HomeMy WebLinkAbout2018-07-17 Public Hearing Agenda and Reports.pdf
City of Maple Ridge
PUBLIC
HEARING
July 17, 2018
CITY OF MAPLE RIDGE
PUBLIC HEARING
AGENDA
1) 2017-066-RZ
21241 Wicklund Avenue
Lot 3 District Lot 242 Group 1 New Westminster District Plan 14112
Maple Ridge Zone Amending Bylaw No. 7328-2017
That PART 6, RESIDENTIAL ZONES, SECTION 601, ONE FAMILY AND TWO FAMILY
RESIDENTIAL ZONES, Sub-Section (C) REGULATIONS FOR THE SIZE, SHAPE AND SITING
OF BUILDING AND STRUCTURES, item 4) Buildings and Structures for Two Family
Residential Use in the RT-1 Zone is amended by deleting clause (d) and replacing it with
the following clauses:
“(d) shall not be permitted on a lot less than 750 m².
(e) notwithstanding item (d) above, lots located within the Town Centre, as identified
on Schedule H, which are either a corner lot or provided with lane access, shall
not be permitted on a lot less than 557 m²”.
To Amend Schedule “D” MINIMUM LOT AREA AND DIMENSIONS by deleting the line:
“RT-1 22m 30m 891m2”
Replacing it as follows:
“RT-1 20 m 27m 750 m² See item 7 below”
To Amend Schedule “D” MINIMUM LOT AREA AND DIMENSIONS by inserting a new item7,
after item 6 as follows:
“7. For lots located within the Town Centre, as identified on Schedule H, which are either
a corner lot or provided with lane access, shall not be less than 557 m²”.
PUBLIC HEARING AGENDA
July 17, 2018
7:00 pm
Council Chambers, 1st Floor, City Hall
The purpose of the Public Hearing is to allow all persons who deem themselves affected by any
of these bylaws a reasonable opportunity to be heard before Council on the matters contained
in the bylaws. Persons wishing to speak for or against a bylaw will be given opportunities. You
will be asked to give your name and address. Please note that all written submissions provided
in response to this consultation including names and addresses will become part of the public
record which includes the submissions being made available for public inspection. Further
consideration of bylaws on this agenda will be at the next regular Council meeting.
The meeting is recorded by the City of Maple Ridge.
Maple Ridge Zone Amending Bylaw No. 7322-2017
To rezone from RS-1 (One Family Urban Residential) to RT-1 (Two Family Urban
Residential). The current application is to permit the development of a duplex.
That PART 6, RESIDENTIAL ZONES, SECTION 601, Sub-Section (C) REGULATIONS
FOR THE SIZE, SHAPE AND SITING OF BUILDING AND STRUCTURES, Clause (4)
Buildings and Structures for Two Family Residential Use in the RT-1 Zone is
amended by the addition of the following sub-clause in correct alphabetical order:
Notwithstanding the above, shall not be permitted on a lot less than 742 m²,
for the parcel or tract of land described as Lot 3 District Lot 242 Group 1 New
Westminster District Plan 14112
2) 2015-373-RZ
23616 132 Avenue
Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East Quarter Section 28
Township 12 New Westminster District Plan 2637
Maple Ridge Official Community Plan Amending Bylaw No. 7469-2018
Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, is hereby
amended from Medium/High Density Residential and Conservation to Conservation/Low
Density Urban and Medium/High Density Residential
Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 4 – Trails / Open Space is
hereby To Add To Conservation and To Remove From Conservation
Maple Ridge Zone Amending Bylaw No. 7195-2015
To rezone from RS-2 (One Family Suburban Residential) to RM-1 (Townhouse
Residential) and R-1 (Residential District). The current application is to permit a 16 unit
townhouse project and one lot accommodating an existing single residential dwelling.
3) 2018-122-RZ
12419 Garibaldi Street
Lot 37 District Lot 6881 Group 1 New Westminster District Plan 57415
Maple Ridge Zone Amending Bylaw No. 7451-2018
To rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban
Residential). The current application is to permit a future subdivision of approximately 2
lots.
4) 2018-200-RZ
26378 126 Avenue
Lot 34 Except: Part Subdivided by Plan BCP13892, Section 24 Township 12
New Westminster District Plan LMP19841
Maple Ridge Zone Amending Bylaw No. 7472-2018
PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS &
STRUCTURES, Section 11, Dwelling units for a Detached Garden Suite use, be
amended by adding the following new clause at the end of this Section in the correct
alphabetical or numerical order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
i. At 26378 – 126th Avenue (Lot 34, Except: Part Subdivided by Plan
BCP13892, Section 24, Township 12, New Westminster District, Plan
LMP19841) a Detached Garden Suite with a maximum Gross Floor Area of
140m2 (1500 ft2) and a maximum building height of 7.5 metres from
ground level is permitted.
23525 Dogwood Avenue
Lot “B” Section 28 Township 12 New Westminster District Plan 6734
Maple Ridge Zone Amending Bylaw No. 7473-2018
PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS &
STRUCTURES, Section 11, Dwelling units for a Detached Garden Suite use, be
amended by adding the following new clause at the end of this Section in the correct
alphabetical or numerical order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
ii. At 23525 Dogwood Avenue (Lot “B” Section 28 Township 12 New
Westminster District Plan 6734) a Detached Garden Suite with a maximum
Gross Floor Area of 140m2 (1500 ft2) located in the front yard is permitted.
10861 Morrisette Place
Lot 8 Section 11 Township 12 New Westminster District Plan EPP67241
Maple Ridge Zone Amending Bylaw No. 7475-2018
PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS &
STRUCTURES, Section 11, Dwelling units for a Detached Garden Suite use, be
amended by adding the following new clause at the end of this Section in the correct
alphabetical or numerical order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
iv. At 10861 Morrisette Place (Lot 8 Section 11 Township 12 New
Westminster District Plan EPP67241) a Detached Garden Suite
constructed above a garage with a maximum building height of 6.5 metres
is permitted. A secondary suite within the principal dwelling unit is also
permitted on this property.
CITY OF MAPLE RIDGE
NOTICE OF PUBLIC HEARING
TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the City Hall, 11995
Haney Place, Maple Ridge, North-East corner entrance, at 7:00 pm., Tuesday, July 17, 2018 to
consider the following bylaws:
1) 2017-066-RZ
21241 Wicklund Avenue
Lot 3 District Lot 242 Group 1 New Westminster District Plan 14112
Maple Ridge Zone Amending Bylaw No. 7328-2017
That PART 6, RESIDENTIAL ZONES, SECTION 601, ONE FAMILY AND TWO FAMILY
RESIDENTIAL ZONES, Sub-Section (C) REGULATIONS FOR THE SIZE, SHAPE AND SITING
OF BUILDING AND STRUCTURES, item 4) Buildings and Structures for Two Family
Residential Use in the RT-1 Zone is amended by deleting clause (d) and replacing it with
the following clauses:
“(d) shall not be permitted on a lot less than 750 m².
(e) notwithstanding item (d) above, lots located within the Town Centre, as identified
on Schedule H, which are either a corner lot or provided with lane access, shall
not be permitted on a lot less than 557 m²”.
To Amend Schedule “D” MINIMUM LOT AREA AND DIMENSIONS by deleting the line:
“RT-1 22m 30m 891m2”
Replacing it as follows:
“RT-1 20 m 27m 750 m² See item 7 below”
To Amend Schedule “D” MINIMUM LOT AREA AND DIMENSIONS by inserting a new item7,
after item 6 as follows:
“7. For lots located within the Town Centre, as identified on Schedule H, which are either
a corner lot or provided with lane access, shall not be less than 557 m²”.
Maple Ridge Zone Amending Bylaw No. 7322-2017
To rezone from RS-1 (One Family Urban Residential) to RT-1 (Two Family Urban
Residential). The current application is to permit the development of a duplex.
That PART 6, RESIDENTIAL ZONES, SECTION 601, Sub-Section (C) REGULATIONS
FOR THE SIZE, SHAPE AND SITING OF BUILDING AND STRUCTURES, Clause (4)
Buildings and Structures for Two Family Residential Use in the RT-1 Zone is
amended by the addition of the following sub-clause in correct alphabetical order:
Notwithstanding the above, shall not be permitted on a lot less than 742 m², for
the parcel or tract of land described as Lot 3 District Lot 242 Group 1 New
Westminster District Plan 14112
2) 2015-373-RZ
23616 132 Avenue
Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East Quarter Section 28
Township 12 New Westminster District Plan 2637
Maple Ridge Official Community Plan Amending Bylaw No. 7469-2018
Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, is hereby
amended from Medium/High Density Residential and Conservation to Conservation/Low
Density Urban and Medium/High Density Residential (shown on
Map 976)
Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 4 – Trails / Open Space is
hereby To Add To Conservation and To Remove From Conservation
(shown on Map 977)
Map No. 976 Map No. 977
Maple Ridge Zone Amending Bylaw No. 7195-2015
To rezone from RS-2 (One Family Suburban Residential) to RM-1 (Townhouse
Residential) and R-1 (Residential District). The current application is to
permit a 16 unit townhouse project and one lot accommodating an existing single
residential dwelling.
3) 2018-122-RZ
12419 Garibaldi Street
Lot 37 District Lot 6881 Group 1 New Westminster District Plan 57415
Maple Ridge Zone Amending Bylaw No. 7451-2018
To rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban
Residential). The current application is to permit a future subdivision of approximately 2
lots.
4) 2018-200-RZ
26378 126 Avenue
Lot 34 Except: Part Subdivided by Plan BCP13892, Section 24 Township 12
New Westminster District Plan LMP19841
Maple Ridge Zone Amending Bylaw No. 7472-2018
PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS &
STRUCTURES, Section 11, Dwelling units for a Detached Garden Suite use, be
amended by adding the following new clause at the end of this Section in the correct
alphabetical or numerical order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
i. At 26378 – 126th Avenue (Lot 34, Except: Part Subdivided by Plan
BCP13892, Section 24, Township 12, New Westminster District, Plan
LMP19841) a Detached Garden Suite with a maximum Gross Floor Area of
140m2 (1500 ft2) and a maximum building height of 7.5 metres from
ground level is permitted.
23525 Dogwood Avenue
Lot “B” Section 28 Township 12 New Westminster District Plan 6734
Maple Ridge Zone Amending Bylaw No. 7473-2018
PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS &
STRUCTURES, Section 11, Dwelling units for a Detached Garden Suite use, be
amended by adding the following new clause at the end of this Section in the correct
alphabetical or numerical order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
ii. At 23525 Dogwood Avenue (Lot “B” Section 28 Township 12 New
Westminster District Plan 6734) a Detached Garden Suite with a maximum
Gross Floor Area of 140m2 (1500 ft2) located in the front yard is permitted.
10861 Morrisette Place
Lot 8 Section 11 Township 12 New Westminster District Plan EPP67241
Maple Ridge Zone Amending Bylaw No. 7475-2018
PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS &
STRUCTURES, Section 11, Dwelling units for a Detached Garden Suite use, be
amended by adding the following new clause at the end of this Section in the correct
alphabetical or numerical order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
iv. At 10861 Morrisette Place (Lot 8 Section 11 Township 12 New
Westminster District Plan EPP67241) a Detached Garden Suite
constructed above a garage with a maximum building height of 6.5 metres
is permitted. A secondary suite within the principal dwelling unit is also
permitted on this property.
AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaws and copies of staff reports and other
information considered by Council relevant to the matters contained in the bylaws will also be
available for public inspection at the Planning Department Counter of City Hall, between 8:00 am
and 4:00 pm from July 6, 2018 to July 17, 2018, weekends and Statutory Holidays excepted. The
Public Hearing Agenda with full reports can be viewed on the City website at
www.mapleridge.ca/640 .
ALL PERSONS who deem themselves affected by any of these bylaws shall be afforded a reasonable
opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaws
or by making a written submission to the attention of the Corporate Officer or by sending an email to
the Clerk’s Department at clerks@mapleridge.ca, by 4:00 pm, July 17, 2018. Please note that all
written submissions provided in response to this consultation will become part of the public record
which includes the submissions being made available for public inspection.
Dated this 6th day of July, 2018.
Darrell Denton
Acting Corporate Officer
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2017-066-RZ
File Manager: Adam Rieu
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 City 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 reports provided:
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City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: June 12, 2018
and Members of Council FILE NO: 2017-066-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Second Reading
Zone Amending Bylaw No. 7322-2017; and
Zone Amending Bylaw No. 7328-2017
21241 Wicklund Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property, located at 21241 Wicklund Avenue,
from RS-1 (One Family Urban Residential) to RT-1 (Two Family Urban Residential) to permit
development of a duplex. Council granted first reading to Zone Amending Bylaw No. 7322 -2017 on
April 25, 2017. One of the two duplex units is subject to a $4,100 charge as part of the Community
Amenity Contribution (CAC) Program Policy 6.31, as updated on December 12, 2017.
The City has been undergoing a Zoning Bylaw review and through the process staff have identified
regulation changes to modernize the bylaw. Council noted an interest in advancing certain changes
to the bylaw, rather than waiting for the completion of the new Zoning Bylaw. This proposed
development application represents one such Zoning Bylaw change, as it would provide for duplex
developments on lots that are 750 m² (8,073 ft²) in area, and respond to changing development
styles, affordability and market demand.
Zone Amending Bylaw No. 7328-2017 will amend the RT-1 (Two Family Urban Residential) zone to
reduce the minimum parcel size from 891 m² (9,591 ft²) to 750 m² (8,073 ft²), minimum width from
22 m (72 ft.) to 20 m (66 ft.), and minimum depth from 30 m (98 ft.) to 27 m (89 ft.). These
amendments to the RT-1 (Two Family Urban Residential) zone have also received third reading under
a different application, 2016-109-RZ. In addition to the text amendment to the RT-1 zone an
additional site specific text amendment, Zone Amending Bylaw No. 7322-2017, proposes to reduce
the minimum lot area of the subject property only, further from 750 m² (8,073 ft²) to 742 m² (7,987
m²) to accommodate the 5.8 m (19 ft.) of road dedication required on Wicklund Avenue. This
reduction in minimum lot area is supported in this instance, as there is a substantial amount of road
dedication required.
