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Home My WebLink About2018-01-16 Council Meeting Agenda and Reports.pdf Page 1 City of Maple Ridge COUNCIL MEETING AGENDA January 16, 2018 7:00 p.m. Council Chamber Note: This Agenda is also posted on the City’s Web Site at www.mapleridge.ca The purpose of a Council meeting is to enact powers given to Council by using bylaws or resolutions. This is the final venue for debate of issues before voting on a bylaw or resolution. 100 CALL TO ORDER 200 AMENDMENTS TO THE AGENDA 300 APPROVAL OF THE AGENDA 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular and Special Council Meetings • Regular Council - November 28, 2017 • Regular Council - December 5, 2017 • Special Council – November 21, 2017 • Special Council – December 12, 2017 402 Minutes of the Public Hearing of December 5, 2017 500 PRESENTATIONS AT THE REQUEST OF COUNCIL 600 DELEGATIONS MEETING DECORUM Council would like to remind all people present tonight that serious issues are decided at Council meetings which affect many people’s lives. Therefore, we ask that you act with the appropriate decorum that a Council Meeting deserves. Commentary and conversations by the public are distracting. Should anyone disrupt the Council Meeting in any way, the meeting will be stopped and that person’s behavior will be reprimanded. The meeting is live streamed and recorded by the City of Maple Ridge. Council Meeting Agenda January 16, 2018 Council Chamber Page 2 of 7 700 ITEMS ON CONSENT 701 Minutes 701.1 Development Agreements Committee Meetings of December 4, 12, 19(2) and 22, 2017 701.2 Meetings of Committees and Commissions of Council • Community Heritage Commission – November 9, 2017 702 Reports 702.1 Adjustments to the 2017 Collector’s Rolls Staff report dated January 16, 2018 submitting information on changes to the 2017 Collector’s Roll through the issuance of Supplementary Roll 7. 702.2 Disbursements for the month ended November 30, 2017 Staff report dated January 16, 2018 recommending that the disbursements for the month ended November 30, 2017 be received for information. 702.3 Intermunicipal Business Licence Update Staff report dated January 16, 2018 providing an update on the Intermunicipal Business Licence (IMBL) program. 703 Correspondence 704 Release of Items from Closed Council Status From the January 9, 2018 Special Closed Council Meeting Item 01.01 Appointment of Corporate Officer Council Meeting Agenda January 16, 2018 Council Chamber Page 3 of 7 800 UNFINISHED BUSINESS 801 Falcon Homes – Amendments to Purchase and Sale Agreement Staff report dated January 16, 2018 recommending that the first and second amendments to the Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. dated May 21, 2017 and November 22, 2017 consecutively be approved and that the Corporate Officer be authorized to execute the agreements. 900 CORRESPONDENCE Bylaws for Adoption 1000 BYLAWS 1001 2016-240-RZ, 11893 to 11865 227 Street; 22638 119 Avenue and 22633 Selkirk Avenue Staff report dated January 16, 2018 recommending adoption 1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 7342-2017 To amend Schedule “B” of the Official Community Plan from Medium and High-Rise Apartment to Town Centre Commercial Adoption 1001.2 Maple Ridge Zone Amending Bylaw No. 7262-2016 To rezone from RS-1 (One Family Urban Residential) to C-3 (Town Centre Commercial) to permit the future construction of three mixed use commercial residential six storey buildings Adoption 1001.3 Repeal of Selkirk Avenue Housing Agreement Bylaw No. 7346-2017 To allow the housing agreement to be consistent with the Sales and Purchase Agreement Repeal 1001.4 Selkirk Avenue Housing Agreement Bylaw No. 7347-2017 To allow the City of Maple Ridge to enter into a Housing Agreement First, second and third readings Council Meeting Agenda January 16, 2018 Council Chamber Page 4 of 7 1002 Maple Ridge 2018-2022 Financial Plan Bylaw No. 7405-2017 To establish the five year financial plan for the years 2018 through 2022 Adoption 1003 Maple Ridge Council Procedure Amending Bylaw No. 7411-2017 To change S. 31 in Council Procedure Bylaw No. 6472-2007 by moving ‘Questions from the Public” to follow “Delegations” and to change the day of the first regular Council meeting after an election Adoption 1100 REPORTS AND RECOMMENDATIONS Public Works and Development Services 1101 2012-031-RZ, 11055 Hazelwood Street, Rescind Second and Third Reading Staff report dated January 16, 2018 recommending that the second and third readings of Maple Ridge Zone Amending Bylaw No. 6914-2012 be rescinded and that the proposed timeline as outlined be endorsed. 1102 2017-262-RZ, 11060 Cameron Court, RS-3 to RS-1d Staff report dated January 16, 2018 recommending that Maple Ridge Zone Amending Bylaw No. 7409-2017 to rezone from RS-3 (One Family Rural Residential) to RS-1d (One Family Urban [Half Acre] Residential) to permit subdivision of approximately 19 single family lots no less than 557 m2 in area be given first reading and that the applicant provide further information as described on Schedules A, B and F of the Development Procedures Bylaw No. 5879-1999, along with the information required for a subdivision application. 1103 2017-461-RZ, 11641 227 Street, RS-1 to RM-2 Staff report dated January 16, 2018 recommending that Maple Ridge Zone Amending Bylaw No. 7282-2016 be rescinded and that Maple Ridge Zone Amending Bylaw No. 7401-2017 to rezone from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit two 5 storey apartment buildings be given first reading and that the applicant provide further information as described on Schedules A, C, D, E, F and G of the Development Procedures Bylaw No. 5879-1999, along with a subdivision application. Council Meeting Agenda January 16, 2018 Council Chamber Page 5 of 7 1104 2017-489-RZ, 11903 and 11917 Burnett Street, RS-1 to RM-2 Staff report dated January 16, 2018 recommending that Maple Ridge Zone Amending Bylaw No. 7407-2017 to rezone from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit a five storey condominium building be given first reading and that the applicant provide further information as described on Schedules C, D an E of the Development Procedures Bylaw No. 5879-1999 along with the information specified in this staff report. 1105 2016-091-RZ, 14155 Marc Road, A-2 to R-1 and R-2 Staff report dated January 16, 2018 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7416-2017 to revise the boundaries of the land use designations to fit the site conditions be given first reading and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7254-2016 to rezone from A-2 (Upland Agricultural) to R-1 (Residential District) and R-2 (Urban Residential District) to permit a future subdivision of approximately 109 lots be given second reading as amended and be forwarded to Public Hearing. 1106 2016-004-RZ, 13245 236 Street, RS-3 and RS-2 to RM-1 Staff report dated January 16, 2018 recommending that Maple Ridge Zone Amending Bylaw No. 7211-2016 to rezone from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RM-1 (Townhouse Residential) to permit future development of 31 townhouse units be given second reading and be forwarded to Public Hearing. 1107 2016-150-DVP, 21083 River Road Staff report dated January 16, 2018 recommending that the Corporate Officer be authorized to sign and seal 2016-150-DVP to reduce the required Collector road standard and the required building envelope. 1108 2016-240-DVP, 2016-240-DP, 22638 119 Avenue and 22633 Selkirk Avenue Staff report dated January 16, 2018 recommending that the Corporate Officer be authorized to sign and seal 2016-240-DVP to reduce side lot lines and to reduce front and rear lot lines for the second storey and that the Corporate Officer be authorized to sign and seal 2016-240-DP to permit future construction of two mixed use commercial residential six storey buildings. Council Meeting Agenda January 16, 2018 Council Chamber Page 6 of 7 1109 2016-274-SD, 5% Money in Lieu of Parkland Dedication, PID 217-967-546 Staff report dated January 16, 2018 recommending that the owner of land proposed for subdivision at PID 217-967-546, under application 2016- 274-SD, shall pay to the City of Maple Ridge an amount that is not less than $67,100.00. Financial and Corporate Services (including Fire and Police) 1131 Miscellaneous Finance Fees and Charges Bylaw Amendment – Bylaw No.7413-2017 Staff report dated January 16, 2018 recommending that Maple Ridge Miscellaneous Finance Fees and Charges Amending Bylaw No.7413-2017 to impose a fee for the service of providing incident or investigation reports related to the Fire Department. Parks, Recreation & Culture 1151 Administration 1171 Other Committee Issues 1191 1200 STAFF REPORTS 1300 OTHER MATTERS DEEMED EXPEDIENT Council Meeting Agenda January 16, 2018 Council Chamber Page 7 of 7 1400 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1500 QUESTIONS FROM THE PUBLIC 1600 ADJOURNMENT Checked by:________________ Date: ________________ QUESTION PERIOD The purpose of the Question Period is to provide the public with an opportunity to ask questions of Council on items that are of concern to them, with the exception of Public Hearing bylaws which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. Each person will be permitted 2 minutes to ask their question (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). Questions must be directed to the Chair of the meeting and not to individual members of Council. The total Question Period is limited to 15 minutes. Council reserves the right to defer responding to a question in order to obtain the information required to provide a complete and accurate response. Other opportunities are available to address Council including public hearings, delegations and community forum. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk’s Department at 604-463-5221 or clerks@mapleridge.ca. Mayor and Council at mayorandcouncil@mapleridge.ca. 400 Adoption and Receipt of Minutes 400 401 Minutes of Regular and Special Council Meetings 401 City of Maple Ridge COUNCIL MEETING MINUTES November 28, 2017 The Minutes of the City Council Meeting held on November 28, 2017 at 7:00 p.m. in the Council Chamber of the City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. 0BPRESENT Elected Officials Appointed Staff Mayor N. Read P. Gill, Chief Administrative Officer Councillor C. Bell K. Swift, General Manager of Parks, Recreation & Culture Councillor B. Masse F. Quinn, General Manager Public Works and Development Councillor G. Robson Services Councillor T. Shymkiw C. Nolan, Interim Director of Finance Councillor C. Speirs C. Carter, Director of Planning L. Darcus, Manager of Legislative Services ABSENT A. Gaunt, Confidential Secretary Councillor K. Duncan Other staff as required C. Goddard, Manager of Development and Environmental Services A. Kopystynski, Planner 2 D. Pollock, Municipal Engineer D. Boag, Director of Parks & Facilities Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca The meeting was live streamed and recorded by the City of Maple Ridge Note: Councillor Robson was not in attendance at the start of the meeting. 100 CALL TO ORDER 200 AMENDMENTS TO THE AGENDA Withdrawal of Items 801, 1006 and 1103 Council Meeting Minutes November 28, 2017 Page 2 of 18 300 APPROVAL OF THE AGENDA R/2017-575 It was moved and seconded That Items 801, 1006 and 1103 be withdrawn from the November 28, 2017 Council Meeting agenda and that the agenda be approved as amended. CARRIED 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular Council Meeting of October 24, 2017 R/2017-576 It was moved and seconded That the minutes of the Regular Council Meeting of October 24, 2017 be adopted as circulated. CARRIED 402 Minutes of the Public Hearing of October 21, 2017 R/2017-577 It was moved and seconded That the minutes of the Public Hearing of October 21, 2017 be adopted as circulated. CARRIED Note: Councillor Robson joined the meeting at 7:02 p.m. 500 PRESENTATIONS AT THE REQUEST OF COUNCIL – Nil 600 DELEGATIONS 601 Maple Ridge Arts Council Annual Report and Program Update • Philip Hartwick, Acting Executive Director • Dawn Flanagan, President Mr. Hartwick gave a PowerPoint presentation providing a review of Arts Council activities held during the 2016-2017 season. He highlighted the ACT Arts Centre Strategic Plan, the achievements of goals, programs offered by the Arts Council and improvements made to the ACT facility. Mr. Council Meeting Minutes November 28, 2017 Page 3 of 18 Hartwick also advised on the financial status and budget of the Arts Council. Ms. Flanagan advised on business carried out by the Maple Ridge Arts Council Board. She also advised on the hiring of a new executive director. 602 Small Cell Towers in Maple Ridge – RFRadiation • Ted Archibald Mr. Archibald gave a PowerPoint presentation outlining concerns with the increase in the amount of small cell towers and the resulting increase in levels of RFR radio frequency radiation. He outlined differences between large cell towers and the smaller cell towers and the differing impacts on health. Mr. Archibald expressed his concern over the proliferation of small cell towers throughout the Lower Mainland without public consultation. He provided information on health impacts for some persons and on steps being taken in California to regulate small cell towers. Mr. Archibald requested that small cells not be allowed in Maple Ridge. 603 United Way Month – Seniors’ "Party Bus" Program • Maggie Karpilovsky, Planner, Community Impact and Better Home, United Way of the Lower Mainland • Angie Brunner, Participant • Sandra Salvadore, Seniors’ Connect Coordinator Ms. Karpilovsky provided information on the United Way. She advised that the United Way invests approximately $.5 million annually for up to 34 programs in the Maple Ridge Pitt Meadows area. She highlighted the Seniors’ Party Bus Program as part of the United Way’s Active Aging Initiative. She thanked both the City of Maple Ridge and Maple Ridge Community Services for their partnerships. A video featuring local resident Angie Brunner and showcasing the positive impact of the Seniors’ “Party Bus” Program was presented. Ms. Brunner spoke of her life following the death of her husband and the difficulty she had coping with everyday life. She outlined the positive impact the United Way’s program for seniors had on her life in that it allowed her to go out, make friends and expand her horizons. Mr. Brunner described how debilitating loneliness can be for seniors and how the United Way program allows seniors to look forward to being part of society again. She thanked the United Way for the program and support offered. Council Meeting Minutes November 28, 2017 Page 4 of 18 Ms. Salvatore thanked the United Way for sponsoring the Seniors’ “Party Bus” Program. She described how the program has grown from having 5 persons upon start up to over 90 participants currently. She thanked the City of Maple Ridge and staff for its support. Note: Mayor Read wished to recognize the accomplishments of Malcolm Williams and Mason Woods, both formerly from Maple Ridge, in being part of the Toronto Argonauts, the 2017 Grey Cup Champions. Note: Mayor Read asked if Council would like to deal with ‘Questions from the Public” prior to proceeding with remaining items on the agenda. R/2017-578 It was moved and seconded That Item 1500 Questions from the Public be dealt with prior to Item 1100. CARRIED 700 ITEMS ON CONSENT 701 Minutes 701.1 Minutes of the Development Agreements Committee Meetings of November 7 and 14. 2017 701.2 Minutes of Meetings of Committees and Commissions of Council • Community Heritage Commission – October 12, 2017 • Municipal Advisory Committee on Accessibility and Inclusiveness – September 21, 2017 702 Reports 702.1 Disbursements for the month ended October 31, 2017 Staff report dated November 28, 2017 recommending that the disbursements for the month ended October 31, 2017 be received for information. 702.2 2017 Council Expenses Staff report dated November 28, 2017 providing an update on Council expenses recorded to date. Council Meeting Minutes November 28, 2017 Page 5 of 18 703 Correspondence – Nil 704 Release of Items from Closed Council Status – Nil R/2017-579 It was moved and seconded That Items 701.1, 701.2, 702.1 and 702.2 on the “Items on Consent” agenda be received into the record. CARRIED 800 UNFINISHED BUSINESS Note: Item 801 was withdrawn at the request of the applicant. 801 Falcon Homes – Amendments to Purchase and Sale Agreement 802 2016-145-RZ, 11749 and 11761 Burnett Street - Reconsideration of a motion according to Maple Ridge Council Procedure Bylaw No. 6472-2017 Part 17 Reconsideration of the following motion from the staff report dated November 14, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7252-2016 to rezone from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit the future construction of a 64 unit Apartment Building be given second reading and be forwarded to Public Hearing. The original motion was amended with the addition of xi) and xii) to terms and conditions and carried as amended. 802.1 R/2017-580 It was moved and seconded That the motion for Application 2016-145-RZ, 11749 and 11761 Burnett Street at the November 14, 2017 Council Meeting be reconsidered. CARRIED 802.2 R/2017-581 It was moved and seconded That Bylaw No. 7252-2016 be repealed. CARRIED Council Meeting Minutes November 28, 2017 Page 6 of 18 802.3 R/2017-582 It was moved and seconded 1) That Bylaw No. 7252-2016 be given second reading, and be forwarded to Public Hearing; and 2) 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) Approval from the Ministry of Transportation and Infrastructure; iii) Road dedication on Burnett Street as required; iv) Consolidation of the subject properties; v) Registration of a Restrictive Covenant for the protection of the Adaptive Housing Units; vi) Registration of a Restrictive Covenant for the protection of visitor parking; vii) Registration of a Restrictive Covenant protecting the public art; viii) Registration of a Restrictive Covenant for storm water management works; ix) Removal of existing building/s; x) 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 properties. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. (xi) Provision of a voluntary cash contribution of $1,500.00 per unit ($96,000.00) to the City for the future provision of rental housing; and (xii) Addition of two (2) electrical vehicle charging stations to the underground parking structure. CARRIED 803 2017-281-RZ, 21428, 21460, 21472 Dewdney Trunk Road, RS-1 to P-6 Reconsidered of the following motion from the staff report dated November 14, 2017 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7357-2017 to redesignate three subject properties from Urban Residential to Institutional to allow for the expansion of the Maple Ridge Cemetery be given second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7360-2017 to rezone 21428 Dewdney Trunk Road from RS-1 (One Family Urban Residential) to P-6 (Civic Institutional) be given second reading and be forwarded to Public Hearing. Council Meeting Minutes November 28, 2017 Page 7 of 18 The Director of Parks & Facilities provided a review of the cemetery master plan adopted in 2008 and outlined work done to date on the current cemetery site. He advised on the need for the rezoning of this property in order to continue to have full burial sites to offer to residents. R/2017-583 It was moved and seconded That the motion for Application 2017-281-RZ, 21428, 21460, 21472 Dewdney Trunk Road defeated at the November 14, 2017 Council Meeting be reconsidered. CARRIED Councillor Bell, Councillor Robson - OPPOSED R/2017-584 It was moved and seconded 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 Bylaw No. 7357-2017 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 Bylaw No. 7357-2017 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Bylaw No. 7357-2017 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Bylaw No. 7357-2017 be given second reading and be forwarded to Public Hearing; 5) That Bylaw No. 7360-2017 be given second reading, and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Approval from the Ministry of Transportation and Infrastructure; ii) Amendment to Official Community Plan Schedule "B"; and iii) Road dedication on Dewdney Trunk Road as required. CARRIED Councillor Robson - OPPOSED 900 CORRESPONDENCE – Nil Council Meeting Minutes November 28, 2017 Page 8 of 18 1000 BYLAWS Bylaws for Third Reading 1001 2017-291-RZ, 24093 and 24137 104 Avenue and PID 009-437-061 1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 7369-2017 To designate from Medium Density Residential and Institutional to Institutional and Conservation and to add to Conservation Third reading R/2017-585 It was moved and seconded That Bylaw No. 7369-2017 be given third reading. CARRIED 1001.2 Maple Ridge Zone Amending Bylaw No. 7364-2017 To rezone from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to P-1 (Park and School) to facilitate the co-location and joint development of a new Albion Elementary School and Albion Community Centre Third reading R/2017-586 It was moved and seconded That Bylaw No. 7364-2017 be given third reading. CARRIED 1002 2015-347-RZ, 20621 123 Avenue 1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 7383-2017 To designate from Urban Residential to Conservation and to add to Conservation Third reading R/2017-587 It was moved and seconded That Bylaw No. 7383-2017 be given third reading. CARRIED Council Meeting Minutes November 28, 2017 Page 9 of 18 1002.2 Maple Ridge Zone Amending Bylaw No. 7193-2015 To rezone from RS-3 (One Family Rural Residential) to RS-1b (One Family Urban (Medium Density) Residential) to permit a future subdivision of approximately 10 lots Third reading R/2017-588 It was moved and seconded That Bylaw No. 7193-2015 be given third reading. CARRIED 1003 2016-336-RZ, 11300 and 11250 240 Street 1003.1 Maple Ridge Official Community Plan Amending Bylaw No. 7396-2017 To designate from Medium Density Residential to Conservation and to add to Conservation Third reading R/2017-589 It was moved and seconded That Bylaw No. 7396-2017 be given third reading. CARRIED 1003.2 Maple Ridge Zone Amending Bylaw No. 7287-2016 To rezone from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) and R-2 (Urban Residential District) to permit the future subdivision of 5 lots and the future construction of a 54 unit townhouse development Third reading R/2017-590 It was moved and seconded That Bylaw No. 7287-2016 be given third reading. CARRIED 1004 2016-191-RZ, 11939 240 Street Maple Ridge Zone Amending Bylaw No. 7257-2017 To rezone from CS-1 (Service Commercial) to C-2 (Community Commercial) to permit construction of a multi-tenant commercial development Third reading Council Meeting Minutes November 28, 2017 Page 10 of 18 R/2017-591 It was moved and seconded That Bylaw No. 7257-2017 be given third reading. CARRIED Bylaws for Adoption 1005 Maple Ridge Tree Protection Amending Bylaw No. 7314-2017 and 2017- 066-RZ, 21241 Wicklund Avenue Maple Ridge Tree Protection Amending Bylaw No. 7314-2017 To allow for minor changes, updates, and amendments that can create additional efficiencies, reduce municipal costs, provide greater clarity for permit holders, and promote better integration of development requirements with tree management requirements Adoption 1005.1 R/2017-592 It was moved and seconded That Bylaw No. 7314-2017 be adopted. CARRIED 2017-066-RZ, 21241 Wicklund Avenue To repeal Maple Ridge Zone Amending Bylaw No. 7314-2017 to correct the use of duplicate numbers and that Maple Ridge Zone Amending Bylaw No. 7322-2017 to rezone from RS-1 (One Family Urban Residential) to RT-1 (Two Family Urban Residential) to permit development of a duplex be given first reading 1005.2 R/2017-593 It was moved and seconded That Zoning Bylaw No. 7314-2017 (Wicklund Avenue) be repealed and that Bylaw No. 7322-2017 be given first reading. CARRIED Council Meeting Minutes November 28, 2017 Page 11 of 18 Note: Item 1006 has been withdrawn at the request of the applicant. 1006 2016-240-RZ, 22638 119 Avenue and 22633 Selkirk Avenue 1006.1 Maple Ridge Official Community Plan Amending Bylaw No. 7342-2017 1006.2 Maple Ridge Zone Amending Bylaw No. 7262-2016 1006.3 Selkirk Avenue Housing Agreement Bylaw No. 7347-2017 1100 REPORTS AND RECOMMENDATIONS Public Works and Development Services 1101 2017-430-RZ, 11839 and 11795 267 Street, RS-3 to RS-2 Staff report dated November 28, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 2408-2017 to rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to create a 16 lot subdivision be given first reading and that the applicant provide further information as described on Schedules A, B, D, F, and G of the Development Procedures Bylaw No. 5879-1999, along with information required for a Subdivision application. R/2017-594 It was moved and seconded In respect of Section 475 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: i. The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii. The Board of any Regional District that is adjacent to the area covered by the plan; iii. The Council of any municipality that is adjacent to the area covered by the plan; iv. First Nations; v. Boards of Education, Greater Boards and Improvements District Boards; and vi. The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City’s website, together with an invitation to the public to comment, and; That Bylaw No. 7408-2017 be given first reading; and Council Meeting Minutes November 28, 2017 Page 12 of 18 That the applicant provide further information as described on Schedules (A, B, D, F, & G) of the Development Procedures Bylaw No. 5879–1999, along with the information required for a Subdivision application. DEFEATED Mayor Read, Councillor Masse, Councillor Robson, Councillor Speirs - OPPOSED 1102 2013-115-RZ, 24440 128 Avenue, RS-3 to RS-2 Staff report dated November 28, 2017 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7410-2017 to adjust area designated Conservation around a watercourse be given first and second readings and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7052-2017 to rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit a future subdivision of 6 lots be given first and second readings and be forwarded to Public Hearing. R/2017-595 It was moved and seconded 1) That, in accordance with Section 475 of the Local Government Act, opportunity for early and ongoing consultation has been provided by way of posting Bylaw No. 7410-2017on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2) That Bylaw No. 7410-2017 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Bylaw No. 7410-2017 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Bylaw No. 7410-2017 be given first and second readings and be forwarded to Public Hearing; 5) That Bylaw No. 7052-2014 be given second reading, and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Amendment to Official Community Plan Schedules "B" and “C; 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 the protection of the Environmentally Sensitive areas (wetlands) on the subject property; Council Meeting Minutes November 28, 2017 Page 13 of 18 v) Registration of a Restrictive Covenant for Stormwater Management; vi) Removal of existing buildings; vii) Registration with Fraser Health for septic disposal; and registration of a Restrictive Covenant for the protection of the septic field areas; and viii) That a voluntary contribution, in the amount of $30,600.00 ($5,100.00/lot,) be provided in keeping with the Council Policy with regard to Community Amenity Contributions. DEFEATED Mayor Read, Councillor Speirs, Councillor Robson - OPPOSED Note: Item 1103 has been withdrawn at the request of the applicant. 1103 2016-240-DVP, 2016-240-DP, 22638 119 Avenue and 22633 Selkirk Avenue 1104 Environmental Management Strategy Implementation – Soil Deposit Regulation Bylaw Review Process Update –Soil Deposit Regulation Bylaw Staff report dated November 28, 2017 recommending that Soil Deposit Regulation Bylaw No. 7412-2017 be given first reading. R/2017-596 It was moved and seconded That Bylaw No. 7412-2017 be given first reading. CARRIED Councillor Robson - OPPOSED 1105 Award of Contract ITT-EN-17-77: 224 Street PRV and Flow Meter Chamber (224 Street and 127 Avenue) Staff report dated November 28, 2017recommending that Contract ITT-EN- 17-77: 224 Street PRV and Flow Meter Chamber (224 Street and 127 Avenue) be awarded to 1138904 B.C. Ltd., that a contingency be approved for unforeseen items and that the Corporate Officer be authorized to execute the contract. Council Meeting Minutes November 28, 2017 Page 14 of 18 R/2017-597 It was moved and seconded That Contract ITT-EN17-77: 224 Street PRV and Flow Meter Chamber (224 Street and 127 Avenue), be awarded to 1138904 B.C. Ltd. in the amount of $288,550.00 excluding taxes; and That a contract contingency of $30,000 be approved for unforeseen items; and further That the Corporate Officer be authorized to execute the contract. CARRIED Financial and Corporate Services (including Fire and Police) 1131 Community Emergency Preparedness Fund Grant Applications Staff report dated November 28, 2017 recommending that the Flood Risk Assessment, Flood Mapping & Flood Mitigation Planning grant application be supported and that the Emergency Social Services grant application be supported. R/2017-598 It was moved and seconded That the Flood Risk Assessment, Flood Mapping & Flood Mitigation Planning grant application for $150,000 be supported; and further That the Emergency Social Services grant application for $25,000 be supported. CARRIED 1132 Award of Contract, Maple Ridge Fire Hall 1 Trailer Shelter Construction Staff report dated November 28, 2017 recommending that the Trailer Shelter Construction contract for Fire Hall 1 be awarded to RIS Construction Ltd., that a contingency be established, that the capital expenditure budget in increased and that the Corporate Officer be authorized to execute the contract. R/2017-599 It was moved and seconded 1. That the Trailer Shelter Construction contract (ITT-FD17-81) be awarded to RJS Construction Ltd. for a contract price of $270,887 (including options & excluding GST), and; 2. That a contingency of 10% in the amount of $27,089 (excluding GST) be established for this project, and; Council Meeting Minutes November 28, 2017 Page 15 of 18 3. That the Financial Plan be amended to increase the budget for the Trailer Shelter Construction from $250,000 to $300,000 funded through the Fire Department Capital Acquisition Reserve. 4. That the Corporate Officer be authorized to execute the contract. CARRIED 1133 Justice Institute Agreement Staff report dated November 28, 2017 recommending that the Corporate Officer be authorized to execute an agreement with the Justice Institute of BC. R/2017-600 It was moved and seconded That the Corporate Officer be authorized to execute the agreement with the Justice Institute of BC as attached to the staff report dated November 28, 2017. CARRIED 1134 Bylaw No. 7411-2017, Amendment to Maple Ridge Council Procedure Bylaw No. 6472-2007 Staff report dated November 28, 2017 recommending that Maple Ridge Council Procedure Amending Bylaw No. 7411-2017 be given first, second and third readings. R/2017-601 It was moved and seconded That Bylaw No. 7411-2017 be given first, second and third readings. CARRIED Councillor Robson, Councillor Shymkiw - OPPOSED 1135 Alternative Approval Process for Loan Authorization Bylaws – Update Staff report dated November 28, 2017 recommending that the borrowing bylaw for the Outdoor Pool be withdrawn from the Alternative Approval Process at this time and that the schedule for required advertisements for the Alternative Approval Process and the deadlines for the submission of Elector Response Forms be approved. Council Meeting Minutes November 28, 2017 Page 16 of 18 The Manager of Legislative Services reviewed the staff report and provided clarification on the alternate approval process. R/2017-602 It was moved and seconded 1. That the borrowing bylaw for the Outdoor Pool be withdrawn from the Alternative Approval Process at this time. 2. That the schedule for required advertisements for the Alternative Approval Process and the deadlines for the submission of Elector Response Forms, as outlined in the staff report dated November 28, 2017 be approved. CARRIED 1136 2018-2022 Financial Plan Staff report dated November 28, 2017 recommending that ongoing incremental adjustments to the 2018-2022 Financial Plan indicated in the report be approved and that staff be directed to bring back a Financial Plan bylaw incorporating the adjustments. R/2017-603 It was moved and seconded 1. That the following on-going incremental adjustments be approved: 2018 a Human Resources Health & Safety Associate $ 75,000 b Human Resources External Consulting Support 25,000 c Human Resources Employee Engagement 50,000 d Economic Development Tourism Coordination 60,000 e RCMP Civilian Support Positions i Executive Assistant 95,000 ii Disclosure Coordinator 70,000 iii Fleet Coordinator (Part Time) 22,000 f Additional Downtown Security 40,000 g Additional Fire Fighters (starting in 2020) h Parks Operations Manager 142.000 i Community Festivals 25,000 j Seniors Network Support 25,000 k Chipping Program (additional funding) 25,000 l Downtown Pest Control 8,000 m Tree Replacement 5,000 n Intersection Maintenance 60,000 o Water Infrastructure Maintenance 60,000 Council Meeting Minutes November 28, 2017 Page 17 of 18 2. That the following one-time requests be approved: a Communications: Social Media Consulting 10,000 b Economic Development: Innovation Week 15,000 c Sustainability: EV Charger Installation 30,000 d Sustainability: Corporate Organics Collection & Disposal 25,000 e Agricultural Committee: Golden Harvest 10-year anniversary 6,000 f Heritage Committee: Incentives Review 20,000 g Heritage Committee: Conservation Master Plan 30,000 h Environmental Advisory Committee: Communications Strategy 13,000 3. That staff be directed to bring back a Financial Plan bylaw, incorporating the above, to the next Council meeting for consideration. CARRIED Parks, Recreation & Culture 1151 New Public Art Location Recommendations Staff report dated November 28, 2017 recommending that the locations for proposed new public art commissions at the Leisure Centre and Merkley Park/Karina LeBlanc Field be approved. R/2017-604 It was moved and seconded That the Maple Ridge Leisure Centre and the Merkley Park/Karina LeBlanc Field be approved as the locations for two new public art commissions. CARRIED Administration – Nil Other Committee Issues – Nil 1200 STAFF REPORTS – Nil 1300 OTHER MATTERS DEEMED EXPEDIENT – Nil Council Meeting Minutes November 28, 2017 Page 18 of 18 1400 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS – Nil Note: Item 1500 Questions From the Public was dealt with prior to Item 1110 1500 QUESTIONS FROM THE PUBLIC John McKenzie Mr. McKenzie requested an update on progress being made with bringing an SFU satellite school campus to Maple Ridge. Mayor Read provided information on progress to date and the need to find a space. Mr. McKenzie asked whether progress was being made with the idea put forward by Rob Thiessen of getting local churches to help out with the homeless at Anita Place. Mayor Read advised that Mr. Thiessen has been connecting with community stakeholders and that there may potentially be a service offered in the community. 1600 ADJOURNMENT – 9:11 p.m. _______________________________ N. Read, Mayor Certified Correct ___________________________________ L. Darcus, Corporate Officer City of Maple Ridge COUNCIL MEETING MINUTES December 5, 2017 The Minutes of the City Council Meeting held on December 5, 2017 at 7:00 p.m. in the Council Chamber of the City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. 0BPRESENT Elected Officials Appointed Staff Mayor N. Read F. Quinn, Acting Chief Administrative Officer/General Councillor C. Bell Manager Public Works and Development Services Councillor K. Duncan K. Swift, General Manager of Parks, Recreation & Culture Councillor B. Masse C. Nolan, Interim Director of Finance Councillor G. Robson C. Carter, Director of Planning Councillor C. Speirs L. Darcus, Manager of Legislative Services A. Gaunt, Confidential Secretary ABSENT Other staff as required Councillor T. Shymkiw A. Kopystynski, Acting Manager of Development and Environmental Services B. Elliott, Manager of Community Planning T. Cotroneo, Manager of Community Services D. Cramb, Senior Recreation Manager D. Pollock, Municipal Engineer R. MacNair, Manager of Bylaw & Licensing Services A. Gronowich, Planner 1 Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca The meeting was live streamed and recorded by the City of Maple Ridge 100 CALL TO ORDER 200 AMENDMENTS TO THE AGENDA Item 1152 to be dealt with following Item 601 Council Meeting Minutes December 5, 2017 Page 2 of 14 300 APPROVAL OF THE AGENDA R/2017-605 It was moved and seconded That Item 1151 be dealt with following Item 601 and that the agenda for the December 5, 2017 Council Meeting be approved as amended. CARRIED 400 ADOPTION AND RECEIPT OF MINUTES • Minutes of the Special Council Meeting Minutes – November 14, 2017 • Regular Council Meeting Minutes – November 14, 2017 • Special Council Meeting Minutes – November 28, 2017 R/2017-606 It was moved and seconded That the minutes of the Special Council Meeting of November 14, 2017, the Regular Council Meeting of November 14, 2017 and the Special Council Meeting of November 28, 2017 be adopted. CARRIED 500 PRESENTATIONS AT THE REQUEST OF COUNCIL - Nil 600 DELEGATIONS 601 Kanaka Education and Environmental Partnership Society (KEEPS) • Ross Davies Mr. Davis gave a PowerPoint presentation providing an introduction to KEEPS and the mandate of the Society. He advised on partners involved with KEEPS and highlighted the numerous programs hosted by KEEPS and participated in by schools and residents. Note: Item 1151 was dealt with prior to Item 700 700 ITEMS ON CONSENT 701 Minutes 701.1 Minutes of the Development Agreements Committee of November 28, 2017 Council Meeting Minutes December 5, 2017 Page 3 of 14 701.2 Minutes of Meetings of Committees and Commissions of Council • Agricultural Advisory Committee – October 26, 2017 702 Reports – Nil 703 Correspondence – Nil 704 Release of Items from Closed Council Status From the November 21, 2017 Closed Council Meeting 04.02 St. Anne Encampment Update – resolution and voting pattern From the November 28, 2017 Closed Council Meeting 04.03 Re-appointments to the Board of Variance – resolution and voting pattern R/2017-607 It was moved and seconded That Items 701.1, 701.2 and 704 on the “Items for Consent” agenda be received into the record. CARRIED 800 UNFINISHED BUSINESS – Nil 900 CORRESPONDENCE – Nil 1000 BYLAWS Note: Items 1001 to 1003 are from the December 3, 2017 Public Hearing Bylaws for Third Reading 1001 2017-396-RZ, 23782 and 23810 River Road Maple Ridge Zone Amending Bylaw No. 7403-2017 To amend the M-2 (General Industrial) zone to permit off street parking at 23782 and 23810 River Road Third reading R/2017-608 It was moved and seconded Council Meeting Minutes December 5, 2017 Page 4 of 14 That Bylaw No. 7403-2017 be given third reading. CARRIED 1002 2015-155-RZ, 23702 132 Avenue 1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 7172-2015 To amend Silver Valley Area Plan Figure 2 and Figure 3C from Conservation, Open Space, Low Density Residential and Med/High Density Residential to Low Density Residential and Conservation; and To amend Silver Valley Area Plan Figure 4: Trails/Open Space to remove from Conservation, to add to Conservation, and to remove from Open Space Third reading R/2017-609 It was moved and seconded That Bylaw No. 7172-2015 be given third reading. CARRIED 1002.2 Maple Ridge Zone Amending Bylaw No. 7173-2015 To rezone from RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban (Medium Density) Residential) to permit a future subdivision of approximately 16 lots Third reading R/2017-610 It was moved and seconded That Bylaw No. 7173-2015 be given third reading. CARRIED 1003 2014-039-RZ, 12040 240 Street 1003.1 Maple Ridge Official Community Plan Amending Bylaw No. 7397-2017 To amend Schedule “B” of the Official Community Plan from Estate Suburban Residential to Commercial and to amend the Urban Area Boundary Third reading Council Meeting Minutes December 5, 2017 Page 5 of 14 R/2017-611 It was moved and seconded That Bylaw No. 7397-2017 be given third reading. CARRIED 1003.2 Maple Ridge Zone Amending Bylaw No. 7089-2014 To rezone from RS-3 (One Family Rural Residential) to C-2 (Community Commercial) to permit the future construction of a two storey mixed use building Third reading R/2017-612 It was moved and seconded That Bylaw No. 7089-2014 be given third reading. CARRIED Bylaws for Adoption 1004 2014-108-RZ, 12874 Mill Street 1004.1 Maple Ridge Official Community Plan Amending Bylaw No. 7222-2016 To revise conservation boundaries Adoption R/2017-613 It was moved and seconded That Bylaw No. 7222-2016 be adopted. CARRIED 1004.2 Maple Ridge Zone Amending Bylaw No. 7138-2015 To rezone from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to R-1 (Residential District) to allow subdivision into approximately 6 single family residential lots Adoption R/2017-614 It was moved and seconded That Bylaw No. 7138-2015 be adopted. CARRIED Council Meeting Minutes December 5, 2017 Page 6 of 14 1100 REPORTS AND RECOMMENDATIONS Public Works and Development Services 1101 2017-256-RZ, 22313 124 Avenue, RS-1b to R-1 Staff report dated December 5, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7363-2017 to rezone from RS-1b (One Family Urban [Medium Density] Residential) to R-1 (Residential District) to permit subdivision into approximately two lots be given first reading and that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. R/2017-615 It was moved and seconded That Bylaw No. 7363-2017 be given first reading; and That the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879–1999, along with the information required for a Subdivision application. CARRIED 1102 2017-185-RZ, 11143 Princess Street, RS-1 to R-1 Staff report dated December 5, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7362-2017 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit future subdivision into approximately two lots be given first reading and that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879–1999, and a Subdivision application. R/2017-616 It was moved and seconded That Bylaw No. 7362-2017 be given first reading; and That the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879–1999, and a Subdivision application. CARRIED Council Meeting Minutes December 5, 2017 Page 7 of 14 1103 2017-247-RZ, 11697 and 11715 224 Street, RM-3 and C-3 to CRM Staff report dated December 5, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7365-2017 to rezone from RM-3 (High Density Apartment Residential) and C-3 (Town Centre Commercial) to CRM (Commercial/Residential) to permit a six storey, mixed use building with 45 rental apartments be given first reading and that the applicant provide further information as described on Schedules C, D and E of the Development Procedures Bylaw No. 5879–1999, along with the information described in this report. R/2017-617 It was moved and seconded 1. That Bylaw No. 7365-2017 be given first reading; and 2. That the applicant provide further information as described on Schedules C, D and E of the Development Procedures Bylaw No. 5879–1999, along with the information described in this report. CARRIED 1104 2015-021-RZ, 24070 132 Avenue, RS-3 to R-1 Staff report dated December 5, 2017 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7406-2017 to adjust the conservation boundary to fit the site conditions be given first reading and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7142-2015 to rezone from RS-3 (One Family Rural Residential) to R-1 (Residential District), to permit a future subdivision of approximately three single family residential lots be given second reading as amended and be forwarded to Public Hearing. R/2017-618 It was moved and seconded 1) That, in accordance with Section 475 of the Local Government Act, opportunity for early and ongoing consultation has been provided by way of posting Bylaw No. 7406-2017 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2) That Bylaw No. 7406-2017 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Bylaw No. 7406-2017 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Bylaw No. 7406-2017 be given first and second readings and be forwarded to Public Hearing; Council Meeting Minutes December 5, 2017 Page 8 of 14 5) That Bylaw No. 7142-2015, as amended in this report, be given second reading and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Amendment to Official Community Plan Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, and Figure 4 – Trails/Open Space ii) Road dedication as required; iii) Park dedication as required, and removal of all debris and garbage from park land; iv) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject property for the proposed development; v) Registration of a Restrictive Covenant for Tree Protection; vi) Registration of a Restrictive Covenant for Stormwater Management; vii) Registration of a Restrictive Covenant for No-Build purposes on the existing house