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HomeMy WebLinkAbout2010-11-16 Public Hearing Meeting and Reports.pdfDeep Roots Greater Heights District of Maple Ridge PUBLIC HEARING Nov 16. 2010 DISTRICT OF MAPLE RIDGE NOTICE OF PUBLIC HEARING TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, North-East corner entrance, at 7:00 p.m., Tuesday, November 16, 2010 to consider the following bylaw and release: 1) RZ/056/10 MAPLE RIDGE ZONE AMENDING BYLAW NO. 6760-2010 LEGAL: Lot 112 District Lot 398 Group 1 New Westminster District Plan 58284 Lot 113 Except: Part Within Heavy Black Outline on Highway Statutory Right of Way Plan 63822, District Lot 398 Group 1 New Westminster District Plan 58284 Lot 1 Except: Firstly: Parcel "A" (Reference Plan 6978), Secondly: Part Within Heavy Black Outline on Highway Statutory Right of Way Plan 63822, Block 1 District Lot 398 Group 1 New Westminster District Plan 155 LOCATION: 22355 & 22371 River Road PURPOSE: To enter into a Heritage Designation and Revitalization and Tax Agreement Bylaw to conserve a historic site with two buildings historically known as the Bank of Montreal and the Port Haney Post Office / or Billy Miner Pub. This agreement will address two issues 1. The east portion of the site is zoned M-2 (General Industrial) and is used solely for parking, which is not permitted as a principle use; 2. The two proposed uses on the site are of a pub and a new restaurant/bistro and will result in a requirement of 27 parking stalls - the site can only accommodate 19 stalls. 2) Release Building Scheme Restrictive Covenant from McIntyre Court LEGAL: Lots 234 - 266, District Lot 248, Group 1, New Westminster District, Plan 57980 LOCATION: McIntyre Court PURPOSE: To release the restrictive covenant when a building application for external building changes or additions are received for any lot within the McIntyre Court subdivision. AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaw and copies of staff reports and other information considered by Council relevant to the matters contained in the bylaw and release will also be available for public inspection at the Municipal Hall, Planning Department counter, between 8:00 a.m. and 4:00 p.m. from November 4 to November 16, 2010, Saturdays, Sundays and Statutory Holidays excepted. Some of this information will also be posted on the District website www.mapleridge.ca on the Mayor and Council/Agendas and Minutes page. ALL PERSONS who deem themselves affected by any of this bylaw or release shall be afforded a reasonable opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaw and release or by making a written submission to the attention of the Manager of Legislative Services or by sending an e-mail to the Clerk's Department at clerks@mapleridge.ca , by 4:00 p.m., November 16, 2010. All written submissions and e-mails will become part of the public record. Dated this 4th day of November, 2010. Ceri Marlo Manager of Legislative Services DEVELOPMENT APPLICATION CHECKLIST FOR FILE RZ/056/ 10 File Manager: Lisa Zosiak Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1. A completed Application Form ® ❑ (Schedule "A" - Development Procedures Bylaw No. 5879-1999) 2. An application fee, payable to the District of Maple Ridge, in ❑ ❑ accordance with Development Application Fee Bylaw no. 5949-2001. 3. A Certificate of Title and Consent Form if the applicant is different ® ❑ from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) ® ❑ 5. Subdivision plan layout ® ❑ 6. Neighbourhood context plan ❑ 7. Lot grading plan ❑ 8. Landscape plan'+ ❑ 9. Preliminary architectural plans including site plan, ❑ ❑ building elevations, accessory off-street parking and general bylaw compliance reconciliation'-. These items may not be required for single --family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reportsprovided: 1. DISTRICT OF MAPLE RIDGE Agenda Item. 1101 Council Meeting of: October 26, 2010 1. That Bylaw No. 6760-2010 be given first reading and be forwarded to Public Hearing; and further 2. That the following terms and conditions be met prior to final reading: i. Road dedication as required; ii. Consolidation of the site. (RZ/056/10, 22355 and 22371 River Road -to conserve a historic site with two buildings historically known as the Bank of Montreal and the Port Haney Post Office, but today known as the Billy Miner Pub) CARVED DEFEATED DEFERRED "Ernie Daykin" MAYOR A TI NOTICE TO: _ Chief Administrative Officer _ Executive Director Mgr - Strategic Economic Initiatives _ Mgr - Sustainability & Corp Planning Mgr - Communications Gen Mgr - Corporate & Financial RCMP Fire Chief Mgr - Accounting /,t�hief Information Officer _,Pen Mgr - Public Works & Development Dir - Planning Dir- Licenses, Permits & By-laws Municipal Engineer Dir - Engineering Operations Gen Mgr - Com. Dev. & Rec. Services _ Dir - Parks & Facilities _ Dir - Recreation Dir - Community Services Clerk's Section Corporate Officer Property & Risk Manager Lynn Marchand _ Diana Dalton Amanda Allen Tracy Camire _✓ Amanda Gaunt } 23 Karen Kaake The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to you for notation and/or such action as imay be required by your Department. October 26. 2010 Date LIC,L� Corporate Officer -, ;Q_� RIDGEMAPLF DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: October 7, 2010 and Members of Council FILE NO: RZ/056/10 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw 6760-2010 22355 RIVER RD and 22371 RIVER RD - The Billy Miner Pub Site - Historic Bank of Montreal and Port Haney Post Office EXECUTIVE SUMMARY: An application has been received to enter into a Heritage Revitalization Agreement to conserve a historic site with two buildings historically known as the Bank of Montreal and the Port Haney Post Office, but today known as the Billy Miner Pub. The Agreement will vary or supplement the provisions to the Zoning and Off -Street Parking Bylaws in exchange for conservation of the site's heritage value. The applicant has agreed to enter into the Heritage Agreement to address two issues: 1) The east portion of the site is zoned M-2 (General Industrial) and is used solely for parking, which is not permitted as a principle use; 2) The two proposed uses on the site are of a pub and a new restaurant/bistro and will result in a requirement of 27 parking stalls -the site can only accommodate 19 stalls. RECOMMENDATIONS: 1. That Maple Ridge Heritage Designation and Revitalization and Tax Exemption Bylaw No. 6760-2010 be given first reading and be forwarded to Public Hearing; 2. That the following terms and conditions be met prior to final reading. Road dedication as required; ii. Consolidation of the site; DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Existing Use of Property: Proposed Use of Property: Site Area: Servicing: Companion Applications: b) Project Description: KEN BROOKES ALPENHAUS RESTAURANTSLTD Lot: 112, D.L.: 398, Plan: 58284 Lot: 112, D.L.: 398, Plan: 58284 Port Haney Multi -Family, Commercial and Mixed -Use Port Haney Multi -Family, Commercial and Mixed -Use H-1 (Heritage Commercial), C-4 (Neighbourhood Public House Commercial); M-2 (General Industrial) Heritage Revitalization Agreement Bylaw Commercial Commercial 0.127 hectares Urban RZ/065/10 The subject site is well-known within the Maple Ridge community, as it has been the home of the Billy Miner neighbourhood pub (the former Bank of Montreal) since the 1970's. More recently, the second building on the site was a private liquor store (the former Port Haney Post Office). The site was recently acquired by new owners who intend to continue the use of the neighbourhood pub and remove the liquor store use in order to start-up a family restaurant/bistro establishment in the old post office building. New Provincial regulations for liquor store licencing have made it possible for the property owners to