RECOMMENDATIONS:
1) That Zone Amending Bylaw No. 7322-2017 be given second reading, and be forwarded to Public
Hearing;
2) That Zone Amending Bylaw No. 7328-2017 be given second reading, and be forwarded to Public
Hearing; and
3) That the following terms and conditions be met prior to final reading of Zone Amending Bylaw No.
7322-2017:
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i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of
the deposit of a security, as outlined in the Agreement;
ii) Road dedication on Wicklund Avenue, as required;
iii) Registration of a Restrictive Covenant for the Duplex Design;
iv) Registration of a Restrictive Covenant for Stormwater Management;
v) Removal of the existing building;
vi) In addition to the site profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage tanks on the
subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site; and
vii) That a voluntary contribution, in the amount of $4,100 be provided in keeping with the
Council Policy with regard to Community Amenity Contributions.
DISCUSSION:
1) Background Context:
Applicant: Mayur Mehta
Legal Description: Lot 3 District Lot 242 Group 1 New Westminster District Plan
14112
OCP:
Existing: Urban Residential
Zoning:
Existing: RS-1 (One Family Urban Residential)
Proposed: RT-1 (Two Family Urban Residential)
Surrounding Uses:
North: Use: Single Family Residential
Zone: RS-1 (One Family Urban Residential)
Designation: Urban Residential
South: Use: Church
Zone: P-4 (Place of Worship)
Designation: Institutional
East: Use: Single Family Residential
Zone: RS-1 (One Family Urban Residential)
Designation: Urban Residential
West: Use: Single Family Residential
Zone: RS-1 (One Family Urban Residential)
Designation: Urban Residential
- 3 -
Existing Use of Property: Single Family Residential
Proposed Use of Property: Duplex
Site Area: 860 m² (9,257 ft²)
Access: Wicklund / Lane
Servicing requirement: Urban Standard
2) Project Description:
The subject property, located at 21241 Wicklund Avenue, is 860 m² (9,257 ft²) in area and is bound
by single family lots to the west, north and east, and St. Paul’s Lutheran Church to the south. There
is an existing house on the subject property that will require removal as part of the rezoning
approval. The subject property also has access to a rear lane, where the applicant proposes to
locate the garages (see Appendices A and B).
There is another duplex application, 2016-109-RZ, that has received third reading under Zone
Amending Bylaw No. 7249-2016, which proposes to: reduce the minimum parcel size and
dimensions from 891 m² (9,591 ft²) to 750 m² (8,073 ft²), minimum width from 22 m (72 ft.) to 20
m (66 ft.) and minimum depth from 30 m (98 ft.) to 27 m (89 ft.) for the RT-1 (Two Family Urban
Residential) zone. If the above mentioned bylaw, from application 2016-109-RZ, receives adoption
prior to the subject application, then Zone Amending Bylaw No. 7328-2017 will not be applicable
and can be removed from this application.
In addition to the proposed amendments to the RT-1 (Two Family Urban Residential) zone, the
subject application is proposing an additional site specific text amendment to allow a slightly smaller
minimum lot area for the subject property only, as approximately 5.8 m (19 ft.) of road dedication is
required across the property frontage (see Appendix E). This site specific text amendment would
allow the subject property to reduce its minimum lot area from the proposed 750 m² (8,073 ft²) to
approximately 742 m² (7,987 ft²). The road dedication, combined with lane access, make the text
amendment to reduce the lot area for this property supportable.
3) Planning Analysis:
i) Official Community Plan:
The Official Community Plan (OCP) designates the property Urban Residential, and development of
the property is subject to the Neighbourhood Residential infill policies of the OCP. These policies
require that development be compatible with the surrounding neighbourhood, with particular
attention given to site design setbacks and lot configuration with the existing pattern of development
in the area. The proposed rezoning to RT-1 (Two Family Urban Residential) is in conformance with
the Urban Residential designation and Neighbourhood Residential infill policies.
It is noted that one of the underlying principles in the OCP is to encourage growth within the Urban
Area Boundary (UAB) and to accommodate growth through infill by promoting a mix of housing types
and tenures (Policy 3-1). The Residential Infill and Compatibility Criteria all support a change in the
unit type, and specifically cite that duplex development is both compatible and desirable in the City
(Policy 3-19).
Housing Action Plan:
The Housing Action Plan was endorsed in 2014, and includes a number of goals and principles
aimed at providing safe, affordable and appropriate housing for the community. Specific goals in
support of encouraging duplex housing include: “To improve housing choice for all current and future
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households”. Strategy #1 Housing Action Plan relates to housing mix and innovation and reads
“support the development of a mix of housing forms”. Based on the above, it is clear that reducing
minimum parcel size to the RT-1 (Two Family Urban Residential) zone is in alignment with the goals,
principles, and strategies in the Housing Action Plan, as it will encourage duplex housing in the City.
ii) Zoning Bylaw:
The current application proposes to rezone the subject property from RS-1 (One Family Urban
Residential) to RT-1 (Two Family Urban Residential) to permit a duplex development. The minimum
lot size for the current RS-1 zone is 668m2 (7,191 ft²), and the minimum lot size for the RT-1 zone is
891m2 (9,591 ft²). The minimum parcel dimensions and parcel area for the RT-1 zone are proposed
to be reduced to maximize opportunities for duplex infill in the City. Zone Amending Bylaw No. 7328-
2017 proposes to amend the RT-1 zone requirements to reduce the minimum lot area, lot width and
lot depth (see Appendix D). The proposed amendments to the RT-1 zone already have third reading
under a different application, 2016-109-RZ. The subject application, Zone Amending Bylaw No.7322-
2017, proposes to further reduce the minimum lot area from 750 m² (8,073 ft²) to 742 m² (7,987
ft²) due to the 5.8 m (19 ft.) of road dedication required along Wicklund Avenue (see Appendix C).
It is anticipated that the text amendment to the RT-1 (Two Family Urban Residential) zone (under
Zone Amending Bylaw No. 7249-2016 or 7328-2017) will proceed ahead of the subject application;
therefore, Zone Amending Bylaw No. 7322-2017 (site specific text amendment) will reflect the
proposed changes to the Zoning Bylaw that outlines the change to lot area, lot width and lot depth.
iii) Development Permit :
A Form and Character Development Permit is not required for a duplex development.
iv) Advisory Design Panel:
This application does not need to be reviewed by the Advisory Design Panel, as a Form and
Character Development Permit is not required.
v) Development Information Meeting:
A Development Information Meeting is not required for this application as it is in c ompliance with the
OCP and is less than 5 dwelling units.
4) Interdepartmental Implications:
i) Engineering Department:
A Rezoning Servicing Agreement will be required as a condition of this rezoning application. Cash -in-
lieu payment will be required for street lighting and street trees; as well, service connections for
water and sanitary are to be provided for each duplex unit. Road dedication along Wicklund Avenue,
in the amount of 5.8 m (19 ft.), is required as a condition of rezoning. The rear lane does not require
any further dedication; however, it is required to be paved, in its entirety.
ii) License, Permits and Bylaws Department:
The subject property is located within the Fraser River Escarpment area, where stormwater must be
directed to the Municipal storm sewer, as per Council Policy 6.23. This has been incorporated into
the Stormwater Management Plan.
- 5 -
CONCLUSION:
It is recommended that second reading be given to Zone Amending Bylaw No. 7322-2017, which
includes a site specific text amendment to further reduce the proposed lot area from 750 m² (8,073
ft²) to 742 m² (7,987 ft²). It is recommended that second reading be given for the text amendment
to Zone Amending Bylaw No. 7328-2017, to reduce the minimum parcel size and dimensions from
891 m² (9,591 ft²) to 750 m² (8,073 ft²), minimum width from 22 m (72 ft.) to 20 m (66 ft.) and
minimum depth from 30 m (98 ft.) to 27 m (89 ft.). It is also recommended that application 2017-
066-RZ be forwarded on to Public Hearing. Furthermore, following Public Hearing, it is recommended
that the text amendment to Zone Amending Bylaw No. 7328-2017 advance for third and final
reading. Following Public Hearing, Zone Amending Bylaw No. 7322-2017 would be considered for
third reading, and adoption of this Bylaw would not occur until all of Council’s conditions are
satisfied. It is anticipated that the text amendment to the RT -1 (Two Family Urban Residential) zone
will be implemented before the subject application reaches final reading; therefore, Zone Amendin g
Bylaw No. 7322-2017 reflects the proposed changes.
“Original signed by Adam Rieu”
_______________________________________________
Prepared by: Adam Rieu
Planning Technician
“Original signed by Christine Carter”
_____________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – Zone Amending Bylaw No. 7322-2017
Appendix D – Zone Amending Bylaw No. 7328-2017
Appendix E – Site Plan
Appendix F – Duplex Design
DATE: Mar 3, 20172017-066-RZ BY: JV
PLANNING DEPARTMENT
SUBJECT PROPERTY
´
Scale: 1:1,500
21241 Wicklund AveLegend
Stream
River
Major Rivers & Lakes
CITY OF MAPLE RIDGE
BYLAW NO. 7328-2017
A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510-1985 as amended
____________________________________________________________________________________
WHEREAS, it is deemed expedient to amend the 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. 7328-2017”.
2. Maple Ridge Zoning Bylaw No. 3510-1985 is hereby amended as follows:
That PART 6, RESIDENTIAL ZONES, SECTION 601, ONE FAMILY AND TWO FAMILY
RESIDENTIAL ZONES, Sub-Section (C) REGULATIONS FOR THE SIZE, SHAPE AND SITING OF
BUILDING AND STRUCTURES, item 4) Buildings and Structures for Two Family Residential
Use in the RT-1 Zone is amended by deleting clause (d) and replacing it with the following
clauses:
“(d) shall not be permitted on a lot less than 750 m².
(e) notwithstanding item (d) above, lots located within the Town Centre, as identified
on Schedule H, which are either a corner lot or provided with lane access, shall
not be permitted on a lot less than 557 m²”.
3. To Amend Schedule “D” MINIMUM LOT AREA AND DIMENSIONS by deleting the line:
“RT-1 22m 30m 891m2”
Replacing it as follows:
“RT-1 20 m 27m 750 m² See item 7 below”
4. To Amend Schedule “D” MINIMUM LOT AREA AND DIMENSIONS by inserting a new item 7,
after item 6 as follows:
“7. For lots located within the Town Centre, as identified on Schedule H, which are either a
corner lot or provided with lane access, shall not be less than 557 m²”.
5. Maple Ridge Zoning Bylaw No. 3510-1985 as amended is hereby amended accordingly.
READ a first time the 25th day of April, 2017.
READ a second time the 12th day of June, 2018.
READ a third time the day of , 2017.
ADOPTED the day of , 2017.
PRESIDING MEMBER CORPORATE OFFICER
CITY OF MAPLE RIDGE
BYLAW NO. 7322-2017
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7322-2017."
2. That parcel or tract of land and premises known and described as:
Lot 3 District Lot 242 Group 1 New Westminster District Plan 14112
and outlined in heavy black line on Map No. 1706 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RT-1 (Two Family Urban
Residential).
3. That PART 6, RESIDENTIAL ZONES, SECTION 601, Sub-Section (C) REGULATIONS FOR
THE SIZE, SHAPE AND SITING OF BUILDING AND STRUCTURES, Clause (4) Buildings
and Structures for Two Family Residential Use in the RT-1 Zone is amended by the
addition of the following sub-clause in correct alphabetical order:
Notwithstanding the above, shall not be permitted on a lot less than 742 m²,
for the parcel or tract of land described as Lot 3 District Lot 242 Group 1 New
Westminster District Plan 14112
4. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto
are hereby amended accordingly.
READ a first time the 28th day of November, 2017.
READ a second time the 12th day of June, 2018.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
APPROVED by the Ministry of Transportation and Infrastructure this day of
, 20
ADOPTED, the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
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SCALE 1:2,000
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No.From:
To:
RS-1 (One Family Urban Residential)
RT-1 (Two Family Urban Residential)
7322-20171706
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2015-373-RZ
File Manager: Adrian Kopystynski
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 City 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 reports provided:
Preliminary Geotechnical Report (May 9, 2009)
Arborist Report (May 24, 2016)
Habitat Balance Summary (May 24, 2016)
Environmental Assessment (June 3, 2016)
Tree Evaluation Report (April 26, 2016
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: June 26, 2018
and Members of Council FILE NO: 2015-373-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First and Second Reading
Official Community Plan Amending Bylaw No. 7469-2018
Second Reading
Zone Amending Bylaw No. 7195-2015
23616 132 Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property located at 23616 132 Avenue from
RS-2 (One Family Suburban Residential) to RM-1 (Townhouse Residential) for a 16 unit townhouse
project and to R-1 (Residential District) for one lot to accommodate an existing single residential
dwelling being retained. Council granted first reading to Zone Amending Bylaw No. 7195-2015 and
considered the early consultation requirements for the Official Community Plan (OCP) amendment on
January 13, 2016. The minimum R-1 lot size is 371 m2.
The proposed RM-1 (Townhouse Residential) and R-1 (Residential District) zoning complies with the
policies of the Official Community Plan (OCP). However, an amendment to the OCP is required to
adjust the area designated Conservation around the watercourse / steep slope area to amend the
Conservation boundary for ground-truthing.
Pursuant to Council policy, this application is subject to the Community Amenity Contribution
Program at a rate of $4,100.00 per townhouse dwelling unit (16 units) and $5,100.00 per single
family lot (1 lot), for a total amount of $70,700.