footprint, should the current house be removed in the future. Any new house built on proposed lot 3 must adhere to current Zoning Bylaw regulations; viii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage 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 ix) That a voluntary contribution, in the amount of $15,300.00 be provided, in keeping with the Council Policy on Community Amenity Contributions. CARRIED 1105 2015-069-RZ, 10366 240 Street, RS-2 to R-3 Staff report dated December 5, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7207-2016 to rezone from RS-2 (One Family Suburban Residential) to R-3 (Special Amenity Residential District) to permit future subdivision of approximately 13 lots be given second reading and be forwarded to Public Hearing. R/2017-619 It was moved and seconded 1) That Bylaw No. 7207-2016 be given second reading, and be forwarded to Public Hearing; Council Meeting Minutes December 5, 2017 Page 9 of 14 2) That Council require, as a condition of subdivision approval, the developer to pay to the City an amount that equals 5% of the market value of the land, as determined by an independent appraisal, in lieu of parkland dedication in accordance with Section 510 of the Local Government Act; and, 3) That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation and Infrastructure; ii. Submission of a satisfactory traffic study; iii. Road dedication on 240 Street as required; iv. Registration of a Restrictive Covenant for the Geotechnical which addresses the suitability of the subject property for the proposed development; v. Registration of a Restrictive Covenant for selected corner lots preventing the construction of detached garages and carports that obstruct visual clearance at intersections; vi. Registration of a Restrictive Covenant for Stormwater Management; vii. Removal of existing building/s; viii. In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage 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; ix. That a voluntary contribution, in the amount of $5,100 per lot ($66,300 in total) is to be provided in keeping with the Council Policy with regard to Community Amenity Contributions. CARRIED 1106 Maple Ridge Zone Amending Bylaw No. 7394-2017, Home Occupation Regulations Staff report dated December 5, 2017 recommending that Maple Ridge Zone Amending Bylaw No. 7394-2017 to update home occupation regulations be given second reading as amended and be forwarded to Public Hearing. A. Grochowich, Planner gave a PowerPoint presentation providing the following information: • Background • Council Discussion • Home Occupation in Multi-Family Units • Types of Home Occupation • Number of Home Occupations • Parking Considerations Council Meeting Minutes December 5, 2017 Page 10 of 14 • Strata Council & Landlord Notification • Recommendation R/2017-620 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7394-2017, as amended, be given second reading and be forwarded to the next public hearing. CARRIED Councillor Masse - OPPOSED 1107 Award of Contract ITT-EN17-65: 270A Street Reservoir & Pump Station Staff report dated December 5, 2017 recommending that Contract ITT- EN17-65: 270A Street Reservoir & Pump Station Replacement be awarded to Westpro, A Division of Pomerleau Inc., that a project contingency be established to address potential variations in field conditions, that the Corporate Officer be authorized to execute the contract, that the Financial Plan be amended and that the existing Stantec Consulting Ltd. contract for Engineering Design Services be increased. R/2017-621 It was moved and seconded That Contract ITT-EN17-65: 270A Street Reservoir & Pump Station Replacement be awarded to Westpro, A Division of Pomerleau Inc. in the amount of $4,196,710.92 excluding taxes; and That a contract contingency of $200,000.00 be approved to address potential variations in field conditions; and That the Corporate Officer be authorized to execute the contract; and That the Financial Plan be amended to fund this project from Development Cost Charges and Water Capital Fund as identified in this report, and further That the existing Stantec Consulting Ltd. contract for Engineering Design Services for 270A Street Reservoir and Pump Station be increased by $150,000.00. CARRIED Council Meeting Minutes December 5, 2017 Page 11 of 14 Financial and Corporate Services (including Fire and Police) 1131 2018-2022 Financial Plan Bylaw Staff report dated December 5, 2017 recommending that Maple Ridge 2018-2028 Financial Plan Bylaw No. 7405 - 2017 be given first, second and third readings. R/2017-622 It was moved and seconded That Maple Ridge 2018-2022 Financial Plan Bylaw No. 7405 - 2017 be given first, second and third readings. CARRIED 1132 2017 Community Grant – Seniors Network Staff report dated December 5, 2017 recommending that a Community Grant be awarded to Maple Ridge, Pitt Meadows, Katzie Seniors Network. R/2017-623 It was moved and seconded That a Community Grant of $20,000 be awarded to Maple Ridge, Pitt Meadows, Katzie Seniors Network. CARRIED 1133 Street Naming: Jim Robson Way Staff report dated December 5, 2017 recommending that the renaming of a section of 105 Avenue to “Jim Robson Way” be approved. R/2017-624 It was moved and seconded That the renaming of the section of 105 Avenue from Lougheed Highway to the traffic circle at Tamarack Lane as “Jim Robson Way” be approved; and further That staff advise the post office, emergency services and the owners of all properties affected by this change and take all other necessary steps to formalize the road name changes effective January 27, 2018. CARRIED Council Meeting Minutes December 5, 2017 Page 12 of 14 Parks, Recreation & Culture 1151 Golden Ears Dog Off-leash Area – License of Occupation Staff report dated December 5, 2017 recommending that the Corporate Officer be authorized to sign the Golden Ears Off-leash License of Occupation with TransLink for the purpose of developing a dog off-leash area. R/2017-625 It was moved and seconded That the Corporate Officer be authorized to sign the Golden Ears Dog Off- leash License of Occupation with TransLink for the purpose of developing a dog off-leash area. CARRIED Note: Item 1152 was dealt with following Item 601 1152 Youth Wellness Centre Concept and Funding Estimate Staff report dated December 5, 2017 recommending that staff be directed to work with Ridge Meadows Community Services and the Foundry to explore a partnership model for the Maple Ridge Youth Wellness Centre. The Manager of Community Services introduced the topic and the presenters. Pamela Liversage, Director, Policy and Partnership, Foundry gave a PowerPoint presentation providing the following information: • Introduction to Foundry as an organization • Age of First Onset & the Burden of Disease including physical and mental illnesses • Economic and moral evidence for a return on investment in youth • The approach used by Foundry, its vision and brand • Position of the Foundry Team between operators, health authorities and government • Organizations partnering with Foundry • Examples of services provided Ron Antaluk, Chair, Ridge Meadows Hospital Fuondation thanked Council for the Youth Wellness Centre and stated that the centre has provided the reason Maple Ridge was selected by Foundry for a centre. He advised that the Ridge Meadows Hospital Foundation is in full support of a Foundry Centre. Council Meeting Minutes December 5, 2017 Page 13 of 14 The Senior Recreation Manager gave a PowerPoint presentation providing general information on the proposed youth wellness centre including the appearance of the building, the site location and the sizing for the ground and second floors. He advised on the exiting design and a partnership with the Greg Moore Youth Centre, provided a concept rendering and outlined potential costs. R/2017-626 It was moved and seconded That staff be directed to work with Maple Ridge and Pitt Meadows Community Services and the Foundry to explore a funding model for the Youth Wellness Centre Concept referenced in the report dated December 5, 2017. CARRIED Administration – Nil Other Committee Issues – Nil 1200 STAFF REPORTS – Nil 1300 OTHER MATTERS DEEMED EXPEDIENT – Nil 1400 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS – Nil 1500 QUESTIONS FROM THE PUBLIC John McKenzie Mr. McKenzie referred to an announcement by the Honourable Jean-Yves Duclos on the National Housing Program and partnerships between Federal, Provincial and Municipal Governments to address the issue of affordable housing. He asked whether there has been progress on this and what the status on this was. Mayor Read advised on work being on the issue of affordable housing. Mr. McKenzie expressed concern for the persons at Anita Place and asked whether something can be set up to allow people living there to warm themselves. He advised on his experiences when visiting with persons living at the camp. Council Meeting Minutes December 5, 2017 Page 14 of 14 Note: Councillor Robson left the meeting at 8:51 p.m. Mayor Read advised on work being done through a number of City resources with regard to connecting with persons residing at Anita Place. She also advised on services to be provided by BC Housing to ensure that life safety issues will be addressed. 1600 ADJOURNMENT – 8:53 p.m. _______________________________ N. Read, Mayor Certified Correct ___________________________________ L. Darcus, Corporate Officer City of Maple Ridge SPECIAL COUNCIL MEETING MINUTES November 21, 2017 The Minutes of the Special City Council Meeting held on November 21, 2017 at 5:01 p.m. in the Blaney Room of the City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. 0BPRESENT Elected Officials Appointed Staff Mayor N. Read P. Gill, Chief Administrative Officer Councillor C. Bell K. Swift, General Manager of Parks, Recreation & Culture Councillor Duncan F. Quinn, General Manager of Public Works and Councillor B. Masse Development Services Councillor G. Robson L. Darcus, Manager of Legislative Services Councillor Speirs B. Elliott, Manager of Community Planning ABSENT Councillor Shymkiw Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca 1.0 CALL TO ORDER 2.0 APPROVAL OF THE AGENDA It was moved and seconded That the agenda for the November 21, 2017 Special Council Meeting be approved. CARRIED 3.0 NOTICE OF CLOSED COUNCIL MEETING It was moved and seconded That the meeting following this meeting at 6:00 p.m. be closed to the public pursuant to Sections 90 (1) and 90 (2) of the Community Charter as the subject matter being considered relates to the following: Special Council Meeting Minutes November 21, 2017 Page 2 of 2 Section 90(1)(e) The acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure might reasonably be expected to harm the interests of the municipality; Section 90(2)(b) The consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government. Any other matter that may be brought before the Council that meets the requirements for a meeting closed to the public pursuant to Sections 90 (1) and 90 (2) of the Community Charter or Freedom of Information and Protection of Privacy Act. CARRIED 4.0 ADJOURNMENT – 5:02 p.m. _______________________________ N. Read, Mayor Certified Correct ___________________________________ L. Darcus, Corporate Officer City of Maple Ridge SPECIAL COUNCIL MEETING MINUTES December 12, 2017 The Minutes of the City Council Meeting held on December 12, 2017 at 8:45 p.m. in the Blaney Room of City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. 0BPRESENT Elected Officials Appointed Staff Mayor N. Read P. Gill, Chief Administrative Officer Councillor C. Bell K. Swift, General Manager of Parks, Recreation & Culture Councillor K. Duncan F. Quinn, General Manager Public Works and Development Councillor B. Masse Services Councillor T. Shymkiw C. Nolan, Interim Director of Finance Councillor C. Speirs L. Darcus, Manager of Legislative Services Other staff as required ABSENT C. Carter, Director of Planning Councillor G. Robson B. Elliott, Manager of Community Planning D. Pollock, Municipal Engineer T. Thompson, Manager of Financial Planning Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca The meeting was live streamed and recorded by the City of Maple Ridge Note: Councillor Shymkiw attended the meeting through conference call. 1.0 CALL TO ORDER 2.0 APPROVAL OF THE AGENDA R/2017-638 It was moved and seconded That the agenda for the December 12, 2017 Special Council Meeting be approved as circulated. CARRIED Special Council Meeting Minutes December 12, 2017 Page 2 of 2 3.0 REPORTS AND RECOMMENDATIONS 3.1 Development Cost Charges Imposition Bylaw Staff report dated December 12, 2017 recommending that Maple Ridge Development Cost Charges Imposition Bylaw No. 7320-2017 be given second and third readings and be sent to the Ministry of Community Services for review and approval by the Inspector of Municipalities. R/2017-639 It was moved and seconded That Bylaw No. 7320-2017 be given second and third readings and be sent to the Ministry of Community Services for review and approval by the Inspector of Municipalities. CARRIED Councillors Shymkiw, Councillor Speirs - OPPOSED 4.0 ADJOURNMENT – 8:57 p.m. _______________________________ N. Read, Mayor Certified Correct ___________________________________ L. Darcus, Corporate Officer 402 Minutes of the Public Hearing 402 City of Maple Ridge PUBLIC HEARING December 5, 2017 The Minutes of the Public Hearing held in the Council Chamber of City Hall, 11995 Haney Place, Maple Ridge, British Columbia on December 5, 2017 at 7:00 p.m. ____________________________________________________________________________ PRESENT Elected Officials Appointed Staff Mayor N. Read P. Gill, Chief Administrative Officer Councillor C. Bell L. Darcus, Manager of Legislative Services Councillor K. Duncan C. Carter, Director of Planning Councillor B. Masse A. Kopystynski, Planner 2 Councillor G. Robson D. Hall, Planner 2 Councillor C. Speirs ABSENT Councillor T. Shymkiw ______________________________________________________________________________ Note: Councillor Robson was not in attendance at the start of the meeting. Mayor Read called the meeting to order. The Manager of Legislative Services explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on December 5, 2017. The Mayor then called upon Planning Department staff to present the following items on the agenda: 1) 2017-396-RZ, 23782 and 23810 River Road Maple Ridge Zone Amending Bylaw No. 7403-2017 802 GENERAL INDUSTRIAL M-2, Section 1) PRINCIPAL USES be amended by adding the following new clause at the end of this section: i) Off Street parking use shall be permitted at 23782 and 23810 River Road The Manager of Legislative Services advised that no correspondence was received on this item. Public Hearing Minutes December 5, 2017 Page 2 of 3 A. Kopystynski, Planner gave a power point presentation providing the following information: • Application Information • Subject Map • Official Community Plan Context • Neighbourhood Context • Site Characteristics • Development Proposal • Proposed Subdivision Plan • Terms and Conditions The Mayor called for speakers three times. There being no comment, the Mayor declared this item dealt with. 2) 2015-155-RZ, 23702 132 Avenue Lot 4 South East Quarter Section 28 Township 12 New Westminster District Plan 2637 Maple Ridge Official Community Plan Amending Bylaw No. 7172-2015 To amend Silver Valley Area Plan Figure 2 and Figure 3C from Conservation, Open Space, Low Density Residential and Med/High Density Residential to Low Density Residential and Conservation To amend Silver Valley Area Plan Figure 4: Trails/Open Space to remove from Conservation, to add to Conservation, and to remove from Open Space Maple Ridge Zone Amending Bylaw No. 7173-2015 To rezone from RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban (Medium Density) Residential). The current application is to permit a future subdivision of approximately 16 lots The Manager of Legislative Services advised that no correspondence was received on this item. D. Hall, Planner gave a power point presentation providing the following information: • Application Information • Subject Map • Official Community Plan Context • Neighbourhood Context • Site Characteristics • Development Proposal • Proposed Site Plan • Terms and Conditions The Mayor called for speakers three times. There being no comment, the Mayor declared this item dealt with. Public Hearing Minutes December 5, 2017 Page 3 of 3 3) 2014-039-RZ, 12040 240 Street Lot 20 Section 22 Township 12 New Westminster District Plan25968 Maple Ridge Official Community Plan Amending Bylaw No. 7397-2017 To amend Schedule “B” of the Official Community Plan from Estate Suburban Residential to Commercial and to amend the Urban Area Boundary Maple Ridge Zone Amending Bylaw No. 7089-2014 To rezone from RS-3 (One Family Rural Residential) to C-2 (Community Commercial). The current application is to permit the future construction of a two storey mixed use building The Manager of Legislative Services advised that no correspondence was received on this item. A. Kopystynski, Planner gave a power point presentation providing the following information: • Application Information • Subject Map • Official Community Plan Context • Neighbourhood Context • Site Characteristics • Development Proposal • Site Plan • Exterior Design • Rendering and Landscape Plan • Environmental and Agricultural Buffer • Terms and Conditions The Mayor called for speakers three times. There being no comment, the Mayor declared this item dealt with. Having given all those persons whose interests were deemed affected by the matters contained herein a chance to be heard, the Mayor adjourned the Public Hearing at 6:16 p.m. ____________________________ N. Read, Mayor Certified Correct ______________________________ L. Darcus, Corporate Officer 700 ITEMS ON CONSENT 700 701 Minutes 701 701.1 Development Agreements Committee 701.1 701.2 Minutes of Meetings of Committees and Commissions of Council 701.2 702 Reports 702 Page 1 of 2 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: Jan. 16, 2018 and Members of Council FILE NO: T21-212-003 FROM: Interim Director of Finance MEETING: Council SUBJECT: Adjustments to 2017 Collector’s Roll EXECUTIVE SUMMARY: BC Assessment (BCA) has revised the assessed value for the 2017 Collector’s Roll through the issuance of Supplementary Roll 7. The Collector is required to make all the necessary changes to the municipal tax roll records and reports these adjustments to Council. RECOMMENDATION: For information only DISCUSSION: a)Background Context: One folio was adjusted: An appeal filed with the Property Assessment Appeal Board resulted in an adjustment to the assessed value of a business to more accurately reflect the true value. (Municipal tax revenue changes: Decrease in Class 6 (Business) $11,490) b)Business Plan/Financial Implications: There is a total decrease of $ 11,490 in municipal tax revenue for 2017. 702.1 Page 2 of 2 CONCLUSIONS: An adjustment by BCA resulted in a decrease of $1,051,000 to the Commercial assessment base for 2017. This report dated Jan. 16, 2018 is submitted for information and is available to the public. “Original signed by Silvia Rutledge” ______________________________________________ Prepared by: Silvia Rutledge Manager of Revenue & Collections “Original signed by Catherine Nolan” _____________________________________________ Approved by: Catherine Nolan, CPA, CGA Interim Director of Finance “Original signed by Paul Gill” _____________________________________________ Concurrence: Paul Gill, BBA, CGA Chief Administrative Officer City of Maple Ridge TO:Her Worship Mayor Nicole Read MEETING DATE:January 16,2018 and Members of Council FROM:Chief Administrative Officer MEETING:Council SUBJECT:Disbursements for the month ended November 30, 2017 EXECUTIVE SUMMARY: The disbursements summary for the past period is attached for information.All voucher payments are approved by the Mayor or Acting Mayor and a Finance Manager.Council authorizes the disbursements listing through Council resolution. Expenditure details are available by request through the Finance Department. RECOMMENDATION: That the disbursements as listed below for the month ended November 30, 2017 be received for information only. GENERAL $5,384,968 PAYROLL $1,900,508 PURCHASE CARD $84,446 $7,369,922 DISCUSSION: a)Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. b)Community Communications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. 702.2 c)Business Plan / Financial Implications: Highlights of larger items included in Financial Plan or Council Resolution Drake Excavating (2016) Ltd –263 St water pump station project $163,604 G.V. Water District –Water consumption Aug 2 –Aug 29/17 $1,000,296 Ridge Meadows Recycling Society –monthly contract for recycling $203,709 d)Policy Implications: Corporate governance practice includes reporting the disbursements to Council monthly . CONCLUSIONS: The disbursements for the month ended November 30, 2017 have been reviewed and are in order. Original signed by Andy Dhah ______________________________________________ Prepared by:Andy Dhah Accounting Clerk II Original signed by Trevor Thompson _______________________________________________ Approved by:Trevor Thompson,BBA,CPA,CGA Manager of Financial Planning Original signed by Catherine Nolan _______________________________________________ Approved by:Catherine Nolan, CPA, CGA Interim Director of Finance Original signed by Paul Gill _______________________________________________ Concurrence:Paul Gill, BBA,CPA,CGA Chief Administrative Officer VENDOR NAME DESCRIPTION OF PAYMENT AMOUNT AFN Enterprises Inc Security refund 192,516 Associated Engineering (BC) Ltd 225 Street forcemain upgrade 30,918 BC Hydro Electricity 133,568 BC SPCA Contract payment - Nov 29,190 CUPE Local 622 Dues - pay periods 17/22 & 17/23 26,672 Campton Services Corp Security refund 15,000 Chevron/Parkland Refining Gasoline & diesel fuel 69,682 Cobing Building Solutions Electrical/Mechanical Maintenance: City Hall 4,796 Hammond Community Centre 1,586 Lawn Bowling Club 422 Leisure Centre 1,697 Library 609 Neighbourhood Park 3,997 Operations 173 RCMP 1,691 The Act 3,924 Whonnock Lake Community Centre 2,207 21,104 Custom Air Conditioning Ltd Supply & install 3 ton water source heat pump 15,708 Drake Excavating (2016) Ltd 263 St water pump station project 163,604 Fitness Edge Contracted service provider - fitness classes & programs 32,295 Fraser River Pile & Dredge Inc Port Haney Wharf - maintenance repairs 31,500 Fraser Valley Regional Library Annual capital replacement funding 40,000 Greater Vanc Water District Water consumption August 2 - August 29/17 1,000,296 Barnston pump station 50,418 1,050,714 Guillevin International Inc Firefighter equipment 14,569 Firefighter protective wear 951 Operations electrical supplies 1,356 Street light fixtures 56,362 73,238 Hallmark Facility Services Inc Janitorial services & supplies: City Hall 3,496 Firehalls 4,643 Library 4,370 Operations 4,151 Randy Herman Building 4,861 RCMP 4,151 25,672 Harj Enterprises Ltd Security refund 16,037 Industra Construction Corp McNutt Road reservoir expansion 78,341 Interprovincial Traffic Serv Pedestrian cross walk LED sign 62,636 Jacks Automotive & Welding Fire Dept equipment repairs 19,914 Karton, Michael Security refund 22,950 Kerr Wood Leidal Associates Princess Street storm water upgrade 10,840 Integrated storm water management planning & stream monitoring 11,913 22,753 Lafarge Canada Inc Roadworks material 26,555 Manulife Financial Employer/employee remittance 147,866 Maple Ridge & PM Arts Council Arts Centre contract payment 54,167 Canada 150 Grant 16,000 Program revenue - Oct 3,673 73,840 Maple Ridge Chrysler 1972 Ltd Two RAM 1500 SLT crew cab 4x4 trucks 90,402 McElhanney Consulting Services 117 Ave road improvements 18,638 232 St sidewalk (132 Ave to Silver Valley Road)54,198 72,835 Medical Services Plan Employee medical & health premiums 41,475 Municipal Pension Plan BC Employer/employee remittance 493,306 North Of 49 Enterprises Ltd Contracted service provider - skating lesson programs 18,231 Now Solutions Inc Payroll software annual license 77,778 Opus International Consultants Albion reservoir expansion 89,764 Inflow & infiltration reduction program 4,037 93,802 Province Of BC - 21312 2017 school tax remittance 37,169 RF Binnie & Associates Ltd Merkley Park synthetic sports field design 8,494 Telosky Stadium design 13,236 Arthur Peake Centre design 31,275 53,005 Receiver General For Canada Employer/Employee remittance PP17/22 & PP17/23 625,980 RG Arenas (Maple Ridge) Ltd Ice rental - Oct 98,522 Curling rink operating expenses - Oct 7,555 Third surface insurance 6,983 113,059 CITY OF MAPLE RIDGE MONTHLY DISBURSEMENTS - NOVEMBER 2017 VENDOR NAME DESCRIPTION OF PAYMENT AMOUNT Ridge Meadows Recycling Society Monthly contract for recycling 203,709 Weekly recycling 685 Litter pickup contract 990 Toilet rebate program 183 Roadside waste disposal 53 205,619 Rogers Cellular devices Oct & Nov 15,994 Seal Tec Industries Ltd Rubber crack sealing 18,523 Stantec Consulting Ltd 270A Street reservoir & pump station 84,510 Stewart McDannold Stuart Professional fees 43,347 The Get Go Inc. (GGI)Traffic control 18,298 Tundra Plumbing Ltd Maintenance: Firehalls 612 City Hall 2,246 Leisure Centre 1,687 Library 3,087 Neighbourhood Parks 12,580 Operations 1334 Randy Herman Building 874 RCMP 1,291 23,711 Warrington PCI Management Advance for Tower common costs 60,000 Westridge Security Ltd Community security patrols - Oct 18,598 Downtown Core patrols - Oct 3,011 Security guard 437 22,046 Disbursements In Excess $15,000 4,631,363 Disbursements Under $15,000 753,605 Total Payee Disbursements 5,384,968 Payroll PP17/23 & PP17/24 1,900,508 Purchase Cards - Payment 84,446 Total Disbursements November 2017 7,369,922 Page 1 of 2 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FROM: Chief Administrative Officer MEETING: Council SUBJECT: Intermunicipal Business Licence Update EXECUTIVE SUMMARY: The purpose of this report is to give Council an update on the Intermunicipal Business Licence (IMBL) program of which the City of Maple Ridge is a founding member. As a founding member, the City of Maple Ridge has been participating in the Fraser Valley Intermunicipal Business Licence program since 2013. The IMBL program is now well established and had been operating successfully. The IMBL committee has been meeting regularly to discuss the effectiveness of the program and to explore methods of improving and expanding the program. Provincial representatives from The Ministry of Small Business attend most of these meetings. In late 2017, the Fraser Valley committee met with members of the Metro West committee. Metro West includes Vancouver, Burnaby and New Westminster. At that meeting it was agreed to hold a lengthier meeting in 2018 in order have sufficient time to review current practices and to explore the possibilities for amalgamation and to expand the eligibility for the program. The Province has agreed to be in attendance at this meeting as well. The meeting is scheduled for February of this year. It is anticipated that these discussions will result in recommendations on the most appropriate model for cooperation among the IMBL programs RECOMMENDATION(S): This report on the Intermunicipal Business License Program is for information purposes only. DISCUSSION: a)Background Context: Prior to the implementation of the Intermunicipal Business Licence Pilot Program, non-resident (mobile) trade contractor businesses were required to obtain a business licence from their home municipality in which they were based, as well as purchase a non-resident business licence from each municipality in which they operated. Under the Intermunicipal Business Licence Program, the participating municipalities have agreed to allow non-resident (mobile) trade contractor businesses from within the participating municipalities to operate in their municipality on the basis of one Intermunicipal Business Licence purchased from their home municipality. The cost of the IMBL is $250 annually, and each mobile trade business is still required to purchase a resident business licence from their home municipality. The revenue generated from sales of Intermunicipal Business Licences is shared among the participating municipalities. The initial Fraser Valley Intermunicipal Business Licence Pilot Program was adopted for one year and was set to expire on December 31, 2013. On October 3, 2013 the IMBL Committee conducted a review of the existing pilot to determine if the Fraser Valley Intermunicipal Business Licence program was meeting the needs of the municipalities and businesses and whether the 702.3 Page 2 of 2 program should be continued. Upon further discussion, it was determined that additional time was required to allow for a more comprehensive review of the program and therefore, with participating Councils’ approval, the initial one year pilot program was extended for an additional two years expiring on December 31, 2015. During the two year pilot extension, the IMBL Committee has worked closely with the Province’s Small Business Branch to ensure the successful development of an Intermunicipal Business Licence Program taking into consideration the addition of other municipalities to the program, developing a more sustainable revenue sharing formula, and expanding the eligible business types. As a result of this review, the IMBL was permanently instituted and all participating municipalities passed a bylaw to adopt this program. The IMBL program is now well established. Currently the list of municipalities participating in the Fraser Valley IMBL Program include the Township of Langley, City of Langley, City of Abbotsford, City of Surrey, City of Maple Ridge, City of Pitt Meadows, District of Mission, District of Delta, City of Chilliwack and the District of Hope. Other jurisdictions have also implemented IMBL programs which include Metro, North Shore and the Tri-Cities. Initial discussions have been held to discuss the most appropriate model for cooperation among the IMBL programs. The first meeting in 2018 will only include Metro and Fraser Valley to solidify a common approach. Subsequent to this, the two groups will then reach out to the Tri-Cities and North Shore to solicit interest in an expanded model. CONCLUSIONS: The IMBL Committee will continue working closely with the Province’s Small Business Branch to ensure the ongoing delivery of a successful Intermunicipal Business Licence Program. Consideration will also be given to the addition of other municipalities into the program, developing a sustainable revenue sharing formula, and expanding the eligible business types. A future report will be provided to Council as these initiatives are advanced. “Original signed by R. MacNair” _______________________________________________ Prepared by: R. MacNair Manager of Bylaw and Licencing Services “Original signed by Lino Siracusa” _______________________________________________ Reviewed by: Lino Siracusa Manager of Economic Development “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng General Manager: Public Works and Development Services “Original signed by Paul Gill” ________________________________________ Concurrence: Paul Gill, CPA, CGA Chief Administrative Officer /rm 800 Unfinished Business 800 Page | 1 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Council SUBJECT: Falcon Homes – Amendments to Purchase and Sale Agreement EXECUTIVE SUMMARY: At the August 31, 2015 Closed Meeting, Council approved the terms of the Purchase and Sale Agreement (PSA) between the City and Falcon Homes Ltd. (Falcon) for the 3.04 acre City-owned Town Centre lands and staff were directed to initiate and complete the process for disposition as per the Community Charter requirements. Falcon requested that the original PSA be amended in May 2017 to accommodate revisions to the phasing of the development and the timing of the payments to the City, and to capture new conditions as required to move the development forward. As per legal counsel, the amended PSA was included as an appendix to the Rezoning Amendment Report approved by Council on June 13, 2017. This first amendment to the PSA is included as Appendix C. In October 2017, Falcon requested that a second amendment to the PSA be drafted to facilitate the rezoning process. For simplicity a single omnibus covenant has been drafted to include all legal restrictions to be registered immediately as per Council recommendations. This second Amendment is included as Appendix D. Both City staff and legal counsel have reviewed the two amending documents and to ensure compliance with Community Charter provisions, are recommending approval of the first amending document and the second amending document. RECOMMENDATIONS: That the first amendment to the Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. dated May 21, 2017 be approved and that the Corporate Officer be authorized to execute the agreement. That the second amendment to the Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. dated November 22, 2017 be approved and that the Corporate Office be authorized to execute the agreement. CONCLUSION: The first phase of the Falcon Home development has sold out and the company is accelerating its efforts to bring forward the subsequent phases for sale and development. The City continues to work with Falcon Homes to ensure that Council’s original goals and objectives for the Town Centre lands are met and that the development is delivered in as timely and efficient manner as possible. Both amendments to the original Purchase and Sale Agreement have been prepared by the City’s 801 Page | 2 legal counsel to ensure that the City’s long term interests in both the sale of the properties and their respective development are met. “Original signed by Darrell Denton”__ Prepared by: Darrell Denton Property & Risk Manager “Original signed by Laura Benson” Approved by: Laura Benson Corporate Officer “Original signed by Frank Quinn” Approved by: Frank Quinn General Manager: Public Works & Development Services “Original signed by Paul Gill”__ Concurrence: Paul Gill Chief Administrative Officer Appendixes: Appendix A: Purchase and Sale Agreement – August 27, 2015 Appendix B: Report to Closed Council – August 31, 2015 (released) Appendix C: Amendment to Purchase and Sale Agreement – May 21, 2017 Appendix D: Amendment to Purchase and Sale Agreement – November 22, 2017 APPENDIX A City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: August 31, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Closed SUBJECT: City-Owned Town Centre Lands – Approval of Purchase and Sale Agreement EXECUTIVE SUMMARY: The purpose of this report is to seek Council’s approval of the Purchase and Sale Agreement for the sale of the City-owned Town Centre Lands and to proceed with the public process for the disposition of the municipal property. On December 15, 2010, the City of Maple Ridge completed the purchase of 14 properties located between Haney Place Mall and ValleyFair Mall - a development site that encompassed 3.04 acres. The City’s cost for the property including acquisition costs, demolition of the existing homes and preliminary environmental remediation amounted to about $4 million dollars. In October 2014, a Request for Proposals was released and in April of 2015, Council directed staff to proceed with discussions and negotiations with the lead proponent, Falcon Homes. The Business Terms and Conditions reached with Falcon were approved by Council on July 20, 2015. The Purchase and Sale Agreement incorporating the Council-approved terms and conditions has been completed and approved by Falcon Homes and is attached as an appendix to this report. RECOMMENDATION(S): 1.That the Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. for the City’s 3.04 acre Town Centre Lands and reflecting the Business Terms and Conditions as presented to Council on July 20, 2015 be approved. 2.That staff be directed to initiate and complete the process for disposal of municipally-owned land for the City of Maple Ridge’s 3.04 acre Town Centre Lands as required under Sections 26 and 94 of the Community Charter. DISCUSSION: a)Background Context: On December 15, 2010, the City of Maple Ridge completed the purchase of 14 properties located between Haney Place Mall and ValleyFair Mall - a development site encompassing 3.04 acres which cost the City about $4 million dollars. Staff prepared and released a Request for Proposals (RFP) on October 6, 2014, which closed on January 16, 2015. In April of 2015, staff presented an overview of the RFP submissions for 1 | Page APPENDIX B Council’s consideration and identified Falcon Homes as the primary proponent. From this presentation, Council directed staff to “enter into discussions and negotiations with the lead proponent (Falcon Homes) with a view to arriving at a mutual understanding of the key business points to be included in a formal Letter of Intent and that staff report back to Council on the outcome of that process.” The key business terms that staff arrived at were approved by Council on July 20, 2015. The July 20, 2015 report is included as an attachment to this report (Appendix A). The business terms were incorporated into a formal Purchase and Sale Agreement (PSA) which is attached as Appendix B for Council’s consideration for approval. b)Desired Outcome The desired outcome is for approval by Council of the Purchase and Sale Agreement such that staff can initiate and complete the process for disposal of the City of Maple Ridge’s 3.04 acre Town Centre Lands as required under Sections 26 and 94 of the Community Charter. c)Citizen/Customer Implications: City-owned land is an asset of the taxpayers of Maple Ridge. Proactive utilization of this asset will positively enhance the community as a whole, influencing the creation of a special neighbourhood, generating new jobs, greater tax revenues, supporting complementary businesses, and producing greater overall awareness of the community as a whole. While the City’s initial clean-up of the development site was viewed as very positive step for the community at large, there is the potential to develop something unique that blends in with, and supports, the surrounding neighborhood. As such, careful consideration was exercised to ensure that the Purchase and Sale Agreement as negotiated with Falcon Homes leads to a final development that is befitting its true potential. d)Interdepartmental Implications: This initiative will continue to require cooperation and direct collaboration among Planning, Engineering, Parks and Leisure Services, Financing, Property & Risk Management and Economic Development as well as the City’s Corporate Management Team. e)Business Plan/Financial Implications: There will be direct business plan implications for the 2016 – 2020 planning cycles for the departments involved and it should be expected that if the decision is made to approve the Purchase and Sale Agreement that the proposed development will consume staff resources from within each department. In addition, this initiative may generate some direct costs as related to appraisals of the various properties, outside consultant costs, legal costs and specific feasibility studies (or the like) if deemed warranted. f)Policy Implications: While this particular development site falls within the well-defined and articulated Town Centre Area Plan, it is possible that certain parcels contained within the site may be subject to either re-zoning or Official Community Plan amendments. Alternatives: Council may wish to defer the disposition of the City-owned Town Centre Lands to a later date. 2 | Page CONCLUSIONS: Given the quality of the Falcon Homes RFP submission, coupled with the close alignment of the City’s development objectives with the negotiated business terms, the recommendation is to approve the attached Purchase and Sale Agreement and to proceed with the public disposition process for the municipal property. “Original signed by Darrell Denton”___________________ Prepared by: Darrell Denton Property and Property Manager “Original signed by Frank Quinn” ____________________ Approved by: Frank Quinn, MBA, P. Eng General Manager, Public Works and Development Services “Original signed by Frank Quinn” for Concurrence: Paul Gill, BBA, CGA General Manager: Corporate & Financial Services Acting Chief Administrative Officer Appendix A: July 20, 2015 - Closed Council Report Appendix B: Purchase and Sale Agreement dated August 27, 2015 between the City of Maple Ridge and Falcon Homes Ltd. 3 | Page Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG AMENDMENT OF PURCHASE AND SALE AGREEMENT THIS AMENDMENT AGREEMENT made as of May 21, 2017. BETWEEN: CITY OF MAPLE RIDGE, 11995 Haney Place, Maple Ridge, BC, V2X 6A9 (the “City”) AND: FALCON VILLAGE DEVELOPMENT LTD., a company incorporated in British Columbia under No. BC1106837, having a registered office at c/o Fleming Olson Taneda & MacDougall, 4038 - 200B Street, Langley, BC, V3A 1N9 (the “Developer”) WHEREAS: A.Pursuant to an Agreement of Purchase and Sale dated for reference August 27, 2015 between the City and Falcon Homes Ltd, as assigned by a assignment and assumption agreement between the City, Falcon Homes Ltd., and the Developer dated for reference February 22, 2017 (collectively the “Purchase Agreement”), the City agreed to sell and the Developer agreed to purchase 14 parcels of land located on 227th St. between 119th Ave. and Selkirk Avenue in the Municipality of Maple Ridge as more particularly described in the Purchase Agreement. B.The City and the Developer have agreed to amend the Purchase Agreement as set out herein. NOW THEREFORE the Developer and the City, in consideration of the payment of $1.00 by the Developer to the City, the promises exchanged in this Agreement , and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, covenant and agree with each other as follows: 1.DEFINITIONS Capitalized terms not otherwise defined herein will have the meaning assigned to them in the Purchase Agreement. APPENDIX C - 2 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG 2. RATIFYING AND REVIVING PURCHASE AGREEMENT The parties hereby confirm that the Purchase Agreement is revived, ratified and for all purposes is a firm contract binding on each of the parties. 3. AMENDMENTS TO PURCHASE AGREEMENT The Purchase Agreement is hereby amended as follows: (1) The definition of “Lands” in section 1.1(n) is deleted and replaced with the following: (n) “Lands” means all of the following properties in the City of Maple Ridge, and all improvements thereto, legally described as follows: PID: 009-280-618 Lot “A” District Lot 401 Group 1 NWD Plan 22418 except part in Plan EPP65495 PID: 009-280-642 Lot “B” District Lot 401 Group 1 NWD Plan 22418 except part in Plan EPP65495 PID: 009-280-685 Lot “C” District Lot 401 Group 1 NWD Plan 22418 except part in Plan EPP65495 NO PID That closed portion of lane shown as Remainder Lot B on Survey Plan EPP65495 attached hereto as Schedule “D” (hereinafter called “Closed Road Lot B”) (the above four lots together hereinafter called “Phase 1 Lands”) PID: 003-047-024 Lot 13 Parcel “D” District Lot 401 Group 1 NWD Plan 7997 except part in Plan EPP65495 PID: 011-298-235 Lot 14 Parcel “D” District Lot 401 Group 1 NWD Plan 7997 except part in Plan EPP65495 PID: 005-171-563 Lot 15 District Lot 401 Group 1 NWD Plan 7997 except part in Plan EPP65495 PID: 005-113-121 Lot 16 District Lot 401 Group 1 NWD Plan 7997 except part in Plan EPP65495 NO PID That closed portion of lane shown as Remainder Lot A on Survey Plan EPP65495 attached hereto as Schedule “D” (hereinafter called “Closed Road Lot A”) - 3 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG (the above five lots together hereinafter called “Phase 2 Lands”) PID: 011-418-796 Lot 5 District Lot 401 Group 1 NWD Plan 9236 except part in Plan EPP65495 PID: 011-418-800 Lot 6 District Lot 401 Group 1 NWD Plan 9236 except part in Plan EPP65495 (the above two lots together hereinafter called “Phase 3 Lands”) PID: 011-381-604 Lot 15 District Lot 401 Group 1 NWD Plan 9190 except part in Plan EPP65495 PID: 002-605-708 Lot 16 District Lot 401 Group 1 NWD Plan 9190 except part in Plan EPP65495 PID: 011-381-612 Lot 17 District Lot 401 Group 1 NWD Plan 9190 PID: 011-381-663 Lot 18 District Lot 401 Group 1 NWD Plan 9190 PID: 011-381-671 Lot 19 District Lot 401 Group 1 NWD Plan 9190 (the above five lots together hereinafter called “Phase 4 Lands”) (2) Section 1.1(q) is amended by removing the word “five” in the first line and replacing it with “four”; (3) By inserting the following new subsections in 1.1, and renumbering the following sub sections accordingly: (u) “Road Closure Bylaw” means a bylaw of the City of Maple Ridge closing to traffic those parts of the public laneway dedicated by Plans 9190 and 9236 shown as ‘Lot A’ and ‘Lot B’ as shown on the Road Closure Plan and removing their dedication as highway pursuant to section 40 of the Community Charter (British Columbia); (v) “Road Closure Plan” means that Reference Plan EPP65494 accompanying the Road Closure Bylaw, a copy of which is attached hereto as Schedule “D”; (w) “Road Dedication Plan” means that Reference Plan EPP65495, a copy of which is attached hereto as Schedule "E”; - 4 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG (x) “S. 219 Covenant” means a covenant under s. 219 of the Land Title Act to be granted by the Developer to the City on the Completion Date for each Phase, having the terms set out in Schedule “F”; (y) “SRW for Access” means a statutory right of way under s. 218 of the Land Title Act, to be granted by the City to itself on the Completion Date over all of the Lands for pedestrian and first responder access, having the terms set out in Schedule “H”. (4) Section 2.1 is amended by removing the word “five” in the third line and replacing it with “four”; (5) By inserting a new section 2.2A as follows: 2.2.A S. 219 Covenant – Concurrently with the Completion of the transfer for the Developer of fee simple title to the lands in each Phase, the Developer and the City will enter into, and the Developer will cause to be registered, the S. 219 Covenant with respect to the lands in that Phase. (6) Sections 2.3, 2.4, 2.5, 2.6, 2.7 and 2.8 are deleted and replaced with the following: 2.3 Completion Date for Phase 1 Lands – The Completion Date for the transfer of the Phase 1 Lands to the Developer will be June 9, 2017 or earlier. 