves, the General Revenue Fund and the Sewer and Water Utilities help us manage both the short and long-term demands of our business. This report will focus on operations within the General Revenue Fund as this is the area where Council has the most discretion and it is the transactions in this fund that drive property tax rates. Overall, results for 2011 were positive. After providing for projects planned for 2011 that will progress in 2012, as well as items identified through our year-end processes, we ended the year with a General Revenue annual surplus of $594,645 as shown on Appendix 1. Total revenues realized total $122.3 million with favourable variances realized through a combination of positive investment returns, higher than anticipated grants from senior levels of government, and gains from the sale of property offset by shortfalls in building permit revenues and other contributed revenues. Expenses and transfers to reserves totalled $121.7 million with favourable variances coming from a combination of savings on planned principal and interest payments for authorized but not yet accessed debt, and mindful cost containment in all operating areas, offset by costs in excess of budget for snow removal. Council has established various reserves to help mitigate the impact of fluctuations in certain key revenue and expense categories. Therefore, although building permit revenues missed financial plan targets by $263,885, we were able to transfer this amount from the Building Permit Reserve, similarly, snow removal costs exceeded budget by $13,985 and we transferred this amount from the Snow Removal Reserve. Savings from the Police Contract of $751,000 were transferred to the Police Services Reserve to assist with various policing issues as they are identified. The results noted above include these items. Year-end Provisions As part of our year-end processes, we attempt to provide for various initiatives or programs that have been identified as priorities. During the 2012-2016 business planning sessions Council directed funding be set aside to complete the following work items: a report looking at implementing zoning amenities in Maple Ridge and a study around our commercial and industrial lands. $100,000 has been set aside for these items. The Downtown BIA undertook a fagade improvement program where property owners could apply for funding to help defray the costs of upgrading their building's appearance. The District agreed to support this program by using surplus through 2013. $50,000 has been set aside for our 2012 and 2013 commitments. In 2007, Council established a pool to support succession planning in the District. During business planning it was identified that the original pool of funding is fully committed, and due to the significant number of pending retirements, some additional funding would assist in those transitions. $85,000 has been set aside for this purpose. The BC SPCA has approached District staff for support to implement a subsidized spay & neutering program and a detailed presentation is planned for Council in the coming weeks. The objective of the program is to reduce the number of unwanted animals in the community. Should Council wish to proceed with this program, a total of $105,000 has been set aside over three years. Council established the Town Centre Investment Incentive Program to encourage accelerated private sector investment in residential and commercial projects to help achieve Council's vision of a strong and vibrant town centre. The program is already delivering positive results, as communicated in the Council report of March 5, 2012. To ensure that we can continue with the program $570,000 has been set aside to provide additional support for partnering agreements and to help mitigate the impact of the growth related tax exemptions offered as part of the incentive program. On January 24, 2012, Council passed a resolution, authorizing an allocation of up to $185,000 from surplus to support the Albion Flats planning process. This has been set aside, and per the resolution, will require approval from the CAO before being accessed. An amount of $345,000 has been set aside as a contingency to address potential costs in the protective services area. This will be discussed at a future meeting. It should be noted that the items in the following table are provisions only, they will be included in the next financial plan amendment. Year -End Provisions Zoning Amenities Report $ 25,000 Commercial / Industrial Study $ 75,000 BIA Fagade Improvement Program (2012-2013) $ 50,000 Succession Planning $ 85,000 SPCA spay/ neuter program (2012-2014) $105,000 Town Centre Investment Incentive Program $570,000 Albion Area Studies Contingency $185,000 Protective Services Contingency $345,000 CONCLUSIONS: Final year-end results for 2011 will be available following the completion of the audit. In the interim, this report provides an overview of General Revenue performance for the year, with an increase to General Revenue accumulated surplus of $594,645 after providing for a number of initiatives important to Council. Prepared by: Catherine Nolan, CGA Manager of Accounting r Approved by. Pa I Gill CGA GM, Corporate andf.4%pcial Services Concurrence: gief (Jim) RA Administrative Officer General Revenue Fund Analysis For the year ended December31, 2011 Revenues Taxes and grants in lieu Fees & Other Charges Investment income Government Transfers Equipment Other Collections for others Total Revenue Expenses (excluding amortization) Appendix 1 Actual 60,186,831 14,933,106 2,825,653 3,363,755 2,670,008 1,069,222 37,293,187 - 122,341,762 General Government 11,368,744 Protective Services 27,697,407 Transportation 8,542,653 Planning; Public Health & Other 3,946,394 Recreation 18,124,917 Principal Payments 1,878,010 Collections for Others 37,293,187 Total Expenses 108,851,311 Transfers Transfers from reserve accounts - 10,941,295 Transfers to own reserves 16,883,258 Transfers to reserve funds 4,534,049 Transfers to GCF (fund inventory change) 15,940 Transfers to Capital (Capital Program) 2,241,024 Interest transferred to reserve accounts 162,830 Net Transfers 12,895,806 General Revenue Annual Surplus 594,645 General Revenue Accumulated Surplus-beginningofyear 5,156,074 General Revenue Accumulated Surplus - end of year - 5,750,719 - District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: March 19, 2012 and Members of Council FROM: Chief Administrative Officer ATTN: Council Workshop SUBJECT: Draft Business Licencing and Regulation Bylaw No. 6515-2011 EXECUTIVE SUMMARY: The current Business Licencing Bylaw No. 6333 was adopted in 2005 and since that time there have been a number of changes in the way the business community operates. Some businesses have changed their business practices while other business types have just started appearing in the marketplace. To accommodate these changes there needs to be amendments to the Bylaw. Everything from definitions, to regulations to fee structures require amending to bring the Bylaw into line with the current business operations now actively operating in Maple Ridge. Due to the magnitude of the changes this report recommends repealing the existing Bylaw and Council adopting a new Bylaw that not only retains the sections of the Bylaw that still work for the District but also includes the required amendments that reflect the changes in the business community. (Draft Business Licencing and Regulation Bylaw No. 6515-2011 attached as Appendix 1) Sections 59(2) and (3) of the Community Charter require that Council seek public input to those parties who may be affected by the Bylaw prior to the adoption of the regulation. This requirement is typically met by placing two consecutive advertisements in the local newspaper to provide residents and business operators with advance information that the Bylaw is being considered for adoption providing them with an opportunity to address any issues they may have with the propose legislation. In 2011 Council discussed the merits of intermunicipal business licencing and staff have been actively involved in pursuing a workable model within the lower mainland. At this juncture these discussions remain ongoing. Should consensus be reached with other municipalities with regard to a workable model the bylaw will be amended at that time. RECOMMENDATION(S): That following Council's input at the March 19, 2012 Workshop, the draft Business Licencing and Regulation Bylaw No. 6515-2011 be finalized and forwarded to Council for 1st reading. That Public Notice of the proposed Business Licencing and Regulation Bylaw be given in accordance with Sections 59(2) and (3) of the Community Charter prior to the adoption of the Bylaw. DISCUSSION: a) Background Context: The current Business Licencing and Regulation Bylaw No. 6333 was adopted in 2005 and subsequently amended twice, once in 2006 and again in 2007. This bylaw is lacking in a number of areas including required definitions to match the current categories set out in Schedule A of the Bylaw, greater clarity regarding the cancellation and suspension of a business licence, specific regulations for Non -Profit Societies and numerous specific conditions relating to specific types of businesses. There are a number of additional new categories added to the Bylaw such as Bed and Breakfast operations, Non -Profit Societies, U- Brew's, Pet Stores and a more thorough category for Automated Teller operations regardless of where they are located. There are additions to the proposed Bylaw to require the posting of specific signage in Licenced Premises warning about Fetal Alcohol Spectrum Disorder. Specifically the requirements will be for any licensed premise which permits the consumption of alcoholic beverages on the premise.There shall be one sign conspicuously displayed in both the male and female washrooms located within the premise; and at least one sign located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage take place. For any make -your -own premises there shall be at least one sign, located so it is clearly visible from all locations where the sale of the supplies, prepackaged ingredients or equipment takes place. For any licensed premise which includes alcohol choices, there shall be an ASD warning placed on all menus. There are also numerous housekeeping amendments required to provide consistency within the Bylaw itself as well as other related Bylaws within the District. Intermunicipal Business Licencing The concept of intermunicipal business licencing has been under discussing for a number of years. In 2011 Council discuss this item in great detail. At a Regular meeting of Council in February 2012, the Chamber of Commerce from Pitt Meadows made a presentation regarding mobile or intermunicipal business Licencing for the District's consideration. Discussion of such a proposal has been going on in the lower mainland and Fraser Valley for a number of years now an at this point talks between individual municipalities are still taking place. There are three existing Intermunicipal Licence programs in existence in the province at this time. One involving 14 municipalities in the Greater Victoria area, an intermunicipal program on the North Shore involving 3 municipalities and the most recent program in the Interior of BC. There is a uniqueness to the lower mainland and Fraser Valley that requires significant forethought and planning if such a program is going to succeed in these areas. For this reason Intermunicipal licencing does not form part of the proposed bylaw at this time. Once all the municipalities involved in the current discussions have reached a consensus and have had an opportunity to report off to their respective Council's if such a program is to be brought forward it is a relatively simple amendment to the Bylaw. b) Business Plan/Financial Implications: Other than establishing new fees for proposed new categories there are no fee increases proposed in the draft Business Licencing and Regulation Bylaw No. 6515-2011. c) Alternatives: To not adopt the proposed new Bylaw No. 6515-2011 but rather make significant amendments to the existing Business Licencing and Regulation Bylaw No. 6333-2005 to accommodate the required changes. d) Customer/Citizen Implications Sections 59(2) and (3) of the Community Charter require that Council seek public input to those parties who may be affected by the Bylaw prior to the adoption of the regulation. This requirement is typically met by placing two consecutive advertisements in the local newspaper to provide residents and business operators with advance information that the Bylaw is being considered for adoption providing them with an opportunity to address any issues they may have with the propose legislation. CONCLUSIONS: That Council consider the proposed Bylaw and give it first reading and direct staff to put the appropriate public notice in the local newspaper to provide the public with the required notice of the District's intentyoa- opt the p�aposed new Business Licence regulation. Prepared by-. E. iz) Hofitzki DirectoVILicepo6s, PeIrrMand Bylaws ved Y Frank Quinn, MBA, P.Eng General Manager, Public Works & Development Services ncurrence: J.L. (Jim) Rule Chief Administrative Office LH/jd District of Maple Ridge Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 Effective Date: DRAFT District of Maple Ridge Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 Table of Contents Part1 Citation.............................................................................................................2 Part2 Severability.......................................................................................................2 Part 3 Previous Bylaw Repeal.....................................................................................2 Part 4 General Provisions...........................................................................................2 Part5 Definitions........................................................................................................2 Part 6 General Licence Requirements....................................................................13 6.5 Licence Period......................................................................................... 15 6.6 Licence Renewal..................................................................................... 15 6.7 Licence Changes..................................................................................... 15 6.8 Licence Posting....................................................................................... 16 6.9 Licence Inspector's Powers and Duties .................................................... 16 6.10 Refusal of a Licence................................................................................ 17 6.11 Terms and Conditions of a Licence........................................................... 17 6.12 Suspension and Cancellation of a Licence ................................................ 17 6.13 Council Reconsideration.......................................................................... 18 Part7 Specific Regulations.....................................................................................18 7.1 Adult Entertainment Store........................................................................ 18 7.2 Adult Publications.................................................................................... 19 7.3 Arcades, Cyber Centres and Billiard Halls ................................................. 19 7.4 Automobile Wrecking and Salvage........................................................... 20 7.5 Bed and Breakfast................................................................................... 21 7.6 Body Rub Studios, Body Painting Studios and Modelling Studios ............... 21 7.7 Casinos...................................................................................................24 7.8 Commercial Parking Lots......................................................................... 25 7.9 Contractors............................................................................................. 25 7.10 Dog Daycare............................................................................................ 25 7.11 Exotic Performer...................................................................................... 26 7.12 Farm Produce Retail................................................................................ 27 7.13 Farmers' Market...................................................................................... 28 7.14 Insurance................................................................................................ 29 7.15 Internet Access....................................................................................... 30 7.16 Lot B, Section 21, Township 12, Plan BCP 21769...... 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Bookmark not defined. 7.17 Licensed Premises and U-Brews.............................................................. 30 7.18 Mobile Food Vendors............................................................................... 31 7.19 Mobile Ice Cream Vendors....................................................................... 31 7.20 Non -Profit Agencies/Organizations........................................................... 32 Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 2 7.21 Peddlers/Canvassers.............................................................................. 32 7.1 Post Box Rental Agency........................................................................... 33 7.2 Second Hand Dealer................................................................................ 33 7.3 Social Escorts.......................................................................................... 36 7.4 Solicitor for Charity/Fundraising............................................................... 38 7.5 Temporary Commercial Vendor................................................................38 7.6 Tobacco Sales......................................................................................... 38 Part8 Offence and Penalty...................................................................................... 39 Schedule A - Licence Fees.........................................................................................42 Schedule B - Specifications for Signs..............................:......................................... 60 Schedule C - Second Hand Dealer's Report..............................................................62 Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 1 District of Maple Ridge Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 A Bylaw respecting the granting of licences and regulating of Business within the District of Maple Ridge. WHEREAS Council may, pursuant to the provisions contained in the Community Charter, regulate in relation to Business; AND WHEREAS in regulating under the Community Charter, Council may provide for a system of licences, permits or approvals; AND WHEREAS Council may, pursuant to the Community Charter, delegate its powers, duties and functions to an officer or employee of the District, which delegation may include the authority to suspend a Business Licence; AND WHEREAS Council considers it in the public interest to regulate and license Businesses within the District; AND WHEREAS Council has given notice of its intention to adopt this Bylaw by placing advertisements in the local newspapers, and has provided an opportunity for persons who consider they are affected to make representations to Council; NOW, THEREFORE, Council of the District of Maple Ridge in open meeting assembled enacts as follows: Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 2 Part 1 Citation 1.1 Business Licencing and Regulation Bylaw, Bylaw No. 6815-2011. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Maple Ridge Fetal Alcohol Syndrome:.W. a'rning Sign Bylaw No. 5228-1995, and 3.2 Business Licencing and Regulation Bylaw No. 6333-2005,:ar d the following amendment bylaws are hereby repealed: Amendment Bylaw Effective; Date Bylaw No. 6451-2006 November 28, 2006 Bylaw No. 6503-2007 December 18,'2007 Part 4 General Provisions 4.1 Uniess:ptherwi8e def.lhpd herein, all wards and phrases in this Bylaw shall hive theNmeaning g1ven to them in the Local Government Act and the <` Lommunity charter. `' 4.2 :Headings for eacfjsection of this Bylaw are intended to organize the content and,;are to be users"far reference purposes only. 4.3 Wherever -the singular or masculine form of a word is used, it shall also mean the plural iar feminine form of the word as the case maybe. Part 5 Definitions 5.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: "Acupuncturist" means a person who pierces any part of a client's body with needles as a means of treating disease or pain, and who holds a valid licence issued by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 3 "Amusement Machine" means a machine on which mechanical, electrical, automatic, computerized, video, online or internet games are played for amusement or entertainment and for which a coin or token may be inserted or a fee charged for use. "Antique" means a work of art, piece of furniture, or decorative object made at an earlier period and according to various custom laws at least 100 year ago. "Arcade" means Premises where five (5) or more Amusement Machines are made available to members of the public for a fee. "Adult Entertainment Store" means Premises that, excluding contraceptive devices, offers for rent, use, viewing or sale an abject, device, machine or any form of entertainment including an Adult Publication that is designed or intended to be used in a Sexual Act or,which depicts.a,Sexual Act. "Adult Publication" means any bao&I.pamphlet, magazine.or printed matter however produced, which contains _visual image or representation of Nudity, Sadomasochistic Behaviour or a SexuaIAct. "Applicant'° means any person that apples:v"a Licence pursuant'to this Bylaw. "Application" means a written. -requd§t'.W an Applicant for the issuance of a Licence in the fam' attached id -this Bylaw as Schell-u.le. "A" as amended from ..... time to time.- "Auction" means offering or putting up for sale real or personal property where the public Als invited to make competitive bids for the items offered for sa1e,.l ut`dves not �ncliide a Crown officer selling Crown property by auction or a sheriff's officer or� iliff selling property under a judgment or in satisfaction of rents or taws. "Automated Teller Machine" :means a machine that permits a customer to access -and use certain financial services customarily provided by a Financial Institution, and includes such a machine that is located in or affixed to any Premises .h.cludingthe Premises in which a Financial Institution operates its principal Business. if.the machine can be accessed by customers outside the Financial Institution's regular Business hours. "Automated Vending Machine" means any machine or device that: a) is operated by or requires for the operation thereof the insertion of a coin, token, currency of any kind, credit card or bank card, and b) sells or dispenses money, a service or goods, or provides music, recreation, or amusement of any kind whatsoever. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 4 "Bed and Breakfast" means a Business of providing a maximum of three (3) bedrooms but no cooking facilities provided for tourists or persons who only briefly occupy a Dwelling Unit, where the room rate includes meals provided on the Premises and where the maximum length of occupancy at the Dwelling Unit by a patron is not more than thirty (30) consecutive days in any twelve (12) month period. "Bingo Hall" means a recreational facility used or intended to be used for the purpose of playing bingo, where a licence has been issued by the British Columbia Gaming Policy and Enforcement Branch to charitable or religious organizations as a Licensee, but excludes casinos and casino halls. "Billiards" includes snooker, pool, bagatelle and other similar games. "Billiard Hall" means any Premises where three (3) or more billiard tables are made available to members of the public for a fee, but does not include Premises owned and operated by a Non -Profit Society or Premises with a Liquor Primary Licence. "Body Rub" means the act of man ipulating=, touching, or stimulating by any means a person's body or park thereof, bufdoes not include medical, therapeutic or cosmetic massage treatment giver} by a person duly licensed or registered under any statute of the Province of British Columbia governing such activities other than the Gommunity.Charter. . . "Body Rub Studio"; 'means any Premises where a Body Rub is performed, offered or requested for a fee. "Body. Painting Studio" means any Premises where, directly or indirectly, a fee is paid: or any activity involvir g.the application of paint, powder, or similar <,materials to the body by another person. 