Loading...
HomeMy WebLinkAbout2017-06-06 Workshop Agenda and Reports.pdfCity of Maple Ridge 1.ADOPTION OF THE AGENDA 2.MINUTES 2.1 Minutes of the May 2, 2017 Council Workshop Meeting 3.PRESENTATIONS AT THE REQUEST OF COUNCIL 4.MAYOR AND COUNCILLORS’ REPORTS 5.UNFINISHED AND NEW BUSINESS 5.1 Parks, Recreation and Culture Facilities Consultation Update Presentation by Jennifer Wilson, Jennifer Wilson, Consultants 5.2 School Site Synthetic Field Follow Up Presentation by V. Richmond, Manager of Parks Planning and Operations COUNCIL WORKSHOP AGENDA June 6, 2017 6:00 p.m. Blaney Room, 1st Floor, City 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. The meeting is live streamed and recorded by the City of Maple Ridge. Council Workshop June 6, 2017 Page 2 of 5 5.3 Maple Ridge Leisure Centre First Floor – Pool Change Rooms & Lobby Renovations – Contract Award Staff report dated June 6, 2017 recommending that the Leisure Centre First Floor - Pool Change Room and Lobby Renovations Contract be awarded to Shape Architecture Inc., that a contingency of 20% be established and that the Corporate Officer to authorized to execute the contract. 5.4 BC Energy Step Code Presentation by L. Benson, Manager of Sustainability and Corporate Planning and M. Chorobik, Research Technician 5.5 2017 Residential Class Property Taxation Presentation by D. Olivieri, Research Technician Staff report dated June 6, 2017 providing information on municipal property taxes levied against the Class 1 – Residential Property Class. 5.6 Bylaw to Regulate Supportive Recovery Homes and Other Similar Care Facilities Staff report dated June 6, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7339-2017 to regulate care facilities in the City of Maple Ridge including unregulated, unlicensed or unregistered supportive recovery homes and other facilities be given first and second reading and be forwarded to Public Hearing. 6. 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. Council Workshop June 6, 2017 Page 3 of 5 6.1 Maple Ridge/Pitt Meadows Chamber of Commerce Letter dated May 8, 2017 from Mike Morden, President, Chamber of Commerce serving Maple Ridge and Pitt Meadows requesting the City of Maple Ridge to consider a policy to reduce the spread between residential and commercial property taxes. 6.2 E-Comm 9-1-1 Letter dated May 23, 2017 from E-Comm requesting the name of the individual who will attend the June 22, 2017 Annual General Meeting of the shareholders of E-Comm as the City’s representative. 6.3 Upcoming Events June 7, 2017 5:30 p.m. Improving Patient Care in Ridge Meadows – Meadows Gardens Golf Club, Pitt Meadows, BC Organizer: Ridge Meadows Patient Health Hub Steering Committee June 15, 2017 6:30 p.m. Municipal Advisory Committee on Accessibility Issues 14th Annual Awards – Maple Ridge City Hall Council Chambers Organizer: Municipal Advisory Committee on Accessibility Issues June 24, 2017 6:00 p.m. Fraser River Sunset Dinner Cruise – 900 Quayside Drive, New Westminster, BC Organizer: Rivershed Society of BC June 26, 2017 11:00 a.m. Charity Golf Tournament – Meadow Gardens Golf Club, Pitt Meadows, BC Organizer: Maple Ridge Community Foundation June 26, 2017 5:30 p.m. Annual Fundraising Dinner – Meadow Gardens Golf Club, Pitt Meadows, BC Organizer: Maple Ridge Community Foundation July 8, 2017 11:00 a.m. Eid al Fitr Celebrations – Maple Ridge Library Organizer: Fraser Valley Regional Library Council Workshop June 6, 2017 Page 4 of 5 7. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL Links to member associations: • Union of British Columbia Municipalities (“UBCM”) Newsletter The Compass o http://www.ubcm.ca/EN/main/resources/past-issues-compass/2016- archive.html • Lower Mainland Local Government Association (“LMLGA”) o http://www.lmlga.ca/ • Federation of Canadian Municipalities (“FCM”) o https://www.fcm.ca/ 8. MATTERS DEEMED EXPEDIENT 9. ADJOURNMENT Checked by: ___________ Date: _________________ Council Workshop June 6, 2017 Page 5 of 5 Rules for Holding a Closed Meeting Section 90(1) 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 for a 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 property of the municipality; (e) the acquisition, disposition or expropriation of land or improvements, if 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) litigation or potential litigation 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 receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (j) 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; (l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing 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. Section 90(2) A part of a council meeting must be closed to the public if the subject matter being considered relates to one or more of the following: (a) a request under the Freedom of Information and Protection of Privacy Act , if the council is designated as head of the local public body for the purposes of that Act in relation to the matter; (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party; (c) a matter that is being investigated under the Ombudsperson Act of which the municipality has been notified under section 14 [Ombudsperson to notify authority] of that Act; (d) a matter that, under another enactment, is such that the public must be excluded from the meeting; (e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act . City of Maple Ridge COUNCIL WORKSHOP MINUTES May 2, 2017 The Minutes of the City Council Workshop held on May 2, 2017 at 6:00 p.m. in the Blaney Room of City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. 0BPRESENT Elected Officials Appointed Staff Councillor K. Duncan E.C. Swabey, Chief Administrative Officer Councillor B. Masse K. Swift, General Manager of Parks, Recreation & Culture Councillor G Robson P. Gill, General Manager Corporate and Financial Services Councillor T. Shymkiw F. Quinn, General Manager Public Works and Development Councillor C. Speirs Services L. Darcus, Manager of Legislative Services ABSENT 1BOther Staff as Required Mayor N. Read 2BD. Pollock, Municipal Engineer Councillor C. Bell 3BB. Elliot, Manager of Community Planning A. Grochowich, Planner 1 4BD. Boag, Director of Parks and Facilities Note: These Minutes are posted on the City Web Site at www.mapleridge.ca Note: Councillor Shymkiw chaired the meeting as Acting Mayor. 1.ADOPTION OF THE AGENDA R/2017-162 It was moved and seconded That the May 2, 2017 Council Workshop Meeting agenda be amended with the addition of Item 5.3 New Synthetic Field Developments and moving Item 4.0 Mayor and Councillors’ Report to be dealt with following Item 6.1; and That the agenda as amended be adopted. CARRIED 2.1 Council Workshop Minutes May 2, 2017 Page 2 of 6 2. MINUTES 2.1 Minutes of the April 24, 2017 Council Workshop Meeting R/2017-163 It was moved and seconded That the minutes of the Council Workshop Meeting of April 24, 2017 be adopted as circulated. CARRIED 3. PRESENTATIONS AT THE REQUEST OF COUNCIL – Nil Note: Item 4.0 was dealt with following Item 6.1 4. MAYOR’S AND COUNCILLORS’ REPORTS Councillor Speirs Councillor Speirs attended a meeting of the Ridge Meadows Seniors Society, the UBC Research Forest Dean’s Barbeque, a Council of Councils meeting and the Tiny Houses potluck at the CEED Centre. He also attended the Multicultural Society Inaugural Banquet, the Goodbye Chums event at Kanaka Creek Park, the opening of the KEEPS Stewardship Centre and the Youth Week Talent Show. He was also at the encampment set up at the park on St. Anne Street. Councillor Masse Councillor Masse attended a Council of Councils meeting, the Tiny House potluck at the CEED Centre, the Goodbye Chums event and the opening of the Riverview Rally. Councillor Robson Councillor Robson attended many of the functions mentioned by other Councillors. Councillor Duncan Councillor Duncan attended a number of events. She attended a meeting of the Active Transportation Committee. Councillor Shymkiw Councillor Shymkiw attended the Goodbye Chums event and several Metro Vancouver Committee meetings. He participated in Metro Vancouver Parks site visits. Council Workshop Minutes May 2, 2017 Page 3 of 6 5. UNFINISHED AND NEW BUSINESS 5.1 Golden Ears SSO Storage Project • Paul Wilting, P.Eng. Project Manager, East Fraser Servicing & Treatment, Project Delivery, Liquid Waste Services, and Andrea Winkler, Program Manager, Public Involvement, Metro Vancouver The Municipal Engineer introduced the topic and the guests from Metro Vancouver. Mr. Wilting and Ms. Winkler provided a PowerPoint presentation which included the following information: • Northwest Langley Wastewater Treatment Plant Improvements • Service Area • Project Status • Project Components • Storage Tank • Sanitary Sewer Outfall (SSO) Overflow Tank Urgency • Examples of other SSO tanks (below and above ground) • Tank Location Evaluations • Shortlisted Locations • Tank – Pump Station Concept • Selected Location • Architectural Details (Artistic options) • Project Schedule • Community Engagement Council engaged in questions and comments, particularly respecting capacity for the long term and how to manage the infiltration of rain water into the sewage systems. 