2.4 Completion Date for Phase 2 Lands - The Completion Date for the transfer of the Phase 2 Lands will be the day that is 21 Days following the issuance of a building permit issued by the City’s Building Services Department for the Phase 2 Lands to the Developer but may not be later than June 22, 2018. 2.5 Completion Date for Phase 3 Lands - The Completion Date for the transfer of the Phase 3 Lands will be the day that is 21 Days following the issuance of a building permit issued by the City’s Building Services Department for the Phase 3 Lands to the Developer, but may not be later than May 4, 2019. 2.6 Completion Date for Phase 4 Lands - The Completion Date for the transfer of the Phase 4 Lands will be the day that is 21 Days following the issuance of a building permit issued by the City’s Building Services Department for the Phase 4 Lands to the Developer, but may not be later than April 30, 2020. 2.7 Road Closure, Road Dedication, SRW for Access, and Consolidation Plan – The Developer will be responsible, at its own cost and expense, for (a) deposit and registration of the Road Closure Bylaw, Road Closure Plan, and other LTO documents necessary to raise title to the laneway area in the name of the City; (b) arranging the execution and deposit of the Road Dedication Plan; - 5 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG (c) arranging the execution and registration of the SRW for Access over all the Lands; and (d) arranging the execution and deposit of Reference Plan EPP65496 (the “Consolidation Plan”, attached hereto as Schedule “G”), all for registration/deposit immediately prior to registering the Transfer for the Phase 1 Lands. The City will work in good faith with the Developer to obtain required signatures and approvals for the documents and plans described in this section. Because the effect of deposit of the Road Dedication Plan and the Consolidation Plan will be to change the legal description of the Phases 1, 2, 3 and 4 Lands, the parties agree that the Developer will take title to the Lands in each of the Phases as described by Plan EPP65496. 2.8 Purchase Price – The Developer and the City agree that Purchase Price for the Lands shall be as follows: Phase 1 Lands $1,582,750.00 Phase 2 Lands $1,582,750.00 Phase 3 Lands: $1,500,000.00 Phase 4 Lands $2,500,000.00 all excluding GST, PROVIDED HOWEVER that if the Completion Date for Phase 4 will take place after August 1, 2019, the Purchase Price for the Phase 4 Lands will be determined by the appraisal mechanism determined pursuant to section 2.9. If the Phase 4 Lands are appraised using the mechanism below, the Developer understands that the City will need to give public notice of disposition showing the revised purchase price. (7) Section 2.9 is amended by removing the phrase “either or both of the last two Phases to complete, as the case may be” and replacing it with “the Phase 4 Lands”; (8) Section 2.10 is amended by deleting subparagraphs 2.10(a)(i)(4) and (5) and replacing them with the following: (4) $400,000 for the Phase 4 Lands; (9) Section 2.11 is amended by inserting the following sentence at the end of the section: “The City will work in good faith with the Developer to obtain required signatures and approvals for the building permits described in this section.” - 6 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG (10) By inserting the following as a new section 3.1A: The obligation of the City and Developer to complete the transaction contemplated by this Agreement is subject to the fulfilment on or before June 2, 2017 of the Approving Officer having approved: (a) The Road Dedication Plan substantially in the form attached as Schedule “E”. The City and Developer agree that the condition precedent created by this section is for the benefit of both of them and cannot be waived. (11) By deleting subparagraphs 4.4(a)(i), (ii), and (iii) and replacing them with the following: (i) in the case of the Completion for Phase 1: 1. the application to deposit the Road Closure Plan signed by all parties except the City, along with a copy of the Road Closure Plan; 2. the application to deposit the Road Dedication Plan, signed by all parties except the City, along with a copy of the Road Dedication Plan; 3. the SRW for Access; 4. the application to deposit the Consolidation Plan signed by all persons required to sign it except for the City, along with a copy of the Consolidation Plan, and (ii) in the case of Completion for each and every Phase: 1. The Transfer; 2. The City’s statement of adjustments; 3. The Developer’s GST Certificate; 4. the Option to Purchase, and 5. the S. 219 Covenant, (12) By deleting section 4.4(b) in its entirety and replacing it with: (b) Before the Completion Date, the City will cause the City’s Solicitors to deliver to the Developer’s Solicitors: (i) in the case of the Completion for Phase 1: - 7 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG (1) one certified copy of the Road Closure Bylaw; (2) the signed application to deposit the Road Closure Plan; (3) The City’s certificate applying to cancel the Province’s right of resumption in Closed Road Lot A and Closed Road Lot B; (4) The signed application to deposit the Road Dedication Plan; (5) the SRW for Access, signed on behalf of the City; and (6) the signed application to deposit the Consolidation Plan; (ii) in the case of Completion for each and every Phase: 1. the Transfer, signed on behalf of the City; 2. the City’s statement of adjustments, signed on behalf of the City; 3. the Option to Purchase, signed on behalf of the City; and 4. the S. 219 Covenant, signed on behalf of the City to the Developer’s Solicitors, on undertakings satisfactory to the City’s Solicitors, acting reasonably. The Developer shall cause the Developer’s Solicitors to prepare all associated filing forms for the documents mentioned in this section. (13) By deleting Section 4.5 in its entirety and replacing it with the following: 4.5 Completion – On or before the Completion Date for a Phase, (a) forthwith after receipt by the Developer’s Solicitors of such payment f rom the Developer of the Purchase Price for that Phase as described in section 2.8, adjusted under section 4.3, and the documents listed in section 4.4(b) from the City’s Solicitors for that Phase, the Developer will cause the Developer’s Solicitors to apply to the LTO to deposit and register the documents listed in section 4.4(b) (except the City’s statement of adjustments) in the LTO as an all or nothing concurrent application; and (b) upon the Developer’s Solicitor being satisfied after deposit of the documents described in the 4.5(a) for registration in the LTO that, in the normal course of LTO routine, the Developer will be the registered owner in fee simple of the Lands in that Phase, subject only to the Permitted Encumbrances, the Developer will cause the Developer’s Solicitors to deliver a certified solicitor’s trust cheque for the adjusted Purchase Price for that Phase payable to the City directly to the City. - 8 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG The parties agree that all requirements of this section are concurrent requirements and that nothing will be Completed on the Completion Date of a phase until everything required to be done by this section for that Phase is done. (14) By deleting section 5.2 (g) in its entirety; and (15) Section 6.6 is amended by replacing the notice information for the Developer with the following: Falcon Village Development Ltd. #101-11862 226th Street Maple Ridge, BC V2X 9C8 fax number: 604-477-5575 Email Address: fred@falconhomes.com Attention: Fred Formosa (16) Section 6.14 is amending by adding the following references: Schedule D – Road Closure Plan Schedule E – Road Dedication Plan Schedule F – S. 219 Covenant Schedule G – Consolidation Plan Schedule H – SRW for Access (17) By changing all references in the Agreement to the “Re -Purchase Option” to be “Option to Purchase” 4. SCHEDULES TO PURCHASE AGREEMENT The Purchase Agreement is hereby further amended by (1) Replacing Schedule “A” with the page attached to this Agreement as Schedule “A”; (2) Replacing Schedule “B” with the pages attached to this Agreement as Schedule “B”; (3) in Schedule “C”, changing the legal name of the City on page 23, from “the Corporation of the City of Maple Ridge” to “City of Maple Ridge”; (4) Attaching as a new Schedule “D” the page attached to this Agreement as Schedule “D”; (5) Attaching as a new Schedule “E” the page attached to this Agreement as Schedule “E”; - 9 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG (6) Attaching as a new Schedule “F” the covenant terms attached to this Agreement as Schedule “F”; (7) Attaching as a new Schedule “G” the page attached to this Agreement as Schedule “G”; and (8) Attaching as a new Schedule “H’ the SRW terms attached to this Agreement as Schedule “H”. 5. CONFLICT The parties affirm and agree that the Purchase Agreement remains unchanged, except as amended herein. This Agreement will be read together with the Purchase Agreement as if the provisions of this Agreement and the Purchase Agreement were contained in one agreement. If there is any conflict or inconsistency between the provisions of this Agreement and the provisions of the Purchase Agreement, the provisions of this Agreement will prevail. 6. EFFECT All amendments in this Agreement take effect as of the date and year first written above. 7. ENUREMENT This Agreement will enure to the benefit of and be binding upon the parties and their respective successors and assigns. 8. TIME TO REMAIN OF THE ESSENCE Time shall remain of the essence in respect of the Purchase Agreement and this Agreement. 9. GOVERNING LAW This Agreement will in all respects be governed exclusively by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein and will be treated in all respects as a British Columbia contract. 10. COUNTERPARTS This Agreement may be signed in one or more counterparts, all of which together will constitute one and the same instrument, and any party may sign by utilizing facsimile transmission facilities. - 10 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG As evidence of their agreement to be bound by the terms, the parties have caused this Agreement to be signed and delivered under seal by their authorized signatories as of the dates set out below: CITY OF MAPLE RIDGE, by its authorized signatories: Mayor: Corporate Officer: Date FALCON VILLAGE DEVELOPMENT LTD., by its authorized signatories: Name: Date - 11 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG Schedule “A” PIDs: 009-280-618, 009-280-642, 009-280-685, Closed Road Lot B (Phase 1 Lands) With respect to Closed Road Lot B: the reservations and exceptions contained in Section 50 of the Land Act and section 35 of the Community Charter, in favour of the Crown in Right of British Columbia. Option to Purchase (as defined in s. 1.1(t)) S. 219 Covenant (as defined in s. 1.1(x) SRW for Access (as defined in s. 1.1(y) PIDs: 003-047-024, 011-298-235, 005-171-563, 005-113-121, Closed Road Lot A (Phase 2 Lands) With respect to Closed Road Lot A: the reservations and exceptions contained in Section 50 of the Land Act and section 35 of the Community Charter, in favour of the Crown in Right of British Columbia. Option to Purchase (as defined in s. 1.1(t)) S. 219 Covenant (as defined in s. 1.1(x) SRW for Access (as defined in s. 1.1(y) PIDs: 011-418-796, 011-418-800 (Phase 3 Lands) Option to Purchase (as defined in s. 1.1(t)) S. 219 Covenant (as defined in s. 1.1(x) SRW for Access (as defined in s. 1.1(y) PIDs: 011-381-604, 002-605-708, 011-381-612, 011-381-663, 011-381-671 (Phase 4 Lands) With respect to PID 011-381-1529 and 011-381-604: Undersurface Rights AB81529 With respect to PID 002-605-708: Undersurface Rights Y170450 Option to Purchase (as defined in s. 1.1(t)) S. 219 Covenant (as defined in s. 1.1(x) SRW for Access (as defined in s. 1.1(y) - 12 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG Schedule “B” Overall Development Proposal: The comprehensive re-development of the Town Centre Lands includes a total of five mixed- use buildings varying in height from five to six storeys, with a total residential yield of 215 units and approximately 4,693 m2 (50,512 ft2) of commercial floor space. The comprehensive development plan includes an underground parkade spanning the balance of the city block that will serve all future buildings. Two ramps to the underground parking structure will be accessed from the internal lane, Building and parkade construction will occur in four phases, beginning in the north-east corner and ending with the buildings along Selkirk Avenue . Amenity Spaces and Public Art: The centre of the block is proposed to be developed as a public plaza space that includes landscaped green spaces, public art, seating areas, water features and routes for non - motorized transportation. Patio space will have the potential to serve as an extension of the commercial space for outdoor seating. Public art will be incorporated into the central plaza space. Vehicular traffic will be restricted through the middle portion of the plaza to create a pedestrian and cycling friendly space. Space for a commercial 25 child daycare will also be provided within the development. By reference to sections 14 and 16 of the B.C. Child Care Licensing Regulation, this will require 150 m2. of indoor space (not including bathrooms, hallways etc.) and 150 m2. of outdoor space. If, due to change of legislation or other reason outside the control of the developer, the child care space as built does not meet the requirements for care of 25 children, the space must be used for child care purposes, and for the maximum number of children permitted according to the applicable legislation. Green Building Components: All of the proposed buildings will be constructed to a LEED Certified standard equivalency, although the formal certification process will not be pursued. The developer will be required to submit a Commissioner’s Report to the City one year after occupancy in the absence of the formal certification process. The following green building components are proposed to meet the LEED certification standard: • Low-impact development standards, including absorbent soils, naturalized landscaping and xeriscaping, and permeable surfaces • Rain water recovery systems • Organic waste facilities • Infrastructure for future alternative energy sources • Roof gardens and permeable paving to reduce impervious surfaces • Reduced indoor and outdoor water use through fixture selection and irrigation requirements - 13 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG • Optimize energy efficiency through fixture and appliance selection, extensive use of daylight, and maximized envelope performance. • Materials are environmentally, economically, and socially have preferable life -cycle impacts • Reduce construction water and divert materials wherever possible • Enhance indoor air quality, thermal comfort and overall well-being by: conducting air quality assessment, utilizing low-emitting materials, maximizing natural ventilation, offering individual control of air temperature, maximizing daylight and providing unobstructed views for the majority of living control of air temperatures, maximizing daylight and providing unobstructed views for the majority of living commercial spaces. • Electrical vehicle charging stations and Provision for Electrical Vehicles o Public: one Level 3 fast-charging receptacle located within the public surface parking area to be provided and wired to city power. o CRU tenants: install conduit to allow for one Level 2 charging receptacle per CRU unit. o Residents: install conduit to 10% of the parking stalls to allow for future Level 1 charging receptacles. Rental Housing: Both rental and accessible housing units will be provided in the proposed buildings. The number of rental units to 10% of the residential units in the project (21 total), with 50% of those being market rental and 50% being affordable non-market rental. The rental housing units will be subject to a perpetual Housing Agreement, which will permit the rental housing units to be sold but only to be occupied by a rente r as defined in the Housing Agreement. The breakdown is as follows: a. 5 rental units in Phase 1, being: i. 2 – two bedroom units, rented at market rate ii. 2 – three bedroom units, rented at market rate iii. 1 -two bedroom units, rented at affordable non-market rate, and fully accessible as described in the BC Building Code b. 4 rental units in Phase 2, being: i. 3 – one bedroom units, rented at market rate ii. 1 – 3 bedroom unit, rented at affordable non-market rate, and fully accessible as described in the BC Building Code c. 5 rental units in Phase 3 i. 2 – two bedroom units, rented at market rate ii. 2 – three bedroom units, rented at market rate iii. 1 – two bedroom units, rented at affordable non-market rate, and fully accessible as described in the BC Building Code - 14 - Q:\00039\0714\Agr-Cr-Amendment Of Psa-V3 (Clean).Docx Jun 02, 2017 9:33 AM/DG d. 7 affordable non-market units in Phase 4 i. 3 – two bedroom units, rented at affordable non-market rate ii. 4 – one bedroom units, rented at affordable non-market rate, with 2 of these being fully accessible as described in the BC Building Code For clarity, in the Housing Agreement for the 10 affordable non-market units, rent will be set at a maximum of 30% of average household income (as published by BC Housing or Stats Canada). Adaptable Housing: In addition to secured rental housing units, adaptable housing units will also be provided. The developer proposes to provide age-in-place measures following the SAFERhome standard for Multi-Storey Residential Towers, published by the Saferhome Standards Society. These measures include: • Thresholds (including doorways and showers) • Backing/reinforcement for future grab bars in washrooms and at stairs • Doors – as wide as possible; easily operated hardware (lever sets) • Passageways and pinch points • Shower control valves 10% of units will be constructed to this standard. Schedule “D” Schedule “E” Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG TERMS OF INSTRUMENT - PART 2 Section 219 Covenant THIS COVENANT dated for reference the ____ day of ______________, 201__, BETWEEN: FALCON VILLAGE DEVELOPMENT LTD., a company incorporated in British Columbia under No. BC1106837, having a registered office at c/o Fleming Olson Taneda & MacDougall, 4038- 200B Street, Langley, BC, V3A 1N9 (the “Developer”) AND: CITY OF MAPLE RIDGE, a municipality incorporated under the Community Charter, and having its office at 11995 Haney Place, Maple Ridge, BC, V2X 6A9 (“City”) WHEREAS: A. The Developer is the registered owner in fee simple of those lands and premises in Maple Ridge, British Columbia which are legally described in Item 2 of the Form C attached hereto ( “Lot ___”); B. Section 219 of the Land Title Act of British Columbia permits the registration of a covenant of a negative or positive nature in favour of a municipality, in respect of the use of land, the building on land, the subdivision of land and the preservation of land or a specific amenity on the land; C. The City, after a request for proposal process, sold Lot ___to the Developer on the condition that Lot ___ is developed in conformance with the Developer’s development proposal, including the provision of amenities for the development; D. [AMEND AS REQUIRED] An agreement on these same terms is also registered or is expected to be registered against another portion of this development being PID: ____, Lot ______, [list other three lots] and it is intended that this Agreement and the agreement registered on those other properties shall be read as one agreement and the defined term “Lands” includes those other properties together with Lot _____. E. The Developer wishes to grant and City wishes to accept these covenants over Lot ___restricting the use and subdivision of Lot ___in the manner herein provided; Schedule “F” Page 5 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG NOW THEREFORE in consideration of the premises and the covenants herein contained, the payment of the sum of One ($1.00) Dollar paid by City to the Developer, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree, pursuant to Section 219 of the Land Title Act of British Columbia as follows: Grant of Section 219 Covenant 1. The Developer hereby covenants, promises and agrees, pursuant to the Section 219 of the Land Title Act, as amended, that the Developer shall not subdivide, not build, use or not use Lot ___, as the case may be, and may not apply for a building permit or occupancy permit as the case may be, except as provided for in Attachment “1” attached hereto. Costs 2. The Developer shall comply with all the requirements of this Agreement at its own cost and expense. Construction Standards 3. All works and services required to be undertaken by the Developer pursuant to this Agreement shall be completed to City’s applicable bylaw standards for those works and services and to the satisfaction of City. Plans 4. Where a covenant, right of way or other document required by this Agreement requires a survey or other plan, the Developer shall be solely responsible, at its own cost, for preparation of the document, including the survey and the plan. Registration 5. The Developer agrees to do everything necessary, at the Developer’s expense, to ensure that this Agreement is registered against title to Lot ___with priority over all financial charges, financial liens and financial encumbrances that are registered, or the registration of which is pending at the time of application for registration of this Agreement, except those in favour of City. Page 6 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG Priority 6. Where any part of this Agreement requires the Developer to grant City a further covenant, statutory right of way or other interest in land as a condition of a subdivision or use of Lot ___, the Developer shall apply to register that document, at its own cost, in priority to all registered and pending financial charges. Severance 7. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of the Agreement. Runs with Lands 8. The covenants set forth herein shall charge Lot ___pursuant to Section 219 of the Land Title Act and shall be covenants the burden of which shall run with Lot ___and bind Lot ___ands and every part or parts thereof, and shall attach to and run with Lot ___and each and every part to which Lot ___may be divided or subdivided, whether by subdivision plan, strata plan or otherwise howsoever. The covenants set forth herein shall not terminate if and when a purchaser becomes the owner in fee simple of Lot ___, but shall charge the whole of the interest of such purchaser and shall continue to run with Lot ___and bind Lot ___and all future owners of Lot ___and any portion thereof. Other Development Requirements 9. The Developer acknowledges and agrees that this Agreement does not include all the requirements for development of Lot ___or any portion of Lot ___, and that prior to construction or other development work, the Developer must obtain all necessary development permits, development variance permits, building permits, and other required approvals from City. The Developer acknowledges and agrees that acceptance of this Agreement by City is not confirmation that permits and other approvals will be granted or given by City. Specific Relief 10. Because of the public interest in ensuring that all of the matters described in this agreement, and the provisions of all applicable laws, 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 Page 7 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG Columbia at the instance of the Municipality, in the event of an actual or threatened breach of this agreement. Indemnity 11. The Developer hereby releases, indemnifies and saves harmless City, its elected officials, officers, employees, agents and others for whom City is responsible at law from and against any and all manner of actions, causes of actions, claims, costs, expenses (including actual legal fees), losses, damages, debts, demands and harm, by whomsoever brought, of whatsoever kind and howsoever arising out of or in any way due to or relating to the granting or existence of this Agreement or the carrying out of the transactions contemplated by it. Interpretation 12. Wherever the singular or masculine or neuter is used in this Agreement, the same shall be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so require. Bylaw to the Contrary 13. This Agreement shall restrict the subdivision and use of Lot ___in the manner provided herein notwithstanding any right or permission to the contrary contained in any bylaw of City. Other Requirements 14. The Developer acknowledges that satisfaction of the conditions established by this Agreement does not relieve the Developer from complying with all enactments and lawful requirements in relation to the subdivision and use of Lot ___. Further Assurances 15. The parties hereto shall execute and do all such further deeds, acts, things, and assurances as may be reasonably required to carry out the intent of this Agreement. Waiver 16. Waiver by City of any default by the Developer shall not be deemed to be a waiver of any subsequent default. Page 8 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG Powers Preserved 17. Nothing contained or implied herein shall prejudice or affect the rights and powers of City in the exercise of its functions pursuant to the Local Government Act or the Community Charter or its rights and powers under all of its public and private statutes, bylaws, orders and regulations to the extent the same are applicable to Lot ___, all of which may be fully and effectively exercised in relation to Lot ___as if this Agreement had not been executed and delivered by the Developer. Enurement 18. This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns. Municipal Discretion 19. Wherever in this Agreement the approval of City is required, some act or thing is to be done to the satisfaction of City, or City is entitled to form an opinion or is given a sole discretion: (a) The relevant provision is not deemed fulfilled or waived unless the approval, opinion or expression of satisfaction is in writing signed by a representative of City; (b) The approval, opinion or satisfaction is in the discretion of City in its sole and unfettered discretion; and (c) City is under no public law duty of fairness or natural justice and may do any of those things in the same manner as if it were a private party and not a public body. References 20. Every reference to each party is deemed to include the heirs, executors, administrators, personal representatives, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party, wherever the context so requires or allows. City’s Representative 21. Any opinion, decision, act or expression of satisfaction or acceptance provided for in this Agreement may be taken or made by City’s Director of Planning or his/her delegate (“Planner”). Page 9 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG As evidence of their agreement to be bound by the terms of this instrument, the parties hereto have executed the Land Title Office Form C which is attached hereto and forms part of this Agreement. Page 10 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG ATTACHMENT “1” Siting and Development 1. All buildings and structures to be constructed or erected on the Lands shall be constructed or erected in compliance with the Design Guidelines, attached hereto as Attachment “2”. The City’s Planner is hereby authorized to approve minor amendments to the Design Guidelines provided that such amendments are consistent with the overall character and intent of the original Design Guidelines. All references to Phases in this Attachment “1” refer to the buildings to be built in phases as shown on the Design Guidelines. 2. The Lands shall not be occupied for residential purposes unless the Developer has constructed, installed and completed all trees, shrubs, flowers, structural soils or approved alternative, irrigation systems, screening, decorative pavers, decorative concrete, decorative brick, decorative lighting, water features, seating areas and other aesthetic features to be constructed and installed on the Lands, as shown on the Design Guidelines to the satisfaction of the Planner, on or before the date that is ninety (90) days following the substantial completion of all dwellings to be constructed on the Lands . 3. All vehicular traffic through the Lands will be prohibited except thro ugh the east-west corridor marked “Lane” on page DP1.2 of the Design Guidelines. 4. The Developer will make provision for routes for pedestrian, wheelchair and bicycle transportation through the development, including granting easements for passage over the Lands or common property as the case may be, to the satisfaction of the Planner. Public Art 5. The Lands shall not be occupied for residential purposes unless the Developer has provided one or more pieces of public art, such as statuary, to be situated on the Lands, at a minimum collective value of twenty thousand dollars ($20,000.00), to the satisfaction of the Planner. The Developer will inform the Planner of the exact number, situation and descriptions of the public art pieces, and the Developer will ensure the approved public art pieces are installed before the Developer makes application to the City for an occupancy permit for that part of the Lands legally described as Lot 4 DL 401 Gp 1 NWD Plan EPP65496. 6. The public art pieces described in section 5 above shall be maintained in perpetuity by the Developer or its successors in title. Page 11 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG Child Care Centre 7. The Developer shall, as part of the development of that part of the Lands legally described as Lot 4 DL 401 Gp 1 NWD Plan EPP65496, construct a daycare space within that development being one commercial retail unit, of at least 150 m2of indoor space (not including bathrooms and hallways) and 150 m2 of exclusive-use outdoor space, for use as a 25-child daycare (the “Daycare Space”). 8. No building or structure on that part of the Lands legally described as Lot 4 DL 401 Gp 1 NWD Plan EPP65496 shall be occupied until and unless the Developer has, to the satisfaction of the Planner and the Planner has confirmed same in writing: a. obtained an occupancy permit from the City of Maple Ridge for the Daycare Space, and b. entered into a written lease agreement with a daycare operator for use and operation of the Daycare Space. 9. Notwithstanding the City’s zoning bylaw or any other bylaws or changes to any Provincial legislation regulating day care spaces, the Developer will use the Daycare Space only for the operation of a daycare. Green Building – LEED Certified Equivalency 10. Prior to applying for an occupancy permit in respect of any commercial buildings on the Lands, the Developer will ensure that the commercial and multi-family residential buildings on the Lands are constructed in a manner that is equivalent to or exceeds the ‘LEED Certified’ building standard set by the Canada Green Building Council in effect as at the date of the Phased Development Agreement, exclusive of any performance requirements of that standard (“LEED Certified”). The Developer will obtain written confirmation from a registered architect or other professional acceptable to the City that the buildings will meet or exceed the LEED Certified standard of construction in effect as of the date of this Agreement, exclusive of any performance requirements of that standard, and provide written confirmation to the City. For clarity, the parties anticipate that the Developer will employ the following methods: a. Low-impact development standards, including absorbent soils, naturalized landscaping and xeriscaping, and permeable surfaces; b. Rain water recovery systems; c. Organic waste facilities; Page 12 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG d. Infrastructure for future alternative energy sources; e. Roof gardens and permeable paving to reduce impervious surfaces ; f. Reduced indoor and outdoor water use through fixture selection and irrigation requirements; g. Optimize energy efficiency through fixture and appliance selection, extensive use of daylight, and maximized envelope performance; h. Materials are environmentally, economically, and socially have preferable life - cycle impacts; i. Reduce construction water and divert materials wherever possible; j. Enhance indoor air quality, thermal comfort and overall well-being by: conducting air quality assessment, utilizing low-emitting materials, maximizing natural ventilation, offering individual control of air temperature, maximizing daylight and providing unobstructed views for the majority of living control of air temperatures, maximizing daylight and providing unobstructed views for the majority of living commercial spaces; and k. Electrical vehicle charging stations and provision for Electrical Vehicles: i. Public parking: one Level 3 fast-charging receptacle located within the public surface parking area to be provided and wired to city power; ii. CRU tenant parking: install conduit to allow for one Level 2 charging receptacle per CRU unit; and iii. Residents’ parking: install conduit to 10% of the parking stalls to allow for future Level 1 charging receptacles. Rental Housing – Affordable Rental and Market Rental 11. The Developer shall not construct any building or structure on the Lands or apply for a building permit in respect of the Lands, and the City shall not be obliged to issue a building permit in respect of the Lands, unless and until the Developer has entered into a housing agreement with the Municipality pursuant to section 483 of the Local Government Act in respect of the following number of units, in perpetuity: a. 5 rental units in Phase 1, being: i. 2 – two bedroom units, rented at market rate, ii. 2 – three bedroom units, rented at market rate, and iii. 1 -two bedroom units, rented at affordable non-market rate, and fully accessible as described in the BC Building Code. Page 13 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG b. 4 rental units in Phase 2, being: i. 3 – one bedroom units, rented at market rate, and ii. 1 – 3 bedroom unit, rented at affordable non-market rate, and fully accessible as described in the BC Building Code. c. 5 rental units in Phase 3 i. 2 – two bedroom units, rented at market rate, ii. 2 – three bedroom units, rented at market rate, and iii. 1 – two bedroom units, rented at affordable non-market rate, and fully accessible as described in the BC Building Code. d. 7 affordable non-market units in Phase 4 i. 3 – two bedroom units, rented at affordable non-market rate, and ii. 4 – one bedroom units, rented at affordable non-market rate, with 2 of these being fully accessible as described in the BC Building Code. For clarity, in the Housing Agreement for the 10 affordable non-market units, rent will be set at a maximum of 30% of average household income (as published by BC Housing or Stats Canada). The Housing Agreement will define affordable non-market rents, the criteria for qualified renters, any qualifications on ownership of the rental units, and the forms of tenure for the units. Adaptable Units 12. Prior to applying for an occupancy permit in respect of any residential building on the Lands, ensure a minimum of 10% of the residential buildings are built on the Lands in accordance with the SAFERhome standard for Multi-Storey Residential Towers, published by the Saferhome Standards Society (“Saferhome Standard”), including, but not limited to, the following adaptable criteria: a. Thresholds (including doorways and showers); b. Backing/reinforcement for future grab bars in washrooms and at stairs; c. Doors – as wide as possible; easily operated hardware (lever sets); and d. Passageways and pinch points The Developer will obtain written confirmation from a registered architect or other professional acceptable to the City that the buildings will meet or exceed the Saferhome Standard of construction in effect as of the date of this Agreement, and provide written Page 14 Q:\00039\0714\COV-Cr-Development Terms-V3 (Clean).Docx Jun 02, 2017 9:46 AM/DG confirmation to the City. For clarity, the units constructed to the Saferhome Standard will not also be counted as units that comply with the accessibility requirements of the BC Building Code as described in section 11 above. Restriction on Subdivision 13. The Developer shall not subdivide any portion of the Lands by way of strata plan under the Strata Property Act unless the Planner states in writing that the Planner is satisfied that the Developer has met or is on track to meet all requirements of this Agreement. Schedule “G” TERMS OF INSTRUMENT – PART 2 STATUTORY RIGHT OF WAY AND S. 219 COVENANT FOR PUBLIC ACCESS BETWEEN: FALCON VILLAGE DEVELOPMENT LTD., a company incorporated in British Columbia under No. BC1106837, having a registered office at c/o Fleming Olson Taneda & MacDougall, 4038- 200B Street, Langley, BC, V3A 1N9 (hereinafter referred to as the “Grantor”) OF THE FIRST PART AND: CITY OF MAPLE RIDGE 11995 Haney Place Maple Ridge, BC V2X 6A9 (hereinafter referred to as the “Grantee”) OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of ALL AND SINGULAR thaose certain parcel or tract of lands and premises situate, lying and being in the Municipality of Maple Ridge, in the Province of British Columbia which are legally described in Item 2 of the Form C attached hereto (hereinafter collectively referred to as the “Lands”). B. The Grantee requires and the Grantor has agreed to grant to the Grantee a Statutory Right of Way over the Lands for the provision of public access, including pedestrian and vehicular access (hereinafter referred to as the “Public Access”). C. The Grantor has agreed to construct and maintain the at-grade: public pathway system, plaza, landscaping, public art, associated pathway improvements, and drive aisles, (collectively, the “Access Works”). For clarity, the Access Works do not include the below-grade parkade to be constructed on the Lands; D. To facilitate pedestrian access of the public to and through the Lands and to facilitate the repair, maintenance, protection, cleaning, and otherwise servicing of the Access Works by the Grantee (if the Grantor does not adequately perform same), the Grantor has agreed to grant for that purpose the statutory right-of-way hereinafter mentioned and a covenant under section 219 of the Land Title Act requiring the Grantor to maintain and repair the Access Works. E. Section 218 of the Land Title Act provides that a person may create by grant or otherwise, in favor of a municipality, an easement without a dominant tenement, to be known as a Statutory Right-of- Way, for any purpose necessary for the municipality’s undertaking; and F. This Statutory Right of Way is essential to the operation and the maintenance of the Grantee’s undertaking. Schedule “H” NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sum of $10.00, of lawful money of Canada, now paid by the Grantee to the Grantor, and other good and valuable consideration, and of the mutual covenants and agreements herein contained (the receipt and sufficiency whereof is hereby acknowledged): 1. Statutory Right of Way - The Grantor, for himself, his heirs, executors, administrators, successors and assigns, does hereby give and grant unto the Grantee, and its successors and assigns in perpetuity a Statutory Right of Way and the full, free, uninterrupted right to enter in, over and on the Lands (hereinafter referred to as the “Right of Way Area”) for the purpose of: (a) providing uninterrupted access by the Grantee, its employees, agents, contractors, invitees, and every member of the public, at their will and pleasure, with or without vehicles, the right to enter upon, go across, pass over, return and repas s over the Right of Way Area, subject to subsection 6(a) herein, and (b) providing uninterrupted access by the Grantee to the Right of Way Area, with or without workers, vehicle and equipment, for the purpose of exercising its rights under sections 2(f) or (g), TO HAVE AND TO HOLD unto the Grantee, its successors and assigns forever (collectively, the “Statutory Right of Way”). 2. Section 219 Covenant - THE GRANTOR HEREBY COVENANTS AND AGREES with the Grantee that: (a) that the Grantor shall construct, replace, reconstruct, repair, maintain, clean, protect and otherwise service all or any part of the Access Works so that they are at all times in a good and safe condition, and for those part of the Access Works that are landscaping works, to a “Medium” standard as provided in section 13 of the British Columbia Landscape Standard published by the British Columbia Society of Landscape Architects and the British Columbia Nursery Trades Association, current edition; (b) that, subject to subsection 6(b) herein, the Grantor will not erect, place or maintain any building, structure, concrete driveway, concrete patio, concrete wall, rock wall or retaining wall on any portion of the surface of the Right of Way Area without the express written consent of the Grantee, such consent not to be unreasonably withheld; (c) that the Grantor may, at its sole risk and expense, erect, place or maintain buildings or structures beneath the surface of the Right of Way Area provided the same do not interfere with or impede the intended use of the Right of Way Area for the purposes aforesaid; (d) that, subject to subsections 6(a) and (b) herein, the Grantor will not do or knowingly permit to be done any act or thing which will interfere with the purpose of the Statutory Right of Way or interfere with or injure the Access Works and, in particular, will not carry out blasting on or near the Right of Way Area without the written consent of the Grantee, such consent not to be unreasonably withheld; (e) subject to subsections 6(a) and (b) herein, to allow the public and the Grantee, its employees, agents and contractors to enter upon the Right of Way Area as aforesaid and not to interfere with in any way nor prevent any such person coming on the Right of Way Area for the purposes permitted by this Agreement; (f) that, if the Grantor fails or neglects to adequately construct, repair, maintain, clean, protect, and otherwise service the Access Works within a period of sixty (60) days following the Grantee’s written notification to the Grantor to do so, (or such longer period as may be reasonably required to complete such maintenance, repair, cleaning, protection or other servicing), the Grantee may, but shall in no way be obligated to, carry out the construction, maintenance, repair, cleaning, protection or other servicing at the cost of the Grantor and the Grantor shall repay to the Grantee all reasonable costs incurred by the Grantee in connection with such maintenance, repair, cleaning, protection or other servicing forthwith upon receipt of the Grantee’s bill for same. It is understood that the Grantee may do such work either by itself or by contractors employed by the Grantee and may use such equipment and machinery as it deems necessary and that, in the event that the Grantee’s bill for the cost of the maintenance, repair, cleaning, protection or other servicing remains unpaid for a period of ninety (90) days from the date it is delivered to the Grantor, the Grantee shall be authorized to recover the cost of such maintenance, repair, cleaning, protection or other servicing, with interest at the rate of six (6) percent per annu m, compounded semi-annually from the date of issuance of the bill, from the Lands in the same manner as municipal taxes; (g) that the Grantee, at its own expense, may, but shall not be obligated to construct, extend, alter, enlarge, replace and reconstruct the Access Works within the Right of Way Area in order to improve the operation or safety thereof PROVIDED THAT the Grantee has first obtained the written consent of the Grantor, such consent not to be unreasonably withheld; (h) that the Grantor hereby releases the Grantee and its elected officials, officers, employees, agents, successors and assigns from and forever abandons any expenses, claims, actions, causes of action, judgments, suits and demands which the Grantor and its successors or assigns, has or hereafter may have against the Grantee or its elected officials, officers, employees, agents, successors or assigns, for: (i) any damage to any buildings, structures or works erected, placed or maintained by the Grantor on, beneath or above the surface of the Right of Way Area unless such damage was directly and physically caused by the Grantee or its employees, agents or contractors; (ii) any loss, damage or expense suffered by the Grantor arising from the exercise, by any person, group, corporation, society or other entity, of any of the rights granted herein or arising from the Grantor’s failure to maintain the Right of Way Area properly or at all; and (iii) any act or omission of the Grantee, its elected officials, officers, employees, agents or contractors in the exercise or purported exercise of any of the rights granted by, or compliance or attempted compliance with any obligations imposed by, this Agreement or arising from the restrictions imposed by this Agreement on the use or development of the Lands or the construction of any buildings or structures thereon or its registration in the appropriate Land Title Office; (i) that the Grantor hereby saves harmless and effectually indemnifies the Grantee and its elected officials, officers, employees, agents, successors and assigns against all expenses, claims, actions, causes of action, judgments, suits and demands whatsoever and by whomsoever brought, relating to or arising from the negligence of the Grantor or its contractors, agents or employees, including but not limited to any act or omission of the Grantor or its contractors, agents or employees relating to the construction, repair, maintenance, cleaning, protecting and servicing of the Access Works or the Right of Way Area; and (j) that the Grantor will, at the expense of the Grantor, do or cause to be done all acts reasonably necessary to grant priority to this Agreement over all charges and encumbrances which may have been registered against the title to the Lands in the New Westminster Land Title Office save and except those specifically approved in writing by the Grantee. 