3 "Business" means the carrying on of a commercial or industrial undertaking of any kind or nature or the providing of professional, personal, or other services for the:purpose of gain or profit. "Buy" includes purchase, barter, deal in, take in exchange, take in part payment, or receive on consignment. "Carnival" means an itinerant exhibition, show or production temporarily located in the District, which offers to the public amusement rides, circus performances, games of skill or chance, or other similar entertainment. "Canvasser" means any person who canvasses or solicits Business within the District from cards or samples, or in any other manner whatsoever, takes orders for works or services or for the sale of any goods or any article or thing for immediate or future delivery, or for the purpose of promoting any Business. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 5 "Cart" means any device designed to be moved by human power. "Caterer" means any person engaged in the preparing or serving of food or drink for consumption at Premises other than where that person carries on the Business, but excludes Mobile Food Vendors, Mobile Ice Cream Vendors, and Businesses that prepare food for take-out. "Casino" means any Premises licensed or permitted to operate as a gaming facility under the Gaming Control Act, but does not include bingo halls. "Cheque Cashing Centre" means any Premises where the Business of cashing cheques or negotiable instruments for a fee charged or chargeable to the payee of the cheque or the payee's agent is carried on, but does not include a chartered bank, credit union or trust company. "Chief Constable" means the officer in charge of the Maple Ridge Detachment of the Royal Canadian Mounted Police. "Commercial Kennel" means a Kennel limited to the keeping, training, breeding, selling, or Dog boardingfor remuneration, and limited to the number of Dogs specified in the Licence but not to exceed a density of fifty (50) Dogs per site. uCommercial Parking Lot" means an area of land or any building or part thereof where the:parking of motor vehicles is.provided for a fee, and includes areas provided specifically for customers of a Business, or tenants of a building other than a building used exclusively for residential purposes. "Community Care" means a Business. licensed or required to be licensed n eCl e Commrar�ity Care and Assisted Living Act. "Contractor"`includes any person who undertakes to door perform any construction, building, carpentry, plastering, lathing, shingling, or concrete work, or any other construction work or service for a fee, except where a Licence fee for other work or service is specifically imposed elsewhere in this Bylaw 'butshall not include a Land Developer. 14 "Council" meansthe elected officials of the District of Maple Ridge. "Convenience Store" means a use devoted to the retail sale of groceries, perishable items, household items, domestic supplies, convenience goods, and related accessory uses. "Cyber Centre" means any Premises that have available for the use of its patrons for a fee, four (4) or more computer terminals or other electronic devices that provide or are capable of providing access to the internet or other computer network systems, but does not include a school, college, university or other educational institution or a public library. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 6 "District" means the District of Maple Ridge. "Dog" means any animal of the canine species. "Dog Daycare" means to feed, house, care, and/or groom a Dog for a fee between the hours of 7:00 am and 7:00 pm with a maximum of 20 dogs per site, and may involve retail sales of Dog related items but excludes overnight Dog Boarding. "Dog Boarding" means to feed, house and care for a Dog for a fee and, when the boarding does not exceed twelve (12) hours.- "Driver's Licence" means a valid driver's Iiceppe issued pursuant to, or an equivalent licence recognized under, the Motor`Vehicle Act of the Province of British Columbia. " .. "Dwelling Unit" as defined in the pstrct of Maple Ridge Zoning Bylaw as amended from time to time. "Electronic Gaming" means any activity 6r game�of chance for money or other valuable consideration carried out or played.on an electronic or mechanical device or machine, but excludes the purchase or sale of lottery tickets pursuant to a government lottery scheme. "Escort Services"_ means any person conducting the Business of providing escorts or,:partnees far_social oCC'65ions— "°;...:. "Exotic Performer" means a person who, for a Business purpose, is in a state of Nudity or wha;removds a majority"of all of that person's clothing to be in a state of Nudity, birt;excludes.a persondepicted in a motion picture. "family Day Dare" means the provision of care of children in a home environment, licensed forthis use in accordance with the Community Care cind,Assisted LivingAct, and includes Group Daycare, Out of School Care, Pre - School,. Emergency are and Child Minding, as defined under the Child Care Licensini Regulatioh, and not to exceed a maximum of 8 children in care. "Farm Prodube" rrieans berries, fruits, vegetables, honey, eggs, fresh cut flowers, live fowl:liVe poultry, bedding plants, seeds, and trees commonly known as Christmas Trees sold only during the Christmas season, bulbs and similar products, live shrubs or trees grown or produced from seeds, seedlings or cuttings on the individual farm on which the sale is taking place; but excluding dressed fowl or poultry, butchered meat and preserved foods. "Farmers' Market" means the carrying on of a Business that organizes a group of vendors to gather in a temporary, open-air market located outdoors for the purpose of selling to the public only goods described in section 3.38 of this Bylaw. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 7 "Fitness Centre" means any Premises that provide patrons the opportunity to perform physical activity for a fee and includes recreational clubs, fitness centres, hand ball courts, squash courts, health clubs, rock climbing facilities, batting cages, and gymnasiums. "Food Primary Licence" means a Food Primary Licence issued pursuant to the Liquor Control and Licensing Act. "Highway" as defined in the District of Maple Ridge Highway and Traffic Bylaw as amended from time to time. "Household Daycare" means the provision of care of children in a home environment, licensed for this use in accordance with the Community Care and Assisted Living Act, and includes Group Daycare, Out of School Care, Pre - School, Emergency Care and Child Minding, as defined under the Child Care Licensing regulation, not to exceed,a maximum of 8 child.ren in care. "Junk" means any scrap, waste, discarded material, goods or debris whether or not stored for salvage, dismantling or,recycling.. "Licence" means a Business. licence required pursuant to this Bylaw. "Licensee" means a person to whom;a current Licence has been issued under this Bylaw. . "Licence Inspector"means the Director.of Licences, Permits and Bylaws or their designate. "Licensed Premises" means any Premises licensed under the provisions of the. Liquor Control arid Licensing Act and includes restaurants; "Liquor Primary Licence" means a liquor primary licence or liquor primary club licence issued pursuant to the Liquor Control and Licensing Act. "Loiter" means to delay an activity with idle stops and pauses or to remain in an area. for no obvious reason. "Manufacturing" means carrying on the Business of assembling, fabricating, processing, altering or finishing any goods. "Medical Health Officer" means a medical health officer designated under section 71 of the Public Health Act. "Mobile Food Vendor" means a person who sells or offers to sell food items from a Cart or Vehicle. "Mobile Ice Cream Vendor" means a person who sells or offers to sell frozen novelty products such as ice cream bars, popsicles, or yogurt bars from a Cart or Vehicle located on a public Highway. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 8 "Modelling Studio" means Premises where, directly or indirectly, a fee is paid for the furnishing of persons as models who pose in a state of Nudity on the Premises for the purpose of being sketched, painted, drawn, sculptured, photographed, or otherwise depicted, but does not include a studio which functions as an educational institution authorized under legislation of the Province of British Columbia governing educational institutions, nor to a studio which functions to provide models who are sketched, painted, drawn, sculptured, photographed, or otherwise depicted and the depiction is produced for commercial purposes, or to a studio which is being operated for purely artistic purposes. "Non -Profit Society" means a registered charitabM6'society that is: (a) incorporated and in good standing urcier the Society Act; and (b) registered as such under the;J dome Tax Act (Cat .ada) and qualified to issue tax receipts to its donors. "Neighbourhood Daycare" means aestablishment far the provision of care and supervision of a maximum of 15 ch ldren"A.anhome environment, licensed for use in accordance with the Carri`munity Care and Assisted Living =�.':: if: ....... Act, and includes Group Daycaie� Out of 5chi a! Care, Pre -School, Emergency Care and Child -minding, as"defiri nnder the Chiid_Care Licensing Regulation. m= :. u. 11 "Nudity" means the q. iawing of fh'e post=pubertaC',:human, male or female genitals ar pu.bic area`with less th, full, opaquecovering. Outdoor Recreation".. i� eons such activities as paintball, zip lining, horseback riding academies; ga;,carting; m9uritain biking, rock climbing and similar 'activities bt`does not.: t1�e'priWate use of municipal parks or facilities without the express writfen permission of the Director of Parks and Open 5.p� ces. "Pawn means the deposit of personal property as a pledge or collateral securi :for a debt. "Peddler" me5.ns,; person who sells or offers for sale goods or food items by going from place to place or house to house, or by appointment and demonstration, whether such person is acting on that person's own behalf or as an employee of another, but excludes a Solicitor for Charity. "Personal Services" means provision of specific services to the person including, but not limited to, barbering, hairdressing, beauty salons, nail salons, tailoring, shoemaking, dry cleaning and pet grooming, and excluding Adult Entertainment and Pawn shop use. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 Q "Pet Store" means a retail store where domesticated animals are offered for sale or sold to the public, but excludes an animal shelter. "Picture Identification" means one or more of the following provided it has not expired and has a photograph of the bearer: (a) driver's licence issued by a Canadian province or territory; (b) identity card issued by a Canadian province or territory; (c) passport; (d) Certificate of Indian Status issued by the Government of Canada; (e) Certificate of Canadian citizenship issued by the Government of Canada; or (f) Conditional Release Card issued by Correctional Services Canada. "Police Department" means the Royal Canadian Mounted Police.with a detachment located in Maple Ridge, British COW mbia. "Police ❑fficerA means an officer of the Police Department. "Post Box" means a box or other receptacle used or intended to be used for the collection or storage of mail "Post Box Rental Agency" means a Business that makes available for rent, lease, purchase,. possession or use one or more Post Boxes to a person or to a. Business that does riot normally occupy the Premises where the Post Box or Post Boxes are located, but does not include Canada Post. "Premises" includes stores,. offices, warehouses, factory buildings, houses, enclosures, and yards. "Prenatal Alcohol Exposure" means the consumption of any alcoholic substance (beer, wine, spirits) which has detrimental effects on the growing fetus, including implications for mental, learning, physical, and behavioural development. "Private School" means any Premises used for elementary, secondary, college, technical, language or other education or instruction generally offered to the public and which is not operated by School District No. 42 (Maple Ridge). "Professional" includes persons engaged in the Professional Business of offering any of the following services in accordance with a federal or provincial licence or standard including but not limited to: accountant, agrologist, architect, chiropractor, dentist, ecologist, engineer, financial consultant, Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 10 forester, land surveyor, lawyer, naturopathic physician, notary public, optometrist, orthodontist, osteopath, pharmacist, physician, physiotherapist, podiatrist, psychiatrist, psychologist, radiologist, registered psychiatric nurse, surgeon and undertaker. "Professional Dog Walker" means an individual whose Business or employment is walking Dogs owned by other persons. "Property Manager" means a person or a Business that rents or leases or offers for rent or lease a Dwelling Unit or Dwelling Units to other persons or Businesses. "Proprietor" means the person who ultimately controls, governs, or directs the activities carried on within the kinds of premises referred to in this Bylaw and includes the person actually in charge thereof. "Public Market" means any Premis.e's 6ontaining stalls, tables, spaces, divisions or compartments individually rented, occupied or operated for the purpose of displaying or selling goods.to.the public. "Realtor" means a person; licensed or required to be licensed under the Real Estate Services Act. "Restaurant" means an establishment.where food: and beverages are sold to the public and where prevision is made,for consumption on or off the Premises..The establishment may be licensed as:"Food Primary" under the Liquor Control and Licensing Act: "Retail Business" means a Business selling goods for final consumption, in contrast to,a sale for further sale or processing, and includes accessory `manufacturing.or assembly of the goods for sale. "Sadomasochistic Behaviour" means scenes involving a person or persons, any of whom are imb, state of Nudity, who are engaged in activities involving flagellation, torture;. fettering, binding, or other physical restraint of any other person;::-; "School Holiday" means any day which is a holiday, or any day or part thereof that is a non -instructional day for schools in Maple Ridge. "Scrap Dealer" means a person whose primary Business is the collection and delivery of scrap to a licensed salvage yard, recycling plant or recycling depot. "Scrap Metal Dealer" means a scrap metal dealer as defined in Scrap Metal Dealer Regulation Bylaw No. 6772-2010 as amended from time to time. "Second Hand Articles" means any used goods, including junk, offered for sale or taken in Pawn but does not include the following: Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 11 (a) used clothing, furniture, costume jewellery, footwear, and houseware items such as dishes, pots, pans, cooking utensils and cutlery; and (b) used books, papers, magazines, vinyl records and long play records. "Second Hand Dealer" means a person carrying on the Business of buying, selling, taking in Pawn, procuring or offering for sale Second Hand Articles but does not include the following persons, stores, or transactions: (a) a person who is licensed by the Province of British Columbia to deal in used motor vehicles; (b) a person who deals only in antiques; (c) a person who only purchases, sells 1 r col lee recyclable materials for the sole purpose of recycling. pecyclable materials shall include bottles, cans, plastics, glass.cardboard, paper or.other recyclable materials but shall not inclide.scrap metal that is not:part of a can or food container; (d) a thrift store or charityystore which- receives Second Hand Articles by donation; v` (e) transactions involvingSeco6d land Articles purchased at a public auction where the seller's name,ah&address is recorded in the records of the auction house: nM«r (f) trarsactions involving Secdh Hand Articles purchased at a consignr►ent store.where the seller's name and address is recorded in -ae.;records of the consignment store; and (g) transactions involving an exchange or trade of Second Hand Articles for another Second :Hand Article where no money is given by the dealer to the personjrom wham the Second Hand Article was received. "Second Hand Deal is' Report" means the report form attached hereto as ScheduI !T" or a similar report form, including an electronic report accessible by or from a:. entraliied electronic registry to which the Police Department has uninterrupted and unlimited access, provided such other report form has first been approved in writing by both the Police Department and the Licence Inspector. "Sexual Act" means a real or simulated act as defined in the Motion Picture Act Regulations. "Social Escort" means any person who, for a Business purpose, escorts or accompanies another person, but does not include a person providing assistance to another person because of that other person's age, medical condition or disability. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 12 "Solicitor for Charity" means a person who engages in the Business of collecting or receiving money or goods, with or without the disposal or sale of goods, and includes the sale of tickets for any form of entertainment or drawing or other disposition of any prize, where some or all of the money collected or the proceeds of the disposal or sale are, directly or indirectly, given to a Non -Profit Society. "Temporary" means 30 consecutive days. "Temporary Commercial Vendor" means any person carrying on the Business of selling or offering for sale goods from a temporary location, kiosk or vehicle on commercially zoned property. "Theatre" means Premises primarily used far` the 'provision of live performances or for the projection or display of motion pictures to the public for a fee. "Tobacco" means tobacco and to baoca products in any farm in which they may be consumed, by a consumer, arid; includessnuff and raw leaf tobacco. "Tobacco Product" means tQbacc❑ Prod uctsa% tl accessories as defined under the Tobacco Tax Act. "Ll-brew" means any premises where supplies, prepackaged ingredients or equipment afdsald which contributes towards the i'haking of wine, beer or ..................:.: . other a I� ho_ib beverages; "Vehicle" as"defined in the Motor Vehicle Act. ............ "warehouse" means;<Premises used for keeping or storing goods, to which the -o general' public: does 04A.have acdep, - and which may include facilities for distribution af-Commerc aI or Industrial goods. "Wholesale Dealer'`means`apy.person who carries on the Business of selling any goods to Retal'Businesses, to other Wholesale Dealers, or to Contractors or manufacturers for use in their Businesses, but excludes an owner of a warehouse that does not employ a representative, other than the warehouse owner or operator; to solicit orders for, to handle or to distribute goods. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 13 Part 6 General Licence Requirements 6.1 Licence Requirements 6.1.1 Except as otherwise provided in this Bylaw: (a) no person shall carry on, maintain, own or operate a Business in the District without holding a valid and subsisting Licence; and (b) no person shall suffer, permit or allow a person to carry on, maintain or operate a business. (without a valid and subsisting Licence.) 6.1.2 A Licence is not required for: (a) a Property Manager that rents or leases or. offers to rent or lease no more than one Dwelling Unit in the District; (b) The Royal Canadian Legion Branch or the Army Navy & Air Force Veterans in Canada Branch with respect to a licence they may hold under the Liquor. Control & Licensing Act as amended from time. to time or an establishment it may operate with respect to.the licence; as Council considered the .Royal Canadian Legion Branch and the Army Navy & Air Force Veterans in Canada to be non-profit, charitable institutions and organizations contributing to the general interest and advantage of the District. 611.3; Every person who operates a.Business from more than one Premise in the District must apply for and maintain a separate Licence in respect of each Premise pursuant to section 6.1.1. 6.14. Every person who operates more than one Business at one Premise must apply for and maintain a separate Licence in respect of each Business.' 6.1.5 Any person operating or carrying on a Business that is regulated, controlled, permitted, or licensed by any other Bylaw or Provincial of Federal enactment shall obtain the necessary approvals from the appropriate authority prior to applying for a Licence. 6.1.6 A Licence is not to be deemed to be a representation by the District to the Licensee that the Business or proposed Business complies with any or all applicable Bylaws or other enactments. 6.1.7 The holder of a valid and subsisting Home Occupation Licence is permitted to hold a commercial display on commercial property, Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 14 subject to compliance with other municipal Bylaws, for up to 1 month in a 6 month period without obtaining a separate Licence as required in section 6.1.4. 6.2 Licence Application 6.2.1 All Applications for a Licence pursuant to this Bylaw must: (a) be made in the form provided by the Licence Inspector for that purpose; (b) be signed by the owner or operator of the Business or an agent authorized in writing by.the owner or operator; and (c) contain a true and accurate description of the following information: (i) the nature;;of the Business; (ii) the Premises, including tote civic address, from which the Business is conducted; and (iii) 0 other information the Licence Inspector may require with respect to the..operation of the Business and its' location: (iv) ;not be alter or annotated in any manner %�M 6.2.2:. :.The Lice p Inspector...may,review the Application to verify general corripliance With this Bylaw and other applicable enactments. Any . errors�6r omissions in the information provided by the Applicant on the Application will be the sole responsibility of the Applicant. Premises in or upon which the Applicant proposes to carry on '-Business.and or all vehicles used in connection therewith shall, W, ore afi such Licence is granted for such Premises or for such vei c., r irst be approved by the Licence Inspector who may in his discretion also require such Premises or vehicles to be approved by the Building Inspector, Plumbing Inspector, Electrical Inspector, Fire Officer, Chief Constable, Health Officer or any District official, as the Licence Inspector deems necessary. 6.3 Licence Fees 6.3.1 Every Applicant must, at the time of making the Application, pay to the District the Licence fee set out for his Business in Schedule "A" Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 15 to this Bylaw. No Licence shall be issued until the payment of the fee is made. 6.3.2 Notwithstanding section 6.3.1, the Licence fee prescribed in Schedule "A" shall be reduced by one-half in respect of a Business for which a Licence is issued after the 30th day of June in any calendar year. 6.3.3 No reduction or refund of the annual Licence fee paid pursuant to this Bylaw shall be made by the District due to any Licensee ceasing to own or operate the Business for which the Licence was issued. 6.3.4 Applications for a new Liquor Ph ma ry.Utcence or for an amendment to an existing Liquor Primary Licence shall be accompanied by a non-refundable fee of $500.DO, 6.4 Variable Licence Fees 6.4.1 Where the Licence fee for `4 Business is; based on the floor area, ground area, number of professionals regularly employed, number of machines, appliances, rentaf�u nits or other factors used in the carrying on of thie Business, an applicant who changes the factors upon which the Licence fee is based must immediately notify the Licence Inspector in..writing, and pay any additional Licence fee . :. wh-ich! may be payable: under Schedule "A"'as a result of the change. 6.5 Licence period 6.5.1. Licences shall `k� issued for a. period no greater than one calendar :: :::s.Ei-.. year arid.sha!I commence on tine 1st day of January and expire on ;mow the 31st day of December of each year, unless otherwise indicated on the.Licence.:,. 6.6 Licence Renewal 6.6.1:..z. ;Every Licensee must renew the Licence prior to the beginning of 'each licensing period as long as the Business for which the Licence was issued is operating or being carried on within the District. 6.7 Licence Changes 6.7.1 Every Licensee shall notify the Licence Inspector in writing within forty-eight (48) hours of the termination of operation of the Business. 6.7.2 No Licensee shall make a change to a Business, including but not limited to a change: (a) in location of the Business Premises; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 16 (b) to the Business name; (c) to any term or condition on which the Licence was issued; or (d) that would increase the Licence fee prescribed for the Business in Schedule "A" without first applying to the Licence Inspector to have the Licence changed. 6.7.3 The powers, conditions, requirements and procedures relating to the granting or refusal of a Licence shall apply to all such applications for a Licence change. 6.7.4 A person applying for a Licence change must, at the time of making the Application, pay to the District the amount by which the Licence fee under Schedule "A" will.increase. 6.7.5 In addition to the fee set. out Schedule "A", a Licensee applying for a change of location of the Premises in which the Business is carried on must pay to the District a transfer fee of $50.00. 