transfer the liquor store licence from the subject site to a former gas station site on the corner of 240th and Dewdney Trunk Road. The previous owner of the pub and liquor store had attempted to secure additional parking spaces on the Ministry of Highways site across the lane and northwest of the subject site, but was not successful. A Statement of Significance was recently completed for both of the buildings and is incorporated into the Heritage Agreement bylaw for, reference. The applicants do not plan to do extensive alterations to the Billy Miner Pub (some interior improvements have already taken place) and they plan to alter the interior of the former post office. A list of exterior significant features were identified for both buildings, but only one significant interior feature was found in each. IAA c) Planning Analysis: Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw: The applicant has agreed to address two issues of bylaw non-conformance through the attached Heritage Agreement bylaw. One issue is that the proposed uses for the site require 27 parking stalls, but the site can only accommodate 19 stalls. The other issue is that the portion of land at the east end of the site is zoned M-2 (General Industrial) and used solely for parking, which is not permitted as a principle use in the M-2 zone. The site is currently divided into three separate lots. The applicant has agreed to consolidate the three lots into one, which is a condition of final reading and is necessary for compliance with the Heritage Agreement bylaw (see Appendix B). Statement of Significance For this heritage designation, the property owner was not asked to complete a Conservation & Feasibility Plan and instead was asked to prepare only a Statement of Significance (SoS). Although a Statement of Significance (SoS) involves a fair amount of research into the history and heritage character of the site, it does not contain recommendations from a heritage expert on how to undertake sensitive repairs and restoration work or acceptable changes in terms of creating a new addition or increasing the density on the site. Providing a SoS is an approach that requires less cost to the property owner at the front end and is acceptable in situations where the proposed future site alterations are expected to be minimal, such as in this case. If more complex plans are proposed in the future (for example an addition to one or both of the buildings), a Conservation & Feasibility Plan may be required at that time as part of the Heritage Alteration Permit Process. Tax Exemption Bylaw In exchange for long-term protection of the site's heritage character, a five-year tax exemption is proposed for the site. An exemption of the municipal portion of property taxes for protected heritage properties is permitted under Section 225(2)(b) of the Community Charter. The same tax exemption term is proposed for the Miller Residence Heritage Agreement (five years) and a one-year municipal tax exemption was granted to the former Ruskin School upon adoption of the Municipal Heritage Designation Bylaw. Note that the Heritage Revitalization Agreements for the Miller residence and the Billy Miner Pub site include a detailed process intended to ensure that any alterations made to the respective sites conform to Canadian heritage conservation standards and practices. The municipal portion of property taxes for the subject site for 2010 was $6,897.47. Official Community Plan: The uses proposed for the site are in compliance with the Official Community Plan. 10921 Zoning Bylaw: Section 966 of the Local Government Act establishes that a Heritage Revitalization Agreement may vary or supplement the Zoning Bylaw for use, density, siting, and lot size. The existing zones on the site are proposed to be superseded by the subject Heritage Agreement to provide consistency amongst the three existing zones that currently regulate the site and include setbacks that are suited to the existing site layout and also potential future uses for the site. Parking Bylaw: The Heritage Agreement varies the parking requirements for this site from 27 parking spaces to only a maximum of 19 spaces, which is the number currently provided on the site. There is on -street parking available on River Road in front of the site and approximately an additional seven (7) informal parking spaces on the Ministry of Highways site. It is also worth noting that the laneway has a right-of-way width that measures 10.2 metres and although not fully developed at this time, the width is sufficient to provide on -street parking on one side of the lane. Development Permits: No Development Permit will be required for any alterations proposed for the site, as these will be addressed through the Heritage Alteration Permit process. Advisory Design Panel: Comments from the Advisory Design Panel are not required for a Heritage Alteration Permit. Development Information Meeting: A Development Information Meeting will not be required, as no new development is proposed. d) Interdepartmental Implications: Engineering Department: At the request of the Engineering Department, the property owners have investigated the local drainage system and provided information to the Department on the location of the storm sewer system and how surface drainage from the laneway is collected. Because little has changed with these buildings since their construction in 1911 and 1933, the municipality does not have documents on file identifying their drainage details. The Engineering Department has reported that they are satisfied with this investigation. The Engineering Department is also requiring 2.16 metres of road dedication as a condition of final reading of the subject bylaw. The proposed road dedication is shown on the attached subdivision plan (Appendix B). f� e) Intergovernmental Issues: There are no known intergovernmental issues related with this application. CONCLUSION: The subject site is a very important piece of heritage for Maple Ridge, but particularly for Port Haney. These two buildings are stated in the Statement of Significance as "the last active commercial buildings in the historic core of Port Haney". Aside from the site's early historical significance, the Billy Miner Pub itself is a more recent historic landmark in Maple Ridge, as it is an establishment that is well-known beyond the borders of Maple Ridge. The Billy Miner pub site has proven to be an excellent example of an adaptive heritage use. Its longevity demonstrates how historic buildings continue to speak to past memories, while adjusting to a modern use that will add a layer of new memories for the community. Prepared by: Lisa Zosiak Planner Approved by. Jane Pic ring, MCP, PVICIP Directo of Planning Approved by,' Frank Quinn, MBA, P.E:ng 7 GM: Public Wor & Development Services Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Subdivision Plan - Showing Site Consolidation Appendix C - Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw l&V ■ICl7• �G1 4 31 3 rl n m CV N N AVE. ,n 15 LO 11587 14 11575 station? � N f' S8284 112 �, Re CALLAGHAN AVE. 11630 23 `4 N 131 a 25 A OD O] 04 11617 Rem. a a u1 a 04 24 A lrsra 2 P 155 N N N 22 co a 11612 11580 Rem 129 RP 6588 Rem Rern 11598 RP 6755 n 11 Ili, 8rr 115s6 .v Rem 10 Rem �. 9 Rem 1 Pel.,9/--� A (P rss) fi RP �j 33 RP 53 RP P 35 460S r N L A�q� P 1S6S.4 L 4s5 M S k �8�$ .(n 22355/22371 River Rd o CORPORATION OF THE DISTRICT OF MAPLE . MAPLE RIDGE PLANNING DEPARTMENT DATE: Oct 8, 2010 RZ/056/10 BY: JV 2 B P 86773 4 Subject Properties —� Rem 1 0 CL 0 y CKv N' CN coo Z CL 3 pjN' N i W L LLJ �z O L F— Z-(-5 Q � Y c 3 U C3 U U 00 (~ Z (f) O cl W Qi500 z 2 ? W LAj Z U W On�s W Z U L CL m _c L� Z� i o k Eo ya I 009-9 oa 0 a`O-• OC N LL .�.. p.