RECOMMENDATIONS:
1) That, in accordance with Section 475 of the Local Government Act, opportunity for early and
on-going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 7469-2018 on the municipal website and requiring that the applicant host a
Development Information Meeting (DIM), and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a Public Hearing on the bylaw;
2) That Official Community Plan Amending Bylaw No. 7469-2018 be considered in conjunction with
the Capital Expenditure Plan and Waste Management Plan;
3) That it be confirmed that Official Community Plan Amending Bylaw No. 7469-2018 is consistent
with the Capital Expenditure Plan and Waste Management Plan;
4) That Official Community Plan Amending Bylaw No. 7469-2018 be given first and second
readings and be forwarded to Public Hearing;
- 2 -
5) That Zone Amending Bylaw No. 7195-2015 be given second reading, and be forwarded to Public
Hearing; and,
6) That the following terms and conditions be met prior to final reading:
i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of
the deposit of a security, as outlined in the Agreement;
ii) Amendment to Official Community Plan Schedule "B" and “C”;
iii) Road dedication on 236 Street and a corner truncation as required;
iv) Park dedication as required, including construction of pedestrian trails;
v) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the
suitability of the subject property for the proposed development;
vi) Registration of a Restrictive Covenant for stormwater management, including maintenance
guidelines;
vii) Registration of a Restrictive Covenant for protecting the Visitor Parking;
viii) Removal of existing building/s;
ix) In addition to the site profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage ta nks on the
subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site; and
x) That a voluntary contribution, in the amount of $70,700 [$4,100.00 per townhouse
dwelling unit (16 units) and $5,100.00 per single family lot (1 lot)] to be provided in
keeping with the Council Policy with regard to Community Amenity Contributions.
DISCUSSION:
1) Background Context:
Applicant: Don Schmidt
Legal Description: Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East
Quarter Section 28 Township 12 NWD Plan 2637
OCP:
Existing: Med/High Density Residential, Conservation
Proposed: Med/High Density Residential, Low Density Urban and
Conservation (new boundaries)
Zoning:
Existing: RS-2 (One Family Suburban Residential)
Proposed: RM-1 (Townhouse Residential) and R-1 (Residential District)
Surrounding Uses:
North: Use: Single Family Residential
- 3 -
Zone: RS-2 (One Family Suburban Residential), RM-1 (Townhouse
Residential)
Designation: Med/High Density Residential, Conservation
South: Use: Single Family Residential
Zone: RS-2 (One Family Suburban Residential)
Designation: Med/High Density Residential, Conservation
East: Use: Single Family Residential
Zone: RS-2 (One Family Suburban Residential)
Designation: Low Density Urban, Med/High Residential, Conservation, Open
Space
West: Use: Upper Maple Ridge Park
Zone: P-1 (Park and School)
Designation: Park
Existing Use of Property: Single Family Residential
Proposed Use of Property: Multi Family Residential, Single Family Residential and
Conservation
Site Area: 0.68 ha (1.68 acres)
Access: 132 Avenue
Servicing requirement: Urban Standard
Accompanying applications:
2) Background:
The subject property, located at 23616 132 Avenue (see Appendices A and B), is
approximately 0.68 ha (1.68 acres) in size and is bound by single family residential lots to the
east and south, Upper Maple Ridge Park and 236 Street to the west and both single family and
multi-family to the north. The north eastern portion of the subject property is higher in
elevation and slopes down towards the southwest. There is an existing single family dwelling
located on the property that will be removed as a condition of final reading. There is also an
existing equestrian trail located on the south side of 132 Avenue in the road right-of-way.
A tributary of Maple Ridge Park Creek is located in the northeast corner and flows south across
the middle of the subject property. The creek will be dedicated as Conservation as a condition
of final reading. There are several trees throughout the property, with the majority being
located around the watercourse and the southwest property boundary.
3) Project Description:
The applicant is proposing a townhouse development consisting of 16 units on the west side of
Maple Ridge Park Creek and one single family residential lot on the east side of Maple Ridge
Park Creek. Each townhouse unit has three (3) bedrooms. Access to both the proposed
townhouse site and the single family lot will be off 132 Avenue.
Due to the location of Maple Ridge Park Creek, the applicant is proposing a panhandle lot for
the single family lot on the eastern portion of the development. The panhandle would be
required to reduce the disruption of the sensitive riparian area around the creek, and would
allow the development to be set further back on the property. Council Policy 6.02 indicates
that panhandle lots are permitted “when the lot would allow a subdivision to overcome a
clearly established topographic difficulty”. In this instance, Maple Ridge Park Creek bisects the
property; therefore, a panhandle lot can be supported. There are no other alternative
- 4 -
opportunities to access the single family lot and there will be no privacy concerns as a result of
the creation of the panhandle lot, as per Council Policy 6.02.
At this time the current application has been assessed to determine its compliance with the
OCP and provide a land use assessment only. Detailed review and comments will need to be
made once full application packages have been received. A more detailed analysis and a
further report will be required prior to second reading. Such assessment may impact proposed
lot boundaries and yields, OCP designations and Bylaw particulars, and may require application
for further development permits.
4) Planning Analysis:
i) Official Community Plan:
The development site is within the Silver Valley Area Plan and is currently designated
Med/High Density Residential and Conservation and is located in the River Village hamlet
boundary. The Med/High Density Residential designation provides for densities in the
range of 30 to 50 units per hectare in both a detached and single family form. The
proposed rezoning to RM-1 (Townhouse Residential) and R-1 (Residential District) complies
with the Med/High Density Residential designation within the Silver Valley Area Plan. The
balance of the property is designated Conservation in the Area Plan. As a result of grou nd
truthing, an amendment to the Conservation boundary is required. The single residential
property would be designed Low Density Urban.
ii) Zoning Bylaw:
The current application proposes to rezone the subject property from RS-2 (One Family
Suburban Residential) to RM-1 (Townhouse Residential) and R-1 (Residential District) to
permit the future development of 16 townhouse units and one single family residential lot.
The minimum lot size for the proposed RM-1 (Townhouse Residential) zone is 557m2
(5,991 ft²) and for the R-1 (Residential District) zone is 371 m² (3,995 ft²).
iii) Off-Street Parking And Loading Bylaw:
The residential parking provided exceeds the minimum parking requirement. A total of 55
residential and three (3) visitor parking spaces, one (1) of which is designed as a disabled
parking space. A total of four (4) visitor parking spaces are required, however, the ample
residential parking justifies a reduction by one space.
A total of nine (9) townhouses contain 2 side-by-side garage parking spaces. Eight (8) of
these townhouses each have two (2) apron parking spaces. The remaining seven (7)
townhouse units each have two (2) tandem garage parking spaces with one (1) apron
parking space. Each of these units utilize the slope along 132 Avenue to allow a portion of
the roof of the forward portion of the sunken tandem garage to be a front porch element for
the front yards of each of these 132 Avenue facing townhouses.
iv) Proposed Variances:
A Development Variance Permit application has been received for this project and involves
the following relaxations (see Appendix D):
- 5 -
The Maple Ridge Zoning Bylaw No. 3510 1985, Section 602 RM-1 Townhouse Residential
District, sub-section 6 Siting clause a) is to be varied as follows:
For the front lot line setback (236 Street), the 7.5 metre requirement for Buildings 1
and 2 is reduced to 5. 5 metres to the face of the building.
For the front lot line setback (236 Street), the 7.5 metre requirement for Building 1 and
2 is reduced to 4.0 metres to the deck edges and structural posts.
For the exterior lot line setback (132 Avenue), the 7.5 metre requirement for Building 1
is reduced to 4.5 metres to the building face and to 3.0 metres to balcony edges and
structural posts.
For the exterior lot line setback (132 Avenue), the 7.5 metre requirement for Buildings
5 and 6 is reduced to 5.5 metres for the lowest level of the building and to 4.5 metres
to porch roof edges and structural posts.
For the interior lot line setback, the 6.0 metre requirement for Buildings 3 and 4 is
reduced to 4.5 metres to the balcony edges and structural posts.
The above requested variances will be the subject of a future Council report.
v) Development Permits:
Pursuant to Section 8.7 of the OCP, a Multi-Family Development Permit application is
required to ensure the current proposal enhances existing neighbourhoods with compatible
housing styles that meet diverse needs, and minimize potential conflicts with neighbouring
land uses.
Pursuant to Section 8.9 and 8.10 of the OCP, a combined Watercourse Protection and
Natural Features Development Permit application is required for all developments and
building permits within 50 metres of the top of bank of all watercourses and wetlands. The
purpose of the Watercourse Protection Development Permit is to ensure the preservation,
protection, restoration and enhancement of watercourse and riparian areas.
Pursuant to Section 8.12 of the OCP, a Wildfire Protection Development Permit application
is required to ensure protection of life and property in designated areas that could be at
risk for wildland fire.
vi) Advisory Design Panel:
The Advisory Design Panel (ADP) reviewed the form and character of the proposed
development and the landscaping plans at a meeting held on May 16, 2018. (see Appendix
E and F)
Following presentations by the project Architect and Landscape Architect, the ADP made
the following resolution that:
Landscape Comments:
1. Utilize different surfacing material for the parking spaces in front of Unit 5;
2. Consider additional CPTED measures given the reduced visibility into the Amenity
space;
3. Consider accommodating terraced seating in the amenity space, preferably combined
with the ramp;
4. Move the planting strip to the East side of the ramp adjacent to Unit 6.
- 6 -
5. Consider different style or material type of picket fence to reflect the modern style of
the building.
Architectural Comments:
1. Consider increasing the width of bathroom windows;
2. Consideration for Hardie reveals with window frames;
3. Consider framing transitions at material changes to articulate the massing;
4. Provide details for mailbox kiosk;
5. Provide building, landscape, and amenity lighting plans;
6. Confirm with the Fire Department that emergency vehicles can turnaround
requirements are satisfied;
7. Indicate location of Fire Department directional signage.
The ADP concerns are being addressed and will be reflected in the development permit
plans. A detailed description of how these items were incorporated into the final design will
be included in a future development permit report to Council.
vii) Development Information Meeting:
A Development Information Meeting was held at Yennadon School on June 6, 2018. One
person, a resident of Pitt Meadows, attended the meeting. There were no matters raised.
5) Interdepartmental Implications:
i) Engineering Department:
Road widening and corner truncation is required. Other requirements would be satisfied
though a Rezoning Serving Agreement.
ii) Parks & Leisure Services Department:
The lands to become a conservation area will be dedicated as parkland. A pedestrian trail
in accordance with Parks, Recreation and Culture Department standards is required.
iii) License, Permits and Bylaws Department:
The building and lot elevation for the single residential lot will need to consider the sewer
elevation to service the lot. Subject to in-depth assessment, a sanitary sewerage pump
system may be acceptable.
iv) Fire Department:
All applicable requirements will be assessed for compliance as part of the building permit
process.
6) School District No. 42 Comments:
Pursuant to Section 476 of the Local Government Act, consultation with School District No. 42
is required at the time of preparing or amending the OCP. A referral was sent to School District
No. 42 and there were no comments in response
7) Intergovernmental Issues:
i) Local Government Act:
An amendment to the OCP requires the local government to consult with any affected
parties and to adopt related bylaws in compliance with the procedures outlined in Section
- 7 -
477 of the Local Government Act. The amendment required for this application is
considered to be minor in nature. It has been determined that no additional consultation
beyond existing procedures is required, including referrals to the Board of the Regional
District, the Council of an adjacent municipality, First Nations, the School District or
agencies of the Federal and Provincial Governments.
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no
impact.
CONCLUSION:
It is recommended that first and second reading be given to OCP Amending Bylaw No. 7469-2018,
that second reading be given to Zone Amending Bylaw No. 7195-2015, and that application 2015-
373-RZ be forwarded to Public Hearing.
“Original signed by Adrian Kopystynski”
_______________________________________________
Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP
Planner
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – OCP Amending Bylaw No. 7469-2018
Appendix D – Zone Amending Bylaw No. 7195-2015
Appendix E – Site Plan and Subdivision Plan
Appendix F – Building Elevation Plans
Appendix G – Landscape Plan
DATE: Dec 2, 2015
2015-373-RZ
BY: JV
PLANNING DEPARTMENT
SUBJECT PROPERTY
132 Ave
´
Scale: 1:2,500
23616 132 Avenue
2011 Image
Legend
Stream
Indefinite Creek
River Centreline
River
Major Rivers & Lakes
DATE: Dec 2, 2015
2015-373-RZ
BY: JV
PLANNING DEPARTMENT
SUBJECT PROPERTY
132 Ave
´
Scale: 1:2,500
23616 132 Avenue
2011 Image
Aerial Imagery from the Spring of 2011
Legend
Stream
Indefinite Creek
River Centreline
River
Major Rivers & Lakes
CITY OF MAPLE RIDGE
BYLAW NO. 7469-2018
A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014
_______________________________________________________________________________
WHEREAS Section 477 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed expedient to amend Schedules A to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. No 7469-2018.
2. Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, is hereby
amended for the parcel or tract of land and premises known and described as::
Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East Quarter Section 28 Township
12 New Westminster District Plan 2637
and outlined in heavy black line on Map No. 976, a copy of which is attached hereto and
forms part of this Bylaw, is hereby designated/amended as shown.
3. Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 4 – Trails / Open Space is
hereby amended for the parcel or tract of land and premises known and described as::
Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East Quarter Section 28 Township
12 New Westminster District Plan 2637
and outlined in heavy black line on Map No. 977, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding/removing Conservation.
4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED, the day of ,2018 .
___________________________________ _____________________________
PRESIDING MEMBER CORPORATE OFFICER
236 ST.236 ST.2361313260
2361613144
13104 236272370213215
13227
237111316023551 2365113165 23675PARK
4
6
8
24
PARK
16
33 35
2
7
Rem 1
39
34
20
A
17
23
PARK
22
P 16555P 2637
P 47603
P 2637P 37422P 2637
(EPS 2081)
P 1105
EPP 32491
EPP 72327
*PP157
P 40978
EP 13725
P 1105
P 16555EPP 32492EPP 53011LMP 38113
132 AVE.132 AVE.
´
SCALE 1:2,000
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:From: To:
To Amend Figure 2 and Figure 3C of the Silver Valley Area PlanMedium/High Density Residential and ConservationConservation Low Density UrbanMedium/High Density Residential
7469-2018976
Urban Area Boundary
Urban Area Boundary
236 ST.236 ST.2361313260
2361613144
13104 236272370213215
13227
237111316023551 2365113165 23675PARK
4
6
8
24
PARK
16
33 35
2
7
Rem 1
39
34
20
A
17
23
PARK
22
P 16555P 2637
P 47603
P 2637P 37422P 2637
(EPS 2081)
P 1105
EPP 32491
EPP 72327
*PP157
P 40978
EP 13725
P 1105
P 16555EPP 32492EPP 53011LMP 38113
132 AVE.132 AVE.
´
SCALE 1:2,000
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:
To Amend Figure 4 of the Silver Valley Area Plan as Shown
7469-2018977
Urban Area Boundary
Urban Area Boundary
To Add To Conservation To Remove From Conservation
CITY OF MAPLE RIDGE
BYLAW NO. 7195-2015
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7195-2015."