3. THE GRANTOR HEREBY COVENANTS AND AGREES WITH THE GRANTEE: (a) That the Grantor will from time to time and at all times upon every reasonable request and at the expense of the Grantee, make, do and execute or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances whatsoever for the better assuring unto the Grantee of the rights, liberties and right of way hereby granted. (b) That the Grantor will permit the Grantee to peaceably hold and enjoy the rights hereby granted. (c) That the Grantee, performing and observing the terms, covenants and conditions on its part to be performed and observed hereunder, shall and may peaceably hold and enjoy the rights, liberties and Statutory Right of Way hereby granted without hindrance, molestation or interruption on the part of the Grantor or of any persons claiming by, through, under or in trust for, the Grantor. (d) Subject to subsections 6(a) and (b), that the Grantor will not do or permit to be done any act or thing which in the opinion of the Grantee might interfere with, injure, impair or obstruct access to the Right of Way Area without first obtaining written consent of the Grantee. (e) This Agreement shall enure to the benefit of the Grantee and be binding upon the Grantor, his heirs, executors, administrators, successors and assigns and shall run with the Lands. 4. THE GRANTEE HEREBY COVENANTS AND AGREES WITH THE GRANTOR that the Grantee will use the Right of Way Area so as to cause no unnecessary damage or disturbance to the Lands. 5. THE GRANTOR AND THE GRANTEE HEREBY MUTUALLY COVENANT AND AGREE with each other that: (a) the final location of all Access Works shall be in such locations as the Grantor and the Grantee may agree upon; (b) upon substantial completion of the Access Works and landscaping on the Lands, the Grantor may, at the Grantor’s expense, prepare an explanatory or reference plan or plans (the “Final Plan”) for the whole of the Lands, showing the precise location of the Access Works within the Plan; and (c) if the dimensions and location of the Right of Way Area on the Final Plan are approved by the Grantee’s Director of Planning, the parties and their respective successors and assigns shall, at the Grantor’s expense, file the Final Plan in the Land Title Office and prepare, execute and register in the Land Title Office a partial release of this Agreement so that the Right of Way Area shall be limited to those areas shown on the Final Plan. In all other respects this Agreement shall remain unaltered, unless all of the parties to this Agreement expressly agree to alter this Agreement in writing. 6. IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the parties hereto: (a) Despite subsections 2(d) and (e) herein, the public rights of access under the Statutory Right of Way may not be exercised until the Access Works are constructed, and the Grantor may temporarily interrupt the use and enjoyment of the Right of Way Area to the extent necessary to: (i) permit the construction, inspection, testing, maintenance, improvement, alteration, replacement or repair of buildings or improvements on the Lands, other than the Right of Way Area; and (ii) permit the construction, inspection, testing, maintenance, improvement, alteration, replacement or repair of the Access Works on the Right of Way Area; (b) Despite any other provision of this Agreement, the Grantor may, at any time prior to the filing of the Final Plan in the Land Title Office, upon receipt of a building permit therefor from the Grantee, and in compliance with all municipal bylaws and the terms of any other covenants or agreements entered into between the parties hereto, construct buildings and other structures and improvements on the Right of Way Area; (c) That notwithstanding anything herein contained the Grantee reserves all rights and powers of expropriation otherwise enjoyed by the Grantee. (d) That the covenants herein set forth shall charge the Lands pursuant to Section 218 of the Land Title Act and shall run with the Lands. It is further expressly agreed that the benefit of all covenants made by the Grantor herein shall accrue solely to the Grantee and this Agreement may be modified by agreement of the Grantee with the Grantor, or discharged by the Grantor, pursuant to the provisions of Section 218 of the Land Title Act. (e) That no part of the fee of the soil of the Lands shall pass to or be vested in the Grantee under or by this Agreement AND THAT the Grantor may fully use and enjoy the Right of Way Area subject only to the rights and restrictions herein provided. (f) That this Agreement shall enure to the benefit and be binding upon the parties hereto notwithstanding any rule of law or equity to the contrary. (g) That wherever the singular or masculine is used in this Agreement it shall be construed as meaning the plural or feminine or body corporate or politic as the context so requires or the parties hereto so require, and where the Grantor consists of more than one person or corporation, the term “Grantor” shall mean all such persons or corporations jointly and severally. 7. Assumption by Strata Corporation – If, as and when the Grantor subdivides the Land by a strata plan under the Strata Property Act (British Columbia) the Grantor will forthwith, and in any event before the first conveyance of any strata lot, cause the strata corporation then created (the “Strata Corporation”) to assume the Grantor’s obligations hereunder to the same extent as if the Strata Corporation had been an original party to this Agreement by executing and delivering to the Grantee a tripartite assumption agreement to the satisfaction of the Grantee. If the Grantor fails to comply with this section 7, the Grantor will remain liable for the performance of the obligations hereunder notwithstanding the strata subdivision of the Land and notwithstanding the transfer of any portion of the Land, including any strata lot, to a third party transferee. This section 7 does not limit or restrict the intent and meaning of section 6(d) herein IN WITNNESS WHEREOF as evidence of their agreement to be bound by the terms of this Agreement, the parties hereto have executed the Form C and Form D to which this Agreement is attached and which forms part of this Agreement. END OF DOCUMENT APPENDIX D SCHEDULE "A" THE AGREEMENTS See attached. Cw1171a183.i Page 2 LAND TITLE ACT FORM C (Section 233) CHARGE GENERAL INSTRUMENT -PART 1 Province of British Columbia Your electronic signature is a representation that you are a subscriber as defined by the Land Title Act, RSBC 1996 c.250, and that you have applied your electronic signature i n accordance with Section 1683, and a true copy, or a copy of that true copy, is in your possession. PAGE 1 OF 13 PAGES APPLICATION: (Name, address, phone number of applicant, applicant's solicitor or agent) Christina Reed, Barrister &Solicitor YOUNG ANDERSON Phone: (604) 689-7400 1 616 - 808 Nelson Street File: 39-714 Vancouver BC V6Z 2H2 cov-servicing Deduct LTSA Fees? Yes q3 2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] [LEGAL DESCWPTION] SEE SCHEDULE STC? YES NATURE OF INTEREST Covenant CHARGE NO. ADDITIONAL INFORMATION s.219 4. TERMS: Part 2 of this instrument consists of (select one only) (a) Q Filed Standard Charge Terms D.F. No. (b) Q Express Charge Terms Annexed as Part 2 A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. 5. TRANSFEROR(S): CITY OF MAPLE RIDGE 6. TRANSFEREE(S): (including postal addresses) and postal code(s)) CITY OF MAPLE RIDGE A MUNICIPAL CORPORATION UNDER THE LOCAL GOVERNMENT ACT 1 1995 HANEY PLACE M APLE RIDGE BRITISH COLUMBIA V2X 6A9 CANADA ADDITIONAL OR MODIFIED TERMS: 8.EXECUTION(S): This ►nstrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interests) described in Item 3 and the Transferors) and every other signatory agree to be bound by this instrument, and acknowledges) receipt of a true copy of the filed standard charge terms, if any. Officer Signatures) ~_~,~cution date ~ Transferor(s) Signatures) CITY OF MAPLE RIDGE by its authorized signatory(ies): Name: Name: (as to all signatures) [as to Transferor and Transferee] OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c.124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument. LAND TI'T'LE ACT FORM E SCHEDULE PAGE 2 OF 13 PAGES 2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] [LEGAL DESCRIPTION] 030-163-625 LOT 2 DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN EPP65496 STC? YES 2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] [LEGAL DESCRIPTION] 030-163-641 LOT 4 DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN EPP65496 STC? YES 2. PARCEL IDCNTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] [LEGAL DESCRIPTION] STC? YES Page 3 Part 2 -REZONING SERVICING AGREEMENT 5245-20-2016-240 COVENANT (Section 219 Land Title Act) THIS AGREEMENT IS DATED the 29t" day of NOVEMBER, 2017. BETWEEN: CITY OF MAPLE RIDGE 11995 Haney Place M aple Ridge, British Columbia V2X 6A9 (hereinafter called the "Developer") OF THE FIRST PART AND: CITY OF MAPLE RIDGE, a Municipal Corporation under the "Local Government Act", h aving its offices at 11995 Haney Place, in the M unicipality of Maple Ridge, in the Province of British Columbia, V2X 6A9 (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS: A. The Developer is the owner of and proposes to develop certain lands and premises located within the Municipality of Maple Ridge, in the Province of British Columbia, a nd more particularly known and described as: PID 030-163-625 Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 ("Lot 2"), PID 030-163-641 Lot 4 District Lot 401 Group 1 New V1lestminster District Plan EPP65496 ("Lot 4") (hereinafter, Lot 2 and Lot 4 are collectively called the "Lands") for multi-family residential use, which Lands are not presently zoned for such use; Page 4 B. Such development is in accordance with the future plans of the Municipality but is presently premature as there are not sufficient municipal services available to service the proposed development, nor does the Municipality have sufficient funds, either on hand or anticipated from development cost charges, to install or acquire the necessary municipal works and services required to serve the proposed development for the use sought by the Developer; C. The cost of installing and acquiring such municipal works and services which are required to serve the proposed development is deemed by the Municipality to be excessive to the Municipality; D. The Developer has voluntarily agreed to install and provide certain of the municipal works and services necessary to serve the proposed development and has requested that the Municipality enter into this Agreement with the Developer; and E. Section 219 of the Land Title Act provides, inter alia, that a covenant, whether of a negative or positive nature, in respect of the use of the land or the use of a building on or to be erected on land, in favour of a Municipality or the Crown, may be registered as a charge against the title to that land. N OW THEREFORE THIS AGREEMENT WITNESSES that pursuant to Section 219 of the Land Title Act, and in consideration of the mutual covenants and agreements contained herein a nd the sum of One Dollar ($1.00) now paid to the Developer by the Municipality (the receipt a nd sufficiency whereof is hereby acknowledged), the parties hereto covenant and agree each with the other as follows: 1. THE DEVELOPER COVENANTS AND AGREES with the Municipality: (a) that until such time as all of the terms and conditions contained in sections 1 a nd 2 hereof are complied with, the Lands and any buildings or structures erected or placed on or to be erected or placed on the Lands shall not be used for multi-family residential use or commercial use, except as set out in this Agreement; DESCRIPTION OF WORKS (b) That the Developer will construct and install: i. Frontage upgrades along 119 Avenue, including sidewalk, street lighting (including measures for hanging baskets), street trees complete with silva cells and irrigation, and street furniture; ii. Watermain along 119 Avenue; iii. Sanitary sewer in the lane south of 119 Avenue; i v. relocation of existing lighted pedestrian crosswalk on 227 Street; v. Construction of a traffic button at the 119 Avenue and 227 Street i ntersection; Page 5 v ia underground electrical and telecommunications servicing to the building on Lot 2; and (all works in subsections i through vi above are collectively called the "Phase 2 Works„) vii. Modified collector standard road widening/construction on Selkirk Avenue w ith signage, paint lines and including concrete curb &gutter, sidewalks viii, Arterial standard road widening construction on 227 Street with signage, paint lines and including concrete curb &gutter, sidewalks and asphalt paving; i x. Frontage upgrades on Selkirk Avenue and 227 Street including sidewalk, street lighting (including measures for hanging baskets), street trees complete with silva cells and irrigation, and street furniture; x, Watermain on Selkirk Avenue; xi. Storm sewer on Selkirk Avenue with catch basin installation and catch basin relocation on 227 Street; xii. Communication conduit on Selkirk Avenue and 227 Street; and xifie Underground electrical and telecommunications servicing to the building on PID 030-163-633, Lot 3 District Lot 401 Group 1 New Westminster District Plan EPP65496 ("Lot 3") (all works in subsections vii through xiii above are collectively called the "Phase 3 Works")and xiv. Frontage upgrades on Selkirk Avenue and 227 Street including sidewalk, street lighting (including measures for hanging baskets), street trees complete with silva cells and irrigation, and streetfurniture; and xv. Underground electrical and telecommunication servicing to the building on Lot 4 (all works in subsections xiv through xv above are collectively called the "Phase 4 Works") (hereinafter, the Phase 2 Works, the Phase 3 Works, and the Phase 4 Works collectively called the "Said Works"); (c) that the construction and installation of the Said Works shall be completed as follows: i. for the Phase 2 Works prior to the first anniversary of building permit issuance for Lot 2, or prior to the issuance of an occupancy permit for any b uilding on Lot 2, whichever event first occurs; i i. for the Phase 3 Works prior to the first anniversary of building permit issuance for Lot 3 or prior to the issuance of an occupancy permit for any b uilding on Lot 3, whichever event first occurs, and i ii. for the Phase 4 Works prior to the first anniversary a building permit issuance for Lot 4 or prior to the issuance of an occupancy permit for any b uilding on Lot 4, whichever event first occurs. Page 6 H owever, the Manager of Infrastructure Development of the Municipality (hereinafter, the "Manager of Infrastructure Development") may in his sole d iscretion upon good cause being shown extend the time for completion of the Said Works; (d) that the construction and installation of the Said Works shall be done under the direct supervision of the Developer or its agent and the Developer shall n otify the Municipality at least 48 hours prior to the start of construction thereof to enable the necessary arrangements to be made for the deployment of inspection personnel, it being noted that Municipal inspection is provided solely to ensure compliance with Municipal standards; and (e) that the Said Works shall be constructed and installed substantially in accordance with the servicing design drawings prepared by Aplin &Martin Consultants Ltd., Project: Brickwater Village, revision D dated August 14, 2017, drawings 1 to 18 of 18 and stamped "Resubmit" by the Municipality October 10, 2017 and to the specifications and standards for the design and construction of works contained in Maple Ridge Subdivision and Development Servicing By-law No. 4800 -1993 and amendments thereto. 2. THE DEVELOPER FURTHER COVENANTS AND AGREES with the Municipality: (a) to grant to the Municipality all necessary road dedications, statutory rights-of- wayand easements over the Lands to accommodate the Said Works and, w here the Said Works are located upon or under privately owned lands other than the Lands, to obtain at the Developer's expense, all necessary road d edications, statutory rights-of-way and easements over such lands, in favour of the Municipality, to accommodate the Said Works; (b) to construct and install fully completed works to the Municipality's standards a nd to the satisfaction of the Manager of Infrastructure Development and w hich in the discretion of the Manager of Infrastructure Development may be varied because of conditions at the site, so that the Said Works function and o perate to the satisfaction of the Manager of Infrastructure Development and should the Said Works as constructed prove to be in any way defective, d amaged or should they not operate to the satisfaction of the Manager of I nfrastructure Development, then the Developer shall, at the Developer's expense, modify or re-construct the Said Works so that the Said Works shall be fury operative and function to the satisfaction of the Manager of I nfrastructure Development, such satisfaction to be indicated by a Certificate of Completion signed by the Manager of Infrastructure Development for each phase of the Said Works; (c) to arrange for the disposal of any waste material in accordance with the M aple Ridge Soil Deposit Regulation Bylaw No. 5763-1999, as amended. The Developer is responsible for obtaining all applicable permits and approvals; Page 7 (d) to undertake and complete all of the Said Works in such a manner as to prevent the release of water containing suspended solids in excess of 75 m g/litre above background levels into any stream, creek, waterway, watercourse, waterworks, municipal ditch, drain or sewer in the Municipality, on private or public property. A sediment control plan as required under the M aple Ridge Watercourse Protection Bylaw No. 6410-2006, as amended (the "Watercourse Protection Bylaw") must be prepared by a professional engineer a nd be approved by the Manager of Infrastructure Development prior to the construction and installation of any work or service; (e) that the sediment control plan shall include a letter of undertaking signed by a professional engineer who commits to the Manager of Infrastructure Development, in writing, to manage the sediment control plan, including: (i) inspection of the sediment control works to certify that they are being constructed in accordance with the approved sediment control plan; and (ii) periodic inspection of the sediment control works to certify that the suspended solids discharge standard of the Watercourse Protection Bylaw is being met; (f) to ensure that the sediment control works are monitored by a qualified independent consultant who must have written authority from the Developer to modify and/or halt a ny construction activity whenever necessary to ensure compliance with this Agreement and the Watercourse Protection Bylaw. Details of any modification or revision to the sediment control plan required by the consultant to achieve more effective sediment control must be submitted to the Municipality within 2 days of the m odification or revision; (g) that the monitoring period shall not be less than daily during works in rainfall events a nd not less than weekly at all other times. The Developer shall make available to the Municipality a record of all monitoring data upon demand; (h) that the Developer shall inspect, maintain and operate the sediment control works required by an approved sediment control plan until the conditions for their removal, as set out in the sediment control plan, have been met. The Manager of I nfrastructure Development will not issue a Certificate of Acceptance for all of the Said Works until the sediment control works have been properly completed and accordance with the sediment control plan. The Developer shall .make available to the Municipality a record of all inspections and maintenance data upon demand; (i) in the event of a breach of the provisions of Watercourse Protection Bylaw or work is performed in contravention of this Agreement, the Manager of Infrastructure Development, the Municipality's Manager of Development and Environmental Services, the Municipality's Director of Engineering Operations or their designates m ay issue a cease work notice. Any person receiving such cease work notice shall .,__ . i mmediately suspend construction of any portion of works, as detailed in the notice, u ntil the contravention has been remedied; (j) to contribute to the Municipality, the following sums at the following times: prior to the execution of this Agreement, the sum of $24,361.40; prior to commencing the Phase 3 Works or prior to the issuance of a building permit for Lot 3, whichever event first occurs, the sum of $35,644.05; and i ii. prior to commencing the Phase 4 Works or prior to the issuance of a building permit for Lot 4, whichever event first occurs, the sum of $7,171.35, a ll in payment of engineering, inspection, construction and administration costs i ncurred by the Municipality in connection with the Said Works; (k) to pay to the Municipality, prior to the execution of this Agreement, the legal fees i ncurred by the Municipality in the preparation of this Agreement; (I) to complete the construction and installation of the Said Works within the time specified in paragraph 1(c) hereof and to assign, transfer and convey to the M unicipality all of the Developer's right, title and interest in the Said Works that are located in the Municipality's road allowance, and the Developer shall, from time to time and at all times so long as the Developer exercises any rights of ownership in the Lands, upon the request of the Municipality, make, do and execute or cause or procure to be made, done and executed, all such further acts, deeds, rights-of-way, easements and assurances required by the Municipality for the effectual carrying out of this Agreement; (m) as security for the due and proper completion of the construction and installation of the Said Works, to deposit with the Municipality of this Agreement, a clean, u nconditional, automatically renewing and irrevocable standby letter of credit on terms satisfactory to the Municipality: i. prior to the execution of this Agreement, the sum of $290,646.00; i i. prior to commencing the Phase 3 Works or prior to the issuance of a building permit for Lot 3, whichever first occurs, the sum of $464,556.00; and i ii.~''prior to commencing the Phase 4 Works or prior to the issuance of a building permit for Lot 3, whichever first occurs, the sum of $146,420.00 (hereinafter, collectively called the "Security Deposit"); (n) that if the Said Works are not duly and properly completed within the time specified i n paragraph 1(c) hereof, the Municipality may complete the Said Works at the cost of the Developer and deduct from the Security Deposit the cost of such completion, and Page 9 the balance of the Security Deposit shall be returned to the Developer, less any administration costs incurred by the Municipality. For clarity, the Municipality may d raw upon and use the Security Deposit for any specific phase in respect of any Said Works that are incomplete. If the Security Deposit is insufficient to cover the actual cost of completing the Said Works, then the Developer shall pay such deficiency to the Municipality immediately upon receipt of the Municipality's bill for same. It is u nderstood that the Municipality may do such work either by itself or by contractors e mployed by the Municipality. If each phase of the Said Works is completed by the Developer as herein provided, then the Security Deposit for that phase's works shall be returned to the Developer on receipt of the Certificate of Completion issued by the M anager of Infrastructure Development for that phase's works; (o) to submit to the Municipality the final as-built drawings of the Phase 2 Works, the Phase 3 Works and the Phase 4 Works as constructed and as approved by the Manager of Infrastructure Development within 30 days of the date of completion of the applicable phase; (p) to pay to the Municipality,. prior to the execution of this Agreement: (i) all arrears of taxes outstanding against the Lands; and (ii) all current taxes levied or to be levied upon the Lands on the basis and i n accordance with the assessment and collector's roll entries; and (p) that the work done and payments made pursuant to this Agreement are not payments or work to be applied in lieu of Development Cost Charges, and the Developer further covenants and agrees to pay to the Municipality all a pplicable Development Cost Charges imposed upon the development of the Lands by the Maple Ridge Development Cost Charges Bylaw, as amended from time to time. 3. THE DEVELOPER FURTHER COVENANTS AND AGREES with the Municipality: (a) to maintain each of the Phase 2 Works, the Phase 3 Works and the Phase 4 Works in complete repair after issuance of the applicable Certificate of Completion until that day that is one (1) year after the date the Certificate of Completion for the Phase 4 Works was issued by the Manager of I nfrastructure Development (the "Warranty Period") (b) to remedy any defects or damage to the Said Works appearing within the a pplicable Warranty Period and to pay for any damage to other works or property resulting therefrom, save and except for defects caused by reasonable wear and tear, or negligence of the Municipality, its servants or agents, or acts of God; (c) to deposit as security with the Municipality, prior to the return of the Security Deposiffor a particular phase, cash, a term deposit, or a clean, unconditional, Page 10 a utomatically renewing and irrevocable standby letter of credit in a form satisfactory to the Municipality in the sum of: i. $32,107.00 for the Phase 2 Works; i i. $61,668.00 for the Phase 3 Works; and l ii. $16,555.00 for the Phase 4 Works (hereinafter, collectively called the "Warranty Deposit"). Should the Developer fail to maintain the Said Works or remedy any defect or damage or pay for any damages resulting therefrom, the Municipality may do so and may deduct the cost of maintaining the Said Works, remedying the defector paying for the d amage, from the Warranty Deposit and the balance of the Warranty Deposit, less any administration costs incurred by the Municipality, shall be returned to the Developer on issuance of the Manager of Infrastructure Development's Certificate of Acceptance for the entirety of the Said Works. If the Warranty Deposit is insufficient to cover the actual costs incurred by the Municipality, then the Developer shall pay such deficiency to the Municipality immediately u pon receipt of the Municipality's bill for same. If the Said Works are m aintained by the Developer as herein provided, then the Warranty Deposit shall be returned to the Developer on receipt of the Manager of Infrastructure Development's Certificate of Acceptance; (d) to protect all survey markers, pins, posts and similar things during the construction, installation, maintenance and repair of the Said Works and to e mploy, at the Developer's expense, a British Columbia Land Surveyor to replace any such markers, pins, posts or similar things which may be moved, d amaged or destroyed during such construction, installation, maintenance or repair; (e) to save harmless and effectually indemnify the Municipality against: (i) all actions and proceedings, costs, damages, expenses, claims and d emands whatsoever and by whomsoever brought by reason of the construction, installation, maintenance or repair of the Said Works; (ii) ~ all expenses and costs which may be incurred by reason of the construction, installation, maintenance or repair of the Said Works resulting in damage to any property owned in whole or in part by the M unicipality or which the Municipality by duty or custom is obliged, d irectly or indirectly, in any way or to any degree, to construct, install, m aintain, or repair; and (iii) all expenses and costs which may be incurred by reason of liens for nonpayment of labour or materials, workers' compensation, u nemployment insurance, Federal or Provincial tax, check-off or e ncroachments owing to mistakes in survey; Page 11 (f) to obtain and maintain until the date of issuance of the Certificate of Acceptance for the entirety of the Said Works, at the Developer's expense, w ith such company or companies and on such forms as are acceptable to the M unicipality, in the name of the Developer or its contractor, Comprehensive General Liability insurance coverage covering premises and operations l iability, contingency liability with respect to the operations of contractors and subcontractors, completed operations liability, contractual liability and a utomobile liability for owned, no owned and hired units. The limits of liability shall be not less than: (i) bodily injury liability: $5,000,000.00 each occurrence, $5,000,000.00 aggregate for products and/or completed o perations, and $5,000,000.00 each accident for automobile liability; and (ii) property damage liability: $5,000,000.00 each occurrence $5,000,000.00 aggregate for products and/or completed o perations, and $5,000,000.00 each accident for automobile liability. Each policy shall provide that it cannot be cancelled, materially altered, or permitted to lapse without at least 30 days' notice in writing to the M unicipality by registered mail, shall name the Municipality as an additional i nsured and shall contain across-liability clause; (g) to deliver a certificate of insurance in a form acceptable to the Municipality, signed by an insurance broker or insurance company certifying that the Developer has obtained the insurance referred to above, to the Municipality prior to the commencement of any construction, installation, maintenance or repair of the Said Works; (h) that if the Developer fails to obtain and maintain the said insurance or deliver the said policy or policies to the Municipality, then the Municipality may obtain a nd maintain such insurance at the expense of the Developer and the Developer hereby appoints the Municipality as the Developer's lawful attorney to do all things necessary for that purpose; and (i) to do or cause to be done, at the expense of the Developer, all acts reasonably necessary to grant priority to this Agreement over all charges and encumbrances which may have been registered against the title to the Lands i n the New Westminster Land Title Office save and except those specifically a pproved in writing by the Municipality or in favour of the Municipality. Page 12 4. THE MUNICIPALITY COVENANTS AND AGREES with the Developer: (a) to permit the Developer to perform all of the Said Works upon the terms and conditions herein contained; and (b) that upon satisfactory completion by the Developer of all of the covenants and conditions in this Agreement, including the maintenance of the Said Works in complete repair during the Warranty Period, the Municipality shall provide the Developer with a Certificate of Acceptance for the entirety of the Said Works signed by the Manager of Infrastructure Development and shall execute a. d ischarge this Agreement prepared by the Developer. 5. IT IS INIUTUALLY UNDERSTOOD, agreed and declared by and between the parties h ereto that: (a) the Municipality has made no representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Developer other than those contained in this Agreement; (b) nothing contained or implied herein shall prejudice or affect the rights and powers of the Municipality in the exercise of its functions under any public and private statutes, by-laws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Developer; (c) the Said Works shall be and remain at the sole risk of the Developer until such time as they are accepted by the Municipality as evidenced by the Manager of Infrastructure Development's Certificate of Acceptance; (d) the Developer hereby waives any and all claims to the return of any deposits collected or held by the Municipality, pursuant to the terms of this Agreement, if the return of such deposit has not been requested by the Developer in w riting within two years after the date on which the Developer became e ntitled to request its return; (e) the covenants set forth herein shall charge the Lands pursuant to Section 219 of the Land Title Act and shall be covenants the burden of which shall run w ith the Lands. It is further expressly agreed that the benefit of all covenants made by the Developer herein shall accrue solely to the Municipality and that this Agreement may be modified by agreement of the Municipality with the Developer, or discharged by the Municipality, pursuant to the provisions of Section 219(9) of the Land Title Act; (f) for certainty, despite the Municipality's grant of this section 219 covenant to itself, the term "Developer" refers to the current and each future owner of the Lands from time to time. Falcon Village Development Ltd. intends to purchase the Lands from the Municipality, has applied for rezoning of the Lands, and Page 13 h as paid the engineering and inspection costs under s. 2(j), legal fees under section 2(k), and the Security Deposit amounts under s. 2(m); (g) wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic w here the context or the parties so require and, where the Developer consists of more than one person, the term "Developer" shall mean all such persons J ointly and severally; (h) 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 Agreement d oes not operate as a waiver of any other breach of this Agreement; (i) this Agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all other agreements and arranges regarding its subject; (j) 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; (k) this Agreement shall enure to the benefit of and be binding upon the parties h ereto and their respective heirs, executors, administrators, successors and assigns; (I) the parties. hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement; and (m) time shall be of the essence of this Agreement As evidence of their agreement to be bound by this Agreement, the Developer at the M unicipality have executed the Land Title Act Form C or Form D as the case may be, attached to and form part of this Agreement. LAND TITLE ACT FORM C (Section 233) CHARGE GENERAL INSTRUMENT -PART 1 Province of British Columbia Your electronic signature is a representation that you are a subscriber as defined by the Land Title Act, RSBC 1996 c.250, and that you have applied your electronic signature in accordance with Sect►on 168.3, and a true copy, or a copy of that true copy, is in your possession. PAGE 1 OF 15 PAGES APPLICATION: (Name, address, phone number of applicant, applicant's solicitor or agent) Christina Reed, Barrister &Solicitor YOUNG ANDERSON Phone: (604) 689-7400 1616 - 808 Nelson Street File: 39-714 Vancouver BC V6Z 2H2 cov-omnibus Deduct LTSA Fees? Yes q3 2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] [LEGAL DESCRIPTION] SEE SCHEDULE STC? YES 3. NATURE OF INTEREST Covenant CHARGE N0. ADDITIONAL INFORMATION s. 219 Land Title Act 4. TERMS: Part 2 of this instrument consists of (select one only) (a)Filed Standard Charge Terms D.F. No. (b)Express Charge Terms Annexed as Part 2 A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. 5. TRANSFEROR(S): CITY OF MAPLE RIDGE 6. TRANSFEREE(S): (including postal addresses) and postal code(s)) CITY OF MAPLE RIDGE 1 1995 HANEY PLACE M APLE RIDGE BRITISH COLUMBIA V2X6A9 CANADA ADDITIONAL OR MODIFIED TERMS: 8.EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interests) described in Item 3 and the Transferors) and every other signatory agree to be bound by this instrument, and acknowledges) receipt of a true copy of the filed standard charge terms, if any. Officer Signatures) ~ Execution date ~ Transferor(s) Signatures) CITY OF MAPLE RIDGE by its a uthorized signatory(ies): N ame: N ame: (as to all signatures) [as to Transferor and Transferee] OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c.124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this i nstrument. 0RM E V24 LAND TITLE ACT FORM E SCHEDULE PAGE 2 OF 15 PAGES 2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND STC for each PID listed below? YES q [PID] [LEGAL DESCRIPTION —must fit in a single text line] 030-163-625 LOT 2 DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN EPP65496 030-163-641 LOT 4 DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN EPP65496 Page 3 COVENANT (SECTION 219 LAND TITLE ACT) 2016-240-RZ Geotechnical, Stormwater, Parking and Public Art Covenant THIS AGREEMENT made this 29th day of NOVEMBER, 2017. 1:3~►~i~t~1~1►A CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9 (hereinafter called the "Owner") I~~~. CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9 (hereinafter called the "City") WHEREAS: A. The Owner is the registered owner of or has an equity of redemption in certain lands in the City of Maple Ridge and more particularly known and described as: PID 030-163-625 Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 ("Lot 2"), and PI D 030-163-641 Lot 4 District Lot 401 Group 1 New Westminster District Plan EPP65496 ("Lot 4" and together with Lot 2 collectively called the "Lands"); B. Section 219 of the Land Title Act provides; inter alia, that there may be registered as a charge against title to the land a covenant, whether of a negative or positive nature, in favour of a City; and C. The Owner and City are concerned with ensuring that construction on the Lands is performed in accordance with recommendations identified in the Geotechnical Investigation Report dated August 3, 2016, prepared by John Carter, P.Eng. of GeoPacific Consultants Ltd., a portion of which is attached hereto as Schedule "A" (the "Geotech Report" and the entire Geotech Report is kept on file at the City's Planning Department"); and Q:\00039\0714\COV-Cr-Omnibus-V2 Clean.Docx Dec 11, 2017 10:46 AM/CR Page 4 D. It is intention of the parties that the Owner shall construct and install on the Lands a stormwater management system as shown on the Stormwater Management Plan prepared by Aplin Martin dated December 2016 (the "Stormwater Plan"), a copy of which is attached h ereto as Schedule "B", N OW THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and of the sum of One Dollar ($1.00) paid by the City to the Owner (the receipt and sufficiency whereof is hereby acknowledged by the Owner), the Owner hereby grants, covenants and agrees with the City pursuant to the Section 219 of the Land Title Act as follows: COVENANT 1. Except as herein specifically provided no dwelling or structure shall be constructed or placed u pon the Lands, nor any construction shall occur upon the Lands: (a) All construction on the Lands shall be in compliance with the recommendations and conditions contained in the Geotech Report; (b) The Owner shall retain, at its expense, the services of John Carter, P.Eng. or other members of GeoPacific Consultants Ltd. (hereinafter called the "Engineer"), being members in good standing of the Association of Professional Engineers and Geoscientists of British Columbia, to review and approve or reject drawings for any proposed dwellings proposed to be built or works to be constructed on the Lands. If the Engineer approves such drawings, he shall note his approval on such drawings a nd the Owner shall submit only such approved drawings to the City for the purpose of applying for a building permit for each individual building within the Lands; and (c) The Owner shall construct an on-lot storm detention/groundwater infiltration system (the "System") on the Lands, designed by the Engineer in accordance with the requirements and specifications of the Stormwater Plan attached as Schedule "B", to the satisfaction of the City's Planner, and more particularly: i. the design and siting criteria and specifications for the System shall be in accordance with the City's Watercourse Protection Bylaw 6410, 2006 as a mended from time to time and the City's guidelines and policies for stormwater management. 2. The Lands shall not be occupied, and the Owner shall not apply to the City for an occupancy permit in respect of the Lands, nor is the City obligated to issue an occupancy permit for the Lands, until the design and installation approval of the System, certified by the Engineer, has been provided to the Planner. 3. The Owner further agrees with the City that: a. the Owner shall not do or knowingly permit to be done any act or thing which will i nterfere with or obstruct the System; b. the Owner shall not change, or permit any change, to the design, siting criteria or specifications of the System from those submitted with the building permit for the Lands, except with the prior written approval of the City. Q:\00039\0714\COV-Cr-Omnibus-V2 Clean.Docx Dec 11, 2017 10:46 AM/CR Page 5 4. The Lands shall not be subdivided by a strata plan unless: a. the following parking spaces located at grade and located underground before the first security gate are designated as visitor or commercial parking only, by registration of a section 219 covenant in favour of the City registered at the same time as the strata plan together with a survey reference plan identifying the location of those visitor and commercial parking spaces, to the satisfaction of the City: i. on Lot 2: 1. in the underground parking lot: 16 commercial spaces, 11 u nrestricted visitor spaces and 1 disabled visitor space; and 2. at grade parking: 16 unrestricted commercial spaces, 2 disabled commercial spaces, and 1 loading space for the commercial retail u nits; and i i. on Lot 4: 1. in the underground parking lot: 16 commercial spaces, 10 u nrestricted visitor spaces and 1 disabled visitor space; and 2. at grade parking: 29 unrestricted commercial spaces, 3 disabled commercial spaces, and 2 loading spaces for the commercial retail u nits. For clarity, 'unrestricted' means a parking space that is not designated for disabled parking, and 'commercial spaces' means parking spaces that will only be used for parking by the public to access commercial units within the specified lot; and b. each tandem parking stall created in the underground parkade on the Lands shall be d esignated as limited common property for the use of a designated strata lot, so that the two parking stalls in a tandem stall are allocated to one strata lot, to the satisfaction of the City. 5. The Lands shall not be occupied for residential purposes unless the Owner has provided one or more pieces of public art, such as statuary, to be situated on the Lands, at a minimum collective value of twenty thousand dollars ($20,000.00), to the satisfaction of the City's Planner. The Owner will inform the Planner of the exact number, situation and descriptions of the public art pieces, and the Owner will ensure the approved public art pieces are installed before the Owner makes application to the City for an occupancy permit for Lot 4. 6. The public art pieces described in section 5 above shall be maintained in perpetuity by the Owner or its successors in title. The requirements in this section and section 5 are contained i n covenant CA6059207that is registered against another portion of this development, being PID 030-163-617 Lot 1 DL 401 Gp 1 NWD Plan EPP65496 and expected to be registered against PID 030-163-633 Lot 3 DL 401 Gp 1 NWD Plan EPP65496. It is intended that these sections shall be read together as one agreement regarding the public art pieces and in no way is intended to abrogate the duties of other owners within the development with respect to maintenance of the public art pieces. 