- vi a g U y „ m cN n U) cz, od c� cn 3 a 0 N o a 'a a EMS faa F-n � I: & I � � - 7 0 ` o o Ot o Oi N O h •a d H 0 aov mp mac � as N � C p G V qua'` C kp0 o�o �a �u •cV Tii� � aom c .9 as cow Cj hp*\ y, C CORPORATION OF THE DISTRICT OF MAPLE RIDGE HERITAGE DESIGNATION AND REVITALIZATION AND TAX EXEMPTION AGREEMENT BYLAW NO.6760-2010 A Bylaw to designate property as heritage property under Section 967 of the Local Government Act and to enter into a Heritage :Revitalization Agreement under Section 966 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter WHEREAS the Council of the District of Maple Ridge considers that the property located at 22355 River Road, Maple Ridge, B.C. has heritage value and that certain portions of and buildings on the property should be designated as protected under section 967 of the Local Government Act; AND WHEREAS the District of Maple Ridge and Alpenhaus Restaurants Ltd. wish to enter into a Heritage Revitalization Agreement for the property; AND WHEREAS the Council of the District of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt a portion of the property from municipal property taxation subject to the terms of an exemption agreement; AND WHEREAS the District of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows: Citation 1.1 This Bylaw may be cited as "Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw 6760-2010". Interpretation 2.1 In this Bylaw, the terms "heritage value", "heritage character" and "alter" have the corresponding meanings given to them in the Local Government Act. Heritage Revitalization and Tax Exemption Agreement 3.1 The District of Maple Ridge enters into a Heritage Revitalization and Tax Exemption Agreement (the "Agreement") with the registered owner of those properties located at 22355 River Road, Maple Ridge and legally described as (a) PID: 005-703-620, Lot 112 District Lot 398 Group 1 New Westminster District Plan 58284; 2 (b) PID: 005-703-701, Lot 113 Except: Part Within Heavy Black Outline on Highway SRW Plan 63822, District Lot 398 Group 1 New Westminster District Plan 58284; and (c) PID: 013-603-001, Lot 1 Except: Firstly: Parcel "A" (Reference Plan 6978), Secondly: Part Within Heavy Black Outline on Highway Statutory Right of Way Plan 63822, Block 1 District Lot 398 Group 1 New Westminster District Plan 155 (together, the "Property"). 3.2 The Mayor and Corporate Officer are authorized on behalf of the District of Maple Ridge Council to sign and seal the Agreement in the form attached as Appendix "1" to this Bylaw. 3.3 Subject to all of the terms and conditions set out in the Agreement, the Property shall be exempt from District property taxation for a term of five (5) years, effective from the date on which the Agreement comes into force. Heritage Designation 4.1 Council hereby designates those portions of the Property containing the buildings described in the Agreement as the "Existing Buildings" as protected heritage property for the purposes of section 967 of the Local Government Act of British Columbia. Exemptions 5.1 The following actions may be undertaken in relation to the Property without first obtaining a heritage alteration permit from the District: (a) non-structural renovations or alterations to the interior of a building or structure that do not affect any protected interior feature or fixture and do not alter the exterior appearance of the building or structure; and (b) non-structural normal repairs and maintenance that do not alter the exterior appearance of a building or structure. 5.2 For the purpose of section 5.1, "normal repairs" means the repair or replacement of elements, components or finishing materials of a building, structure or protected feature or fixture, with elements, components or finishing materials that are equivalent to those being replaced in terms of ;heritage character, material composition, colour, dimensions and quality. READ A FIRST TIME this _ day of 2010. READ A SECOND TIME this day of , 2010. PUBLIC HEARING held this _clay of .2010. READ A THIRD TIME this day of 2010. ADOPTED this day of Presiding Member 2010. Corporate Officer 4 APPENDIX 1 HERITAGE REVITALIZATION AND TAX EXEMPTION AGREEMENT THIS AGREEMENT dated for reference the Vt day of September, 2010 is BETWEEN: ALPENHAUS RESTAURANTS LTD., Incorporation No. BCO230685, 7650 Burris Street, Burnaby, B.C. V5E 1Z3 (the "Owner") THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 (the "District") WHEREAS: A. The Owner is the registered owner in fee simple of those lands and all improvements located at 22355 River Road, Maple Ridge, B.C. legally described as: Parcel Identifier: 005-703-620 Lot 112 District Lot 398 Group 1 New Westminster District Plan 58284 ("Lot 112") and Parcel Identifier: 005-703-701 Lot 113 Except: Part Within, Heavy Black Outline on Highway SRW Plan 63822, District Lot 398 Group 1 New Westminster District Plan 58284 ("Lot 113") and 5 Parcel Identifier: 013-603-001 Lot 1 Except: Firstly: Parcel "A" (Reference Plan 6978), Secondly: Part Within Heavy Black Outline on Highway Statutory Right of Way Plan 63822, Block 1 District Lot 398 Group 1 New Westminster District Plan 155 ("Lot I") (together, Lot 112, Lot 113 and Lot 1 comprise the "Lands"); B. There are two buildings currently situated on the Lands, which are labelled on the sketch map attached as Schedule "A" to this Agreement (the "Existing Buildings"); C. The Owner intends to continue the use of one Existing Building as a pub and to convert the other Existing Building from a retail store to a family restaurant with some outdoor seating; D. The District and the Owner agree that the Existing Buildings have heritage value and should be preserved; E. The Owner intends to apply to the Approving Officer for the District for approval to consolidate the Lands into a single parcel generally in accordance with the proposed subdivision plan attached as Schedule `B" (the "Proposed Subdivision Plan"); F. If the Proposed Subdivision Plan is approved by the Approving Officer for the District, the Existing Buildings will be situated on that parcel labelled Lot 2 on the Proposed Subdivision Plan; G. Section 966 of the Local Government Act authorizes a local government to enter into a Heritage Revitalization Agreement with the owner of a heritage property, and to allow variations of, and supplements to, the provisions of a bylaw or a permit issued under Part 26 or Part 27 of the Local Government Act; H. Section 225 of the Community Charter authorizes a local government to enter into an agreement with the owner of eligible heritage property that is to be exempt from municipal taxation, respecting the extent of the exemption and the conditions on which it is made; and I. The Owner and the District: have agreed to enter in this Heritage Revitalization and Tax Exemption Agreement setting out the terms and conditions by which the heritage value of the Lands and the Existing Buildings are to be preserved and protected, in return for specified supplements and variances to District bylaws and the tax exemption from District property taxation for a specified term; THIS AGREEMENT is evidence that, in consideration of the sum of ten dollars ($10.00) now paid by each party to the other and for other good and valuable consideration (the receipt of which each party hereby acknowledges) the Owner and the District each covenant with the other as follows: G Condition Precedent 1. This Agreement shall be subject to the satisfaction of the following condition precedent on or before the date stipulated: (a) on or before February 1 2011, the Approving Officer for the District has approved a subdivision plan in respect of the Lands generally in the form of the Proposed Subdivision Plan and that plan has been deposited in the Land Title Office and the Lands have been consolidated into a single fee simple parcel. This condition precedent is for the benefit of both the Owner and the District and it cannot be waived. Nothing in this Agreement commits the Approving Officer to approve the Proposed Subdivision Plan. In this Agreement, the defined term "Lands" shall mean the single fee simple parcel into which the Lands are consolidated, unless expressly stated otherwise. The date on which this condition precedent is satisfied is referred to as the "Effective Date". Conservation of Existing Buildings 2. The Owner shall, promptly following the Effective Date and at all times thereafter, do all things necessary to preserve and protect the character defining elements of the Existing Buildings (the "Character Defining Elements"), as identified in the Statements of Significance attached as Schedule "C", in accordance with the Standards & Guidelines for the Conservation of Historic Places in Canada, published by Parks Canada in 2003. 