5.2 Employment Lands Consultation Outcomes and Next Step Options Staff report dated May 2, 2017 recommending the amendment of Official Community Plan Bylaw No. 7299-2016 to designate lands in Area 1: 256 Street Lands as Industrial Reserve and that an Official Community Plan Amending Bylaw be prepared to designate lands in Area 2: Lougheed Highway as Industrial and Rural Residential. Council Workshop Minutes May 2, 2017 Page 4 of 6 The Manager of Community Planning and the Planner 1 provided a PowerPoint presentation which included the following information: • Potential Employment Lands • Area 1: 256th Street Lands • Area 2: Lougheed Lands • Engagement Process • What was heard: Area 1 and Area 2 • Interdepartmental Referrals: Engineering and Economic Development • Intergovernmental Referrals: Metro Vancouver and Kwantlen First Nation • Considerations: Area 1 and Area 2 • Next steps • Recommendations 5.2.1 R/2017-164 It was moved and seconded That staff be directed to amend the Official Community Plan Bylaw No. 7299- 2016 to designate lands in Area 1: 256th Street Lands as outlined in the report “Employment Lands Consultation Outcomes and Next Step Options” dated May 2, 2017 as Industrial Reserve and that the policies include criteria to establish requirements for future development. CARRIED 5.2.2 R/2017-165 It was moved and seconded That staff be directed to prepare an Official Community Plan Amending Bylaw to designate as Industrial and Rural Residential those lands in Area 2: Lougheed Lands, as outlined in the report “Employment Lands Consultation Outcomes and Next Step Options” dated May 2, 2017. CARRIED 5.3 New Synthetic Field Developments Presentation by the Director of Parks and Facilities The Director of Parks and Facilities reviewed the school sites considered for synthetic fields and specified which sites are recommended. He outlined the next steps in the process. Council Workshop Minutes May 2, 2017 Page 5 of 6 R/2017-166 It was moved and seconded That staff prepare a report on the process and financial analysis to pursue synthetic fields and ancillary improvements, as presented by staff, at Eric Langton Elementary and Teloksy/Thomas Haney. CARRIED 6. CORRESPONDENCE 6.1 Upcoming Events Date: May 1, 2017 Time: 7:00 p.m. Youth Week 2017: Youth Talent Show, The ACT, Maple Ridge Organizer: City of Maple Ridge Date: May 2, 2017 Time: 7:00 p.m. Youth Week 2017: Summer Plan Slam, Greg Moore Youth Centre, Maple Ridge Organizer: City of Maple Ridge Date: May 3, 2017 Time: 6:00 p.m. Youth Week 2017: Tournament Night – Greg Moore Youth Centre, Maple Ridge Organizer: City of Maple Ridge Date: May 4, 2017 Time: 6:00 p.m. Youth Week 2017: 3 on 3 Hockey – Greg Moore Youth Centre, Maple Ridge Organizer: City of Maple Ridge Date: May 5, 2017 Time: 6:00 p.m. Youth Week 2017: Mentorship BBQ, Thomas Haney Secondary School, Maple Ridge Organizer: City of Maple Ridge Date: May 7, 2017 Time: 6:00 p.m. Youth Week 2017: Movie/Ice Cream Sundae, Greg Moore Youth Centre, Maple Ridge Organizer: City of Maple Ridge Date: May 7, 2017 Time: 6:30 p.m. Flamenco Performance, The ACT, Maple Ridge Organizer: The ACT Arts Centre Date: May 28, 2017 Time: 9:00 .m. Walk 4 the Salish Sea, Grandview Park, 1647 Charles St., Vancouver Organizer: Burnaby Residents Opposing Kinder Morgan Expansion / Walk 4 the Salish Sea Council Workshop Minutes May 2, 2017 Page 6 of 6 Note: Item 4.0 was dealt with following Item 6.1 7. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL – Nil 8. MATTERS DEEMED EXPEDIENT – Nil 9. ADJOURNMENT – 8:25 p.m. _______________________________ T. Shymkiw, Acting Mayor Certified Correct ___________________________________ L. Darcus, Corporate Officer 1 ID #1700501 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: June 6, 2017 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Maple Ridge Leisure Centre First Floor - Pool Change Rooms & Lobby Renovations - Contract Award EXECUTIVE SUMMARY: Six submissions were received for the Architectural Design Services RFP-PL17-34 for the Maple Ridge Leisure Centre (MRLC) First Floor - Pool Change Rooms & Lobby Renovations on May 25, 2017. Staff reviewed the proposals in accordance with established evaluation criteria, and is recommending the best value submission for this contract. RECOMMENDATION: That the Leisure Centre First Floor - Pool Change Room and Lobby Renovations Contract (RFP-PL17- 34) be awarded to Shape Architecture Inc. for a contract price of $175,185 (excluding GST), and; That a contingency of 20% in the amount of $35,037 (excluding taxes) be established for this project; and, That the Corporate Officer be authorized to execute the contract. DISCUSSION: a)Background Context: On February 20, 2017 Council directed staff to issue a Request for Proposal (RFP) for detailed design of the MRLC pool change rooms and lobby renovations. Staff initially invited consultants to submit their names to a prequalification process, then awarded short listed companies to participate in the tender process. Tender submissions consisted of six proposals which ranged from $146,345 to $213,873. Each submission was evaluated for best value utilizing published evaluation criteria which considers qualification, price and experience with similar projects. The benefits for this new design will greatly improve accessibility for all ages and abilities, improve control points, improve functionality, improve usability of existing program spaces, and larger gathering spaces for social interaction. These improvements were recommended in the Leisure Centre Facility Space Planning Audit. b)Desired Outcome: To continue to provide high calibre recreation facilities for the benefit and enjoyment of the community now and into the future. 5.3 2 ID #1700501 c) Strategic Alignment: The proposed improvements will enhance the programs and services offered at the MRLC to encourage active and healthy living opportunities for citizens through the provision of a variety of exceptional recreational, programming and social spaces. d) Citizen/Customer Implications: The renovation project is quite significant and will have a positive impact on pool change rooms and provision of aquatic services. These renovations, timeline and schedule will coincide with the Leisure Centre Pool Systems shutdown; therefore this project will not have any further impact on users while citizens and customers retain access to the remainder of the facility. e) Business Plan/Financial Implications: A budget of $5,500,000 was approved for this project in 2015, funded through infrastructure levy allocations. Given the increased scope, as approved by Council in February, 2017, as well as the time that has lapsed since the budget estimate was prepared, the cost of this project will exceed budget. How this funding deficit can be managed will be addressed in a separate report which will also cover funding for other Council approved projects such as the sports fields and the Albion Community Centre. CONCLUSIONS: Staff recommends that the contract for the Maple Ridge Leisure Centre First Floor - Pool Change Rooms & Lobby Renovations design be awarded to Shape Architecture Inc for $175,185. An additional funding allotment of $35,037 is also recommended as a contingency fund. Approval of this contract will greatly enhance, update and modernize the Maple Ridge Leisure Centre lobby and pool change room for an increased patron experience. “Original signed by Michael Millward” Prepared by: Michael Millward, Facilities Operations Manager “Original signed by Danielle Pope for” Reviewed by: David Boag, Director Parks & Facilities “Original signed by Trevor Thompson” Approved by: Trevor Thompson, Manager, Financial Planning “Original signed by Kelly Swift” Approved by: Kelly Swift, General Manager: Parks, Recreation & Culture “Original signed by E.C. Swabey” Concurrence: E.C. Swabey Chief Administrative Officer :mm City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: June 6, 2017 and Members of Council FROM: Chief Administrative Officer MEETING: Council Workshop SUBJECT: 2017 Residential Class Property Taxation EXECUTIVE SUMMARY: Throughout the year, the Finance Department provides a series of financial reports. These reports provide Council with information to assist in their decision making. In January, a detailed analysis of 2017 property assessments was presented. Recently, Council received information on our 2016 year-end financial statements and a detailed report and presentation on our financial reserves. The purpose of this report is to provide Council with information on municipal property taxes levied against the Class 1-Residential Property Class. This is important as most of the Maple Ridge assessment base is represented by the properties in this class. It is important to keep in mind that this report focuses on the municipal portion of property taxes because the levies from other jurisdictions are beyond Council’s control. In our analysis, we looked at three perspectives: 1.Residential Class Municipal Property Tax Rates Comparison We looked at the municipal tax rate the City charges to the Residential Property Class to see how it has changed from last year, and to see how it compares to others in the region. Our residential municipal tax rate decreased 23.65% in 2017, and consists of the Council approved increase in the Financial Plan Bylaw and an adjustment to neutralize market changes in assessed property values. In 2017, Residential Class property assessments increased in market value by about 35%, and the municipal tax rate was adjusted to generate the funding required in the Financial Plan. In the surveyed municipalities, from 2016 to 2017, there is a range of changes to the municipal tax rates; changes range from a 17.3% decrease in West Vancouver to a decrease of 27.7% in the Corporation of Delta. The wide range in changes to municipal tax rates is largely a function of the changes in assessed property values. 2.Assessment and Taxation Changes on Sample Properties We have been tracking the change in assessments and taxation on eight sample properties for several years, and this information is included in this report. In any given year there can be quite a range in the changes to assessed property values and the resulting tax increases experienced by our sample properties. In 2017, for instance, all properties experienced an increase in value. 