2. That parcel or tract of land and premises known and described as:
Lot 1 Except: Parcel “A” (Explanatory Plan 13725), South East Quarter Section 28
Township 12 New Westminster District Plan 2637
and outlined in heavy black line on Map No. 1652 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RM-1 (Townhouse Residential) and
R-1 (Residential District).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 12th day of January, 2016.
READ a second time the 26th day of June, 2018.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
236 ST.236 ST.2361313260
2361613144
13104 236272370213215
13227
237111316023551 2365113165 23675PARK
4
6
8
24
PARK
16
33 35
2
7
Rem 1
39
34
20
A
17
23
PARK
22
P 16555P 2637
P 47603
P 2637P 37422P 2637
(EPS 2081)
P 1105
EPP 32491
EPP 72327
*PP157
P 40978
EP 13725
P 1105
P 16555EPP 32492EPP 53011LMP 38113
132 AVE.132 AVE.
´
SCALE 1:2,000
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-2 (One Family Suburban Residential)
R-1 (Residential District) RM-1 (Townhouse Residential)
7195-20151652
Urban Area Boundary
Urban Area Boundary
RAMP ENTRANCETO PLAY AREASTAIRS BY OTHERSGRAVEL BENEATHDECK, TYP.CONCRETE PAVERS INPARKING STALLS, TYP.GRAVEL SWALE WITH LOGSAND BOULDERS AT BASE OFSLOPE WITH NATIVE PLANTING42" FENCE AND GATE42" FENCE AND GATE53.4351.9648.2048.150.8152.0452.72BW 51.52 +TW 52.72 +BW 49.20 +TW 50.40BW 49.85 +TW 50.40MEET GRADE +47.047.54BW 52.05 +TW 52.72+ MEET GRADE+48.87BW 47.80 +TW 49.00BW 47.80 +TW 49.0049.6751.6349.12LAWNLAWNLAWN LAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNLAWNBENCHCHAIRS &TABLESPRINGER &STILTS ON PLAY TILESROBINIA ANTPAVERPLAZABOULDERSSECTION 1SECTION 2TRELLISCHK'D:16146-5.ZIPDRAWN:DESIGN:SCALE:DATE:PMG PROJECT NUMBER:16-146OF 4DRAWING TITLE:MAPLE RIDGE, BCRESIDENTIAL DEV.PROJECT:DRAWING NUMBER:REVISION DESCRIPTIONNO. DATE DR.236TH STREET & 132ND AVENUESEAL: Copyright reserved. This drawing and design is theproperty of PMG Landscape Architects and may not bereproduced or used for other projects without theirpermission.cCLIENT:Burnaby, British Columbia, V5C 6G9p: 604 294-0011 ; f: 604 294-0022Suite C100 - 4185 Still Creek Drive1 16.OCT.14 REVISE STAIRS/WALLS PER COMMENTS DO2 17.NOV.30 REVISE PER NEW SITE PLAN RK3 17.DEC.15 REVISE PER NEW SITE PLAN/COMMENTS RKLANDSCAPEPLANL116.JUL.191/16"=1'-0"DOMCY
RAMP ENTRANCETO PLAY AREAGRAVEL SWALE WITH LOGSAND BOULDERS AT BASE OFSLOPE WITH NATIVE PLANTINGLAWNLAWNBENCHCHAIRS &TABLESPRINGER &STILTS ON PLAY TILESROBINIA ANTPAVERPLAZABOULDERSSECTION 1SECTION 2TRELLISPLANTED SIZE / REMARKSCOMMON NAMEBOTANICAL NAMETREE SCHEDULEKEY QTY6 ABIES FRASERI FRASER FIR 1.75M HT; B&B4 ACER RUBRUM 'BOWHALL' RED MAPLE 6CM CAL; 2M STD; B&B14 ACER RUBRUM 'OCTOBER GLORY' OCTOBER GLORY MAPLE 6CM CAL; 1.5M STD; B&B3 CERCIDIPHYLLUM JAPONICUM KATSURA TREE 6CM CAL; 1.8M STD; B&B6 MAGNOLIA KOBUS 'STELLATA' STAR MAGNOLIA 5CM CAL4 PICEA OMORIKA SERBIAN SPRUCE 2.5M HT.; B+B8 PICEA PUNGENS COLORADO SPRUCE 3.5M HT.; B+B5 STYRAX JAPONICUS JAPANESE SNOWBELL 5CM CAL; 1.8M STD; B&BNOTES: * PLANT SIZES IN THIS LIST ARE SPECIFIED ACCORDING TO THE CANADIAN LANDSCAPE STANDARD, LATEST EDITION. CONTAINER SIZES SPECIFIEDAS PER CNLA STANDARDS. BOTH PLANT SIZE AND CONTAINER SIZE ARE THE MINIMUM ACCEPTABLE SIZES. * REFER TO SPECIFICATIONS FOR DEFINEDCONTAINER MEASUREMENTS AND OTHER PLANT MATERIAL REQUIREMENTS. * SEARCH AND REVIEW: MAKE PLANT MATERIAL AVAILABLE FOR OPTIONALREVIEW BY LANDSCAPE ARCHITECT AT SOURCE OF SUPPLY. AREA OF SEARCH TO INCLUDE LOWER MAINLAND AND FRASER VALLEY. * SUBSTITUTIONS:OBTAIN WRITTEN APPROVAL FROM THE LANDSCAPE ARCHITECT PRIOR TO MAKING ANY SUBSTITUTIONS TO THE SPECIFIED MATERIAL. UNAPPROVEDSUBSTITUTIONS WILL BE REJECTED. ALLOW A MINIMUM OF FIVE DAYS PRIOR TO DELIVERY FOR REQUEST TO SUBSTITUTE. SUBSTITUTIONS ARE SUBJECT TOCANADIAN LANDSCAPE STANDARD - DEFINITION OF CONDITIONS OF AVAILABILITY. ALL LANDSCAPE MATERIAL AND WORKMANSHIP MUST MEET OR EXCEEDCANADIAN LANDSCAPE STANDARD'S LATEST EDITION. ALL PLANT MATERIAL MUST BE PROVIDED FROM CERTIFIED DISEASE FREE NURSERYPMG PROJECT NUMBER: 16-146PLANTED SIZE / REMARKSCOMMON NAMEBOTANICAL NAMEPLANT SCHEDULEKEYABIES FRASERI FRASER FIR 1.75M HT; B&BACER RUBRUM 'BOWHALL' RED MAPLE 6CM CAL; 2M STD; B&BACER RUBRUM 'OCTOBER GLORY' OCTOBER GLORY MAPLE 6CM CAL; 1.5M STD; B&BCERCIDIPHYLLUM JAPONICUM KATSURA TREE 6CM CAL; 1.8M STD; B&BMAGNOLIA KOBUS 'STELLATA' STAR MAGNOLIA 5CM CALPICEA OMORIKA SERBIAN SPRUCE 2.5M HT.; B+BPICEA PUNGENS COLORADO SPRUCE 3.5M HT.; B+BSTYRAX JAPONICUS JAPANESE SNOWBELL 5CM CAL; 1.8M STD; B&BSHRUBARBUTUS UNEDO 'COMPACTA' STRAWBERRY TREE #3 POT; 80CM BERBERIS THUNBERGII 'ROYAL BURGUNDY' 'ROYAL BURGUNDY'BARBERRY #3 POT; 40CMBUXUS MICROPHYLLA 'WINTER GEM' LITTLE-LEAF BOX #2 POTCORNUS SERICEA REDTWIG DOGWOOD #2 POT; 50CMCORNUS SERICEA 'KELSEYI' DWARF KELSEY DOGWOOD #3 POT; 80CMCORNUS SERICEA 'WINTERFIRE' YELLOWTWIG DOGWOOD #3 POT; 70CMHYDRANGEA QUERCIFOLIA 'SNOWFLAKE' SNOWFLAKE HYDRANGEA #3 POT; 80CMMAHONIA AQUIFOLIUM OREGON GRAPE #2 POT; 50CM NANDINA DOMESTICA HEAVENLY BAMBOO #3 POT; 50CMNANDINA DOMESTICA 'NANA' HEAVENLY BAMBOO; DWARF #3 POT; 50CMRHODODENDRON 'CHRISTMAS CHEER' RHODODENDRON; BLUSH PINK #3 POT; 50CMRHODODENDRON 'P.J.M.' RHODODENDRON; LIGHT PURPLE; E. MAY #3 POT; 50CMRIBES SANGUINEUM RED FLOWERING CURRANT #2 POT; 60CMROSA GYMNOCARPA BALDHIP ROSE #2 POT; 40CMROSA MEIDELAND 'BONICA' MEIDILAND ROSE; PINK #3 POT; 60CMSKIMMIA JAPONICA (10% MALE) JAPANESE SKIMMIA #3 POT; 50CMSYMPHORICARPOS ALBUS SNOWBERRY #2 POT; 30CM SYMPHORICARPOS MOLLIS TRAILING SNOWBERRY #2 POT; 30CMTAXUS X MEDIA 'HICKSII' HICK'S YEW 1.2M; B&BTHUJA OCCIDENTALIS 'SMARAGD' EMERALD GREEN CEDAR 2M HT; B&BTSUGA CANADENSIS 'GRACILIS' DWARF CANADIAN HEMLOCK #10 POTVACCINIUM CORYMBOSUM 'BLUECROP' EDIBLE BLUEBERRY #3 POT; 60CMVIBURNUM DAVIDII DAVID'S VIBURNUM #2 POT; 30CMGRASSJUNCUS EFFUSUS COMMON RUSH #1 POTPENNISETUM ALOPECUROIDES 'HAMELIN' DWARF FOUNTAIN GRASS #1 POTPERENNIALHEMEROCALLIS DAYLILY #1 POT; 1-2 FANGCARCTOSTAPHYLOS UVA-URSI KINNIKINNICK #1 POT; 20CMFRAGARIA x ANANASSA GARDEN STRAWBERRY 9CM POTGAULTHERIA SHALLON SALAL #1 POT; 20CMLONICERA PILEATA PRIVET HONEYSUCKLE #1 POT; 25CMPACHYSANDRA TERMINALIS JAPANESE SPURGE #1 POT; 15CMPOLYSTICHUM MUNITUM WESTERN SWORD FERN #1 POT; 20CMNOTES: * PLANT SIZES IN THIS LIST ARE SPECIFIED ACCORDING TO THE CANADIAN LANDSCAPE STANDARD, LATEST EDITION. CONTAINER SIZES SPECIFIEDAS PER CNLA STANDARDS. BOTH PLANT SIZE AND CONTAINER SIZE ARE THE MINIMUM ACCEPTABLE SIZES. * REFER TO SPECIFICATIONS FOR DEFINEDCONTAINER MEASUREMENTS AND OTHER PLANT MATERIAL REQUIREMENTS. * SEARCH AND REVIEW: MAKE PLANT MATERIAL AVAILABLE FOR OPTIONALREVIEW BY LANDSCAPE ARCHITECT AT SOURCE OF SUPPLY. AREA OF SEARCH TO INCLUDE LOWER MAINLAND AND FRASER VALLEY. * SUBSTITUTIONS:OBTAIN WRITTEN APPROVAL FROM THE LANDSCAPE ARCHITECT PRIOR TO MAKING ANY SUBSTITUTIONS TO THE SPECIFIED MATERIAL. UNAPPROVEDSUBSTITUTIONS WILL BE REJECTED. ALLOW A MINIMUM OF FIVE DAYS PRIOR TO DELIVERY FOR REQUEST TO SUBSTITUTE. SUBSTITUTIONS ARE SUBJECT TOCANADIAN LANDSCAPE STANDARD - DEFINITION OF CONDITIONS OF AVAILABILITY. ALL LANDSCAPE MATERIAL AND WORKMANSHIP MUST MEET OR EXCEEDCANADIAN LANDSCAPE STANDARD'S LATEST EDITION. ALL PLANT MATERIAL MUST BE PROVIDED FROM CERTIFIED DISEASE FREE NURSERYPMG PROJECT NUMBER: 16-146TREECHK'D:16146-5.ZIPDRAWN:DESIGN:SCALE:DATE:PMG PROJECT NUMBER:16-146OF 4DRAWING TITLE:MAPLE RIDGE, BCRESIDENTIAL DEV.PROJECT:DRAWING NUMBER:REVISION DESCRIPTIONNO. DATE DR.236TH STREET & 132ND AVENUESEAL: Copyright reserved. This drawing and design is theproperty of PMG Landscape Architects and may not bereproduced or used for other projects without theirpermission.cCLIENT:Burnaby, British Columbia, V5C 6G9p: 604 294-0011 ; f: 604 294-0022Suite C100 - 4185 Still Creek Drive1 16.OCT.14 REVISE STAIRS/WALLS PER COMMENTS DO2 17.NOV.30 REVISE PER NEW SITE PLAN RK3 17.DEC.15 REVISE PER NEW SITE PLAN/COMMENTS RKLANDSCAPE AMENITYENLARGEMENTL216.JUL.191/8"=1'-0"DOMCYMCY
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2018-122-RZ
File Manager: Wendy Cooper
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 City 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 reports provided:
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: June 26, 2018
and Members of Council FILE NO: 2018-122-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Second Reading
Zone Amending Bylaw No. 7451-2018
12419 Garibaldi Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property located at 12419 Garibaldi Street
from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential), to permit a
future subdivision of 2 residential lots. Council granted first reading to Zone Amending Bylaw No.