7. It is understood and agreed by and between the parties hereto that: Q:\00039\0714\COV-Cr-Omnibus-V2 Clean.Docx Dec 11, 2017 10:46 AM/CR Page 6 a) The City has made no representations, covenants, warranties, guarantees or promises (verbal or otherwise) to the Owner regarding the subject matter of this Agreement other than those contained herein; b) The covenants and agreements contained herein shall run with the Lands pursuant to section 219 of the Land Title Act and shall bind the Lands and every part or parts thereof a nd every part into which the .Lands may be divided are subdivided, whether by subdivision plan, strata plan or otherwise howsoever. The covenants set forth herein shall not terminate if and when a purchaser becomes the owner in fee simple of the Lands, but shall charge the whole of the interest of such purchaser and shall continue to run with the Lands, c) The Owner will, at the expense of the Owner, do or cause to be done all acts reasonably necessary to grant priority to this Covenant over all charges and encumbrances which h ave been registered against the title to the Lands in the New Westminster Land Title Office save and except those specifically exempted in writing by the City or those in favour of the City; d) The Owner hereby releases, indemnifies and saves the City, its elected officials, officers a nd employees harmless from and against any and all actions, causes of action, losses, d amages, costs, claims, debts, expenses (including actual legal fees), and demands by w homsoever brought, of whatsoever kind and howsoever arising out of or in any way due or relating to the granting or existence of this Agreement or the carrying out of the transactions contemplated by it; e) In the event of the inability or refusal of the Engineer to perform the duties and responsibilities herein contained, another engineer, being a member in good standing of the Association of Professional Engineers and Geoscientists of British Columbia, acceptable to the City shall be retained by the Owner under the terms and conditions prescribed herein; f) Notwithstanding anything contained herein, the Owner shall not be liable under any of the covenants and agreements contained herein where such liability or obligation arises by reason of an act or omission occurring after the Owner ceases to have any further i nterest in the Lands; g) This Agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns; h) Wherever the singular or masculine is used herein, the same shall be construed as m eaning the plural, feminine or body corporate or politic where the context or the parties so require; For certainty, despite the City's grant of the section 219 covenant herein to itself, the term "Owner" refers to the current and each future owner of the Lands from time to time; j) If any. portion of this Agreement is held invalid by a court of competent jurisdiction, the i nvalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Agreement; Q:\00039\0714\COV-Cr-Omnibus-V2 Clean.Docx Dec 11, 2017 10:46 AM/CR Page 7 k) The parties hereto shall execute and do all such further deeds, acts, things and assurances as may be reasonably required to carry out the intent of this Agreement; I) Waiver by the City of any default by the Owner shall not be deemed to be a waiver of any subsequent default; m) Nothing contained or implied herein shall prejudice or affect the rights and powers of the City in the exercise of its functions pursuant to the Local Government Act or the Community Charter or its rights and powers under all of its public and private statutes, bylaws, orders and regulations to the extent the same are applicable to the Lands, all of w hich may be fully and effectively exercised in relation to the Lands as if this Agreement h ad not been executed and delivered by the Owner; n) Wherever in this Agreement the approval of the City is required, some act or thing is to be d one to the satisfaction of the City, or the City is entitled to form an opinion or is given the sole discretion: the relevant provision has not been fulfilled or waived unless the approval, opinion or expression of satisfaction is in writing signed by a representative of the City; the approval, opinion or satisfaction is in the discretion of the City in its sole and u nfettered discretion; i ii. the City is under no public law duty of fairness or natural justice and may do any of those things in the same manner as if it were a private party and not a public body; a nd o) Any opinion, decision, act or expression of satisfaction or acceptance provided for in this Agreement to be taken or made by the City's Director of Planning orhis/her delegate. As evidence of their agreement to be bound by the terms of this instrument, the parties h ereto have executed the Land Title Office Form C which is attached hereto and forms part of this Agreement. Q:\0003910714\COV-Cr-Omnibus-V2 Clean.Docx Dec 11, 2017 10:46 AM/CR Schedule "A" Y GEOPi~►CIFI~ e VAHCOUV6R KAMlOOPS CALGARY ralcon Homes 752 Capital Court Port Coquitlam, B.C. V3C 6E4 A ttention: Dwayne Friesen Page 8 P (604) 439 0922 F (604)439 9184 tivunv.gegpaciflc,ca g215-12U0 West 73rd A~~c. Vancouver, D.C. Canada V6P 6G5 August 3~de 2016 File #: 14074 Re: Geotechnical Investigation Report - Proposed FaYcon 'Village Development ll909, 227 Street, Mapie Ridge, BC 1.0 INTRODY7CTION ~Ve understand that Falcon Homes is considering the above referenced property fora 5-phase residentialdevelopment. Preliminary architectural design drawings, prepared by ~'oitits West Architecture show thatthe proposed residential development will include 5 levels of above grade floors over one to two levels ofbeloSv grade parking founded at depths ranging from 4 to 8 m below existing grades. The proposeddevelopment is expected to consist of wood fraared structures for the above grade- portion and concreteconstruction for the beto~v grade parking. Structural loading is anticipated to be moderately heavy withaverage stresses of about 90 to 70 kPa at foundation level: GeoPacific Consultants completed a geatectu~cal investigation program on site on July 5`~, zai6. Thisreport presents the results of our geotechnical investigation and testing of the subsurface sails andgroundwater conditions at the site and presents recommendations for design and construction of theproposed development. Authorization far this work was.pravided by D~+~ayne Friesen of Falcon ~Totnes on June 20th, 201b. Thisreport has been prepared exclusively fot Falcon Homes, for their use, the use of others on their design andconstruction team, and the City of Maple Ridge for use in the development and peritiitting process. Noother use of the report is permitted without the,consent of GeoPacific. ~Ve confirm that the property may be used safely for the intended development. Our confirmation of thesafe intended use of the property is null and void in the event that any parties undertake any geotechniealrelated works which arc not reviewed and approved by GeoPacific Consultants Ltd. The proposeddevelopment is also not expected to have any geoteehnical related impacts on surrounding Lands. 2.0 SITE DFSCRIPTION The development site is located at the southtivest corner of the intersection of 227 Sheet and 119 Avenue,Maple Ridge, BC. At the time of our ui~restigation the site included undsvelope@, relatively flat vegetatedareas. Vegetatio~i generally Included field grasses and some stands of trees along the ease edge and also onfile northrvesc side of the site. l'he site measures approximately L25 m and 85 m in the north-south and east-west directions; respectively. The site is bounded by SeSkirk Avenue to the south, 227 Street to the east,119 Avenue to the north and a private property including a 4four=storey bu►iding and parking lots to thewest, File !4074 Proposed Residential Development -11909, 227° Street, Maple Ridge, 6C Page CONSULTING GEOTECHNICAL ENGINEERS Page 9 The location of the site with respect to surrounding developments is sha~vn on our attached site plan, Drawing 1407 -OI. 3.Q FI~GD INVF~STIGATION A geotechnicat investigation program tvas completed on site by GeoPacific Consultants Ltd. on July 5'~, 2016. During the field investigation, a total of 7 auger test holes and S electronic cone penetration tests {CPI's) were conducted on-site employing a track mounted auger drill rig, supplied and operated by On Track Drilling Ltd., of Cvt~uitlam, BC. Auger test holes were drilled to depths of approximately 6 to 9 m below current grades. CPT's were_advancec! to depths of reftisal at 16 to 20 m. beloti=r current grades. Tf~e auger test hole logs ace presented on Figures A.1 through A.7 of Appendix `A'. The CPT soundings are presented on Figures B.Q 1 through B.OS o~ Appendix `B'. Interpreted soil strength indices are computed for each CPT sounding and presented on Figures C.Ot through C.05 of Appendix `C'. Correlation of the andrained shear strengths and the CPT was assisted with. the completion of field vanes 'at .CPTl6-04. Liquefaction analyses on CPT data vas carried out and the results are presented on Figures p.01. through D.OS of Appendix `D' . Tfie test holes weee located and lagged by a member of our technical team and the holes were backfilled immediately after togging, sampling, and testing. Tl~e approximate Iocations of our auger tesE holes and CPI's aze provided on our Drawing No. 14074-01, attached. 4.0 SUBSURFACE CONDITIONS 4.1 Soil Coridit~ans Surficial geology of the area is described on the.Geological Survey of Canada Map 1484A which indicates tlie. surftcia! geology on this site consists of marine deposited clays. Tlus is consistent with our experience in the area and the test hole results described below. The soil conditions consist of surficial togsoil, fill, and vegetation overlying silty clay. Topsoil was observed to be up to 0.2 m #hick and present at all test holes, except TH16-Ol, ~'vhere 0.3 m of graver fill was observed. Tlie silty c[ay was obser~red to be very stiff to stiff at the top o£the deposit with undrained shear strengths upwards of 250 k~'a, becoming firm to stiff with depth with shear strengths of about 50 to IOQ kPa. The silty clRy vas observed to be Uro~vn and relatively dry at the surface becoming grey/bluish grey and moist w ith depth. Our laboratory test results show that tt►e moisture content.value~s of the samples obtained from this stratum range from 30 to 47'0. ~Rcfusal of our CPI's occurred at depths ranging from 16 to 20 in be~q~v current local grades on what is erected to be very dense glacial till. 4.2 Groundwater Conditions Due to the very lo~v permeability of the silty clay materials nn site, seepage into the boreholes vas minimal File L4074 Proposed ResideaHal Development — [ 1909,227' Street, Maple Midge, BC Paget CONSULTING G~OTECHNICAL ENGINEERS Page 10 acid subsequent determination oP the pasitian of the static water table was not feasible at the kime of drilling. However, the zone of oxidation within the clay layer provides an approximate average position for the water t1ble in our experience, Based on this information the static water level. appears to Ue aUout 1.5 to 2 iu below grades. Near surface perched groundwater and surface ponding should be expected during the wetter months of the year due to the tow permeability of the natural siEty clay. 5.0 DISCUSSION 51 Creneral Comments Based on the preliminary architectural drawings, the new structures proposed consist of 5-storey above grade floors over one to two levels of below grade parking founded at depths rang%ng from 4 to 8 m in relation to the existing local grades. We expect the loading induced by the netiv stzuctures fo be moderately heavy with average stresses of about about Sd to 70 kPa at foundation level. Given the contemplated depth of construction, the expect that [he existing stiff silty clay will provide satisfactory support to the proposed structures on conventional strip and pad Foundations. The observed surficial vegetation, topsoil, fill, and soils containing organics including roots aze not considered suitable to support the proposed structures and should be stripped, S.2 Seismic Analysis It is generally accepted that loose to compact.and non-plastic silts and sands are prone to liquefaction or strain softening dwr~ng cyclic loading caused by large earthquakes. The strength reduction caused by soil tign~faction can cause foundations to punch. Furthermore, once liquefaction lies been trigge~'ed, experience has shown that significant, permanent vertical and horizontal mpvements may be experienced. T}ie soils on-site consist of plastic silty clays. Soils o~ this composition are not considered liquefiable {Bray et al. 2004). Based on the 2012 BriEish Columbia Building Code (BCBC) recommendations, the design earthquake m~gnituda of 7.0 and peak horizontal ground acceleration of 0.4$g (Natural Resources Canada on firm ground) should be considered for this site. 5.3 Ynterpreted Stress_H~lstory Interpretation of the stress history in clayey soils, such as the.soils present on the property, is °tmportant since they may be susceptible to consolidation settlement. Consolidation settlement is time dependant volume change associated with the dissipation of pore water pressures after application of a load and ca~i be very large compared to elastic settlement, which occurs immediately. Consolidation settlement occurs whenever clayey sons are loRded in excess of their maximucn.past stresses. Th~ss, if sn-situ stresses can be limited to less than the maximum past stress then only elastic, settlement should vcct~c'. We have conduCtsd a stress history analysis based on the information obtained from our CPT soundings. bier analysis indicates that the soils era moderately to heavily "over consolidated". An over consolidated soil is defined as a soi! which has, experienced stresses in the past that are itt excess of their current stresses. Pseudo over consolidation is also Icnotvn to occur tvhere aging and cheznical.bonding effects cause a soil to behave as xf ~t is aver consolidated. The degree of over consolidation of a soil is measured b~ ►ts "Over Fflo 14Q74 Proposed Ctesidcatial Development —11909, 227s Sheet, Maple Ridge, BC Page 3 COHSUL.TING GEOTECHNlCAL ENGINEERS Page 11 Consolidation Ratio". (OCR). For example, a soil with an OCR of 3 has experienced three times its current lll-SIfU StCCSS' while a soil with an OCR of 1 is experiencing the highest stresses that it has ever experienced. A soil wit1~ au OCR = 1 is defined as "normally consolidated". Results of our stress history analysis ate provided in Appendix- `C' ~vhich includes interpreted OCR plots based on Sclunertmann and our CPT data. Ol~r revietiv indicates that with ot~r expected average stresses at fqundation level and considering our recommended bearing pressure values, as noted in Section 6.2, the over-consolidation stress of the_ silty clay will noE be exceeded resulting in relatively small elastic settlements only. ' 6.0 RECOMMENDATIONS 6,1$ite Preparation Prior to the constncction of naw. buildings and placement of ne~v engineered fill material, the site should be stripped of all unsuitable fill, vegetation, topsoil, organics; and loose or otherwise disturbed soils to expose a subgrade oP stiff silty clay. Based on dte test hole logs, eve generally expect a minimum stripping depth of. 0.2 m. Considering the contemplated depth of construction, we anticipate that the depth of stripping should be dictated by the construction elevations rather than the suitability of the subsurface soils. Tl~e excavation of unsuitable soils shoald extend beyond the outer edge of. the building envelopes. The distance of the over excavation should be equal to the thickness of proposed fill beneath the proposed strubtare: Grade reinstatements should be completed using engineered ill. In the context of this report, engineered X11 is defined as clean sand to Sand and gravel compacted i~ 300 mm loose lifts to a minimum dry density of 95°Yo Modified Proeto~ (ASTM D1557). The placement and cgmpactian of engineexcd fil[ should be reviewed by the geotechnical engineer b.2 Spread I'oundaHons Following the recommended site preparation, outlined in Section 6.1, footings which are founded on undisturbed natural, stiff to very stiff silty clay, described in Section 4,1, tocated below a m depth with retipect to existing site grades may be designed on the basis of a service bearing pressure of I(}0 kPa for strip or pad footings: Foundations beating on engineezed. fill may also be designed on the basis of a service bearing pressure of 100 kPa, Factored ultimate bearing pressures may be assumed,to be 5U% higher than the service bearing,pressures. ~Ve estimate for foundations designed as recommended, settlements. tviil not exceed 2S mm total and 20 nun in 10 metres differentia. Irrespective of the aIla~vable bearing pressures given, _pad footings, should not be Less than 640 mm by 600 mrn and strs~ footings should not be less than 450 mm in width. Footings should also be btuicd a minimum of 450 mm beioiv the surface for frostprotection. Thy native silty clay soils is expected to be moisture sensitive and so immediately after excavation and review by the geotectsnica( engineer it should be protected. ~Ve recommend that the. subgrade should be blinded ~vittt 100 mm of 19 mm clear crush gravel. Any water softened material; or subgrade soil disturbed ~i[e 14074 Proposed Residcndal Development — (t9o9, 227° Strcet, Afaple Ridge, DC hajed. CONSULTIiVG GEO7~CkNICAI ENGiN~ERS Page 12 for any reason, mus! be excavated and be replaced with engineered fill. Foundation subgrades must be inspected by a geotechnical engineer prior to footing construction. 6,3 Slab-On•Grade Floors Ploor slabs should be underlain by a minimum of 150 mm of a free draining granular material such as 19 nun clear crushed gravel which ~s,hydraulically connected to the fowtdat on drainage system. A moisture bamer should underlie the slab directly above the free draining granular material. Compaction of the slab-on-grade fil[ should be reviewed by the geotechnical engineer. 6.4. I'oundanon Drainage A ll structures with be(osv grade construction (i~asemendunderground parking) must be designed with a perimeter drainage system. 6.5 B.C. Building Code Seismic Site Class The development property falls under "Site Class D" us defined in Section 4.1.8.4 of the 2012 BC Building Code. A Site Class D is referenced as "stiff soil" site in the building code and consists of a property with ari average shear iv~ve velocity of 180 to 3b0 mJs, or standard penetration resistance (Nro) of 15 to 50, or undrained shear strength of 50 to 100 kPa in the upper 30 m of the soil profile. 6.6 Temporary Excavations Based on the review of the preliminary architectwal drawings, we anticipate that excavations to depths ranging hom 4 to 8 m would be needed at (or near) tie property line, resulting in vertical cuts. Given the subsurface conditions, we are of the opinion tk~at conventional anchored shotcrete walls would be a suitable storing method at this site for one level of underground parking. The upper crust ~vi11 be penetrated by 2 levels of excavation and a more robust system q~ ~nchox supported sheefpiles or secant piles would likely have to be considered. We can provide detaZled shoring/excavation design drawings once final architecturaUstructural drawings are available. Tc;mporary cut slopes in excess of 1.2 ruetres in height with worker entry require inspection by a professional engineer in accordance with Work Safe BC guidelines. D ue to the observed shallow depth ~f groandwater table, temporary cut slopes would not be feasible for deep excavations. The extent of 2 level parking would ideally be limited from a sk~oring cost perspective. Temporary cut slopes should be covered in poly sheeting fog the duration of the work to inhibit erosion. 6.7 Lateral ~~rth Pressures on Toundation WaYIs ' lie earth pressure on the foundations walls depends upon a number of factors including the bael~ill m aterial, surcharge loads, backfiIl slope, drainage, rigidity o~ the basement wa11, and metftod of construction including sequence and degree of compaction. Flat 4074 Proposed Residential Devclopmcnt — l 1909, 227' Street, Maple Ridge, BC p~$t 5 CONSULTING GEOT~CHNtCAI. ENGiNE~RS Page 13 Por the foundation walls we recommend the following earth pressures; For a fully restrained foundation walls designed for static pressure a pressure distribution of lOH (kPa) triangular should be employed, where `H' is the buried depth of dte wall, ui metres. For an unrestrained basement wall a.static pc~essure distribution of 7H (kPa} triangular may be used. Dynamic loading induced by the design earthquake should be added to the static toads and should be taken as 6H (kPa) inverted triangular. Restrained. versus unrestrained conditions depend upon the degree of wall movement. A flexible, or u nrestrained tvalt, is allowed tv move 0.002H,ostwards at the top of wAll, where H is the height of the wall. A restrained or rigid wall is prevented from rotating out at Ehe top of the wall either by intervening walls or floors which prevent deflection of the wall, Partial movements of the watt may result in pressures somewhat less than the restrained condition but it is not possible to predict intermediate cases with any degree of certainty. We have assumed that a sand chimney drain Svill tae used directly against the foundation walls as noted above and that a perimeter drainage system will also be employed to collect any water from behind the ~*calls, Therefore, our wa11 loading scenac~os presented abgve assume that no water pressure will be generated against the walls. Our loading scenarios also assume that only nominal compaction effort will be conducted ~vithux 0.6 metres of the foundation wolfs so that compaction pressures are not imposed on foundation tivalls. Alf earth pressures, aze based upon unfactored soil parameters and are assumed to be unfactored loads. 6.8 Utility Installation Bedding and f~aekfilling materials, as well as compaction specifications, for any neW proposed utilities on site should conform to the specifications outlined in the Master Municf~al Construction Documents {MMCD). Where temporary excavations are required to install utilities the latest 1Vork Safe. BC guidelines for open trenching and shoring should be employed. Where fum clays are encountered at bedding elevations the thickness of bedding may have to be increased depending on the size of the proposed utility. These requirements will have to be fiirther evaluated after ~revie~v of the civil design: 7,0 DESIGN REVIEWS AND CONSTRrtJCTION INSPLCTYONS Tlie preceding sections make recommendations for the design. and construction of the proposed residential development. Vide have recommended the review of certain aspects of~tl~e design and construction. it es important that these c`eviews are carried out to ensure that our intentions have been adequately communicated. It is also important that any contractor(s~ working on.the site review this document prior to commencing their work. The required;revievvs are summarized belotiv: 1: Review of site stripping operations 2: Revie~*i_of foundation subgrade.~rior to footing construction 3. Review of slab-on-grade fill compaction prior to slab construction ale t407q Proposed Residential Development ~- l 1909, 227° Skeet, Maple Ridge, BC P~ytiG G ONSULT(NG GEOTECHNICAL ENGINEERS Page 14 ~3, Review of the compaction of engineered fill 5, Review of shoring/excavation and anchor testing 6, Review of any excavations encountering seepage 8.0 CLOSYIRE Tfus report has been prepared exclusively for Fatcon Homes, for their usa and the use of others on their design team. The report remains the property of GeoPacific Consultants Ltd. and anauthotized use of, or duplication of, this report is ~cohibited. We are pleased to be of assistance to you on this project and we trust that our comments and recommendationsare both helpfuland sufficient for yoar current purposes. If you would like further details or would tike clarification of any of the above, please do not hesitate to contact the undersigned. For: GeoPacific Consuitants.Ltd. Mohammad Deriszadeh, M.Sc., Ph.D. Geotechnical Consultants File 14074 Proposed Residential bevc(opmeot -1 L409, 227m Street, irfaple Ridge, BC i~gd:7 CONSULTING GEO7~CHNICAL ENGIiVEERS Principal Engineer '~ SANITARY SEWER) ~'~(TYPICAL ALL PHASES)ER~LS.Sf0.2.~na~(81.3 c.m. STORAGE)'. PMASE 4P~ASINGL NES_~ ~~, ~~, \_ON—SATE BLUERIDGEMECHANICAL PLANS FORLOCATION OF OIL INTERCEPTORo~noN34.0 c.m. STORAGEFUT. PHASE 3(o.~ s~A)~ SELKIRK AVEof~~.. 1000 Bylaws 1000 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2016-240-RZ FROM: Chief Administrative Officer MEETING: COUNCIL SUBJECT: Final Reading: Official Community Plan Amending Bylaw No. 7342-2017 Zone Amending Bylaw No. 7262-2016 Repeal: Selkirk Avenue Housing Agreement Bylaw No. 7346-2017 22638 -119 Avenue and 22633 Selkirk Avenue First; Second and Third Reading Selkirk Avenue Housing Agreement Bylaw No. 7347-2017 11893 - 11865 - 227th; 22638 - 119 Avenue and 22633 Selkirk Avenue EXECUTIVE SUMMARY: The purpose of the rezoning is to permit the construction of two, six storey mixed use buildings at 22638 - 119th Avenue and 22633 Selkirk Avenue. In order to achieve the rezoning the following bylaws and motions are required. Council granted first reading for Zone Amending Bylaw No. 7262-2016 on July 26, 2016. Council granted first and second reading for Official Community Plan Amending Bylaw No.7342-2017 on June 13, 2017 and second reading for Zone Amending Bylaw No.7262-2016 on June 13, 2017. This application was presented at Public Hearing on July 18, 2017, and Council granted third reading on July 25, 2017. Council also granted a first and second reading of Selkirk Avenue Housing Agreement Bylaw No. 7346-2017 on June 13, 2017. However, this Bylaw must be repeal and replaced with Housing Agreement Bylaw No. 7347-2017 to be consistent with the Sales and Purchase Agreement. RECOMMENDATION: That Official Community Plan Amending Bylaw No. 7342-2017 be adopted; and That Zone Amending Bylaw No. 7262-2016 be adopted; and That first and seconding reading of Selkirk Avenue Housing Agreement Bylaw No. 7346-2017 be repealed; and That the Selkirk Avenue Housing Agreement Bylaw No. 7347-2017 be given first; second and third reading. 1001 -2 - DISCUSSION: a)Background Context: Council considered this rezoning application at a Public Hearing held on July 20, 2017. On July 26, 2017 Council granted Third Reading to Official Community Plan Amending Bylaw No. 7342-2017 and Zone Amending Bylaw No. 7262-2016 with the stipulation that the following conditions be addressed: 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)Approval from the Ministry of Transportation and Infrastructure; iii)Amendment to Official Community Plan Schedule “A”, Chapter 10.4 Town Centre Area Plan, Schedule 1; iv) Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; v)Registration of a Restrictive Covenant which addresses storm/rain water management; vi) Road dedication and truncation as required; vii) Registration a Restrictive Covenant for Public Art; viii) Registration of a Statutory Right-of-Way plan and agreement for public access and emergency access; ix)Registration of a Reciprocal Cross Access Easement Agreement for vehicles and pedestrians; x)Registration of a Reciprocal Parking Easement Agreement as maybe necessary; xi)Registration of a Restrictive Covenant for protecting the Visitor Parking; xii)Registration of a Covenant tying each required parking stall to a specific unit which prohibits a future Strata Corporation from reducing the number of parking stalls allocated to each unit and that each tandem parking stall is tied to one unit; xiii)Registration of a Restrictive Covenant that the owner developer or Strata Corporation must provide in the budget the cost to maintain the Statutory Right of Way Area for public access and emergency access; xiv) If the Director of Waste Management from the Ministry of Environment determines that a site investigation is required based on the submitted Site Profile, a rezoning, development, or development variance permit cannot be approved until a release is obtained for the subject properties; xv) 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 - 3 - subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site; xvi) A Traffic Impact Assessment prepared at the sole cost of the proponent to the satisfaction of the City. The findings in the assessment may require the proponent to upgrade infrastructure at their sole cost; and xvii) Registration of a Housing Agreement in accordance with Section 483 of the Local Government Act and a Restrictive Covenant stating that a minimum of 7 dwelling units will be restricted to rental units consisting of market and non market housing; a minimum of ten percent of the dwelling units will be designed and built to comply with SaferHome Standards, and in accordance with Section 3.8.5 Adaptive Dwelling Units of the British Columbia Building Code as amended; one unit must be fully accessible per the BC Building Code; and the rental units will be in perpetuity. The following applies to the above: i. The City of Maple Ridge is currently the owner of the property; therefore the City must enter into the Rezoning Servicing Agreement. The applicant has requested that the agreement be in the form of a phased payment scheme so that payment of the required works and services will be in conjunction with the completion of the purchase of each parcel of land as outlined in the Purchase and Sales Agreement (PSA), save and except phase 2 that has been secured in conjunction with this rezoning. The City of Maple Ridge has received $290,646.00 for the payment of phase 2 security and $24,361.40 for fees. The City will receive the remaining security and fees at the time of completion of the purchase of each subsequent phase. Phase 3 security will be $464,556.00 and the fees paid will be $35,644.05. Phase 4 security will be $146,420.00 and the fees paid will be $7,171.35; ii. The Housing Agreement will be registered on the title of the subject property and is a charge that will carry when the title of the property is transferred into the applicant’s name when the purchases of the properties are completed. (Appendix F); iii. A single omnibus restrictive covenant has been prepared that includes the following restrictions:  Geotechnical Requirements;  Storm and rainwater management;  Public Art;  Protection of Visitor Parking; and  Parking Stall assignment for strata unit. The City of Maple Ridge is currently the owner of the property; therefore the City must enter into the restrictive covenant. The restrictive covenant will be registered on the titles of the subject properties and are a charge that will carry when the title of the property is transferred into the applicant’s name when the purchase of the properties are completed. The restrictive covenant is a charge on the title of the lands in perpetuity; iv. The Ministry of Transportation and Infrastructure has signed Bylaw 7262-2016; v. Road dedication has been completed via subdivision plan EPP6549; vi. Statutory Right of Way has been registered on the title of the properties; -4 - vii. The required easements will be obtained now at the time of completion of the sale of the lands; viii. The applicant has provided a letter of determination from the Ministry of Environment that in accordance with section 7(1) of the Contaminated Sites Regulations, the Director does not require or intend to order a site investigation under section 41 of the Act; ix.Letter from applicant’s engineer that there is no evidence of underground storage tanks on the subject property; and x.The applicant’s engineer has submitted a Traffic Impact Study which has been accepted by the City. CONCLUSION: As the applicant has met Council’s conditions, it is recommended that Final Reading be given to Official Community Plan Amending Bylaw No. 7342-2017 and Zone Amending Bylaw No. 7262- 2016. It is also recommended that first and second reading of Selkirk Avenue Housing Agreement Bylaw No. 7346-2017 be rescinded and the updated Selkirk Avenue Housing Agreement Bylaw No. 7347-2017 be given first; second and third reading. “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 – Bylaw No. 7342-2017 Appendix C – Bylaw No. 7262-2016 Appendix D – Bylaw No. 7346-2017 Appendix E – Bylaw No. 7347-2017 Appendix F – Housing Agreement FILE: 2016-240-9P DATE: Nov 15, 2017 22633 SELKIRK AVENUE 22638 119 AVENUE PLANNING DEPARTMENT SELKIRK AVE. McINTOSH AVE.226 ST.227 ST.LA LANE SELKIRK AVE. LOUGHEED HWY.226 ST.LANE 11 LANE 118 A AVE. 119 AVE. SELKIRK AVE.2258022624/2611876 226112256511865 11858 2271011937 11971 2263211920/36 22535/3711890 11970 11882 22715226182260222222621211844 11910 2257522701/226252264111980 11996 2263311963 227112257011778222596 2270511931 2258111837 22661225582269222544/462263122538/42226382270122649226442261211862 11947 11698 22718/2011834 2272011940/48 1189322637-452254122564/6822554/5822550´ Scale: 1:2,000 BY: DT Legend Stream Ditch Centreline Indefinite Creek SUBJECT PROPERTIES APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7342-2017 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 Schedule "B" 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. 7342-2017." 2.Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 Lot 4 District Lot 401 Group 1 New Westminster District Plan EPP65496 and outlined in heavy black line on Map No. 948, a copy of which is attached hereto and forms part of this Bylaw, is hereby designated/amended as shown. 3.Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ a first time the 13th day of June, 2017. READ a second time the 13th day of June, 2017. PUBLIC HEARING held the 18th day of July, 2017 READ a third time the 25th day of July, 2017 ADOPTED the day of , 20 . ____________________________________________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 1001.1 SELKIRK AVE. McINTOSH AVE.226 ST.227 ST.LANE LANE LANE SELKIRK AVE. LOUGHEED HWY.226 ST.LANE 119 AVE. LANE 118 A AVE. 119 AVE. SELKIRK AVE. 62/64/66 2271211857 2258022624/261187622606 226112256511858 22730227402271011937 11971 2263211920/36 22535/37225222263911944 11890 11970 11882 227152261822602226102259011900 226212257411844 11910 227092267411990 225752261522701/226252263322641226242263411980 11996 11963 2271122528/30Haney Place Mall 2257011778 226482255011869 2253522530225772262522750/78227052259611931 225812266111837 226402255811960 2269222544/46226472263122538/42Courthouse 11760 RCMP 11909 22701118892264922644/4822722225162261211862 11947 11698 22718/2011834 22529Arts Centre 2272011940/48 2262622637-452254122564/68225272254022554/5822550Rem. 71 79 Rem. 54 2 81.5 14 16 16 14 15 E 3 61 Rem. 5 3 15 32 2Rem.64 17 657 2 2010 118 Rem 127 13 1 13 A 1 1 11 Rem. A 1 19 Feet 7 B Rem. 1 2 12 Rem 120 6 Rem. 1 3 CP 15 22 4 1 6 15 6 Rem 120Rem. 2 3 4 A A 1 21 4 1 E E A 13 Rem. A 14 C West B A C 18 W Rem 2 1 1 1 2 78 3 1 12 4 2 A43 Rem. W 4 16 50 3 1 117 A 5 P 7863 P 12445P 65452P 65997 P 21553P 68843 LMS RP 61086 P 9541 P 34914 *PP088 EP 11970RW 79939 P 4769 P 60562 *LMP 21534 *PP087P 60562 Plan 81350 P 4769 P 7997 P 9819 P 8695 LMP 15424 P 13017 EP 63907 P 9372 EPP 12098 P 21553P 9541 *PP093 (P 9541) P 9541 LP 73289 P 12215P 12640 LMP 46901 1346 P 51167NWS 2403 *PP088P 8615 P 76002 LMP 13758 *PP086P 12215*PP087P8695EPP 43749 LMP 19737NWS 2977LMP 19737P 80888P 22418EPS 2538P 67142 P 9190 P 12503 P 12567NWS 2403P 8615 Plan 4834 LMP12129P 60451 *PP085NWS 1556 P 77953 P 18056*PP084 P 8615BCP 44924 P 4769 P 9236P 8844P 58055P 4834 P 76459 LMP 53687 (LEASE/EASE.) P 8615 P 12445P 21162P 14185P 54086EPP 14312BCP 49797 RW 59110 RW 18394EP 64018 LMP 52324 EPP 60823 EP 65137 RW 18394 RP 68844 LMP 31454 (EASEMENT)RW 18394EP 63801 LMP 45326 BCP 52040BCP 13823 RW 68845 LMP 35147 LMP 12816 P 70955 LP 42539RP 59996BCP44925EPP 50001LMP 51165 (EASEMENT) LMP 31454&LMP 51165 (EASE.)P 57372RW 18394LMP 2 0 4 5 6 LMP 31454 (EASEMENT) RW 61238 1 4 EPP 65496 2 3 226332263811865 11893 ´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From: To: Medium and High-Rise Apartment Town Centre Commercial 7342-2017948 CITY OF MAPLE RIDGE BYLAW NO. 7262-2016 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. 7262-2016." 2.Those parcel (s) or tract (s) of land and premises known and described as: Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 Lot 4 District Lot 401 Group 1 New Westminster District Plan EPP65496 and outlined in heavy black line on Map No. 1685 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to C-3 (Town Centre Commercial). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 13th day of June, 2016 READ a second time the 13th day of June, 2017 PUBLIC HEARING held the 18th day of July , 2017 READ a third time the 25th day of July, 2017 APPROVED by the Ministry of Transportation and Infrastructure this 18th day of October, 2017 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 1001.2 SELKIRK AVE. McINTOSH AVE.226 ST.227 ST.LANE LANE LANE SELKIRK AVE. LOUGHEED HWY.226 ST.LANE 119 AVE. LANE 118 A AVE. 119 AVE. SELKIRK AVE. 62/64/66 2271211857 2258022624/261187622606 226112256511858 22730227402271011937 11971 2263211920/36 22535/37225222263911944 11890 11970 11882 227152261822602226102259011900 226212257411844 11910 227092267411990 225752261522701/226252263322641226242263411980 11996 11963 2271122528/30Haney Place Mall 2257011778 226482255011869 2253522530225772262522750/78227052259611931 225812266111837 226402255811960 2269222544/46226472263122538/42Courthouse 11760 RCMP 11909 22701118892264922644/4822722225162261211862 11947 11698 22718/2011834 22529Arts Centre 2272011940/48 2262622637-452254122564/68225272254022554/5822550Rem. 71 79 Rem. 54 2 81.5 14 16 16 14 15 E 3 61 Rem. 5 3 15 32 2Rem.64 17 657 2 2010 118 Rem 127 13 1 13 A 1 1 11 Rem. A 1 19 Feet 7 B Rem. 1 2 12 Rem 120 6 Rem. 1 3 CP 15 22 4 1 6 15 6 Rem 120Rem. 2 3 4 A A 1 21 4 1 E E A 13 Rem. A 14 C West B A C 18 W Rem 2 1 1 1 2 78 3 1 12 4 2 A43 Rem. W 4 16 50 3 1 117 A 5 P 7863 P 12445P 65452P 65997 P 21553P 68843 LMS RP 61086 P 9541 P 34914 *PP088 EP 11970RW 79939 P 4769 P 60562 *LMP 21534 *PP087P 60562 Plan 81350 P 4769 P 7997 P 9819 P 8695 LMP 15424 P 13017 EP 63907 P 9372 EPP 12098 P 21553P 9541 *PP093 (P 9541) P 9541 LP 73289 P 12215P 12640 LMP 46901 1346 P 51167NWS 2403 *PP088P 8615 P 76002 LMP 13758 *PP086P 12215*PP087P8695EPP 43749 LMP 19737NWS 2977LMP 19737P 80888P 22418EPS 2538P 67142 P 9190 P 12503 P 12567NWS 2403P 8615 Plan 4834 LMP12129P 60451 *PP085NWS 1556 P 77953 P 18056*PP084 P 8615BCP 44924 P 4769 P 9236P 8844P 58055P 4834 P 76459 LMP 53687 (LEASE/EASE.) P 8615 P 12445P 21162P 14185P 54086EPP 14312BCP 49797 RW 59110 RW 18394EP 64018 LMP 52324 EPP 60823 EP 65137 RW 18394 RP 68844 LMP 31454 (EASEMENT)RW 18394EP 63801 LMP 45326 BCP 52040BCP 13823 RW 68845 LMP 35147 LMP 12816 P 70955 LP 42539RP 59996BCP44925EPP 50001LMP 51165 (EASEMENT) LMP 31454&LMP 51165 (EASE.)P 57372RW 18394LMP 2 0 4 5 6 LMP 31454 (EASEMENT) RW 61238 EPP 65496 1 2 34 1 226332263811865 11893 ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) C-3 (Town Centre Commercial) 7262-20161685 CITY OF MAPLE RIDGE BYLAW NO. 7346-2017 A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for 22638 – 119nd Avenue and 22633 Selkirk Avenue. ____________________________________________________________________________________ WHEREAS, pursuant to Section 483 of the Local Government Act, R.S.B.C. 1996, c. 323, as amended, Council may, by bylaw, enter into a housing agreement under that Section AND WHEREAS, the Municipal Council of the City of Maple Ridge, and Falcon Village Developments Ltd. (BC1106937) wishes to enter into a Housing Agreement for the subject properties at 22638- 119th Avenue and 22633 Selkirk Avenue.; NOW THEREFORE, the Municipal Council of the Corporation of the City of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This bylaw may be cited as “22638-119th Avenue and 22633 Selkirk Avenue Housing Agreement Housing Agreement Bylaw No. 7346-2017”. 2.By this Bylaw Council authorizes the City to enter into a Housing Agreement with Flacon Village Developments Ltd (BC1106937), in respect to the following lands: Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 Lot 4 District Lot 401 Group 1 New Westminster District Plan EPP65496 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 13th day of June, 2017. READ a second time the 13th day of June, 2017. READ a third time the day of , 2017. ADOPTED the day of , 2017. PRESIDING MEMBER CORPORATE OFFICER APPENDIX D 1001.3 CITY OF MAPLE RIDGE BYLAW NO. 7347-2017 A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for 11893 227 Street; 11865 227 Street; 22638 119 Avenue and 22633 Selkirk Avenue. ____________________________________________________________________________________ WHEREAS, pursuant to Section 483 of the Local Government Act, R.S.B.C. 2015, c. 1, as amended, Council may, by bylaw, enter into a housing agreement under that Section. AND WHEREAS, the Municipal Council of the City of Maple Ridge, and Falcon Village Development Ltd. (BC1106837) wishes to enter into a Housing Agreement for the subject properties at 11893 227 Street; 11865 227 Street; 22638 119 Avenue and 22633 Selkirk 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 “11893 – 227 Street; 11865 – 227 Street; 22638 – 119 Avenue and 22633 Selkirk Avenue Housing Agreement Bylaw No. 7347-2017”. 2.By this Bylaw Council authorizes the City to enter into a Housing Agreement in the form attached to this Bylaw as Schedule “A” with Falcon Village Development Ltd. (BC1106837) and The City of Maple Ridge, in respect of the following lands: Lot 1 District Lot 401 Group 1 New Westminster District Plan EPP65496 Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 Lot 3 District Lot 401 Group 1 New Westminster District Plan EPP65496 and Lot 4 District Lot 401 Group 1 New Westminster District Plan EPP65496, 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 and the Corporate Officer is authorized to sign and file in the Land Title Office notice of the Housing Agreement, as required by the Local Government Act. 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 day of , 20 READ a second time the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 PRESIDING MEMBER CORPORATE OFFICER APPENDIX E 1001.4 APPENDIX F CITY OF MAPLE RIDGE BYLAW NO. 7405-2017 A bylaw to establish the five year financial plan for the years 2018 through 2022 ____________________________________________________________________________________ WHEREAS, a public process in open meetings the financial plan overview was presented; AND WHERAS, the public had an opportunity to provide feedback on the 2018-2022 Financial Plan Guidelines. AND WHEREAS, the public will have the opportunity to provide comments or suggestions with respect to the financial plan; AND WHEREAS, Council deems this to be a process of public consultation under Section 166 of the Community Charter; NOW THEREFORE, the Council for the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as “Maple Ridge 2018-2022 Financial Plan Bylaw No. 7405-2017”. 2.Statement 1 attached to and forming part of this bylaw is hereby declared to be the Consolidated Financial Plan of the City of Maple Ridge for the years 2018 through 2022. 3.Statement 2 attached to and forming part of the bylaw is hereby declared to be the Revenue and Property Tax Policy Disclosure for the City of Maple Ridge. 