6.7.6 A person applyingfor a name change for a corporation must, at the time of application, supply a true copy of the name change certificate issued. by the;6orporate Registry (Victoria). 6.8 Licence Posting 6.8.1 Every Licensee shall post the -,Licence in:a conspicuous place on the Premises or on the thing or article in respect of which the Licence is issued and, in the case where the holder thereof has no Business :Premises:in the District, such; 'Licence shall be carried upon his person at all times when he is`engaged in the Business for which the Licence was issued. 6.9 Licence Inspector's; Powers and Duties 6.9.2 On receipt of an application and before issuing any Licence or authorizing a change with respect to an existing Licence, an Inspector may: (a) 'At a reasonable time and in a reasonable manner, inspect the premises for which the Licence or the change to an existing Licence is sought: and (b) Require the applicant to provide proof of any certification, approval, or qualification which may be required by a federal, provincial or municipal authority with respect to the business. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 17 6.9.3 A Licence is issued on terms or conditions imposed in respect of that business by this Bylaw or in any other enactment. 6.9.1 Subject to section 16 of the Community Charter, S.B.C. 2003, c.26 a Licence Inspector may enter the business premises at a reasonable time to inspect and determine whether the regulations and requirements of the Bylaw are being met. 6.10 Refusal of a Licence 6.10.1 An Application may be refused by the Licence Inspector in any specific case, provided that: zz (a) the Application must not be unreasonably refused; and {b} the Licence Inspector must give written reasons for the refusal. ' .. 6.10.2 If the Licence Inspector ref[ 'uses to grant.a Licence, the Applicant who is subject to the decision is entitled to have Council reconsider the matter. 6.11 Terms and Conditions of a Licence.... 6.11.1 Councillor the Licence;inspectorjtr y impose terms and conditions with -respect to a Licorice granted `under this Bylaw. The terms and `conditions`Oposed on a. Licence may include any one or more of the'following.requirements that the Licensee: (a} cgmplji with"a particular.,provision of a Municipal Bylaw or any other Provincial or Federal enactment within a specified period; of time; and (b) provide to the Licence Inspector within a specified period of time evidence satisfactory to the Licence Inspector of compliance with a particular provision of a Municipal Bylaw or. any other Provincial or Federal enactment with respect to that Business. 6.12 Suspension and Cancellation of a Licence 6.12.1 A Licence may be suspended or cancelled by the Licence Inspector for reasonable cause. 6.12.2 Without limiting what constitutes reasonable cause, any one or more of the following circumstances may constitute reasonable cause: Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 18 (a) the Licensee fails to comply with this Bylaw or a term or condition of the Licence; (b) the Licensee is convicted of an indictable offence in Canada, which offence, in the opinion of Council or the Licence Inspector, directly relates to the Business; (c) the Licensee is convicted of an offence under any Municipal Bylaw or Provincial or Federal enactment in respect of the Business for which the Licensee is licensed or with respect to the Premises for which the Licence was issued; or (d) the Licensee has ceased to meet the lawful requirements to carry on the Business for which the Licensee is licensed or with respect to the Premises for which the Licence was issued. 6.13 Council Reconsideration 6.13.3 An Applicant or Licence holder who wishes Council to reconsider an Inspector's decision to refuse, suspend or cancel a Licence must, within ten business days of the date of the refusal, suspension or cancellation, deliver to the Corporate Officer a written request stating the grounds upon wh ich. the request is based. 6.13.4 The Corporate Officer must refer to Council a request made under section 6.12.3 and notify the applicantor Licence holder of the time and place at which Council will reconsider the Inspector's decision. PartT Specific Regulations 7.1 Adult Entertainment Store 7.L1 No owner or operator of an Adult Entertainment Store shall permit any person who is less than nineteen (19) years of age to be at the Premises at any time. 7.1.2 No owner or operator of an Adult Entertainment Store shall exhibit or permit to be exhibited in any window at the Premises or viewed from outside the Premises any depiction of a Sexual Act or any good, material, device, machine or entertainment which is designed or intended to be used in or for a Sexual Act. 7.1.3 Every Adult Entertainment Store shall post and keep posted at all times at every entrance to its Premises a clearly visible and legible sign, not less than 21.59 centimetres (8 1/2 inches) by 27.94 Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 19 centimetres (11 inches) in dimension, containing the words "Adults Only". 7.2 Adult Publications 7.2.1 Except in an Adult Entertainment Store licensed under this Bylaw, no owner or operator of a Business shall sell or offer to sell or display or permit to be displayed at a Business Premises, an Adult Publication except as follows: (a) all Adult Publications shall be located on a shelf, the bottom edge of which is at least 124_gentimetres (47.25 inches) from the floor; and (b) all Adult Publications shall be plad .4 behind an opaque substance which extends for the full length of the shelf on which the Aduit.Pbblications are placed and which extends vertically for at least 20.32 centimetres (8 ihches) from the bottom of the shelf.: - 7.3 Arcades, Cyber Centres"arid Billiard Halls 7.3.1 Every owner or operator. -of an Arcade' Cyber Centre or Billiard Hall shall: (a :'` post a,nd keepposted at all times at every entrance to the Premises a clearlyvisible and legible sign, not less than 21.59.centimetres�(8 GIs inches) by 27.94 centimetres (11 inches) in dimension, containing the wards "No Loitering; . (b) r ensure loitering does riot take place"; (c) post and keep posted at all times in a conspicuous place, near any Amusement Machines, computer terminals or billiard tables, a summary of the rules of conduct for customers, including the regulations set out in this section; . . (d) .. ensure that the Premises are well lit and clean; (e) not cover up any window in a manner that would prevent a clear view of the interior of the Premises from the exterior of the Premises; (f) ensure that the owner or not less than one employee of the Business is present at the Premises at all times that the Premises are open to the public; (g) not permit any patron to be at the Premises between the hours of 12:00 Midnight and 7:00 am; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 20 7.4 Automobile Wrecking and Salvage 7.4.1 Every owner or operator of an automobile wrecker, salvage yard, automobile dealer/rebuilder, towing with storage Business and towing without storage Business is subject to the regulations of this section. 7.4.2 Every owner or operator must maintain on the Premises a permanent building of at least 100 square metres (100 m2) and the building must contain an office together with washroom and cleanup facilities for employees. 7.4.3 The Premises must be kept by the owner or operator in a clean, orderly, uncluttered and unobstructed condition and any building or continuous landscape screen or the Premises must be kept in good and sufficient repair and properly painted. 7.4.4 No by -prod ucts or materials. of the Business may pe .bu rued except in a furnace or incinerator designed to trap fly ash aria -to contain the whole of the.fire. ;m M� - 7.4.5 Every owner ❑r aperatar must keep on the Premises a record of the vehicle identification 66mi' ber (VIN) and the serial numbers of all automobiles and equipment bearing these numbers, in accordance with the following: (a),: every record must., d-written in ink in a plain legible hand in ... the English language; b eve record must include the precise date and hour of t 7 ►]' . rece)vi.ng the au ornobIle or equipment for salvage or (c) eery record. must include the name, residence, or street address, and description of the person from whom the automobile or equipment was received. The description of iz=« the person must include date of birth, height, weight, eye polar, race, gender and the type and number of Picture Identification presented. This information must be compared to and recorded from the person's Picture Identification by the proprietor; (d) every owner or operator must, at all reasonable times during Business hours, produce the owner or operator's register for the inspection of the Licence Inspector; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 21 (e) the owner or operator's register may be removed at any time by the Licence Inspector for inspection at the headquarters of the officer or for use as evidence in Court; (f) immediately upon the return of a register to the owner or occupier, the owner or occupier must enter in proper sequence each and every transaction involving the receiving of automobiles or equipment made during the absence of the register; (g) the owner or occupier must not permit any entry in a register to be erased, obliterated, or defaced, or permit any page or other portion of the register to be cut out or removed; and (h) the owner or occupier must number each record in the E: register in sequenc'and number eachpage of the register in sequence. ; 7.5 Bed and Breakfast 7.5.1 Every owner or;gperator. of a Bed„ ' :d Breakfast must: (a) supply tli'e Licen%ce :Inspector vi h,.the number of bedrooms intended for the operation and the daily rate of charge; (b kedo the records of all patron�,JncIuding dates of arrival and ry'm departure; and (c) "< ;1'posf the daily rate of charge at an easily visible location in remises: 7.5.2 No owner or' operator of a=died and breakfast will provide more than three'(3) bedrooms.. for tourists or clients. 7.6 Body_Rub Studios, Body Painting Studios and Modelling Studios 7.6.1 '' fyery appiication for a Licence to operate a Body Rub Studio, Body PiintingStudio and Modelling Studio shall be accompanied by a floor;;plarr for the entire Premises in the scale and detail as may be required by the Licence Inspector, and when any alterations are made to the Premises, the owner or operator must file revised plans immediately with the Licence Inspector. 7.6.2 Every owner or operator of a Body Rub Studio, Body Painting Studio or Modelling Studio shall: (a) Provide the Licence Inspector with the name, address, and photocopy of Picture Identification of every person proposed to be employed or engaged in the Business; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 22 (b) notify the Licence Inspector within twenty-four (24) hours of any change in the personnel employed or engaged in the Business; and (c) not employ or engage any person in the Business without first receiving the approval of the Inspector. 7.6.3 No owner or operator of a Body Rub Studio, Body Painting Studio or Modelling Studio shall: (a) employ any person or allow any person at the Premises who is less than nineteen (19) years of age; (b) permit the Premises to be'open to the public between the hours of 12:00 Midnight and 8:00 am; (c) permit any person engaged in providing`a Body Rub to manipulate, touch. or massage the male or. female genitals of any patron; (d) permit any person engaged in providing a Body Rub at the Premises to perform a Body Rub unless the person is wearing clean washable, non -transparent outer garments covering the body between the neck.and the top of the knee, ::....:..:the sleeves of which do not reach below the elbows; and i} exhibit the owner or. operator's body, or permit other persons to exhibit their bodies in any window at or about the Prerises, or. exhibitor permit to be exhibited any sign outside the Premises showing any Nudity or any printed words.that might indicate that the Premises is a place that ... offers any form of Sexual Act or entertainment involving 'Nudity. 7.6.4. Every room at the Premises which is used for Body Rub or Body :Painting or Modelling shall: (a}`y; be;at least 2.5 metres by 2.5 metres in size; (b) not be equipped with a locking device on any door to the room; (c) not have any means by which a person may view the interior of the room, other than a door providing entrance to the room; (d) be equipped with lighting of at least 50 foot candle power at all points in the room, which lighting shall remain on when the door is closed; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 23 (e) contain a massage table that is made of metal, is not less than 1 metre in height and is supplied with a single use, disposable coverings; and (f) not contain any mattress, futon, bed, couch, chair or other item of furniture that could reasonably be used as a bed. 7.6.5 The Applicant for a Body Rub, Body Painting or Modelling Studio Business Licence must provide a copy of Picture Identification and a copy of a criminal records search completed by the Police for: (a) the proprietor, in the case of,a �aie proprietorship; (b) each partner with an ownership„-r3terest, in the case of a partnership; (c) each director and.officer of the corporation, in the case of a corporate owner; and (d) each employee or independent contractor who:WlIi be providingmassage or body rub, body painting or modelling services: as part.af the Busrress; ............ (i) to the, Licence inspector, each such search to have been completed"within 30 days of the application date and; confirming that the sole proprietor, partner, directors arid; Officers, and employees or independent contractors; as applicable, has not been convicted of any.offence related to the keeping of a common bawdy house, prostitution, drug possession or dealing, pornography or violent crimes against any person. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 24 7.6.6 In the case of a partnership or corporate owner, the Applicant must provide to the Licence Inspector the name of the partner or the name of the director or officer who will provide day to day management of the Body Rub Studio, Body Paint Studio or Modelling Studio. 7.6.7 Every Body Rub Studio, Body Painting Studio or Modelling Studio must meet the following terms and conditions while in operation in the District under a validly issued Business Licence: (a) the requirements set out in section 7.6.3 (hours of operations) must be met; (b) the requirements of section 7.6.4 must be met during all hours when the Business is open for Business; (c) the owner or the:individual identified in section 7.6.5 must provide day to day management of the Business; (d) the owner or the individual identified in section 7.6.5 is responsible for ensuring that a written record is kept of the full name, address and telephone number of every person to whom the Business provides services, together with the date, time, nature and:cost of every service performed for each person and the method of payment and must make such written records. imniediately,available for inspection to the Licence inspector or his delegate any time upon request; (e) prior to permitting any employee or independent contractor to provide a service at the Business, comply with the provision of sections 7.6.3 (a) and 7.6.5 (d) with respect to that employee or independent contractor; and (f) all persons 'hired to provide any service(s) or the person providing day to day management are required upon request, by any Officer, to produce Picture Identification. 7.6.8 A failure.to comply with any or all of the foregoing terms and conditions will be a sufficient basis for the Licence Inspector to suspend, revoke or refuse to issue any further Business Licence to the Body Rub Studio, Body Painting Studio or Modelling Studio. 7.7 Casinos 7.7.1 No owner or operator of a Casino shall: (a) employ any person at the Premises who is less than nineteen (19) years of age; or Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 25 (b) permit any person to be at the Premises at any time who is less than nineteen (19) years of age. 7.8 Commercial Parking Lots 7.8.1 It shall be a condition of the granting of a Licence to any person to carry on the Business of a Commercial Parking Lot that one sign shall be posted at each entrance to the parking lot and one sign at each exit of the parking lot, stating in wording clearly legible by day or night, the circumstances under which.a Vehicle may be removed from the Premises and the address of t#ry place at which it may be reclaimed. 7.8.2 Except as set out in section 7.8R no person shall cause any Vehicle to be removed from a Commercial Parking Lot without the authority of the owner of the Vehicle..` 7.8.3 An owner or operator of a Commercial Parking Lot, or a duly authorized agent of such owner or operator, may cause a Vehicle to be removed from a Commerciai:Parkirg Lot if: (a) the owner vr`vperator of thafVehicle has not purchased a valid parking ticket or the parking ticket for that Vehicle has expired or there is no contractor permission to park that Vehicle at that Commercial Parking Lot; �b):- the Vehicle constitutes a hazard or an obstruction to the free and normal use of the Commercial Parking Lot; Vic) the ;Vehici6:!s"parked r a reserved parking spot and does not bears valid and subsisting permit to be in a reserved parking spot; or (d) the Vehicleis; parked in a space designated, by way of the infernational'symbol for the disabled, for disabled persons parking only and the Vehicle does not bear a valid and subsisting disabled persons parking placard. 7.9 Contractors 7.9.1 Every person licensed as a Contractor shall, on a form authorized by the Licence Inspector, provide the Licence Inspector with a list of all sub -trades engaged or to be engaged to conduct Business at each specific building or site at which the Contractor conducts Business. 7.10 Dog Daycare 7.10.1 Parcel requirements and restrictions are subject to conformance with the Maple Ridge Zoning Bylaw as amended from time to time. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 26 7.10.2 A Dog Daycare facility may be located on a parcel which is zoned as regulated by the Maple Ridge Zoning Bylaw as amended from time to time. 7.10.3 A Dog Daycare facility must comply with the requirements of the Maple Ridge Kennel Regulation Bylaw, the Maple Ridge Zoning Bylaw, the Maple Ridge Dog Pound and Dog Control Bylaw and the Building Bylaw as amended from time to time. 7.10.4 Operator Obligations - Hours of Operation, Maximum Number of Animals and Noise Control (a) The operator of a Dog Daycare facility_ (i) must not care for more than twenty (20) Dogs at any time; (ii) may only operate between the hours of 7:00 am and 7:00 pm, Monday to Saturday inclusive; and (iii) rhust not discharge or emit odorous, noxious or toxic matter or vapours, heat, glare, noise or radiation, or recurrently generated ground vibrations. .......... r� Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 27 7.11 Exotic Performer 7.11.1 No owner or operator of a Business shall employ or engage an Exotic Performer or permit an Exotic Performer to engage in Business at the Premises unless: (a) there is no physical contact between the Exotic Performer and any person who is not an Exotic Performer; (b) the Exotic Performer remains in or on a stage area separated from the general seating area; and (c) the Exotic Performer and all .persons viewing the Exotic Performer are nineteen (19) years of age or older. 7.12 Farm Produce Retail 7.12.1 No owner or operator of a farm Business shall carry on a Retail Business on land that is zoned for agricultura€ use under the Maple Ridge Zoning Bylaw as amended from time to time, unless all of the goods offered for sale are produced on the land at which the Retail Business is located. '. 7.12.2 Every accessory produce sales building or structure is limited to one per lot and shall not exceed eleven sq ua re. metres (11 m2) pursuant to the Maple Ridge Zoning Bylaw as amended from time to time. 7.12.3 Every. roadside stand Applicant must satisfy the Licence Inspector that:: (a.) the Applicant operates a farm in the District; and (b) the roadside stand: will not create a traffic hazard, and (ii) has been granted any required arterial highway V v access approval, in writing, from the Province of British Columbia. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 28 7.12.4 The Licence Inspector must not issue more than one roadside stand Licence for any one legal parcel which is a farm. 7.13 Farmers' Market 7.13.1 Every Farmers' Market applicant must: (a) provide evidence of permission by the owner to use the land for the purpose of a Farmers' Market if the operation is on land other than land owned by the applicant; (b) permit only the display and sale of any of the following: (i) fruit, vegetables, nuts, honey, syrups, dairy products, eggs, poultry, meat, flowers,:%herbs, and any products derived there from, that are produced in the Province of British Columbia and prepared for market in accordance.with applicable laws; (ii) artwork or handcrafted items that are designed, . .......:.... .created, produced and assembled in the Province of British Columbia; and (iii) baked. or handmade foods produced in British Columbia; Business LiCencing and Regulation Bylaw Bylaw No. 6815-2011 29 (c) provide evidence that all vendors intending to sell food products have been granted a health permit for that purpose before allowing the sale of any goods mentioned in paragraph (b); and (d) satisfy the Licence Inspector that the Farmers' Market will not create a traffic hazard or result in obstruction or other nuisance on municipal streets, sidewalks, or access routes. 7.13.2 Despite subsection 6.1.1 of this Bylaw, a vendor who is permitted by a person holding a current and valid Licence for a Farmers' Market to display or sell goods at that Farmers'; Market is not required to obtain a separate licence for that-p0eP:Ose. •Ya�'Fc ::' 7.13.3 Despite subsection xx of this, Bylaw, a Lice'Rce for a Farmers' Market: (a) permits the sale of `goods at the Farmers` Market to be carried on for only anO day per week; (b) will ❑niy;)fe.issued once d►,rng any calendar year; and (c) unless sUspendee.`cancelled or revoked, is valid for the months between April l and 0ctober.31st of that year. ; __ 7.13.4 A person l o" Id in a a Licence_,fv a Farriers' Market must: (a);... i ensure that health permits are displayed at any space where :.food'Droducts are sold: 5' Oly, and ensure eorripliance among vendors, with any Dnditions, restrictions or requirements of the Medical ealth' Dfficer, the Fire Chief or a deputy acting in the place f'e.ither; and. censure that the market area is operated and maintained in a safe, orderly, clean and sanitary condition, and that the area .is left in such condition after the market closes each day. 7.14 Insurance 7.14.1 No Licence will be granted for the operation of a spectator or sports function, or any public entertainment, including, without limitation, any exhibition, zoo, circus, carnival, rodeo, demolition derbies, automobile or motorcycle races, car rallies, go-cart races, horse races, public animal rides, or other similar function, or the operation of a Ferris wheel, merry-go-round or other similar device until the applicant has deposited proof in a form and amount satisfactory to the District that the applicant has comprehensive general liability Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 30 insurance, which includes a cross -liability clause and specifies the District as an additional insured. The Applicant must supply to the District a copy of the current certification from the Elevating Devices Branch showing all carnival rides have been inspected and are approved for use. 7.15 Internet Access 7.15.1 Any person carrying on a Business that offers internet access to the public, including but not limited to a Cyber Center, shall: (a) comply with all applicable Provincial and Federal enactments; and (b) to the extent not in conflict with such legislation, ensure that no person at the Premises under the age of eighteen (18) is permitted to acce:'ss or view websites or'web pages that depict a Sexual Aft; adomasochistic Behaviour or Nudity. 7.1 Licensed Premises and U-Brews 7.1.1 A Business owner must post signs warning of prenatal alcohol exposure which shall be located in the #allowing premises and in the following locations:: , (a).- Far any Licensed Premises which are permitted to sell alcoholic beverages for off -premises consumption, there shall be at least one sign, located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage takes.place . (b) For any Licensed Premises which permits the consumption of alcoholic. beverages on the premise, there shall be one sign conspicuously displayed in both the male and female washrooms located within the premise, and at least one sign located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage takes place; (c) For any U-brew Premises, there shall be at least one sign, located so it is clearly visible from all locations where the sale of the supplies, prepackaged ingredients or equipment takes place; (d) For any Licensed Premises, there shall be a prenatal alcohol exposure warning placed on all menus; and (e) For sign specifications see Schedule "B" which is attached to and forms a part of this Bylaw. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 7.2 Mobile Food Vendors 7.2.1 No Mobile Food Vendor shall carry on Business directly outside any Premises at which a Business is located that offers the same items for sale as those offered by the Mobile Food Vendor. 7.2.2 Every Mobile Food Vendor must obtain the Municipal Engineer's Approval. 7.2.3 Every Mobile Food Vendor shall engage in Business using a food Cart that: (a) does not exceed four squar ...metres (4 m2) in area; (b) is capable of moving on its own wheels without alteration or preparation, although it may be towed by a Vehicle; and (c) is located on private. property so that it does not interfere with or block any Highway. 7.2.4 Every person carrying on the Business of a Mobile Food Vendor shall: (a) provide a garbage container immediately next to the food Cart and shall.pick up all garbage and debris which results from the Mobile Food Vendor's Business and which is located within 25 metres of the of the food Cart; (b) obtain written approval from the provincial agency . responsible:for.health and the safe handling of food products; and r, (c) provideIa the Licence inspector upon request, written permission from the owner of the private property on which the food Cart is located, which permission indicates that the owner, operator and employees of the Mobile Food Vendor Business may access the washroom facilities located on that private property. 7.3 Mobile Ice Cream Vendors 7.3.1 No Mobile Ice Cream Vendor shall carry on Business in contravention of the Motor Vehicle Act, the Highway Scenic Improvement Act, or any other Municipal Bylaw or Provincial enactment with respect to traffic and the use of Highways in the District. 7.3.2 Every Mobile Ice Cream Vendor must: Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 32 (a) obtain written approval from the provincial agency responsible for health and the safe handling of food products; (b) obtain the Municipal Engineer's Approval; (c) provide a garbage container immediately next to the Vehicle or Cart and shall pickup all garbage and debris which results from the Mobile Ice Cream Vendor's Business and which is located within 25 metres of the Vehicle or Cart; (d) not operate before 8:00 am or after 9:00 pm; (e) not sell from a fixed location in excess of 20 minutes; and (f) not operate on a property designated. Park land unless written approval from the Manager of Parks and Facilities has been obtained: e <, 7.3.3 The amplified sound from a Mobile lco; Cream Vendor's Vehicle or Cart shall: (a) not be p(ayed`ait`a higher leve.than 60 dBA measured at a distance of 50 feet from„the Vehicle;or Cart; and (b) be shut off when the Vehicle or Cart is not in motion. 7.3.4 R Mobile Ice Cream Vendor shall only stop its Vehicle or Cart in the course. of Business. while actively engaged in making a sale and 41 shall move:ty another locatia,after all Customers have been served. 7.3.5 No member of the general public shall be permitted inside a Mobile Ice Cream Vendor's Vehicle or Cart. 7.4 Nan -Profit Agencies/prganizations 7.4.1 Every Non -Profit Society is required to hold a valid and subsisting Licence.as per Schedule "A". There is no fee for such Licence. 7.5 Peddlers/Canvassers 7.5.1 Every Peddler while carrying on such Business shall: (a) carry a valid and subsisting Licence; (b) upon request, produce the Licence to the Licence Inspector, Police Officer or any person to whom goods are offered for sale; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 33 7.1 (c) display a photo identification tag; and (d) only offer anything for sale while going from place to place or from house to house between the hours of 9 am and 6 pm. Post Box Rental Agency 7.1.2 Every owner or operator of a Post Box Rental Agency shall: 7.2 Second 7.2.2 (a) maintain a complete and accurate written record of the name and address of every person who rents, leases, owns or has possession of a Post Box on the Premises or who receives the pickup or delivery service; (b) obtain from every person referred to. in paragraph (a) a statement of whether or not that person intends to use the Post Box for Business and include that statement as part of the written record referred to in paragraph (a); (c) where the person referred to in paragraph (a) is a corporation, firm or Business proprietorship, maintain, as part of the record and in addition to the information referred to in paragraph (a)',: an accurate -written record of the name and address of at least,,one natural person authorized to represent that corporation; firm or Business proprietorship; (d) maintain the record for each Post Box at the Premises where the Past Box is located; and (e) make each customer record available for inspection upon request by the Licence Inspector. Hand Dealer An Application for a Licence for a Second Hand Dealer Business shall be made jointly by all the persons who will be actively engaged iri:the management and control of the Business. If,i r tie Bourse of any Licence period, additional persons are added to those sharing the management and control of the Second Hand Dealer Business, their names shall be immediately given to the Licence Inspector. 7.2.3 Failure to disclose to the District any of the information required in this Bylaw shall be grounds for immediate cancellation of the Licence and forfeiture of the Licence fee paid for the Licence. 7.2.4 The Licence Inspector shall not issue any Licence or approve any change to a Licence until the Police Department has reviewed and Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 34 reported on the Application and provided a copy of that report to the Licence Inspector for his consideration. 7.2.5 Any Premises in respect of which a Licence has been issued for a Second Hand Dealer Business shall be subject to inspection at any reasonable time by the Chief Constable or Licence Inspector. Every Second Hand Dealer shall: (a) maintain a Second Hand Dealers' Report; (b) at the time of buying or receiving each Second Hand Article, write (in ink, in legible printing) or type into an approved electronic registry, in the English language, the following particulars in the Second Hand Dealers' Report: (i) the precise.date and time at which each Second Hand Article is bought; (ii) an account and description of each Second Hand :Article bought by the.Second Hand Dealer, including a natation of all distinctive marks and names on each Second Hand Article; (iii) the amount paid or consideration provided for each Second Hand Article or the details of other arrangements made for consideration; (iv) the name, address, place of residence and description of the person from whom the Second Hand Article, is bought, such information to be supported by Picture Identification; and the -make, description and provincial licence plate number of any motor vehicle used for delivery to the Second Hand Dealer of any Second Hand Articles; (c) deliver to the Police Department every Monday before 10:00 am completed copies of every Second Hand Dealers' Report for the preceding seven (7) days, which reports must bear an original signature of the Licensee. If Monday is a statutory holiday, copies of the preceding seven (7) days' Second Hand Dealers' Reports shall be delivered to the Police Department the next business day after the Monday; and (d) produce, upon request, at all reasonable times during Business hours, the Second -Hand Dealers' Report for inspection by a Police Office or by the Licence Inspector and, Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 35 upon request, give over the Second Hand Dealers' Report to such person for inspection elsewhere, or for use as evidence in Court or other proceedings. 7.2.7 No Second Hand Dealer shall permit any entry made in the Second Hand Dealers' Report to be erased, obliterated or defaced, nor shall the Second Hand Dealer permit such report or any part thereof to be cut or removed from the Premises, except upon request by a Police Officer when delivered to the Police Department. 7.2.8 No Second Hand Dealer shall: (a) alter, repair, dispose of, or in any way part with a Second Hand Article (excluding Junk) bought by the Second Hand Dealer; or (b) allow a Second Hand Article (excIudingJunk) to be removed m from the Pre ises until after the expiration of. 30 days from the time the Second 'Hand Article, was bought by the Second Hand Dealer. 7.2.9 During the 30 dayuperiad set out in'sction 7.2.6 (b), each Second Hand Article shall (a) ''clearly and physically segregated an-,,Rept apart from all other articles on -the SecondHand Dealer's Premises; and r.. (b) subject to inspection during Business hours by the Licence Inspector. fe 7.2.10 Notwithstanding sections 7.2.8 and 7.2.9, a Second Hand Dealer mayo (a) dispose of :'a Second Hand Article after 30 days from the time the Second Hand Article was bought, if the Second Hand Dealer has recorded the Second Hand Article in an approved electronic registry; or (b) seek special authorization from the Chief Constable to dispose of a Second Hand Article before the expiry of 30 days from the time the Second Hand Article was bought by providing the Chief Constable with a written request for such authorization. 7.2.11 Every Second Hand Dealer shall, at the request of a Police Officer, present for viewing by the Police Officer, Second Hand Articles in the Second Hand Dealer's possession. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 36 7.2.12 No Second Hand Dealer shall buy any Second Hand Article whose serial number or other identifiable marking has been wholly or partially tampered with or removed. 7.2.13 No Second Hand Dealer shall buy any Second Hand Article from any person if that person: (a) does not present Picture Identification; (b) sells goods for a person who is not in possession of Picture Identification and this is known::to'the Second Hand Dealer; (c) is or appears to be under the influence of liquor or drugs; or (d) is under the age of eighteen (18) years. 7.2.14 No Second Hand Dealer. shall buy or take in Pawn any Second Hand Article from any person between the hours of 6:00"pm and 6:00 am. 7.2.15 Every Second Hand Dealer shall display and maintain the Second Hand Dealer's name and address plainly and visibly in English lettering on the front of the Second Hand Dealer's Premises and on both sides of any Vehicle used in carrying on the Second Hand Dealer's Business. .,. 7.3 Social Escorts .... 7.3.16 Every owner and operator of a Business that offers or provides the services of one or more Social Escort shall: .. ' (a) within twenty-four (24):hours of hiring a person employed or to be employed in the Business as a Social Escort, provide the Licence Inspector with that person's name, age, address and description; and .(b) not offer the services or name of any Social Escort, or introduce customers or potential customers to any Social Escort, unless that Social Escort is nineteen (19) years of age or older. 7.3.17 Every person operating or applying for a Licence to operate an Escort Service shall, at the time of applying for a Licence for such operation: (a) provide a list showing the name, age, birth date, address and a copy of Picture Identification of every person proposed to be employed or engaged in the said Business, together with such additional information as the Licence Inspector or Chief of Police may require; and thereafter: Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 37 (i) notify the Licence Inspector within twenty-four (24) hours of any changes in the personnel employed or engaged in the said Business, and the provisions of paragraph (7.3.17 (a)) above shall apply to any new persons proposed to be engaged or employed by the said Social Escort Service, and (ii) maintain to the satisfaction of the Licence Inspector and Chief of Police a written record of every request to provide or furnish a Social Escort, giving the name and address of the personrequesting the service together with the name` of the Social Escort recommended and the function or functions to be attended. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 38 7.3.18 It shall be unlawful for any person carrying on a Business of operating an Escort Service to employ or engage any person in the said Business without first having obtained the approval of the Licence Inspector or Chief of Police to the employment or engagement of any such person. 7.3.19 Any Licence Inspector or any Police Constable whose duties include the administration and enforcement of this Bylaw is hereby authorized to enter the Premises of an Escort Service at any time to ascertain whether the regulations contained in this section are being, or have been, complied with and i.t shall be unlawful for any person to prevent or obstruct any such; official or Police Constable from the carrying out of any of this duties with respect to the administration and enforcement of this Bylaw. 7.4 Solicitor for Charity/Fundraising ......::.. 7.4.1 Except as authorized by Gogncil, no person shall, anywhere in the District: (a) solicit for donations of ntioey"or other material assistance; or ...... (b) sell or display.for the purposes of selling any article or thing; and (c) solicit for donatiars'of money or other material assistance, sell or display for the purposes of selling any article or thing between the hours of 6:00 pm and 9:00 am daily. 7.5 : Temporary Commercial Vendor 7.5.1 Every person carrying on the Business of a Temporary Commercial Vendor shall provide to the Licence Inspector, upon request, written permissia°n from the owner of the commercially zoned property on which the7emporary Commercial Vendor's temporary structure or Vehicle is_ located, which permission indicates that the owner, ope.rator.a°nd employees of the Temporary Commercial Vendor Business may access the washroom facilities located on that property. 7.6 Tobacco Sales 7.6.1 No person carrying on the Business of Tobacco sales shall: (a) sell Tobacco or Tobacco Products unless the Business is licensed by the Province to sell such products; Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 39 (b) permit Tobacco or Tobacco Products to be displayed in the Retail Business Premises so that the Tobacco or Tobacco Products are visible to the public if young persons are permitted access to those Premises; and (c) sell any Tobacco or Tobacco Products to anyone under the age of nineteen (19) years old. Part 8 Offence and Penalty 8.1 Every person who: (a) owns, operates or carries on: a Business for which a Licence is required pursuant to,this Bylaw without holding a current Licence for that Business: (b) fails to display a`c.Urrent Licence as require pursuant to this Bylaw; ..... (c) fails ta'provide any information'or documentation as required p.0 rsuarzt to this Bylaw; (d) carries on or,remairts'ppen for Business after receiving natice that a'Licence has,een suspended or cancelled or 'after_the Licence ha$:ex1) ed; (e) ;;; fails to�comply with the terms and conditions of a Licence issued to that person under this Bylaw; (f};; violates any of the. provisions of this Bylaw; (g) suffers or permits any act or thing to be done in contravention or violation of any of the provisions of the Bylaw; or (h) neglects to do or refrains from doing anything required to be d-06i by this Bylaw, shall be deemed to have committed an offence under this Bylaw and shall be liable to the penalties hereby imposed. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 40 8.2 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and is liable to the penalties imposed under this bylaw, and is guilty of a separate offence each day that a violation continues to exist. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 41 READ A FIRST TIME on [Date] READ A SECOND TIME on [Date] READ A THIRD TIME on [Date] ADOPTED by the Council on [Date]. Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 42 Schedule A - Licence Fees Licence fee each calendar year unless classification of Business otherwise stated 1, ADULT ENTERTAINMENT Category a. Body Rub Studio b. Social Escort Service c. Adult Entertainment Store (based on the floor area used for advertising display or sale purposes, up to and including 250 square metres) For each square metre above 250 square metres. 2. AGRICULTURAL (called Farm Category a. Animal Production 3. El 5 b. Crop Farming C. Floriculture d. Greenhouse e. Nursery f. Tree Production g. Tourism Retail in Bylaw) ANIMAL SERVICES Category a. Unclassified:Animal Service b. Dog Daycare' C. Dog/Animal Trainer d. Dog.Walker e. Grapme) ''_` f. :Morse Boarding,(6 or mare) g. --.,,-.Kennel Commercial - boa'rding ENGINEERING, SCIENCE & TECHNOLOGY Category a. Unclassi'16. Engineers 'g/Science b. Surveying &?'lapping> C. Testing Laboratory's ARTS, ENTERTAINMENT & ASSEMBLY CENTRE Category a. Unclassified Arts/Entertainment/Assembly Centre b. Assembly Hall C. Arcade/Pinball/Cyber Centre d. Bingo e. Casino f. Children's Play Centre g. Cinema Licence Fee $3,000.00 $3,000.00 $500.00 $0.44 per square metre Licence Fee $110.00 for a I I categories Licence Fee $110.00 for all categories Licence Fee $110.00 for all categories Licence Fee $110.00 $110.00 $205.00 $300.00 $3000.00 $110.00 $110.00 per screen Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 43 h. Dance studio $110.00 i. Gymnastics Centre $110.00 j. Outdoor Recreation $110.00 k. Theatre (Performing Arts) $110.00 per stage 6. ARTS & ENTERTAINMENT RETAIL Category Licence Fee a. Unclassified Arts & Entertainment Retail b. Art Dealer C. Craft/Art Supplies d. Dance Supplies e. Hobby f. Music (Instruments, Sheets) g. Recordings (CD/DVD) h. Video For all categories listed, the fee is based. on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres $110.00.. or less For each square metre above 250 square metres $0.44 per square metre 7. ARTS & ENTERTAINMENT SERVICES Category Licence Fee a. Unclassified- Arts & Entertainment Services $110.00 for all categories b. Entertainer/Performer/Producer c. Event/Party Planning d. Mobile Music ....... e. Recording StudioAt f. Spea€ter]Facilitator g. Talent Agency .... 8. AUTOMOTIVE Category `` ` ; Licence Fee a. All other Automotive Service $110.00 for categories a. to j. excluding f. and g. b. Auto Detailing/Upholstery c. Auto Paint & Body: ; d. Auto Rental e. Auto/Boats/RV/Motorcycle Repair & Service f. Auto Towing & Transport with storage facilities $320.00 g. Auto Towing & Transport without storage facilities $160.00 h. Oil - Fuel & Heating i. Tires Repair j. Car Wash Category Licence Fee Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 44 9. 10. k. Gas Station $110.00 I. Gas Station/Convenience $160.00 m. Gas Station/Car Wash $160.00 n. Gas Station/Convenience/Car Wash $200.00 o. Auto Wrecking $500.00 Category p. Unclassified Auto Retail q. Auto Dealer New & Used r. Auto Dealer New S. Auto Dealer Used t. Auto Parts & Supplies U. Boats & RV Dealer V. Motorcycle Dealer w. Tires Dealer For categories p. to w.. based on the floor area used Licence Fee for advertising display or sale purposes For Businesses with a floor area of 250 square $110.00 metres or less For each square metre 8bvve.250 square metres $0.44 per square metre BUSINESS & OFFICE RETAIL Category a. Computers/Business Machines .... : b. Office Furniture C. Office Furniture & Stationaryy d, Stationary For all categories .listed, the fee is Based on the floor area Licence Fee used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres $110.00 orless For each square metre above 250 square metres $0.44 per square metre BUSINESS SERVICES Category Licence Fee a. Office/Business Service $110.00 for all categories b. Advertising/Marketing/Public Relations C. Answering Service d. Consulting Service e. Employment Counselling/Agency f. Office Administration Service g. Office Equipment Repair h. Secretarial Service i. Temp Agency j. Writing Service Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 45 11. CALL CENTRE Category a. Call Centre Based on the floor area used for Business purposes Licence Fee (excluding storage space) For Businesses with a floor area of 250 square $110.00 metres or less For Businesses with a floor area of 251 square $0.44 per square metre metres or more For Businesses with a Business area of 250 $110.00 square metres or less For Businesses with a Business area between 251 $250.00 and 500 square metres For Businesses with a Business area between 501 $400.00 and 750 square metres For Businesses with a Business area of 751 $550.00 square metres or greater 12. CLOTHING & ACCESSORY RETAIL Category a. Unclassified Personal Retail'' b. Children's Clothing C. Luggage & Leather ,, d. Men's Clothing ;b\tu e. Fa m i ly/ U n isex. Cloth in g :'y:'m' f. Women's Clothing For all categories listed, the fee is based on the floor area Licence Fee used for advertising display or sale purposes.. For Businesses witha flocr'area of 250 square metres $110.00 or less For each square metre above 250 square metres $0.44 per square metre 13. CLOTHING :& LAUNDRY SERVICE Category Licence Fee a. Unclassified; Clothing Service $110.00 for categories a-e b. Unclassified La.undry'Servlce c. Boot/Shoe Repair: d. Dressmaker/Tailor/Alterations e. Dry Cleaning f. Laundromat $14.00 per machine, minimum $110.00 14. COMMUNITY CARE Category Licence Fee a. Child Care Licensed under the Community Care Act $110.00 for all categories b. Assisted Living Act (Max 8) Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 46 15. K-4 17. C. Family Daycare Neighbourhood Daycare d. Home Support e. Preschool COMMUNITY GROUPS Category Licence Fee a. Unclassified Community Group $0.00 for all categories b. Church Organizations c. Civic/Social Organizations d. Family & Social Services e. Foundations/Charities f. Public Service (Federal, Provincial, Municipal):.''' COMPUTER & TECHNOLOGY SERVICES Category Licence Fee a. Unclassified Computer Services $11.00 for all categories b. Computer & Electronic Repair c. Computer Consultant d. Data Processing e. Desk Top Publishing f. Software Development g. Telecommunications h. Web Design CONTRACTORS Category Licence Fee a. Unclassified Contractors = . $110.00 for all categories b. Awnings/,Decks/Solariums/Railings, c. Building Pe*pI Contractor) d. ` :' Concrete - Pour,/l=i.nish/Farm/Reinforc` e. Drnp Proofing f. Dern�iliiion g. Drywall`;`:. h. Crane Service i. Fencing j. Finish Carpentry k. Flooring - Carpet, Resilient I. Framing/Forms m. Home Inspector n. Insulation o. Irrigation p. Masonry q. Painter/Wallpaper r. Pool/Hot Tub S. Renovations/Restorations/Home Improvement t. Roofing Business Licencing and Regulation Bylaw Bylaw No, 6815-2011 47 u, Siding/Gutters v. Sign w. Site Preparation x. Sheet Metal Y. Stucco Z. Tile as Underground Services bb Welding cc. Electrical dd Gas ee Plumbing ff Plumbing & Gas gg Mechanical hh Sprinkler 18. DESIGN SERVICES Category a. Unclassified Design Services b. Graphic C. Interior d. Landscape 19. DIRECT SALES Category a. Direct Sales/Peddler/Canvasser b. e-Commerce c. Mail Order Agency 20. EDUCATION & INSTRUCTION: Category a. Unclassified Education & Instruction b. Business School c. Community College d. Driving School e. Fine Arts/Dance/Music f. Private School.- Academic g. Public School ` h. Support Service (Tutor) i. General Interest/Hobby j. Trades/Tech School 21. ENVIRONMENTAL & ECOLOGICAL Category a. Environmental Consultant b. Environmental/Ecological Products & Services c. Conservation/Ecological Organization d. Site remediation/Clean-Up Licence Fee $110.00 for all categories Licence Fee $110.00 $110.00 $300.00 Licence Fee $110.00 for all categories Licence Fee $110.00 for all categories Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 48 e. Planning Consultant 22. FINANCIAL AND INSTITUTIONAL SERVICES Category Licence Fee a. Accountant $110.00 per Accountant b. ATM/Kiosk For Businesses who have a separate Business Licence $40.00 per machine on the same premises under this Bylaw For Businesses without a separate Business Licence $110.00 per machine on the same premises under this Bylaw Category Licence Fee C. Bank/Credit Union $700.00 d. Finance Company $110.00 e. Bookkeeping $110.00 f. Currency Exchange/Cheque Cashing Centre ." $700.00 g. Financial Planner Consultant $`110.00 h. Insurance Agent/Broker $110.00 i. Insurance/Claims Adjuster $11.00 j. Loans & Mortgages $110.00': . k. Stock/Bond Broker $110.00 ` I. Tax Preparation $110.00 23. FOOD & BEVERAGE RETAIL Category leeLicence Fee 24. FOOD & BEVERAGE SERVICES Category a. Caterer b. Food/Beverage Delivery Service Licence Fee $110.00 $0.44 per square metre Licence Fee $110.00 $110.00 Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 .. c. Liquor Primary Licence Establishment For the first 200 occupants $1200.00 For each additional occupant $2.00 d. Mobile Food Vendor $110.00 e. Mobile Ice Cream Vendor $110.00 f. Restaurant/Cafe For the first 35 chairs $110.00 For each additional chair $1.20 g. Liquor Primary Licence Establishment with Restaurant/ Food Primary Licence Establishment Attached For the first 200 occupants $1200.00 For each additional occupant $2.00 25. HEALTH RETAIL Category a. Unclassified Health Retail b. Optical c. Pharmacy d. Vitamin & Supplement e. Health Food/Product For all categories listed, the fee is based on tine„ floor area used for advertising display or sale purposes. For Businesses with a flour area of 250'square metres or less For each square metre above 250 square metres 26. HEALTH SERVICES Category a. "Unclassified Health Services b. Acupressure c. Counselling d. Dental Laboratory - e. Hearing Centre f. Herbalist h. Medical/Diagnostic. Laboratory i. Naturopath j. Speech Therapist 27. HOMECRAFT Category a. Artist b. Ceramic & Pottery c. Floral Licence Fee $110.00 $0.44 per square meter Licence Fee $110.00 $110.00 $110.00 $110.00 $110.00 $110.00 $110.00 $110.00 $110.00 $110.00 minimum fee Licence Fee $110.00 for all categories Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 50 d. Gift Baskets e. Handcraft f. Unclassified Homecraft 28. HOME & PROPERTY RETAIL Category a. Unclassified Home & Property Retail b. Department Store c. Draperies/Blinds/Upholstery d. Appliances, TV, Electronics e. Flooring f. Framing/Pictures g. Furniture h. Garden Supply/Centre i. Glass - Auto/Commercial/Home j. Home Decor & Household Accessories k. Home Improvement Centre I. Pool & Spa Supplies .