7451-2018 on May 8, 2018. The minimum lot size for the current RS-2 (One Family Suburban
Residential) zone is 0.40 ha.
This application is in compliance with the Official Community Plan.
Pursuant to Council policy, this application is subject to the Voluntary Community Amenity
Contribution Program at a rate of $5,100.00 for the new single family lot, for an estimated amount
of $5,100.00.
RECOMMENDATIONS:
1) That Zone Amending Bylaw No. 7451-2018 be given second reading, and be forwarded to Public
Hearing;
2) That the following terms and conditions be met prior to final reading:
i) Payment of two new 38mm water services;
ii) Receipt of Approval for on-site sewage disposal from the Ministry of Health;
iii) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the
suitability of the subject property for the proposed development;
iv) Registration of a Restrictive Covenant for Tree Protection, Stormwater Management, and
onsite sewage disposal for the protection of the septic field areas;
v) Complete application for a Wildfire Development Permit;
vi) That a voluntary contribution, in the amount of $5,100.00 per single family lot created for a
total of $5,100.00 be provided in keeping with the Council Policy with regard to Community
Amenity Contributions; and
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vii) In addition to the site profile, a disclosure statement must be submitted by a Professi onal
Engineer advising whether there is any evidence of underground fuel storage ta nks on the
subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site.
DISCUSSION:
1) Background Context:
Applicant: Andria and William Harmon
Legal Description: Lot 37, D.L. 6881, Group 1, NWD Plan 57415
OCP:
Existing: Suburban Residential
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: RS-2 (One Family Suburban Residential)
Surrounding Uses:
North: Use: Single Family Residential
Zone: RS-2 (One Family Suburban Residential)
Designation: Suburban Residential
South: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Suburban Residential
East: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Suburban Residential
West: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Suburban Residential
Existing Use of Property: Rural Residential
Proposed Use of Property: Suburban Residential
Site Area: 0.80 ha (2.0 acres)
Access: Garibaldi Street
Servicing: Rural Standard
2) Project Description:
The applicant has applied to rezone the subject property from RS-3 (O ne Family Rural Residential)
zone to RS-2 (One Family Suburban Residential) zone to facilitate the subdivision of the subject
property into two Suburban Residential lots. The applicant is proposing to retain the existing single
family residence, providing the existing dwelling can be sited in accordance with setback
requirements on the new lot.
- 3 -
There have been several rezonings in the area to RS-2 (One Family Suburban Residential). Appendix
“A” highlights the subject property under application as well as, the properties in the surrounding
neighbourhood that are zoned RS-2 (One Family Suburban Residential) zone.
3) Planning Analysis:
i) Official Community Plan:
The surrounding neighbourhood and subject site are designated Suburban Residential within the
Official Community Plan. The Suburban Residential designation Zoning Matrix identifies that the RS-
2 (One Family Suburban Residential) zone is a compatible zone within the designation. The subject
property is located outside of the Urban Area Boundary.
The following Official Community Plan policies support the rezoning of the subject property to RS-2
(One Family Suburban Residential) zone:
Section 3.1.3 Suburban Residential, describes Suburban Residential designation as
supporting single detached and duplex housing in areas outside the Urban Area
Boundary that may have water service but which are not connected to the municipal
sanitary sewer system.
Suburban Residential Policy 3-11 supports single detached housing on large suburban
lots. Lots sizes within this land use designation are generally 0.4 hectares in size.
The subject property has an onsite sewage disposal system and is serviced by City water.
In August, 2016 Council received a staff report outlining Suburban Residential and Estate Suburban
Residential land use designation options. On September 5, 2017, after further review Council
resolved that no changes would be made to the Estate Suburban and Suburban Residential OCP
policies and that residential development could proceed accordingly.
ii) Zoning Bylaw:
The current proposal under application is to rezone the subject property located at 12419 Garibaldi
Street from RS-3 (One Family Residential) to RS-2 (One Family Suburban Residential) to permit the
subdivision of the subject property into two lots with an approximate lot area of 0.40 hectares in
size. The RS-2 (One Family Suburban Residential) zone has a minimum parcel size of 0.40 hectares.
The current application has not proposed any variances to the Zoning Bylaw.
4) Development Permits:
Pursuant to Section 8.12 of the OCP, a Wildfire Development Permit application is required for all
development and subdivision activity.
5) Environmental Implications:
The subject property is located within the Wildfire Development Permit Area; therefore, a Wildfire
Hazard Assessment will need to be prepared by a Registered Forester in addition to an Arborist
Report prepared by a qualified Arborist will be required to fulfill the Tree Protection and Management
Bylaw. The report prepared by the Registered Forester will assess and provide recommendations on
how to mitigate wildfire hazards on the subject property. The Arborist Report will detail the number,
type and health of the trees on the subject property. These reports need to be coordinated between
- 4 -
the two professionals to prevent contradictions between the Wildfire Development Permit and Tree
Cutting Permit.
6) Interdepartmental Implications:
i) Engineering Department:
City sanitary or storm sewer are not available in the area; therefore, the applicant will have to install
an onsite sanitary sewage disposal system.
The City has a water line fronting the subject property. New water services will be required in
conjunction with the subdivision application for each lot. These new water services will be installed
by the City at the applicant’s expense.
ii) Fire Department:
The subject property is located within the Wildfire Development Permit area. The Fire Department
will review the plan for the Wildfire Development and if required make recommendations on ways to
fulfill the Development Permit Guidelines.
CONCLUSION:
It is recommended that second reading be given to Zone Amending Bylaw No. 7451-2018, and that
application 2018-122-RZ be forwarded to Public Hearing.
“Original signed by Wendy Cooper”
_______________________________________________
Prepared by: Wendy Cooper, MCIP,RPP
Senior Planning Technician
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – Zone Amending Bylaw No. 7451-2018
Appendix D – Site Plan
DATE: Jun 21, 2018
FILE: 2018-122-RZ
12419 GARIBALDI STREET
PLANNING DEPARTMENT
SUBJECT PROPERTY
GARIBALDI ST2017-548-RZ
2017-548-SD
´
Scale: 1:4,500 BY: PC
Legend
Stream
Ditch Centreline
Indefinite Creek
Lake or Reservoir
DATE: Apr 6, 2018
FILE: 2018-122-RZ
12419 GARIBALDI STREET
City of Pitt
Meadows
District of
Langley District of MissionFRASER R.
^PLANNING DEPARTMENTGARIBALDI STSUBJECT PROPERTY
Aerial Imagery from the Spring of 2016´
Scale: 1:2,500 BY: PC
CITY OF MAPLE RIDGE
BYLAW NO. 7451-2018
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7451-2018."
2. That parcel or tract of land and premises known and described as:
Lot 37 District Lot 6881 Group 1 New Westminster District Plan 57415
and outlined in heavy black line on Map No. 1758 a copy of which is attached hereto and
forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban Residential).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto
are hereby amended accordingly.
READ a first time the 8th day of May, 2018.
READ a second time the 26th day of June, 2018.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED, the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
SAY E R S C R .McNUTT RD.G
A
RIB
AL
DI S
T.2758012559
12355
12540
12335
12590
12461 2756112459
12366
12390
12419 2753012581
12375
12414
12560
12369
12433
12462
12593
2757312350 2756612458
8
2
56
39
55
1
34
5352
LOT 1
30
5857
36
35
373
29
31
51
Rem 38
P 12094
EPP 31374
P 57415
P 57415
BCP 10209
P 55367
BCP 33203
P 55367
P 55367
P 57415
P 57415
P 57415
P 57415
BCP 25318
EP 69465
BCP 10210
RP 56874
EPP 31376RW 57417
RW 57417
R
W 5
5
3
6
8BCP 10211BCP 33204
BCP 25319
´
SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
RS-2 (One Family Suburban Residential)
7451-20181758
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2018-200-RZ
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 City 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 reports provided:
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: June 26, 2018
and Members of Council FILE NO: 2018-200-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Detached Garden Suites (DGS) Pilot Project Bylaws for:
1. 26378 -126 Avenue: Zone Amending Bylaw 7472-2018
& Housing Agreement Bylaw 7476-2018;
2. 23525 Dogwood Avenue: Zone Amending Bylaw 7473-2018
& Housing Agreement Bylaw 7477-2018;
3. 12621 Ansell Street: Zone Amending Bylaw 7474-2018
& Housing Agreement Bylaw 7478-2018;
4. 10861 Morrisette Place: Zone Amending Bylaw 7475-2018
& Housing Agreement Bylaw 7479-2018.
EXECUTIVE SUMMARY:
At the June 19, 2018 Workshop Meeting, Council directed staff to prepare Zone Amending Bylaws,
based on the Look-Book test case information, including property owner profiles, site plan, and
conceptual elevations, for the four properties participating in the DGS Pilot Project.
The DGS Pilot Project will enable the construction of tangible examples of DGS units to showcase the
following:
Allow a Secondary Suite and a DGS on the same lot; and
Allow a DGS size to be up to 140m2 (1500 ft2) in size or 15% of the lot area, whichever is
less.
Four Zone Amending Bylaws and Four Housing Agreement Bylaws are attached for Council
consideration, one for each Pilot Project test case that may be considered separately. The content of
these Bylaws are discussed in this report and attached for Council consideration.
- 2 -
RECOMMENDATIONS:
1. For property located at 26378 – 126th Avenue:
a. THAT Zone Amending Bylaw 7472-2018 be given First and Second Reading and be
forwarded to Public Hearing;
b. AND THAT Housing Agreement Bylaw 7476-2018 be given First, Second, and Third
Reading.
2. For property located at 23525 Dogwood Avenue:
a. THAT Zone Amending Bylaw 7473-2018 be given First and Second Reading and be
forwarded to Public Hearing;
b. AND THAT Housing Agreement Bylaw 7477-2018 be given First, Second, and Third
Reading.
3. For property located at 12621 Ansell Street:
a. THAT Zone Amending Bylaw 7474-2018 be given First and Second Reading and be
forwarded to Public Hearing;
b. AND THAT Housing Agreement Bylaw 7478-2018 be given First, Second, and Third
Reading.
4. For property located at 10861 Morrisette Place:
a. THAT Zone Amending Bylaw 7475-2018 be given First and Second Reading and be
forwarded to Public Hearing;
b. AND THAT Housing Agreement Bylaw 7479-2018 be given First, Second, and Third
Reading.
1.0 BACKGROUND:
A review of the Zoning Bylaw regulations for DGS and Secondary Suites (SS) was initiated through
Council direction from the August 29, 2016 workshop. Public consultation on potential expanded
options for SS and DGS was undertaken in November 2017 with a DGS workshop and a SS and DGS
public open house. The outcomes of the public consultation were presented to Council at the
February 6, 2018 workshop, wherein exploration of a pilot project was initiated through a Council
resolution.
Council endorsed a process and timeline for the DGS Pilot Project at the May 1, 2018 workshop. The
project is intended to create tangible examples to showcase the following:
Secondary Suite and a DGS on the same lot;
DGS size to be a minimum of 20.3m2 (219 ft2); and
DGS size to be up to 140m2 (1500 ft2) or 15% of the lot area, whichever is less.
- 3 -
The process and timeline for the DGS Pilot Project is shown in the diagram below.
At the June 19, 2018 Workshop Meeting, Council directed staff to prepare Zone Amending Bylaws
for the four test cases identified in the DGS Pilot Project Look -Book conceptual document. The Look-
Book includes details on each test case, property owner profiles, site plans, and conceptual
elevations.
While the intent of the DGS Pilot Project at the outset was to enable the construction of tangible
examples of DGS units, no feasible examples of the option for a 20.3m2 (219 ft2) came forward by
the confirmation deadline and as such, the following two options will be showcased through this
project:
Allow a Secondary Suite and a DGS on the same lot; and
Allow a DGS size to be up to 140m2 (1500 ft2) in size or 15% of the lot area, whichever is
less.
Also at the June 19th Workshop Meeting, Council directed staff to undertake a second phase of the
DGS Pilot Project providing more time to identify possible test cases of:
Small DGS unit, between 20.3m2 (219 ft2) and 36m2 (387 ft2);
Large DGS unit, up to 15% of the lot area within the urban area on a lot size between 557m2
(5,995 ft2) and 900m2 (8,611 ft2);
SS and DGS within the urban area.
Work on the second phase of the DGS Pilot Project will commence imminently.
- 4 -
2.0 DISCUSSION
The May 1, 2018 Council report discussed the requirement for text amendments to the Zoning Bylaw
for each of the participating properties in order to permit constructing a DGS that does not conform
to the existing regulations. In the same report a Housing Agreement Bylaw was discussed , including
an outline for the content. Each Bylaw is discussed further below.
2.1 Text Amendment to Zoning Bylaw
Separate bylaws have been created for each of the four Pilot Project test cases so that Council has
the option to consider each independently for First and Second Readings. Table 1 below contains the
proposed text amendments for each of the test case properties:
Table 1: Proposed Amendments to Zoning Bylaw
Address DGS Pilot Option DGS Siting Building Height
1. 26378 – 126th Avenue 140 m2 (1500 ft2) unit None Up to 7.5 metres (6.0 metres
currently permitted)
2. 23525 Dogwood Avenue 140 m2 (1500 ft2) unit Front Yard None
3. 12621 Ansell Street 140 m2 (1500 ft2) unit Exterior
Side Yard
Up to 7.5 metres (6.0 metres
currently permitted)
4. 10861 Morrisette Place DGS size 47.6m2 (512
ft2) and SS on same lot
None DGS is proposed over a
garage with maximum height
up to 6.5 metres (4.5 metres
currently permitted).
For test cases #1 and #3, the property owners intend to construct their DGS units over a garage,
which is permitted on these RS-2 zoned properties at an allowable maximum height of 6.0 metres. In
order to construct a pitched roof to integrate some style to the structure (as opposed to a more flat
roof), each of these property owners is proposing a height increase to 7.5 metres in height.