4.Statement 3 attached to and forming part of the bylaw is hereby declared to be the Capital Expenditure Disclosure for the City of Maple Ridge. READ a first time the 5th day of December, 2017. READ a second time the 5th day of December, 2017. READ a third time the 5th day of December, 2017. PUBLIC CONSULTATION completed on the day of . ADOPTED the day of . ________________________________ PRESIDING MEMBER ________________________________ CORPORATE OFFICER ATTACHMENT: Statement 1, Statement 2 and Statement 3 1002 Attachment to Maple Ridge 2018-2022 Financial Plan Bylaw 7405-2017 Statement 1 Consolidated Financial Plan 2018-2022 (in $ thousands) 2018 2019 2020 2021 2022 REVENUES Revenues Development Fees Developer Contributed Assets 20,000 20,000 20,000 20,000 20,000 Developer Cost Charges 4,575 9,868 7,918 5,310 3,323 Developer Specified Projects - - - - - Parkland Acquisition 200 200 200 200 200 Contribution from Others 1,572 1,296 1,399 1,291 1,298 Development Fees Total 26,347 31,364 29,517 26,801 24,821 Property Taxes 82,924 87,434 92,200 97,236 102,558 Parcel Charges 3,110 3,208 3,309 3,413 3,521 Fees & Charges 42,075 43,732 45,350 47,055 48,853 Interest 1,883 1,898 1,913 1,928 1,943 Grants 6,505 3,904 4,324 4,535 3,896 Property Sales 1,583 1,500 2,500 - - Total Revenues 164,427 173,040 179,113 180,968 185,592 EXPENDITURES Operating Expenditures Debt & Interest Payments 2,550 2,805 2,677 3,287 3,115 Amortization 19,780 19,780 19,780 19,780 19,780 Other Expenditures 106,600 111,517 115,528 119,603 123,576 Total Expenditures 128,930 134,102 137,985 142,670 146,471 ANNUAL SURPLUS 35,497 38,938 41,128 38,298 39,121 Add Back: Amortization Expense (Surplus) 19,780 19,780 19,780 19,780 19,780 Less: Capital Expenditures 62,907 52,015 26,154 25,179 19,706 Less: Developer Contributed Capital 20,000 20,000 20,000 20,000 20,000 CHANGE IN FINANCIAL POSITION (27,630) (13,297) 14,754 12,899 19,195 OTHER REVENUES Add: Borrowing Proceeds 27,500 19,000 - - - OTHER EXPENDITURES Less: Principal Payments on Debt 3,724 3,804 3,886 4,990 5,113 TOTAL REVENUES LESS EXPENSES (3,854) 1,899 10,868 7,909 14,082 INTERNAL TRANSFERS Transfer From Reserve Funds Capital Works Reserve 150 150 150 150 150 Equipment Replacement Reserve 3,461 2,187 1,395 1,963 2,183 Fire Department Capital Reserve 692 - - - - Land Reserve - - - - - Local Area Service Reserve - - - - - Sanitary Sewer Reserve 1,651 - - - - Total Transfer From Reserve Funds 5,954 2,337 1,545 2,113 2,333 Less :Transfer To Reserve Funds Capital Works Reserve 2,921 2,820 4,197 1,746 4,236 Equipment Replacement Reserve 2,924 3,061 3,295 3,465 3,712 Fire Department Capital Reserve 863 999 1,141 1,288 1,441 Land Reserve 5 5 5 5 5 Local Area Service Reserve - - - - - Sanitary Sewer Reserve - - - - - Total Transfer To Reserve Funds 6,713 6,885 8,638 6,504 9,394 Transfer From (To) Own Reserves 2,948 830 (1,164) 86 (799) Transfer From (To) Surplus 1,665 1,819 (2,611) (3,604) (6,222) Transfer From (To) Surplus & Own Reserves 4,613 2,649 (3,775) (3,518) (7,021) TOTAL INTERNAL TRANSFERS 3,854 (1,899) (10,868) (7,909) (14,082) BALANCED BUDGET - - - - - Attachment to Maple Ridge 2018-2022 Financial Plan Bylaw 7405-2017 Statement 2 Revenue and Property Tax Policy Disclosure REVENUE DISCLOSURE Revenue Proportions 2018 2019 2020 2021 2022 $ ('000s) % $ ('000s) % $ ('000s) % $ ('000s) % $ ('000s) % Revenues Property Taxes 82,924 43.2 87,434 45.5 92,200 51.5 97,236 53.7 102,558 55.3 Parcel Charges 3,110 1.6 3,208 1.7 3,309 1.8 3,413 1.9 3,521 1.9 Fees & Charges 42,075 21.9 43,732 22.8 45,350 25.3 47,055 26.0 48,853 26.3 Borrowing Proceeds 27,500 14.3 19,000 9.9 - - - - - - Other Sources 36,318 18.9 38,666 20.1 38,254 21.4 33,264 18.4 30,660 16.5 Total Revenues 191,927 100 192,040 100 179,113 100 180,968 100 185,592 100 Other Sources include: Development Fees Total 26,347 13.7 31,364 16.3 29,517 16.5 26,801 14.8 24,821 13.4 Interest 1,883 1.0 1,898 1.0 1,913 1.1 1,928 1.1 1,943 1.0 Grants (Other Govts) 6,505 3.4 3,904 2.0 4,324 2.4 4,535 2.5 3,896 2.1 Property Sales 1,583 0.8 1,500 0.8 2,500 1.4 - - - - 36,318 18.9 38,666 20.1 38,254 21.4 33,264 18.4 30,660 16.5 OBJECTIVES & POLICIES Property Tax Revenue Property tax revenue is the City’s primary revenue source, and one which is heavily reliant on the residential class. Diversification of the tax base and generation of non-tax revenue are ongoing objectives, outlined in Financial Sustainability Policy 5.52 section 6. The Financial Plan includes property tax increases that are as listed below: 2018 2019 2020 2021 2022 General Purpose 1.90% 2.00% 2.00% 2.00% 2.00% Infrastructure Replacement 0.70% 0.70% 0.70% 0.70% 0.70% Parks & Recreation 0.60% 0.60% 0.60% 0.60% 0.60% Drainage 0.30% 0.30% 0.30% 0.30% 0.30% Total Property Tax Increase 3.50% 3.60% 3.60% 3.60% 3.60% Additional information on the tax increases and the cost drivers can be found in the most recent Financial Plan Overview Report. Specific policies discussing the tax increases are included in the Financial Sustainability Plan and related policies which were adopted in 2004. Property tax revenue includes property taxes as well as grants in lieu of property taxes. Parcel Charges Parcel charges are comprised of a recycling charge, a sewer charge and on some properties, a local area service or improvement charge. Parcel charges are a useful tool to charge all or a subset of properties for a fixed or variable amount to support services. Unlike property taxation the variable amount does not need to be related to property assessment value, but can be something that more accurately reflects the cost of the service. Attachment to Maple Ridge 2018-2022 Financial Plan Bylaw 7405-2017 Statement 2 (cont.) Revenue and Property Tax Policy Disclosure Fees & Charges Fees should be reviewed annually and updated if needed. Recent fee amendments include recreation fees, development application fees, business license fees and cemetery fees. A major amendment to the Development Costs Charges (DCC), recommended no more frequently than every five years, was completed in 2008. Minor DCC amendments are done more frequently. Some fees are used to offset the costs of providing specific services. The utility fees are reviewed annually with a view towards using rate stabilization practices to smooth out large fluctuations in rates, as set out in the Business Planning Guidelines. Borrowing Proceeds Debt is used when it makes sense, and with caution as it commits future cash flows to debt payments, restricting the ability to use these funds to provide other services. The source of the debt payments needs to be considered as does the justification for advancing the project. More information on previously approved borrowing can be found in the most recent Financial Plan Overview report. Other Sources This will vary greatly year to year as it includes: •Development fees which fund capital projects from the DCC Reserve •Contribution from others in relation to capital •Grants which are sought from various agencies and may be leveraged with City funds PROPERTY TAX DISCLOSURE The 2018 property tax revenue and updated rates will be included in a Financial Plan Amending Bylaw that proceeds the Property Tax Rate Bylaw, as the 2018 property assessed values are not yet finalized. For information purposes the 2017 distribution is included. Property Tax Revenue Distribution Property Class Taxation Revenue Assessed Value Tax Rate Multiple ('000s) ('000s) ($/1000) (Rate/Res.Rate) 1 Residential 59,827 78.4% 17,905,528 92.6% 3.3412 1.0 2 Utility 570 0.8% 14,247 0.1% 40.0000 12.0 4 Major Industry 610 0.8% 23,311 0.1% 26.1634 7.8 5 Light Industry 2,852 3.7% 260,886 1.4% 10.9322 3.3 6 Business/Other 12,256 16.1% 1,121,144 5.8% 10.9322 3.3 8 Rec./ Non-Profit 47 0.1% 3,484 0.0% 13.5955 4.1 9 Farm 158 0.2% 4,643 0.0% 34.0412 10.2 Total 76,320 100% 19,333,243 100% Attachment to Maple Ridge 2018-2022 Financial Plan Bylaw 7405-2017 Statement 2 (cont.) Revenue and Property Tax Policy Disclosure PROPERTY TAX DISCLOSURE Objectives & Policies Property taxes are the City’s largest source of revenue and are contained by efficient business practices. Annual business planning practices are the mechanism for resource allocation decisions. The City’s Financial Sustainability Policy section 6 discusses the necessity of diversifying the tax base. Development of employment-related properties is one method of diversification; therefore a key performance measurement in Strategic Economic Initiatives tracks the increased investment and development of non-residential properties. A policy in the Financial Sustainability Plan that calls for stable tax increases and the adoption of the annual increase early in the prior year in the Business Planning Guidelines provides citizens with a more stable and predictable set of cost increases. In some cases costs are phased in over multiple years to stay within the set tax increases. Property Tax Rates It is policy to adjust property tax rates annually to negate the impact of fluctuations in the market values of properties. Tax rates are reduced to negate the market increases. Property tax increases are then applied at the same relative increase for all classes, unless legislation restricts the rates, as with Class 2, Utility. The Business Class and Light Industry Class properties have the same tax rate and are treated as a composite class when setting the tax rates, as the types of businesses in each class are similar. In 2016, the increase was reduced from 3.15% to 1.85% to reduce the relative property tax burden for these properties. A review was done on the Major Industry Class rates and the recommendation from the Audit and Finance Committee and Council was a 5% property tax reduction in both 2009 and 2010 to support additional investments in the subject property and to keep rates competitive. In 2014 and 2015, property taxes charged to major industrial class properties were reduced by $70,000 in each year. In reviewing tax rates to ensure competitiveness, absolute rates, tax multiples and overall tax burden are considered. The impact that assessed values have when comparing to other geographical areas must be considered in a comparison of tax rates. Permissive Tax Exemptions Council has set policies around the use of permissive tax exemptions. These are Council Policies 5.19 through 5.24. These policies discuss Churches, Community Halls, Heritage Sites, Homes for the Care of Children and the Relief of the Aged, the Poor, the Disabled and the Infirm, Municipal Recreational Services, Private Hospitals and Daycares, Private School and Youth Recreation Groups. Revitalization Tax Exemption Program The Employment Land Investment Incentive Program is designed to encourage job creation by supporting private investment in buildings and infrastructure on identified "employment lands". More information on this tax exemption can be found on our website. Attachment to Maple Ridge 2018-2022 Financial Plan Bylaw 7405-2017 Statement 3 Capital Expenditure Disclosure The sole purpose of this statement is to meet legislative requirements and highlight the value of the DCC program; no other conclusions should be drawn from the figures as the information could be misconstrued. This disclosure is required under the Local Government Act s. 560 (2); capital costs attributable to projects to be partially funded by Development Cost Charges (DCC) must be included in the financial plan. The DCC program includes projects as far out as 2037 so the capital expenditures must be extended to match. Certain types of projects are not planned past the five year time horizon of the financial plan. Much less scrutiny is given to projects that are planned in years 2023 through 2037. Projects in these years typically exceed likely funding available. Capital Works Program for 2023 – 2037 (in $ thousands) Capital Works Program 341,499 Source of Funding Development Fees Development Cost Charges 154,753 Parkland Acquisition Reserve - Contribution from Others 3,224 157,977 Borrowing Proceeds - Grants 38,130 Transfer from Reserve Funds 19,175 Revenue Funds 126,216 183,521 341,499 CITY OF MAPLE RIDGE BYLAW NO. 7411-2017 A Bylaw to amend Maple Ridge Council Procedure Bylaw No. 6472-2007 _________________________________________________________________ _____________ WHEREAS, it is deemed expedient to amend Maple Ridge Council Procedure Bylaw No. 6472-2007 as amended; NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Council Procedure Amending Bylaw No. 7411-2017.” 2.That Maple Ridge Council Procedure Bylaw No. 6472-2007, be amended as follows: Delete: 8.Following a general local election, the first regular Council meeting must be held on the first Monday in November in the year of the election. Replace with: 8.Following a general local election, the first regular Council meeting must be held within the first ten (10) days in November in the year of the election. Delete: Order of Proceedings and Business 1.(a)Call to order (b)Amendments to the agenda (c)Approval of the agenda (d)Adoption of minutes (e)Presentations at the request of Council (f)Delegations (g)Items on consent (h)Unfinished business (i)Bylaws (j)Committee reports and recommendations (k)Staff reports (l)Other matters deemed expedient 1003 (m) Notices of motions and matters for introduction at future meetings (n) Questions from the public (o) Adjournment Replace with: Order of Proceedings and Business 1. (a) Call to order (b) Amendments to the agenda (c) Approval of the agenda (d) Adoption of minutes (e) Presentations at the request of Council (f) Delegations (g) Questions from the public – Maximum 15 minutes unless extended by motion approved by majority of Council (h) Items on consent (i) Unfinished business (j) Bylaws (k) Committee reports and recommendations (l) Staff reports (m) Other matters deemed expedient (n) Notices of motions and matters for introduction at future meetings (o) Adjournment READ a first time the 28th day of November, 2017. READ a second time the 28th day of November, 2017. READ a third time the 28th day of November, 2017. ADOPTED the ___ day of ___________________, 20 . PRESIDING MEMBER CORPORATE OFFICER 1100 Reports and Recommendations 1100 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2012-031-RZ FROM: Chief Administrative Officer MEETING: Council SUBJECT: Rescind Second and Third Reading Zone Amending Bylaw No. 6914-2012 11055 Hazelwood Street EXECUTIVE SUMMARY: Rezoning application 2012-031-RZ is an application to rezone the subject property from RS-3 (One Family Rural Residential) to M-3 (Business Park) to permit industrial in a Business Park format. Council considered rezoning application 2012-031-RZ and granted first reading for Zone Amending Bylaw No. 6914-2012 on October 9, 2012, and second reading on June 23, 2015. This application was presented at Public Hearing on July 21, 2015, and Council granted third reading on July 28, 2015. Council granted a first extension on July 26, 2016. The Director of Planning granted a final extension on July 27, 2017 (6 months only). Pursuant with the Development Procedures Bylaw 5879-1999, no further extension is possible and this application will expire on January 27, 2018. After lengthy consideration, the applicant seeks to revise the original plans, and has submitted a letter from the property owner requesting that second reading be rescinded ( Appendix C). Granting this request will provide for an expedient process to advance the project to final reading, and importantly will provide the neighbourhood with an opportunity to attend a Development Information Meeting and Public Hearing. Given the historic lengthy duration of this application, staff are recommending that reduced development approval timelines accompany this application. A timeline for a feasible application process is included for Council’s review and endorsement. RECOMMENDATION: That second and third reading of Bylaw No. 6914-2012 for application 2012-031-RZ be rescinded; and further, That the proposed timeline as outlined in the staff report dated January 16, 2018 be endorsed. DISCUSSION: a)Background Context: Applicant: Steve Robinson Legal Description: Lot: 2, D.L.: 280, Plan: BCP50883 OCP : Existing: Industrial Proposed: Industrial 1101 - 2 - Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: M-3 (Special Industrial) Surrounding Uses: North: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial South: Use: 13 properties, 1 industrial, 12 residential use Zone: 1 property zoned M2 (General Industrial), 12 zoned RS-3 (One Family Rural Residential) Designation: Industrial East: Use: Residential Zone: RS-1 (One Family Urban Residential) Designation: Single Family and Compact Resdential West: Use: Civic, Recreational Zone: RS-3 (One Family Rural Residential) Designation: Industrial Existing Use of Property: Vacant Proposed Use of Property: Business Park Site Area: 16.637 HA (41.1 acres) Access: Hazelwood Street Servicing requirement: Urban Standard b) Project Description: The original format of this application proposed to rezone the site at 11055 Hazelwood Street from RS-3 (One Family Rural Residential) to M-3 (Business Park) to allow for the creation of a business park, aimed at the needs of small to mid-size industrial users on the north portion of the site. It was anticipated that at a later date the southern portion of the site would be subdivided and developed to accommodate one larger industrial tenant. In recent months, the property owner has entered into a joint venture partnership with Pitt Meadows Plumbing to develop the entire site as a cluster of construction related businesses. For their part, Pitt Meadows Plumbing would occupy a portion on the north side of the site, with possible expansion into the south portion of the subject property. All available tenures will now be leasehold, a departure from the original application, which proposed fee simple subdivision across the north and south portions of the site. Given that this rezoning application will expire in January, there is not enough time to revise the application and complete the rezoning. During discussions with the applicant, it was also noted that given the lengthy duration of this application (which dates to 2012), there are concerns in prolonging the approval process, noting that there may have been changes in ownership in the neighbourhood, and residents may wish to provide input into the process. Given the above, the applicant has revised their plans and is requesting that second reading be rescinded. This request is supportable as much of the technical work related to this file has been completed, and it will provide a mechanism to refer the matter to public hearing. However, staff are concerned that rescinding second reading will “re-set the clock” and could result in another lengthy - 3 - application process for this file (noting that the Development procedures bylaw allows for 18 months following third reading and another 6 months at the discretion of the Director of Planning). For this reason, it is recommended that subsequent readings to this Bylaw be subject to reduced development approval timelines. c)Proposed Timelines: Should Council rescind second and third readings to Bylaw 6914-2012, the applicant would be required to submit necessary materials for review by City Departments, present to Advisory Design Panel, and host a Development Information Meeting. Council would then consider granting second reading to the Bylaw, and forwarding the Bylaw to Public Hearing. The following timelines are recommended and have been prepared in consultation with municipal departments out of a concern for both expediency and efficiency. A failure to satisfy the conditions would result in the closure of the file. The recommended timelines are: i. Following repeal of second and third readings, the applicant would be granted 2 months to submit all materials to commence departmental/agency referrals for consideration of second reading. If the deadline is not met, the file will be closed. On this basis, a deadline of March 19, 2018 is recommended. ii.Following Public Hearing and third reading – the applicant would be granted 7 months to satisfy all conditions. If the deadline is not met, the file will be closed. This second deadline will be clarified in the second reading report, once the Public Hearing date is known. d)Citizen/Customer Implications: The proposed timeline includes both a Public Hearing and a Development Information Meeting (as outlined in DIM policy 6.20). Both of these meetings will give an opportunity for public input. It should also be recognized that the nature of this proposed development will provide employment and economic benefits to the community. e)Alternatives: The recommended approach is to support this request. However, given its lengthy timeline, Council may prefer to allow this application to expire, whereby a new application would be required in order to rezone the subject property. CONCLUSION: This request made by the applicant to rescind second reading is due to a change in the personnel involved in the rezoning process. As this proposal is desirable for its addition to the industrial land inventory, support for this request is recommended. Granting this request may offer the most expedient process for advancing this proposal to final reading, as it will provide the applicant an opportunity to complete this rezoning application, and importantly will provide the neighbourhood with an opportunity to attend a Development Information Meeting and Public Hearing. - 4 - Given the historic lengthy duration of this application, staff are recommending that reduced development approval timelines accompany this application. “Original signed by Diana Hall” _______________________________________________ Prepared by: Diana Hall, M.A., MCIP, RPP Planner 2 “Original signed by Christine Carter” _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Paul Gill” _______________________________________________ Concurrence: Paul Gill, CPA, CGA Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Photo Appendix C – Letter from Applicant DATE: May 27, 2015 2012-031-RZ BY: JV CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:7,500 11055 Hazelwood St Legend \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River APPENDIX A DATE: May 27, 2015 2012-031-RZ BY: JV CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY City of Maple Ridge´ Scale: 1:7,500 11055 Hazelwood St Legend \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River APPENDIX B Mayor and Council City of Maple Ridge January 7, 2018 Dear Mayor and Council, Re: Rezoning Application 2012-031-RZ, 11055 Hazelwood Street On behalf of Camp Developments Corporation, I am writing to ask that our June 2015 application for second reading to rezone from RS-3 (One Family Rural Residential) to M-3 (Business Park) be rescinded. We still intend to proceed with the rezoning but our plans have changed. In consultation with City staff, we agree it is prudent to have another Public Hearing so that the public has an opportunity to view and comment on the proposed changes. Thank you for your consideration. Jim Chu, Senior Vice President, Aquilini Group Aquilini Centre West 800 Griffiths Way Vancouver, BC V6B 6G1 APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2017-262-RZ FROM: Chief Administrative Officer MEETING: Council SUBJECT: First Reading Zone Amending Bylaw No. 7409-2017 11060 Cameron Court EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 11060 Cameron Court, from RS-3 (One Family Rural Residential) to RS-1d (One Family Urban (Half Acre) Residential). The applicant intends to apply the Density Bonus option within the RS-1d (One Family Urban (Half Acre) Residential) zone, which is specific to the Albion Area, to enable the subdivision of approximately 19 single family lots no less than 557 m2 in area. A density bonus of $3,100 per lot less than 2,000 m2, or approximately $58,900, will be collected by the Approving Officer at the subdivision approval stage. As per Council Policy 6.31, a Community Amenity Contribution (CAC) of $5,100 per single family lot created is also applicable to the subject property. The estimated CAC cost will be $96,900 for 19 lots. Most of the subject property is currently designated Low Density Residential, while a portion of the northern end of the lot where Dunlop Creek flows is designated Conservation. An OCP amendment is not required to support the proposed RS-1d zone, but may be required after first reading to adjust the conservation boundary. To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: In respect of Section 475 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: i.The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii.The Board of any Regional District that is adjacent to the area covered by the plan; iii.The Council of any municipality that is adjacent to the area covered by the plan; iv. First Nations; v.Boards of Education, Greater Boards and Improvements District Boards; and vi. The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City’s website, together with an invitation to the public to comment; 1102 - 2 - That Zone Amending Bylaw No. 7409-2017 be given first reading; and That the applicant provide further information as described on Schedules A, B, and F of the Development Procedures Bylaw No. 5879–1999, along with the information required for a subdivision application. DISCUSSION: a) Background Context: Applicant: WSP Canada Inc., Dexter Hirabe Legal Description: Lot 1 Except: Part Subdivided by Plan 66748, Section 10, Township 12, NWP61001 OCP: Existing: Low Density Residential, Conservation Proposed: Conservation boundary adjustment Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-1d (One Family Urban (Half Acre) Residential), with a Density Bonus through the Community Amenity Program Surrounding Uses: North: Use: Single-Family Residential, Animal Stables Zone: RS-3 (One Family Rural Residential) Designation: Low Density Residential, Low/Medium Density Residential, Conservation South: Use: Single-Family Residential Zone: RS-3 and RS-2 (One Family Suburban Residential) Designation: Low Density Residential East: Use: Kanaka Creek Park Zone: RS-3 Designation: Park West: Use: Single-Family Residential Zone: RS-3 Designation: Low Density Residential and Conservation Existing Use of Property: Single-Family Residential Proposed Use of Property: Single-Family Residential Site Area: 1.947 ha (4.81 acres) Access: Cameron Court Servicing requirement: Urban Standard b) Site Characteristics: The subject property, located at 11060 Cameron Court, is approximately 1.947 ha (4.81 acres) in size (see Appendix A). The site is largely flat and covered by grass, while trees grow along its edges. A single-family dwelling and workshop sit on the eastern end of the site (see Appendix B). Dunlop Creek and an open ditch cross the northern end of the property, north of which the terrain begins to slope steeply upward into adjacent properties. - 3 - The subject property is bordered by single family dwellings to the south and west, Metro Vancouver’s Kanaka Creek Regional Park to the east, and conservation lands around Dunlop Creek to the north (see Appendix B). c) Project Description: The applicant has requested to rezone the development site from RS-3 (One Family Rural Residential) to RS-1d (One Family Urban (Half Acre) Residential) with a Density Bonus in accordance with the Albion Area Plan to permit the subdivision of 19 single-family lots not less than 557 m2 in size. Access to these lots will be provided from a new road coming off Cameron Court. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and Bylaw particulars, and may require application for further development permits. d) Planning Analysis: Official Community Plan: The development site is located within the Albion Area Plan and is currently designated Low Density Residential and Conservation. No changes to these OCP designations are required to allow the proposed RS-1d zoning. However, an adjustment to the conservation boundary may be required to accommodate the environmental setbacks from Dunlop Creek and a ditch on the northern end of the property. This application is in compliance with the following Albion Area Plan Community Amenity Program policies: 10 - 4 The city-wide Community Amenity Program established in Section 2.1.2 Compact and Unique Community will apply to the Albion Area Plan. A Density Bonus Framework will also be permitted on lands designated Low Density Residential, Low-Medium Density Residential and Medium Density Residential in the Albion Area Plan. 10 - 5 Where the density bonus option is utilized in a single-family subdivision, the density bonus framework provisions established in the Maple Ridge Zoning Bylaw will apply to all lots that exceed the base density permitted in the zone, in addition to the city- wide Community Amenity Program established in Official Community Plan Section 2.1.2 Compact and Unique Community. 10 - 8 A Density bonus will only be permitted on those lands that are located entirely within the boundaries of the Albion Area Plan and Urban Area Boundary. The application is also in compliance with the Zoning Bylaw that permits a Density Bonus option in RS-1d zoned properties located within the Albion Area Plan. The applicant intends to apply the Density Bonus option to this project, as discussed below. - 4 - Zoning Bylaw: The current application proposes to rezone the subject property located at 11060 Cameron Court from RS-3 (One Family Rural Residential) to RS-1d (One Family Urban (Half Acre) Residential), with a Density Bonus, to permit the future subdivision of 19 single-family lots. The Density Bonus associated with the Albion Area Plan Community Amenity Program is detailed in the Zoning Bylaw, which will permit the following: For the RS-1d One Family Urban (Half Acre) Residential zone, the base density is a minimum net lot area of 2,000 m2, minimum lot width of 30 m, and minimum lot depth of 40 m. A Density Bonus is an option in the RS-1d zone and shall be applied as follows: a. An Amenity Contribution of $3,100 per lot will be required in any subdivision containing one or more lots with an area of less than 2,000 m2, payable when the Approving Officer approves the subdivision. b. The maximum density permitted through the Density Bonus option is: i. minimum net lot area of 557 m2; ii. minimum lot width of 15.0 m; iii. minimum lot depth of 27 m. c. Zoning requirements consistent with the RS-1b One Family Urban (Medium Density) Residential zone will apply and supersede the zoning requirements for the RS-1d zone. Therefore, the Density Bonus option will permit the applicant to reduce the single-family lot size from the RS-1d zone’s base density of 2,000 m2 to the RS-1b (One Family Urban (Medium Density) Residential) zone’s minimum lot size of 557 m2. The proposed development consists of approximately 19 RS-1b sized lots (see Appendix D), and the Density Bonus for this application is approximately $58,900. The final number of lots and Density Bonus will be determined prior to second reading. It should be noted that, as per Council Policy 6.31, a Community Amenity Contribution (CAC) of $5,100 per single family lot created is also applicable to the subject property. The estimated CAC will be $96,900, and will also be confirmed prior to second reading. No variances have been requested at the current time. Any variations from the requirements of the Density Bonus zone of RS-1b (One Family Urban (Medium Density) Residential) for lots less than 2,000 m2, or from the requirements of the RS-1d (One Family Urban (Half Acre) Residential) zone for lots greater than 2,000 m2, will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. - 5 - Advisory Design Panel: A Form and Character Development Permit is not required because this is a single family project, therefore this application does not need to be reviewed by the Advisory Design Panel. Development Information Meeting: A Development Information Meeting is required for this application because more than 5 dwelling units are being proposed. Prior to second reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. e) Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Fire Department; c) Building Department; d) Parks Department; e) School District; and f) Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between first and second reading. f) Early and Ongoing Consultation: In respect of Section 475 of the Local Government Act for consultation during an Official Community Plan amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the City’s website, together with an invitation to the public to comment. g) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879–1999 as amended: 1. An OCP Application (Schedule A); 2. A complete Rezoning Application (Schedule B); 3. A Watercourse Protection Development Permit Application (Schedule F); and 4. A Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. - 6 - CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. It is recommended that Council not require any further additional OCP consultation. It is expected that once complete information is received, Zone Amending Bylaw No.7409-2017 will be amended and an OCP Amendment to adjust the Conservation boundary may be required. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the City of Maple Ridge’s Approving Officer. “Original signed by Chee Chan” _______________________________________________ Prepared by: Chee Chan, MUP, MCIP, RPP, BSc Planner 1 “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by 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. 7409-2017 Appendix D – Proposed Subdivision Layout DATE: Jun 22, 2017 FILE: 2017-262-SD 11060 CAMERON COURT PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 BY: PC Legend Stream Ditch Centreline Edge of River Edge of Marsh Indefinite Creek River Centreline Lake or Reservoir Marsh River Major Rivers & Lakes APPENDIX A DATE: Jun 22, 2017 FILE: 2017-262-RZ 11060 CAMERON COURT City of PittMeadows District of Langley District of MissionFRASER R. ^ PLANNING DEPARTMENT SUBJECT PROPERTY Aerial Imagery from the Spring of 2016´ Scale: 1:2,500 BY: PC APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7409-2017 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. 7409-2017." 2.That parcel or tract of land and premises known and described as: Lot 1 Except: Part Subdivided by Plan 66748, Section 10 Township 12 New Westminster District Plan 61001 and outlined in heavy black line on Map No. 1742 a copy of which is attached hereto and forms part of this Bylaw, is/are hereby rezoned to RS-1d (One Family Urban (Half Acre) 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 day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C CAMERON CRT.110 AVE. 112 AVE.112 AVE.2449524326244811106011011 2438724331243642444211045 11040 24369244402438624408243722442624454A 1 41 6 5 7 33 34 27 32 26 3 5 4 Rem 1 2 3 1 1 2 4 P 7 4 0 8 P 61001 P 66748 P 13199 P 61001 P 66748 P 59802 P 7408 P 55335 EP 30021 P 61001 RW 61287RW 66747BCP 49216´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) RS-1d (One Family Urban (Half Acre) Residential) 7409-20171742 WSP CANADA INC.#300 - 65 RICHMOND STREETNEW WESTMINSTER, B.C.CANADA V3L 5P5TEL. 604-525-4651 | FAX.604-525-5715www.wsp.com161-13168-00AUGUST 2017SUBDIVISION CONCEPT PLAN - RS-1b ZONE11060 CAMERON COURT1075259 BC LTD. - KANWAL GHUMANMeters02040FUTURESUBDIVISIONTOP OF BANK10m TOP OFBANK SETBACK15m TOP OFBANK SETBACKFUTURESUBDIVISIONAPPENDIX D City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2017-461-RZ FROM: Chief Administrative Officer MEETING: Council SUBJECT: First Reading Zone Amending Bylaw No. 7401-2017 11641 227 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential). To proceed further with this application additional information is required as outlined below. There was a previous application that received First Reading, the applicant decided not to move forward with the application and requested the closure of the application. The subject property is located within the Town Centre Area Plan boundaries and is subject to the City Wide Community Amenity Contribution Program as amended by City Council on December 12, 2017 to include the Town Centre into the Program. RECOMMENDATIONS: 1.In respect of Section 475 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: i.The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii.The Board of any Regional District that is adjacent to the area covered by the plan; iii.The Council of any municipality that is adjacent to the area covered by the plan; iv. First Nations; v.Boards of Education, Greater Boards and Improvements District Boards; and vi. The Provincial and Federal Governments and their agencies; and 2.and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City’s website, together with an invitation to the public to comment, and; 3.That Zone Amending Bylaw No. 7282-2016 be rescinded; and 4.That Zone Amending Bylaw No. 7401-2017 be given first reading; and 5.That the applicant provide further information as described on Schedules A, C, D, E, F and G of the Development Procedures Bylaw No. 5879–1999, along with a Subdivision application. 1103 - 2 - DISCUSSION: a) Background Context: Applicant: Bissky Architructure and Urban Design Inc. Wayne Bissky Legal Description: Lot1, D.L. 401, NWD, Plan BCP24521 OCP: Existing: Low-Rise Apartment and Conservation Proposed: Low Density Multi-Family Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-2 (Medium Density Apartment Residential) Surrounding Uses: North: Use: Park Zone: RS-1 (Single Detached Urban Residential) Designation: Conservation, Low-Rise Apartment South: Use: Apartment Zone: RM-2 (Medium Density Apartment) Designation: Low-Rise Apartment, Conservation East: Use: Single Family, Senior’s Assisted Living Apartment Zone: RS-1 (One Family Urban Residential), CD-1-00 (Comprehensive Development) Designation: Single Family Residential, Low-Rise Apartment West: Use: Park Zone: RS-1 (Single Detached Urban Residential) Designation: Conservation, Low-Rise Apartment Existing Use of Property: Vacant, except for a discontinued temporary Sales Office for an adjacent development Proposed Use of Property: RM-2 (Medium Density Apartment Residential District) Site Area: 1.425 ha (3.5 acres) Access: 227th Street Servicing requirement: Urban Standard b) Site Characteristics: The subject property is located on the west side of 227th Street, north of Hollyrood Avenue and south of the gaming facility at 22710 Lougheed Highway. The site slopes gradually from 227th Street down to the west and more steeply down to the northwest corner of the property. Dedicated park land surrounds the property to the north and west for the protection of steep slopes. There is a four storey apartment located to the south; and single family housing and a senior’s assisted living apartment are located east of the site. A watercourse is located in the Park to the north and the 15 metre setbacks for it extend onto this site. There are slopes in excess of 15% on the site. - 3 - c) Project Description: The applicant has applied to rezone the 0.55 ha of the southern portion of the subject property (Appendix D) to RM-2 (Medium Density Apartment Residential District) leaving the remainder of the property zoned RS-1 (One Family Urban Residential). The applicant is proposing to subdivide that portion of the subject property which will remain RS-1 (One Family Urban Residential) from the portion currently under application for rezoning. The applicant is proposing two 5 storey apartment buildings with 1.8 FSR on the portion of the subject property under the rezoning application and subdivide the remainder of the property for future development. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to Second Reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and Bylaw particulars, and may require application for further development permits. d) Planning Analysis: Official Community Plan: The development site is located within the Town Centre Area Plan and is currently designated Low- Rise Apartment and Conservation. For the proposed development an OCP amendment may be to adjust the Conservation boundary. The Town Centre Area Plan Zoning Matrix identifies that under the Low-Rise Apartment Designation RM-2 (Medium Density Apartment) is an appropriate zone for the designation. The Low-Rise Apartment designation is tended for development in a three (3) to five (5) storey apartment form where units are accessed from an internal corridor and residential parking is provided unground.. Policy 3-22 states that All Low-Rise Apartment developments should be a minimum of three (3) storeys. Zoning Bylaw: The current application proposes to rezone 0.55 ha (Appendix D) of the property located at 11641 227th Street from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit two 5 storey apartment buildings with a 1.8 FSR (Floor Space Ratio) and subdivide the remainder of the property off for future development. The minimum lot size for the current RS-1 (One Family Residential) zone is 668m2, and the minimum lot size for the proposed RM- 2 (Medium Density Apartment Residential zone is 1,300m2. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.11 of the OCP, a Town Centre Development Permit South View application is required for all multifamily residential, flexible mixed use and commercial development located in the Town Centre. - 4 - Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for:  All areas designated Conservation on Schedule “B” or all areas within 50 metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan;  All lands with an average natural slope of greater than 15 %;  All floodplain areas and forest lands identified on Natural Features Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. Advisory Design Panel: A Town Centre Development Permit (South View) Development Permit is required and must be reviewed by the Advisory Design Panel prior to Second Reading. Development Information Meeting: A Development Information Meeting is required for this application. Prior to Second Reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. e) Preliminary Environmental Comments: A preliminary environmental review has concluded that a combined WPDP and NFDP application will be required given steep slopes over 15% and proximity to watercourses on adjacent sites. There are slopes on the western portion of the site that are over 25% based on Lidar 2014 data, which will likely require steep slope conservation covenants or possible dedication. Slopes of over 30% extend into the central part of the site from the west and are the western portion and northwest corner of the site. These sloping areas are not considered to be developable areas under NFDP hillside policies and guidelines as well as Zoning Bylaw. As for most development sites, some regrading will likely be necessary; however, filling these natural features will not be supported. The development layout should work around these sensitive areas to work with the natural topography on site. The lands abut one of the most significant and natural ravine and creek systems in the Town Centre. A visual aesthetic assessment for the top of the hillside area to the park and slope area respecting building placement to avoid overpowering the natural setting from the ravine and park areas is desirable. There are associated geotechnical issues as well as setbacks being required on this site that considers adjacent conservation areas, stormwater management requirements, and tree retention objectives from an environmental perspective. Some watercourse protection setbacks along the northern portion of the site may be necessary. A Qualified Environmental Profession and a Geotechnical Engineer need to conduct an assessment and ground truth the site to determine the developable area and the necessary conservation requirements. - 5 - f) Interdepartmental Implications: In order to advance the current application, after First Reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Building Department; e) Parks Department; f) School District; g) Utility companies; h) Ministry of Transportation and Infrastructure; and i) Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between First and Second Reading. g) Early and Ongoing Consultation: In respect of Section 475 of the Local Government Act for consultation during an Official Community Plan amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the City’s website, together with an invitation to the public to comment. h) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879–1999 as amended: 1. An OCP Application (Schedule A); 2. A complete Rezoning Application (Schedule C); 3. A Town Centre Development Permit Application (Schedule D); 4. A Development Variance Permit (Schedule E); 5. A Watercourse Protection Development Permit Application (Schedule F); and 6. A Natural Features Development Permit Application (Schedule G). The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. - 6 - CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant First Reading to Zone Amending Bylaw No. 7401-2017. Additional information is necessary from the applicant to determine the developable portion of the lands, understand how the development layout should work around with and incorporate the natural environment. “Original signed by Wendy Cooper” _______________________________________________ Prepared by: Wendy Cooper, MCIP,RPP Senior Planning Technician “Original signed by Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by 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. 7401-2017 DATE: Oct 13, 2017 FILE: 2017-461-RZ 11641 227 STREET PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 BY: LP Legend Stream Ditch Centreline Indefinite Creek APPENDIX A DATE: Oct 13, 2017 FILE: 2017-461-RZ 11641 227 STREET City of Pitt Meadows District of Langley District of MissionFRASER R. ^ PLANNING DEPARTMENTRITCHIE AVE.GILLEY AVE.BRICKWOOD CLOSE227 ST.ROYAL CRES.FULTON ST.227HO LYROO D A V E. ROYAL CRES. 2 2 7 8 1 2279422 5 2 3 2272911657 2273411644 11 609 11662-9022588 2274611601 11703 11637 225 1 0 2279822711-5122 5 2 8 22514 1165 4 2 2 5 0 8 11 649 22 5 2 7 2276911 627 2276611643 2 2 7 8 9 2272271522721227112 2 7 9 1 1160 5 22 5 2 5 2 2 7 5 0 227101162 0 2 2 7 4 2 2251 8 11 6 24 227612 2 7 5 8 22 5 2 1 22555 2 2 7 9 3 22 5 2 6 2271211634 2 2 7 3 4 227532271911 650 11 655 22516 22718225332274511640 2279211631 11630 22 5 2 9 22537116 382255622535 2 2 7 9 5 22 5 3 1 11641 227562273722707225 3 0 2 2 7 8 3 22512 227035152 2 7 2 6 2279622724225 2 0 2 253 2 22 52 251 5 11630 22 5 2 422548 11661 -2253411623 SUBJECT PROPERTY Aerial Imagery from the Spring of 2016´ Scale: 1:2,500 BY: LP APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7401-2017 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. 7401-2017." 