5.5 Page 2 of 7 3. Municipal Property Taxes and Utilities Levied Against the Average Single Family Dwelling Survey We conducted a survey of the municipal property taxes and utilities assessed against the average single family dwelling. This survey does not account for the different service levels in municipalities; however, the data allows us to see how the municipal property taxes and utilities levied in Maple Ridge compares to others in the region. It is interesting to note that our taxes remain among the lowest in the region, and when the taxes are combined with annual utility rates, Maple Ridge ranks as being sixth lowest among the municipalities surveyed. We also looked at the municipal portion of the property taxes for the average single family dwelling in Maple Ridge to see how it has changed from 2015 and how it compares to others in the region. From 2015 to 2016, the municipal property taxes for the average single family dwelling in Maple Ridge increased 4.0%. In 2017, the total municipal property taxes for the average single family dwelling in Maple Ridge increased to $2,309 or 4.7% from 2016. These property tax increases are different than the Council approved tax increase charged to the Residential Property Class of 3.15% for 2016, and 3.15% for 2017. The rationale for the differences is explained in more detail later in the report. RECOMMENDATION: This report has been provided for information only. No resolution is required. DISCUSSION: For 2017 assessed values, BC Assessment continued with their regular practice of assessing properties (land and buildings) based on market value as of July 1 of the previous year. This means that for 2017, properties are assessed at what their market value would have been on July 1, 2016. In Maple Ridge, in 2017, Residential Class property assessments increased in market value by about 35%, and the municipal tax rate was adjusted to generate the funding required in the Financial Plan. 1. Residential Class Municipal Property Tax Rates Comparison: Figure 1 shows the Residential Property Class municipal tax rates and the percentage changes from 2015. In the surveyed municipalities, from 2016 to 2017, there is a range of changes to the municipal tax rates for the surveyed municipalities; changes range from a 17.3% decrease in West Vancouver to a decrease of 27.7% in the Corporation of Delta. The wide range of changes in municipal tax rates is largely a function of the changes in assessed property values. Maple Ridge’s municipal tax rate decreased 23.6% from 2016. Page 3 of 7 Figure 1: Residential Class 1 Municipal Property Tax Rates Municipality 2015 2016 2017 Rate Change Rate Change Rate West Vancouver 1.69110 -12.7% 1.47580 -17.3% 1.22120 Vancouver 1.77001 -11.8% 1.56168 -19.3% 1.26093 Richmond 2.18723 -6.1% 2.05383 -23.5% 1.57216 Burnaby 2.29380 -12.3% 2.01190 -21.1% 1.58740 North Vancouver District 2.37397 -11.0% 2.11337 -24.0% 1.60657 North Vancouver City 2.51383 -6.8% 2.34364 -22.8% 1.80908 Surrey 2.49070 -2.0% 2.44195 -22.4% 1.89447 Coquitlam 3.14820 -11.1% 2.79790 -22.6% 2.16560 Delta 3.65151 -7.8% 3.36561 -27.7% 2.43234 Langley Township 3.36210 -3.9% 3.23260 -23.2% 2.48400 Port Moody 3.46820 -7.3% 3.21360 -19.8% 2.57740 Port Coquitlam 3.79500 -8.7% 3.46490 -22.6% 2.68280 New Westminster 3.71910 -8.1% 3.41820 -19.8% 2.74150 Pitt Meadows 3.94790 -4.0% 3.78890 -20.1% 3.02850 Maple Ridge 4.47130 -2.1% 4.37610 -23.6% 3.34120 Mission 4.91290 -2.8% 4.77609 -22.2% 3.71810 2. Assessment and Taxation Changes on Sample Properties: Figures 2a and 2b show the percentages changed in assessed property values and taxation for eight sample properties we have been tracking for several years in Maple Ridge. In 2017, there is variability in the changes of assessed values for the sample properties. The sample property in Upper Hammond (Sample #8) experienced an increase in assessed property value of 29.8% while the sample property in Lower Hammond (Sample #7) experienced an increase of 45.7%. Figure 2a: Sample Properties Percentages Changed in Assessed Property Values % Change in Assessed Values Location 2012 2013 2014 2015 2016 2017 1 Silver Valley -4.3% -0.7% -3.2% 1.7% 9.9% 33.8% 2 Albion/Kanaka 0.0% -6.8% -0.6% .2% 9.7% 33.9% 3 Whonnock 2.7% 0.0% 60.0% -2.7% 7.2% 34.9% 4 Central MR 50.0% -3.1% -2.8% 11.1% -5.4% 39.0% 5 Central MR- Strata -5.8% -3.1% 0.0% -3.7% 1.5% 31.8% 6 West MR -2.1% 0.0% 7.0% 2.3% 7.8% 38.9% 7 Lower Hammond 10.0% -9.8% 8.6% 13.1% 11.2% 45.7% 8 Upper Hammond -4.7% 0.0% 2.3% 15.3% 10.7% 29.8% Total -1.8% -2.2% 0.9% 3.9% 7.1% 35.5% Page 4 of 7 As there was variability in the changes in assessed values, there is also a wide range in the changes in taxation experienced by the sample properties for 2017. Taxation for the sample property located in Upper Hammond (Sample #8) decreased 1%, while the sample property in Lower Hammond (Sample #7) increased 11.2%. Figure 2b: Sample Properties Percentages Changed in Municipal Property Taxation % Change in Taxation (General purpose, Fire, Drainage & Parks Levy) Location 2012 2013 2014 2015 2016 2017 1 Silver Valley 0.3% 4.0% 0.9% 1.9% 7.5% 2.1% 2 Albion/Kanaka 4.8% -2.3% 3.5% 0.4% 7.4% 2.2% 3 Whonnock 7.6% 4.9% 4.8% -2.5% 4.8% 2.9% 4 Central MR 5.3% 1.6% 1.3% 11.3% -7.4% 6.0% 5 Central MR- Strata -1.2% 1.6% 4.2% -3.5% -0.6% 0.5% 6 West MR 2.6% 4.8% 11.5% 2.5% 5.5% 6.0% 7 Lower Hammond 4.9% -5.5% 13.1% 13.4% 8.8% 11.2% 8 Upper Hammond -0.1% 4.8% 6.6% 15.5% 8.4% -1.0% Total 3.0% 2.5% 5.1% 4.1% 3.2% 3.4% 3. Municipal Property Taxes and Utilities Levied Against the Average Single Family Dwelling Survey The methodology to calculate the value of an average single family dwelling uses information that comes from BC Assessment. Residential Single Family is one subset of BC Assessment’s Residential Property Class. It is comprised of detached residences or houses. The average single family dwelling value is calculated by taking the value from this subset on BC Assessment’s Revised Roll and dividing that number by the subset’s number of occurrences. From year to year, the average single family dwelling is not the same, but it is a calculated average of this subset of BC Assessment’s Residential Property Class. A difficulty with using this information is that an average single family dwelling in West Vancouver may be physically much different than an average single family dwelling in Maple Ridge, and this has not been taken into account. Additionally, municipalities provide different services at different levels and this has also not been taken into account. Nonetheless, this is a commonly used method and it does serve as one indicator of relative tax burden. The average single family dwelling value in this report differs from the average home value used in the Financial Overview Report provided to Council in December and the Illustrative Residential Property Tax Comparison appendix to the 2017 Property Tax Rates Bylaw Report provided to Council in May. The average home value comparison used in those reports takes the existing average home value and compares it to what that same home would have been assessed at in the previous year, assuming that the value changed by the average market change for the entire Residential Property Class. Page 5 of 7 For the purpose of this report and to ensure we are comparing values that are determined by using the same methodology, we are using average single family dwelling values for all municipalities. This is the same methodology used in our previous comparisons. The data compiled is shown on Figure 3. This table shows the municipal portion of residential property taxes for the average single family dwelling in Maple Ridge and the surveyed municipalities. At $2,309 Maple Ridge is on the lower end of those municipalities surveyed. When municipal taxes are combined with property utilities for a total of $3,315, Maple Ridge is still among the lowest of the surveyed municipalities. Figure 3: Summary of Survey Results – 2017 ‘Average Single Family Dwelling’ Page 6 of 7 In Figure 4, we look at the municipal property taxes for the average single family dwelling from the surveyed municipalities and show how this information has changed from 2015. There is some variability in the percentage change from year to year with the surveyed municipalities. This may be due in part to the calculation of the average single family dwelling. Because the average single family dwelling value is a calculated average of BC Assessment’s Residential Property Class subset, from year to year, the average single family dwelling is not the same average single family dwelling that was used to calculate the municipal property taxes in the previous year. It is for this reason that we must use caution when making a year to year comparison of municipal taxes payable for an average single family dwelling. Figure 4: Average Single Family Dwelling– Total Municipal Property Taxes Municipality 2015 2016 2017 Municipal Taxes Change Municipal Taxes Change Municipal Taxes Langley Township 1,840 4.9% 1,929 4.7% 2,021 Pitt Meadows 1,847 4.6% 1,931 5.7% 2,041 Mission 1,915 3.4% 1,980 5.4% 2,087 Surrey 1,985 6.2% 2,107 7.9% 2,274 Maple Ridge 2,120 4.0% 2,205 4.7% 2,309 Port Coquitlam 2,132 5.7% 2,253 5.1% 2,368 Delta 2,260 8.1% 2,444 1.9% 2,491 Coquitlam 2,329 5.6% 2,460 5.1% 2,587 Burnaby 2,281 7.3% 2,447 6.9% 2,617 Richmond 2,205 8.0% 2,383 10.0% 2,621 North Vancouver City 2,419 10.5% 2,674 3.1% 2,757 North Vancouver District 2,581 4.9% 2,708 4.1% 2,820 New Westminster 2,634 7.6% 2,835 8.1% 3,066 Vancouver 2,685 7.9% 2,896 7.3% 3,108 Port Moody 2,804 7.5% 3,015 8.4% 3,268 West Vancouver 3,901 4.3% 4,071 12.0% 4,561 In 2017, the total municipal property taxes for the average single family dwelling in Maple Ridge increased to $2,309 or 4.7% from 2016. Notably, Maple Ridge has the lowest total change in value over the past two years with an increase of 8.7%. For the surveyed municipalities, 2017 increases ranged