Discussions have been ongoing with the property owners of test case #4 in terms of providing
parking on this 588m2 RS-1b lot and the most efficient option to accommodate parking for the SS
and the DGS is to allow the DGS to be constructed over a garage at the rear of the property , which is
currently not permitted. The current site plan provides space for a driveway aisle along the side of
the property to rear to access the garage. The property owner is proposing a shed roof for the DGS
unit with the low end facing the rear property line, with a maximum building height of 6.0 metres,
and the highest end facing the principal dwelling unit, with a maximum building height of 6.5 metres.
Currently, for a DGS unit in the RS-1b zone the regulations permit a maximum building height of 4.5
metres.
2.2 Housing Agreement Bylaws
Within the existing regulations for a secondary suite or DGS, property owners are required to have
a covenant registered on title stating that the property owner lives on the property and that one
parking stall must be provided and maintained for the use of occupants of the accessory dwelling
unit.
- 5 -
In a similar vein for the DGS Pilot Project, a Housing Agreement Bylaw has been prepared for each
participating property that requires each property owner’s agreement to various conditions
including:
Owner occupancy requirement for property owner to reside on site;
Prohibiting the use of the DGS as a tourist accommodation;
Requiring one on-site parking stall be maintained for the DGS unit (and also one for the
SS on Morrisette Place);
The timely preparation and iteration, at the property owner’s cost of building permit plans
submitted to the City;
Adherence to the DGS Pilot Project timeline in order to process all housing agreement and
text amendments concurrently;
Facilitating transfer of ownership of the building permit plans to the City for other Maple
Ridge residents to use as pre-approved building plans;
Commencing construction of the DGS immediately upon adoption of the text amendment
to the Zoning Bylaw and building permit issuance with the aim to have all DGS pilot
projects completed at approximately the same time;
Allowing public tours of the constructed DGS for Council and the community for
approximately two months prior to receiving final occupancy;
Use of images and their story in ongoing web and print media to further showcase the
pilot project outcomes.
3.0 NEXT STEPS
Should Council consider and give First and Second Reading to the Zone Amending Bylaws, they will
be scheduled for the July 17, 2018 Public Hearing so that Third Reading may be considered by
Council on July 24, 2018. The Housing Agreement Bylaws are also attached to this report for First,
Second and Third Reading, as they do not require a Public Hearing. As such, Final Reading of the
Housing Agreement Bylaws will be brought to Council for consideration with Final Reading of the
Zone Amending Bylaws.
If the Zone Amending Bylaws receive Third Reading in July, the participating property owners may
begin preparation of their building permit plans in order to meet an application deadline set for
August 20, 2018. Achieving this deadline will provide the Building Department with sufficien t time to
process each application by mid-September and allow the Bylaws to be brought back to Council for
final reading and adoption on October 9, 2018. Building permit plans will not be issued until Bylaw
adoption and then each property owner will be required to commence construction with a completion
deadline of March 2, 2019. A schedule for the DGS tours is anticipated to be available and promoted
in early 2019.
4.0 INTERDEPARTMENTAL IMPLICATIONS
It is anticipated that Planning staff will continue working on the DGS Pilot Project with the Building,
Engineering, and Fire Departments to respond to participant inquiries, review applications, and work
through the regulatory process towards construction of each DGS Pilot Project unit.
- 6 -
5.0 CONCLUSION:
It is recommended that in order to proceed with the next steps involved in the DGS Pilot Project, the
Zone Amending Bylaws discussed in this report be given First and Second Reading and forwarded to
Public Hearing; and that the Housing Agreement Bylaws discussed in this report be given First,
Second, and Third Reading.
“Original signed by Lisa Zosiak”
_______________________________________________
Prepared by: Lisa Zosiak, MRM, MCIP, RPP
Planner
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter M.PL., MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA. P.Eng
GM: Public Works & Development Services
“Original signed by Paul Gill”
_______________________________________________
Concurrence: Paul Gill, CPA, CGA
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A: Zone Amending Bylaws 7472-2018, 7473-2018, 7474-2018, 7475-2018
Appendix B: Housing Agreement Bylaws 7476-2018, 7477-2018, 7478-2018, 7479-2018
CITY OF MAPLE RIDGE
BYLAW NO. 7472-2018
A Bylaw to amend the text of Maple Ridge 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:
This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7472-2018”.
Scope:
This Bylaw recommends amendments that will permit expansion of the Detached Garden Suite
regulations as part of a DGS Pilot Project for specific single-family properties.
1. PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS & STRUCTURES,
Section 11, Dwelling units for a Detached Garden Suite use, be amended by adding the
following new clause at the end of this Section in the correct alphabetical or numerical
order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
i. At 26378 – 126th Avenue (Lot 34, Except: Part Subdivided by Plan
BCP13892, Section 24, Township 12, New Westminster District, Plan
LMP19841) a Detached Garden Suite with a maximum Gross Floor Area of
140m2 (1500 ft2) and a maximum building height of 7.5 metres from
ground level is permitted.
2. Maple Ridge Zoning Bylaw No. 3510-1985 as amended is hereby amended accordingly.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
PUBLIC HEARING held the day of , 2018.
READ a third time the day of , 2018.
ADOPTED the day of , 2018
_____________________________________ _____________________________________
PRESIDING MEMBER CORPORATE OFFICER
CITY OF MAPLE RIDGE
BYLAW NO. 7473-2018
A Bylaw to amend the text of Maple Ridge 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:
This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7473-2018”.
Scope:
This Bylaw recommends amendments that will permit expansion of the Detached Garden Suite
regulations as part of a DGS Pilot Project for specific single-family properties.
1. PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS & STRUCTURES,
Section 11, Dwelling units for a Detached Garden Suite use, be amended by adding the
following new clause at the end of this Section in the correct alphabetical or numerical
order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
ii. At 23525 Dogwood Avenue (Lot “B”, Section 28, Township 12, New
Westminster District, Plan 6734) a Detached Garden Suite with a maximum
Gross Floor Area of 140m2 (1500 ft2) located in the front yard is permitted.
2. Maple Ridge Zoning Bylaw No. 3510-1985 as amended is hereby amended accordingly.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
PUBLIC HEARING held the day of , 2018.
READ a third time the day of , 2018.
ADOPTED the day of , 2018
_____________________________________ _____________________________________
PRESIDING MEMBER CORPORATE OFFICER
CITY OF MAPLE RIDGE
BYLAW NO. 7475-2018
A Bylaw to amend the text of Maple Ridge 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:
This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7475-2018”.
Scope:
This Bylaw recommends amendments that will permit expansion of the Detached Garden Suite
regulations as part of a DGS Pilot Project for specific single-family properties.
1. PART 4 GENERAL REGULATIONS, is amended as follows:
a. Section 402 REGULATIONS FOR PERMITTED USES OF LAND, BUILDINGS & STRUCTURES,
Section 11, Dwelling units for a Detached Garden Suite use, be amended by adding the
following new clause at the end of this Section in the correct alphabetical or numerical
order:
The Detached Garden Suite provisions in this Section 11 will apply to the properties
listed below, except where differences to these provisions are specifically stated for
each:
iv. At 10861 Morrisette Place (Lot 8, Section 11, Township 12, New
Westminster District, Plan EPP67241) a Detached Garden Suite
constructed above a garage with a maximum building height of 6.5 metres
is permitted. A secondary suite within the principal dwelling unit is also
permitted on this property.
2. Maple Ridge Zoning Bylaw No. 3510-1985 as amended is hereby amended accordingly.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
PUBLIC HEARING held the day of , 2018.
READ a third time the day of , 2018.
ADOPTED the day of , 2018
_____________________________________ _____________________________________
PRESIDING MEMBER CORPORATE OFFICER
CITY OF MAPLE RIDGE
BYLAW NO. 7476 – 2018
A Bylaw to authorize the City of Maple Ridge to enter into a
Housing Agreement for 26378 – 126th Avenue
___________________________________________________________
WHEREAS pursuant to Section 483 of the Local Government Act, as amended, Council may,
by bylaw, enter into a housing agreement under that Section;
AND WHEREAS Council and Garry Edward Altenried and Lesli Vivian Altenried wish to enter
into a housing agreement for the subject property at 26378 – 126th Avenue;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting
assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as “26378 – 126th Avenue Housing Agreement Bylaw No.
7476-2018”.
2. By this Bylaw Council authorizes the City to enter into a housing agreement with Garry
Edward Altenried and Lesli Vivian Altenried, in respect to the following land:
Lot 34, Except: Part Subdivided by Plan BCP13892, Section 24, Township 12, New
Westminster District, Plan LMP19841
3. The Mayor and Corporate Officer are authorized to execute the housing agreement
and all incidental instruments on behalf of the City of Maple Ridge.
4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw.
5. This bylaw shall take effect as of the date of adoption hereof.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
READ a third time the 26th day of June, 2018.
ADOPTED, the day of , 2018.
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
Schedule A
Part of Bylaw No. 7476-2018
- 1 -
TERMS OF INSTRUMENT – PART 2
SECTION 219 COVENANT AND HOUSING AGREEMENT
(2018-200-RZ)
BETWEEN:
Garry Eddie Altenried and Lesli Vivian Altenried
26378 – 126th Avenue, Maple Ridge, BC, V2W 1C9
(hereinafter called the "Covenantor")
OF THE FIRST PART
AND:
CITY OF MAPLE RIDGE
11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS:
A. The Covenantor is the registered owner of certain lands situated in the City of Maple
Ridge in the Province of British Columbia, and more particularly known and described
as:
PID: 019-045-824 Lot 34 Except: Part Subdivided by Plan BCP13892; Section 24,
Township 12, New Westminster District, Plan LMP19841
(hereinafter called the "Lands").
B. The City has adopted an amendment to the City of Maple Ridge Zoning Bylaw No. 3510
- 1985 that authorizes construction of a detached garden suite on the Lands (the “Zoning
Amendment Bylaw”), in furtherance of the City’s Detached Garden Suite Pilot Project.
C. The Covenantor has expressed interest in participating in the Detached Garden Suite Pilot
Project.
D. The Detached Garden Suite Pilot Project was initiated by the City with the intent of
facilitating increased affordable housing choices in Maple Ridge.
Schedule A
Part of Bylaw No. 7476-2018
- 2 -
E. The Covenantor and the City wish to enter into this Agreement to set out the
requirements for the development and use of the Detached Garden Suite to be constructed
on the Lands, to have effect as both a covenant under section 219 of the Land Title Act
and a housing agreement under section 483 of the Local Government Act.
F. The City has adopted a bylaw under section 483 of the Local Government Act to
authorize this Agreement as a housing agreement.
NOW THEREFORE in consideration of the premises and the covenants herein contained, the
payment of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties covenant and agree, pursuant to section 483 of the Local Government Act and section 219
of the Land Title Act (British Columbia) as follows:
Definitions
1. In this Agreement:
(a) “Lands” means the land described in Item 2 of the General Instrument to which
these, including any buildings now or hereafter located on the aforementioned
land, and any part or a portion of such land or building into which said land or
building is or may at any time be subdivided;
(b) “Design Professional” means the registered architect or other qualified
professional retained by the Covenantor to design and prepare building permit
drawings for the Detached Garden Suite;
(c) “Detached Garden Suite” has the same meaning as under the Zoning Bylaw;
(d) “Occupancy Permit” means an occupancy permit that is issued in accordance with
the requirements of the City of Maple Ridge Building Bylaw No. 6925 –
2012;“One Family Residential” has the same meaning as under the Zoning
Bylaw;
(e) “One Family Residential Structure” means a building ontaining a one family
residential use, whether with or without a secondary suite;
(f) “Provisional Occupancy Permit” means a provisional occupancy permit that is
issued in accordance with the requirements of the City of Maple Ridge Building
Bylaw No. 6925 – 2012;
(g) “Secondary Suite Residential Use” has the same meaning as under the Zoning
Bylaw; and
(h) “Tourist Accommodation” has the same meaning as under the Zoning Bylaw.
Schedule A
Part of Bylaw No. 7476-2018
- 3 -
Use and Occupancy
2. At all times that there exists on the Lands a one family residential structure and an
authorized Detached Garden Suite and an authorized Secondary Suite, one or the other of
them must be occupied by the registered owner in fee simple of the Lands as his or her
principal residence.
3. The Covenantor must not use or permit the use of the Detached Garden Suite as tourist
accommodation.
Off Street Parking
4. The Covenantor must provide and maintain a separate off-street parking space on the
Lands, in accordance with the requirements of the Zoning Bylaw, for each authorized
Detached Garden Suite and authorized Secondary Suite Residential Use on the Lands.
Development of and Commencement of Occupancy of Detached Garden Suite
5. The Covenantor must:
(a) make all reasonable efforts to commence construction of the Detached Garden
Suite, in accordance with the requirements of this Agreement, within thirty days
following adoption of the Zoning Amendment Bylaw and Housing Agreement
Bylaw; and
(b) ensure that by March 2, 2019, construction of the Detached Garden Suite is
completed to the point where the City’s Chief Building Official may issue a
provisional occupancy permit. Any amendments to this completion date must be
mutually agreed upon by both parties.
6. The Covenantor must submit to the City, with the application for a building permit for the
Detached Garden Suite, an agreement signed by the Covenantors and the Design
Professional, in a form and on terms that are satisfactory to the City, transferring the
ownership and copyright in the Design Professional’s plans and designs for the Detached
Garden Suite to the City, on terms that will allow other residents of the City use of those
plans and designs as building permit plans for similar Detached Garden Suites.
7. The Covenantor must not commence the construction of the Detached Garden Suite until
the agreement required under section 6 of this Agreement has been delivered to the City.
8. For a period of two months following the issuance of the provisional occupancy permit
for the Detached Garden Suite, the Covenantors must not use or permit any use or
occupancy of the Detached Garden Suite other than for public tours conducted by the
City as part of the City’s Detached Garden Suite Pilot Project.