3. The Owner shall not alter the; Character Defining Elements except in accordance with this Agreement. 4. Prior to commencing any work that would alter the Character Defining Elements (the "Work"), the Owner shall obtain from the District all necessary permits and licences, including a heritage alteration permit. 5. The Owner shall perform the Work in accordance with generally accepted engineering and heritage conservation practices, and in accordance with the Standards & Guidelines for the Conservation of Historic Places in Canada. 6. The Owner shall, at the Owner's sole expense, engage a member of the Architectural Institute of British Columbia or the Association of Professional Engineers and Geoscientists of British Columbia (the "Registered Professional") to oversee the Work and to perform the duties set: out in section 7 of this Agreement. 7. The Owner shall cause the Registered Professional to: 7 (a) prior to commencement of the Work, provide to the District an executed and sealed Confirmation of Commitment in the form attached as Schedule "D" to this Agreement; (b) erect on the Lands and keep erected throughout the course of the Work, a sign of sufficient size and 'visibility to effectively notify contractors and tradespersons entering onto the Lands that the Work involves protected heritage property; (c) throughout the course of the Work, effectively oversee the work of all contractors and tradespersons and inspect all materials leaving and arriving at the site to ensure that the Work is carried out in accordance with the Standards & Guidelines for the Conservation of Historic Places in Canada; (d) obtain the District's approval for any changes to the Work, including any amended permits that may be required; (e) upon substantial completion of the Work, provide to the District an executed and sealed Certification of Compliance in the form attached as Schedule "E" to this Agreement; and (f) notify the District within one (1) business day if the Registered Professional's engagement by the Owner is terminated for any reason. Variations to District's Zoning and Parking Bylaws 8. District of Maple Ridge Zoning Bylaw No. 3510, 1985 (the "Zoning Bylaw"), is varied and supplemented in its application to the Lands and the Existing Buildings in the manner and to the extent provided in Schedule "D" to this Agreement. 9. District of Maple Ridge Off -Street Parking and Loading Bylaw No. 4350, 1990 (the "Parking Bylaw"), is varied and supplemented in its application to the Lands and the Existing Buildings in the manner and to the extent provided in Schedule "E" to this Agreement. Heritage Designation 10. The Owner hereby irrevocably agrees to the designation of those portions of the Lands containing the Existing Buildings as municipal heritage sites in accordance with section 967 of the Local Government Act, and releases the District from any obligation to compensate the Owner in any form for any reduction in the market value of the Lands or those portions of the Lands that may result from the designation. Ongoing Maintenance 11. The Owner shall maintain the Existing Buildings and the Lands in good repair in accordance with the maintenance standards set out in Maple Ridge Heritage Site Maintenance Standards Bylaw No. 6710, 2009. Damage to or Destruction of the Existing Buildings 12. If one or more of the Existing Buildings is damaged, the Owner shall obtain a heritage alteration permit and any other necessary permits and licences and, in a timely manner, shall restore and repair the damaged Existing Buildings to the same condition and appearance that existed before the damage occurred. 13. If, in the opinion of the District, an Existing Building is completely destroyed and the Owner wishes to construct: a replacement building on the Lands, such replacement building must be constructed in compliance with the Zoning Bylaw and the Parking Bylaw, in a style that is acceptable to the District and substantially similar to that of the destroyed Existing Building, after having obtained a heritage alteration permit and all other necessary permits and licences. 14. The Owner shall use its best efforts to commence and complete any repairs to the Existing Buildings, or the construction of any replica or replacement buildings, with reasonable dispatch. Tax Exemption Conditions 15. The grant of a five (5) year District property tax exemption to the registered owner of the Lands, as set out in section 3.1 of the Heritage Revitalization Agreement and Tax Exemption Bylaw No. 6760-2010, pursuant to which the District has entered into this Agreement, is subject to the following conditions: (a) all items agreed to within this Agreement must be met; (b) all fees and charges related to the Lands due to the District must be paid in full; and (c) the Owner must not be in contravention of any other District bylaw. 16. If any condition set out in section 11 above is not met to the satisfaction of the District, acting reasonably, then the: Owner must pay to the District the full amount of tax exemptions received, plus interest, immediately upon written demand. Interpretation 17. In this Agreement, "Owner" shall mean the registered owner of the Lands or a subsequent registered owner of the Lands, as the context requires or permits. Conformity with District Bylaws 18. The Owner acknowledges and agrees that, except as expressly varied by this Agreement, any development or use of the Lands, including any construction, restoration and repair of the Existing Buildings, must comply with all applicable bylaws of the District. C Statutory Authority Retained 15. Nothing in this Agreement shall limit, impair, fetter or derogate from the statutory powers of the District, all of which powers may be exercised by the District from time to time and at any time to the fullest extent that the District is enabled. Indemnity 16. The Owner hereby releases, indemnifies and saves the District, its officers, employees, elected officials, agents and assigns harmless from and against any and all actions, causes of action, losses, damages, costs, claims, debts and demands whatsoever by any person, arising out of or in any way due to the existence or effect of any of the restrictions or requirements in this Agreement, or the breach or non-performance by the Owner of any term or provision of this Agreement, or by reason of any work or action of the Owner in performance of its obligations under this Agreement or by reason of any wrongful act or omission, default, or negligence of the Owner. 