from a low of 1.9% in Delta to a high of 12% in West Vancouver It is important to consider that the municipal property taxes for the average single family dwelling in Maple Ridge are not indicative of the entire Residential Property Class in Maple Ridge, but just one segment of this property class. Page 7 of 7 :do When calculating property tax rates, we consider the entire residential class not just the single family dwelling subset. It is Council’s policy when setting the tax rates to adjust for market change. New construction generates additional tax revenue. This is different than simply comparing average assessment values for a single family dwelling which includes market change and new construction and is just one subset of the entire Residential Property Class. This is why the calculated tax increase is 4.7% on the average single family dwelling vs. an average residential class increase of 3.15%. The differences in the percentage change from 2017 between the average single family dwelling and the average home are attributable to the methodology used to determine average single family dwelling and average home values. CONCLUSION: The Finance Department provides Council with a series of reports to assist in their decisions. The purpose of this report is to provide information on the municipal taxes levied against residential properties. There is no one ideal comparison method, and it is for this reason that we have looked at three perspectives for our analysis. We can conclude that the municipal property taxes levied in Maple Ridge are ranked among the lowest of the surveyed municipalities. “original signed by Daniel Olivieri” _______________________________________________ Prepared by: Daniel Olivieri Research Technician “original signed by Paul Gill” _______________________________________________ Approved by: Paul Gill General Manager: Corporate & Financial Services “original signed by E.C. Swabey” _______________________________________________ Concurrence: E.C Swabey Chief Administrative Officer 1 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: June 6, 2017 and Members of Council FROM: Chief Administrative Officer MEETING: Council Workshop SUBJECT: First and Second Reading Maple Ridge Zone Amending Bylaw No. 7339--2017 To regulate Supportive Recovery Homes and other similar care facilities EXECUTIVE SUMMARY: The following report presents Zoning Bylaw amendments to regulate care facilities in the City, including unregulated, unlicensed or unregistered Supportive Recovery Homes and other similar facilities. These bylaw amendments reflect what can be regulated within municipal jurisdiction, recognizing that there are some care facilities that are exempt from zoning and/or are regulated by other levels of government. The draft Zoning Bylaw amendment requires that an operator enter into a Housing Agreement with the City. The Housing agreement articulates the City’s expectations regarding the operation of such centres, and will specify requirements such as the number of residents, exit strategies and maintenance. A template Housing Agreement is attached as information, but doesn’t form part of the amending Bylaw. RECOMMENDATION: That Zone Amending Bylaw No. 7339--2017 be given First and Second Reading and be forwarded to Public Hearing. BACKGROUND: At a regularly scheduled Council Workshop on April 24, 2017, Council passed the following resolution: R/2017-135: that Staff be directed to prepare bylaw amendments and a Housing Agreement template to regulate Supportive Recovery Homes and other similar facilities as identified in Option 1: Creation of Regulations for uses with a maximum of 10 residents in the Policy and Regulations section of the report, entitled “Options for Regulating Supportive Recovery Homes, Transitional Housing, Assisted Living Residences and Community Care Facilities”, dated April 24, 2017. DISCUSSION: Based on Council direction, staff has prepared a Zoning Bylaw amendment to allow up to 10 residents in Single Family zones, subject to compliance with bylaw requirements and the registration of a Housing Agreement and Business Licence. If supported by Council, supportive housing-type uses would fall into two categories: those with 10 or less residents would be permitted in Residential zones, and those with 11 or more residents would be permitted in Institutional zones. The bylaw also includes amendments to require certain Institutional uses to enter into a Housing Agreement. It is noted that licensed Community Care Facilities with up to 6 residents are exempt from zoning and that facilities that are provincially owned and operated are also exempt from these regulations. 5.6 2 Staff has prepared the Zoning Bylaw amendments to regulate care facilities in the City, as well as a template for a Housing Agreement to specifically regulate unregulated, unlicenced or unregistered Supportive Recovery Homes and other similar facilities. These items can be summarized as follows: 1. Amendment to the Definition section of the Zoning Bylaw (Part 2 Interpretation) including:  Amending the definition of Family to specify that the definition does not apply to Assisted Living Residences, Community Care Facilities, Supportive Recovery Homes, and Transitional Housing as follows: o FAMILY: means the persons sharing a household, consisting of: (a) two or more persons related by blood, marriage, adoption, or foster parenthood; or (b) three or fewer unrelated persons and does not include Assisted Living Residences, Community Care Facilities, Supportive Recovery Homes, and Transitional Housing.  Amending the definition of the Elderly Citizens Residential (RE) zone to include Assisted Living Residence as follows: o ELDERLY CITIZENS RESIDENTIAL: means a use specifically providing for the residential accommodation of elderly persons and includes Assisted Living Residences.  New definitions for Assisted Living Residences, Community Care Facilities, Supportive Recovery Homes, and Transitional Housing which are as follows: o ASSISTED LIVING RESIDENCE: means a facility that provides up to 2 prescribed services as defined by the Community Care and Assisted Living Act, to 3 or more persons who are not related by blood or marriage who can live independently but require a supportive environment due to physical and functional health challenges and may also include hospitality services and personal care services. Assisted Living Residences must be registered with the provincial government’s Assisted Living Registrar and are subject to the Community Care and Assisted Living Act. o COMMUNITY CARE FACILITY: means a facility that provides 3 or more prescribed services as defined by the Community Care and Assisted Living Act, to 3 or more persons who are not related by blood or marriage for the purpose of providing care and may also include hospitality services and personal care services. Community Care Facilities must be licensed by the applicable regional health authority and are subject to the Co mmunity Care and Assisted Living Act. It is noted that Section 20 of the Community care and Assisted Living Act exempts those facilities that are licensed as a residence that have no more than six persons in care. o SUPPORTIVE RECOVERY HOME: means a facility that provides a supportive and structured environment including housekeeping services and up to 2 prescribed services for individuals recovering from drug and alcohol addiction. o TRANSITIONAL HOUSING: means a facility that provides housing for persons in transition from short-term emergency housing to permanent housing.  Revised definition for Private Hospital to clarify that include Assisted Living Residences, Supportive Recovery Homes and Transitional Housing are permitted uses as follows: o PRIVATE HOSPITAL: use means a use providing for the care of the sick, injured, or aged other than in a public hospital; includes private hospitals, convalescent homes, nursing homes, hospices, palliative care units, community care facilities, assisted living residences, supportive recovery homes, and transitional housing multi-level care facilities, congregate care facilities and adult daycare centres,. 2. Adding a category to the Residential Matrix Permitted Uses in Part 6, Section 601 allowing Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, and Community Care Facilities* with 10 residents, on all lots 557m2 (RS-1b) or greater, subject to satisfying prescribed criteria; * Licenced Community Care Facilities may have up to 6 residents and are exempt from zoning 3 3. Adding to Part 4 General Regulations, Section 402 regulations for where Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, and Community Care Facilities* with 10 residents are permitted in Residential zones, including criteria of a Housing Agreement, and satisfying the following requirements;  Shall have a maximum of 10 residents including staff;  Shall be contained within the same building as the One Family Residential Use;  Be not less than 250m from other Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, or Community Care Facility, a school both public or private, child care centres and a family daycare;  Shall not be permitted where there is a Secondary Suite, Detached Garden Suite, Boarding Use or Temporary Residential Use on the lot;  Will require proof of notification or approval from the applicable Health Authority or to the appropriate authority if located on a lot which is not serviced by municipal sewer;  Shall not be strata-titled;  Shall not be permitted on property situated within a floodplain;  Shall not be permitted unless permitted by the provisions of section 601 A. of the Zoning Bylaw; and  Shall be permitted on the condition that the operator enters into a Housing Agreement with the Corporation of the City of Maple Ridge under Section 483 of the Local Gov ernment Act, which must be executed and delivered to the Municipality including all appendices prior to the issuance of any building permit for the land in relation to which the use is permitted. 