2.That parcel or tract of land and premises known and described as: Lot 1 District Lot 401 Group 1 New Westminster District Plan BCP24521 and outlined in heavy black line on Map No. 1738 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-2 (Medium Density Apartment 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 day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 APPROVED by the Ministry of Transportation and Infrastructure this day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 11 6 A V E .RITCHIE AVE.GILLEY AVE.BRICKWOOD CLOSE227 ST.HOLY R O O D A V E. 22 7 8 1 2252 3 2 2 7 2 92250911657 2273411644 11609 11662-90 225022274611644 11601 11686 11602 11578 11637 22510 22711-512252 8 11698 22514 11654 22 5 0 8 11608 11649 11674 1163811662 2252 7 11627 11643 22 7 8 9227152 2 7 2 1 2271111650 22 7 9 1 11605 2252 511668 2271011620 22 7 4 2 22518 11624 11626 2252 1 22 7 9 3 2252 6 227122250411634 22 7 3 4 2271911650 11655 22516 2 2 7 1 8 2 2 5 3 3 11680 2 2 7 4 51164011631 11630 11620 2252 9 11692 2253711638 11614 2253522 7 9 5 225 3 1 11641 2 2 7 3 7 227072250622530 22 7 8 3 22512 2270311724 2251522 7 2 62272422520 22532 2252 22251 5 116302252 4 11656 11623 36 2 21 19 5 37 8 2 8 3 42 5 21 4 30 11 4 43 14 2 26 27 17 19 1 5 9 29 39 24 2 PARK 18 23 13 1 41 PARK 3 19 28 31 14 H 3 2 22 20 20 10 5 1 25 21 1 15 11 12 7 17 1 221 18 6 3 7 18 40 PARK 20 A 191 4 LOT J 38 10 6 70 6 34 2 511 1 16 33 1 13 16 4 6 1 PARK 35 15 8 12 9 32 2 7 BCP 9284 P 72181NWS 2997BCP 9284LMP 50997 NWS 3147 BCP 44924LMP 10787P 70416P 4769 *PP087BCS 3 9 1 LMP 9571 P 63225 P 10091LMP 50997 NWS 2316 LMS 804 P 72462BCP 44924 NWS 2547 LMS 1315 BCP 24521 LMS 1873 P 70416 BCP 22107 NWS 2509 P 21553 P 82501 LMP 5 09 9 7P 70416LMS 1172 BCP 24521 LMP 3942 LMS 618 BCP 9284BCP 22107 LMP 19680 BCP 5738BCP 9283 RW 18313BCP 9 2 8 6 EP 70417EP 70417RP 63699BCP 9285RW 77641EP 70417EP 81137EP 70417E P 7 0 4 1 7 LMP 3514EP 70417 EP 70417 LMP EP 85053 BCP 9 285 LMP 19681RP 74204LMP 48046 9574 LMP 13595R W 7 4 2 0 5 BCP 9286LMP 3513RW 58 8 8 3 LMP 9574 RW 18313 EP 70417BCP 9283227 ST.´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) RM-2 (Medium Density Apartment Residential) 7401-20171738 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2017-489-RZ FROM: Chief Administrative Officer MEETING: Council SUBJECT: First Reading Zone Amending Bylaw No. 7407-2017 11903, 11917 Burnett Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit a five storey condominium building. 54 units are proposed, divided into 10 one-bedroom units, 26 one-bedroom and den units, and 18 two-bedroom units. 61 off-street parking spaces (56 underground residential spaces and five visitor spaces) are also provided in conformance with the reduced parking requirements for the Central Business District of the City’s Off-street Parking and Loading Bylaw 4350-1990. The applicant will also be required to provide short term and long term bicycle parking. The subject property is designated as Low-Rise Apartment in the Official Community Plan (OCP), and no OCP amendment is required to accommodate the proposed development. As per Council Policy 6.31, which was updated on December 12, 2017 to remove the CAC Program exemption for properties situated within the Town Centre Area Plan boundaries, a CAC charge of $167,400 applies to this proposed development ($3,100 per apartment dwelling unit). To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: That Zone Amending Bylaw No. 7407-2017 be given first reading; and That the applicant provide further information as described on Schedules (C, D and E) of the Development Procedures Bylaw No. 5879–1999, along with the information specified in this staff report. DISCUSSION: a)Background Context: Applicant: Krahn Engineering Ltd, Wayne Venebles Legal Description: Lot 6 and 7, Section 17, Township 12, NWP22046 OCP: Existing: Low-Rise Apartment Proposed: No change 1104 - 2 - Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-2 (Medium Density Apartment Residential) Surrounding Uses: North: Use: Apartments Zone: RM-2 (Medium Density Apartment Residential) Designation: Low-Rise Apartment South: Use: Apartments Zone: RM-2 Designation: Low-Rise Apartment East: Use: Single-family residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Apartments and vacant Zone: RM-2 and RM-6 (Regional Town Centre High Density Apartment Residential) Designation: Low-Rise Apartment, and Medium and High-Rise Apartment Existing Use of Property: Single-family residential Proposed Use of Property: Apartments Site Area: 0.267 ha (0.661 acres) Access: Burnett Street Servicing requirement: Urban Standard b) Site Characteristics: The subject properties, located at 11903 and 11917 Burnett Street, together make up a rectangular development site approximately 2, 676 m2 (0.661 acres) in size (see Appendix A). A single-family dwelling is currently located on each lot. The development is generally flat and vegetated with grass, bushes and a few trees. The development site is surrounded by four storey apartment buildings to its north, west and south, and single-family dwellings to its east (see Appendix B). The latter row of single-family dwellings lies just outside of the Town Centre Area Plan boundaries. There are two recent and in-stream applications along the west side of Burnett Street south of the development site. Council granted first reading to an application for a purpose built five-storey rental apartment building on May 23, 2017 (2017-035-RZ), and second reading to another five-storey apartment building south of that on November 28, 2017 (2016-145-RZ). Both of these applications proposed around 60+ apartment units. c) Project Description: The development proposal is for a five storey condominium building with approximately 4,199 m 2 (45,202 sf) of gross floor area. It proposes 54 market condominium units comprising ten 1-bedroom units, 26 1-bedroom and den units, and 18 2-bedroom units. No studio or three bedroom units are currently proposed. - 3 - To meet the City’s housing and environmental sustainability objectives, the applicant has also volunteered to include the following elements in the building:  Three adaptable units in the unit mix (one 1-bedroom, one 1-bedroom and den, and one 2- bedroom unit);  Lease to buy option for five units;  A 350 m2 (3,800 sf) landscaped amenity space on the 5th floor roof with rain barrels to capture water for the landscaping;  Dual flushing toilets in units to save water; and  Energy efficient appliances and LED lighting inside and outside the building. 56 off-street parking spaces for residents, including an accessible space, are located in one underground parking garage. Five visitor parking spaces, including an accessible space, are also located at grade next to the front entrance of the building. A bicycle room in the underground parking garage provides 22 long term bicycle parking spaces. The project will be required to provide at least 17 short term bicycle parking spaces. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and bylaw particulars, and may require application for further development permits. d) Planning Analysis: Official Community Plan: The development site is located within the Downtown East Precinct of the Town Centre Area Plan. The Downtown East Precinct serves as the eastern interface and gateway to the Town Centre. More urban and pedestrian oriented development is desired in the Downtown East Precinct, which can include medium to high density residential high-rise towers. This project, a mid-rise residential building, conforms with the intent of the precinct guidelines of the Town Centre Area Plan. The development site is currently designated Low-Rise Apartment and an OCP amendment is not required to support the development and rezoning. The following policies apply to this proposal: Official Community Plan Policies 3-31 Maple Ridge supports the provision of rental accommodation and encourages the construction of rental units that vary in size and number of bedrooms…, Although incentives are in place to encourage purpose-built rental housing in Maple Ridge, developers cannot be forced to operate rental units where it does not align with their business practices. This project does not include any dedicated rental units, although units may be rented out at the discretion of resident-owners and the building’s strata management. Nonetheless, to maintain resident-owner rental housing, a covenant could be placed on title to restrict the building’s strata management from restricting rentals in the building in future. - 4 - This project only includes one bedroom, one bedroom and den, and two bedroom units. No studio or three bedroom units are currently proposed. 3-32 Maple Ridge supports the provision of affordable, rental and special needs housing throughout the District… As previously mentioned, this project does not provide any rental, affordable, or special needs housing. However, the applicant has volunteered a lease to buy option for five units, which can be a way to help renters to eventually purchase their units. Furthermore, Council recently passed a resolution to update the Community Amenity Contribution policy on December 12, 2017. This application is subject to the CAC contribution of $167,400 ($3,100 per unit) to be directed towards affordable and special needs housing in the City. 3-33 Maple Ridge will encourage housing that incorporates “age-in-place” concepts and seniors housing designed to accommodate special needs. Residential units constructed in accordance with SAFERhome standards and with the adaptable dwelling unit provisions of the BC Building Code (BC Reg. 216/2006, Division B, Section 3.8.5) support “age-in-place” senior housing. Other projects in the Town Centre Area have volunteered approximately 10% to 15% of their units constructed to these standards. The applicant has volunteered three (3) units out of 54, or 5% of units to be constructed as adaptable units. Town Centre Area Plan Policies 3-1 An increase in residential and commercial density is encouraged in the Town Centre, particularly within the Central Business District… Land-use should include a mix of housing types catering to various demographics, including affordable and special needs housing, within walking distance to a broad mixture of uses, including shops, services, cultural facilities, and recreation. This project will increase the number of condominium units within walking distance to a range of shops, services, and transit in and around the Central Business District. However, beyond one and two bedroom units, it does not offer significant housing diversity in terms of unit types at this time (e.g. bachelor or three bedroom units). 3-12 High density development that is four or more storeys in height may be required to include a shadow study in consideration of adjacent sites to address potential impacts on available daylight. Consideration should also be given to the privacy of residents in existing buildings. This project will be five storeys in height, but situated among four storey low rise apartments to its north, west and south, as well as a row of single family homes across Burnett Street to its east. The applicant will be asked to provide a shadow study. 3-15 Concealed parking structures are encouraged in all commercial, mixed-use, multi- family uses… in the Town Centre. Below grade parking structures are particularly encouraged for Low-Rise, Medium, and High-Rise Apartment…buildings. This project includes an underground parking garage in compliance with this policy. - 5 - 3-22 All Low-Rise Apartment developments should be a minimum of three (3) storeys and a maximum of five (5) storeys in height. This project complies with the height range envisioned by the policy. In addition to these policies, a range of environmentally sustainable policies in the Town Centre Area Plan would also apply to this application: 2-5 Incorporating Rainwater Management practices into on-site and off-site development will be encouraged […]. Some examples of Rainwater Management practices include:  bioretention areas;  rainwater gardens;  bioswales;  landscaped curb bulges on street right-of-ways;  rainwater harvest for irrigation; and  green roofs. The applicant is providing a landscaped amenity space on the roof of the building. In addition, rain barrels will collect water that can be used to water the garden. The landscaped roof of the underground parking garage will also be part of the site’s rainwater management scheme, but this is already required by the City’s current bylaws. Further details as to the extent of the landscaped amenity roof space and onsite landscaping and stormwater management scheme will be required prior to second reading in order to assess their benefits in terms of rainwater management. 2-9 The use of plant and tree species that are suited for Maple Ridge climate and that will attract local songbirds and pollinating insects species […] will be encouraged in public and private development; 2-10 Landscaping, as described in policy 2-9 above, will be encouraged in all public and private outdoor spaces in the Town Centre. For areas with a large amount of paved surfaces, such as surface parking lots and public plazas, the installation of trees, rain gardens, raised planters, and/or living green walls, where feasible, is encouraged to provide some areas of refuge for wildlife, such as small birds, rainwater interception, cooling in summer months, reduced glare from pavement, carbon sequestration, and a more attractive urban environment. The applicant is providing these measures on site. 2.20 Energy efficient design and Best Management Practices are encouraged in all developments in the Town Centre. 2-22 Maple Ridge supports the green technologies that are embedded in the Town Centre Development Permit Guidelines and encourages the incorporation of these into development. 2-24 Achieving a LEED, Built Green, or similar certification program is encouraged. The applicant is including a minimal number of “green” measures, limited to energy efficient appliances, LED lighting within and outside the building and dual flush toilets in all units. While these measures are welcome, they are minimal and less than the intensity of “green” measures that were envisioned by these policies. - 6 - In summary, this project increases the residential density within the Downtown East Precinct, and provides for more one and two bedroom condominium units in close proximity to the central business district and its shops and services. The project’s five storey buildings conform with the intent of the OCP’s Low-Rise Apartment designation, and would be similar in scale to existing apartment buildings to its north, south and west. The proposal’s unit mix and diversity is limited, but does currently include three adaptable units, a lease to buy option on five units, and some “green” measures. Zoning Bylaw: The current application proposes to rezone the two subject properties located at 11903 and 11917 Burnett Street from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit the construction of a five storey condominium building. The building’s gross floor area of 4,199 m2 (45,202 sf) achieves a floor space ratio of approximately 1.6, which is less than the maximum of 1.8 permitted by the development site’s zoning. The minimum lot size for the current RS-1 zone is 668 m2, and the minimum lot size for the proposed RM-2 zone is 1,300 m2. At this time, the following variances have been requested by the applicant:  To increase building height from four to five storeys. In other applications around the Town Centre, this variance has been supported in exchange for additional amenities such as adaptable units, rental housing, affordable units, or other housing measures.  Reduction of the front, rear and side yard setbacks from 7.5 m up to 5.3 m to accommodate balconies and increased floor space in some units. As stated above, the gross floor area and density of the building is underneath the zone’s permitted maxima. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Parking: This project’s 61 car parking spaces (i.e. 56 residential and 5 visitor spaces) meet the reduced parking requirements in the Central Business District of the Off-Street Parking Bylaw 4350 – 1990. Two spaces for persons with mobility impairments are also included in compliance with the Off-Street Parking Bylaw. It is however noted that the City has received complaints about parking from some residents along the east side of Burnett Street. To date, the nature of these complaints have been about parked vehicles blocking driveway access or sight lines to the single family houses, rather than about a lack of parking supply. The City has increased bylaw enforcement along Burnett Street to deal with these types of complaints. 22 long term bicycle parking spaces are provided in the underground garage in conformance with the bylaw. The project will also require at least 17 short term bicycle parking spaces near to the main entrance of the building. The location of these spaces has not been specified by the development proposal at this time, and will need to be confirmed prior to second reading. Development Permits: Pursuant to Section 8.11 of the OCP, a Town Centre Development Permit for the Downtown East Precinct is required for all multi-family residential, flexible mixed use and commercial development located in the Town Centre. - 7 - Advisory Design Panel: The Town Centre Development Permit must be reviewed by the Advisory Design Panel prior to second reading. Development Information Meeting: A Development Information Meeting is required for this application. Prior to second reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. e) Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Fire Department; c) Building Department; d) School District; and e) Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between first and second reading. f) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879–1999 as amended: 1. A complete Rezoning Application (Schedule C); 2. A Town Centre Development Permit Application for the Downtown East Precinct (Schedule D); 3. A Development Variance Permit (Schedule E); The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. - 8 - CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. “Original signed by Chee Chan” _______________________________________________ Prepared by: Chee Chan, MUP, MCIP, RPP, BSc Planner 1 “Original signed by Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by 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. 7407-2017 Appendix D – Proposed Site Plan DATE: Oct 26, 2017 2017-489-RZ 11903 & 11917 Burnett St PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:2,000 BY: JV Legend Stream Indefinite Creek River Major Rivers & Lakes APPENDIX A DATE: Oct 26, 2017 2017-489-RZ 11903 & 11917 Burnett St PLANNING DEPARTMENT SUBJECT PROPERTIES Aerial Imagery from the Spring of 2016´ Scale: 1:2,000 BY: JV Legend Stream Indefinite Creek River Major Rivers & Lakes APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7407-2017 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. 7407-2017." 2.Those parcels or tracts of land and premises known and described as: Lot 6 Section 17 Township 12 New Westminster District Plan 22046 Lot 7 Section 17 Township 12 New Westminster District Plan 22046 and outlined in heavy black line on Map No. 1740 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RM-2 (Medium Density Apartment 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 day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C BURNETT ST.FULLER AVE. DEWDNEY TRUNK ROAD BURNETT ST.229 ST.228 ST.DEWDNEY TRUNK ROAD GEE ST.228662296411940 11860 11921 11826 1191022780 11902 11848 11830 11869 118572273011891 11900 11856 11930 11935 11900 11932 11811 11921 11931 11817 11903 11910 11844 11824 2297111898 11954 11818 11841 11881228262290411880 229221186822909 1186122811 11800 11825 11810 118012291211953 11838 2293811891 11922 11831 11888 2270911798229102290511900 11845 11930 2293911816 11868 2292122814229872275411837 11880 11940 11890 119202295222745/4711840 11912 11810 11963 118512293622899 11797 11911 11901 229741194022923 11878 11791 2298411931 11830 2294922773/871182122917 11850 11887 11969 2289511808 229442292911881 11890 11870 11960 11820 1180922882/9611843 2289812026 11871 11911 11901 1192011907 11858 11851 11836 11950 1192022753 118212275911917 69 148 1 Rem. 5 63 146 98 15 81 236 116 76 7 109 82 48 229 64 58 75 "B" 57 122 A A 8 223231 77 224 152 114 144 97 102 140 167 119 230 120 139 138 60 133 141 155Rem. W1/2 A 79 Rem.93 Rem. 70 136 57 1 11 153 220 89 55 118 65 100 134 90 2 113 61 95 117 1 1 "A" 71 74 Rem 1 158 143 145 123 124 80 Pcl 1 151 218 87 157 214 1 54 88 56 112 62 A 150 59 78 94 135 96 154 110 137 111 142 6 147 91 Rem 66 49 72 115 121 1 7 149 101 156 53 73 99 P 86981 LMP 26960 P 43930 P 39859*PP083P 8871 P 61527 P 58813LMS 2583P 77489 P 40749P 17221LMP 8029P 56520 P 40749P 57165P 43788(P 21553) *PP089 LMP 34065 (LEASE)BCP 555LMP 46901 LP 76344 LP 59674 LMP 11048 P 13473EP 13671LMP 13758 LMP 42856 P 14874NWS 1739 P 61650 P 43788P 59452P 22046P 46839 P 44489 P 43788 (EPS 1316)P 43788P 84291 LMP 25642 (LEASE)P 13473P 68237 P 26269P 22046 BCS 4014 P 40749P 56868P 57491 LMP 53687 (LEASE/EASE.)P 43788P 32322RW 80528 P 58011 EP 32819LMP 18896 BCP 30861 LMP 18897 RW 15258 LMP 13759 BCP 50773 LMP 49848 LMP 2409 RW 15258 EP 51908LMP 49849RW 80199 LMP 43981 LMP 46902 LMP 18455 BCP 50772 BCP 22904 LMP 2449 LMP 31454 (EASEMENT)228 ST.´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) RM-2 (Medium Density Apartment Residential) 7407-20171740 BURNETT STREETLINE OF PARKADE RAMP DOWNPROPOSED CONDO(7.51 m)24'-7 5/8" SETBACK(7.5 m)24'-7 1/4" SETBACK(7.49 m)24'-6 7/8" SETBACKROAD DEDICATION2$2$11,250 sq.ft.V1V2V3V4V5PARKADE EXIT STAIRS W TRELLIS OVERLINE OF PARKING ROOFAPPROXIMATE LOCATION OF DRIVEWAY APPROXIMATE LOCATION OF EXISTING CONDOAPPROXIMATE LOCATION OF EXISTING CONDO1$1$OUTDOOR AMENITY AREA1,586 s.f.[147.3 s.m.]1$1$APPROXIMATE LOCATION OF EXISTING FIRE HYDRANTLINE OF PARKADE BELOWMAIN ENTRANCESTAMPED CONCRETE2$3$PROPOSED PROPERTY LINEEXISTING PROPERTY LINEDNDNDN(5.82 m)19'-1 1/4"(7.51 m)24'-7 1/2" SETBACK(6.04 m)19'-9 5/8"(5.34 m)17'-6 3/8"42" HIGH GUARDRAIL ON CONC UPSTAND WALL16.4%10.0%10.0%SEE LANDSCAPE DRAWINGS FOR SIDEWALK LOCATION(11.58 m)4 PARKING STALLS38'-0"(4.22 m)13'-10"OUTDOOR AMENITY AREA2,850 s.f. [264.8 s.m.](6.1 m)20'-0"(62.75 m)205'-10 1/2"(41.75 m)136'-11 5/8"(62.46 m)204'-11 1/8"(8.8 m)28'-10 3/8" DECK WALL(19' - 8 1/2")6.0 COVERED PARKINGLINE OF PARKING ROOF(6.72 m)22'-0 3/8"ADDRESS:CIVIC ADDRESS: 11903 & 11917 BURNETT STREET, MAPLE RIDGE, BCLEGAL ADDRESS: LOT 6 & 7 PLAN 22046, BOTH OF SECTION 17 TOWNSHIP 12 NEW WESTMINSTER DISTRICTZONING BYLAW ANALYSIS1. ZONING:EXISTING: RS-1,RM-2 (11903 BURNETT ST.) & RM-2 (11917 BURNETT ST.)PROPOSED:RM-22. LOT AREA:GROSS:28,813 s.f. ( 2,676.5 m2)ROAD DEDICATION: 674 s.f. NET: 28,139 s.f. (2,614 m2), 0.645 Ac. (0.261 ha)3. DENSITY (FLOOR SPACE RATIO):ALLOWED: 28,139 s.f. x 1.80 = 50,650 s.f. (1.80)PROPOSED: 45,202 s.f. / 28,139 s.f. = 1.614. USABLE OPEN SPACE & AMENITY AREA : USEABLE OPEN SPACE:REQUIRED: 28,139 s.f. x 20% = 5,627.80 s.f. PROPOSED OUTDOOR: = 4436 s.f.INDOOR AMENITY SPACE:REQUIRED: 1 s.m. x 54 UNITS = 54 s.m. [582 s.f.]PROPOSED: = 2,000 s.f. COMBINED USEABLE OPEN SPACE = 6436 s.f. [598 s.m.]5. SETBACKS (APARTMENT BUILDINGS):REQUIRED: 7.5m ALL LOT LINESPROPOSED: 7.5m FRONT (EAST) / 6.0m DECK WALL/6.0M COVERED PARKING7.5m REAR (WEST) / 5.3m DECK WALL7.5m SIDE (NORTH) / 5.8m DECK WALL8.8m SIDE (SOUTH) / 8.8m DECK WALL4. BUILDING HEIGHT:MAXIMUM HEIGHT PERMITTED: 4 STOREYSPROPOSED HEIGHT: 5 STOREYS5. LOT COVERAGE: PROPOSED LOT COVERAGE: (13500 s.f. / 28139 s.f. ) x 100 = 48%6. PARKING:RESIDENTREQUIRED: = 10 du (1 BED) x 1 SPACE/UNIT = 10 SPACES= 26 du (1 BED + DEN) x 1 SPACE/UNIT = 26 SPACES= 18 du (2 BED) x 1 SPACE/UNIT = 18 SPACESTOTAL = 54 SPACESPROVIDED: =55 SPACES (1 H/C SPACE)VISITORREQUIRED: = 54 du x 0.1 SPACE/UNIT = 5.4 (5) SPACESTOTAL = 5 SPACESPROVIDED: = 5 SPACES (1H/C SPACE)BICYCLE PARKING:REQUIRED : 1 FOR EVERY 4 UNIT =13.5PROPOSED =22ABBOTSFORD OFFICEVANCOUVER OFFICEPROJECT NAMEISSUES AND REVISIONSPROJECT ADDRESSDRAWING TITLESCALEDRAWNCHECKEDPROJECT NO.DRAWING NO.THIS DRAWING IS PROPERTY OF KRAHN GROUP OF COMPANIES AND SHOULD NOT BE COPIED OR DISTRIBUTED WITHOUT PRIOR WRITTEN CONSENT400 - 34077 GLADYS AVENUE ABBOTSFORD B.C. V2S 2E8110 - 2920 VIRTUAL WAY VANCOUVER B.C. V5M 0C4larry podhoraT: 604.853.8831 F: 604.853.1580 WWW.KRAHN.COMT: 604.294.6662 F: 604.294.6665 WWW.KRAHN.COM1952 BRACKMAN WAY. NORTH SAANICH. B.C. V8L 0C2SEALEDMONTON OFFICE1000 - 10117 JASPER AVENUE EDMONTON AB. T5J 1W8T: 780.758.2002 WWW.KRAHN.COMDUFKLWHFW/G:\2017 Project Folders\170464 5 Storey Condo-Maple Ridge\1-170464-A\1.0 Active Drawings\1.0.1 Archived Working Files\2017-11-08 - Parking Garage Setbacks\170464 Maple Ridge 5 Story Condo_mikevanlaar_detached.rvtAs indicatedPROPOSED 5 STOREYCONDO11903 & 11917 BURNETT STREET,MAPLE RIDGE, BCSITE PLANMVWV170464A2.1?NO. DATE Y/M/D DESCRIPTION1 2017/10/20 ISSUED FOR DPSCALE: 1" = 10'-0"1 SITE PLANPROJECT NORTHUNIT BREAK DOWNUNIT TOTAL UNITS AREATOTAL AREAA (2 BR) 181,026 sq.ft. [95.3sq.m.] 18,468 sq.ft. [1715.7 sq.m.]B (1BR +DEN) 26764 sq.ft. [71.0 sq.m.] 19,864 sq.ft. [1845.4 sq.m.]C (1 BR) 10686 sq.ft. [63.7 sq.m.] 6,860 sq.ft. [637.3 sq.m]TOTAL 54-45,192 sq.ft. [4198.5 sq.m.]APPENDIX D -1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2016-091-RZ FROM: Chief Administrative Officer MEETING: Council SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7416-2017; Second Reading Zone Amending Bylaw No. 7254-2016; 14155 Marc Road EXECUTIVE SUMMARY: An application has been received to rezone the subject property located at 14155 Marc Road from A-2 (Upland Agricultural) to R-1 (Residential District), and R-2 (Urban Residential District), to permit a future subdivision of approximately 109 lots. Council granted first reading to Zone Amending Bylaw No. 7254-2016 and considered the early consultation requirements for the Official Community Plan (OCP) amendment on June 14, 2016. The minimum lot size for the current A-2 Upland Agricultural Zone is 4.0m2 (10.0 acres). The proposed development is in compliance with the policies of the Silver Valley Area Plan of the Official Community Plan (OCP). Ground-truthing on the site has established the developable areas, and as a result, an OCP amendment is required to revise the boundaries of the land use designations to fit the site conditions. Ground truthing has also led to significant revisions of the original proposal that accompanied the first reading report. The site plan accompanying this report, attached as Appendix E, proposes a reduced lot yield and only single family lots (no townhouse units). Pursuant to Council policy, this application is subject to the Community Amenity Contribution Program at a rate of $5,100.00 per single family lot, for an estimated amount of $555,900.00. 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 No7416-2017 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. 7416-2017 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 . 7416-2017 is consistent with the Capital Expenditure Plan and Waste Management Plan; 1105 -2 - 4)That Official Community Plan Amending Bylaw No. 7416-2017 be given first and second readings and be forwarded to Public Hearing; 5)That Zone Amending Bylaw No. 7254-2016 be amended as identified in the staff report dated January 16, 2018, be given second reading, and be forwarded to Public Hearing; 6)That the following terms and conditions be met prior to final reading: i)Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii)Amendment to to Official Community Plan Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, and Figure 4 - Trails / Open Space, iii)Park dedication as required, including construction of multi-purpose trails, emergency access roads; and removal of all debris and garbage from park land; iv) Registration of a Restrictive Covenant for the Geotechnical, which addresses the suitability of the subject property for the proposed development; v)Registration of a Restrictive Covenant for the protection of the Environmentally Sensitive areas on the subject property; vi) Registration of a Restrictive Covenant for Tree Protection; vii) Registration of a Restrictive Covenant for Stormwater Management; viii) Notification to the Department of Fisheries and Oceans and the Ministry of Environment for in-stream works on the site; and ix)That a voluntary contribution, in the amount of $555,900.00 ( $5,100.00/lot), be provided in keeping with the Council Policy with regard to Community Amenity Contributions. DISCUSSION: a)Background Context: Applicant: Morningstar Homes Ltd. Ryan Lucy Legal Description: Lot 2, Section 32, Township 12, Plan: LMP14126, Lot 3, Section 32, Township 12, Plan: LMP14126 OCP: Existing: ECO (Eco Clusters), Conservation, Rural Residential Proposed: Eco Clusters, Conservation Zoning: Existing: A-2 (Upland Agricultural) Proposed: R-1 (Residential District) and R-2 (Urban Residential District - 3 - Surrounding Uses: North: Use: Vacant Zone: A-2 (Upland Agricultural) Designation Rural Residential & Agricultural South: Use: Single Family Residential Zone: R-1 (Residential District) Designation: Eco Clusters East: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Eco Clusters and Conservation West: Use: Blaney Bog Zone: A-5 (Agriculture Only) Designation: Park within the ALR and Rural Residential Existing Use of Property: Vacant Proposed Use of Property: Urban Residential Site Area: 30.079 Ha. (74.32 acres) Access: Marc Road Servicing requirement: Urban Standard BACKGROUND: A previous application for this site (RZ/008/09, not completed) proposed a development of 137 units, which is more lots than proposed by the current application. A central feature of the Silver Valley Plan and the Eco-cluster designation is for the land to inform development, thereby enabling the built form to be sensitive to the natural features of the land base. The Plan’s goals are to preserve the character and features of the lands as much as possible and to avoid wholesale regrading or blasting to enlarge development envelopes. Slopes in excess of 25% should not be disturbed or built on. A complete assessment of these elements by this applicant has resulted in a proposal of fewer lots than proposed in the first reading report, providing a better “fit” with developable portions of the site. b) Project Description: The current application proposes to rezone the subject properties from A-2 (Upland Agricultural) to R-1 (Residential District), and R-2 (Urban Residential Districtl). The proposed lot yield includes a total of 109 single family lots with 28 R-1 (Residential District) lots and 81 R-2 (Urban Residential District) lots. Large tracts of conservation lands enclose the site, amounting to 23.7 hectares (58.6 acres) of dedicated parkland. In addition, a 0.31 hectare neighbourhood park will be located in the centre of the developable portion of the site. The total percentage of park dedication will be roughly 80% of the lot. Trail development as indicated in the Silver Valley Area Plan will be constructed as part of this application. - 4 - c) Planning Analysis: i) Official Community Plan: The subject properties are split designated Eco-cluster and Conservation (the smaller northern parcel is also designated 46% Rural Residential). The Eco-cluster designation refers to the developable portions of the site. Some adjustments in the designations have been made in response to ground – truthing. These have been adjusted as shown in Appendix C, as attached. Section 5.4.6 of the Silver Valley Area Plan speaks to Eco-Cluster densities, as follows: a) Densities and housing types should be diversified within and between Eco-Clusters. b) The densities of Eco-Clusters in the eastern sector should be lower than other Eco-Clusters due to limited access and the requirements for accommodating equestrian activities, i.e. pastures and stables. c) An Eco-Cluster includes varying levels of density, ranging from 5 to 15 units per hectare, in the form of single and/or multi-family units, dependent on proximity to a Hamlet centre, slope constraints, view impacts, and existing development. d) Residential areas should be developed in a manner to allow a gradual and natural increase in density over time. The Eco-Cluster designation is intended to provide development opportunities in sparsely developed or rural areas, in a cluster form which supports sensitive implementation, minimal site regrading and tree clearing, and integration of housing into a natural forest setting. Eco-clusters are located in areas where topography is difficult, where view impacts need to be minimized, and where the existing rural character should be retained. The portions of the 30.0 hectare subject site that are designated Eco-Cluster amount to 18.3 hectares. For a site of this size, the number of units within the 5 – 15 units per hectare density range amount to between 100 to 300 units. The proposed 109 units of this development are within the lower end of this range. As this site is near the periphery of the Plan boundaries, adjacent to a rural context, and to land that is within the Agricultural Land Rese rve, these lower densities are supportable. Agricultural Policies: The Official Community Plan also contains policies aimed at protecting the productivity of agricultural land. The subject property is adjacent to Blaney Bog Regional Park to its West. As this park site is within the Agricultural Land Reserve, policy 6-12 b) will apply, as follows: Maple Ridge will protect the productivity of its agricultural land by:… b) Requiring agricultural impact assessments (AIAs) and Groundwater Impact Assessment of non-farm development and infrastructure projects and identifying measures to off-set impacts on agricultural capability… ZONING BYLAW: The minimum lot size for the current A-2 Upland Agriculture zone is 4 hectares. The proposed R-1 (Residential District) Zone has a minimum parcel size of 371 m2 and the proposed R-2 (Urban Residential District) Zone has a minimum parcel size of 315 m2. The initial proposal included some multi-family development but has since been revised as shown on the site plan, attached as Appendix E. - 5 - ii) Off-Street Parking And Loading Bylaw: Single family uses generate a required off-street parking complement of 2 off-street parking stalls per lot. However, the R-1 (Residential District) Zone permits a secondary suite as an accessory use, which has an additional required parking complement of 1 stall. Parking considerations will be addressed through the building permit process upon completion of the rezoning and subdivision application. iii) Development Permits: Pursuant to Sections 8.9 and 8.10 of the OCP, a Watercourse Protection Development Permit and a Natural Features Development Permit application is required to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas, and for all development and subdivision activity or building permits for:  All areas designated Conservation on Schedule “B” or all areas within 50 metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan;  All lands with an average natural slope of greater than 15 percent;  All floodplain areas and forest lands identified on Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. iv) Development Information Meeting: A Development Information Meeting was held at Yennadon School Gymnasium on November 30, 2017. 38 people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Anderson Creek road emergency access would become road in response to traffic demand.  Schools and commercial development needed in Silver Valley, more residential development needed in Town Centre.  Impacts of Marc Road development on adjacent neighbourhood. The following are provided in response to the issues raised by the public:  Municipal departments have agreed that the Anderson Creek Drive access could be developed for emergency access only. This was not the original plan in the OCP, which shows a fully accessible road. However, the proposed lot layout and road pattern has been determined to be adequate for access and egress purposes.  This residential development proposal is consistent with the subject property’s land use designation.  Lots proposed on Marc Road have been moved further south for tree protection and reduced neighbourhood impacts. v) Parkland Requirement: As there are more than two additional lots proposed to be created, the developer will be required to comply with the park dedication requirements of Section 510 of the Local Government Act prior to subdivision approval. For this project, there is sufficient land that is proposed to be dedicated as park on the subject property and this land will be required to be dedicated as a condition of Final Reading. - 6 - d) Environmental Implications: The site plan has been developed through collaboration with the Environmental Planner and the applicant’s consultant team. The lot layout has considered conservation lands and tree protection measures in its current form. e) Agricultural Impact: An agricultural impact assessment will be required, due to the proximity of the site to the Blaney Bog, which is within the Agricultural Land Reserve. This requirement can be met as a condition of subdivision. f) Interdepartmental Implications: i) Engineering Department: Engineering comments focused on the need for servicing upgrades for road construction, sanitary sewer, storm sewer, street trees, street lighting, and the watermain. As adjacent parcels will benefit from the provision of this infrastructure, a latecomers agreement is proposed to reimburse the developer for these costs when adjacent properties develop in the future. ii) Parks & Leisure Services Department: Both municipal and regional park department involvement have been sought, due to the proximity of the site to Blaney Bog. Park dedication is required as a condition of rezoning. iii) Fire Department: The Fire Department agrees to allowing the Anderson Creek drive access to be downgraded to emergency access only. Further input will be sought at the subdivision stage for the wildfire development permit that must be approved prior to development occurring on the site. The applicant has provided a preliminary wildfire hazard assessment. This work will need to be updated upon review of the subdivision layout as a requirement of the subdivision application. g) 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 477 of the Local Government Act. The amendment required for this application, to conservation boundaries, 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. h) Citizen/Customer Implications: The applicant has been consulting with the neighbourhood extensively as this application has progressed. To meet the City’s formal consultation requirements, a Development Information Meeting was held on November 30, 2017. A public hearing will be required as part of this rezoning application. - 7 - CONCLUSION: It is recommended that first and second reading be given to OCP Amending Bylaw No. 7416-2017, that second reading be given to Zone Amending Bylaw No. 7254-2016, and that application 2016-091-RZ be forwarded to Public Hearing. “Original signed by “Diana Hall” _______________________________________________ Prepared by: Diana Hall, M.A., MCIP, RPP Planner 2 “Original signed by “Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by “Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by “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. 7416-2017 Appendix D – Zone Amending Bylaw No. 7254-2016 Appendix E – Site Plan DATE: Jan 3, 2018 FILE: 2016-091-RZ 14155 MARC ROAD PLANNING DEPARTMENT´ Scale: 1:5,000 BY: PC SUBJECT PROPERTY Legend Stream Ditch Centreline Edge of Marsh Indefinite Creek River Centreline Lake or Reservoir Marsh APPENDIX A DATE: Jan 3, 2018 FILE: 2016-091-RZ 14155 MARC ROAD City of PittMeadows District of Langley District of MissionFRASER R. ^ PLANNING DEPARTMENT Aerial Imagery from the Spring of 2016´ Scale: 1:5,000 BY: PC SUBJECT PROPERTY APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7416-2017 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 Schedule "A" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7416-2017." 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 3 Section 32 Township 12 New Westminster District Plan LMP14126 and outlined in heavy black line on Map No. 969, a copy of which is attached hereto and forms part of this bylaw, is hereby designated 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 3 Section 32 Township 12 New Westminster District Plan LMP14126 and outlined in heavy black line on Map No. 970, a copy of which is attached hereto and forms part of this bylaw, is hereby designated as shown. 4.Maple Ridge Official Community Plan Bylaw No.7060-2014 as amended is hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 141 AVE.MARC RD.PARKSIDE CRES.ANDERSONC R E E K DRIVE MARC RD.´ SCALE 1:5,000 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:From: To: To Amend Silver Valley Area Plan Figure 2Eco CLuster and Conservation Conservation Eco Cluster Neighbourhood Park 7416-2017969 Urban Area Boundary Urban AreaBoundary 141 AVE.MARC RD.PARKSIDE CRES.ANDERSONC R E E K DRIVE MARC RD.´ SCALE 1:5,000 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:To Amend Silver Valley Area Plan Figure 4: Trail/Open Space as shown 7416-2017970 Urban Area Boundary Urban AreaBoundary Add to Conservation Remove from Conservation Add to Neighbourhood Park Add to Trail CITY OF MAPLE RIDGE BYLAW NO. 7254-2016 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. 7254-2016." 2.Those parcel or tract of land and premises known and described as: Lot 3 Section 32 Township 12 New Westminster District Plan LMP14126 and outlined in heavy black line on Map No. 1679 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-1 (Residential District), R-2 (Urban 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 14th day of June, 2016. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX D 141 AVE.MARC RD.PARKSIDE CRES.ANDERSONC R E E K DRIVE ´ SCALE 1:5,000 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: A-2 (Upland Agricultural) R-1 (Residential District)R-2 (Urban Residential District) 7254-20161679 Urban Area Boundary Urban AreaBoundary APPENDIX E -1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2016-004-RZ FROM: Chief Administrative Officer MEETING: Council SUBJECT: Second Reading Zone Amending Bylaw No. 7211-2016 13245 236 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 13245 236 Street, from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RM-1 (Townhouse Residential) to permit the future development of 31 townhouse units. Council granted first reading to Zone Amending Bylaw No. 7211-2016 on February 23, 2016. 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, for an estimated amount of $127,100.00. RECOMMENDATIONS: 1)That Zone Amending Bylaw No. 7211-2016 be given second reading, and be forwarded to Public Hearing; 2)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 security deposit, as outlined in the Agreement; ii)Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject property for the proposed development; iii)Registration of a Restrictive Covenant for protecting the Visitor Parking; iv) Registration of a Restrictive Covenant for Tree Protection; v)Registration of a Restrictive Covenant for Stormwater Management; vi) Removal of existing buildings; vii) 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 1106 - 2 - viii) That a voluntary contribution, in the amount of $127,100.00 be provided in keeping with the Council Policy with regard to Community Amenity Contributions. DISCUSSION: 1) Background Context: Applicant: Michael Oord Legal Description: Lot 39 Section 28 Township 12 New Westminster District Plan 40978 OCP: Existing: Medium/High Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: Multi-Family Residential Zone: RST-SV (Street Townhouse) Designation: Medium/High Density Residential South: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential), under application for RM-1 (Townhouse Residential) Designation: Medium/High Density Residential East: Use: Multi-Family Residential Zone: RM-1 (Townhouse Residential) Designation: Medium/High Density Residential West: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential), under application for RM-1 (Townhouse Residential) Designation: Neighbourhood Park; Medium/High Density Residential; Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Multi-Family Residential Site Area: 0.78 ha (1.93 acres) Access: 236 Street Servicing requirement: Urban Standard 2) Project Description: The subject property is located in the River Village of the Silver Valley Area Plan and is approximately 0.78 ha (1.93 acres) in size. A single family home is currently located on the property and is bound by a proposed townhouse development (2016-031-RZ) to the south, a proposed townhouse development to the west, Larch Avenue and street townhouses to the north, and an existing townhouse development to the east. Larch Avenue has recently been constructed in a new alignment further north of the property; therefore, the adjacent road right-of-way to the north of the property will be maintained as a trail. The north-eastern portion of the subject property is higher in - 3 - elevation and slopes down towards the south-west. There is a considerable amount of vegetation and tree cover surrounding the existing house on the subject property (see Appendices A and B). The applicant is proposing a townhouse development consisting of 31 units to be accessed from 236 Street. Double-car garages are proposed for 28 of the units, with the remaining 3 units proposed to have tandem garages. A common activity area is proposed along the northern property boundary. There are significant trees located on the western property boundary that will be retained through a tree protection covenant. Retaining walls will be required to mitigate the grade changes on site. The architectural aesthetics of the proposed development will utilize ‘West Coast’ inspiration of incorporating natural environment into the design, and this will be the subject of a future report to Council. 