17. In no case shall the District be liable or responsible in any way for: (a) any personal injury, death or consequential damage of any nature whatsoever, howsoever caused, that be suffered or sustained by the Owner or by any other person who may be on the Lands; or (b) any loss or damage of any nature whatsoever, howsoever caused to the Lands, or any improvements or personal property thereon belonging to the Owner or to any other person, arising directly or indirectly from compliance with the restrictions and requirements in this Agreement, wrongful or negligent failure or omission to comply with the restrictions and requirements in this Agreement or refusal, omission or failure 'of the District to enforce or require compliance by the Owner with the restrictions or requirements in this Agreement or with any other term, condition or provision of this Agreement. No Waiver 18. No restrictions, requirements or other provisions of this Agreement shall be deemed to have been waived by the District unless a written waiver signed by an officer of the District has first been obtained, and without limiting the generality of the foregoing, no condoning, excusing or overlooking by the District on previous occasions of any default, nor any previous written waiver, shall be taken to operate as a waiver by the District of any subsequent default or in any way defeat or affect the rights and remedies of the District. Inspection 19. Without limiting the District's power of inspection conferred by statute and in addition to such powers, the District shall be entitled at all reasonable times and from time to time to enter onto the Lands for the purpose of ensuring that the Owner is fully observing and 10 performing all of the restrictions and requirements in this Agreement to be observed and performed by the Owner. Breach of Agreement 20. Without limiting section 12 or any other provision of this Agreement, in the event that the Owner is in breach of any of its obligations under this Agreement, the Owner agrees that the variations to the Zoning Bylaw, as described in Schedule "D", and the variations to the Parking Bylaw, as described in Schedule "E", shall be of no further effect, and the otherwise applicable provisions of the Zoning Bylaw and the Parking Bylaw respecting the use of the Lands, or the provisions of any replacement bylaws, shall apply. Notice 21. The District may notify the Owner in writing of any alleged breach of this Agreement and the Owner shall have thirty (30) days to remedy the breach. In the event of any disagreement by the Owner as to the existence of a breach, the Owner shall immediately notify the District and the matter shall be determined by a panel comprising: (a) the Owner if the Owner is a natural person, or the president of the Owner if the Owner is a corporation or society, or one of the Owners if the Owners are joint tenants or tenants in common; (b) the Mayor of the District; and (c) a third person selected by the other panel members. 22. The panel shall determine its own procedures to resolve this matter, the determination of the panel shall be binding on the parties, and the Owner and the District shall each bear an equal share of the costs of the third person incurred in the determination of the matter. Headings 23. The headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement or any of its provisions. Schedules 24. All schedules to this Agreement are incorporated into and form part of this Agreement. Number and Gender 25. Whenever the singular or masculine or neuter is used in this Agreement, the same shall be construed to mean the plural or feminine or body corporate where the context so requires. Successors Bound 26. All restrictions, rights and liabilities herein imposed upon or given to the respective 11 parties shall extend to and be binding upon their respective heirs, executors, administrators, successors and assigns. Severability 27. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF the Owner and the District have executed this Agreement on the dates set out below. The Corporate Seal of DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: C/S Mayor: Corporate Officer: Date The Corporate Seal of ALPENHAUS RESTAURANTS LTD. was ]hereunto affixed in the presence of: C/S Authorized Signatory: Authorized Signatory: Date 12 SCHEDULE "A" SKETCH MAI' SHOWING EXISTING BUILDINGS 1�> HEFFELFINGER DESIGNS LTD. t #200B 1180 Kingsway Avenue Port Coquitlam, B.C. V3C 6147 604-944-2188 HERITAGE DESIGNATION * z REVITALIZATION BILLY MINER PUB t BISTRO °°R�°^° A^E°°GE 0_ m m t�4 m z N� d n V• a P� d�(A O a �,n y � sE x 4= 2 �m 0 6 3 vro 5,y1� �7 m r�5 4 a � -� 1'� e �►r��cl �'bd� vi5i�rr�Y1- �ci�cd�� ao�o (�nlCoC 5. 4�v� �Co'-j0�� � o y �� =. -i g n m a s- V� � ip• N n Z �T r am. / F' V � • : � o 7 4 n LO Z, V J� a� (-4a�z a* Cp::o O O0 �poZ V � � � c� o� C��►"1 O V = c T� 223 STREET v Z ~ N cr, —i Tan '" m� z A 6 zc�ZNN3 �=ate O <rC omZ 2 Z �o ci Co �o ~ 41 224 STREET S � Z 9 CID P 1� axe �go�.�ai 4 4 S cn 22355 RIVER ROAD 22371 RIVER ROAD AUGUST 2010 prepared for DISTRICT OF MAPLE RIDGE At prepared by: DONALD LUXTOWA?, DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 STATEMENT OF SIGNIFICANCE: 223SS RIVER ROAD Update of 2003-2004 Statement of Significance prepared by Donald Luxton & Associates DRAFT Donald Luxton & Associates Inc., August 2010 -1- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 STATEMENT OF SIGNIFICANCE: 22355 RIVER ROAD [Prepared 2003-2004; Updated 20101 Name: BILLY MINER PUB Address: 22355 River Road, Maple Ridge, B.C. Historic Name: Bank of Montreal Original Owner: Bank of Montreal Date of Construction: 1911 Architect/Builder: Unknown Description of the Historic Place The Bank of Montreal, now the Billy Miner. Pub, is a two -storey, rectangular -plan wood -frame commercial structure located in the centre of the historic commercial district of Port Haney. Oriented towards the Fraser River and the railway tracks, this building has now been adapted for use as a local pub and restaurant. It is sited adjacent to another historic commercial building, the Port Haney Post Office. Heritage Value of the Historic Place The Bank of Montreal is one of the last active commercial buildings in the historic core of Port Haney and is valued for its associations with the historic precinct. Originally a branch of the Bank of Montreal, it was strategically positioned close to the Fraser River in the commercial core of Port Haney to take advantage of the river boat landing, CPR station and the services in the area including postal and retail outlets. Opened in 1911, it was built for Mary Berry Charlton Storey and was the first bank in the community. The early settlement of Port Haney was centred on the Fraser River, which provided access prior to the development of roads through the area. Over time, significant commercial and residential activity developed and Port Haney became a major historic transportation hub in the region. Decline set in after the Great Depression and a devastating fire that destroyed much of the business centre, causing commercial activity to relocate to the north along the newly -opened Lougheed Highway, a make-work project that connected the Fraser Valley communities by road. With the shift in economic activity the Bank of Montreal eventually relocated, and this structure served a host of functions before being adapted for re -use as a pub. The use as a neighbourhood pub also reflects the change in liquor laws in the 1970s that allowed pubs to locate in neighbourhood settings rather than connected to a hotel function. Prior to this, local pubs had been located in purpose-built roadhouse hotels located along the Lougheed Highway. The architecture of the Bank of Montreal is valued as a very good and rare example of false front, pioneer style commercial and financial buildings. Witness to its role as a bank, the interior retains part of its original vault. Additionally, the second storey served as residential space for the bank manager, as was common practice at the time of construction, and still serves a residential function today. The simple style of the structure indicates its function as a branch bank in an isolated location; in more urban settings banks of the time were constructed in solid masonry in the Classical revival style popular during the Edwardian era. DRAFT Donald Luxton & Associates Inc., August 2010 -2- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 Little remains of the historic downtown streetscape of Port Haney, which increases the value of this building as one of the only intact commercial buildings from the early days of settlement. Port Haney remains as a heritage precinct and a reminder of the origins of the District of Maple Ridge, and this building remains a vital part of the local neighbourhood. Character -Defining Elements of the Historic Place Key elements that define the heritage character of the Bank of Montreal include its: - original siting and orientation to the street, and its proximate relationship to the railway and to an adjacent heritage structure - continuing commercial use - commercial form, scale and massing including its rectangular plan, two -storey height and flat roof - exterior features such as the false front parapet and off-centre door on ground floor with inset entryway and large shop -front windows - double -hung wooden sash windows on the second floor, evidence of the residential function of the upper floor - wood -frame construction including wooden drop siding with cornerboards and dimensional trim - partially intact bank vault Bank of Montreal [Maple Ridge Museum & Archives P000481 DRAFT Donald Luxton & Associates Inc., August 2010 -3- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 RESEARCH SUMMARY SHEET: 22355 RIVER ROAD Name: BILLY MINER PUB Address: 22355 River Road, Maple Ridge, B.C. Historic Name: Bank of Montreal • CONSTRUCTION DATE AND SOURCE: 1911 (CHIB - from Fraser Valley Record Aug. 1911). • ORIGINAL OWNER AND SOURCE: Bank of Montreal - leased from M.B. Charlton (assessments) (7.2) • ARCHITECT AND SOURCE: Uri known • BUILDER AND SOURCE: Unknown • PEOPLE OR EVENTS OF HISTORIC INTEREST ASSOCIATED WITH THE SITE: Fire damage Nov. 1932 (M.R. Assessments). Port Haney's first Bank 1911-1932. Third Bank of Montreal in the province. ASSESSMENT INFORMATION: Lots:1, 2 & 3, Block: 1. Note: Bank of Montreal sits on old lot 3; House to west sits on old lot 2. • 1911: M.B. Charlton. Improvements $1,000. Land $1,200. • 1912: M.B. Charlton. Improvements $1,500. Land $1,500. • 1913: M.B. Charlton. Improvements $1,500. Land $2,000. • ADDITIONAL REFERENCES: o MRM&A, Accession Ws: P4-P6, P252, P394, P1135, P2094, P2097, P2422, P2433, P2488, P 2513, P2746, PC1, PC55. s- t- 17.71 Port Haney, 1960s [Maple Ridge Museum & Archives P02094] DRAFT Donald Luxton & Associates Inc., August 2010 -4- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 The Bank of Montreal after an early fire in Port Haney, circa 1914-18 [Maple Ridge Museum & Archives P003941 DRAFT Donald Luxton & Associates Inc., August 2010 -5- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 STATEMENT OF SIGNIFICANCE: 22355 RIVER ROAD Prepared by Donald Luxton & Associates Inc., 2010 DRAFT Donald Luxton & Associates Inc., August 2010 -6- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 STATEMENT OF SIGNIFICANCE: 22371 RIVER ROAD [Prepared 2003-2004; Updated 2010] Name: PORT HANEY LIQUOR STORE Street Address: 22371 River Road, Maple Ridge, B.C. Legal Address: 22355 River Road, Maple Ridge, B.C. Historic Name: Port Haney Post Office Original Owner: Mrs. M.B. Storey Date of Construction: 1933 Architect/Builder: Unknown Description of the Historic Place The Port Haney Post Office is a modest one and one-half storey, front -gabled wood -frame commercial structure located in the centre of the historic commercial district of Port Haney. Oriented towards the Fraser River and the railway tracks, this building has now been adapted for commercial use. It is sited adjacent to another historic commercial building, the Bank of Montreal, now the Billy Miner Pub. Heritage Value of the Historic Place The Port Haney Post Office is one of the last active commercial buildings in the historic core of Port Haney and is valued for its associations with the historic precinct. Port Haney is a reminder of the early history of the District of Maple Ridge and the development of its original small town centres. The early settlement of Port Haney was centred on the Fraser River, which provided the earliest access before the development of roads through the area. Over time, significant commercial and residential activity developed and Port Haney became a major historic transportation hub in the region. Decline set in after the onset of the Great Depression. In 1931, the completion of the Lougheed Highway— a Depression -era make-work project — signalled a shift in the location of Haney's commercial activity. A devastating fire in 1932 destroyed much of the existing business centre, hastening the shift of businesses up the hill. There was initially some reluctance in relocating the post office, due to its convenient proximity to the railway station; in 1933, this small post office was built across from the station to replace the one that had been destroyed in the fire. Public demand led to the construction of another post office in 1939 in the new town centre area. This early post office therefore remains as a representation of the transitional period that marked the end of the dominance of the railway industry and the emergence of road -based transportation that allowed greater flexibility in land development and heralded new development throughout the Fraser Valley. Following its redundancy as a post office, it served for many years as a single-family residence, until its recent conversion back to commercial use. The Haney Post Office is also valued for its association with an important historic personality, Mary Berry Charlton Storey, who built the post office and acted as Post Mistress. Well known as an ambitious early entrepreneur, she was the wife of Alfred Charlton, a retailer and post office operator in Port Haney. After his death in 1907, she assumed his professional responsibilities, taking on the role of postmaster, harbour master and retailer in addition to raising her children. Additionally, she is important to the history of Port Haney for opening the first bank in the community, cementing Port Haney's prime position in the river -based life of the late nineteenth and early twentieth centuries. She was remarried in 1918 to William Storey, Mr. Charlton's cousin. Mary Berry Charlton Storey, one of Haney's most determined and ambitious businesswomen, is buried between her two husbands in the Maple Ridge Cemetery. DRAFT Donald Luxton & Associates Inc., August 2010 -7- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 The Port Haney Post Office is also significant for its modest scale, indicating the shifting nature of the area's economy. It also demonstrates the late persistence of the influence of the Craftsman style, popular as a domestic style but reflected here in a way that tied the building to an emerging residential context. Little remains of the historic downtown streetscape of Port Haney, which increases the value of this building as one of the only intact commercial buildings from the early days of settlement. Port Haney remains as a heritage precinct and a reminder of the origins of the District of Maple Ridge, and this building remains a vital part of the local neighbourhood. Character -Defining Elements of the Historic Place Key elements that define the heritage character of the Port Haney Post Office include its: - original siting and orientation to the street, and its proximate relationship to the railway and to an adjacent heritage structure - commercial form, scale and massing, including its one and one -half -storey height, front gabled roof with a skirt roof at the front, rectangular floor plan and offset front entry - wood -frame construction including lapped wooden siding with cornerboards - late influence of the Craftsman style including triangular eave brackets at the front and rear, open soffits and exposed rafter tails - internal