4. The Housing Agreement shall include, but not be limited to:  the maximum number of residents that shall be permitted to reside within the Housing Facility at any one time shall be ten (10) people, including staff if the facility is located in a Residential zone. If the facility is located in an Institutional zone the maximum number of residents that shall be permitted shall be greater than ten (10) people, including staff.  An exit plan for residents who are evicted or who complete the program must be filed with the City. The exit plan shall include a provision for those clients that are evicted, that any funding provided to the Supportive Recovery Home will be held in trust, and the organization will provide a prorated amount at the time of departure to the person evicted or money returned to the individual or organization.  Adhere to municipal noise bylaw standards;  Staffed 24 hours per day;  A current roster of all Operators, residents and staff must be maintained on site and available to the City and/or the City of Maple Ridge RCMP detachment;  No alcohol or illicit drugs are permitted on the premises in those facilities that are providing drug and alcohol treatment and counselling;  Property owner approval of the facility;  Neighbourhood Consultation Meetings; o Neighbourhood meetings are required for each new home; o Notification of neighbours (100m radius mail out within the Urban Area Boundary (UAB), 500m radius mail out outside of the UAB at the Operator’s expense) o Information is to be provided to the City of Maple Ridge  Property and Housing Standards; o Property maintenance and parking standards must be met; o Annual fire inspections shall be performed; o Annual building inspections shall be performed; o Shall have no exterior signage; and 4 The Bylaw also introduces amendments to regulate the care of greater than 10 residents in care in Institutional Zones including: 5. Adding to Part 4 General Regulations, Section 402 Regulations for Permitted Uses of Land, Buildings & Structures, where Assisted Living Residences are permitted in Institutional zones and satisfy the following requirements:  Shall have more than ten residents including staff;  Shall be permitted on the condition that the operator enters into a Housing Agreement with the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act, which must be executed and delivered to the Municipality including all appendices prior to the issuance of any building permit for the land in relation to which the use is permitted  require proof of notification or approval from the applicable Health Authority or to the appropriate authority if located on a lot which is not serviced by municipal sewer;  Shall not be strata-titled; and  Shall not be permitted on property situated within a floodplain 6. Where permitted in either a Residential or Institutional zone, a Community Care Facility will be subject to the following provisions:  A facility containing six or less residents in care, excluding staff, is exempt from zoning;  A facility containing 7 but a maximum of 10 residents including staff is permitted in Residential zones;  A facility containing more than 10 residents is permitted in Institutional zones.  Shall be permitted on the condition that the operator enters into a Housing Agreement with the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act, which must be executed and delivered to the Municipality including all appendices prior to the issuance of any building permit for the land in relation to which the use is permitted  Be licenced as per the Community Care and Assisted Living Act  Shall not be strata-titled; and  Shall not be permitted on property situated within a floodplain. The draft bylaw amendments and housing agreement template provide a regulatory framework that limits the size of some facilities including Supportive Recovery Homes, Transitional Housing and Assisted Living Residences containing a total of 10 residents, including clients and employees in residential zones. Licensed Community Care Facilities with no more than six people in care are exempt from zoning. Assisted Living Residences and licensed Community Care facilities containing greater than ten people in care must be located in an institutional zone†. Together this provides an ability to meet the need for care facilities in the City of Maple Ridge. For clarity, they will also be subject to the City’s Bylaw enforcement if operations are in violation of the City’s various bylaws and the proposed Housing Agreement terms and conditions and can be closed if warranted. It is also noted that the Housing Agreement does not form part of the Zoning Bylaw Amending Bylaw and can be changed in the future. This approach is consistent with neighbouring municipalities to regulate Supportive Recovery Homes, Transitional Housing and Assisted Living Residences. The proposed amending Bylaws and Housing Agreement template have also been reviewed by the City’s legal counsel. A draft Zoning Bylaw amendment Bylaw is attached as Appendix A. A template for the Housing Agreement containing draft terms and conditions language has been provided and is attached as Appendix B. † Assisted Living Uses are also permitted in Elderly Citizens Residential (RE) zones, and some Comprehensive Development (CD) zones. 5 INTERDEPARTMENTAL CONSIDERATIONS: Should Council approve the proposed Zoning Bylaw amendments and the draft Housing Agreement, the Licences, Permits and Bylaws Department will develop an amending bylaw for the Business Licencing and Regulating Bylaw to regulate Supportive Recovery Homes and other similar care facilities to align with the proposed Zoning Bylaw amendments. NEXT STEPS: With regards to those existing, unregulated, unlicensed, unregistered Supportive Recovery Homes, Transitional Housing and Assisted Living Residences, the use is considered a legal non-conforming use and the use may continue. However, the City can require existing facilities to enter into a Housing Agreement as confirmed by the City’s legal counsel. It is noted that for an existing facility, the siting requirements may be non-conforming, but the operating requirements in the Housing Agreement would apply. New care facilities that are applying for a business licence would be required to enter into a Housing Agreement and meet all of the Zoning Bylaw criteria to be in compliance. CONCLUSION: The draft bylaw provides a framework for regulating care facilities with up to 10 residents in residential areas, including the requirement to enter into a Housing Agreement and obtain a business licence. It is believed that the Bylaw will improve the operation of facilities, clarify municipal expectations, and provide City Bylaws’ staff with a mechanism to enforce should facilities not perform at a standard acceptable level of operation. “Original signed by Siobhan Murphy” _______________________________________________ Prepared by: Siobhan Murphy, MCIP, RPP Planner II “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, MPL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by E.C. Swabey” _______________________________________________ Concurrence: E.C. Swabey Chief Administrative Officer Appendix A – Zoning Bylaw Amendment for Supportive Recovery Homes, Transitional Housing, Assisted Living Residences and Community Care Facilities Appendix B – Housing Agreement Template CITY OF MAPLE RIDGE BYLAW NO. 7339-2017 A Bylaw to amend Zoning Bylaw No. 3510 - 1985 as amended ______________________________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7339-2017." 2. That Part 2 INTERPRETATION is amended by inserting the following between “ASSEMBLY USE” and “AUTOMOBILE ACCESSORY”: Assisted Living Residence: means a facility that provides up to 2 prescribed services as defined by the Community Care and Assisted Living Act, to 3 or more persons who are not related by blood or marriage who can live independently but require a supportive environment due to physical and functional health challenges and may also include hospitality services and personal care services. Assisted Living Residences must be registered with the provincial government’s Assisted Living Registrar and are subject to the Community Care and Assisted Living Act. 3. That Part 2 INTERPRETATION is amended by inserting the following between “COMMON ACTIVITY AREA” and “COMMUNITY GAMING FACILITY”: Community Care Facility: means a facility that provides 3 or more prescribed services as defined by the Community Care and Assisted Living Act, to 3 or more persons who are not related by blood or marriage for the purpose of providing care and may also include hospitality services and personal care services. Community Care Facilities must be licensed by the applicable regional health authority and are subject to the Community Care and Assisted Living Act. It is noted that Section 20 of the Community Care and Assisted Living Act exempts from zoning those facilities that are licensed as a residence that have no more than six persons in care. 4. That Part 2 INTERPRETATION is amended by inserting the following between “STRUCTURE” and “TEMPORARY RESIDENTIAL”: Supportive Recovery Home: means a facility that provides a supportive and structured environment including housekeeping services and up to 2 prescribed services for individuals recovering from drug and alcohol addiction. 5. That Part 2 INTERPRETATION is amended by inserting the following between “TOWNHOUSE(S)” and “TWO-FAMILY RESIDENTIAL”: Transitional Housing: means a facility that provides housing for persons in transition from short-term emergency housing to permanent housing. 