3) Planning Analysis: i) Official Community Plan: The subject property is located just north of the intersection of 236 Street and 132 Avenue, within the River Village of the Silver Valley Area Plan. The Official Community Plan (OCP) designation for the subject property is Medium/High Density Residential, which allows both single family and multi- family housing forms. Silver Valley Area Plan Policy 5.2. states: River Village is located along a main arterial route in the Silver Valley area, on Fern Crescent, between Maple Ridge Park to the south and an escarpment to the north and east. Principle 5.2.2 a) identifies that the “River Village is to be a complete community, with a main shopping street, integrated multi-family housing, mixed-use buildings, civic buildings and community facilities, including a high school, and an elementary school.” Densities of 30-50 units per hectare are encouraged for the River Village area and may include attached as well as detached fee-simple housing. The proposed RM-1 (Townhouse Residential) development, at 31 units per 0.78 hectare, is approximately 40 units per hectare, and therefore complies with the Medium/High Density Residential designation within the Silver Valley Area Plan. ii) Zoning Bylaw: The current application proposes to rezone the subject property from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RM-1 (see Appendix C) (Townhouse Residential) to permit the future development of approximately 31 townhouse units (see Appendix D). The maximum allowable density of the RM-1 (Townhouse Residential) zone is a floor space ratio of 0.6 times the net lot area, excluding a maximum of 50 m² of habitable basement area per unit. This development has a floor space ratio of 0.58, so it complies with the allowable maximum density. A preliminary review of the plans indicates that the proposal generally complies with the Zoning Bylaw and the Subdivision and Development Services Bylaw; however, several variances will be requested, as outlined below. iii) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations (see Appendix D): 1. To reduce the minimum front yard setback for Blocks 1 and 2 from 7.5 m (25 ft.) to 4.5 m (15 ft.) to the principal building at its shortest distance and to 2.8 m (9 ft.) to the deck 2. To reduce the minimum rear yard setback for Block 6 from 7.5 m (25 ft.) to 5.7 m (19 ft.) at its shortest distance. - 4 - 3. To reduce the minimum side yard setback for Blocks 6 and 7 from 7.5 m (25 ft.) to 5.5 m (18 ft.) to the principal building at its shortest distance and for Blocks 2, 3, 6 and 7 to 2.8 m (9 ft.) to the deck. 4. To reduce the minimum required Usable Open Space per three bedroom unit with a minimum dimension of not less than 6 m (20 ft.) for Blocks 1, 3, 5, 6 and 7 down to 4.5 m (15 ft.) for its shortest length. (Note that the shortfall of 26 m² (280 ft²) of Usable Open Space is provided in Community Amenity Space. Overall, the required amount of Community Amenity Space is 155 m² (1,668 ft²) and 184 m² (1,981 ft²) is being provided). 5. To increase the maximum retaining wall height from 1.2 m (4 ft.) to 4.1 m (13 ft.) at its highest point. 6. To increase the maximum building height for Blocks 1, 3, 4, 5, 6 and 7 from 11 m (36 ft.) to 11.8 m (39 ft.) at its highest point. 7. To reduce the required 3 m (10 ft.) parking radius arc for visitor parking stalls 4 and 6. The requested variances to the RM-1 (Townhouse Residential) zone will be the subject of a future report to Council. iv) Off-Street Parking And Loading Bylaw: The Off-Street Parking and Loading Bylaw No. 4350 – 1990 requires that the RM-1 (Townhouse Residential) zone provide two off-street parking spaces per dwelling unit, plus 0.2 spaces per dwelling unit designated for visitors. There are 31 dwelling units proposed, therefore, 62 resident parking spaces are provided and 7 visitor parking spaces, including one accessible parking space. Some of the driveway aprons of individual units are also capable of providing additional off-street parking spaces within the development. 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 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for:  All areas designated Conservation on Schedule “B” or all areas within 50 metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan;  All lands with an average natural slope of greater than 15 percent;  All floodplain areas and forest lands identified on Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. Pursuant to Section 8.12 of the OCP, a Wildfire Protection Development Permit application is required for all development and subdivision activity or building permits for areas identified as wildfire risk areas, as identified on the Wildfire Development Permit Area map. 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 October 18, 2017 (see Appendices E and F). Following presentations by the project Architect and Landscape Architect, the ADP made the following resolutions: - 5 -  Provide alternate solution in case hedge row of trees won’t be saved during the construction.  Provide site sections to show transition including different types of retaining walls and transitions.  Provide exterior stairs for exit and entry.  Show light wells where necessary for occupied basement areas.  Consider moving entrances forward where possible. The ADP concerns have been addressed and are reflected in the current plans (see Appendices A and B). 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 Elementary School on November 16, 2017 and 5 people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Concern regarding the removal of the trees along the northern property boundary, adjacent to the municipal trail; and  Suggestion that additional landscaping and trees within the municipal trail would help to enhance the neighbourhood and keep the privacy. The following are provided in response to the issues raised by the public:  Trees along the northern property line are proposed to be retained through a Tree Protection Covenant; and  The applicant will not be providing any additional landscaping within the municipal trail. 4) Environmental Implications: An Environmental Assessment, prepared by Keystone Environmental; an Arborist Report, prepared by Van Der Zalm and Associates; and a Geotechnical Report, prepared by Geopacific Consultants, were all provided as part of the development application. The north-eastern portion of the subject property is higher in elevation and slopes down towards the south-west, where retaining walls will be used to mitigate those grade changes. Vegetation on the subject property consists of native and introduced trees, shrubs and grasses and the western property boundary has significant trees that will be retained through a Tree Protection Covenant. A Natural Features Development Permit, 2016- 106-DP, will be the subject of a future report to the Director of Planning. 5) Interdepartmental Implications: i) Engineering Department: The Engineering Department has identified this application will require upgrades, including: curb, gutter and sidewalk along the property frontage; road widening on the west side of 236 Street to the urban collector standard, as well as the ditch enclosure along 236 Street; street trees and street lights to be located along the property frontage, as well as new storm, sanitary and water connections. ii) Licences, Permits and Bylaws Department: The Licences, Permits and Bylaws Department reviewed the development application and has provided comments related to Building Code requirements which have been provided to the developer. These comments will be incorporated at the Building Permit stage. - 6 - 6) School District No. 42 Comments: The School District has noted that the subject property falls within the Yennadon Elementary and Garibaldi Secondary school catchments. Numbers for the 2017-18 school year indicate that Yennadon Elementary is at 106% utilization, with 580 students, including 130 students from out of catchment. For secondary school enrollment capacity, numbers for the 2017-18 school year indicate that Garibaldi Secondary is at 75% utilization, with 795 students, including 258 students from out of catchment. 7) Citizen/Customer Implications: A Development Information Meeting was held on November 16, 2017. The results of the concerns expressed at that meeting are discussed above. The Public Hearing will provide an additional opportunity for citizens to express their concern or support of the development. CONCLUSION: It is recommended that second reading be given to Zone Amending Bylaw No. 7211-2016, and that application 2016-004-RZ be forwarded to Public Hearing. “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. 7211-2016 Appendix D – Site Plan Appendix E – Example Building Elevation Appendix F – Landscape Plan DATE: Jan 20, 2016 2016-004-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 13245 236 St Legend Stream Ditch Centreline Edge of River Indefinite Creek River Centreline Major Rivers & Lakes APPENDIX A DATE: Jan 20, 2016 2016-004-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 13245 236 St 2011 Image Aerial Imagery from the Spring of 2011 Legend Stream Edge of River Indefinite Creek River Centreline Major Rivers & Lakes APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7211-2016 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. 7211-2016." 2.That parcel or tract of land and premises known and described as: Lot 39 Section 28 Township 12 New Westminster District Plan 40978 and outlined in heavy black line on Map No. 1658 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-1 (Townhouse 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 23rd day of February, 2016. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 13305 2355013313 13327 2355113305 13336 23582132892359713335 13320 2366823672236632368523673237162347913317 13312 13328 13326 236472361623687 2372013301 2350013309 13335 235702357513277 13346 2362123646236582364523627236512366923728 23491235512354513339 13215 13227 132452359313315 1326023605 23613236512365523683234612347713316 13345 234852357413283 13312 2361323629236372365023697 23691 13309 13335 13336/40 13350 13318 13332 235812358913165 13295 13331 13332 236622365323667236982367523469235172351313331 13319 13325 13340 236402366123659236772371213313 13319 13325 13321 235572356313322 13340 2358513339 13343 13336 2367923708235 ST.LARCH A V E.BRYANT DRIVELARCH AVE. 132 AVE.236 ST.133 AVE. 9 LMP 52145 PARK LMP 52145P 1105 2 *PP159 32 2 LMP 50571* 7 29 12 3 1 2 21 17 5 13 9 PARK 2 33 37 LMP 50153 18 31 Rem A BCS 577 P 3007 1 33 5 3 24 18 26 23 4 A 6 8 31 P 40978 3 RP 15218 EPP 1248111 15 2 4 P 47603 18 19 18 EP 13725 Rem 1 7 14 24 25 26 L M P 5 2 3 3 7 7 39 25 13 17 27 EPP 1218921 3 17 8 EPP 32491 10 32 30 5 4 38 P 1105 P 40978 EPP 124 8 1 6 9 34 25 16 20 12 11 B C P 2 9 6 3 1 7 6 30 P 24142 4 PP X4138 10 3 P 3742235 26 22 15 16 15 16 27 28 29 P 2637 8 5 6 1 3 1 2 4 8 30 20 1 22 20 1 P 37422LMP 521452 LMP 47584* 4 Rem 3 1 2 *PP157 19 EPP 1248128 21 14 EPP 23139P 47603 P 2637 (EPS 2081) EPP 32491 EPP 12482 LMP 35465EPP 9002 EPP 12 4 8 2 LMP 35465EPP 12483BCP 52028 EPP 12484 EPP 53011EPP 23135EPP 9002 EPP 12484 EPP 53011EPP 12484RW 66892LMP 35468 EPP 32492 EPP 12 4 8 2 EPP 12482 LMP 52146EPP 53011 L M P 5 2 3 3 9 EPP 12484LMP 52146 BCP 29631 EPP 32492EPP 42087EPP 12 4 8 4 BCP 29630EPP 12483EPP 33955LMP 38113 132 AVE.132 AVE. ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-2 (One Family Suburban Residential) RS-3 (One Family Rural Residential)RM-1 (Townhouse Residential) 7211-20161658 Urban Area Boundary Urban Area Boundary APPENDIX D APPENDIX E APPENDIX F City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2016-150-DVP FROM: Chief Administrative Officer MEETING: Council SUBJECT: Development Variance Permit 21083 River Road EXECUTIVE SUMMARY: Development Variance Permit application (2016-150-DVP) has been received in conjunction with a subdivision application to subdivide the property located at 21083 River Road into two lots. The requested variances are to: 1.Reduce the required Collector road standard, from 20m to 18.5m 2.Reduce the required building envelope, from 12x15m to 12x12m A Preliminary Review Letter has been issued on the accompanying Subdivision application, and the requirements are expected to be met shortly. It is recommended that Development Variance Permit 2016-150-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2016-150-DVP respecting property located at 21083 River Road. DISCUSSION: a)Background Context Applicant: Sam Lavji Legal Description: Lot 178, District Lot 249, New Westminster District Plan 42541 OCP : RES (Urban Residential) Zoning: RS-1 (One Family Urban Residential) Surrounding Uses: North: Use: Residential Zone: RS-1 (One Family Urban Residential) Designation Urban Residential South: Use: Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential 1107 - 2 - East: Use: Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential Site Area: 1590m2 Access: River Road Servicing: Urban Standard b) Project Description: A Development Variance Permit application has been received for the property located at 21083 River Road (see Appendix A). The subject application is accompanying a subdivision application to subdivide into two lots of approximately 703 m2. There is a significant tree in the north-east back yard, which will get protected through a restrictive covenant for the root-protection area, as a requirement for subdivision approval. No rezoning application is required for this subdivision. c) Variance Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for single family development. A Development Variance Permit allows Council some flexibility in the approval process. The requested variances and rationale for support are described below (see Appendices B and C): 1. Subdivision and Development Services Bylaw No. 4800-1993, Schedule A – Services and Utilities: To reduce the road standard for Collector, from 20m to 18.5m Services are established within the road as is. The applicant is also providing road dedication of 4.5m to align with the adjacent property to the East. 2. Maple Ridge Zoning Bylaw No 3510 -1985, Part 4, Section 406 1: To reduce the building envelope required in the RS-1 (One Family Urban Residential) zone, from 12x15m to 12x12m In order to protect the roots around the significant tree in the north-east back yard, a restrictive covenant is required as a condition of subdivision. To establish a buildable area around the root protection zone, a reduced building envelope is needed. In accordance with the Development Procedures Bylaw No. 5879-1999, notice of Council consideration of a resolution to issue a Development Variance Permit was mailed to all owners or tenants in occupation of all parcels, any parts of which are adjacent to the property that is subject to the permit. - 3 - CONCLUSION: It is recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2016-150-DVP. “Original signed by Therese Melser” _______________________________________________ Prepared by: Therese Melser 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 – Proposed subdivision plan DATE: May 4, 2016 2016-150-SD BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:1,500 21083 River Rd River Rd Legend Stream Indefinite Creek Major Rivers & Lakes APPENDIX A DATE: May 4, 2016 2016-150-SD BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:1,500 21083 River Rd Aerial Imagery from the Spring of 2011 River Rd Legend Stream Indefinite Creek Major Rivers & Lakes APPENDIX B APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2016-240-DVP 2016-240-DP FROM: Chief Administrative Officer MEETING: Council SUBJECT: Development Variance Permit and Development Permit 22638 119 Avenue and 22633 Selkirk Avenue EXECUTIVE SUMMARY: A Development Variance Permit (2016-240-DVP) has been received in conjunction with a Town Centre Development Permit application (2016-240-DP) to permit the future construction of two mixed use commercial residential six storey buildings consisting of approximately 2,677m2 (28,700 ft2) of ground floor commercial and 138 residential units. The project is designed around a central plaza consisting of pedestrian park and a parking area with 71 parking spaces for the commercial units. The requested variances are to the following bylaws: Zoning Bylaw No. 3510-1985, Section 703 Town Centre Commercial (C-3) 1.Section 703(8)(b) requires that above the third storey of a building, the distance from the side lot lines shall be not less than 4.5 metres. The variance request is to reduce the distance from the side lot lines from 4.5 metres to 0 metres. This will create the appearance of a uniform building design for the entire city block; and 2.Section 703 (8)(a) requires that where a building is used for apartment use above a second storey, the distance from the front and rear lot lines above the second storey shall be not less than 7.5 metres. The variance request is to reduce this requirement from 7.5 metres to 0.5 metres. The proposed variance will create strong building orientation to the street and reduce the tier distance between floors. AND Off Street Parking and Loading Bylaw No. 4350-1990 1.Section 4.1 (a) (iv) is proposed to be varied to allow tandem parking in the C-3 (Town Centre Commercial) zone which may have obstructed access where the primary parking space is a carport or garage and the obstruction is an intervening parking stall. This is supportable as the development exceeds the required number of parking spaces and these tandem stalls are in excess of the minimum requirement. The tandem parking stalls will be allocated to a single unit via a restrictive covenant. The proposal requires 155 residential parking stalls and 366 parking stalls including the 48 tandem stalls in the private underground garage, that are provided for residential use. Council will be considering final reading for rezoning application 2016-240-RZ on November 28, 2017. 1108 - 2 - It is recommended that Development Variance Permit 2016-240-DVP be approved and Development Permit 2016-240-DP be approved. Council considered rezoning application 2016-240-RZ and granted first reading for Zone Amending Bylaw No.7262-2016 on July 26, 2016. Council granted first and second reading for Official Community Plan Amending Bylaw No.7342-2017 on July 13, 2017, and second reading for Zone Amending Bylaw No. 7262-2016 on June 13, 2017. This application was presented at Public Hearing on July 18, 2017 and Council granted third reading on July 26, 2017. Council will be considering final reading for rezoning application 2016-240-RZ on November 28, 2017. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2016-240-DVP respecting property located at 22638 119 Avenue and 22633 Selkirk Avenue. That the Corporate Officer be authorized to sign and seal 2016-240-DP respecting property located at 22638 119 Avenue and 22633 Selkirk Avenue. DISCUSSION: a) Background Context Applicant: Falcon Village Joint Venture Owner: City of Maple Ridge Legal Description: Lot 2 District Lot 401 Group 1 New Westminster District Plan EPP65496 Lot 4 District Lot 401 Group 1 New Westminster District Plan EPP65496 OCP : Existing: APTH (Medium and High-Rise Apartment) Proposed: Med/High Density Residential Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: One and Two Family Residential Zone: RS-1 (One Family Residential), RM-1 (Townhouse Residential) Designation Medium and High-Rise Residential South: Use: Commercial, Off-Street Parking Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial East: Use: Vacant, under application 2016-115-DP Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial West: Use: Mixed-Use Residential and Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial - 3 - Existing Use of Property: Vacant – excavation site Proposed Use of Property: Mixed Use Multi-Family and Commercial Site Area: 0.8 Ha (2 acres) Access: 227th Street Servicing: Urban Concurrent Applications: 2016-240-RZ b) Project Description: The subject properties under application are part of a four phased development project which includes a total of four mixed-use (residential/commercial) buildings varying in height from five to six storeys, arranged in a quadrangle style with an inner courtyard. The phase one building is currently under construction and the land is zoned C-3 (Town Centre Commercial). The land for phase two and four are zoned RS-1 (One Family Urban Residential) which does not allow apartment or commercial as permitted uses. Therefore, the proponent has applied to rezone them to C-3 (Town Centre Commercial) which permits both of those uses. The chart below details the rezoning. Summary of Development Phase Two and Four Phase Phase Two Phase Four Amenity Spaces and Public Art as part of rezoning Yes Yes Child Care Centre (Phase Four) No Phase Four -The proponent will construct a daycare space within one of the commercial retail units of at least 1,615 sq. ft. of indoor space (not including bathrooms and hallways) and 996 sq. ft. of exclusive use of outdoor space for use as a (25 –child) daycare. This has been secured with a Restrictive Covenant as a condition of the sale of the property to proponent. Rental Housing/ Affordable and Market Phase Two - 4 Rental Units Phase Four – 7 affordable non-market units Residential Units 59 Units 79 Units Commercial Units with total combined floor area 13 CRU (14,518 sq.ft.) 13 CRU (18,496 sq.ft.) Height of Buildings 6 storeys above ground and 2 storeys of parking below ground. 6 storeys above ground and 2 storeys of parking below ground. Phase three is also zoned C-3 (Town Centre Commercial) and requires a Town Centre Development Permit, Civic Core Precinct, has just been received by the City, at this point the application has not been reviewed by the Advisory Design Panel. The form and character of the development will continue the building material, form, massing, style, and colour scheme from the existing buildings on 226 Street, with some variation in material and colour to maintain visual interest. - 4 - The comprehensive development plan includes an underground parkade spanning the balance of the city block that will serve all future buildings. Two ramps to the underground parking structure will be accessed from the internal lane, similar to the existing design for buildings located on 226 Street. Building and parkade construction will occur in four phases, beginning in the north-east corner and ending with the buildings along Selkirk Avenue. Both the Town Centre Area Plan guiding principles and design guidelines speak to new developments that create a pedestrian-friendly design and enhanced public spaces that ensure an attractive, distinctive and vibrant centre. The developer has incorporated a central public plaza integrated with some surface parking within the centre of the block (Phase two and four) that provides landscaped green spaces, public art, seating areas, water features and routes for non- motorized transportation (emergency vehicles access is permitted). Additionally, the pedestrian realm also extends around the perimeter of the site along 119 and Selkirk Avenues, and 227 Street. Canopies and arcades will provide weather protection, and new pedestrian amenities including bike lock-ups, benches, street lighting and landscaping will be installed. c) Planning Analysis: Development Permit: The Development Permit Application made to the City prompting this referral to the ADP is subject to the Key Guidelines and the Design Guidelines of Section 8.11 Town Centre Development Permit. Key Guidelines: The following is a brief description and assessment of the proposal’s compliance with the applicable Key Development Permit Guidelines: 1. Promote the Civic Core as the “heart” of the Town Centre. The subject development is part of a larger multi-phased re-development that will revitalize the largely vacant city block between the Town Centre’s two main malls, Haney Place and Valley Fair. The building has been designed to foster a vibrant urban environment by providing sensitive design to both street frontages, as well as a future central gathering space that will accommodate a range of activities for the public. 2. Create a pedestrian-oriented, boutique style shopping district. Ground floor commercial units sited at 0 m setbacks to the front and exterior side of the property lines create an inviting pedestrian realm. Arcade features consistent with existing buildings on this block provide weather protection for pedestrians and outdoor seating opportunities. 3. Reference traditional architectural styles. The building’s architectural style reflects existing buildings in the Town Centre with the prominent use of bricks as a construction material. Building materials include brick, which references the Town Centre’s existing buildings and heritage. Additionally, the design echoes recently constructed buildings on the opposite side of the subject city block and an “Old World” quadrangle desing set around a Public Plaza. - 5 - 4. Capitalize on important views. Residential corner units are oriented to the north-east for mountain view opportunities. 5. Enhance existing and cultural activities and public open space. The first phase of development will include a portion of public open space surrounding the ground floor commercial units that will form part of a larger central space. 6. Provide climate appropriate landscaping and green features. A rooftop indoor and outdoor amenity space has been included in the design with appropriate landscaping for the enjoyment of the building occupants. Storm water detention facilities have been incorporated into the project and plaza area. 7. Maintain street interconnectivity Careful thought has been provided to street interconnectivity, with the creation of a predominantly pedestrian east-west lane design through the plaza, as well as, around the entire perimeter of the block. Variance Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for Mixed Use developments. A Development Variance Permit allows Council some flexibility in the approval process. The requested variances and rationale for support are described below: 1. Maple Ridge Zoning Bylaw No 3510 -1985, a. Section 703 (8) (b) is proposed to be varied from a minimum above the third storey of a building, the distance from side lot lines shall be not less than 4.5 m to zero; and b. Section 703 (8) (a) is proposed to be varied from where the building is used for apartment use above the second storey, the distance from the front and rear lot lines above the second storey shall be not less than 7.5m to 0.5 m. The proposed variances will create a strong building orientation to the street and reduce the tier distance between floors and create the appearance of a uniform building design for the entire city block which is supported by the following Town Centre Development Permit Guidelines. Similar variances were required to accommodate the early buildings on 226th and 227th Street. 2. Maple Ridge Off Street Parking and Loading Bylaw No 4350 -1990, a. Section 4.1 (a) (iv) is proposed to be varied to allow tandem parking in the C-3 (Town Centre Commercial) zone which may have obstructed access where the primary parking space is a carport or garage and the obstruction is an intervening parking stall. - 6 - The proposed parking is in excess of the required minimum parking standards. The proposed variance is to allow tandem parking configuration as the development exceeds the required number of parking spaces and these tandem stalls are in excess of the minimum requirement. The tandem parking stalls, all located in the underground parking garage, will be allocated to a single unit via a restrictive covenant. The proposal requires 155 residential parking stalls and 366 parking stalls including the 48 tandem stalls, that are provided for residential use d) 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 February 14, 2017. Following presentations by the project Architect and Landscape Architect, the ADP made the following resolutions and the applicants Architects response is in italics. 1. Use different colours of pavers. "Added to the site plan are different coloured pavers. This includes the parking lots, pathways, and areas previously scheduled as concreate or asphalt" 2. Consider using the same material to connect from 119th Avenue to Selkirk. "The same coloured paving material is being used to connect 119th Avenue to Selkirk." 3. Provide a landscape design in the detention ponds to accommodate programs for all seasons. " ‘All season programming’ in the detention ponds is the core idea behind the design. Storm water management plays a key role in the sustainability component of this project. The two 30’ X 30’ storm water receptacles centered in the plaza. Captures the hardscape and roof top water during the winter months. These storm water receptacles are at grade of the lawn, and are meant to be beautiful centerpieces, with submersible lighting, like ‘pools of light’ in the water. In the summer, because they will be dry. They function as gathering places, for several public opportunities, Artist and craft people can have weekend display; neighbouring children can stage art exhibits and puppet shows, dog lovers can stage dog shows, community evening movies, and events pf all kinds reflecting the diverse cultural heritage of the area." 4. Consider having amphitheater style seating into the detention ponds. "To enhance the summer programming and functionality of the ponds, amphitheatre style steps have been added to the 18” deep pond." 5. Consider an active water feature for summer use. "Existing in the design are Four "active water features" for all season uses. Two water features flanks the trellis bistro area on the north side and the other two flanks the trellis bistro area on the south side.” - 7 - 6. Eliminate bollards and introduce pedestrian scale decorative light columns. "Pedestrian scale decorative light columns were added at several locations Location 1: Behind the benches. Double fixture columns. Location 2: 119th and Selkirk double fixture columns with banners, for way finding and street presence Location 3: Along pathways and threshold points, single fixture columns The removable bollards will remains situated on the interior lane to promote bicycle use while minimizing vehicle use" - 8 - 7. Coordinate with the City for the public art installation. "Although many projects require a public art component, and sometimes partially funded by the City, this project, is different. For this project, the client offered the sculptures and further requested they become an integral component to the overall design. The ‘Tree Theme’ then developed in response to the idea of celebrating the history of Maple Ridge. As noted on the City website (history section): “On September 12, 1874, a group of settlers met at John McIver’s farm and decided that they should incorporate and become a municipality. The choice of the name came from the trees and topography of John McIver’s farm. There was a magnificent stand of maple trees along the ridge that ran along the edge of the McIver farm and followed the line of the Fraser River. This new municipality officially became ‘Maple Ridge’.” Four sculptures, define the four quadrants of the design. The “Tree Theme” represents the Maple tree growing on John MacIver’s farm. - 9 - It is the wish of the applicant to follow through with the character and theme of the sculpter as represented on the design for the reasons identified." 8. Consider minimum 2 inches of poured in place rubber for and use a variety of colours for daycare play area. "Two inches of poured in place rubber using a variety of colours, will be added to the children’s play area." 9. Improve accessibility to and circulation within patios where possible. "Additional patio doors have been added to improve patio access on 2nd Floor." 10. Provide different laundry room layout. "Revised laundry layouts provided" 11. Accentuate each residential entrance with its distinct canopy or port cochere. "Decorative metal blade signs have been added above the main residential lobby entrances." 12. Provide gateway or way finding at entrance to the courtyard. "Decorative metal signage has been added at the breezeway entries." 13. Consider varying silhouette at the roofline. "The roofs over the breezeways are raised in order to establish roof hierarchy." 14. Provide variation of hardie and brick colour to achieve a rhythm at the elevations. "A second hardie colour is added to select bays. Brick siding is raised at the breezeways." 15. Provide indoor amenity area / multi-purpose space where possible, such as in the vicinity of the residential lobbies. "Indoor amenity spaces are added adjacent to the main residential lobbies." 16. Consider further details in regards to the operative details of windows and the partition between patios. "All windows are operable. Privacy walls are replaced by thinner, 6’ high metal screens." 17. Provide a side light to all elevator lobbies. "Glazing is provided to elevator lobbies and other large enclosed egress/exit paths." - 10 - 18.Explore additional requirements for adaptive units to comply with SaferHOME Standards and Section 3.8.5 of BC Building Code (adaptable dwelling units). "Minimum 2’-10” doors are added to adaptable units. Other regulations are met." The above noted changes to the design of the building and landscaping addresses the areas of concern that the Advisory Design Panel expressed. e) Financial Implications: In accordance with Council’s Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost of $781,809.34 the security will be $781,809.34. CONCLUSION: A Development Variance Permit application and a Town Centre Development Permit application have been received for the subject properties, located at 22638 – 119 Avenue (P.I.D 030-163-625) and 22633 Selkirk Avenue (030-163-641), to construct two mixed use commercial residential six storey buildings consisting of approximately 2,677 sq. m (28,700 ft2) of ground floor commercial and 138 residential units. This application is subject to the Town Centre Development Permit – Civic Core Guidelines as outlined in the Town Centre Area Plan of the Official Community Plan (OCP). It is recommended that the Corporate Officer be authorized to sign and seal applications 2016-240-DVP and 2016-240-DP. “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 – Landscape Plans Appendix D – Architectural Elevations FILE: 2016-240-9P DATE: Nov 15, 2017 22633 SELKIRK AVENUE 22638 119 AVENUE PLANNING DEPARTMENT SELKIRK AVE. McINTOSH AVE.226 ST.227 ST.LA LANE SELKIRK AVE. LOUGHEED HWY.226 ST.LANE 11 LANE 118 A AVE. 119 AVE. SELKIRK AVE.2258022624/2611876 226112256511865 11858 2271011937 11971 2263211920/36 22535/3711890 11970 11882 22715226182260222222621211844 11910 2257522701/226252264111980 11996 2263311963 227112257011778222596 2270511931 2258111837 22661225582269222544/462263122538/42226382270122649226442261211862 11947 11698 22718/2011834 2272011940/48 1189322637-452254122564/6822554/5822550´ Scale: 1:2,000 BY: DT Legend Stream Ditch Centreline Indefinite Creek SUBJECT PROPERTIES APPENDIX A FILE: 2016-240-9P DATE: Nov 15, 2017 22633 SELKIRK AVENUE 22638 119 AVENUE PLANNING DEPARTMENT SELKIRK AVE. McINTOSH AVE.226 ST.227 ST.LA LANE SELKIRK AVE. LOUGHEED HWY.226 ST.LANE 11 LANE 118 A AVE. 119 AVE. SELKIRK AVE.2258022624/2611876 226112256511865 11858 2271011937 11971 2263211920/36 22535/3711890 11970 11882 22715226182260222222621211844 11910 2257522701/226252264111980 11996 2263311963 227112257011778222596 2270511931 2258111837 22661225582269222544/462263122538/42226382270122649226442261211862 11947 11698 22718/2011834 2272011940/48 1189322637-452254122564/6822554/5822550Aerial Imagery from the Spring of 2016´ Scale: 1:2,000 BY: DT Legend Stream Ditch Centreline Indefinite Creek SUBJECT PROPERTIES APPENDIX B APPENDIX C APPENDIX D -1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 16, 2018 and Members of Council FILE NO: 2016-274-SD FROM: Chief Administrative Officer MEETING: Council SUBJECT: 5% Money in Lieu of Parkland Dedication PID 217-967-546 EXECUTIVE SUMMARY: The subject property, located at PID 217-967-546 (see Appendices A and B), is proposed to be subdivided into four single family residential lots (see Appendix C). This subdivision is subject to the provisions of the Local Government Act regarding Parkland Dedication or payment in lieu of dedication. It is recommended that Council require payment in lieu of parkland dedication for the subject property. RECOMMENDATION: That pursuant to Local Government Act, Section 510, regarding 5% Parkland Dedication or payment in lieu, be it resolved that the owner of land proposed for subdivision at PID 217-967- 546 under application 2016-274-SD, shall pay to the City of Maple Ridge an amount that is not less than $67,100.00. DISCUSSION: Section 510 of the Local Government Act requires the provision of parkland, without compensation, as a condition of subdivision, subject to some exceptions. The land, not to exceed 5% of the area proposed for subdivision, may be acquired in a location acceptable to the City, or a payment equal to 5% of the market value of the area proposed for subdivision is required. Section 8.9, Watercourse Protection Development Permit Area, of the Official Community Plan states that where watercourse protection areas are identified on the lands, the area is to be dedicated into public ownership as Park, where possible, for the preservation, protection, restoration and enhancement of watercourses and riparian areas. These areas also provide large vegetated areas in urban neighbourhoods that provide corridors for wildlife and passive park areas for residents. Where there is either no watercourse protection areas (the subject property’s watercourse will be put into covenant, not dedicated), or no suitable lands are identified for park dedication, then 5% of the market value of the land is paid to the City. These funds are placed into a special Parkland Acquisition Reserve Fund, for the purpose of acquiring parkland, and is typically used where the ability to achieve parkland through development is limited, such as the Blaney Bog. In this particular instance there is no watercourse protection area or suitable lands present and it is, therefore, recommended that money in lieu of parkland dedication be provided. 1109 - 2 - In keeping with past practice, the City has requested that an appraisal be provided for the 5% market value of the development site. This appraisal is based on zoned but not serviced land. A report from a qualified real estate appraiser and discussions with the City has determined that the 5% value of this property is $67,100.00. CONCLUSION: As there are no suitable lands on the property for parkland dedication, it is recommended that Council require payment in lieu of parkland dedication as prescribed in the appraisal. “Original signed by “Adam Rieu” _______________________________________________ Prepared by: Adam Rieu Planning Technician “Original signed by “Chuck Goddard” for _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by “Frank Quinn” _______________________________________________ Approved by: Frank Quinn MBA, P.Eng GM: Public Works & Development Services “Original signed by “Paul Gill” _______________________________________________ Concurrence: Paul Gill, CPA, CGA Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Property Map Appendix B – Ortho Map Appendix C – Subdivision Plan DATE: Jul 20, 2016 2016-274-SD BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 LOT 11 LMP6975 ROLL NO. 73612-0011-0Legend Stream Indefinite Creek River Major Rivers & Lakes APPENDIX A DATE: Jul 20, 2016 2016-274-SD BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 LOT 11 LMP6975 ROLL NO. 73612-0011-0 Aerial Imagery from the Spring of 2015 Legend Stream Indefinite Creek River Major Rivers & Lakes APPENDIX B APPENDIX C Doc #1843704 Page 1 City of Maple Ridge TO:Her Worship Mayor Nicole Read MEETING DATE:January 16, 2018 and Members of Council FILE NO:06-01-0580-01 FROM:Chief Administrative Officer MEETING:Regular Council SUBJECT:Miscellaneous Finance Fees and Charges Bylaw Amendment – Bylaw No. 7413-2017 EXECUTIVE SUMMARY: Pursuant to Section 194 of the Community Charter, Council may, by bylaw, impose a fee payable in respect of all or part of a service of the municipality. Staff are recommending that Council deem Fire investigation and incident report’s routinely releasable, and approve imposing a fee for the service of providing fire incident or investigation reports,and motor vehicle accident and medical incident reports as follows: Fire Incident/Investigation Reports (including color photographs)$200.00 plus GST MVA/Medical Incident Report $100.00 plus GST RECOMMENDATION(S): THAT Bylaw No. 7413-2017 be given first, second and third reading. DISCUSSION: a)Background Context: In the past few years, Freedom of Information and Protection of Privacy requests relative to fire response records has steadily increased (see below). In 2013, as part of the 2014-2018 Financial Plan, the City of Surrey introduced making these records routinely releasable, and began charging fees for this service. Since this time, the cities of Burnaby, New Westminster, and Port Coqui tlam have begun charging for this service (see below). City of Maple Ridge Freedom of Information and Protection of Privacy Requests: Year # of FOI Requests # Fire Record Requests 2015 52 26 2016 69 43 2017 (to Nov. 24, 2017)71 40 Current Fee Structure of Neighbouring Municipalities Municipality Motor Vehicle Accident / Medical Calls Fire Incident / Investigation Report (including color photo’s) City of Surrey $151.42 $112.16 City of Burnaby $100.00 $200.00 City of New Westminster $100.00 $200.00 City of Port Coquitlam $110.00 $180.00 1131 Doc #1843704 Page 2 b)Desired Outcome(s): To recuperate some of the staff costs spent processing requests for records relative to fire incident/investigations, as well as motor vehicle and medical incident reports. c)Citizen/Customer Implications: As shown above other municipalities are charging for this service, and the practice is becoming more and more common.Law firms, insurance corporations and fire investigation companies will be affected by this change. d)Interdepartmental Implications: The request will be received by the FOI Coordinator who will arrange for an invoice to be sent by the Finance department. Upon proof of payment, the FOI Coordinator will request the records from the Fire Chief. Once the records have been received, the FOI Coordinator will redact relevant information pursuant to the Freedom of Information and Protection of Privacy Act, and release the records under the signature of the Head for Freedom of Information and Protection of Privacy .Should payment not be received within 30 days of invoicing, the file will be abandoned. e)Business Plan/Financial Implications: The proposed fees do not include GST which will be added at the time of invoicing.Staff are proposing that the revenue received be applied towards the records management budget in the Clerks department. f)Policy Implications: An amendment to the Fees and Charges Bylaw No. 7137-2015 is required to add fees for Fire Department records.Appendix A –Miscellaneous Finance Fees and Charges Amending Bylaw No. 7413-2017 g)Alternatives: That staff continue to process fire records requests pursuant to the Freedom of Information and Protection of Privacy Act where the only fees collected are those outlined in the Act. CONCLUSIONS: The fees and process change proposed for the handling of Fire record requests is becoming common practice amongst municipalities. Staff are comfortable with the proposed fees reflecting the costs of processing and will periodically review the fees charged by other municipalities to ensure our fees are comparable with others. Prepared by: Stephanie Nichols, Records Management / FOI Coordinator Approved by:Laurie Darcus, Manager of Legislative Services Approved by:Howard Exner, Fire Chief Concurrence:Paul Gill, CPA, CGA Chief Administrative Officer APPENDIX A Doc#1839569 CITY OF MAPLE RIDGE BYLAW NO.7413-2017 A Bylaw to amend Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No.7137-2015 WHEREAS, it is deemed expedient to amend Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No.7137-2015; NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Miscellaneous Finance Fees and Charges Amending Bylaw No.7413-2017.” 2.That Maple Ridge Miscellaneous Finance Fees and Charges Bylaw No.7137-2015, be amended as follows: a)That Schedule 1, be amended by adding the following fees as section 7: 7.Fire Department Record Requests (a)Fire Incident/Investigation Reports (including color photographs)$200.00 (b)MVA/Medical Incident Report $100.00 READ a first time the day of , 2018. READ a second time the day of , 2018. READ a third time the day of , 2018. ADOPTED the day of , 2018. _________________________________________________________ PRESIDING MEMBER CORPORATE OFFICER