red -brick chimney with corbelled top - original windows including: wooden -sash window assembly of double casement windows with arched three-part transom to the west of the entry; double -assembly, double -hung wooden -sash windows on the east side; and 4-paned double sliding windows at the rear DRAFT Donald Luxton & Associates Inc., August 2010 -8- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 The Port Haney Post Office during its time as a private residence, 1960s [Maple Ridge Museum & Archives P02094] The Port Haney Post Office during its time as a private residence, 1974 [Maple Ridge Museum & Archives P00408] DRAFT Donald Luxton & Associates Inc., August 2010 -9- DISTRICT OF MAPLE RIDGE STATEMENTS OF SIGNIFICANCE 2010 RESEARCH SUMMARY SHEET: 22355 RIVER ROAD Name: PORT HANEY LIQUOR STORE Street Address: 22371 River Road, Maple Ridge, B.C. Legal Address: 22355 River Road, Maple Ridge, B.C. Historic Name: Port Haney Post Office • CONSTRUCTION DATE AND SOURCE: 1933 (M.R. Assessments). • ORIGINAL OWNER AND SOURCE: Mrs. M.B. Storey (M.R. Assessments). • ARCHITECT AND SOURCE: Unknown • BUILDER AND SOURCE: Unknown • PEOPLE OR EVENTS OF HISTORIC INTEREST ASSOCIATED WITH THE SITE: Haney Post Office 1933 - 1939, until business centre moved up the hill. • ASSESSMENT INFORMATION: Lot: 2, Block: 2 (old legal). • 1931: Mary E. Storey (lots 1-3). Improvements $7,000. Land $2,250. • 1932: Mary E. Storey (lots 1-3). Improvements $7,000. Land $2,250. [Buildings destroyed by fire Nov. 1932 - primarily lots 1 & 2.] • 1933: Mary E. Storey. Improvements $2000. Land $1,900. [Exterior portion of building on lot #3. Lot 3 SK 6978 (Bank of Montreal) did not burn down - only damaged.] • 1934: Mary E. Storey. Improvements $2,500. Land $1,900. • 1935: Mary E. Storey. Improvements $2,500. Land $1,900. ADDITIONAL REFERENCES: o MRM&A, #2094; #2097; #2513; #2746 o "GAZETTE", November 24, 1939. DRAFT Donald Luxton & Associates Inc., August 2010 -10- SCHEDULE D VARIATIONS TO THE MAPLE RIDGE ZONING BYLAW NO.3510-1985 PERMITTED THROUGH HERITAGE DESIGNATION AND REVITALIZATION AGREEMENT BYLAW NO.6760-2010 The variances identified in this Schedule E to the Heritage Designation and Revitalization Agreement Bylaw No. 6760-2010 apply to and only to those lands within the District of Maple Ridge described below and any and all buildings, structures, and other development thereon: PID: 005-703-620 Lot 112, District Lot 398, Group 1, New Westminster District, Plan 58284 and PID: 005-703-701 Lot 113, Except: Part within heavy black outline on Highway SRW Plan 63822, District Lot 398, Group 1, New Westminster District Plan 58284 and PID: 013-603-001 Lot 1, Except: Firstly: Parcel "A" (Reference Plan 6978), Secondly: Part within heavy black outline on Highway SRW Plan 63822, Block 1 District Lot 398, Group 1, New Westminster District Plan 155 The requirements of the C-4 (Neighbourhood Pub), the H-1 (Heritage Commercial), and the M-2 (General Industrial) zones will not apply to this site and they are replaced with the following regulations: 1. Permitted Principal Uses: a. Liquor primary establishment b. Business services c. Professional services d. Restaurant e. Retail sales f. Artist Studio and Gallery g. Bed & Breakfast 2. Accessory Uses: a. boarding use b. residential use c. home occupation use d. off-street parking use e. liquor retail use, including off -sales of cider, beer, and wine SCHEDULE D 3. Lot Area shall not be less than: 1,200 m2 4. Size of Buildings and Structures: No buildings or structures shall exceed two storeys in height. 5. Siting a) No front -yard setback is required; b) A minimum 2.5 m interior side lot line is required; c) A minimum 1.5m side -yard setback on east side of site, except parking is permitted to remain in current location abutting east property line; d) A minimum 4.5m rear -yard setback is required. SCHEDULE E VARIATIONS TO THE MAPLE RIDGE OFF-STREET PARKING & LOADING BYLAW NO.4350-1990 PERMITTED THROUGH HERITAGE DESIGNATION AND REVITALIZATION AGREEMENT BYLAW NO.6760-2010 The variances identified in this Schedule E to the Heritage Designation and Revitalization Agreement Bylaw No. 6760-2010 apply to and only to those lands within the District of Maple Ridge described below and any and all buildings, structures, and other development thereon: PID: 005-703-620 Lot 112, District Lot 398, Group 1, New Westminster District, Plan 58284 and PID: 005-703-701 Lot 113, Except: Part within heavy black outline on Highway SRW Plan 63822, District Lot 398, Group 1, New Westminster District Plan 58284 and PID: 013-603-001 Lot 1, Except: Firstly: Parcel "A" (Reference Plan 6978), Secondly: Part within heavy black outline on Highway SRW Plan 63822, Block 1 District Lot 398, Group 1, New Westminster District Plan 155 The maximum number of off-street parking stalls required for any use on the subject site will be a total of 19 (including 4 small car spaces). Additionally, one loading zone space for the site will be required. In instances where a proposed site use is consistent with those listed in the "Variations to the Maple Ridge Zoning Bylaw" (Schedule "E") and under that use less than 19 spaces are required, as per the Maple Ridge Parking & Loading Bylaw No. 4350-1990, the lesser number of stalls may be applied as the requirement for this site. DISTRICT 0t MAPLE RIDGE Agenda Itet— 1110 Council Meeting of: October 26, 2010 1. That the release of the Building Scheme for McIntyre Court be forwarded to Public Hearing; and 2. That the automatic removal of Restrictive Covenant S16200 from the State of Title of all lots within the McIntyre Court subdivision (Lots 234 - 266, DL 248, Plan 57980) be authorized, when a building permit application for external building changes or additions is received. "Ernie Daykin" CARRIED DEFEATED DEFERRED MAYOR ACTION NOTICE TO: _ Chief Administrative Officer _ Executive Director Mgr - Strategic Economic Initiatives Mgr - Sustainability & Corp Planning Mgr - Communications Gen Mgr - Corporate & Financial _ RCMP _ Fire Chief Mgr - Accounting _ Chief Information Officer n Mgr - Public Works & Development Dir- Planning to Dir- Licenses, Permits & By-laws Municipal Engineer Dir - Engineering Operations Gen Mgr - Com. Dev. & Rec. Services _ Dir- Parks & Facilities _ Dir - Recreation Dir - Community Services Clerk's Section Corporate Officer T Property & Risk Manager T Lynn Marchand �Tana Dalton manda Allen _ /Tracy Camire _✓ Amanda Gaunt Karen Kaake The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to you for notation and/or such action as may be required by your Department. October 26, 2010 Date Corporate Officer I Deep Foois Greater Heights TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer DATE: October 12, 2010 FILE NO: ATTN: C of W Council Resolution To Release Building Scheme Restrictive Covenant from McIntyre Court EXECUTIVE SUMMARY: A three decade old single family building scheme restrictive covenant needs to be removed to permit homeowners of the McIntyre Court subdivision the opportunity to renovate and expand their homes in accordance with the R-1 (Residential District) zoning provisions. Prior to doing so, it is recommended Council hold a Public Hearing to gauge support or opposition to this initiative. This report is intended to update and simplify the process for homeowners of lots in the McIntyre Court subdivision to enable them to obtain building permits for their aging homes within the normal approval process. This will assist homeowners who are seeking to update or otherwise improve their properties. RECOMMENDATIONS: 1) That the release of the Building Scheme for McIntyre Court be forwarded to Public Hearing; and 2) That the automatic removal of Restrictive Covenant S16200 from the State of Title of all lots within the McIntyre Court subdivision ( Lots 234 - 266, DL 248, Plan 57980) be authorized, when a building permit application for external building changes or additions is received. DISCUSSION: a) Background Context: Applicant: District of Maple Ridge Owner: McIntyre Court Legal Description: Lots 234 - 266, DL 248, Plan 57980 OCP: Urban Residential Zoning: R-1 (Residential District) Surrounding Uses North: Use: Neighbourhood Park Zone: RS-1(One Family Urban Residential) South: Use: Dewdney Trunk Road Zone: RS-1(One Family Urban Residential) East: Use: Zone: Single Family Residential R-1 (Residential District) West: Use: Zone: Existing Use of Property: Proposed Use of Property Site Area: Access: b) Background: Low -Rise Apartment IRS-1 (One Family Urban Residential) Single Family Residential Single Family Residential Approx. 