6.THAT PART 2 INTERPRETATION the definition of “ELDERLY CARE RESIDENTIAL:” is amended by adding the words identified in bold text: ELDERLY CITIZENS RESIDENTIAL: means a use specifically providing for the residential accommodation of elderly persons and includes Assisted Living Residences. APPENDIX A 7. THAT PART 2 INTERPRETATION the definition of “FAMILY” is amended by adding the words identified in bold text: Family: means the persons sharing a household, consisting of: (a) two or more persons related by blood, marriage, adoption, or foster parenthood; or (b) three or fewer unrelated persons and does not include Assisted Living Residences, Community Care Facilities, Supportive Recovery Homes, and Transitional Housing. 8. THAT PART 2 INTERPRETATION the definition of “PRIVATE HOSPITAL” is amended by adding the words identified in bold text: PRIVATE HOSPITAL - means a use providing for the care of the sick, injured, or aged other than in a public hospital; includes private hospitals, convalescent homes, nursing homes, hospices, palliative care units, community care facilities, assisted living residences, supportive recovery homes, transitional housing, multi-level care facilities, congregate care facilities and adult daycare centres. 9. That PART 4 GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS & STRUCTURES is amended by addition the following section: (16) Assisted Living Residences, Community Care Facilities, Supportive Recovery Homes and Transitional Housing i. Where permitted in Residential zones, a Supportive Recovery Home, Transitional Housing, Assisted Living Residence or Community Care Facility with 10 or fewer residents in care is subject to the following provisions: a) Shall have a maximum of 10 residents including staff; b) Shall be contained within the same building as the One Family Residential Use; c) Be not less than 250m from other Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, or Community Care Facilities, a school both public or private, child care centres and a family day care; d) Shall not be permitted where there is a Secondary Suite, Detached Garden Suite, Boarding Use or Temporary Residential Use on the lot; e) Will require proof of notification or approval from the applicable Health Authority or to the appropriate authority if located on a lot which is not serviced by municipal sewer; f) Shall not be strata-titled; g) Shall not be permitted on property situated within a floodplain; h) Shall not be permitted unless permitted by the provisions of section 601 A. of the Zoning Bylaw; and i) Shall be permitted on the condition that the operator enters into a Housing Agreement with the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act, which must be executed and delivered to the Municipality including all appendices prior to the issuance of any building permit for the land in relation to which the use is permitted. ii. Where permitted, an Assisted Living Residence with greater than 10 residents in care is subject to the following provisions: a) Shall be permitted on the condition that the operator enters into a Housing Agreement with the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act, which must be executed and delivered to the Municipality including all appendices prior to the issuance of any building permit for the land in relation to which the use is permitted. b) require proof of notification or approval from the applicable Health Authority or to the appropriate authority if located on a lot which is not serviced by municipal sewer; c) Shall not be strata-titled; and d) Shall not be permitted on property situated within a floodplain iii. Where permitted , a Community Care Facility with greater than 10 residents in care is subject to the following provisions: a) Shall be permitted on the condition that the operator enters into a Housing Agreement with the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act, which must be executed and delivered to the Municipality including all appendices prior to the issuance of any building permit for the land in relation to which the use is permitted b) Be licenced as per the Community Care and Assisted Living Act c) Shall not be strata-titled; and d) Shall not be permitted on property situated within a floodplain. 10. That PART 6 RESIDENTIAL ZONES SECTION 601 A. PERMITTED USES OF LAND, BUILDINGS AND STRUCTURES is amended by inserting the following uses after “Medical Marihuana, Commercial Production” and permitted in the RS-1, RS-1a,RS-1b, RS-1c, RS-1d, RS-2, RS-3: Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, and Community Care Facilities 11. That PART 9 INSTITUTIONAL ZONES SECTION 902 is amended by inserting the following in correct numerical order: 5) Private Hospital Use Pursuant with Section 402 (16) those facilities providing drug and alcohol treatment and counselling to residents shall enter into a Housing Agreement. 12. Maple Ridge Zoning Bylaw No. 3510 – 1985 is amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER HOUSING AGREEMENT No. <> THIS AGREEMENT is dated for reference the _____ day of _________________, 20<>; BETWEEN: CITY OF MAPLE RIDGE 11995 Haney Place Maple Ridge, British Columbia V2X 2A9 (the “City") OF THE FIRST PART AND: <>(Bold and use Uppercase) <> <> <> (the “Operator”) OF THE SECOND PART AND <>(Bold and use Uppercase) <> <> <> (the “Owner”) OF THE THIRD PART WHEREAS: A. The Operator proposes to provide a <Supportive Recovery Home><Transitional Housing><Assisted Living Residence><Community Care Facility>, as defined herein, within the Housing Facility, as defined herein, in accordance with the requirements of this Agreement and the City’s Zoning Bylaw. B. The Operator, the Owner and the City each agree that the Operator and the personal behaviour of residents of the Housing Facility must be regulated and supervised so as to ensure the protection, convenience and safety of other residents of the Housing Facility and of residents and users of all neighbouring properties, streets and public places. APPENDIX B [2] C. The Operator, the Owner and the City have reached agreement as to certain reasonable and necessary measures to be undertaken by the Operator in the management and operation of the Housing Facility and now wish to enter into this Agreement in order to ensure compatibility between the use of the Housing Facility and that of the immediately adjoining neighbourhood. D. The Owner is the registered owner of those Lands defined herein. E. The City adopted Bylaw No. <> pursuant to Section 483 of the Local Government Act authorizing the City to enter into this Housing Agreement with the Owner on the terms and conditions contained herein. F. Covenants and agreements herein made by the Operator in favour of the City and in favour of the Owner constitute a separate and binding agreement and are not part of the Housing Agreement between the Owner and the City. THIS HOUSING AGREEMENT is evidence that in consideration of the mutual promises contained in it, and in consideration of the payment of TEN ($10.00) DOLLARS by each of the Owner and the City from one to the other (the receipt and sufficiency of which is acknowledged by each party), both of whom covenant and agree with each other as follows, both as a Housing Agreement under Section 483 of the Local Government Act and as a contract and a deed under seal between the parties; and the covenants and agreements of the Operator made herein to the City and to the Owner are binding as a contract between them. 1. Interpretation 1.1 In this Agreement the following definitions apply: “Agreement” means this Housing Agreement and all covenants and agreements of the Operator as specified in the Operator’s Agreement with the Owner. “Assisted Living Residence” means a facility that provides up to 2 prescribed services as defined by the Community Care and Assisted Living Act, to 3 or more persons who are not related by blood or marriage who can live independently but require a supportive environment due to physical and functional health challenges and may also include hospitality services and personal care services. Assisted Living Residences must be registered with the provincial government’s Assisted Living Registrar and are subject to the Community Care and Assisted Living Act. “Drug and Alcohol Treatment and Counselling” means a facility that provides treatment of drug addiction, alcoholism and associated disorders. “Drugs” means any controlled substance regulated under the Controlled Substance Act of Canada and includes, without limitation, the non-prescription use of marijuana or other mind altering drugs. “Housing Facility” means the Lands and the improvements located on the Lands wherein the Operator intends to carry out, provide and manage a <Supportive Recovery Home><Transitional Housing><Assisted Living Residence>, under the terms and conditions of this Housing Agreement and the City’s Zoning Bylaw. [3] “Lands” means Parcel Identifier: <> <>; and known municipality as <>(address). “Operator’s Agreement” means a written agreement between the Owner and the Operator, in a form satisfactory to the City, regarding the management and operating procedure of a Housing Facility and the contractual promises imposed on the Owner by the City to cause the Operator to comply with any terms required by the City. “Resident” means a person residing in the Housing Facility. “Resident Contract” means a written agreement between the Operator and each resident of the Housing Facility, in a form satisfactory to the City and in accordance with Section 4 of this Agreement, establishing the conditions of residency. “Supportive Recovery Home” means a facility that provides a supportive and structured environment including housekeeping services and up to 2 prescribed services for individuals recovering from drug and alcohol addiction. “Transitional Housing” means a facility that provides housing for persons in transition from short-term emergency housing to permanent housing. 