9. The Covenantor must ensure that following completion of the public tour period referred
to in section 5, the Detached Garden Suite meets all conditions under the City of Maple
Ridge Building Bylaw No. 6925 – 2012 for the issuance of an occupancy permit.
Schedule A
Part of Bylaw No. 7476-2018
- 4 -
Specific Performance
10. The Covenantor 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.
Notice of Housing Agreement
11. For clarity, the Covenantor acknowledges and agrees that:
(a) this Agreement constitutes both a covenant under section 219 of the Land Title
Act and a Housing Agreement entered into under section 483 of the Local
Government Act;
(b) the City is required to file a notice of Housing Agreement in the Land Title Office
against title to the Lands; and
(c) once such a notice is filed, this Agreement binds all persons who acquire an
interest in the Lands as a Housing Agreement under section 483 of the Local
Government Act.
No Obligation to Enforce
12. The rights given to the City by this Agreement are permissive only and nothing in this
Agreement imposes any legal duty of any kind on the City to anyone, or obliges the City
to enforce this Agreement, to perform any act or to incur any expense in respect of this
Agreement.
No Effect on Laws or Powers
13. This Agreement does not:
(a) affect or limit the discretion, rights, duties, or powers of the City or the Approving
Officer for the City under the common law or any statute, bylaw, or other
enactment, nor does this Agreement date or give rise to, nor do the parties intend
this Agreement to create any implied obligations concerning such discretionary
rights, duties or powers;
(b) affect or limit the common law or any statute, bylaw or other enactment applying
to the Lands; or
(c) relieve the owner from complying with any common law or any statute,
regulation, bylaw or other enactment.
Schedule A
Part of Bylaw No. 7476-2018
- 5 -
Indemnity
14. The Covenantor hereby releases the City, and indemnifies and saves the City harmless,
from and against any and all actions, causes of actions, suits, claims (including claims for
injurious affection), cost (including legal fees and disbursements), expenses, debts,
demands, losses (including economic loss) and liabilities of whatsoever kind arising out
of or in any way due or relating to the granting or existence of this Agreement, the
restrictions or obligations contained in this Agreement or the performance or non-
performance by the Covenantor of this Agreement that the City is or may become liable
for, incur or suffer.
Priority
15. The Covenantor will do everything necessary, at the Covenantor’s expense, to ensure that
this Agreement is registered against title to the Lands in priority to all liens, charges and
encumbrances registered or pending registration against title to the Lands, save and
except those specifically approved in writing by the City and those in favour of the City.
Waiver
16. An alleged waiver of any breach of this Agreement is effective only if it is an express
waiver in writing of the breach. A waiver of a breach of this Agr eement does not operate
as a waiver of any other breach of this Agreement.
Interpretation
17. In this Agreement:
(a) reference to the singular includes a reference to the plural, and vice versa, unless
the context requires otherwise;
(b) reference to a particular numbered section or article, or to a particular lettered
Schedule, is a reference to the correspondingly numbered or lettered article,
section or Schedule of this Agreement;
(c) article and section headings have been inserted for ease of reference only and are
not to be used in interpreting this Agreement;
(d) the word “enactment” has the meaning given to it in the Interpretation Act
(British Columbia) on the reference date of this Agreement;
(e) reference to any enactment is a reference to that enactment as consolidated,
revised, amended, re-enacted or replace, unless otherwise expressly provided;
(f) reference to “party” or the “parties” is a reference to a party, or the parties, to this
Agreement and their respective successors, assigns, trustees, administrators and
receivers;
Schedule A
Part of Bylaw No. 7476-2018
- 6 -
(g) time is of the essence; and
(h) reference to a “day”, “month” or “year” is a reference to a calendar day, calendar
month, or calendar year unless otherwise expressly provided.
Further Acts
18. The Covenantor will do everything reasonably necessary to give effect to the intent of
this Agreement, including execution of further instruments.
Severance
19. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court
having the jurisdiction to do so, that part is to be considered to have been severed from
the rest of this Agreement and the rest of this Agreement remains in force unaffected by
that holding or by the severance of that part.
No Other Agreements
20. This Agreement is the entire agreement between the parties regarding its subject and it
terminates and supersedes all other agreements and arrangements regarding its subject.
Enurement
21. This Agreement binds the parties to it and their respective successors, heirs, executors
and administrators.
Deed and Contract
22. By executing and delivering this Agreement each of the parties intends to create both a
contract and a deed executed and delivered under seal.
As evidence of their agreement to be bound by this Agreement, the Covenantor and the City
have executed the Land Title Act Form C or D, as the case may be, attached to and forming part
of this Agreement.
Schedule A
Part of Bylaw No. 7476-2018
- 7 -
CONSENT & PRIORITY
The Lender in consideration of the payment of ONE DOLLAR ($1.00) and other good and
valuable consideration (the receipt and sufficiency of which is hereby acknowledged) hereby
consents to the registration of the Covenant herein granted under Section 219 of the Land Title
Act, running with the said lands and against the said lands and the Lender hereby postpones all of
its rights under the Mortgage and Assignment of Rents registered respectively under No. ______
and _____ (the “Lender Documents”) to those rights of the District under the Covenant herein in
the same manner and to the same extent and effect as if the Covenant herein had been dated,
granted and registered prior to the Lender Documents.
CITY OF MAPLE RIDGE
BYLAW NO. 7477 – 2018
A Bylaw to authorize the City of Maple Ridge to enter into a
Housing Agreement for 23525 Dogwood Avenue
___________________________________________________________
WHEREAS pursuant to Section 483 of the Local Government Act, as amended, Council may,
by bylaw, enter into a housing agreement under that Section;
AND WHEREAS Council and James Gordon Richardson and Brenda Shawneen Richardson
wish to enter into a housing agreement for the subject property at 23525 Dogwood Avenue;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting
assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as “23525 Dogwood Avenue Housing Agreement Bylaw No.
7477-2018”.
2. By this Bylaw Council authorizes the City to enter into a housing agreement with
James Gordon Richardson and Brenda Shawneen Richardson, in respect to the
following land:
Lot “B”, Section 28, Township 12, New Westminster District, Plan 6734
3. The Mayor and Corporate Officer are authorized to execute the housing agreement
and all incidental instruments on behalf of the City of Maple Ridge.
4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw.
5. This bylaw shall take effect as of the date of adoption hereof.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
READ a third time the 26th day of June, 2018.
ADOPTED, the day of , 2018.
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
Schedule A
Part of Bylaw No. 7477-2018
- 1 -
TERMS OF INSTRUMENT – PART 2
SECTION 219 COVENANT AND HOUSING AGREEMENT
(2018-200-RZ)
BETWEEN:
James Gordon Richardson and Brenda Shawneen Richardson
23525 Dogwood Avenue, Maple Ridge, BC, V2X 4S4
(hereinafter called the "Covenantor")
OF THE FIRST PART
AND:
CITY OF MAPLE RIDGE
11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS:
A. The Covenantor is the registered owner of certain lands situated in the City of Maple
Ridge in the Province of British Columbia, and more particularly known and described
as:
PID: 004-537-076 Lot “B”, Section 28, Township 12, New Westminster District, Plan
6734
(hereinafter called the "Lands").
B. The City has adopted an amendment to the City of Maple Ridge Zoning Bylaw No. 3510
- 1985 that authorizes construction of a detached garden suite on the Lands (the “Zoning
Amendment Bylaw”), in furtherance of the City’s Detached Garden Suite Pilot Project.
C. The Covenantor has expressed interest in participating in the Detached Garden Suite Pilot
Project.
D. The Detached Garden Suite Pilot Project was initiated by the City with the intent of
facilitating increased affordable housing choices in Maple Ridge.
Schedule A
Part of Bylaw No. 7477-2018
- 2 -
E. The Covenantor and the City wish to enter into this Agreement to set out the
requirements for the development and use of the Detached Garden Suite to be constructed
on the Lands, to have effect as both a covenant under section 219 of the Land Title Act
and a housing agreement under section 483 of the Local Government Act.
F. The City has adopted a bylaw under section 483 of the Local Government Act to
authorize this Agreement as a housing agreement.
NOW THEREFORE in consideration of the premises and the covenants herein contained, the
payment of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties covenant and agree, pursuant to section 483 of the Local Government Act and section 219
of the Land Title Act (British Columbia) as follows:
Definitions
1. In this Agreement:
(a) “Lands” means the land described in Item 2 of the General Instrument to which
these, including any buildings now or hereafter located on the aforementioned
land, and any part or a portion of such land or building into which said land or
building is or may at any time be subdivided;
(b) “Design Professional” means the registered architect or other qualified
professional retained by the Covenantor to design and prepare building permit
drawings for the Detached Garden Suite;
(c) “Detached Garden Suite” has the same meaning as under the Zoning Bylaw;
(d) “Occupancy Permit” means an occupancy permit that is issued in accordance with
the requirements of the City of Maple Ridge Building Bylaw No. 6925 – 2012;
(e) “One Family Residential” has the same meaning as under the Zoning Bylaw;
(f) “One Family Residential Structure” means a building ontaining a one family
residential use, whether with or without a secondary suite;
(g) “Provisional Occupancy Permit” means a provisional occupancy permit that is
issued in accordance with the requirements of the City of Maple Ridge Building
Bylaw No. 6925 – 2012;
(h) “Secondary Suite Residential Use” has the same meaning as under the Zoning
Bylaw; and
(i) “Tourist Accommodation” has the same meaning as under the Zoning Bylaw.
Schedule A
Part of Bylaw No. 7477-2018
- 3 -
Use and Occupancy
2. At all times that there exists on the Lands an authorized one family residential structure,
and authorized Detached Garden Suite and an authorized Secondary Suite, one or the
other of them must be occupied by the registered owner in fee simple of the Lands as his
or her principal residence.
3. The Covenantor must not use or permit the use of the Detached Garden Suite as tourist
accommodation.
Off Street Parking
4. The Covenantor must provide and maintain a separate off-street parking space on the
Lands, in accordance with the requirements of the Zoning Bylaw, for each authorized
Detached Garden Suite and authorized Secondary Suite Residential Use on the Lands.
Development of and Commencement of Occupancy of Detached Garden Suite
5. The Covenantor must:
(a) make all reasonable efforts to commence construction of the Detached Garden
Suite, in accordance with the requirements of this Agreement, within thirty days
following adoption of the Zoning Amendment Bylaw and Housing Agreement
Bylaw; and
(b) ensure that by March 2, 2019, construction of the Detached Garden Suite is
completed to the point where the City’s Chief Building Official may issue a
provisional occupancy permit. Any amendments to this completion date must be
mutually agreed upon by both parties.
6. The Covenantor must submit to the City, with the application for a building permit for the
Detached Garden Suite, an agreement signed by the Covenantors and the Design
Professional, in a form and on terms that are satisfactory to the City, transferring the
ownership and copyright in the Design Professional’s plans and designs for the Detached
Garden Suite to the City, on terms that will allow other residents of the City use of those
plans and designs as building permit plans for similar Detached Garden Suites.
7. The Covenantor must not commence the construction of the Detached Garden Suite until
the agreement required under section 6 of this Agreement has been delivered to the City.
8. For a period of two months following the issuance of the provisional occupancy permit
for the Detached Garden Suite, the Covenantors must not use or permit any use or
occupancy of the Detached Garden Suite other than for public tours conducted by the
City as part of the City’s Detached Garden Suite Pilot Project.
9. The Covenantor must ensure that following completion of the public tour period referred
to in section 5, the Detached Garden Suite meets all conditions under the City of Maple
Ridge Building Bylaw No. 6925 – 2012 for the issuance of an occupancy permit.
Schedule A
Part of Bylaw No. 7477-2018
- 4 -
Specific Performance
10. The Covenantor 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.
Notice of Housing Agreement
11. For clarity, the Covenantor acknowledges and agrees that:
(a) this Agreement constitutes both a covenant under section 219 of the Land Title
Act and a Housing Agreement entered into under section 483 of the Local
Government Act;
(b) the City is required to file a notice of Housing Agreement in the Land Title Office
against title to the Lands; and
(c) once such a notice is filed, this Agreement binds all persons who acquire an
interest in the Lands as a Housing Agreement under section 483 of the Local
Government Act.
No Obligation to Enforce
12. The rights given to the City by this Agreement are permissive only and nothing in this
Agreement imposes any legal duty of any kind on the City to anyone, or obliges the City
to enforce this Agreement, to perform any act or to incur any expense in respect of this
Agreement.
No Effect on Laws or Powers
13. This Agreement does not:
(a) affect or limit the discretion, rights, duties, or powers of the City or the Approving
Officer for the City under the common law or any statute, bylaw, or other
enactment, nor does this Agreement date or give rise to, nor do the parties intend
this Agreement to create any implied obligations concerning such discretionary
rights, duties or powers;
(b) affect or limit the common law or any statute, bylaw or other enactment applying
to the Lands; or
(c) relieve the owner from complying with any common law or any statute,
regulation, bylaw or other enactment.
Schedule A
Part of Bylaw No. 7477-2018
- 5 -
Indemnity
14. The Covenantor hereby releases the City, and indemnifies and saves the City harmless,
from and against any and all actions, causes of actions, suits, claims (including claims for
injurious affection), cost (including legal fees and disbursements), expenses, debts,
demands, losses (including economic loss) and liabilities of whatsoever kind arising out
of or in any way due or relating to the granting or existence of this Agreement, the
restrictions or obligations contained in this Agreement or the performance or non-
performance by the Covenantor of this Agreement that the City is or may become liable
for, incur or suffer.
Priority
15. The Covenantor will do everything necessary, at the Covenantor’s expense, to ensure that
this Agreement is registered against title to the Lands in priority to all liens, charges and
encumbrances registered or pending registration against title to the Lands, save and
except those specifically approved in writing by the City and those in favour of the City.
Waiver
16. An alleged waiver of any breach of this Agreement is effective only if it is an express
waiver in writing of the breach. A waiver of a breach of this Agr eement does not operate
as a waiver of any other breach of this Agreement.