1.85 hectares (4.57 acres) Dewdney Trunk Road via McIntyre Court Building permit requests have recently been received by the Building Department to alter several homes in the McIntyre Court subdivision which was developed in 1979. When Council rezoned the site, a condition of approval was the regulation of building design throughout the subdivision. Although not specified by Council, a restrictive covenant was used as the vehicle to regulate form and character of the homes. This was because the homes were all sited with one zero lot line setback and all of the same style and size. By today's standard, these homes are all small relative to the subdivision's R-1 (Residential District) lot sizes of 375 sq. m. to 557 sq. m. The zero lot line construction is non -conforming relative to the R-1 (Residential District) zone, but is referenced in the Section 215 covenant. The non -conformity could be dealt with through a Development Variance Permit application or Board of Variance at building permit stage. c) Project Description: This report is proceeding under a staff initiative to update and simplify the process for homeowners of lots in the McIntyre Court subdivision to enable them to obtain building permits for their aging homes within the normal approval process. This will require the removal of the Sec. 215 restrictive covenant that currently acts as a building scheme. It is recommended a Public Hearing be held to give those in the area an opportunity to voice their opinion regarding this change. d) Planning Analysis: Typically, the District does not regulate the form and character of single family homes unless the lots are small R-3 (Special Amenity Residential District) (lot sizes 213 sq.m.) "intensive" residential development. The existing building scheme covenant is extremely restrictive; controlling the size, shape and materials of the homes. Homeowners cannot make any external alterations or additions to the homes under this regime. In the three decades that have passed since the homes were constructed, improvements, additions and upgrades are now required. The size of the homes are small by today's standard and the designs reflect older designs and construction methods. To assist homeowners who desire a change, it is proposed that Council pass a resolution authorizing staff to remove the building scheme covenant if and when building permits are received for the subdivision. The accompanying access easement on each lot to permit maintenance of the zero lot line building walls must remain in place. Official Community Plan: The area is designated Urban Residential and will not change as a result of this initiative. Zoning Bylaw: The subdivision (Plan 57980) was approved in 1979 for 33 lots zoned R-1 (Residential District). The zoning will not change as a result of this initiative. Development Permit: As the subdivision consists of single family lots zoned R-1 (Residential District), development permit guidelines do not apply. The building scheme covenant was put in place to control the form and character of the resulting homes, some of which have a zero lot line setback along one property line of the lot. Interdepartmental Implications: Building Department: The Building department is in support of this initiative as they currently cannot assist homeowners of this subdivision that desire to make external changes to their homes due to the restrictions of the covenant. As a result, work has occurred in the subdivision without the benefit of building permits or safety inspections. This initiative would allow the Building Department to issue building permits in accordance with the R-1 (Residential District) zone restrictions. CONCLUSION: It is recommended that the building scheme covenant be removed. The most efficient way of doing this would be for the individual homeowner to remove the covenant if and when they seek a Building Permit. This is the same process Council used to remove the redundant building scheme covenant on the Maple Meadows Industrial Park. Therefore, it is recommended that Council authorize the removal of the Sec. 215 restrictive covenant on the 33 lots of the McIntyre Court subdivision when and if building permits are received by homeowners seeking renovations to their individual homes. Charles R. G Manager of Services; Approving Al rd, BA, MA lopment and Environmental fig CIP Approved by.,/Frank Quinn, MBA, P.Eng GM: Public Works & Development Services 74 / �toncurrence: J. L. (Jim) Rule Chief Administrative Officer SUBDIVISION PLAN OF PARCEL tA' (EXPLANATORY PLAN 32233) OF LOTS 6 AND 7, PLAN 16037; AND LOT 3 OF PARCEL'T, PLAN 8536; AND LOT 7 OF LOT 3 OF PARCEL'P; PLAN 16037, (EXCEPT PART INCLUDED IN PARCEL'Ar, EXPLANATORY PLAN 32233) ; AND THE EAST 75 FEET OF LOT 4 OF PARCEL l PLAN 8536; AND LOT 4 OF PARCEL PLAN 8536, (EXCEPT THE EAST 75 FEET OF LOT 4); ALL OF D. L. 248, GP. I, N.W.D. SCALE: 1: 1000 ALL DISTANCES ARE IN METRES D. L 248 Rem 0 Ref wan 4313 ..• sr rr' n.w R� N4V2of2 � f ?3S a236 237 2J9 �l�ean • men n..n _ 3,✓f!� e C E p 121444 N S �r er E e r' 256 F 25S i ai na F... .... - - -- - 252 A 6 "e 'c60 r Plan 07113 ae �rti 31." GP 1 r Plan 21731 v' Plon I 21731 I � �.� p� GLENWOOD he.+, a , I �! 240 241 T I_-- 7 6240 PI xral Z42 �-.1- nre'sse - or* sa = --- _ ' r� alyn _. aaa ._ ROAD 245 °nr 24a F 253. 6 1,jf2. �$ IN Plan 39M DEWDNEY .s' ss oo TRUNK ROA;".- I f H I c e 2 s c a A I Plat 1422 Plan 7055 k.P. 8920 Plan 17075 O Plan rtO75 pm mgm. D L 248 = GP / LEGEND This plan lies within the Dewdney- Wit-Witnessingasindiaded Alouette Regional District. e OAP -Old aluminum post found s OIP-Old iron post found a IP - Iron post set Approved under the land Registry Act this_�edoy 979 - Bearings ore astronomic and are derived from Plan 39970. Approving Officer The Corporation of the District of Ridge 1, J.MC.Woie, of Mission , BC., a BritishMople Columbia Land Surveyor, rake oath and soy That I was present at and did personally superintend the survey represented by this plan and that the survey and plan are correet.The said survey was completed on the i711 day /of 1979. �7l�L! J.M.C.Wade, B.C.L.S. Sworn before me this L 7 r>r day of EST Eit 9, H. 8 M. Developing a Contactors Ltd. A commissioner far the taking of affidavits in � / and for the province of British Columia. . is 'at Bonk of Ca. —main, J.M.C. Wade and Associates � Tnwr v�� B.C. Land Surveyors- `a^" Mission and MaDle Ridge PLAN 5 % 9 8 Q /IEF. /P/05377E Deposited in the lard Registry Office at New Westminster, B.C., this. It r~ day of QGTa BEJ2 197g. i' L Registrar DETAIL NL S. WWII —.I R jd5p 0 a D Poi Char a NIS Owner of ChoraleRemarks L JVVT9 British Cournbio Telephone Conpany The West eet -oFITW- t2l�53 North 5 feet of Lot 3, Plan If.0.i7 '1 L I h2 75 MoMrco rust ampony q. (RD 19389) 9; 37 'IMrwt'(See 99804 C , L 105339, L46790 supplemental (By 41247) RD 19389 and By 41247 1 to 99804 C British Columbia Telephone Company Montreal Trust Coapil � r �rtye.r a � +�Pco British - and Power AuShtrity jV s.crnay -� Montreal Trust CompoiI ICS�S `•�E71w/ A✓7 r •-��d/cdl A." La1 5, PI ease - -- - _- Ea.eurar Aloi Investments Ud . � �„�4­ 1la a.