- m. Lighting n. Lumberyard o. Paint & Wallpaper For all categories listed, the fee is based''vn the floor area used for advertising display or sale purposes: For Businesses with :a floor area of 250 sq ;6're::metres or less .............. For each square rnetre above 250'sguare metres 29. HOME & INDUSTRY SERVICES Category a..:' Unclassified Home/Industry Service b.4ppliance Repair c. lris'pection Service d. Carpet/Upholstery/61nd Cleaning e. Drain Cleaning f. Drapery/Blind Cleaning,` g. Electronic Repair h. Furnace/Duct/Chimney Cleaning i. Furniture/Upholstery Repair j. Gardener/Lawn Maintenance k. Garbage/Rubbish/Sanitation Service I. Handyman m. Industrial Equip Repair/Maintenance n. Janitor/Housekeeping o. Pest Control p. Pool Maintenance q. Power Washing/Building Cleaning r. Tool/Machine Repair Licence Fee $110.00 $0.44 per square metre Licence Fee $110.00 for all categories Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 51 s. Tree Services 30. LEGAL SERVICES Category a. Unclassified Legal Service b. Consultant C. Notary Public Licence Fee $110.00 $110.00 $110.00 per Notary Public 31. MANUFACTURING Category a. Unclassified Manufacturing b. Animal Food Manufacturing C. Blinds - Windows d. Boat/Ship Building & Repair e. Chemical (soap, paint) f. Clothing/Textile g. Computer/Electronic h. Concrete i. Electrical (including Lighting) j. Food & Beverage k. Foundry/Forging I. Glass m. Furniture n. Health & Beauty-,. :: o. Log Homes p. Machinery/Equipment q. Metal r. Printing S. RemaRufac_turing t. Rubber u. SawmiIVShake`' 5hingle' v. S%gn w. Vehicle Parts X. Wood Products For all categories listed, the fee is based based on the area Licence Fee used for manufacturing purposes. For Businesses with a manufacturing area of 750 $110.00 square metres or less For Businesses with a manufacturing area between $250.00 751 and 2,750 square metres For Businesses with a manufacturing area between $400.00 2,751 and 5,000 square metres For Businesses with a manufacturing area of 5,001 $550.00 Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 52 square rnetres or greater 32. PERSONAL SERVICES Category a. Beauty Salon/Barber b. Body Painting C. Body Piercing d. Esthetics/Manicure e. Funeral/Crematory//Undertaker f. Life Skill Coach g. Midwife h. Nail Salon i. Psychic Services j. Reflexology k. Reiki I. Shiatsu m. Tanning Salon n. Tattoo Parlour o. Weight Loss Service 33. 34. PHOTOGRAPHY & FILM Category a. Aerial Photographer b. Commercial Photogi c. Film Production,—— d. Photo Supplies/Fini: e. Portrait Photagraphi f. Videography rit a. b. C. citor Ch i ropractor` _.. Dentist Denturist Engineer Land Surveyor Landscape Architect Optometrist Physical/Occupational Therapist Physician Psychiatrist Psychologist Registered Massage Therapist Licence Fee $110.00 for all categories $110.00 per Undertaker $110.00 per Midwife Licence Fee $110.00 for all categories Licence Fee $110.00 per Acupuncturist $110.00 per Architect $110.00 per Barrister/Solicitor $110.00 per Chiropractor $110.00 per Dentist $110.00 per Denturist $110.00 per Engineer $110.00 per Surveyor $110.00 per Architect $110.00 per Optometrist $110.00 per Therapist $110.00 per Physician $110.00 per Psychiatrist $110.00 per Psychologist $110.00 per RMT Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 53 p. Veterinarian $110.00 per Veterinarian 35. PUBLISHER Category Licence Fee a. Books $110.00 for all categories b. Music C. Newspaper d. Periodical/Newsletter 36. REAL ESTATE Category Licence Fee a. Land Development $500.00 b. Real Estate Agency $500.00 C. Real Estate Appraiser $110.00 d. Property Management $110.00 37. RECYCLING & SALVAGE Category Licence Fee a. Recycling $110.00... b. Salvage . .. $500.00 c. Scrap Metal Dealer $1,200.00 38. RENTAL UNITS Category Licence Fee a. Dwelling Unit' i:ten ing`more than 1 Dwelling Unit,. $110.00 minimum fee notwithstanding that the'bnits are lflcated on separate Premises) - $40.00 per u'riit Certified Crime Free,Multi Housing 75/o Reduction b.-;"Commercial/lndustriai $1-0.00 per unit $110.00 minimum fee Category `"'; _ Licence Fee c. Bed and Breakfast d. Hotel e. Motel f. Room rental /Care home Far categories c. to f. ❑n the number of roams $10.00 per room $110.00 minimum fee Category Licence Fee f. RV Park g. Trailer Court For categories f. and g., based on the number of RV and $10.00 per space trailer spaces. $110.00 minimum fee 39. RENTAL SERVICE Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 54 Category a. Rental Service, Stores, Yards b. Post Box Rental Agency 40. RESOURCE INDUSTRY Category a. Unclassified Resource Industry b. Fishing C. Forestry/Logging d. Mining e. Sand/Gravel 41. RETAIL Category a. Unclassified Miscellaneous Retail b. Fabric c. Florist d. Gift e. Lottery f. Jewellery g. News/Magazines/Books h. Pet Food/So ppIies/Feed ❑ealer i. Toys & Novelty j. Shoes For all categories listed, t ie fee is based on the floor area used for advertising display or sale purposes: Far Businesses with a floor area of 250 square metres or less For each square metre.aboVe 250 square metres ;s 42. RQ PAVING & PARKING Cate q g rY.. a. Commercial Parking Lot b. Unclassified Road Services c. Line Marling d. Road Constriction e. Traffic Control f. Parking Management Service g. Paving h. Road Maintenance 43. SECOND HAND DEALER Category a. Antiques/Collectables b. Auctioneer C. Books/Toys d. Electronics/Recordings/Games Licence Fee $110.00 $210.00 Licence Fee $110.00 for all categories Licence Fee $110.00 $0.44 per square metre Licence Fee $110.00 for all categories Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 55 e. Consignment Clothing f. Furniture/Appliances g. Sporting Goods h. Thrift Store i. Consignment Store For all categories not dealing in Second Hand Articles, Licence Fee based on the floor area used for advertising display or sale purposes For Businesses with a floor area of 250 square rnetres„or $110.00 less For each square metre above 250 square metres $0.44 per square metre For all categories dealing in Second Hand Articles, based are: $300.00 the floor area used for advertising display_ or sale purposes, up to and including 250 square metres For each square metre above 250 square`meters $0.44 per square metre Category Licence Fee j. Pawn $2500.00 , �i011.11 CA rAW d. Fitness Centre/Gym .Licence Fee $110.00 for all categories Licence Fee $110.00 $205.00 $205.00 $110.00 per facility plus: $30.00 per gym; $30.00 per exercise room; $30.00 per court; $50.00 per lap pool; $30.00 per weight room; and $15.00 per sauna or Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 56 Jacuzzi e. Golf Course $110.00 f. Ice Arena/Curling $110.00 g. Riding Academies/Stables $110.00 h. Rock Climbing $110.00 i. Swimming Pool $110.00 For all categories, any Operator who holds a Liquor $1200.00 Primary Licence - For the first 200 occupants For each additional occupant $2.00 46. SPORTS & RECREATION RETAIL Category a. Unclassified Sports/Recreation Retail b. Bicycle & Accessories C. Equestrian d. Sport/Outdoor For all categories listed, the fee is based on the floor area Licence Fee used for advertising display or sale purposes. For Businesses with a floor area of 250 square:metres $110.00 or less For each square metre above 250 square metres $0.44 per square metre 47. SPORTS & RECREATION SERVICES Category Licence Fee a. Adventure/Sport Guide $110.00 for all categories b. Athletic Instructor.:: . C. Unclassified Sports & Recreation Service 48. TEMPORARY VENDOR Category Licence Fee a. Unclassified Temporary Commercial Vendor $500.00 b. Carnival/Amusement.$110.00 per day C. Kiosk $110.00 d. Flowers $500.00 e. Produce $500.00 f. Special Event/show/Trade Show/Exhibition $500.00 per day g. Tree $500.00 h. Non -Profit Sponsored Special Event $0.00 49. TRANSPORT GOODS & SERVICES Category a. Bus Service b. Courier/Delivery C. Freight Transport d. Mover Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 57 e. Taxi/Limousine f. Trucking g. Unclassified Transportation For all categories, the fee is based on the number of vehicles used in the carrying on of Business Per each vehicle used 50. TRAVEL Category a. Travel Agency b. Travel Services C. Tour Operator d. Unclassified Travel 51. VENDING MACHINE Category a. Arcade/Pinball b. Newspaper c. Snack/Beverage d. Tobacco e. Toys/Amusement/Novelties 52. WAREHOUSING & STORAGE Category a. General Wareh using„ b. Public Storage C. Moving & Storage Fvr ac_h square metre' -of floor area 53. WHOLESALE. & ❑ISTRIBUT- !QN Category a. Unclassif Qd Wholesaf' b. Agent/Broker: c. Building Materials/5upplies d. Clothing & Textiie::: e. Computer/Elect & Tech f. Electrical/Plumbing/Heating g. Food & Beverage h. Home Furnishings & Accessories i. Health & Beauty j. Import/Export k. Machinery & Equipment I. Motor Vehicle Parts m. Nursery Stock & Supplies Licence Fee $30.00. $110.00 minimum fee. Licence Fee $110.00 for all categories Licence Fee $110.00 for all categories Licence Fee $0.23 per square meter. $110.00 minimum fee Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 91:1 n. Paper Products o. Personal Goods p. Stationery/Office q. Wood/Lumber For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less For each square metre above 250 square metres 54. Any unclassified Businesses Any Business not otherwise provided for in this schedtde will be categorized as "unclassified" Licence Fee $110.00 $0.44 per square metre $110.00 Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 59 Schedule B - Specifications for Signs Signs warning of Prenatal Alcohol Exposure shall meet the following minimum requirements and the specific design as set out in this schedule. (a) Minimum dimension of Poster: 0.279 m x 0.432 m (b) Lettering on poster shall be in bold print, white on a red background and shall be in the minimum of font size set out in this schedule. (c) The wording shall be as follows: Any chance you might be Garamond - Size 40 Pregnant? HURRY UP - Size 60 zero . Impact -Size 173 Alcohol IMPaCI - 94.3 No § 'Time. No Save Amount,: Garamond -Size 30 For more information, contact HeaithLink'BO' 8-11, Health Unit: 604-476-7000 Orspeak tb a medical professional (Above 3 lines required in'Garamond Font -Size 40) District of Maple Ridge By-law No.: 6815-2011 (Required in Garamond Font - Size 14) Fu. maciN rmavou mnmi FlrN�nLiw�'ACe W. K jd, F= 696��5.'d1k Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 60 1. Specifications for Warnings on Menus: Notices on menus warning of Prenatal Alcohol Exposure shall meet the following minimum requirements: (a) A minimum dimension of Menu Notice: minimum of 2.54 cm in height and 6.668 cm in width menu notice (b) Lettering on poster shall be in bold print, white on a red background and shall be a minimum of font size as below (c) The wording shall be as follows: Required Wordin Any chance you might be Garamond - Size 10 Pregnant? 7-JuRRY UP 'Size 13 Zero IMPOCI - Size 30.5 Alcohol i Impact- Size 16.3 No Safe Time. No Safe Amount Garamond - Size 8.5 District of Maple Ridge By-law No.: 6815-2011 (Font Size- Garamond - Size 5) Business Licencing and Regulation Bylaw Bylaw No. 6815-2011 61 Schedule C - Second Hand Dealer's Report Report to RCMP of Articles Received Name of Business: Ad d ress: Date: Business Phone #: Business Fax #: Y M D PARTICULARS OF SELLER OR PERSON PAWNING (Picture ID, Vehicle Information, Property/Make) Name Address: Ifill :3ImgkyA11)] Buy Pawn (Slip #) Type/Number Vehicle Description Licence Plate # Description of Articles Purchased/Pawned Time of Purchase: Price Paid: Model Number: Serial Number or Markings: Business Owner's Signature: Note: Reports must be delivered to RCMP or faxed to 604-467-7633 by 9:30 am on each Monday. DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: March 19, 2012 and Members of Council FILE NO: 2012-029-CP FROM: Chief Administrative Officer ATTN: Council Workshop SUBJECT: Density Review Process for North Albion Area EXECUTIVE SUMMARY: At the Council Workshop on July 25, 2011 Council received a report entitled "North Albion Sanitary Serving". At the workshop Council passed the following resolution: "That staff be directed to report back on a process and the implications of a review of the density potential for Area 1 and Area 2 as shown on Appendix 1 attached to this report which is supportive of the infrastructure requirements and existing overall density provisions of the Albion Area Plan". It was understood at the time that this work would form part of the 2012 Work Plan and formed part of the Matrix approved by Council in January 2012. This report addresses the possible process and implications of increased density in Area 1 and Area 2 of the Albion Area (refer to Appendix A). The Engineering Department is proceeding with a separate report outlining possible alternative approaches and implications for the provision of servicing. The southern portion of the Albion Plan Area is nearing build -out. This has resulted in a growing interest by the development community for available lands north of 108th Avenue which are generally characterized by being under developed, under -serviced and environmentally sensitive and challenged. Council has granted Third Reading to an OCP amendment application by CIPE Homes to add the R-1 Residential District to the Residential Low -Medium Density designation of the Albion Plan Zoning Matrix. There exist 5 other application awaiting similar OCP amendments to increase their potential densities. One of those applications was deferred recently by Council pending this discussion on density review. The other four are pending First Reading. This report examines three (3) density scenarios and the possible implications of each and concludes with a recommendation in support of Option 3 - Albion Zoning Matrix Amendment. It also recommends a process of an OCP amendment complete with referrals to the School Board and a public information meeting to augment the normal public hearing process. 4.3 RECOMMENDATIONS: That Option #3 Albion Matrix Amendment Process, as outlined in the report titled "Density Review Process for North Albion Area" dated March 19th, 2012 be endorsed; That the process for the processing of in stream rezoning applications in the study area, as outlined in the report titled "Density Review Process for North Albion Area" dated March 19th, 2012 be endorsed; and In respect of Section 879 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: i. The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii. The Board of any Regional District that is adjacent to the area covered by the plan; iii. The Council of any municipality that is adjacent to the area covered by the plan; iv. First Nations; v. School District Boards, greater boards and improvements district boards; and vi. The Provincial and Federal Governments and their agencies and in that regard it is recommended that the only additional consultation to be required in respect of this matter beyond the early posting of the proposed Maple Ridge Official Community Plan Amending Bylaw No. 6910-2012 on the District's website, together with an invitation to the public to comment, is the following: i. Referral to the School Board; and ii. An open house. DISCUSSION: Background Context: At the Council Workshop on July 25, 2011, Council made the following recommendation concerning the report "North Albion Sanitary Servicing": That staff be directed to report back on a process and the implications of a review of the density potential for Area 1 and Area 2 as shown on Appendix 1 attached to this report which is supportive of the infrastructure requirements and existing overall density provisions of the Albion Area Plan. W-M That staff be directed to report back on a process and the implications of an alternative approach to provide infrastructure services for Areas 1 and 2 as shown on Appendix 1 attached to this report. This report addresses the first resolution. The Engineering Department has drafted a report to address the second resolution. Their report will be completed pending Council's direction on this report. Part 1- Potential Densily and Review Process Albion Plan Background: The Albion Area east of 240th Street is a recognized growth area in Maple Ridge within the urban boundary. Originally completed in the mid 1990's, it was based on a July 1994 study prepared for the District by Arlington Consulting and Quadra Consultants and then was adopted in the 1996 OCP. As part of the 2006 OCP review, the plan was re-examined, overall densities were increased and incorporated into the new OCP as the Albion Area Plan. The area to the south of 108 Avenue is generally being built -out in accordance with the Area Plan and the service infrastructure is nearing its capacity. Thus, more interest is being focused on development of lands north of 108 Avenue. The level of density based on current market demand for housing and cost of servicing is resulting in proposals being submitted involving density levels greater than being provided for by the current Albion Area Plan density designations. A case in point is the active application by CIPE, with Medium Density Residential Densities being processed on a "spot designation" basis, for a site largely designated Residential Low -Medium Density. This application essentially brought to the forefront a desire to examine the overall density in North Albion. In order to understand the implications of such additional densities on the future provision of service infrastructure, the density potential of Areas 1 and 2 are analyzed in this report. Study Area For the purposes of this report, the study area referred to as the North Albion Area consist of the northern portion of the Albion Area Plan as shown in Appendix A. The majority of the lands are north of Kanaka Creek Regional Park and a plateau to the east separated by the same creek. The pocket to the north of Kanaka Creek is referenced as "Area 1" (105.22 ha or 260 acres) and the pocket to the east as "Area 2" (73.8 ha or 182 acres). For the purposes of this report, the lands in Area 1 closest to 240 Street that are already developed as single family lots or subject to multiple family designation, and recently subdivided area near 249 Street in Area 2 are not part of this analysis. The current designation in the Albion Area Plan for the study area includes the following (refer to Appendix B): • Low -Medium Density Residential - In a central area north of 112 Avenue in Area 1 and the entire area east of 248 Street in Area 2. -3- • Low Density Residential - Wrapping around the Medium Density Residential designation to the east and west and to the south of 112 Avenue in Area 1, and most of the area west of 248 Street in Area 2. • Conservation - Enveloping Kanaka Creek and a series of creek/ravine system crisscrossing the study area. • Institutional - 2 school/park sites, one in each pocket. Current Applications and Density Adjustments The development of Area 1 requires considerable servicing improvements and is questionable if this can be done on an application -by -application basis because developable lands are in pockets separated by environmentally sensitive lands, the fragmented ownership pattern, and the existing lot pattern. A separate report that examines options to provide this servicing is being prepared pending direction from Council on the density issues. Council has received 6 applications, one of which proceeded through to Third Reading (RZ-091-10 at 24371 112 Avenue - CIPE Homes Ltd.), in Area 1. The current plan designation did not match the proposed density so Council is considering a "spot -change" to the Zoning Matrix, to allow the requested R-1 zone under the current designation, but only for this property. Council indicated that further action on these remaining applications would await a decision on the outcome of this report. The development of Area 2 is also constrained by servicing infrastructure. At present, there is one application in this area at a preliminary stage. With the service infrastructure of the lands to the south of Area 2 at or near capacity, the density potentials of both Area 1 and Area 2 are linked because services to Area 2 will need to be extended through Area 1. Thus the density potential may change, and the process of determining how to adjust the plan for such changes would apply to both Areas 1 and 2. Density Scenarios Method of Density Calculation: The density calculations in this section are based on the minimum lot sizes permitted in each zone, with road dedication factored in. Density transfers are provided in the OCP only for lands in the Albion Plan Area. The transfer is equal to 2.5 units per net hectare of undevelopable land (i.e. conservation). This transfer is not automatic. It is subject to compliance with the housing compatibility policies (e.g. adding the density in a location away from the natural or environmentally sensitive area) and the transfer is only for the density of areas retained natural on the same lot as is being developed. It will only be considered if the amount of land required to be retained in a natural state, as determined by the District, exceeds 5% of the lot area. The potential transferable density is calculated and shown in the tables in the following section. North Albion Area 1: Three scenarios were developed to estimate the potential density increases for Area 1 of the North Albion Area. The base density is assumed to be the development that can take place based on -4- current zoning of RS-3 One Family Rural Residential (0.80 ha or 2 acre minimum lots size). This is determined to be 64 units transferable from the conservation areas plus 75 units of outright permitted density for a total of 139 units. Table 1 below summarizes the potential unit density for Area 1. Areas already subdivided and unlikely to redevelop are not included in the numerical tabulation. Three scenarios have been developed for comparison purposes. These scenarios are as follows: • Scenario A: This scenario assumes development takes place in accordance with the current OCP designations in the Area Plan and the zones currently permitted in the Zoning Matrix. This zoning would be as follows: o mainly RS-1b (557 sq. m. or 6,000 sq. ft.) north of 112 Avenue; and o mainly RS-1d (2,000 sq. m. or 21,600 sq. ft.) to the south of 112 Avenue. • Scenario B: This scenario is similar to Scenario A, except the current land designated for Conservation is adjusted for steep slopes and watercourse setbacks (e.g. some Residential designated lands become Conservation). For simplicity, this scenario assumes development in accordance with the following zoning: o RS-1(b) (557 sq. m. or 6,000 sq. ft.) to the north of 112 Avenue; and o RS-1d (2,000 sq. m. or 21,600 sq. ft.) south of 112 Avenue. • Scenario C: This scenario assumes development will take place with zoning "one step up" in the Matrix, with the current land designated for Conservation being adjusted for steep slopes and watercourse setbacks as in Scenario C. This scenario assumes development in accordance with the following zoning: o mainly R-1(371 sq. m. or 4,000 sq. ft.) with some RS-1 and RS-113 north of 112 Avenue; and o mainly RS-1(668 sq. m. or 4,000 sq. ft. minimum lot size) with some R-1(371 sq. m. or 4,000 sq. ft.) south of 112 Avenue. The Scenarios are compared in table below: TABLE 1: Density Potential (in Unit) for Each Scenario in Area 1 Scenario A Scenario B Scenario C Rezoning Under Rezoning Under Current Plan Rezoning Under Amended Plan Current Plan and Adjusting for Conservation and Adjusting for Conservation Designation Ground Truthing Ground Truthing Conservation Area 64 96 96 (Transferable density) Developable Area 388 305 528 (Outright Density) TOTAL 452 401 624 W2 The anticipated total lot increase in Area 1(e.g. the difference between Scenarios A and C) is 172 lots. The majority of this increase (about 108 of the 172 lots) is generated in the Low Density Residential Designation located in the area south of 112 Avenue. North Albion Area 2: Three scenarios were developed to estimate the potential density increases for Area 2 of the North Albion Area. The base density is assumed to be the development that can take place based on current zoning of RS-3 (0.80 ha or 2 acre minimum lots size). This is determined to be 23 units transferable from the conservation areas plus 67 units of outright permitted density for a total of 90 u n its. Table 2 below summarizes the potential unit density for Area 2 of the North Albion Area. Areas already