2. Obligations of the Owner 2.1 The Owner covenants and agrees with the City: (a) that the Lands and the Housing Facility shall only be used in compliance with the terms, conditions, requirements and restrictions of this Agreement; (b) to take all reasonable measures to require the Operator to operate the Housing Facility in compliance with the terms, conditions, requirements and restrictions of this Agreement; (c) that the obligations and responsibilities of the Operator under this Agreement relating to the operation of the Housing Facility also bind the Owner in the operation of the Housing Facility; and (d) that the Owner enter into an Operator’s Agreement with the Operator to use, occupy, provide, and operate the Housing Facility, and the Operating Agreement will contain a binding provision to terminate the Operator’s use, occupancy, provision, and operation of the Housing Facility which the Owner must invoke and enforce upon 60 days written notice given by the by the City to the Owner. 3. Requirements of the Housing Facility 3.1 The Operator covenants and agrees with the Owner, and the Owner covenants with the City, to ensure that: (a) the maximum number of residents that shall be permitted to reside within the Housing Facility at any one time shall be ten (10) people, including staff if the facility is located in a Residential zone. If the facility is located in an Institutional zone the maximum number of residents that shall be permitted shall be greater than ten (10) people, including staff. [4] (b) the composition of the residents of the Housing Facility, by gender and age group, shall be <>male <>female and over <>years of age. (c) the design and construction of the Housing Facility shall implement the Crime Prevention through Environmental Design (CPTED) criteria for residential housing to the satisfaction of the City and, for this purpose, the Operator shall, at the design stage and from time to time thereafter, consult with officials of the City regarding the implementation of such criteria. At a minimum, exterior security lighting and fencing of rear yards is required. (d) the interior and exterior of the Housing Facility are kept well maintained in a neat, tidy and clean condition and comply with the City’s Standard of Maintenance Bylaw. (e) the exterior doors and windows to the Housing Facility are closed and locked when occupants of the residential premises are absent from the Housing Facility. (f) all personal belongings, furniture, goods, materials, supplies or other things are only stored within properly designated storage areas located within the interior of the Housing Facility. For greater certainty, nothing may be stored or allowed to accumulate around the exterior of the Housing Facility. (g) all barbecues and other outdoor activities are carried out in a safe and considerate manner and that the exterior of the Housing Facility is maintained in a neat and tidy condition. Barbecues shall be kept a minimum of 0.6 metres away from any building when in use. (h) the Housing Facility is, at all times, in compliance with the health, life safety and fire protection requirements of the British Columbia Building Code and Fire Code and the City’s Fire Services Bylaw and complete annual inspections. 4. Conditions of Residency 4.1 The Operator covenants and agrees with the Owner, and the Owner covenants with the City, to ensure that: (a) the Operator, prior to permitting occupation of each residential premise within the Housing Facility, ensure that each resident enters into a Resident Contract with the Operator regulating the personal behaviour and responsibilities of the resident while residing at the Housing Facility. The form of Resident Contact must be in a form satisfactory to the City, and, without limiting the generality of the foregoing, shall provide that every resident, as a condition of residency: 1. must be considerate of other residents, employees and staff of the Housing Facility and of neighbouring premises and residents; 2. must respect the prescribed visiting hours restrictions and ensure that visitors are only present on the Housing Facility premises between the hours of 9:00 a.m.10:00 p.m., daily; 3. must ensure that any person invited onto the premises of the Housing Facility by the resident does not engage in any criminal conduct or activity. Proof of [5] such violation will not require criminal conviction but will be determined by a preponderance of evidence; 4. must agree that information relating to any incident of criminal or unlawful conduct which is investigated by the City Maple Ridge RCMP detachment may be disclosed to officials of the City in accordance with the requirements of the Freedom of Information and Protection of Privacy Act; 5. shall ensure that they and any persons invited onto the premises of the Housing Facility by the resident, do not engage in any conduct or behaviour which unreasonably disturbs or harasses other residents of the Housing Facility or persons in the neighbourhood and must maintain quiet between the hours of 10:00 p.m. and 8:00 a.m., daily. b) Notwithstanding the above requirements, the following shall apply to those facilities providing drug and alcohol treatment and counselling: 1. may not possess, hold, store, trade, barter, sell, buy or use any alcohol or Drugs anywhere within or on the premises of the Housing Facility; 2. must agree to voluntarily allow random urinalysis or other drug testing to be carried out by or on behalf of the Operator while residing at the Housing Facility; 3. must acknowledge and agree that if he or she is discovered in the possession of, consuming or under the influence of alcohol or Drugs, either on or off the premises of the Housing Facility, they may be discharged from the Housing Facility; 4. will be subject to specified curfew times having regard to the work schedules of the resident; 5. must not carry out or be involved in any criminal activities, either on or off the Housing Facility premises, while in residence; 6. must be in a work training program, employed, enrolled in school, actively searching for work, or engaged in recovery activities in accordance with a documented recovery program; and 7. must agree to allow a criminal record check to be conducted prior to their acceptance as a resident of the Housing Facility and to additional background reference checks, from time to time during residency, at the discretion of the Operator, the City, and Ridge Meadows RCMP detachment, and such checks must not reveal any evidence of violent offences, sexual offences or outstanding warrants. 5. Obligations of the Operator to Both the Owner and the City 5.1 The Operator covenants and agrees with the Owner, and the Owner covenants with the City, to ensure that: [6] (a) the Operator shall, at all times, be responsible for the proper management and operation of the Housing Facility and shall provide 24 hour, seven (7) day a week supervision of the Housing Facility when occupied by any resident. (b) the Operator and all employees of the Operator engaged to work in the Housing Facility must agree to allow a criminal record check to be conducted and to any additional background reference checks including a vulnerable sector check, at the discretion of the City and Ridge Meadows RCMP detachment, as requested from time to time but no less than every two years. Neither the Operator nor any employee of the Housing Facility shall have a criminal record of violent or sexual offences committed. (c) the Operator is either a non-profit organization or alternatively is a for-profit entity and, in either case, a business licence is required and has been obtained and will be renewed annually. (d) employees of the Operator must staff the premises 24 hours a day. (e) the Operator shall hold a Neighbourhood Consultation Meeting prior to applying for a business licence and at least once a year, or as required by the City or the Owner, providing written public notification of neighbours (100m radius mail out within the Urban Area Boundary (UAB), 500m radius mail out outside of the UAB at the Operator's expense) of the Housing Facility and provides to the City accurate minutes of such meeting. (f) the Owner and the Operator, when requested and at the discretion of the City, shall attend and participate in all neighbourhood meetings scheduled by the City. (g) the Operator shall be responsible for enforcing the conditions of residency contained in each Resident Contract and shall evict and discharge any resident who violates the conditions of residency contained in the Resident Contract, and the Owner must ensure that the Operator does so if the City requires a particular resident or residents to be evicted. (h) no Drugs or alcohol shall be permitted in, on or about the premises of a Housing Facility that provides drug and alcohol treatment and counselling, and must ensure that the Operator imposes a “zero tolerance” policy regarding the possession or use of Drugs or alcohol by residents of the Housing Facility. (i) the Operator shall not allow the display or permit the display of any exterior sign or any interior sign which is visible from outside of the Housing Facility premises. (j) the Operator shall maintain an up-to-date registry, including date of birth, of all residents and employees of the Housing Facility; and shall be available for viewing on demand. In addition, the Operator shall immediately disclose this up-to-date registry to the City and/or City of Maple Ridge Police Department upon request, and provide the Ridge Meadows RCMP detachment and City of Maple Ridge Fire Rescue Service and other emergency services with a current 24 hour, seven (7) day a week emergency contact