Interpretation
17. In this Agreement:
(a) reference to the singular includes a reference to the plural, and vice versa, unless
the context requires otherwise;
(b) reference to a particular numbered section or article, or to a particular lettered
Schedule, is a reference to the correspondingly numbered or lettered article,
section or Schedule of this Agreement;
(c) article and section headings have been inserted for ease of reference only and are
not to be used in interpreting this Agreement;
(d) the word “enactment” has the meaning given to it in the Interpretation Act
(British Columbia) on the reference date of this Agreement;
(e) reference to any enactment is a reference to that enactment as consolidated,
revised, amended, re-enacted or replace, unless otherwise expressly provided;
(f) reference to “party” or the “parties” is a reference to a party, or the parties, to this
Agreement and their respective successors, assigns, trustees, administrators and
receivers;
Schedule A
Part of Bylaw No. 7477-2018
- 6 -
(g) time is of the essence; and
(h) reference to a “day”, “month” or “year” is a reference to a calendar day, calendar
month, or calendar year unless otherwise expressly provided.
Further Acts
18. The Covenantor will do everything reasonably necessary to give effect to the intent of
this Agreement, including execution of further instruments.
Severance
19. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court
having the jurisdiction to do so, that part is to be considered to have been severed from
the rest of this Agreement and the rest of this Agreement remains in force unaffected by
that holding or by the severance of that part.
No Other Agreements
20. This Agreement is the entire agreement between the parties regarding its subject and it
terminates and supersedes all other agreements and arrangements regarding its subject.
Enurement
21. This Agreement binds the parties to it and their respective successors, heirs, executors
and administrators.
Deed and Contract
22. By executing and delivering this Agreement each of the parties intends to create both a
contract and a deed executed and delivered under seal.
As evidence of their agreement to be bound by this Agreement, the Covenantor and the City
have executed the Land Title Act Form C or D, as the case may be, attached to and forming part
of this Agreement.
Schedule A
Part of Bylaw No. 7477-2018
- 7 -
CONSENT & PRIORITY
The Lender in consideration of the payment of ONE DOLLAR ($1.00) and other good and
valuable consideration (the receipt and sufficiency of which is hereby acknowledged) hereby
consents to the registration of the Covenant herein granted under Section 219 of the Land Title
Act, running with the said lands and against the said lands and the Lender hereby postpones all of
its rights under the Mortgage and Assignment of Rents registered respectively under No. ______
and _____ (the “Lender Documents”) to those rights of the District under the Covenant herein in
the same manner and to the same extent and effect as if the Covenant herein had been dated,
granted and registered prior to the Lender Documents.
CITY OF MAPLE RIDGE
BYLAW NO. 7479 – 2018
A Bylaw to authorize the City of Maple Ridge to enter into a
Housing Agreement for 10861 Morrisette Place
___________________________________________________________
WHEREAS pursuant to Section 483 of the Local Government Act, as amended, Council may,
by bylaw, enter into a housing agreement under that Section;
AND WHEREAS Council and Ramandeep Kaur Dhaliwal and Swaranjit Kaur Dhaliwal wish to
enter into a housing agreement for the subject property at 10861 Morrisette Place;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting
assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as “10861 Morrisette Place Housing Agreement Bylaw No.
7479-2018”.
2. By this Bylaw Council authorizes the City to enter into a housing agreement with
Ramandeep Kaur Dhaliwal and Swaranjit Kaur Dhaliwal, in respect to the following
land:
Lot 8, Section 11, Township 12, New Westminster District, Plan EPP67241
3. The Mayor and Corporate Officer are authorized to execute the housing agreement
and all incidental instruments on behalf of the City of Maple Ridge.
4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw.
5. This bylaw shall take effect as of the date of adoption hereof.
READ a first time the 26th day of June, 2018.
READ a second time the 26th day of June, 2018.
READ a third time the 26th day of June, 2018.
ADOPTED, the day of , 2018.
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
Schedule A
Part of Bylaw No. 7479-2018
- 1 -
TERMS OF INSTRUMENT – PART 2
SECTION 219 COVENANT AND HOUSING AGREEMENT
(2018-200-RZ)
BETWEEN:
Ramandeep Kaur Dhaliwal and Swaranjit Kaur Dhaliwal
10861 Morrisette Place, Maple Ridge, BC
(hereinafter called the "Covenantor")
OF THE FIRST PART
AND:
CITY OF MAPLE RIDGE
11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS:
A. The Covenantor is the registered owner of certain lands situated in the City of Maple
Ridge in the Province of British Columbia, and more particularly known and described
as:
PID: 030-313-392 Lot 8, Section 11, Township 12, New Westminster District, Plan
EPP67241
(hereinafter called the "Lands").
B. The City has adopted an amendment to the City of Maple Ridge Zoning Bylaw No. 3510
- 1985 that authorizes construction of a Detached Garden Suite and a Secondary Suite on
the Lands (the “Zoning Amendment Bylaw”), in furtherance of the City’s Detached
Garden Suite Pilot Project.
C. The Covenantor has expressed interest in participating in the Detached Garden Suite Pilot
Project.
D. The Detached Garden Suite Pilot Project was initiated by the City with the intent of
facilitating increased affordable housing choices in Maple Ridge.
Schedule A
Part of Bylaw No. 7479-2018
- 2 -
E. The Covenantor and the City wish to enter into this Agreement to set out the
requirements for the development and use of the Detached Garden Suite and Secondary
Suite to be constructed on the Lands, to have effect as both a covenant under section 219
of the Land Title Act and a housing agreement under section 483 of the Local
Government Act.
F. The City has adopted a bylaw under section 483 of the Local Government Act to
authorize this Agreement as a housing agreement.
NOW THEREFORE in consideration of the premises and the covenants herein contained, the
payment of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties covenant and agree, pursuant to section 483 of the Local Government Act and section 219
of the Land Title Act (British Columbia) as follows:
Definitions
1. In this Agreement:
(a) “Lands” means the land described in Item 2 of the General Instrument to which
these, including any buildings now or hereafter located on the aforementioned
land, and any part or a portion of such land or building into which said land or
building is or may at any time be subdivided;
(b) “Design Professional” means the registered architect or other qualified
professional retained by the Covenantor to design and prepare building permit
drawings for the Detached Garden Suite;
(c) “Detached Garden Suite” has the same meaning as under the Zoning Bylaw;
(d) “Occupancy Permit” means an occupancy permit that is issued in accordance with
the requirements of the City of Maple Ridge Building Bylaw No. 6925 – 2012;
(e) “One Family Residential” has the same meaning as under the Zoning Bylaw;
(f) “One Family Residential Structure” means a building ontaining a one family
residential use, whether with or without a secondary suite;
(g) “Provisional Occupancy Permit” means a provisional occupancy permit that is
issued in accordance with the requirements of the City of Maple Ridge Building
Bylaw No. 6925 – 2012;
(h) “Secondary Suite Residential Use” has the same meaning as under the Zoning
Bylaw; and
(i) “Tourist Accommodation” has the same meaning as under the Zoning Bylaw.
Schedule A
Part of Bylaw No. 7479-2018
- 3 -
Use and Occupancy
2. At all times that there exists on the Lands a one family residential structure , an authorized
Detached Garden Suite and an authorized Secondary Suite, one or the other of them must
be occupied by the registered owner in fee simple of the Lands as his or her principal
residence.
3. The Covenantor must not use or permit the use of the Detached Garden Suite as tourist
accommodation.
Off Street Parking
4. The Covenantor must provide and maintain a separate off-street parking space on the
Lands, in accordance with the requirements of the Zoning Bylaw, for each authorized
Detached Garden Suite and authorized Secondary Suite Residential Use on the Lands.
Development of and Commencement of Occupancy of Detached Garden Suite
5. The Covenantor must:
(a) make all reasonable efforts to commence construction of the Detached Garden
Suite, in accordance with the requirements of this Agreement, within thirty days
following adoption of the Zoning Amendment Bylaw and Housing Agreement
Bylaw; and
(b) ensure that by March 2, 2019, construction of the Detached Garden Suite is
completed to the point where the City’s Chief Building Official may issue a
provisional occupancy permit. Any amendments to this completion date must be
mutually agreed upon by both parties.
6. The Covenantor must submit to the City, with the application for a building permit for the
Detached Garden Suite, an agreement signed by the Covenantors and the Design
Professional, in a form and on terms that are satisfactory to the City, transferring the
ownership and copyright in the Design Professional’s plans and designs for the Detached
Garden Suite to the City, on terms that will allow other residents of the City use of those
plans and designs as building permit plans for similar Detached Garden Suites.
7. The Covenantor must not commence the construction of the Detached Garden Suite until
the agreement required under section 6 of this Agreement has been delivered to the City.
8. For a period of two months following the issuance of the provisional occupancy permit
for the Detached Garden Suite, the Covenantors must not use or permit any use or
occupancy of the Detached Garden Suite other than for public tours conducted by the
City as part of the City’s Detached Garden Suite Pilot Project.
9. The Covenantor must ensure that following completion of the public tour period referred
to in section 5, the Detached Garden Suite meets all conditions under the City of Maple
Ridge Building Bylaw No. 6925 – 2012 for the issuance of an occupancy permit.
Schedule A
Part of Bylaw No. 7479-2018
- 4 -
Specific Performance
10. The Covenantor 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.
Notice of Housing Agreement
11. For clarity, the Covenantor acknowledges and agrees that:
(a) this Agreement constitutes both a covenant under section 219 of the Land Title
Act and a Housing Agreement entered into under section 483 of the Local
Government Act;
(b) the City is required to file a notice of Housing Agreement in the Land Title Office
against title to the Lands; and
(c) once such a notice is filed, this Agreement binds all persons who acquire an
interest in the Lands as a Housing Agreement under section 483 of the Local
Government Act.
No Obligation to Enforce
12. The rights given to the City by this Agreement are permissive only and nothing in this
Agreement imposes any legal duty of any kind on the City to anyone, or obliges the City
to enforce this Agreement, to perform any act or to incur any expense in respect of this
Agreement.
No Effect on Laws or Powers
13. This Agreement does not:
(a) affect or limit the discretion, rights, duties, or powers of the City or the Approving
Officer for the City under the common law or any statute, bylaw, or other
enactment, nor does this Agreement date or give rise to, nor do the parties intend
this Agreement to create any implied obligations concerning such discretionary
rights, duties or powers;
(b) affect or limit the common law or any statute, bylaw or other enactment applying
to the Lands; or
(c) relieve the owner from complying with any common law or any statute,
regulation, bylaw or other enactment.
Schedule A
Part of Bylaw No. 7479-2018
- 5 -
Indemnity
14. The Covenantor hereby releases the City, and indemnifies and saves the City harmless,
from and against any and all actions, causes of actions, suits, claims (including claims for
injurious affection), cost (including legal fees and disbursements), expenses, debts,
demands, losses (including economic loss) and liabilities of whatsoever kind arising out
of or in any way due or relating to the granting or existence of this Agreement, the
restrictions or obligations contained in this Agreement or the performance or non-
performance by the Covenantor of this Agreement that the City is or may become liable
for, incur or suffer.
Priority
15. The Covenantor will do everything necessary, at the Covenantor’s expense, to ensure that
this Agreement is registered against title to the Lands in priority to all liens, charges and
encumbrances registered or pending registration against title to the Lands, save and
except those specifically approved in writing by the City and those in favour of the City.
Waiver
16. An alleged waiver of any breach of this Agreement is effective only if it is an express
waiver in writing of the breach. A waiver of a breach of this Agr eement does not operate
as a waiver of any other breach of this Agreement.
Interpretation
17. In this Agreement:
(a) reference to the singular includes a reference to the plural, and vice versa, unless
the context requires otherwise;
(b) reference to a particular numbered section or article, or to a particular lettered
Schedule, is a reference to the correspondingly numbered or lettered article,
section or Schedule of this Agreement;
(c) article and section headings have been inserted for ease of reference only and are
not to be used in interpreting this Agreement;
(d) the word “enactment” has the meaning given to it in the Interpretation Act
(British Columbia) on the reference date of this Agreement;
(e) reference to any enactment is a reference to that enactment as consolidated,
revised, amended, re-enacted or replace, unless otherwise expressly provided;
(f) reference to “party” or the “parties” is a reference to a party, or the parties, to this
Agreement and their respective successors, assigns, trustees, administrators and
receivers;
Schedule A
Part of Bylaw No. 7479-2018
- 6 -
(g) time is of the essence; and
(h) reference to a “day”, “month” or “year” is a reference to a calendar day, calendar
month, or calendar year unless otherwise expressly provided.
Further Acts
18. The Covenantor will do everything reasonably necessary to give effect to the intent of
this Agreement, including execution of further instruments.
Severance
19. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court
having the jurisdiction to do so, that part is to be considered to have been severed from
the rest of this Agreement and the rest of this Agreement remains in force unaffected by
that holding or by the severance of that part.
No Other Agreements
20. This Agreement is the entire agreement between the parties regarding its subject and it
terminates and supersedes all other agreements and arrangements regarding its subject.
Enurement
21. This Agreement binds the parties to it and their respective successors, heirs, executors
and administrators.
Deed and Contract
22. By executing and delivering this Agreement each of the parties intends to create both a
contract and a deed executed and delivered under seal.
As evidence of their agreement to be bound by this Agreement, the Covenantor and the City
have executed the Land Title Act Form C or D, as the case may be, attached to and forming part
of this Agreement.
Schedule A
Part of Bylaw No. 7479-2018
- 7 -
CONSENT & PRIORITY
The Lender in consideration of the payment of ONE DOLLAR ($1.00) and other good and
valuable consideration (the receipt and sufficiency of which is hereby acknowledged) hereby
consents to the registration of the Covenant herein granted under Section 219 of the Land Title
Act, running with the said lands and against the said lands and the Lender hereby postpones all of
its rights under the Mortgage and Assignment of Rents registered respectively under No. ______
and _____ (the “Lender Documents”) to those rights of the District under the Covenant herein in
the same manner and to the same extent and effect as if the Covenant herein had been dated,
granted and registered prior to the Lender Documents.