subdivided and unlikely to redevelop as well as the school site are not included in the numerical tabulation. Three scenarios have been developed for comparison purposes. These scenarios are as follows: • Scenario A: This scenario assumes development takes place in accordance with the current OCP designations in the Area Plan and the zones permitted in the Zoning Matrix. This zoning would be as follows: o RS-1d (2,000 sq. m. or 21,600 sq. ft.) west of 248 Street and some RS-1b (557 sq. m. or 6,000 sq. ft.) in the northwest part; and o RS-1b (557 sq. m. or 6,000 sq. ft.) east of 248 Street. • Scenario B: This scenario assumes development will take place with zoning "one step up" in the Matrix, and the current land designated for Conservation is adjusted for steep slopes and watercourse setbacks (e.g. some Residential designated lands become Conservation). This zoning would be as follows: o RS-1(668 sq. m. or 4,000 sq. ft. minimum lot size) west of 248 Street; and o R-1(371 sq. m. or 4,000 sq. ft.) east of 248 Street. • Scenario C: This scenario is similar to Scenario B, except that the zoning on the west side of 24811 Street becomes RS-1(b) (557 sq. m. or 6,000 sq. ft.). The current land designated for Conservation is adjusted for steep slopes and watercourse setbacks as in Scenario B. IO The Scenarios are compared in table below: i TABLE 2: Density Potential (in Unit) for Each Scenario in Area 2 Scenario A Scenario B Scenario C Rezoning Under Rezoning Under Current Rezoning Under Amended Current Plan Plan and Adjusting for Plan and Adjusting for Designation Conservation Ground Conservation Ground Truthing Truthing Conservation Area 23 53 53 (Transferable density) Developable Area 52 587 613 (Outright Density) TOTAL 544 640 666 The anticipated total lot increase in Area 2 is 122 lots. Combined North Albion Areas 1 and 2: Table 3 below summarizes the scenarios for Areas 1 and 2 combined. For the three scenarios, the total lot potentials are as follows: TABLE 3: Total Density Potential (in Unit) for the Combined Areas Scenario A Scenario B Scenario C Rezoning Under Rezoning Under Current Rezoning Under Amended Current Plan Plan and Adjusting for Plan and Adjusting for Designation Conservation Ground Conservation Ground Truthing Truthing TOTAL 996 1 1,041 1,290 The total increase in units between the anticipated lot yield under the current OCP designation (Scenario A) and the proposed OCP designation (Scenario C) is 294 lots. This represents an increase of about 30% of the total lots being created. Por)ulation estimate From the anticipated density / lot estimates, a very generalized estimate of population changes can be made. There are about 100 new dwelling on lots in existing subdivisions. Making the assumption that a majority of the existing suburban -type houses will be removed as part of development, and that the average number of people living in a house is the 2006 census figure of 2.7 (2011 Census figures are not available yet), than the following table shows the estimated local area population potential: -7- TABLE 4: Total Population Potential (in Unit) for the combined Areas Scenario B Scenario C Rezoning Under Current Rezoning Under Amended Plan and Adjusting for Plan and Adjusting for Conservation Ground Conservation Ground Truthing Truthing TOTAL 3,081 3,753 Density Implications on Servicing: Previously created water and sewer master servicing plans for the Albion Area incorporated the level of service established by the 1996 OCP. The potential implications of the increased density can be broken down into two separate issues. The first is the changes in the design of the new infrastructure and the second is the impact on the existing systems. The design of new systems require adequate capacity be provided to service the future needs. The potential increase in density (30%) represents a relatively small increase to the cost of a water or sewer system. Water services are already designed to accommodate the higher flows associated with fire protection needs dictated by land uses, therefore a change in density associated with smaller single family lots will likely not result in any significant design changes. However, sanitary sewers are -designed to handle actual daily flows and are sensitive to the grade of the pipe. Based upon the minimum allowable pipe slope of 0.5% a 30% increase in capacity to the sanitary sewer system results in an increase of one pipe diameter. With new infrastructure the upsizing represents about a 10% increase in the construction cost. Sanitary sewer effluent from Area 1 and Area 2 will flow into the existing sanitary pipe on 240th Street and then into the Cottonwood Interceptor. The full impact on the existing sanitary system is unknown and would require detailed analysis of both the water and sewer systems. Again, the potential impact due to the smaller lot sizes on the water system will likely not result in many additional capital upgrades beyond what is already anticipated. A preliminary analysis suggests that the increased proposed density has the potential to impact the existing gravity collector sewer on 2401h Street. While having to replace or upgrade this section of pipe is not ideal, it can be achieved at a relatively manageable cost. The proposed density change is not anticipated to impact the Cottonwood Interceptor beyond improvements already identified. However, should the density increase beyond what is proposed in this report (i.e. greater than 30%), sections of the interceptor may have to be upgraded. This is significant and would have potentially significant cost implications. Process Alternatives: A review and plan updating process would be necessary to allow increased densities in the North Albion Area to take place. Council has the choice of the following three alternatives: 1. Application Driven Review Process When applications are received by the District, staff reports would include an analysis about the proposed use and density, compare the proposal to the land use, residential development and density policies in the Albion Area Plan, consider the impact on adjacent areas and on infrastructure requirements such as sewer, roads, sidewalks and amenities, and outline the steps to amend the OCP, Albion Area Plan and the Zoning Bylaw to accommodate the proposal. The advantages/ disadvantages of this approach include: Advantages: • Responding to market demands identified by a developer for the intended product at the time of application. • Identifying the rezoning conditions specific to the proposal. • Each referral Department or Agency can review the proposal against applicable standards or requirements. • The process is known to local developers. Disadvantages: • Considering applications in isolation of each may result in inconsistent decisions. • Uncertainty among public about what densities are possible. • Uncertainty of how to advise the public. • Resulting in more administrative work to process applications and legal documents. • Multiple OCP applications required to permit new zone(s) in area plan Given the above assessment, the Application Driven Review Process is not the preferred option. 2. Albion Area Plan Desi nation Mao Amendment Process This process would involve amending the Albion Area Plan land use designation map. Some of the associated policies or guidelines in the area plan would be amended as a consequence. Steps in this process would include: • Analyzing the environment, potential land use patterns and developing alternatives. • Undertaking a public consultation process to assist in developing the preferred alternative. • Reporting to COW on the outcome and confirming the preferred alternative. • Proceeding to Council with an OCP (Area Plan Section) amendment bylaw, involving notification as prescribed in the Local Government Act and a Public Hearing. M The advantages / disadvantages of this approach include: Advantages: ■ Bylaw amendment process would allow for full public input and consultation with all stakeholders and agencies. • All areas and their appropriate designations can be considered and assessed. • A clearer picture of the area's ultimate development pattern and densities can be established. • Appropriate changes may also be included in the policy section to further improve clarity. • Conservation boundaries will increase in size to reflect greater accuracy of map. Disadvantages: • Involving potentially a long process. • Causing delay for applicants. • New Land Use Designation Map would remain inaccurate & further OCP Amendments to reflect ground truthing would be required. • Conservation boundaries will appear to increase in size due to better understanding of designation boundaries. • Urban designated areas will appear to decrease in size. • Some parcels currently shown to have some development potential may not after adjustment. Given the above assessment, the Area Plan Designation Map Amendment is not the preferred option. 3. Albion Zoning Matrix Amendment Process The Matrix: The Albion Area Plan includes a Zoning Matrix that states which zones are permitted under which Area Plan designations. Excluding the properties fronting on 240 Street, Area 1 and Area 2 are subject to two designations. These designations and their associated zones are: Residential Low Density: I RS-1d One Family Urban (half acre) Residential Zone Residential Low -Medium Density: SRS Special Urban Residential RS-1b One Family Urban (Medium Density) Residential RT-1 Two Family Urban Residential In Scenario C, the R-1 Residential District is being proposed in the Residential Low -Medium Density designation. Currently this zone is only allowed in the Medium Density Residential designation. The insertion of the R-1 zone would provide for the subdivision of 375 sq. m. lots. The inclusion of the R-1 zone into the Residential Low -Medium Density designation will require an amendment to the Zoning Matrix and accompanying policies within the area plan. Details regarding this will be discussed in a future Council report. Inez In Scenario C, the Residential Low Density designation would also be amended to permit the use of the RS-1 One Family Urban Residential Zone. An amendment to the Zoning Matrix and accompanying OCP policies would also be required. Proposed Process: This process would involve amending the zoning matrix in the Albion Area. Some of the associated policies or guidelines in the area plan, such as the density transfer provision, would be amended as a consequence. Steps in this process would include: • Preparing a modified matrix. • Holding an information meeting for the public to explain the change and collect feedback. • Reporting to COW on this process. • Proceeding to Council with an OCP (Area Plan Section) amendment bylaw, involving notification as prescribed in the Local Government Act and a Public Hearing. The advantages / disadvantages of this approach include: Advantages: • Allows for public input and consultation • No change or perception of density loss experienced by land owners in the study area • Existing OCP plan designations will remain as they are now. • Additional lot size options in current designations increase housing opportunities and affordability. Disadvantages: • The current land use designation map will not reflect actual development boundaries because ground truthing is still required. • Existing OCP designation boundaries will remain as they are now. • Existing conservation land would be under estimated. • Policy changes are required to achieve the objectives of this process. Given the above analysis, the Albion Zoning Matrix Amendment Process is the preferred option, accompanied by. • Amendments to the policy section respecting the conditions under which the R-1 Residential District zone will be allowed under the Residential Low -Medium Density designation; • Amendments to the Area Plan that the density transfer provisions for the dedication of Conservation lands will no longer apply for lands being rezoned in the study area. son Process and Consultation Details The process options described above will require an OCP amendment bylaw. For the Application Driven Review Process, plan amendments would run concurrently with each application. Therefore, a process chart is not included. The Albion Area Plan Designation Map Amendment Process option and the Zoning Matrix Amendment Process option would both follow the same process of OCP amendment. Therefore, the single chart shown below outlines the steps and the timeline. Process Chart for the Plan Amendment or the Matrix Amendment Process Task Date Action item 1. Council Workshop March 19, 2012 • to endorse the review & consultation process • to present the proposed 2. Open House Late April / Early May 2012 Plan amendments to the public • to review Public Feedback & 3. Council Update / Report May 2012 consider proceeding with to COW the Plan amendments 4. First and Second May 2012 • to grant bylaw readings & to Reading advance to Public Hearing 5. Public Hearing June 19, 2012 • to notify of meeting & hear representations • to consider Public Hearing 6. Council Meeting June / July 2012 comments & further readings 7. Adoption July 2012 • to consider adoption Early and Ongoing Consultation As noted on the above process chart, an Open House is proposed to be held in late April / early May 2012. The purpose of the Open House is to give local residents an opportunity to become informed and to provide staff with comments about the proposed changes to the Albion Area Plan. This Open House will be advertized in both local Newspapers, and will be posted in the District website. At the Open House, information will be contained in a display, and a comment sheet will be available for participants to provide feedback. -12- In addition to the formal referral to the School Board under Section 879 of the Local Government Act, the usual administrative referral process will be followed for OCP amendments involving changes to land uses and density. These will include: the School District, Fire Department, RCMP, Engineering, and Parks and Leisure Services. Implications of Density Increase The growth scenarios outlined above will have implications on the provision of both hard infrastructure services and soft service to accommodate the needs of new residents. Some of these are outlined below: namely, • School Capacity: A present the existing Albion School is exceeding capacity. Elementary students from this area will be attending Webster's Corner Elementary for the foreseeable future. The Albion Area Plan identifies two school sites in the Study Area. Neither site has been acquired. Acquisitions and negotiations to acquire school lands become more difficult as development pressures grow, densities increase, and more lands are being assembled for development. Some time ago the School Board decided not to acquire the school site located on 112th Avenue in Area 1. Indications are they still desire the school site on 2481h Street in Area 2. It is understood that the District, School Board and the Province are in discussions with regard to the acquisition of this site. We also understand that construction of the school site on 1041h Avenue is the number one priority of the School District. • Park and Open Space: Open space will be set aside as conservation areas through the development process. Although these areas are undevelopable due to steep slopes, watercourse setbacks and wetlands, they do provide visual open space, wildlife habitat and limited opportunities for trails and recreation. A number of neighbourhood parks are identified in the Albion Area Plan for active and passive use by future residents. They will need to be acquired sooner than expected due to the increase pace of development currently being experienced. As experienced in Silver Valley, as neighborhoods develop, expectations grow for usable and active park space, with equipment, buildings and facilities like child play equipment. • Police & Fire Protection: As a community grows, safety and security -related services resource may need to be expanded. The timing or the location for necessary investments in vehicles, equipment, or station facilities may change due to the distribution of growth and more buildings that need to be served. The growth in north Albion may spur the need to advance the construction of Fire Hall No. 4 proposed for land located just west of the Study Area. • Library Services: Libraries continue to be in demand even in the age of electronic and on- line resources. They often provide programs for young readers and facilities, summer or year round activities for teens, and for seniors. -13- In -Stream Applications The Study Area has six applications that are in -stream and being processed. The map below provides information about the proposal and their locations. One application (CIPE Homes) was recently granted Third Reading by Council, following Public Hearing. Four applications are for single family subdivisions and one is for a townhouse development, all of which are at early stages of processing. Consistent with past practices of Council and advice from the District Solicitor, it is proposed that: 1. Applications that are in -stream and past Public Hearing proceed through to completion, subject to satisfying application requirements set by Council. 2. Applications that are in -stream or new, but have not proceeded on to Public Hearing, are proposed to be deferred until such time as the Albion Area Plan Amendments proposed in this report, are presented at Public Hearing and given Third Reading by Council. The exception is for new applications in compliance with the current Albion Area Plan policy and density designation. These applications are proposed not to be deferred and may proceed through the approval steps. Location of Current Applications for Development -14- CONCLUSION: The southern portion of the Albion Plan Area is nearing build -out. The portion of Albion in the more environmentally sensitive lands to the north of Kanaka Creek (e.g. Area 1 between 108 Avenue and the ALR) and immediately to the east (Area 2 to the east of 248 Street) are a focus for development. Service infrastructure is limited and will need to be upgraded and sized for the anticipated development. This report proposes three density scenarios and possible approaches to provide the servicing for the anticipated density. This report also considers the process available to Council to change the Albion Area Plan for the anticipated densities. It is recommended that Council endorse the recommendations contained in this report. Prepared by: Adrian Kopystynski, MCIP , Planning Technician Approved by: Christine Carter, MCIP irector of PI ing ►- /_��7 Concurrence: J. L. (Jim) Rule Chief Administrative Officer CG by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services The following appendices are attached hereto: Appendix A - North Albion Study Area (Showing Areas 1 and 2) Appendix B - Existing Albion Area Plan -15- APPENDIX A i 7- co 7 111 District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin MEETING DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: SUBJECT: Development of District Owned Property in Town Centre EXECUTIVE SUMMARY: March 19, 2012 Workshop In 2011, the District of Maple Ridge completed the purchase of 3.04 acres of property bordered by Selkirk Avenue, 227th Street and 119t" Avenue (The Property). Appendix 1 to this report is a map showing The Property. The purchase of the land was seen as a strategic acquisition that could assist in encouraging development in the downtown. Since the purchase of The Property, the downtown is witnessing an unprecedented volume of development over a short period of time. Properties that have remained undeveloped for decades are now under construction. There are many attributing factors to this, however Council's continued commitment through decisive actions is one of the primary reasons. The completion of the Town Centre Area Plan, the aggressive incentive program, the investment in infrastructure and the purchase of The Property have all signaled to the development and investing communities, the value that Council places on the downtown. Over the past year as the site was being cleared, the District has met with numerous developers to explore ideas and preliminary concepts as to potential opportunities for The Property. In addition other leading edge developments in other municipalities have been researched and/or toured. This includes: • Newport Village - Port Moody • Morgan's Crossing - Surrey • The Brook - North Vancouver • Dockside Green - Victoria • Town Centre - Coquitlam • Revitalized Brentwood Town Centre - Burnaby • Proposed Fraser Mills Development - Coquitlam • Suter Brook Village - Port Moody In addition, meetings with a number of consultants with significant experience in these types of projects have garnered very useful and insightful information of the different types of approaches that could be used. With the level of activity currently in the downtown, the knowledge gained from the research done over the past year and the clearing of the site, this report outlines a detailed process that commences with an invitation for Expressions of Interest to develop The Property. The intent of inviting Expressions of Interest is explained in detail later in this report. The Expressions of Interest will require a level of detail that will allow the District to 4.41 short list qualifying development companies and then advance to the next stage which would be formal and more detailed Request for Proposals. Figure 3 of this report outlines the proposed process. This report recommends that the process be endorsed. RECOMMENDATION(S): THAT process outlined in Figure 3 of this report, titled "Development of District Owned Property in the Town Centre", dated March 19, 2012 be endorsed. DISCUSSION: a) Background Context The award winning Smart Growth on the Ground Town Centre Area Plan was adopted into the Official Community Plan in 2008. The over-riding premise behind this plan is that it would be action oriented and not just another study that grew dust on the shelf. In other words, the District would back the plan by implementing actions on the ground. A primary goal of the plan is to densify the town centre and provide an environment that would attract appropriate commercial and business activity. Since the plan was adopted over 2,000 new residents call the town centre home. New commercial and business developments have been built or are under construction on 224th Street, 226th Street, Dewdney Trunk Road and the Lougheed Highway. A new Thrifty's store is now under construction, and with it are extensive exterior renovations to the Haney Place Mall. In addition, many businesses have undergone extensive renovations including, for example, Fuller Watson. A new hotel has gone through a Public Hearing and received third reading. The number of new developments and/or improvement projects either under construction or in the hopper now totals 31 and interest in the downtown remains significant. Council actions that have contributed to this include: • The completion and adoption of the Smart Growth Town Centre Area Plan • The aggressive incentive program • The investment in infrastructure • The purchase of The Property • The ongoing support for the BIA, festivals, Farmers Market, Chamber of Commerce and community events These have all signaled to the development and investing communities, the value that Council places in the downtown. The Pro e The 3.04 acre site purchased in 2011 is strategically located in the heart of the downtown. Bordered by 227th Street, Selkirk Avenue, 226th Street and 119th Avenue, it is literally next door to all the primary services provided in the downtown. This includes, for example, walkable access to: • Haney Place Mall • Valley Fair Mall • The TransLink Bus Hub 2 • The Arts Centre Theatre and Cultural Centre • The Leisure Centre • The Library • Memorial Peace Park • Shops and Restaurants • The New Gaming Centre A new residential/commercial mixed use development is currently under construction on the property immediately adjacent to The Property. The Town Centre Area Plan and the OCP identifies a similar commercial and medium to high rise apartment mixed use development on The Property. The Property consists of a number of individual lots that will need to be consolidated. Part of The Property will also need to be rezoned. An OCP amendment will also be required. Smart Growth Plan - Town Centre Area Plan Development Permit Guidelines for the Town Centre Area Plan identify a number of precincts. Figure 1 shows the different precincts. The Property is located within the Civic Core precinct. f a � i } North View 1 • oft i � e V40!r 7 ` f South View' LoWnd FV*ck b t D wE W*dt i CrvCCate 3 D7wE"i 4 swlh of Louw w S Pon Hor*y A wSwrorl 4 ��+ YrtiF r Map v** 11 FIGURE 1: TOWN CENTRE PRECINCTS & MAJOR CORRIDORS 3 The following is an extract from the Town Centre, Development Permit Guidelines Civic Core - General Conditions and Character The Civic Core acts as the municipal and public node of Maple Ridge Town Centre. It is bound to the north by Brown Avenue and to the south by Lougheed Highway. It extends west to 2241h Street and east to 227th Street. The area offers important mountain views from 2261h Street northward. There are also notable views over the park from the Arts Centre Theatre and Cultural Centre looking west and looking east from 224th Street. The Civic Core hosts Maple Ridge's key community buildings and parks including the District Hall, the Library, the Leisure Centre, the Arts Centre Theatre and Cultural Centre and Memorial Peace Park. This precinct is recognized as Maple Ridge's cultural hub. These important cultural facilities provide places for social gatherings, events, festivals and celebrations. Community members suggest the area has "amazing potential beyond what is already positive". They indicate that more intense mixed -use commercial development in the area could bring more people living, working and playing in the area, and greater community vibrancy within the Civic Core. New development in the area should provide more retail activity, higher density housing, improved pedestrian and bicycle accessibility and build upon the Core's great public spaces. The area should foster building design that has strong urban form, reflective of Maple Ridge's heritage characteristics. Civic Core - Key Guideline Concepts 1. Promote the Civic Core as the "heart" of the Town Centre. New development should promote the Civic Core as the heart of the Maple Ridge Town Centre. Anchored by a cluster of civic facilities and Memorial Peace Park, the Civic Core should follow the examples of these buildings and public spaces to accommodate public gatherings, festivals and parades, and create a vibrant pedestrian atmosphere. New development should enhance the quality, character and vibrancy of this important urban environment. Colours should be harmonious, and materials of sustainable quality. All new commercial, multi -family and mixed use buildings should create an attractive appearance to the street. 