telephone number. (k) neither this Agreement nor any right hereunder to provide the Housing Facility may be assigned or transferred by the Operator to any other person or party, in whole or in [7] part without 60 days clear written notice to the City and to the Owner, whom may or may not consent to such assignment or transfer. If the Operator gives the required notice and makes such assignment, or transfers, sells or otherwise disposes of the Operator’s company, business or non-profit organization to another party, or ceases to operate the Housing Facility, this Agreement shall immediately terminate, unless the Owner and the City both agree to accept the assignee or transferee on the terms herein. (l) the Operator shall prepare, obtain approval by the City of Maple Ridge Fire Rescue Services and implement a fire safety plan, that in addition to the requirements of the BC Building Code and the Fire Code, includes, at a minimum, requirements that interconnected smoke alarms be installed in all bedrooms and that emergency lighting be installed and will complete annual inspections to confirm. (m) the Operator shall not demand or request a security deposit from any resident of the Housing Facility. (n) the Operator shall submit to the City the exit plan, in a form satisfactory to the City and as requested by the City, for any resident discharged from the Housing Facility. A minimum requirement of the exit plan is that the City and the Ridge Meadows RCMP detachment be notified in writing immediately. The exit plan shall include the provision for those clients that are evicted, that the funding provided by the Province to the Operator will be held in trust, and the Operator shall provide a pro-rated amount to the person evicted at the time of departure of such person. If the funding is provided by an individual to an Operator, those funds will be held in trust and a prorated amount will be given back to the individual at the time of the person’s eviction. In addition, if eviction is warranted, the Operator will ensure the former client is provided with transportation to a confirmed, alternate safe accommodation. (o) the Operator shall provide a minimum of two meals a day to residents. (p) the Operator shall submit to the City written approval on a case by case basis from the Provincial Ministry of Children and Family Development prior to any children, under nineteen (19) years of age, visiting overnight at the Housing Facility, and must be in compliance with the Child, Family and Community Service Act. 6. Termination 6.1 The City may, on 30 days prior written notice to the Owner, terminate this Agreement where: (a) the Operator fails to comply with, satisfactorily perform or meet any of the terms, conditions or requirements of this Housing Agreement and fails to remedy such non- compliance or unsatisfactory performance when and as requested to do so by the City; (b) the Operator, at any time, ceases to provide the Housing Facility, or carries out, permits or causes to be carried out, any detox or other health service requiring Provincial licensing or any short-term emergency housing use or other similar use within the Housing Facility which is not authorized by the City’s Zoning Bylaw; [8] (c) the goods and chattels of the Operator are at any time seized or taken in execution or attachment or the Operator makes an assignment for the benefit of creditors or becomes bankrupt or insolvent or makes a proposal to creditors; or (d) the Owner fails to require the Operator to do or cause to be done anything that the City requires the Owner to compel the Operator to do pursuant to this agreement. 6.2 Any party may terminate this Agreement on 30 days written notice to the other party. 6.3 Upon the expiry or earlier termination of this Agreement, the Housing Facility shall no longer constitute a permitted use under the provisions of the City’s Zoning Bylaw and shall thereupon cease. 6.4 Should the Lands cease being used as a Housing Facility, the City, will execute a registrable discharge of this Agreement or file the appropriate notice in the Land Title Office, upon: (a) receipt of same from the Owner; and (b) confirmation, to the satisfaction of the City that the Lands are no longer being used as a Housing Facility. 7. Indemnity 7.1 The Owner and the Operator, each on their own behalf, releases, indemnifies and saves harmless the City, its elected officials, officers, employees, servants, agents, successors and assigns from and against any and all liabilities, actions, causes of action whether in contract or in tort, claims, damages, expenses, costs, debts, demands, or losses suffered or incurred by the City, at any time, either before or after the expiration or termination of this Agreement by the City, arising or resulting from the performance or non-performance of the terms and conditions of this Agreement by the Operator, its employees, volunteers or agents. 8. Miscellaneous 8.1 Time - Time will be of the essence of this Agreement and will remain of the essence notwithstanding the extension of any of the dates under this Agreement. 8.2 Waiver - No failure or delay on the part of either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as may be limited in this Agreement, any party may, in its sole discretion, exercise any and all rights, powers, remedies and recourses available to it under this Agreement or any other remedy available to it and such rights, powers, remedies and recourses may be exercised concurrently or individually without the necessity of making any election. 8.3 Release - The Owner hereby releases and forever discharges the City, its elected officials, officers, employees, servants and agents, successors and assigns from and against all claims, demands, damages, actions or causes of actions, losses suffered or costs or expenses incurred, by reason of or arising in any way from the existence or enforcement of this Agreement or out of any advice or direction respecting the ownership, lease, operation or [9] management of the Facility which has been or hereafter may be given to the Owner by all or any of them. 8.4 Entire Agreement - This Agreement and the agreements, instruments and other documents entered into under this Agreement set forth the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior agreements and understandings among the parties with respect to the matters herein and there are no oral or written agreements, promises, warranties, terms, conditions, representations or collateral agreements, express or implied, other than those contained in this Agreement. 8.5 No Severability - It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall affect the other provisions of this Agreement and this Agreement shall thereupon terminate. 8.6 Amendment - This Agreement may be altered or amended only by an agreement in writing signed by the parties and by the filing of a notice of amendment in the Land Title Office. 8.7 Further Assurances - Each of the parties shall at all times and from time to time and upon reasonable request do, execute and deliver all further assurances, acts and documents for the purpose of evidencing and giving full force and effect to the covenants, agreements and provisions in this Agreement. [10] 8.8 Notices - Any demand or notice which may be given under this Agreement shall be in writing and delivered or faxed addressed to the parties as follows: The City: City of Maple Ridge 11995 Haney Place Maple Ridge, British Columbia V2X 6A9 Attention: Frank Quinn, General Manager, Public Works and Development Services (or designate) The Operator: <> <> <> <> Attention: <> The Owner: <> <> <> <> Attention: <> or at such other address as any party may specify in writing to the other. The time of giving and receiving any such notice shall be deemed to be on the day of delivery or transmittal. 8.9 This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia. 9. Specific Performance 9.1 The Owner agrees that because of the public interest in ensuring that all of the matters described in this Agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement. [11] 10. Notice of Housing Agreement 10.1 For clarity, the Owner acknowledges and agrees that: (a) this Agreement constitutes a Housing Agreement entered into under section 483 of the Local Government Act; (b) the City is required to file a notice of this Housing Agreement and any amendment of this Housing Agreement in the Land Title Office against title to the Land; and (c) once such a notice is filed, this Agreement binds all persons who acquire an interest in the Land as a Housing Agreement under section 483 of the Local Government Act. (d) wherever in this Agreement the Owner is required by the City by the terms hereof to compel the Operator to perform its contractual promises, the Owner shall ensure that in its agreement with the Operator it may so compel the Operator to act as required by the City and, for clarity it is agreed by the Operator that any such requirement imposed on the Owner by the City to cause the Operator to comply with any term hereof will be binding on the Operator. 11. AUTHORIZING BYLAW ADOPTED BY Maple Ridge City Council on the <> day of <>, 20<>. THE TERMS AND CONDITIONS UPON WHICH THIS HOUSING AGREEMENT IS ISSUED ARE HEREBY ACKNOWLEDGED BY: The OPERATOR, <>(Society or Company Name), by its authorized signatories: _______________________________ Print Name: _______________________________ Print Name: The OWNER, <>(Owner Names or Company Name): _______________________________ <> (use UPPERCASE) _______________________________ <> (use UPPERCASE) THIS HOUSING AGREEMENT IS ISSUED this day of , 20<> [12] CITY OF MAPLE RIDGE ) by its authorized signatories: ) ) ) _______________________________ ) Mayor, Nicole Read ) C/S ) ) _______________________________ ) City Clerk, Laurie Darcus )