2. Create a pedestrian -oriented, boutique -style shopping district. New development in the Civic Core should foster a pedestrian -oriented, boutique -style shopping and employment environment amongst diverse residential buildings. A building's form and mass should support a strong pedestrian oriented urban realm and should help to define the street and sidewalk areas as active public spaces. Taller buildings (greater than 5 stories) should be stepped back in a podium style to blend with low-rise (3-5 story buildings) and provide a more ground -oriented feel. 3. Reference traditional architectural styles. New development in the Civic Core, like the West precinct, should reference more traditional architectural styles, including Maple Ridge's most desirable heritage and/or character brick buildings. A cohesive building style should be maintained, ensuring new buildings have consistent architectural and urban design setbacks, form, mass and height throughout the precinct. 4. Capitalize on important views. New development should capitalize on important mountain views that extend northwards, particularly from 226th Street. Existing streets and buildings should maintain and enhance these views. M 5. Enhance existing cultural activities and public open space. New developments should include attractive, functional public outdoor spaces that build upon and enhance the existing cultural activities and public spaces in the Civic Core, such as the Library, the Arts Centre Theatre and Cultural Centre, and Memorial Peace Park. Outdoor spaces should be designed to accommodate a wide use of activities, incorporate universal access, reduce vandalism and increase safety. 6. Provide climate appropriate landscaping and green features. New development should provide landscape elements that reinforce the urban character and vibrancy of the Town Centre. Landscape elements should enrich the pedestrian friendly character of streets in the precinct, moderate the internal building climate, manage stormwater on site, and reference the architectural quality of new buildings. Where feasible, mature trees should be retained, vegetation suitable for the Maple Ridge climate should be planted, and green roofs and walls should be considered. 7. Maintain street interconnectivity. New development should maintain street interconnectivity and the traditional use of the lane as a service street and secondary vehicular and pedestrian throughway. Where feasible, parking requirements should be accommodated underground. +xaaaafa WnaW*%paa%wn 40"d a wd ama *tea nwt MOPW R,Opa t � � v..rap fr�eaC�pa�7 �aafa c+.t n vvarfi . Abn-va . nW&W, sew ae,,a. aeaea Ax aeawnft marry v+o an p•rr,as.�s�a*�au anC aara# ��a� � - racrru Q1W xra vuNC $cat+.+ &V acc"Pt y FIGURE 2: CIVIC CORE CHARACTER SKETCH 5 Research Results - Sustainable Buildings and Developments In addition to the work done for the Smart Growth Town Centre Area Plan, considerable research has been done to understand the types of developments occurring in other municipalities in order to rationalize what might be appropriate. These include: • Newport Village - Port Moody • Morgan's Crossing - Surrey • The Brook - North Vancouver • Dockside Green - Victoria • Town Centre - Coquitlam • Revitalized Brentwood Town Centre - Burnaby • Proposed Fraser Mills Development - Coquitlam • Suter Brook Village - Port Moody NEWPORT VILLAGE - PORT MOODY A number of these developments have been toured with representatives from those municipalities, consultants and developers. Of significance is the move towards sustainable buildings and developments. Many of these developments have pursued a whole spectrum of design elements that support new development opportunities, a high quality of living and a minimal impact on the environment. These developments have built or are in the process of building communities that echo many of the Smart Growth elements already embedded in the District's OCP (Policies 2.11 to 2.24). These concepts around sustainable buildings are also embodied in the Town Centre Development Permit Guidelines. As the owner of the land, the District is positioned to pursue these types of opportunities. The invitation for Expressions of Interest will note the District's desire to pursue sustainable buildings. Some of the elements include: ➢ A dynamic development featuring the broadest spectrum of uses including homes, offices, shops and services. ➢ A development that offers a sense of belonging, and with it, pride in an accomplishment of true environmental sustainability. 6 ➢ A LEEDO certified building or equivalent. ➢ Geothermal heating and cooling. ➢ Holistic, closed -loop design, functioning as a total environmental system in which form, structure, materials, mechanical and electrical systems interrelate and are interdependent. ➢ Whole -system costing beyond building design to include site and community infrastructure costs. ➢ Reducing the emission of greenhouse gases and heat-island effects, creating a natural habitat and improving human health. ➢ Warranties that protect the purchasers investment for 10 years against structural defects, 5 years of envelope coverage and 2 years of limited material and labour coverage. ➢ Solar UV collectors, heat recovery ventilation and rain water retention tanks. ➢ Rain water and groundwater recycling systems where rain water runoff from the roof is collected and used to irrigate the landscaping and flush toilets. GEOTHERMAL HEATING AND COOLING: Used in The Brook - North Vancouver 7 Amenities The developments that have been researched have been able to achieve a number of amenities. As the owner of the land the District is well positioned to require the provision of a range of amenities. Some of the more common amenities provided include: • Indoor community space • External community park space =0.61114M-1 • A percentage of the units designated for affordable housing • A percentage of the units designated for rental stock An indoor community space similar to the large room at Bonson's Landing in Pitt Meadows could provide a desirable setting for different functions in the downtown. Some form of public art is in keeping with the District's OCP Policies to see the downtown and other areas populated with public art displays. Council has, in the past, expressed a desire to see some of the newer developments designate a small percentage of the units for affordable housing and/or rental stock. As the owner of The Property, the District is positioned to pursue this designation. Again, this is consistent with the OCP Policy (section 3.2). The invitation for Expressions of Interest will identify the District's desire to pursue these forms of amenities. Expressions of Interest (E01) The invitation for E01 commences the selection process for the project. An invitation for E01 is a common mechanism for potential proponents to express interest in the project without having to go to the expense of preparing a detailed proposal. The purpose of the E01 phase is to shortlist proponents that can demonstrate their capacity, financial capability and experience to deliver the project and are prepared to work with the District to the conclusion of the project. At the conclusion of the E01 phase, an initial shortlist will be developed to select those proponents who will advance to the Request for Proposal (RFP) stage. An RFP will require the submission of considerable detail. Included in the E01 is: • Project overview • Purpose of the E01 • Structure of the E01 phase • Project objectives • Project timetable • Proponents qualifications The project overview will largely be what's contained in this report: • The relevant sections of the Smart Growth Town Centre Plan • The desire for a sustainable development • The desire for amenities 0 PROPOSED PROCESS: Steps Anticipated Date Council Endorses Process March 19, 2012 Invitation for Expressions of Interest March 30. 2012 Council Report May 14, 2012 Shortlist Qualifying Proponents May 14, 2012 Issue Request for Proposals May 15, 2012 Council Report July 16, 2012 Selection of Preferred Proponent July, 16 2012 Proponent Prepares Development Concept & Makes Applications July - September 2012 Prepare Draft Development Agreement October 2012 Council Report - Update October 1, 2012 1st Reading & OCP Consultation Report October 15, 2012 Development Information Meeting Late October 2012 Advisory Design Panel November 13, 2012 2nd Reading Zoning Bylaw & 1st and 2nd OCP November 27, 2012 Public Hearing December 11, 2012 3rd Reading Zoning & OCP * January 2013 Finalize Development Agreement January/February 2013 Final Reading February/March 2013 Development Permit Report February/March 2013 Building Permit Issued Spring 2013 Construction Starts Spring 2013 Figure 3: Proposed Process The above is an outline of the anticipated process. It assumes that applicant can submit a complete and acceptable design in advance of Council Reports being prepared. Many factors can influence the anticipated dates, and the schedule is identified as a guideline for a possible timeline from the endorsement of the process to the start of construction. * Assumes proponent can complete Council conditions and servicing agreements with accompanying civil drawings and costings in a timely manner. 0 b) Interdepartmental Implications The project will be jointly quarterbacked by the General Manager of Public Works and Development Services and the Strategic Economic Development Initiatives Department, and will include a team with representatives from most other departments. Some team members will be involved throughout the process, others will be involved on an as needed basis. c) Business Plan/Financial Implications As part of this process it is anticipated that the District will require, at the appropriate times, expertise frorn consultants in preparing the RFP, the Development Agreement and the legal documentation. The estimated cost of this work is $50,000 and will be financed from surplus. CONCLUSIONS: The purchase of The Property in the heart of the downtown provides an exciting opportunity to see a leading edge, sustainable development to be advanced. Endorsement of the process above could potentially see those lands under construction early in 2013. Prepared by: Frank Quinn, MBA, P.Eng General Manager, Public Works & Development Services Concurrence: ehief (Jim) Rule Administrative Officer 10 APPENDIX 1 Location of The Property in Downtown Maple Ridge L w � D m O�Lu U_ {� Q Cr LnX t[ F' ow CL -j < 0 w 0 2 tii N� , . fz4 S'lik t 11 Deep Roots Greater Heights TO: FROM: SUBJECT District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer Council Remuneration Policy EXECUTIVE SUMMARY DATE: March 5, 2012 FILE NO.: ATTN: Council Workshop Council's current remuneration policy was established in 2005 and articulates the goals or purposes of the policy and the mechanics of calculating the annual remuneration paid to the Mayor and Councilors. In the summers of 2005, 2008 and 2011 the sitting Councils followed the policy and established remuneration rates and considered other adjustments to the benefits to be provided to the incoming Council. In December 2011, Council voted to continue to be compensated at 2011 rates rather than accept the increase for 2012 that had been approved by the previous Council in July 2011. Council also indicated a desire to review the existing remuneration policy early in the New Year. This report reviews the policies of 14 other metro Vancouver municipalities and describes three common policy approaches to Council remuneration. The report recommends that Council adopt the policy attached to this report which confirms the three goals/purposes of the current policy but amends the method by which the compensation levels are established. RECOMMENDATION(S) That the Council Remuneration Policy attached to the staff report dated March 5, 2012 be adopted. DISCUSSION a) Background Context The Current Remuneration Policy The current policy is set out in the July 18, 2011 report to Council titled 2012-2014 Council Indemnity. That report, which is attached as appendix A, summarizes the three key goals of the policy and describes the market survey that was undertaken in order to formulate the recommendations for the remuneration for the incoming Mayor and Councillors in Maple Ridge. The recommendations were passed by Council on July 26, 2011. C F61 On December 13, 2011 the current Council passed the following resolution: "that staff be directed to hold Council Remuneration at the 2011 rate and further that Council will review the policy early in the New Year." Members of Council were uncomfortable with the size of the remuneration increases that were approved and also observed that the methodology of constantly comparing to other municipalities seemed to inevitably result in incremental increases for each Council. This report is intended to assist Council with the policy review and makes a recommendation for a revised policy. Findings — Remuneration Policy Frameworks in Other Metro Vancouver Municipalities Fourteen Metro Vancouver municipalities plus the Metro Vancouver Regional District responded to the District's request for information on their remuneration policies for elected officials. All except one have formal and established remuneration policies. The survey of policies in the region reveals three methods of establishing Mayor and Council compensation: 1. Comparison to other, similar municipalities. This is the most frequently used approach (8 of the 14) and the approach that Maple Ridge has used since 2005. 2. Annual adjustments based on CPI or other factors such as municipal union increases (without a commitment to the regular review of base salary). This is the approach in four municipalities. 3. Comparison to the average annual full time employment earnings of residents of that community. This approach is used in two communities. This information is gleaned from Canada Census data. One organization establishes the base salary for its Councillors on the average employment earnings, and then multiplies this number by 2.27 to calculate the base salary for the Mayor position. At the other organization, the base salary for the Mayor is 90 percent of the average annual employment earnings and the base salary for the Councillors is 40 percent of the annual employment earnings. The recommendation in this report is to primarily adopt the Annual Adjustments approach, supplemented by a regular review of the market. The regular market comparison is not for the purpose of establishing the remuneration levels; it is to provide the Council with the data they need to assess if the three goals/purposes of the policy are being met. Job Evaluation Occasionally, the process of job evaluation is suggested as an option to valuing the compensation of elected officials. Large, complex organizations use job evaluation plans to establish an internal hierarchy of jobs within the organization. Job evaluation plans measure jobs according to a number of compensable factors including knowledge, responsibility, working conditions, and effort. The jobs at the top of the hierarchy are compensated more than the jobs at the bottom of the hierarchy. (Think about a hierarchy of non -union jobs in a municipality: the city manager would be at the top of the hierarchy and typically administrative support positions would be at the bottom of the hierarchy. All the other non -union jobs comprise the middle. Every organization's hierarchy is unique unto itself even under circumstances where the same job evaluation plan is used.) When the job evaluation process is completed, the organization simply has a hierarchy of its jobs. It still needs to collect external market data to assign base salary rates to the various levels within the hierarchy. Therefore, job evaluation is only concerned with the relative value of jobs within an organization. Job evaluation is not concerned with external or market compensation. Analysis A policy review should start with review and confirmation of the purpose of the policy. Once the purposes are in place, the conversation on how to determine appropriate compensation can be properly framed. The current policy has three goals/purposes. The level of compensation should: 1. Reasonably reflect the time commitment involved in serving on Council 2. Be appropriate so it is not a disincentive or barrier to citizens (including successful business or professional people) who might consider running for Council 3. Be similar to the level of compensation provided other Metro Vancouver Mayors and Councillors Once the goals are confirmed or amended then any of the three models for calculating the remuneration levels can be used to achieve the goals. A description on how the three models can be used to calculate the indemnity is provided below. External Market Comparison As noted above, conducting market reviews using other similar municipalities is the most common approach. If Council wishes to continue comparing to other municipalities, there are a number of variables inherent in this approach that Council can adjust to meet the goals of the policy including: • The bundle of municipalities that are in Maple Ridge's comparator group. • The level of competitiveness at which Maple Ridge wishes to target within the comparator group (i.e. the median of the bundle or placement at a percentile higher or lower than the median). • The frequency with which Maple Ridge conducts market survey reviews and what, if any, adjustments would be made in interim years. Members of Council have expressed concern about this approach because these members perceive that constant comparison to each other results in continuous and unacceptably high levels of indemnity increases. Annual Adjustment The annual adjustment (without any commitment to regularly review the base rate) approach is the simplest approach, is respectful of the current economic climate and, addresses the concerns of a number of Councillors as noted above. Assessing the annual adjustment approach against the three policy goals/purposes yields the following: 1. Do the current remuneration levels reasonably reflect the time commitment demanded by the role of Mayor and Councillor? The current remuneration levels yield an hourly rate of around $40 to $44 an hour for the Mayor (based on 40 to 45 hours each week) and $28 an hour for Councillors (based on 25 hours per week). Does Council feel that this is fair compensation for the time spent on Council business? 2. Are the current remuneration levels sufficient so as not to act as a barrier for citizens and business people to run for Council? Given that almost thirty citizens were on the ballot in November 2011 and that these citizens generally reflected the diversity in the community, it is likely safe to say the current remuneration was not a barrier in the 2011 election. 3. Are the remuneration levels similar to what the Mayors and Councillors of other Metro Vancouver municipalities are receiving? Most compensation professionals would advise that a 10% difference is on the outer edge of "being in the ballpark." The downside to the annual adjustment approach is that without a regular review of the base rate there is risk that the base rate could fall far behind the market and place a future Council in the very awkward position of having to make up a large gap. That is why the recommendation in this report is that each newly elected Council conduct a market review in the first six months of its term. By reviewing in the first six months information on the profiles of the recently completed election candidates will still be fresh in the minds of Council and staff. Also, as stated earlier in the report, the regular market comparison is not for the purpose of establishing the indemnity levels; it is to provide the Council with the data they need to assess if the three goals of the policy are being met. There are two variables Council need to consider under this approach: • What base rates are appropriate to start with (do you need to adjust current rates?) • What formula to use to adjust compensation each year The above analysis suggests the current base rates are an appropriate level to begin with and the survey results tell us the most common (and the simplest) annual adjustment factor is Metro Vancouver CPI. Average Community Earnings The average annual full time employment earnings of residents approach is an interesting one with a populist appeal. However, from a compensation technical perspective it is hard to make the connection between the duties and responsibilities of a Mayor or Councillor and the average earnings of a resident. It is for this reason that this approach is not recommended. As a matter of interest, in 2006 in Maple Ridge the average annual full-time earnings was $44,655. b) Desired Outcome(s): To provide the Mayor and Council with a level of remuneration that meets the three purposes of the compensation policy. c) Business Plan/Financial Implications: If Council continues with 2011 remuneration rates for 2012 then there is no impact to the 2012 financial plan. The total amount currently paid for Council remuneration is $316,100 (($92,300 + (6x$37300)). The CPI increase for 2013 is obviously unknown at this time but, for example, a 1.5% adjustment would increase the 2013 total remuneration by $4,745. CONCLUSIONS In December 2011 Council voted to continue to be compensated at 2011 rates rather than accept the increase for 2012 that had been approved by the previous Council in July 2011. Council also indicated a desire to review the existing remuneration policy. This report reviews the policies of 14 other lower mainland municipalities and describes the three common policy approaches to elected officials remuneration. The report recommends that Council approve a new policy that confirms the current three purposes of the existing policy and switches the calculation of the indemnities to an annual adjustment model based on CPI. The revised policy also requires each newly elected Council to review the remuneration levels in the first six months of each term to ensure the remuneration levels are meeting the three goals of the policy. Prepared by: John Leeburn, BCOM, MBA Executive Director to the CAO Approved by., aul ill, BBA, CGA GM: F&CS Concurrence: J.L. (Jim) Rule 1 Chief Administrative Officer Deep Roots Greater Heights POLICY MANUAL Policy No: Title: Council Remuneration Policy Supersedes: Authority: ® Legislative ❑ Operational Effective Date: March 13, 2012 Approval: ® Council ❑ CMT Review Date: First Quarter 2015 ❑ General Manager Policy Statement: Council established the base rate for the annual remuneration for the Mayor and for Councillors in March 2012. Effective January 1, 2013 and each January 1 subsequently the annual remuneration for the Mayor and for Councillors will be automatically adjusted by the Metro Vancouver Consumer Price Index percentage change from the previous year. In the first six months of a newly elected Council's term the Council will conduct a market review to gather data to assess if the remuneration paid to the Mayor and to Councillors satisfies the Purposes of the Policy as articulated below. Purpose: 1. The annual remuneration will reasonably reflect the time commitment involved in serving on Council 2. The annual remuneration will be appropriate so as not to serve as a disincentive or barrier to citizens (including successful business or professional people) who might consider running for Council 3. The annual remuneration will be similar to the level of remuneration provided other Metro Vancouver Mayors and Councillors Definitions: Annual remuneration for the Mayor is the amount paid to the Mayor for discharge of the duties of that office Annual remuneration for Councillors is the amount paid to each Councillor for discharge of the duties of the office Remuneration for the Acting Mayor is the amount paid to the Councillor who is appointed by the Mayor as the Acting Mayor for a period of time Page 1 of 2 Policy Metro Vancouver Consumer Price Index is the percentage change in the Index from the same month in the previous year. The statistics can be found at: httper: /www.metrovancouver.orglaboutlstatistics/PagesJMonthiyindicators.aspx Key Areas of Responsibility Action to Take In March 2012 the annual remuneration for the Mayor was established at $92,300 In March 2012 the annual remuneration for each Councillor was established at $37,300 In March 2012 the remuneration for the Acting Mayor was established at the Councillor rate plus 20% of the Mayor's rate On January 1, 2013 and in each successive January 1, the annual remuneration for the Mayor and for each Councillor will be automatically adjusted by the Metro Vancouver Consumer Price Index percentage change from the previous year In the first six months of 2015 and in the first six months of each newly elected Council's term a market review will be undertaken to gather data to assess if the remuneration amounts in effect at that time satisfy the three purposes of the policy as articulated in the aurooses section of this r)olicv Responsibility Council Council Council Payroll/Human Resources Council's choice on who and how this is accomplished Page 2 of 2 Policy We: _ FROM SUBJECT: LU 55LT ;L coo Wlldpp'e Rldg6 His Worship Mayor Ernie Daykin and Members of Councii Chief Administrative Officer 2012-2014 Council Indemnity DATE: July 18, 2011 FILE NO: AT T Via: Cof%A! EXECUTIVE SUMMARY: Historically, in the last year of its mandate, the sitting Council has established the indemnities and other benefits that will be afforded the incoming Council. Earlier this year, Council confirmed the existing Council Compensation Policy and directed staff to review the indemnities and provide recommendations for the compensation for the term of the next Council. Since the last survey of indemnities paid to comparator Councils in 2008, the level of the indemnities has significantly increased and Maple Ridge has fallen behind the market. In order to provide alignment with the stated policy, the recommendation is to close the gap in three annual installments so that the indemnity provided to Maple Ridge Council is competitive, reasonably reflects the time commitment required of the work and is sufficient so that financial considerations do not become a barrier that would discourage or eliminate a citizen from running for municipal Council. No other changes to existing compensation or benefits levels are recommended at this time. RECOMMEN DATION(S): That Schedule A attached to the staff report dated July 18, 2011 be adopted as the schedule of indemnities for the Mayor and for Councillors effective December 1 in each of 2011, 2012 and 2013. DISCUSSION: a) Background Content: Over the years, sitting Councils have employed a number of different approaches to setting the indemnities for the incoming Council. in 2002, 2005 and again in 2008 the incumbent Councils directed staff to research the standards in the industry and to make recommendations on appropriate compensation and benefits. Councils have, on occasion, also directed that the staff recommendations be subject to a peer review by consultants with expertise in the compensation and benefits field. In April, 2011 Council confirmed the existing Compensation Policy and directed staff to review the indemnities and provide recommendations for the compensation for the term of the next Council. The Current Remuneration Policy The current policy was established in 2005 with three key goals in mind: 1. To reasonably reflect the hours the Mayor and Councillors dedicate to all elements of their responsibilities as members of Council. These responsibilities include: Preparing for meetings (reading, researching, visiting sites) Participating in meetings (4 kinds of Council meetings, community group liaison meetings, regional liaison meetings) on weekdays, weeknights and weekends Responding to phone calls and emails from constituents ® Attending community events (celebrations, fund-raisers, dinners ...) Serving the community can take time away from regular employment and certainly takes time away from family. The role of Mayor is a full-time "job" and each Councillor will regularly commit at least twenty-five hours a week to preparing for and attending meetings and corresponding with constituents; community events add to the time commitment. The policy is intended to ensure that there is appropriate compensation for the many hours spent on behalf of the community. It is worth noting that Maple Ridge now has the population, and by proxy the workload, to warrant a Council of a Mayor plus eight Councillors. Council has made the decision, for now, to remain at the Mayor plus six Councillors. 2. To minimize the possibility that financial considerations would discourage or eliminate a citizen frorn running for municipal Council. In the absence of appropriate compensation, the pool of candidates willing or able to serve could narrow significantly and may not reflect the broader community. The policy is not designed to replace, dollar for dollar, what a citizen who is gainfully employed would give up in salary and pension and benefits to serve on Council; rather, it attempts to make sure that, for those who are gainfully employed, there is a reasonable level of income replacement so that serving on Council is a realistic option. Members of Council do not earn a pension from the municipality while in office. 3. To ensure the compensation paid to the Mayor and to Councillors is competitive with their peers in the comparison market. The policy identifies ten Metro Vancouver and western Fraser Valley communities as the comparator market. The ten communities are: 1. Abbotsford 3. Coqu,tlam 5. Langley (Township) 7. North Vancouver (City) 9. Port Coquitlam 2. Burnaby 4. Delta 6. New Westminster 8. North Vancouver (District) 10. Richmond These communities were selected to create a "market" that takes into account the following features: a very strong representation from the Metro Vancouver area, communities facing similar growth pressures; communities with urban and rural land use issues; and, e a mix of communities with respect to population size The policy is to pay at the 65th percentile of this market. Survey Results All compensation data was collected from the comparator market municipalities in May and June 2011 and reflects the current indemnities being paid to elected officials in these communities, The data contains the base salary only and does not include other cash payments such as car allowance or Acting Mayor Pay. Averages and percentiles have been used throughout the report to provide an overview of the data: ® An average is the sum of all data divided by the number of observations included. ® Percentiles reflect the number of the observations that are at this level or below. For example, at the 651" percentile, 65 percent of the observations are at this level or below. a The number of observations indicates the number of organizations that provided data. Table 1 provides a summary of the base salary findings for the mayor and councilor positions from the ten municipalities. The table also indicates the comparison to the current base salary rates at the District of Maple Ridge. Table 1 - Summary of Annual Base Salary Findings for Mayor & Councillor Positions Mayor Annual Base Salary ($) Councillors Annual Base Salary ($) Number of observations f 10 10 Average 99,300 40,400 P65 101,700 43,000 District of Maple Ridge 92,300 37,300 District of Maple Ridge current base salaries as percent of P65 findings 91% 87% The compensation findings reveal the District is lagging behind its defined market for base salary for both the mayor and councilor positions. The indemnity for the Mayor is currently 9% behind the comparator market and the indemnity for each Councillor is 13% behind the market. Mid-term Adjustments The comparator group was also surveyed on how adjustments are made over the duration of a Council's term, after a base amount has been established for the first year. There are three common approaches to this; none of the three is a dominant approach. The approaches are: ® Mirror staff (CUPE and/or Fire and/or exempt) adjustments © Annual survey of adjustments given in other municipalities 13 CPI (Consumer Price index) Maple Ridge's current policy is to adjust by a formula which gives equal weight to Metro Vancouver CPI, adjustments provided to CUPE emplovees, and adiustments provided to IAFF employees. This approach is less than ideal because settlements with unionized employees are often delayed for many months which delays the adjustment for Council and could potentially delay adjustment(s) until after a Council's term has been completed. For example, at the date of this report the anticipated January 2010 adjustment for our firefighters is still unknown. It is worth noting that in 2009 the current Council decided to waive the annual adjustment that would have been paid under the policy. This decision may have contributed to the results we are seeing in this review. Peer Review To date, this report has not formally been reviewed by a third party with expertise in compensation and benefits matters. This option is still available to Council. b) Desired Outcome(s): As noted above, the policy was created to ensure the compensation and benefits afforded to the Mayor and to Councillors: Reasonably reflect the hours the Mayor and Councillors dedicate to all elements of their responsibilities as members of Council. ® Are sufficient so that financial considerations do not become a barrier that would discourage or eliminate a citizen from running for municipal Council. ® Are competitive with the compensation paid to the Mayor and to Councillors in the comparison market. c) Business Plan/Financial Implications: The incremental cost of the adjustment to indemnities is approximately $43,600 implemented over a period of three years and will be provided for in the 2012-2016 Financial Plan. d) Alternatives: There are a number of alternatives to the recommendation: 1. Council could decide not to bring the current indemnities into alignment with the stated policy, at this time. The consequence of this alternative is that it will result in Council compensation falling further behind the market; and, at some future date a future Council will be faced with the difficult scenario of making a large adjustment to Council compensation. This consequence would be exacerbated should Council also choose not to include an annual inflation adjustment discussed in paragraph 3 below. 2. Council could alter the implementation schedule. The recommendation is to implement the "catch-up" over the course of the three year term with smaller increases in the first and second year. There are virtually endless permutations in how the increases could be implemented. For example, the increases could be implemented in one step at the outset; they could be implemented equally over the three years; they could be front-end loaded ... 3. The recommendation includes a cost -of -living adjustment at the start of each year of the term. The cost -of -living adjustment is intended to keep the salary rates current so that the rates will not be behind the market as a result of ignoring inflationary factors. Council could decide not to include a cost -of -living adjustment. Also, as noted in the body of the report, Council has the option of having a compensation and benefits expert review and comment upon the work completed by staff. CONCLUSIONS: The work of Council continues to get more varied, complex and demanding on personal time. Since the last survey of indemnities paid to comparator Councils in 2008, the level of the indemnities has increased and Maple Ridge base salaries have fallen behind the market. The recommendation to achieve alignment with the stated policy by closing the gap in three annual increments is intended to ensure the indemnities provided to Maple Ridge Council are competitive, reasonably reflect the time commitment of the work and are sufficient so that financial considerations do not become a barrier that would discourage or eliminate a citizen from running for municipal Council. No other changes to existing compensation or benefits levels are recommended at this time. Prepared by: John Leeburn, BOOM, MBA Executive Director to the CAO r� Approved by: Paul Gill, BA, CGA GM: F&CS Concurrenfe: J.L. (Jim) Rule Chief Administrative Officer it Schedule A District of Maple Ridge. Mayor Councillor December 1, 2011 J_ Compensation i $94,500 $38,500 2 COLA adjustment ! $94,500 + (Metro Van CPI) $38,500 + (Metro Van CPI) December 1, 2012 3 Compensation adjustment Line 2 + 2.65% Line 2 + 4% 4 COLA adjustment Line 3 + (Metro Van CPI) Line 3 + (Metro Van CPI) December 1, 2013 5 Compensation adjustment Line 4 + 4% Line 4 + 6% 6 COLA adjustment Line 5 + (Metro Van CPI) Line 5 + (Metro Van CPI) The Acting Mayor receives a premium of 20% of the Mayor's Indemnity. Metro Vancouver CPI can be found at: http://www. metrova ncouve r.org/a bout/statistics/ Pages/M onth lyl nd icators.aspx metirayancouver- ........ ............... .... = ...-..-.-............--.....__...-.... ----------------- - ---- - . 4330 Kingsway, Burmaby, BC, Cana:la V5H 4�3 604-432-5200 �n�w%rv-:-, ovr; :._ uer.,Dr.- February 23, 2012 Ms. Christine Carter Director of Planning District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6A9 Dear Ms. Carter: Board Secretariat and Corporate Information Department Tel. 604-432-6250 Fax 604-451-6686 File: CP-11-01-RGS-14 Re: Notification of Proposed Amendment to the Metro Vancouver Regional Growth Strategy Metro Vancouver has received a request from the City of Coquitlam to amend Metro Vancouver's Regional Growth Strategy Bylaw. The amendment would remove the following words from section 6.3.4 (b) of the Regional Growth Strategy: "Conservation and Recreation lands utilized only for commercial extensive recreation facilities." This section is currently written as follows: "6.3.4 The following Type 3 minor amendments require an affirmative 50%+1 weighted vote of the Metro Vancouver Board and do not require a regional public hearing: b) for sites within the Urban Containment Boundary, amendments from Industrial, Mixed Employment, Conservation and Recreation lands utilized only for commercial extensive recreation facilities, or General Urban land use designations to any other such regional land use designations." The Local Government Act, Section 867 (1) (c) (i), requires members of the Intergovernmental Advisory Committee to be notified of any "major" amendments to the Regional Growth Strategy, and for this reason, we are providing notification to you, as a member of the Committee. This amendment is deemed a "major amendment". Major amendments (called Type 1 amendments in the Regional Growth Strategy) require unanimous acceptance from all affected local governments and a majority vote of the Metro Vancouver Board, but do not require a public hearing. The attached report provides the full details of the proposed amendment. It is anticipated that the Metro Vancouver Board will consider first and second readings to a Regional Growth Strategy Amendment Bylaw following the notification period. If the Bylaw is given initial readings it will be sent to all affected local governments for acceptance. Affected local governments will have 60 days upon receipt of the Bylaw to accept or not accept the Bylaw. You are invited to provide written comments on the proposed amendment to the Regional Growth Strategy. Please provide comments by March 29, 2012. If you have any questions with respect to the amendment, please contact Jason Smith, Regional Planner, at 778-452-2690 or iason.smith@metrovancouver.orq. More information about the Regional Growth Strategy can be found on our website at www.metrovancouver.ora. 511 Notification of Proposed Amendment to the Metro Vancouver Regional Growth Strategy To: Ms. Carter Page 2 of 2 Sincerely, Paulette Vetleson Manager/Corporate Secretary PV/G R/cd ATTACHMENT Report to the Metro Vancouver Board on September 23, 2011, titled `Request by the City of Coquitlam for Type 1 Amendment to the Regional Growth Strategy', dated September 7, 2011 5937066 ATTACHMENT Section E 4.4 metrovancouver --rear---Vancouver Regional [7 s[---- Gre';)Cer ;ian-ouver LUater >:>trict Greater Vancouver Sevver,age. and Drainage ? t ct - Motro 4'an over h owsinc Corporation 4330 Kingsway, Burnaby, BC, Canada V5H 4G8 604-432-6200 www.metrovancouver.org Regional Planning Committee Meeting Date: September 16, 2011 To: Regional Planning Committee From: Christina DeMarco, Regional Development Division Manager Metropolitan Planning, Environment and Parks Department Date: September 7, 2011 Subject: Request by the City of Coquitlam for Type 1 Amendment to the Regional Growth Strategy Recommendations: That the Board: a) Initiate the process for a Type 1 amendment to the Regional Growth Strategy in accordance with section 857 of the Local Government Act for the amendment requested by the City of Coquitlam to delete from section 6.3.4b) of the Regional Growth Strategy the phrase "Conservation and Recreation lands utilized only for commercial extensive recreation facilities"; and b) Direct staff to provide written notice of the proposed Type 1 amendment to all affected local governments, with the intent to commence bylaw introduction in early 2012. 1. PURPOSE The purpose of this report is to initiate a Type 1 amendment process for the Regional Growth Strategy in response to a request by the City of Coquitlam, to outline the process for considering the amendment, and provide information and analysis on the requested amendment. 2. CONTEXT The Regional Growth Strategy (Greater Vancouver Regional District Regional Growth Strategy Bylaw No. 1136, 2010) was accepted by all affected local governments and adopted by the Metro Vancouver Board on July 29, 2011. Following acceptance by the City of Coquitlam, Coquitlam Council submitted a resolution to Metro Vancouver requesting amendments to the Regional Growth Strategy be considered after its adoption (Attachment). Coquitlam requests an amendment to delete from section 6.3.4(b) the phrase "Conservation and Recreation lands utilized only for commercial extensive recreation facilities". Metro Vancouver Staff Analysis The Regional Growth Strategy (RGS) sets out that any changes to the Conservation and Recreation area requires a two-thirds vote of the Board and a regional public hearing. However, the RGS section 6.3.4(b) included a provision specifically requested by the City of Coquitlam to allow Conservation and Recreation lands to be redesignated by a simple majority vote if those lands are used for commercial extensive recreation facilities, and are situated within the Urban Containment Boundary. Request by the City of Coquitlam for Type 1 Amendment to the Regional Growth Strategy Regional Planning Committee Meeting Date: September 16, 2011 Paae 2 of 3 This section is currently written as follows: "6.3.4 The following Type 3 minor amendments require an affirmative 50%+1 weighted vote of the Metro Vancouver Board and do not require a regional public hearing: b) for sites within the Urban Containment Boundary, amendments from Industrial, Mixed Employment, Conservation and Recreation lands utilized only for commercial extensive recreation facilities, or General Urban land use designations to any other such regional land use designations". The City of Coquitlam had requested the clause to allow increased flexibility in land designations for those particular uses. However, the City has subsequently determined that this clause is not necessary, and should be removed. Metro Vancouver Staff Recommendation Metro Vancouver staff support the proposed amendment as it will provide a higher degree of protection for designated Conservation and Recreation lands throughout the region. Technical Advisory Committee (TAC) Comments TAC supports the Metro Vancouver staff recommendation to amend the Regional Growth Strategy as proposed by Coquitlam, and also provides the following comments: • TAC supports removing the clause and agrees that the amendment should be brought forward as soon as reasonably possible in 2012. Process and Timeline for the Regional Growth Strategy Amendment It is recommended that the Type 1 amendment bylaw be initiated in early 2012 after the new Board has been appointed. The Type 1 process requires a 60 day period for ratification by affected local governments, which would extend beyond the term of the current Board. Initiating the bylaw in 2012 would avoid having the bylaw amendment considered by two different sets of Board directors. The proposed amendment is not considered to be time sensitive. Proposed Timeline for Type 1 Amendment August 26, 2011 Report to the Technical Advisory Committee for comments, as per RGS Procedures Bylaw No. 1148, 2011 September 6, 2011 Technical Advisory Committee comments to Metro Vancouver as per RGS Procedures Bylaw No. 1148, 2011 September 16, 2011 Report to Regional Planning Committee September 23, 2011 Report to the Board to initiate the amendment process with the intent to introduce an amendment bylaw in early 2012 September 23, 2011 Provide written notice of proposed amendment to affected local governments Winter 2012 Board to consider Bylaw 1 S / 2" Readings Winter 2012 Submit Amendment Bylaw to affected local government for acceptance; initiate 60 day ratification process Spring 2012 60 day ratification process ends Spring 2012 Board to consider giving the Bylaw 3" Reading and Final Adoption Request by the City of Coquitlam for Type 1 Amendment to the Regional Growth Strategy Regional Planning Committee Meeting Date: September 16, 2011 Page 3 of 3 The Type 1 amendment requires an affirmative 50% + 1 weighted vote of the Metro Vancouver Board, and acceptance by all affected local governments in accordance with section 857 of the Local Govemment Act. An initial 30 day notification of the Type 1 amendment will be made to all affected local governments on September 23, 2011 by sending a copy of this report and by posting a notice of the proposed amendment on the Metro Vancouver website. If affected local governments wish to respond to the proposed amendment, they -must do so by Council resolution. 3. ALTERNATIVES That the Board: [RECOMMENDED] a) Initiate the process for a Type 1 amendment to the Regional Growth Strategy in accordance with section 857 of the Local Government Act for the amendment requested by the City of Coquitlam to delete from section 6.3.4b) of the Regional Growth Strategy the phrase "Conservation and Recreation lands utilized only for commercial extensive recreation facilities"; and b) Direct staff to provide written notice of the proposed Type 1 amendment to all affected local governments, with the intent to commence bylaw introduction in early 2012. 107:j c) Provide alternative direction. 4. CONCLUSION This report initiates the amendment process to the Regional Growth Strategy for a Type 1 amendment with the intent to commence bylaw introduction in early 2012. Metro Vancouver staff recommends that the Board support the proposed amendment. ATTACHMENTS 1 Request from City of Coquitlam for Type 1 RGS Amendment (Doc. #5375141). 5375600 ATTACHMENT CoQuitlam March 22, 2011 EMAILED AND FAXED Our File: 01-0480-20/RD13-01/2011-1 Doc #: 1047405.v1 Christina DeMarco Regional Development Division Manager Policy and Planning Department Metro Vancouver 433o Kingsway Burnaby, BC V5H 4G8 Christina. DeMarco@metrovancouver.or Dear Ms. DeMarco: RE: Redesignation of the Westwood Plateau Golf Course Lands Please be advised that at the March 21, 2011 Regular Meeting of Council for the City of Coquitlam, the following resolution was adopted: That the Metro Vancouver Board be requested to: 1. Redesignate the Westwood Plateau Golf Course lands, which are presently designated in the proposed Regional Growth Strategy (RGS) as "General Urban" and in the City of Coquitlam's Official Community Plan as "Extensive Recreation" to the RGS "Conservation and Recreation" land use designation; 2. Delete the phrase "Conservation and Recreation lands utilized only for commercial extensive recreation facilities" in Section 6.3.4.b) on page 60 of the proposed RGS; and, 3. Extend the "Conservation and Recreation' land use designation to existing public parks and protected riparian corridors in Coquitlamn as shown on the attached map. Cegvitl]M File+:01-Cw80-20/RDI-Oli-2011-1 Doc it- I047g0.5M Page 2 March 22, 2011 Please find enclosed a copy of the report of the General Manager Planning and Development dated March 17, 2011 entitled "Supplementary Information Regarding Notice of Motion - Redesignation of the Westwood Plateau Golf Course Lands". Should you have any questions or require further information with respect to this matter please contact Jim McIntyre, General Manager Planning and Development at 604-927-3401. Yours truly, c - Jim McIntyre, General Manager Planning and Development File #: 01-0480-20/RD13-01/2011-1 Doc #: 1.047405.v1